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VOLUME 1
Titles 1 through 17
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 1
GENERAL PROVISIONS
Chapters
1.04
1.08
1.12
1.16
1.20
1.40
1.50
1.60
The code.
Statute law committee (Code reviser).
Rules of construction.
General definitions.
General provisions.
State medal of merit.
Washington gift of life award.
Medal of valor.
Chapter 1.04
THE CODE
Sections
1.04.010
1.04.013
1.04.014
1.04.015
1.04.016
1.04.020
Revised Code of Washington enacted.
1950 Supplement enacted.
Numbering system adopted—Application.
Numbering new sections, chapters—Corrections.
Expansion of numbering system—Decimal factor.
Code as evidence of the law—Rule of construction—Effect
of amendment.
1.04.021
Rule of construction—Prima facie law.
1.04.030
New laws to be added to code.
1.04.040
Code may be cited as "RCW."
Code reviser: Chapter 1.08 RCW.
Legislature to amend or repeal laws by reference to code numbers: RCW
1.08.050.
Statute law committee: Chapter 1.08 RCW.
1.04.010 Revised Code of Washington enacted. The
ninety-one titles with chapters and sections designated as the
"Revised Code of Washington" and attested by the secretary
of the senate and the chief clerk of the house of representatives of the legislature of the state of Washington, are
hereby enacted and designated as the "Revised Code of
Washington." Said code is intended to embrace in a revised,
consolidated, and codified form and arrangement all the laws
of the state of a general and permanent nature. [1951 c 5 §
2; 1950 ex.s. c 16 § 1.]
Creation of new code titles authorized, effect: RCW 1.08.015.
1.04.013 1950 Supplement enacted. The titles,
chapters, and sections designated as the "1950 Supplement
to the Revised Code of Washington" attested by the secretary
of the senate and the chief clerk of the house of representatives of the legislature of the state of Washington, and filed
with the secretary of state, are hereby enacted and consolidated into and with the Revised Code of Washington. Said
1950 supplement is intended to embrace (1) in a revised and
codified form, all those laws of the state of Washington of
a general and permanent nature enacted since January 1,
1949, (2) revision and recodification of certain of the titles,
chapters, and sections of the revised code, and (3) application of a new system of numbering to all of the sections and
(2002 Ed.)
certain of the chapters of the revised code, subject to RCW
1.04.014. [1951 c 5 § 1.]
1.04.014 Numbering system adopted—Application.
The system of numbering employed in the 1950 supplement
is hereby adopted as the general system to be followed in
designating sections of the revised code. Specific numbers,
in accordance with such system, are authorized to be
assigned to sections of the revised code as follows:
Those chapters and sections of the revised code expressly numbered or renumbered in the 1950 supplement are
authorized to be numbered or renumbered to the new number
respectively shown in the 1950 supplement. All other
sections of the revised code now existing are authorized to
be renumbered by tens according to the plan generally used
in the 1950 supplement, using the number of the title, the
new number, if any, of the chapter in which the section
occurs, and adding the digit "0" to the terminal end of the
number marking the position of the section within the
chapter. The secretary of state shall, before publication of
any laws enacted at this session of the legislature which are
by their terms expressly amendatory of any section or
sections contained in the revised code or the 1950 supplement, renumber each section and correlate the numbers of
sections so renumbered, in accordance with this provision, so
that each such section when published bears or is referred to
by its proper new number. The secretary of state, in
publishing the session laws of this thirty-second session of
the legislature shall use therein the applicable new numbers
of the respective sections so renumbered. [1951 c 5 § 3.]
1.04.015 Numbering new sections, chapters—
Corrections. New chapters or sections added to the Revised
Code of Washington (as supplemented or modified by the
1950 supplement), as the result of laws enacted at this or
subsequent sessions of the legislature, shall be numbered in
harmony with said general numbering system, and shall bear
such respective numbers in accordance therewith as may be
assigned by such official or agency as may be expressly
authorized by law so to do.
This section shall not prohibit or prevent the correction
by any such official or agency, of the number of any section
of the revised code found clearly to be incorrectly numbered
or incorrectly correlated with other sections as to number.
[1951 c 5 § 4.]
1.04.016 Expansion of numbering system—Decimal
factor. It is the intent that under said numbering system the
section factor of the section number shall be treated as a
decimal figure, and where new sections must hereafter in
codifying be inserted between sections then already consecutively numbered, the proper number for such new section
shall be created by the insertion of an additional digit at the
[Title 1 RCW—page 1]
1.04.016
Title 1 RCW: General Provisions
terminal end of the number of the section immediately
preceding the location at which such new section is to be
inserted. [1951 c 5 § 5.]
1.04.020 Code as evidence of the law—Rule of
construction—Effect of amendment. The contents of the
Revised Code of Washington, after striking therefrom
sections repealed or superseded by laws of the state of
Washington enacted since January 1, 1949, as the revised
code is supplemented or modified in the 1950 supplement,
shall establish the laws of this state of a general and permanent nature in effect on January 1, 1951; except, that nothing
herein shall be construed as changing the meaning of any
such laws and, as a rule of construction, in case of any omissions or any inconsistency between any of the provisions of
the revised code as so supplemented or modified and the
laws existing immediately preceding this enactment, the
previously existing laws shall control. Any section of the
Revised Code of Washington (as supplemented or modified
by the 1950 supplement) expressly amended by the legislature, including the entire context set out, shall, as so amended, constitute the law and the ultimate declaration of legislative intent. [1951 c 5 § 6.]
1.04.021 Rule of construction—Prima facie law.
The contents of said code shall establish prima facie the laws
of this state of a general and permanent nature in effect on
January 1, 1949, but nothing herein shall be construed as
changing the meaning of any such laws. In case of any
omissions, or any inconsistency between any of the provisions of said code and the laws existing immediately
preceding this enactment, the previously existing laws shall
control. [1950 ex.s. c 16 § 2.]
1.04.030 New laws to be added to code. All laws of
a general and permanent nature enacted after January 1,
1949, shall, from time to time, be incorporated into and
become a part of said code. [1950 ex.s. c 16 § 3.]
1.04.040 Code may be cited as "RCW." The code
may be cited by the abbreviation "RCW." [1950 ex.s. c 16
§ 4.]
Chapter 1.08
STATUTE LAW COMMITTEE
(CODE REVISER)
Sections
1.08.001
1.08.003
1.08.005
1.08.007
1.08.011
1.08.013
1.08.015
1.08.016
1.08.017
1.08.020
1.08.021
1.08.023
1.08.024
1.08.025
Statute law committee created—Membership.
Terms of members—Filling vacancies.
Compensation and expenses of members.
Committee meetings—Quorum—Secretary.
Employment of code reviser and staff—Supervision.
Code reviser defined.
Codification and revision of laws—Scope of revision.
Code correction—Committee orders.
May omit certain sections of acts.
Code index.
Historical records.
Annotations.
Inclusion in code of rules of court.
Improvement of statutes.
[Title 1 RCW—page 2]
1.08.026
Examination of code—Hearings—Recommendations to
legislature.
1.08.027
Bill drafting service.
1.08.028
Opinions as to validity or constitutionality.
1.08.031
Information service to legislators.
1.08.033
Reviser’s office location.
1.08.037
Publication of code—Specifications—Certificate of compliance.
1.08.038
Publication, sale, and distribution of code and supplements—Reprints.
1.08.039
Publication, sale, and distribution of code and supplements—Contracts or other arrangements.
1.08.0392 Publication, sale, and distribution of code and supplements—Statute law committee publications account
created—Purpose—Disbursements.
1.08.040
Certification—Official code—Prima facie evidence.
1.08.050
Amendment, repeal to include code numbers—Assignment
of code numbers.
1.08.060
Loans and exchanges of codes and supplements.
1.08.070
Legislators to receive codes and supplements.
1.08.110
Publication of Washington state register—Rule-making authority.
1.08.112
Report on rule-making activity.
1.08.120
Substitution of words designating department or secretary of
transportation.
Administrative procedures, reviser’s powers and duties: Chapter 34.05
RCW.
Statute law committee to publish session laws: Chapter 44.20 RCW.
Voter registration, copy of statewide computer tape provided to statute law
committee: RCW 29.04.160.
1.08.001 Statute law committee created—
Membership. There is created a permanent statute law
committee consisting of twelve lawyer members as follows:
A lawyer member of the legislature, ex officio, designated
by the speaker of the house of representatives with the
concurrence of the president of the senate; the chairman of
the senate judiciary committee, ex officio, or a member
thereof who belongs to the same political party as the
chairman, and one other member thereof who belongs to the
other major political party, to be appointed by the chairman;
the chairman of the house judiciary committee, ex officio, or
a member thereof who belongs to the same political party as
the chairman, and one other member thereof who belongs to
the other major political party, to be appointed by the
chairman; five lawyers admitted to practice in this state,
designated by the board of governors of the Washington
State Bar Association; a judge of the supreme court or a
lawyer who has been admitted to practice in this state,
recommended by the chief justice of the supreme court; and
a lawyer member at large appointed by the governor. All
such designations or appointments, shall except as provided
in RCW 1.08.003, be made as above provided prior to April
1, 1959. [1967 ex.s. c 124 § 1; 1959 c 95 § 1; 1955 c 235
§ 1; 1953 c 257 § 1; 1951 c 157 § 1.]
Severability—1955 c 235: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1955 c 235 § 10.]
1.08.003 Terms of members—Filling vacancies. The
terms of the members designated by the State Bar Association, shall be for six years. The term of the member
recommended by the chief justice shall be at the pleasure of
the supreme court. The term of the governor’s appointee
shall be four years. The term of the senate and house
judiciary committee members shall be two years, from April
(2002 Ed.)
Statute Law Committee (Code Reviser)
1st following the adjournment of the regular session of the
legislature in each odd-numbered year starting in 1955 and
to and including the thirty-first day of March in the succeeding odd-numbered year.
The term of any ex officio member, other than senate
and house judiciary committee members shall expire upon
expiration of tenure of the position by virtue of which he is
a member of the committee. Vacancies shall be filled by
designation, appointment, or ex officio in the same manner
as for the member so vacating, and if a vacancy results other
than from expiration of a term, the vacancy shall be filled
for the unexpired term.
Of the members to be designated by the Washington
State Bar Association, the term of one member shall expire
March 31, 1959, the terms of two members shall expire
March 31, 1961, the terms of two members shall expire
March 31, 1963, and the term of one member shall expire
March 31, 1965: PROVIDED, That this 1959 amendment
shall not affect the present terms of present members. [1959
c 95 § 2; 1955 c 235 § 2; 1953 c 257 § 2; 1951 c 157 § 2.]
1.08.005 Compensation and expenses of members.
For attendance at meetings of the committee or in attending
to such other business of the committee as may be authorized thereby, each legislative member of the committee
shall receive the per diem and travel allowances provided for
such members by RCW 44.04.120, and each other member
shall be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060. [1984 c 287 § 6; 1969
c 21 § 1; 1951 c 157 § 3.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
1.08.007 Committee meetings—Quorum—Secretary.
The committee shall meet at the call of the senate judiciary
chairman as soon as feasible after April 1, 1953. The
committee shall from time to time elect a chairman from
among its members, and adopt rules to govern its procedures. Four members of the committee shall constitute a
quorum for the transaction of any business but no proceeding
of the committee shall be valid unless carried by the vote of
a majority of the members present. The reviser or a member
of his staff shall act as secretary of the committee. [1953 c
257 § 3; 1951 c 157 § 4.]
1.08.011 Employment of code reviser and staff—
Supervision. The committee shall, as soon as practicable
after April 1, 1951, employ on behalf of the state, and from
time to time fix the compensation of a competent code
reviser, with power to terminate any such employment at any
time, subject to contract rights. The committee shall also
employ on behalf of the state and fix the compensation of
such additional legal and clerical assistance to the code
reviser as may reasonably be required under this chapter.
The committee shall have general supervision and control
over the functions and performance of the reviser. [1951 c
157 § 5.]
1.08.013 Code reviser defined. Code reviser shall
mean any lawyer or law publisher employing competent
(2002 Ed.)
1.08.003
lawyers, each deemed by the committee to be qualified to
compile the statutory law of the state of Washington as
enacted by the legislature into a code or compilation of laws
by title, chapter and section, without substantive change or
alteration of purpose or intent. [1951 c 157 § 6.]
1.08.015 Codification and revision of laws—Scope
of revision. Subject to such general policies as may be
promulgated by the committee and to the general supervision
of the committee, the reviser shall:
(1) Codify for consolidation into the Revised Code of
Washington all laws of a general and permanent nature
heretofore or hereafter enacted by the legislature, and assign
permanent numbers as provided by law to all new titles,
chapters, and sections so added to the revised code.
(2) Edit and revise such laws for such consolidation, to
the extent deemed necessary or desirable by the reviser and
without changing the meaning of any such law, in the
following respects only:
(a) Make capitalization uniform with that followed
generally in the revised code.
(b) Make chapter or section division and subdivision
designations uniform with that followed in the revised code.
(c) Substitute for the term "this act," where necessary,
the term "section," "part," "code," "chapter," or "title," or
reference to specific section or chapter numbers, as the case
may require.
(d) Substitute for reference to a section of an "act," the
proper code section number reference.
(e) Substitute for "as provided in the preceding section"
and other phrases of similar import, the proper code section
number references.
(f) Substitute the proper calendar date for "effective date
of this act," "date of passage of this act," and other phrases
of similar import.
(g) Strike out figures where merely a repetition of
written words, and substitute, where deemed advisable for
uniformity, written words for figures.
(h) Rearrange any misplaced statutory material, incorporate any omitted statutory material as well as correct manifest errors in spelling, and manifest clerical or typographical
errors, or errors by way of additions or omissions.
(i) Correct manifest errors in references, by chapter or
section number, to other laws.
(j) Correct manifest errors or omissions in numbering or
renumbering sections of the revised code.
(k) Divide long sections into two or more sections, and
rearrange the order of sections to conform to such logical
arrangement of subject matter as may most generally be
followed in the revised code when to do so will not change
the meaning or effect of such sections.
(l) Change the wording of section captions, if any, and
provide captions to new chapters and sections.
(m) Strike provisions manifestly obsolete.
(3) Create new code titles, chapters, and sections of the
Revised Code of Washington, or otherwise revise the title,
chapter and sectional organization of the code, all as may be
required from time to time, to effectuate the orderly and
logical arrangement of the statutes. Such new titles, chapters, and sections, and organizational revisions, shall have the
same force and effect as the ninety-one titles originally
[Title 1 RCW—page 3]
1.08.015
Title 1 RCW: General Provisions
enacted and designated as the "Revised Code of Washington"
pursuant to the code adoption acts codified in chapter 1.04
RCW. [1961 c 246 § 1; 1953 c 257 § 4; 1951 c 157 § 7.]
1.08.016 Code correction—Committee orders. The
committee may at any time by order correct any section or
portion of the code in any of the respects enumerated in
RCW 1.08.015. Orders shall be numbered consecutively and
signed by the committee chairman and each order shall be
followed by an explanatory note reciting the reason therefor.
Unless otherwise prescribed in the orders, each shall
become effective ninety days after
(1) signing of the order; and
(2) filing a summary thereof with the board of governors of the State Bar Association; and
(3) the filing thereof with the secretary of state. [1953
c 257 § 5.]
1.08.017 May omit certain sections of acts. The
reviser may omit from the code all titles to acts, enacting
and repealing clauses, preambles, declarations of emergency,
and validity and construction sections unless, in a particular
instance, it may be necessary to retain such to preserve the
full intent of the law. The omission of validity or construction sections is not intended to, nor shall it change, or
be considered as changing, the effect to be given thereto in
construing legislation of which such validity and construction
sections were a part. Any section so omitted, other than
repealing, emergency, or validity provisions, shall be referred
to or set forth as an annotation to the applicable sections of
the act as codified. [1955 c 235 § 3; 1951 c 157 § 8.]
1.08.020 Code index. The reviser, as soon as practicable, shall compile and thereafter maintain a comprehensive
index and from time to time prepare for publication supplements thereto. [1953 c 257 § 7.]
1.08.021 Historical records. The reviser shall prepare
and maintain full historical records showing the enactment,
amendment, revision, supersession, and repeal of the various
sections of the revised code. [1951 c 157 § 9.]
1.08.023 Annotations. The reviser may prepare and
maintain complete annotations of court decisions construing
the statutes of this state. [1951 c 157 § 10.]
1.08.024 Inclusion in code of rules of court. The
committee may provide for inclusion in the published sets of
the code the rules of court promulgated by the supreme
court. [1953 c 257 § 8.]
1.08.025 Improvement of statutes. The committee,
or the reviser with the approval of the committee, shall from
time to time make written recommendations to the legislature
concerning deficiencies, conflicts, or obsolete provisions in,
and need for reorganization or revision of, the statutes, and
shall prepare for submission to the legislature, legislation for
the correction or removal of such deficiencies, conflicts or
obsolete provisions, or to otherwise improve the form or
substance of any portion of the statute law of this state as
[Title 1 RCW—page 4]
the public interest or the administration of the subject may
require.
Such or similar projects may also be undertaken at the
request of the legislature and legislative interim bodies and
if such undertaking will not impede the other functions of
the committee.
All such proposed legislation shall be annotated so as to
show the purposes, reasons, and history thereof. [1997 c 41
§ 1; 1983 c 52 § 2; 1959 c 95 § 3; 1951 c 157 § 11.]
1.08.026 Examination of code—Hearings—
Recommendations to legislature. The committee also shall
examine the revised code and from time to time submit to
the legislature proposals for enactment of the several titles,
chapters and sections thereof, to the end that, as expeditiously as possible, the revised code, and each part thereof, shall
constitute conclusive, rather than prima facie evidence of the
law. Each such proposal shall be accompanied by explanatory matter. The committee may hold hearings concerning any
such proposal or concerning recommendations formulated or
to be formulated in accordance with RCW 1.08.025.
Proposals or recommendations approved by the committee
shall be submitted to the chairman of the house or senate
judiciary committee at the commencement of the next
succeeding session of the legislature. [1959 c 95 § 4; 1953
c 257 § 9.]
1.08.027 Bill drafting service. The reviser shall be
in charge of and shall at all times maintain an expert bill
drafting service for the use and benefit of the legislature, its
committees and its members. Prior to any session thereof,
the legislature shall provide quarters convenient to both
houses and shall augment the reviser’s staff with such
additional legal and clerical assistance as may be needed to
carry out the bill drafting functions of the legislature and pay
the cost of such additional staff. Such services shall be
confidential and nonpartisan and no member of the bill
drafting staff shall advocate for or against any legislative
measure. [1953 c 257 § 6; 1951 c 157 § 12.]
Initiative measures, review by code reviser: RCW 29.79.015.
1.08.028 Opinions as to validity or constitutionality.
Neither the reviser nor any member of his staff shall be
required to furnish any written opinion as to the validity or
constitutionality of any proposed legislation, which he may
be requested to draft or prepare, nor shall any member of the
committee be required to pass upon the constitutionality of
any matter submitted to it for consideration. [1955 c 235 §
4.]
1.08.031 Information service to legislators. The
reviser shall, to the extent reasonably feasible through
available facilities and public sources of information, provide
objective and factual information in writing to and upon
request of any member of the legislature relative to any
matter which is or may be the subject of or involved in,
legislation. [1951 c 157 § 13.]
1.08.033 Reviser’s office location. The department
of public institutions shall provide suitable office and storage
(2002 Ed.)
Statute Law Committee (Code Reviser)
space and facilities for the reviser and his staff at Olympia,
at a location convenient to the legislature and to the state
law library. [1955 c 235 § 5; 1951 c 157 § 15.]
Reviser’s note: Powers and duties of department of public institutions relating to housing of state agencies were repealed by 1955 c 195 §
3 and the director of general administration was vested with these powers
and duties in 1955 c 285 § 9.
1.08.037 Publication of code—Specifications—
Certificate of compliance. The committee shall from time
to time formulate specifications relative to the format, size
and style of type, paper stock, number of volumes, method
and quality of binding, contents, indexing, and general scope
and character of footnotes, and annotations, if any, for any
publication for general use of the revised code and supplements thereto. No such publication or the contents thereof,
other than such temporary edition as may expressly be
authorized by the legislature, shall be received as evidence
of the laws of this state unless it complies with such specifications of the committee as are current at the time of
publication, including compliance with the section numbering
adopted by the reviser under supervision of the statute law
committee. If a publication complies with such specifications, the committee shall furnish a certificate of such compliance, executed on behalf of the committee by its chairman, to the publisher, and the certificate shall be reproduced
at the beginning of each such volume or supplement.
Upon request of any publisher in good faith interested
in publishing said code, the committee shall furnish a copy
of its current specifications and shall not during the process
of any bona fide publication of said code or supplements
modify any such specifications, if such modification would
result in added expense or material inconvenience to the
publisher, without written concurrence therein by such
publisher. [1955 c 235 § 6; 1953 c 257 § 14; 1951 c 157 §
14.]
1.08.038 Publication, sale, and distribution of code
and supplements—Reprints. The statute law committee
shall publish, sell and distribute, and arrange for the publication, sale and distribution of the Revised Code of Washington and of supplements thereto and of such other materials
as in their discretion may be incorporated in or appended to
the code. They may republish, reprint or authorize the
republishing or reprinting of the code or any portion thereof.
[1955 c 235 § 7; 1953 c 257 § 11.]
1.08.039 Publication, sale, and distribution of code
and supplements—Contracts or other arrangements. The
committee may enter into contracts or otherwise arrange for
the publication and/or distribution, provided for in RCW
1.08.038, with or without calling for bids, by the public
printer or by private printer, upon specifications formulated
under the authority of RCW 1.08.037, and upon such basis
as the committee deems to be most expeditious and economical. Any such contract may be upon such terms as the
committee deems to be most advantageous to the state and
to potential purchasers of such publications. The committee
shall fix terms and prices for such publications. [1955 c 235
§ 8; 1953 c 257 § 12.]
(2002 Ed.)
1.08.033
1.08.0392 Publication, sale, and distribution of code
and supplements—Statute law committee publications
account created—Purpose—Disbursements. For the
purposes of financing the production and sale of such of its
publications as in the judgment of the statute law committee
may be advantageously financed by the use of revolving
fund moneys, there is hereby created, and the committee is
authorized to maintain, a revolving fund to be known as
statute law committee publications account. None of the
provisions of RCW 43.01.050 shall be applicable to said
fund nor to any moneys received or collected by the committee for publications financed by said fund.
All moneys shall be paid from said account by check or
voucher in such form and in such manner as shall be
prescribed by the committee. [1961 c 246 § 2.]
1.08.040 Certification—Official code—Prima facie
evidence. The Revised Code of Washington containing the
certificate of the temporary code committee and any supplement or addition thereto or reprint edition thereof, which
contains the certificate of the statute law committee referred
to in RCW 1.08.037, shall be deemed official, and shall be
prima facie evidence of the laws contained therein. [1955 c
5 § 2; 1953 c 257 § 15; 1951 c 157 § 16; 1941 c 149 § 3;
Rem. Supp. 1941 § 152-38.]
1.08.050 Amendment, repeal to include code
numbers—Assignment of code numbers. The legislature
in amending or repealing laws shall include in such act
references to the code numbers of the law affected. The
reviser shall assign code numbers to such permanent and
general laws as are hereafter enacted at any legislative
session. [1959 c 95 § 5; 1955 c 5 § 3; 1951 c 157 § 17.
Prior: (i) 1941 c 149 § 4; Rem. Supp. 1941 § 152-39. (ii)
1947 c 282 § 1; Rem. Supp. 1947 § 152-40.]
1.08.060 Loans and exchanges of codes and supplements. The committee may loan sets of the code and
materials supplemental thereto
(1) for the use of senate committees, a quantity as
required by advice from the secretary of the senate, not to
exceed twenty-five sets;
(2) for use of the house committees, a quantity as
required by advice from the chief clerk of the house, not to
exceed thirty-five sets;
(3) to the state law library for library use;
(4) for use of the reviser’s office, as required;
(5) for use of recognized news reporting services
maintaining permanent offices at the capitol, three sets.
The committee may exchange copies of RCW for codes
or compilations of other states. [1982 1st ex.s. c 32 § 6;
1953 c 257 § 10.]
1.08.070 Legislators to receive codes and supplements. Each member of the legislature, who has not
received a set of the Revised Code of Washington under the
provisions of section 9, chapter 155, Laws of 1951, or
section 16, chapter 257, Laws of 1953, or this section, shall
be entitled to receive one set of the code without charge.
All persons receiving codes under the provisions of this
section or the sections above referred to shall be entitled to
[Title 1 RCW—page 5]
1.08.070
Title 1 RCW: General Provisions
receive supplements to the code free of charge, during their
term of office as a member or officer of the legislature:
PROVIDED, That legislative appropriation has been made
for the purpose of supplying such codes and supplements.
[1955 c 235 § 9.]
1.08.110 Publication of Washington state register—
Rule-making authority. The statute law committee, in
addition to the other responsibilities enumerated in this
chapter, shall cause to be published the Washington State
Register as created in RCW 34.08.020. The statute law
committee and/or the code reviser may adopt such rules as
are necessary for the effective operation of such service.
[1977 ex.s. c 240 § 2.]
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
1.08.112 Report on rule-making activity. (1) The
code reviser shall compile and publish on a quarterly basis
a report on state agency rule-making activity. The report
shall summarize the following information by agency and by
type of activity for new, amended, and repealed rules
adopted by state agencies pursuant to chapter 34.05 RCW:
(a) The number adopted, proposed for adoption, and
withdrawn;
(b) The number adopted as emergency rules;
(c) The number adopted in order to comply with federal
statute, with federal rules or standards, and with recently
enacted state statutes;
(d) The number adopted at the request of a nongovernmental entity;
(e) The number adopted on an agency’s own initiative;
(f) The number adopted in order to clarify, streamline,
or reform agency procedures;
(g) The number of petitions for review of rules received
by agencies;
(h) The number of rules appealed to superior court; and
(i) The number adopted using negotiated rule making,
pilot rule making, or other alternative rule-making mechanisms.
(2) For purposes of the report required by this section,
each Washington State Register filing section shall be
considered as a separate rule. The code reviser may adopt
rules necessary to implement this section. To the maximum
extent practicable, the code reviser shall use information
supplied on forms provided by state agencies pursuant to
chapter 34.05 RCW to prepare the report required by this
section. [1995 c 403 § 704.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
1.08.120 Substitution of words designating department or secretary of transportation. For purposes of
harmonizing and clarifying the provisions of the statute
sections published in the revised code of Washington, the
code reviser may substitute words designating the department
of transportation or the secretary of transportation, as
appropriate, whenever necessary to effect the changes in
meaning provided for in RCW 47.68.015 and 47.04.015 or
[Title 1 RCW—page 6]
any other act of the 1977 legislature. [1977 ex.s. c 151 §
24.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Chapter 1.12
RULES OF CONSTRUCTION
Sections
1.12.010
1.12.020
1.12.025
1.12.026
1.12.028
1.12.040
1.12.050
1.12.060
1.12.070
Code to be liberally construed.
Statutes continued, when.
Construction of multiple amendments to statutes—
Publication—Decodification of repealed sections.
Construction of statutes—Retrospective application.
Construction of statutes—Internal references as including
amendments thereto.
Computation of time.
Number and gender.
Certified mail—Use.
Reports, claims, tax returns, remittances, etc.—Filing.
1.12.010 Code to be liberally construed. The
provisions of this code shall be liberally construed, and shall
not be limited by any rule of strict construction. [1891 c 23
§ 1, part; Code 1881 §§ 758, 1686; 1877 p 153 § 763; 1854
p 221 § 504; RRS § 144.]
Reviser’s note: (1) This section is a part of 1891 c 23 § 1. The
introductory phrase of that section provides: "The following provisions
relative to the construction of statutes shall be rules of construction and
shall constitute a part of the code of procedure of this state:"
(2) This section was originally section 504 of the 1854 statute entitled
"An act to regulate the practice and proceedings in civil actions." Section
504 of the 1854 statute reads as follows: "The provisions of this act shall
be liberally construed and shall not be limited by any rule of strict
construction." Identical language appears in Code of 1881 § 1686 relating
to probate, and again in Code of 1881 § 758, being part of "An act to
regulate the practice and proceedings in civil actions" except that in the
latter instance the 1881 codifier changed the words "this act" to read "this
code."
1.12.020 Statutes continued, when. The provisions
of a statute, so far as they are substantially the same as those
of a statute existing at the time of their enactment, must be
construed as continuations thereof. [1891 c 23 § 1, part;
Code 1881 §§ 761, 1292, 1681; RRS § 145.]
Reviser’s note: This section is a part of 1891 c 23 § 1. The
introductory phrase of that section provides: "The following provisions
relative to the construction of statutes shall be rules of construction and
shall constitute a part of the code of procedure of this state:".
Laws in force continued: State Constitution Art. 27 § 2.
1.12.025 Construction of multiple amendments to
statutes—Publication—Decodification of repealed sections. (1) If at any session of the legislature there are
enacted two or more acts amending the same section of the
session laws or of the official code, each amendment without
reference to the others, each act shall be given effect to the
extent that the amendments do not conflict in purpose,
otherwise the act last filed in the office of the secretary of
state in point of time, shall control: PROVIDED, That if
one or more special sessions of the same legislature shall
follow any regular session, this rule of construction shall
apply to the laws enacted at either, both, any, or all of such
sessions.
(2002 Ed.)
Rules of Construction
(2) If a section of the session laws or of the official
code is amended without reference to another amendment of
the same section, the code reviser, in consultation with the
statute law committee, may publish the section in the official
code with all amendments incorporated therein. The publication of the section under this subsection shall occur only if
the statute law committee determines that the amendments
do not conflict in purpose or effect. Sections so published
constitute prima facie evidence of the law but shall not be
construed as changing the meaning of any such law.
The code reviser, in consultation with the statute law
committee, may decodify a section of the official code which
was repealed without reference to an amendment to the
section. The decodification of the section shall occur only
if the statute law committee determines that the
decodification does not conflict with the purpose of the
amendment. Any decision of the code reviser, in consultation with the statute law committee, to incorporate amendments in the same section or to decodify a section which
was both repealed and amended in the same session shall be
clearly noted in the revised code of Washington.
If any conflict arises in the interpretation of a section
published or decodified under this subsection, the session
law sections shall control. [1983 c 244 § 1; 1980 c 87 § 2;
1974 ex.s. c 87 § 1; 1969 ex.s. c 240 § 1; 1955 c 162 § 1.]
1.12.026 Construction of statutes—Retrospective
application. The provisions of RCW 1.12.025 as now or
hereafter amended shall apply retrospectively as well as
prospectively. [1969 ex.s. c 240 § 2.]
1.12.028 Construction of statutes—Internal references as including amendments thereto. If a statute refers
to another statute of this state, the reference includes any
amendments to the referenced statute unless a contrary intent
is clearly expressed. [1982 c 16 § 1.]
1.12.040 Computation of time. The time within
which an act is to be done, as herein provided, shall be
computed by excluding the first day, and including the last,
unless the last day is a holiday, Saturday, or Sunday, and
then it is also excluded. [1997 c 125 § 1; 1887 c 20 § 1;
Code 1881 § 743; 1854 p 219 § 486; RRS § 150.]
Rules of court: CR 6(a), RAP 18.6. Cf. RAP 18.22.
Reviser’s note: This section has been enacted at various times as part
of "An act to regulate the practice and proceedings in civil actions."
However, Allen v. Morris, 87 Wash. 268, 274, 151 Pac. 827 (1915); State
ex rel. Evans v. Superior Court, 168 Wash. 176, 179, 11 P. (2d) 229 (1932);
State v. Levesque, 5 Wn. (2d) 631, 635, 106 P. (2d) 309 (1940); and State
ex rel. Early v. Batchelor, 15 Wn. (2d) 149, 130 P. (2d) 72 (1942), treat this
section as being of general application.
1.12.050 Number and gender. Words importing the
singular number may also be applied to the plural of persons
and things; words importing the plural may be applied to the
singular; and words importing the masculine gender may be
extended to females also. [1891 c 23 § 1, part; Code 1881
§§ 756, 965, 1920; 1877 p 153 § 761; 1857 p 45 § 1; 1854
p 99 § 135 and p 221 § 502; RRS § 148.]
Reviser’s note: This section is a part of 1891 c 23 § 1. The
introductory phrase of that section provides: "The following provisions
(2002 Ed.)
1.12.025
relative to the construction of statutes shall be rules of construction and
shall constitute a part of the code of procedure of this state:".
Probate, number and gender: RCW 11.02.005.
Statutes in gender-neutral terms: RCW 44.04.210.
Wrongful death, number and gender: RCW 4.20.005.
1.12.060 Certified mail—Use. Whenever the use of
"registered" mail is authorized by this code, "certified" mail,
with return receipt requested, may be used. [1961 c 204 §
1.]
1.12.070 Reports, claims, tax returns, remittances,
etc.—Filing. Except as otherwise specifically provided by
law hereafter:
(1) Any report, claim, tax return, statement or other
document required to be filed with, or any payment made to
the state or to any political subdivision thereof, which is (a)
transmitted through the United States mail, shall be deemed
filed and received by the state or political subdivision on the
date shown by the post office cancellation mark stamped
upon the envelope or other appropriate wrapper containing
it; or (b) mailed but not received by the state or political
subdivision, or where received and the cancellation mark is
illegible, erroneous, or omitted, shall be deemed filed and
received on the date it was mailed if the sender establishes
by competent evidence that the report, claim, tax return,
statement, remittance, or other document was deposited in
the United States mail on or before the date due for filing;
and in cases of such nonreceipt of a report, tax return,
statement, remittance, or other document required by law to
be filed, the sender files with the state or political subdivision a duplicate within ten days after written notification is
given to the sender by the state or political subdivision of its
nonreceipt of such report, tax return, statement, remittance,
or other document.
(2) If any report, claim, tax return, statement, remittance, or other document is sent by United States registered
mail, certified mail or certificate of mailing, a record
authenticated by the United States post office of such registration, certification or certificate shall be considered
competent evidence that the report, claim, tax return,
statement, remittance or other document was delivered to the
addressee, and the date of registration, certification or
certificate shall be deemed the postmarked date.
(3) If the date for filing any report, claim, tax return,
statement, remittance, or other document falls upon a
Saturday, Sunday or legal holiday, the filing shall be
considered timely if performed on the next business day.
[1967 c 222 § 1.]
Chapter 1.16
GENERAL DEFINITIONS
Sections
1.16.020
1.16.030
1.16.040
1.16.050
1.16.060
1.16.065
"Fiscal biennium."
"Fiscal year"—School districts and other taxing districts.
"Folio."
"Legal holidays and legislatively recognized days."
"Month" or "months."
"Officer."
[Title 1 RCW—page 7]
Chapter 1.16
1.16.080
Title 1 RCW: General Provisions
"Person"—Construction of "association," "unincorporated
association," and "person, firm, or corporation" to include a limited liability company.
1.16.020 "Fiscal biennium." The fiscal biennium of
the state shall commence on the first day of July in each
odd-numbered year and end on the thirtieth day of June of
the next succeeding odd-numbered year. The fiscal biennium of those cities and towns which utilize a biennial budget
shall commence on the first day of January in each oddnumbered year and end on the thirty-first day of December
of the next succeeding even-numbered year. [1985 c 175 §
2; 1953 c 184 § 2; 1923 c 86 § 1; RRS § 10927.]
Biennial reports: RCW 43.01.035.
Municipal biennial budgets: Chapters 35.34 and 35A.34 RCW.
1.16.030 "Fiscal year"—School districts and other
taxing districts. August 31st shall end the fiscal year of
school districts and December 31st of all other taxing
districts. [1975-’76 2nd ex.s. c 118 § 21; 1909 c 76 § 13;
RRS § 9963.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
1.16.040 "Folio." The term "folio" when used as a
measure for computing fees or compensation, shall be
construed to mean one hundred words, counting every two
figures necessarily used as a word. Any portion of a folio,
when in the whole draft or paper there should not be a
complete folio, and when there shall be an excess over the
last folio exceeding a quarter, it shall be computed as a folio.
The filing of a paper shall be construed to include the
certificate of the same. [Code 1881 § 2093; 1869 p 373 §
15; RRS § 500.]
1.16.050 "Legal holidays and legislatively recognized days." The following are legal holidays: Sunday; the
first day of January, commonly called New Year’s Day; the
third Monday of January, being celebrated as the anniversary
of the birth of Martin Luther King, Jr.; the third Monday of
February to be known as Presidents’ Day and to be celebrated as the anniversary of the births of Abraham Lincoln and
George Washington; the last Monday of May, commonly
known as Memorial Day; the fourth day of July, being the
anniversary of the Declaration of Independence; the first
Monday in September, to be known as Labor Day; the
eleventh day of November, to be known as Veterans’ Day;
the fourth Thursday in November, to be known as Thanksgiving Day; the day immediately following Thanksgiving
Day; and the twenty-fifth day of December, commonly
called Christmas Day.
Employees of the state and its political subdivisions,
except employees of school districts and except those
nonclassified employees of institutions of higher education
who hold appointments or are employed under contracts to
perform services for periods of less than twelve consecutive
months, shall be entitled to one paid holiday per calendar
year in addition to those specified in this section. Each
employee of the state or its political subdivisions may select
the day on which the employee desires to take the additional
holiday provided for herein after consultation with the
[Title 1 RCW—page 8]
employer pursuant to guidelines to be promulgated by rule
of the appropriate personnel authority, or in the case of local
government by ordinance or resolution of the legislative
authority.
If any of the above specified state legal holidays are
also federal legal holidays but observed on different dates,
only the state legal holidays shall be recognized as a paid
legal holiday for employees of the state and its political
subdivisions except that for port districts and the law
enforcement and public transit employees of municipal
corporations, either the federal or the state legal holiday, but
in no case both, may be recognized as a paid legal holiday
for employees.
Whenever any legal holiday, other than Sunday, falls
upon a Sunday, the following Monday shall be the legal
holiday.
Whenever any legal holiday falls upon a Saturday, the
preceding Friday shall be the legal holiday.
Nothing in this section shall be construed to have the
effect of adding or deleting the number of paid holidays
provided for in an agreement between employees and
employers of political subdivisions of the state or as established by ordinance or resolution of the local government
legislative authority.
The legislature declares that the twelfth day of October
shall be recognized as Columbus Day but shall not be
considered a legal holiday for any purposes.
The legislature declares that the ninth day of April shall
be recognized as former prisoner of war recognition day but
shall not be considered a legal holiday for any purposes.
The legislature declares that the twenty-sixth day of
January shall be recognized as Washington army and air
national guard day but shall not be considered a legal
holiday for any purposes.
The legislature declares that the seventh day of August
shall be recognized as purple heart recipient recognition day
but shall not be considered a legal holiday for any purposes.
The legislature declares that the second Sunday in
October be recognized as Washington state children’s day
but shall not be considered a legal holiday for any purposes.
The legislature declares that the sixteenth day of April
shall be recognized as Mother Joseph day and the fourth day
of September as Marcus Whitman day, but neither shall be
considered legal holidays for any purpose.
The legislature declares that the seventh day of December be recognized as Pearl Harbor remembrance day but
shall not be considered a legal holiday for any purpose.
[2000 c 60 § 1; 1999 c 26 § 1; 1993 c 129 § 2; 1991 sp.s.
c 20 § 1; 1991 c 57 § 2; 1989 c 128 § 1; 1985 c 189 § 1;
1979 c 77 § 1; 1977 ex.s. c 111 § 1; 1975-’76 2nd ex.s. c 24
§ 1; 1975 1st ex.s. c 194 § 1; 1973 2nd ex.s. c 1 § 1; 1969
c 11 § 1; 1955 c 20 § 1; 1927 c 51 § 1; RRS § 61. Prior:
1895 c 3 § 1; 1891 c 41 § 1; 1888 p 107 § 1.]
Finding—1993 c 129: "The legislature finds that Washington’s
children are one of our most valuable assets, representing hope for the
future. Children today are at risk for many things, including drug and
alcohol abuse, child abuse, suicide, peer pressure, and the economic and
educational challenges of a changing world. It is increasingly important for
families, schools, health professionals, caregivers, and workers at state
agencies charged with the protection and help of children to listen to them,
to support and encourage them, and to help them build their dreams for the
future.
(2002 Ed.)
General Definitions
To increase recognition of children’s issues, a national children’s day
is celebrated in October, with ceremonies and activities devoted to children.
Washington state focuses special attention on its children by establishing a
Washington state children’s day." [1993 c 129 § 1.]
Finding—Declaration—1991 c 57: "The legislature finds that the
Washington army and air national guard comprise almost nine thousand
dedicated men and women who serve the state and nation on a voluntary
basis. The legislature also finds that the state of Washington benefits from
that dedication by immediate access to well-prepared resources in time of
natural disasters and public emergency. The national guard has consistently
and frequently responded to state and local emergencies with people and
equipment to provide enforcement assistance, medical services, and overall
support to emergency management services.
The legislature further declares that an annual day of commemoration
should be observed in honor of the achievements, sacrifices, and dedication
of the men and women of the Washington army and air national guard."
[1991 c 57 § 1.]
Court business on legal holidays: RCW 2.28.100, 2.28.110.
School holidays: RCW 28A.150.050.
1.16.060 "Month" or "months." The word "month"
or "months," whenever the same occurs in the statutes of this
state now in force, or in statutes hereinafter enacted, or in
any contract made in this state, shall be taken and construed
to mean "calendar months." [1891 c 23 § 1, part; Code
1881 § 759; 1877 p 333 § 1; RRS § 149.]
Reviser’s note: This section is a part of 1891 c 23 § 1. The
introductory phrase of that section provides: "The following provisions
relative to the construction of statutes shall be rules of construction and
shall constitute a part of the code of procedure of this state:".
1.16.065 "Officer." Whenever any term indicating an
officer is used it shall be construed, when required, to mean
any person authorized by law to discharge the duties of such
officer. [Code 1881 § 755; 1854 p 221 § 501; RRS § 147.]
Reviser’s note: This section was formerly a part of RCW 42.04.010.
It first appeared in "An Act to regulate the practice and proceedings in civil
actions" (1854 p 221 § 501), as part of chapter LIV, "Construction". It also
appeared as Code of 1881 § 755 in chapter LXVII, "Of Construction", as
part of the code of civil procedure.
Criminal code, officer defined: RCW 9A.04.110.
1.16.080 "Person"—Construction of "association,"
"unincorporated association," and "person, firm, or
corporation" to include a limited liability company. (1)
The term "person" may be construed to include the United
States, this state, or any state or territory, or any public or
private corporation or limited liability company, as well as
an individual.
(2) Unless the context clearly indicates otherwise, the
terms "association," "unincorporated association," and
"person, firm, or corporation" or substantially identical terms
shall, without limiting the application of any term to any
other type of legal entity, be construed to include a limited
liability company. [1996 c 231 § 1; 1891 c 23 § 1, part;
Code 1881 § 964; 1857 p 46 § 1; 1854 p 99 § 134; RRS §
146.]
Reviser’s note: This section is a part of 1891 c 23 § 1. The
introductory phrase of that section provides: "The following provisions
relative to the construction of statutes shall be rules of construction and
shall constitute a part of the code of procedure of this state:".
Criminal proceedings, person defined: RCW 9A.04.110.
Declaratory judgments, person defined: RCW 7.24.130.
Eminent domain by cities, person defined: RCW 8.12.020.
Notice to alien property custodian, person defined: RCW 4.28.340.
(2002 Ed.)
1.16.050
Wrongful death, person defined: RCW 4.20.005.
Chapter 1.20
GENERAL PROVISIONS
Sections
1.20.010
State flag.
1.20.015
Display of national and state flags.
1.20.017
Display of national league of families’ POW/MIA flag.
1.20.020
State tree.
1.20.025
State grass.
1.20.030
State flower.
1.20.035
State fruit.
1.20.040
State bird.
1.20.042
State fossil.
1.20.045
State fish.
1.20.047
State insect.
1.20.050
Standard time—Daylight saving time.
1.20.051
Daylight saving time.
1.20.060
Arbor day.
1.20.070
State song.
1.20.071
State song—Proceeds from sale.
1.20.073
State folk song.
1.20.075
State dance.
1.20.080
State seal.
1.20.090
State gem.
1.20.100
Diverse cultures and languages encouraged—State policy.
1.20.110
State tartan.
1.20.120
State arboretum.
1.20.130
Preferred terminology in government documents.
Design of state seal: State Constitution Art. 18 § 1.
State boundaries: State Constitution Art. 24 § 1 (Amendment 33).
1.20.010 State flag. The official flag of the state of
Washington shall be of dark green silk or bunting and shall
bear in its center a reproduction of the seal of the state of
Washington embroidered, printed, painted or stamped
thereon. The edges of the flag may, or may not, be fringed.
If a fringe is used the same shall be of gold or yellow color
of the same shade as the seal. The dimensions of the flag
may vary.
The secretary of state is authorized to provide the state
flag to units of the armed forces, without charge therefor, as
in his discretion he deems entitled thereto. The secretary of
state is further authorized to sell the state flag to any citizen
at a price to be determined by the secretary of state. [1967
ex.s. c 65 § 2; 1925 ex.s. c 85 § 1; 1923 c 174 § 1; RRS §
10964-1, RRS vol. 11, p. 399.]
Reviser’s note: Same RRS number was also used for a section
dealing with a different subject on page 110 of RRS vol. 11, pocket part.
1.20.015 Display of national and state flags. The
flag of the United States and the flag of the state shall be
prominently installed, displayed and maintained in schools,
court rooms and state buildings. [1955 c 88 § 1.]
Crimes relating to flags: Chapter 9.86 RCW.
Flag exercises in schools: RCW 28A.230.140.
1.20.017 Display of national league of families’
POW/MIA flag. (1) Each public entity shall display the
national league of families’ POW/MIA flag along with the
flag of the United States and the flag of the state upon or
near the principal building of the public entity on the
following days: (a) Armed Forces Day on the third Saturday
in May; (b) Memorial Day on the last Monday in May; (c)
[Title 1 RCW—page 9]
1.20.017
Title 1 RCW: General Provisions
Flag Day on June 14; (d) Independence Day on July 4; (e)
National POW/MIA Recognition Day; and (f) Veterans’ Day
on November 11. If the designated day falls on a Saturday
or Sunday, then the POW/MIA flag will be displayed on the
preceding Friday.
(2) The governor’s veterans affairs advisory committee
shall provide information to public entities regarding the
purchase and display of the POW/MIA flag upon request.
(3) As used in this section, "public entity" means every
state agency, including each institution of higher education,
and every county, city, and town. [2002 c 293 § 1.]
1.20.050 Standard time—Daylight saving time. No
county, city or other political subdivision of this state shall
adopt any provision for the observance of daylight saving
time, or any time other than standard, except pursuant to a
gubernatorial proclamation declaring an emergency during a
period of national war and authorizing such adoption, or
unless other than standard time is established on a national
basis: PROVIDED, That this section shall not apply to
orders made by federal authorities in a local area entirely
under federal control. [1953 c 2 § 1 (Initiative Measure No.
181, approved November 4, 1952).]
1.20.020 State tree. That certain evergreen tree
known and described as the western hemlock (Tsuga
heterophylla) is hereby designated as the official tree of the
state of Washington. [1947 c 191 § 1; Rem. Supp. 1947 §
10964-120.]
1.20.051 Daylight saving time. At two o’clock
antemeridian Pacific Standard Time of the *last Sunday in
April each year the time of the state of Washington shall be
advanced one hour, and at two o’clock antemeridian Pacific
Standard Time of the last Sunday in October in each year
the time of the state of Washington shall, by the retarding of
one hour, be returned to Pacific Standard Time. [1963 c 14
§ 1; 1961 c 3 § 1 (Initiative Measure No. 210, approved
November 8, 1960).]
1.20.025 State grass. Agropyron spicatum, the
species of natural grass commonly called "bluebunch
wheatgrass," is hereby designated as the official grass of the
state of Washington. [1989 c 354 § 62.]
Severability—1989 c 354: See note following RCW 15.36.012.
1.20.030 State flower. The native species, Rhododendron macrophyllum, is hereby designated as the official
flower of the state of Washington. [1959 c 29 § 1; 1949 c
18 § 1; Rem. Supp. 1949 § 10964-200.]
1.20.035 State fruit. The official fruit of the state of
Washington is the apple. [1989 c 354 § 63.]
Severability—1989 c 354: See note following RCW 15.36.012.
1.20.040 State bird. The willow goldfinch is hereby
designated as the official bird of the state of Washington.
[1951 c 249 § 1.]
1.20.042 State fossil. The Columbian mammoth of
North America, Mammuthus columbi, is hereby designated
as the official fossil of the state of Washington. [1998 c 129
§ 2.]
Legislative recognition—1998 c 129: "The legislature recognizes that
the large, hairy prehistoric elephants of the extinct genus Mammuthus
roamed the North American continent, including the Pacific Northwest,
during the Pleistocene epoch (ice ages)." [1998 c 129 § 1.]
1.20.045 State fish. The species of trout commonly
called "steelhead trout" (Salmo gairdnerii) is hereby designated as the official fish of the state of Washington. [1969
c 36 § 1.]
1.20.047 State insect. The common green darner
dragonfly, Anax junius drury, is hereby designated as the
official insect of the state of Washington. [1997 c 6 § 2.]
Finding—1997 c 6: "The legislature finds that the common green
darner dragonfly, Anax junius drury, can be found throughout Washington
and is easily recognizable by its bright green head and thorax. The
legislature further recognizes that the common green darner dragonfly, also
known as the "mosquito hawk," is a beneficial contributor to our ecosystem." [1997 c 6 § 1.]
[Title 1 RCW—page 10]
*Reviser’s note: Federal law sets the day to advance time at the first
Sunday in April (100 Stat. 764; 15 U.S.C. Sec. 260a).
1.20.060 Arbor day. The second Wednesday in April
of each year is designated as Arbor day. [1957 c 220 § 1.]
1.20.070 State song. The song, music and lyrics,
"Washington My Home", composed by Helen Davis, is
hereby designated as the official song of the state of Washington. [1959 c 281 § 1.]
1.20.071 State song—Proceeds from sale. All
proceeds from the sale of the official song of the state as
designated in RCW 1.20.070 shall be placed in the general
fund. [1973 1st ex.s. c 59 § 1; 1959 c 281 § 2.]
Effective date—1973 1st ex.s. c 59: See note following RCW
43.79.420.
1.20.073 State folk song. The legislature recognizes
that winter recreational activities are part of the folk tradition
of the state of Washington. Winter recreational activities
serve to turn the darkness of a northwest winter into the
dawn of renewed vitality. As the winter snows dissolve into
the torrents of spring, the Columbia river is nourished. The
Columbia river is the pride of the northwest and the unifying
geographic element of the state. In order to celebrate the
river which ties the winter recreation playground of snowcapped mountains and the Yakima, Snake, and the Klickitat
rivers to the ocean so blue, the legislature declares that the
official state folk song is "Roll On Columbia, Roll On,"
composed by Woody Guthrie. [1987 c 526 § 4.]
1.20.075 State dance. The square dance is designated
as the official dance of the state of Washington. [1979 ex.s.
c 10 § 1.]
1.20.080 State seal. The seal of the state of Washington shall be, a seal encircled with the words: "The Seal of
the State of Washington," with the vignette of General
(2002 Ed.)
General Provisions
George Washington as the central figure, and beneath the
vignette the figures "1889" and shall be composed as appears
in the illustration below:
1.20.080
called a sett, that is made up of a green background with
stripes of blue, white, yellow, red, and black. The secretary
of state shall register the tartan with the Scottish Tartan
Society, Comrie, Perthshire, Scotland. [1991 c 62 § 1.]
1.20.120 State arboretum. The Washington park
arboretum is hereby designated as an official arboretum of
the state of Washington. [1995 c 82 § 2.]
(RCW 1.20.080 - Illustration: State Seal)
[1967 ex.s. c 65 § 1.]
1.20.090 State gem. Petrified wood is hereby
designated as the official gem of the state of Washington.
[1975 c 8 § 1.]
1.20.100 Diverse cultures and languages encouraged—State policy. The legislature finds that:
(1) Diverse ethnic and linguistic communities have
contributed to the social and economic prosperity of Washington state;
(2) It is the welcomed responsibility and opportunity of
this state to respect and facilitate the efforts of all cultural,
ethnic, and linguistic segments of the population to become
full participants in Washington communities;
(3) This state’s economic well-being depends heavily on
foreign trade and international exchange and more than one
out of six jobs is directly linked to foreign trade and international exchange;
(4) If Washington is to prosper in foreign trade and
international exchange, it must have citizens that are multilingual and multicultural;
(5) While recognizing the value of a multilingual
background, the state also encourages all citizens to become
proficient in English to facilitate full participation of all
groups into society and to promote cross-communication
between multilingual groups; and
(6) The multilingual nature of communication that
currently exists in this state should be promoted to build
trust and understanding among all of its citizens.
Therefore, it shall be the policy of the state of Washington to welcome and encourage the presence of diverse
cultures and the use of diverse languages in business,
government, and private affairs in this state. [1989 c 236 §
1.]
Construction—1989 c 236: "Nothing in section 1 of this act creates
any right or cause of action or adds to any existing right or cause of action
nor may it be relied upon to compel the establishment of any program or
special entitlement." [1989 c 236 § 2.]
1.20.110 State tartan. The Washington state tartan is
hereby designated. The tartan shall have a pattern of colors,
(2002 Ed.)
Findings—1995 c 82: "The legislature finds that the arboreta in this
state act as living museums devoted to the display and conservation of
woody plant species from around the world that can grow in the Pacific
Northwest. Arboreta enhance public appreciation for the aesthetic diversity
of temperate woody plants; conserve both natural and cultivated woody
plant taxa to preserve their diversity for future appreciation; educate the
public and students concerning urban landscape use and the natural biology
of temperate woody plants; and cooperate with similar institutions in this
region and around the world in achieving these common goals. The
legislature further finds that arboreta are of increasing importance as world
biodiversity declines.
The Washington park arboretum is a two hundred acre living museum
that is managed cooperatively by the city of Seattle and the University of
Washington. It is devoted to the display and conservation of collections of
plants from around the world which can grow in the Pacific Northwest.
These plants are used for education, research, conservation, and a sense of
public pleasure. The Washington park arboretum, the oldest center for
botanical and gardening learning in the Pacific Northwest, is recognized as
one of the two foremost collections of woody plants in the United States of
America and enjoys an excellent international reputation. The legislature
finds that it is fitting and appropriate to recognize the importance of the
overall mission of the Washington park arboretum." [1995 c 82 § 1.]
1.20.130 Preferred terminology in government
documents. (1) All state and local government statutes,
codes, rules, regulations, and other official documents
enacted after July 1, 2002, are required to use the term
"Asian" when referring to persons of Asian descent. The
use of the term "Oriental" is prohibited.
(2) The legislature urges all state and local entities to
review their statutes, codes, rules, regulations, and other
official documents and revise them to omit the use of the
term "Oriental" when referring to persons of Asian descent.
[2002 c 307 § 2.]
Finding—2002 c 307: "The legislature finds that the use of the term
"Oriental" when used to refer to persons of Asian descent is outdated and
pejorative. There is a need to make clear that the term "Asian" is preferred
terminology, and that this more modern and nonpejorative term must be
used to replace outdated terminology." [2002 c 307 § 1.]
Effective date—2002 c 307: "This act takes effect July 1, 2002."
[2002 c 307 § 4.]
Chapter 1.40
STATE MEDAL OF MERIT
Sections
1.40.010
1.40.020
1.40.030
1.40.040
1.40.050
1.40.060
State medal of merit established.
Nominating committee created—Composition—Meeting—
Rules.
Delegation of authority to make award.
Posthumous award.
Certain persons prohibited from receiving award.
Appearance of medal—Inscription.
1.40.010 State medal of merit established. There is
established a decoration of the state medal of merit with
accompanying ribbons and appurtenances for award by the
governor, in the name of the state, to any person who has
[Title 1 RCW—page 11]
1.40.010
Title 1 RCW: General Provisions
been distinguished by exceptionally meritorious conduct in
performing outstanding services to the people and state of
Washington, upon the nomination of the governor’s state
medal of merit committee. [1986 c 92 § 1.]
1.40.020 Nominating committee created—
Composition—Meeting—Rules. There is created the state
medal of merit committee for nominating candidates for the
award of the state medal of merit. The committee membership consists of the governor, president of the senate, speaker
of the house of representatives, and the chief justice of the
supreme court, or their designees. The secretary of state
shall serve as a nonvoting ex officio member, and shall serve
as secretary to the committee. The committee shall meet
annually to consider candidates for nomination. The
committee shall adopt rules establishing the qualifications for
the state medal of merit, the protocol governing the decoration, and the appurtenances necessary to the implementation
of this chapter. [1986 c 92 § 2.]
1.40.030 Delegation of authority to make award.
The governor may delegate the awarding of the state medal
of merit to the president of the senate, speaker of the house
of representatives, or the chief justice of the supreme court.
[1986 c 92 § 3.]
1.40.040 Posthumous award. The state medal of
merit may be awarded posthumously to be presented to such
representative of the deceased as may be deemed appropriate
by the governor or the designees specified in RCW 1.40.030.
[1986 c 92 § 4.]
1.40.050 Certain persons prohibited from receiving
award. The state medal of merit shall not be awarded to
any elected official while in office or to any candidate for an
elected office. [1986 c 92 § 5.]
1.40.060 Appearance of medal—Inscription. The
decoration of the state medal of merit shall be of bronze and
shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a ring
attached by a dark green ribbon. The reverse of the decoration within the raised laurel wreath shall be inscribed with
the words: "For exceptionally meritorious conduct in
performing outstanding services to the people and state of
Washington." [1986 c 92 § 6.]
Chapter 1.50
WASHINGTON GIFT OF LIFE AWARD
(Formerly: Washington gift of life medal)
Sections
1.50.005
1.50.010
1.50.030
1.50.040
Findings—Intent.
Definitions.
Washington gift of life award—Presentation.
Appearance of award—Inscription.
1.50.005 Findings—Intent. The legislature finds that
persons who donate organs help save the lives and promote
the well-being of others in a manner that demonstrates the
[Title 1 RCW—page 12]
noblest side of human nature. Many families and friends of
both the donors and the donees may want to remember the
special act of donation in a way that honors the memory of
the donor and encourages donation by others in the future.
To recognize the special kindness of those who donate
their organs, the legislature establishes the Washington gift
of life award. [1999 c 264 § 1; 1998 c 59 § 1.]
1.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Organ donor" means an individual who makes an
anatomical gift as specified in RCW 68.50.530(1).
(2) "Organ procurement organization" means any
accredited or certified organ or eye bank.
(3) "Person" means a person specified in RCW
68.50.550. [1998 c 59 § 2.]
1.50.030 Washington gift of life award—
Presentation. The governor’s office shall present the
Washington gift of life award to six eligible families or
persons per year under the following:
(1) The organ procurement organization may nominate
the six individuals or persons eligible under this section to
represent all those who have donated organs and may submit
documentation supporting the eligibility of the individual or
person to the governor’s office. If more than one organ
procurement organization is involved, they shall coordinate
in harmony to designate by consensus the organ procurement
organization among them to have primary administrative
responsibility under this chapter.
(2) The governor’s office shall present the awards on an
annual basis in coordination with the organ procurement
organization. Only one award may be presented to the
family of an organ donor. [1999 c 264 § 2; 1998 c 59 § 4.]
1.50.040 Appearance of award—Inscription. The
Washington gift of life award shall consist of the seal of the
state of Washington and be inscribed with the words: "For
the greatest act of kindness in donating organs to enhance
the lives of others." [1999 c 264 § 3; 1998 c 59 § 5.]
Chapter 1.60
MEDAL OF VALOR
Sections
1.60.010
1.60.020
1.60.030
1.60.040
1.60.050
1.60.060
Medal of valor.
Medal of valor committee.
Award presentation.
Posthumous award.
Hazardous professions excluded.
Appearance of medal and certificate.
1.60.010 Medal of valor. There is established a
decoration of the state medal of valor with accompanying
certificate, ribbons, and appurtenances for award by the
governor, in the name of the state, to any person who has
saved, or attempted to save, the life of another at the risk of
serious injury or death to himself or herself, upon the
selection of the governor’s state medal of valor committee.
[2000 c 224 § 1.]
(2002 Ed.)
Medal of Valor
1.60.020
1.60.020 Medal of valor committee. There is created
the state medal of valor committee for selecting honorees for
the award of the state medal of valor. The committee
membership consists of the governor, president of the senate,
speaker of the house of representatives, and the chief justice
of the supreme court, or their designees. The secretary of
state shall serve as a nonvoting ex officio member, and shall
serve as secretary to the committee. The committee shall
meet annually to consider candidates for this award. Any
individual may nominate any resident of this state for any
act of valor covered by this section. The committee shall
adopt rules establishing the qualifications for the state medal
of valor, the protocol governing the decoration, the certificate, and appurtenances necessary to the implementation of
this chapter. [2000 c 224 § 2.]
1.60.030 Award presentation. (1) The award will be
presented by the governor of the state of Washington to the
recipient only during a joint session of both houses of the
legislature.
(2) If the governor is unable to present the award due to
the disability or illness of the governor, the governor may
delegate the presenting of the award to the president of the
senate, the speaker of the house of representatives, or the
chief justice of the supreme court. [2000 c 224 § 3.]
1.60.040 Posthumous award. The state medal of
valor may be awarded posthumously to be presented to such
representative of the deceased as may be deemed appropriate
by the committee. [2000 c 224 § 4.]
1.60.050 Hazardous professions excluded. The state
medal of valor will not be awarded to any individual who is
acting as a result of service given by any branch of law
enforcement, fire fighting, rescue, or other hazardous profession where the individual is employed by a government
entity within the state of Washington. [2000 c 224 § 5.]
1.60.060 Appearance of medal and certificate. (1)
The decoration of the state medal of valor shall be of .999
pure silver and shall consist of the seal of the state of
Washington, surrounded by a raised laurel wreath and
suspended from a silver bar device inscribed "For Valor"
which is suspended from a ring attached by a dark green
ribbon, bordered by silver. The reverse of the decoration
within the raised laurel wreath shall be inscribed with the
recipient’s name and the words: "For exceptionally valorous
service, given in the act of saving the life of another."
(2) The certificate accompanying the medal will
prominently display: (a) The title, "Washington State Medal
of Valor"; (b) the recipient’s name; and (c) the phrase, "For
exceptionally valorous service, given in the act of saving the
life of another." A seven-line citation will also be included
on the certificate. [2000 c 224 § 6.]
(2002 Ed.)
[Title 1 RCW—page 13]
Title 2
COURTS OF RECORD
Chapters
2.04
2.06
2.08
2.10
2.12
2.14
2.16
2.20
2.24
2.28
2.32
2.36
2.40
2.42
2.43
2.44
2.48
2.50
2.56
2.60
2.64
2.68
2.70
Supreme court.
Court of appeals.
Superior courts.
Judicial retirement system.
Retirement of judges—Retirement system.
Retirement of judges—Supplemental retirement.
Association of superior court judges.
Magistrates.
Court commissioners and referees.
Powers of courts and general provisions.
Court clerks, reporters, and bailiffs.
Juries.
Witnesses.
Interpreters in legal proceedings.
Interpreters for non-English-speaking persons.
Attorneys at law.
State bar act.
Legal aid.
Administrator for the courts.
Federal court local law certificate procedure
act.
Commission on judicial conduct.
Judicial information system.
Office of public defense.
Family court: Chapter 26.12 RCW.
Judiciary and judicial power: State Constitution Art. 4.
Professional service corporations, application to attorneys: Chapter 18.100
RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Records, receipts and exhibits of superior court, destruction, reproduction:
RCW 36.23.065, 36.23.067, 36.23.070.
Chapter 2.04
SUPREME COURT
Sections
2.04.010
2.04.020
2.04.030
2.04.031
2.04.040
2.04.050
2.04.070
2.04.071
2.04.080
2.04.092
2.04.100
2.04.110
2.04.150
2.04.180
2.04.190
2.04.200
(2002 Ed.)
Jurisdiction.
Court of record—General powers.
Supreme court and court of appeals—When open.
Court facilities.
Effect of adjournments.
Style of process.
Number of judges.
Election—Term of office.
Oath of office.
Salary of justices.
Vacancy, how filled.
Justices, judges to wear gowns.
Apportionment of business—En banc hearings.
Rules of practice and forms of process in supreme court.
Rules of pleading, practice, and procedure generally.
Effect of rules upon statutes.
2.04.210
2.04.215
2.04.220
2.04.230
2.04.240
Supplementary superior court rules.
Adoption of rules for settlement conferences in civil cases.
Effect of supreme court judgments.
Report to governor.
Judge pro tempore—Declaration of policy—Appointment—
Oath of office.
2.04.250
Judge pro tempore—Remuneration.
Commissioner of the supreme court: Rules of court: SAR 15.
Judiciary and judicial power: State Constitution Art. 4.
Publication of opinions: Chapter 2.32 RCW.
2.04.010 Jurisdiction. The supreme court shall have
original jurisdiction in habeas corpus and quo warranto and
mandamus as to all state officers, and appellate jurisdiction
in all actions and proceedings excepting that its appellate
jurisdiction shall not extend to civil actions at law for the
recovery of money or personal property when the original
amount in controversy or the value of the property does not
exceed the sum of two hundred dollars, unless the action
involves the legality of a tax, impost, assessment, toll,
municipal fine, or the validity of a statute. The supreme
court shall also have power to issue writs of mandamus,
review, prohibition, habeas corpus, certiorari, and all other
writs necessary and proper to the complete exercise of its
appellate and revisory jurisdiction. Each of the judges shall
have power to issue writs of habeas corpus to any part of the
state, upon petition by or on behalf of any person held in
actual custody, and may make such writs returnable before
himself or before the supreme court, or before any superior
court of the state, or any judge thereof. [1890 p 322 § 6;
RRS § 1.]
Rules of court: Cf. RAP 4.2, 4.3, 18.22; Titles 2 and 16 RAP.
Jurisdiction of supreme court: State Constitution Art. 4 § 4.
2.04.020 Court of record—General powers. The
supreme court shall be a court of record, and shall be vested
with all power and authority necessary to carry into complete
execution all its judgments, decrees and determinations in all
matters within its jurisdiction, according to the rules and
principles of the common law, and the Constitution and laws
of this state. [1890 p 323 § 10; RRS § 2.]
Courts of record: State Constitution Art. 4 § 11.
Judicial power, where vested: State Constitution Art. 4 § 1.
2.04.030 Supreme court and court of appeals—
When open. The supreme court and the court of appeals
shall always be open for the transaction of business except
on Saturdays, Sundays, and legal holidays designated by the
legislature. [1971 ex.s. c 107 § 1; 1909 p 36 § 7; RRS § 4.
Prior: 1890 p 322 § 4, part.]
Rules of court: SAR-Rule 4.
Legal holidays: RCW 1.16.050.
[Title 2 RCW—page 1]
2.04.031
Title 2 RCW: Courts of Record
2.04.031 Court facilities. If proper rooms in which
to hold the court, and for the accommodation of the officers
thereof, are not provided by the state, together with attendants, furniture, fuel, lights, record books and stationery,
suitable and sufficient for the transaction of business, the
court, or any three justices thereof, may direct the clerk of
the supreme court to provide the same; and the expense
thereof, certified by any three justices to be correct, shall be
paid out of the state treasury out of any funds therein not
otherwise appropriated. Such moneys shall be subject to the
order of the clerk of the supreme court, and be by him
disbursed on proper vouchers, and accounted for by him in
annual settlements with the governor. [1973 c 106 § 1; 1955
c 38 § 1; 1890 p 322 § 4; RRS § 3.]
2.04.040 Effect of adjournments. Adjournments
from day to day, or from time to time, are to be construed
as recesses in the sessions, and shall not prevent the court
from sitting at any time. [1890 p 323 § 7; RRS § 5.]
Rules of court: SAR-Rule 5.
2.04.050 Style of process. Its process shall run in the
name of the "State of Washington," bear test in the name of
the chief justice, be signed by the clerk of the court, dated
when issued, sealed with the seal of the court, and made
returnable according to law, or such rule or orders as may be
prescribed by the court. [1890 p 323 § 11; RRS § 6.]
Rules of court: SAR-Rule 2.
2.04.070 Number of judges. The supreme court,
from and after February 26, 1909, shall consist of nine
judges. [1909 c 24 § 1; RRS § 11036. FORMER PARTS
OF SECTION: 1911 c 119 § 1; 1909 c 24 § 2; RRS §
11039; now codified in RCW 2.04.071. Prior: (i) 1905 c 5
§ 1; 1890 p 321 § 1; RRS § 11035. (ii) 1893 c 5 § 1; RRS
11037. (iii) 1905 c 5 § 3; RRS § 11038.]
2.04.071 Election—Term of office. At the next
general election, and at each biennial general election
thereafter, there shall be elected three justices of the supreme
court, to hold for the full term of six years, and until their
successors are elected and qualified, commencing with the
second Monday in January succeeding their election. [1971
c 81 § 1; 1911 c 119 § 1; 1909 c 24 § 2; RRS § 11039.
Formerly RCW 2.04.070, part.]
Election and terms, supreme court judges: State Constitution Art. 4 § 3.
Eligibility of judges: State Constitution Art. 4 § 17.
Forfeiture of office for absence: State Constitution Art. 4 § 8.
Impeachment: State Constitution Art. 5.
Judge may not practice law: State Constitution Art. 4 § 19.
Judges ineligible to other office: State Constitution Art. 4 § 15.
2.04.080 Oath of office. The several justices of the
supreme court, before entering upon the duties of their
office, shall take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm, as the case
may be), that I will support the Constitution of the United
States and the Constitution of the State of Washington, and
that I will faithfully and impartially discharge the duties of
the office of judge of the supreme court of the State of
[Title 2 RCW—page 2]
Washington to the best of my ability." Which oath or
affirmation may be administered by any person authorized to
administer oaths, a certificate whereof shall be affixed
thereto by the person administering the oath. And the oath
or affirmation so certified shall be filed in the office of the
secretary of state. [1971 c 81 § 2; 1890 p 324 § 14; RRS §
11043.]
Oath of judges: State Constitution Art. 4 § 28.
2.04.092 Salary of justices. The annual salary of
justices of the supreme court shall be established by the
Washington citizens’ commission on salaries for elected
officials. No salary warrant may be issued to a justice of the
supreme court until the justice files with the state treasurer
an affidavit that no matter referred to the justice for opinion
or decision has been uncompleted or undecided for more
than six months. [1986 c 155 § 4; 1984 c 258 § 401.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Salaries of judicial officers: State Constitution Art. 4 §§ 13, 14; Art. 28 §
1; Art. 30 § 1.
Washington citizens’ commission on salaries for elected officials: RCW
43.03.305.
2.04.100 Vacancy, how filled. If a vacancy occurs in
the office of a justice of the supreme court, the governor
shall appoint a person to hold the office until the election
and qualification of a justice to fill the vacancy, which
election shall take place at the next succeeding general election, and the justice so elected shall hold the office for the
remainder of the unexpired term. [1971 c 81 § 3; 1955 c 38
§ 2. Prior: 1937 c 15 § 1; 1893 c 5 § 2; 1890 p 321 § 3;
RRS § 11044.]
2.04.110 Justices, judges to wear gowns. Each of
the justices of the supreme court, judges of the court of
appeals, and the judges of the superior courts shall in open
court during the presentation of causes, before them, appear
in and wear gowns, made of black silk, of the usual style of
judicial gowns. [1971 c 81 § 4; 1909 c 206 § 1; RRS §
11054. Formerly RCW 2.04.110, 2.08.130.]
2.04.150 Apportionment of business—En banc
hearings. The chief justice shall from time to time apportion the business to the departments, and may, in his discretion, before a decision is pronounced, order any cause
pending before the court to be heard and determined by the
court en banc. When a cause has been allotted to one of the
departments and a decision pronounced therein, the chief
justice, together with any two associate judges, may order
such cause to be heard and decided by the court en banc.
Any four judges may, either before or after decision by a
department, order a cause to be heard en banc. [1909 c 24
§ 4, part; RRS § 9.]
Rules of court: SAR 4.
2.04.180 Rules of practice and forms of process in
supreme court. The supreme court may from time to time
institute such rules of practice and prescribe such forms of
(2002 Ed.)
Supreme Court
process to be used in such court and in the court en banc
and each of its departments, and for the keeping of the
dockets, records and proceedings, and for the regulation of
such court, including the court en banc and in departments,
as may be deemed most conducive to the due administration
of justice. [1909 c 24 § 8; 1890 p 323 § 12; RRS § 13.]
Rules of court: Cf. Title 1 RAP and RAP 18.10.
2.04.190 Rules of pleading, practice, and procedure
generally. The supreme court shall have the power to
prescribe, from time to time, the forms of writs and all other
process, the mode and manner of framing and filing proceedings and pleadings; of giving notice and serving writs and
process of all kinds; of taking and obtaining evidence; of
drawing up, entering and enrolling orders and judgments;
and generally to regulate and prescribe by rule the forms for
and the kind and character of the entire pleading, practice
and procedure to be used in all suits, actions, appeals and
proceedings of whatever nature by the supreme court,
superior courts, and district courts of the state. In prescribing such rules the supreme court shall have regard to the
simplification of the system of pleading, practice and
procedure in said courts to promote the speedy determination
of litigation on the merits. [1987 c 202 § 101; 1925 ex.s. c
118 § 1; RRS § 13-1.]
Rules of court: Cf. Title 1 RAP.
Intent—1987 c 202: "The legislature intends to:
(1) Make the statutes of the state consistent with rules adopted by the
supreme court governing district courts; and
(2) Delete or modify archaic, outdated, and superseded language and
nomenclature in statutes related to the district courts." [1987 c 202 § 1.]
Court of appeals—Rules of administration and procedure: RCW 2.06.030.
2.04.200 Effect of rules upon statutes. When and as
the rules of courts herein authorized shall be promulgated all
laws in conflict therewith shall be and become of no further
force or effect. [1925 ex.s. c 118 § 2; RRS § 13-2.]
Rules of court: Cf. CR 81(b), RAP 1.1(g).
2.04.210 Supplementary superior court rules. RCW
2.04.190 through 2.04.210 shall not be construed to deprive
the superior courts of power to establish rules for their
government supplementary to and not in conflict with the
rules prescribed by the supreme court. [1925 ex.s. c 118 §
3; RRS § 13-3.]
Rules of court: Cf. CR 83(a); Cf. RAP 1.1.
Rules for government of superior courts: RCW 2.08.230, 2.16.040.
2.04.215 Adoption of rules for settlement conferences in civil cases. By January 1, 1982, the supreme court
shall adopt rules for settlement conferences in civil cases in
such superior courts and the court of appeals which are
amenable to the settlement conference process. [1981 c 331
§ 5.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
Adoption of rules for discovery in civil cases in courts of limited jurisdiction: RCW 3.02.050.
2.04.220 Effect of supreme court judgments. The
judgments and decrees of the supreme court shall be final
(2002 Ed.)
2.04.180
and conclusive upon all the parties properly before the court.
[1890 p 323 § 8; RRS § 14.]
Rules of court: SAR-Rule 3.
2.04.230 Report to governor. The judges of the
supreme court shall, on or before the first day of January in
each year, report in writing to the governor such defects and
omissions in the laws as they may believe to exist. [1890 p
324 § 16; RRS § 11042.]
Annual report to governor: State Constitution Art. 4 § 25.
Court of appeals—Reporting defects or omissions in the laws: RCW
2.06.110.
2.04.240 Judge pro tempore—Declaration of
policy—Appointment—Oath of office. (1) DECLARATION OF POLICY. Whenever necessary for the prompt and
orderly administration of justice, as authorized and empowered by Article IV, section 2(a), Amendment 38, of the
state Constitution, a majority of the supreme court may
appoint any regularly elected and qualified judge of the court
of appeals or the superior court or any retired judge of a
court of record in this state to serve as judge pro tempore of
the supreme court.
(2) If the term of a justice of the supreme court expires
with cases or other judicial business pending, the chief
justice of the supreme court may appoint the justice to serve
as judge pro tempore of the supreme court, whenever
necessary for the prompt and orderly administration of
justice. No justice may be appointed under this subsection
more than one time and no appointment may exceed sixty
days.
(3) Before entering upon his or her duties as judge pro
tempore of the supreme court, the appointee shall take and
subscribe an oath of office as provided for in Article IV,
section 28 of the state Constitution. [1997 c 88 § 1; 1982 c
72 § 1; 1963 c 40 § 1.]
Rules of court: SAR 21.
2.04.250 Judge pro tempore—Remuneration. (1) A
judge of the court of appeals or of the superior court serving
as a judge pro tempore of the supreme court as provided in
RCW 2.04.240 shall receive, in addition to his or her regular
salary, reimbursement for subsistence, lodging, and travel
expenses in accordance with the rates applicable to state
officers under RCW 43.03.050 and 43.03.060.
(2) A retired judge of a court of record in this state
serving as a judge pro tempore of the supreme court as
provided in RCW 2.04.240 shall receive, in addition to any
retirement pay he or she may be receiving, the following
compensation and expenses:
(a) Reimbursement for subsistence, lodging, and travel
expenses in accordance with the rates applicable to state
officers under RCW 43.03.050 and 43.03.060.
(b) During the period of his or her service as a judge
pro tempore, an amount equal to the salary of a regularly
elected judge of the court in which he or she last served for
such period diminished by the amount of retirement pay
accrued to him or her for such period.
(3) Whenever a superior court judge is appointed to
serve as judge pro tempore of the supreme court and a
visiting judge is assigned to replace him or her, subsistence,
[Title 2 RCW—page 3]
2.04.250
Title 2 RCW: Courts of Record
lodging, and travel expenses incurred by such visiting judge
as a result of such assignment shall be paid in accordance
with the rates applicable to state officers under RCW
43.03.050 and 43.03.060, upon application of such judge
from the appropriation of the supreme court.
(4) A justice appointed as judge pro tempore of the
supreme court under RCW 2.04.240(2) shall continue to
receive compensation in accordance with the rates applicable
to the justice immediately before the expiration of the term.
(5) The provisions of RCW 2.04.240(1) and 2.04.250
(1) through (3) shall not be construed as impairing or
enlarging any right or privilege acquired in any retirement or
pension system by any judge or his or her dependents.
[1997 c 88 § 2; 1982 c 72 § 2; 1981 c 186 § 1; 1963 c 40
§ 2.]
Chapter 2.06
COURT OF APPEALS
Sections
2.06.010
2.06.020
2.06.022
Court of appeals established—Definitions.
Divisions—Locations—Judges enumerated—Districts.
Effective date for Snohomish county judicial position—
Initial term.
2.06.024
Effective date for Pierce county judicial position—Initial
term.
2.06.030
General powers and authority—Transfers of cases—
Appellate jurisdiction, exceptions—Appeals.
2.06.040
Panels—Decisions, publication as opinions, when—
Sessions—Rules.
2.06.045
When open for transaction of business.
2.06.050
Qualifications of judges.
2.06.062
Salary of judges.
2.06.070
Original appointments—Election of judges—Terms of office.
2.06.075
Appointments to positions created by 1977 ex.s. c 49 § 1—
Election—Terms of office.
2.06.076
Appointments to positions created by 1993 c 420 § 1—
Election—Appointment—Terms of office.
2.06.080
Vacancy, how filled.
2.06.085
Oath of judges.
2.06.090
Practice of law, seeking nonjudicial elective office prohibited.
2.06.100
Retirement.
2.06.110
Reporting defects or omissions in the laws.
2.06.150
Judge pro tempore—Appointment—Oath of office.
2.06.160
Judge pro tempore—Remuneration.
Commission on supreme court reports: RCW 2.32.160.
Commissioners of the court of appeals: Rules of court: CAR 16.
Court of appeals reports: RCW 2.32.160, 40.04.030, 40.04.100, and
40.04.110.
2.06.010 Court of appeals established—Definitions.
There is hereby established a court of appeals as a court of
record. For the purpose of RCW 2.06.010 through 2.06.100
the following terms shall have the following meanings:
(1) "Rules" means rules of the supreme court.
(2) "Chief justice" means chief justice of the supreme
court.
(3) "Court" means court of appeals.
(4) "Judge" means judge of the court of appeals.
(5) "Division" means a division of the court of appeals.
(6) "District" means a geographic subdivision of a
division from which judges of the court of appeals are
elected.
[Title 2 RCW—page 4]
(7) "General election" means the biennial election at
which members of the house of representatives are elected.
[1969 ex.s. c 221 § 1.]
2.06.020 Divisions—Locations—Judges enumerated—Districts. The court shall have three divisions, one of
which shall be headquartered in Seattle, one of which shall
be headquartered in Spokane, and one of which shall be
headquartered in Tacoma:
(1) The first division shall have twelve judges from
three districts, as follows:
(a) District 1 shall consist of King county and shall have
eight judges;
(b) District 2 shall consist of Snohomish county and
shall have two judges; and
(c) District 3 shall consist of Island, San Juan, Skagit
and Whatcom counties and shall have two judges.
(2) The second division shall have seven judges from
the following districts:
(a) District 1 shall consist of Pierce county and shall
have three judges;
(b) District 2 shall consist of Clallam, Grays Harbor,
Jefferson, Kitsap, Mason, and Thurston counties and shall
have two judges;
(c) District 3 shall consist of Clark, Cowlitz, Lewis,
Pacific, Skamania, and Wahkiakum counties and shall have
two judges.
(3) The third division shall have five judges from the
following districts:
(a) District 1 shall consist of Ferry, Lincoln, Okanogan,
Pend Oreille, Spokane and Stevens counties and shall have
two judges;
(b) District 2 shall consist of Adams, Asotin, Benton,
Columbia, Franklin, Garfield, Grant, Walla Walla, and
Whitman counties and shall have one judge;
(c) District 3 shall consist of Chelan, Douglas, Kittitas,
Klickitat and Yakima counties and shall have two judges.
[1999 c 75 § 1; 1993 c 420 § 1; 1989 c 328 § 10; 1977 ex.s.
c 49 § 1; 1969 ex.s. c 221 § 2.]
Rules of court: Cf. RAP 4.1(b).
Effective date—1993 c 420: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 15, 1993]." [1993 c 420 § 3.]
Intent—1989 c 328: See note following RCW 2.08.061.
Appointments to positions created by the amendment to this section by 1977
ex.s. c 49 § 1: RCW 2.06.075.
2.06.022 Effective date for Snohomish county
judicial position—Initial term. The new judicial position
for the first division, district 2, Snohomish county created
pursuant to the 1989 amendment to RCW 2.06.020 shall
become effective January 1, 1990, and shall be filled by
gubernatorial appointment.
The person appointed by the governor shall hold office
until the general election to be held in November 1990. At
the general election, the judge appointed shall be entitled to
run for a term of six years or until the second Monday in
January 1997, and until a successor is elected and qualified.
Thereafter, the judge shall be elected for a term of six years
and until a successor is elected and qualified, commencing
(2002 Ed.)
Court of Appeals
with the second Monday in January succeeding the election.
[1989 c 328 § 11.]
Intent—1989 c 328: See note following RCW 2.08.061.
2.06.024 Effective date for Pierce county judicial
position—Initial term. The new judicial position for the
second division, district 1, Pierce county, created pursuant to
the 1999 amendment to RCW 2.06.020 shall become
effective July 1, 2000, and shall be filled by gubernatorial
appointment.
The person appointed by the governor shall hold office
until the general election to be held in November 2000. At
the general election, the judge appointed shall be entitled to
run for a term of six years or until the second Monday in
January 2007, and until a successor is elected and qualified.
Thereafter, the judge shall be elected for a term of six years
and until a successor is elected and qualified, commencing
with the second Monday in January succeeding the election.
[1999 c 75 § 2.]
2.06.030 General powers and authority—Transfers
of cases—Appellate jurisdiction, exceptions—Appeals.
The administration and procedures of the court shall be as
provided by rules of the supreme court. The court shall be
vested with all power and authority, not inconsistent with
said rules, necessary to carry into complete execution all of
its judgments, decrees and determinations in all matters
within its jurisdiction, according to the rules and principles
of the common law and the Constitution and laws of this
state.
For the prompt and orderly administration of justice, the
supreme court may (1) transfer to the appropriate division of
the court for decision a case or appeal pending before the
supreme court; or (2) transfer to the supreme court for
decision a case or appeal pending in a division of the court.
Subject to the provisions of this section, the court shall
have exclusive appellate jurisdiction in all cases except:
(a) cases of quo warranto, prohibition, injunction or
mandamus directed to state officials;
(b) criminal cases where the death penalty has been
decreed;
(c) cases where the validity of all or any portion of a
statute, ordinance, tax, impost, assessment or toll is drawn
into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to
a statute or treaty of the United States, and the superior court
has held against its validity;
(d) cases involving fundamental and urgent issues of
broad public import requiring prompt and ultimate determination; and
(e) cases involving substantive issues on which there is
a direct conflict among prevailing decisions of panels of the
court or between decisions of the supreme court;
all of which shall be appealed directly to the supreme court:
PROVIDED, That whenever a majority of the court before
which an appeal is pending, but before a hearing thereon, is
in doubt as to whether such appeal is within the categories
set forth in subsection (d) or (e) of this section, the cause
shall be certified to the supreme court for such determination.
(2002 Ed.)
2.06.022
The appellate jurisdiction of the court of appeals does
not extend to civil actions at law for the recovery of money
or personal property when the original amount in controversy, or the value of the property does not exceed the sum of
two hundred dollars.
The court shall have appellate jurisdiction over review
of final decisions of administrative agencies certified by the
superior court pursuant to RCW 34.05.518.
Appeals from the court to the supreme court shall be
only at the discretion of the supreme court upon the filing of
a petition for review. No case, appeal or petition for a writ
filed in the supreme court or the court shall be dismissed for
the reason that it was not filed in the proper court, but it
shall be transferred to the proper court. [1980 c 76 § 3;
1979 c 102 § 1; 1969 ex.s. c 221 § 3.]
Rules of court: Cf. Titles 1 and 4 RAP, RAP 18.22.
Severability—1979 c 102: See note following RCW 3.66.020.
2.06.040 Panels—Decisions, publication as opinions,
when—Sessions—Rules. The court shall sit in panels of
three judges and decisions shall be rendered by not less than
a majority of the panel. In the determination of causes all
decisions of the court shall be given in writing and the
grounds of the decisions shall be stated. All decisions of the
court having precedential value shall be published as
opinions of the court. Each panel shall determine whether
a decision of the court has sufficient precedential value to be
published as an opinion of the court. Decisions determined
not to have precedential value shall not be published. Panels
in the first division shall be comprised of such judges as the
chief judge thereof shall from time to time direct. Judges of
the respective divisions may sit in other divisions and causes
may be transferred between divisions, as directed by written
order of the chief justice. The court may hold sessions in
cities as may be designated by rule.
No judge of the court shall be entitled to per diem or
mileage for services performed at either his legal residence
or the headquarters of the division of the court of which he
is a member.
The court may establish rules supplementary to and not
in conflict with rules of the supreme court. [1987 c 43 § 1;
1984 c 258 § 91; 1971 c 41 § 1; 1969 ex.s. c 221 § 4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
2.06.045 When open for transaction of business.
See RCW 2.04.030.
2.06.050 Qualifications of judges. A judge of the
court shall be:
(1) Admitted to the practice of law in the courts of this
state not less than five years prior to taking office.
(2) A resident for not less than one year at the time of
appointment or initial election in the district for which his
position was created. [1969 ex.s. c 221 § 5.]
2.06.062 Salary of judges. The annual salary of the
judges of the court of appeals shall be established by the
Washington citizens’ commission on salaries for elected
officials. No salary warrant may be issued to any judge
until the judge files with the state treasurer an affidavit that
[Title 2 RCW—page 5]
2.06.062
Title 2 RCW: Courts of Record
no matter referred to the judge for opinion or decision has
been uncompleted for more than six months. [1986 c 155 §
5; 1984 c 258 § 402.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Washington citizens’ commission on salaries for elected officials: RCW
43.03.305.
2.06.070 Original appointments—Election of
judges—Terms of office. Upon the taking effect of RCW
2.06.010 through 2.06.100, the governor shall appoint the
judges of the court of appeals for each district in the
numbers provided in RCW 2.06.020, who shall hold office
until the second Monday in January of the year following the
first state general election following the effective date of this
act. In making the original appointments the governor shall
take into consideration such factors as: Personal character;
intellect; ability; diversity of background of experience in the
practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with
social and economic groups, for the purpose of establishing
a balanced appellate court with the highest quality of personnel. At the first state general election after the effective date
of this act there shall be elected from each district the
number of judges provided for in RCW 2.06.020. Upon
taking office the judges of each division elected shall come
together at the direction of the chief justice and be divided
by lot into three equal groups; those of the first group shall
hold office until the second Monday in January of 1973,
those of the second group shall hold office until the second
Monday in January of 1975, and those of the third group
shall hold office until the second Monday in January of
1977, and until their successors are elected and qualified.
Thereafter, judges shall be elected for the full term of six
years and until their successors are elected and qualified,
commencing with the second Monday in January succeeding
their election: PROVIDED, HOWEVER, That if the
governor shall make appointments to the appellate court
from membership of the superior court, the governor shall,
in making appointments filling vacancies created in the
superior courts by such action, take into consideration such
factors as: Personal character; intellect; ability; diversity of
background of experience in the practice of the law; diversity of political philosophy; diversity of educational experience; and diversity of affiliation with social and economic
groups, for the purpose of maintaining a balanced superior
court with the highest quality of personnel. [1969 ex.s. c
221 § 7.]
Effective date—1969 ex.s. c 221: The effective date of this act [1969
ex.s. c 221] is May 8, 1969, see preface to 1969 session laws.
2.06.075 Appointments to positions created by 1977
ex.s. c 49 § 1—Election—Terms of office. The new
judicial positions created pursuant to section 1, chapter 49,
Laws of 1977 ex. sess. shall become effective January 1,
1978 and shall be filled by gubernatorial appointment as
follows:
(1) Two shall be appointed to the first division, District
1, King county;
[Title 2 RCW—page 6]
(2) One shall be appointed to the second division,
District 1, Pierce county; and
(3) One shall be appointed to the third division, District
1, Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and
Stevens counties.
The persons appointed by the governor shall hold office
until the general election to be held in November 1978.
Upon taking office the two newly appointed judges in
Division 1 shall determine by lot the length of term they will
be entitled to run for in the general election of 1977. One
term will be for one year or until the second Monday in
January 1980, and the other for three years or until the
second Monday in January 1982, and until their successors
are elected and qualified. Thereafter judges shall be elected
for a term of six years and until their successors are elected
and qualified, commencing with the second Monday in January succeeding their election. At the general election to be
held in November 1978, the judges appointed in Division 2
and Division 3 shall be entitled to run for a term of six years
or until the second Monday in January 1985, and until their
successors are elected and qualified. Thereafter judges shall
be elected for a term of six years and until their successors
are elected and qualified, commencing with the second
Monday in January succeeding their election. [1977 ex.s. c
49 § 3.]
2.06.076 Appointments to positions created by 1993
c 420 § 1—Election—Appointment—Terms of office. (1)
Any judicial position created by *section 1, chapter 420,
Laws of 1993 shall be effective only if that position is
specifically funded and is referenced by division and district
in an omnibus appropriations act.
(2)(a) The full term of office for the judicial positions
authorized pursuant to chapter 420, Laws of 1993 shall be
six years.
(b) The authorized judicial positions shall be filled at
the general election in the November immediately preceding
the beginning of the full term except as provided in (d) and
(e) of this subsection.
(c) The six-year terms shall be staggered as follows: In
the first division, the initial full terms of six years for the
two positions in district 1 shall begin the second Monday in
January following the general election held in November
2000. If the effective date for the judicial positions are later
than the deadline to include it in the November 2000
election, the initial full term shall begin the second Monday
in January following the general election held in November
2006.
(d) Upon becoming effective pursuant to subsection (1)
of this section, the governor shall appoint judges to the
additional judicial positions authorized in section 1, chapter
420, Laws of 1993. The appointed judges shall hold office
until the second Monday in January following the general
election following the effective date of the position. The
appointed judges and other judicial candidates are entitled to
run for the judicial position at the general election following
appointment.
(e) The initial election for these positions shall be held
in November following the effective date of the position. If
the initial election of a newly authorized position is not held
on a date which corresponds to the beginning of a full term
(2002 Ed.)
Court of Appeals
as specified in (c) of this subsection, the election shall be for
a partial term. [1998 c 26 § 1; 1993 c 420 § 2.]
*Reviser’s note: Section 1, chapter 420, Laws of 1993 was not
referenced in a 1993 omnibus appropriations act.
Effective date—1993 c 420: See note following RCW 2.06.020.
2.06.080 Vacancy, how filled. If a vacancy occurs in
the office of a judge of the court, the governor shall appoint
a person to hold the office until the election and qualification
of a judge to fill the vacancy, which election shall take place
at the next succeeding general election and the judge so
elected shall hold the office for the remainder of the unexpired term. [1969 ex.s. c 221 § 8.]
2.06.085 Oath of judges. The several judges of the
court of appeals, before entering upon the duties of their
office, shall take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm, as the case
may be), that I will support the Constitution of the United
States and the Constitution of the State of Washington, and
that I will faithfully and impartially discharge the duties of
the office of judge of the court of appeals of the State of
Washington to the best of my ability." Which oath or
affirmation may be administered by any person authorized to
administer oaths, a certificate whereof shall be affixed
thereto by the person administering the oath. And the oath
or affirmation so certified shall be filed in the office of the
secretary of state. [1971 c 81 § 182.]
2.06.090 Practice of law, seeking nonjudicial
elective office prohibited. No judge, while in office, shall
engage in the practice of law. No judge shall run for
elective office other than a judicial office during the term for
which he was elected. [1969 ex.s. c 221 § 9.]
2.06.100 Retirement. Judges shall retire at the age,
and under the conditions and with the same retirement
benefits as specified by law for the retirement of justices of
the supreme court. [1969 ex.s. c 221 § 10.]
2.06.110 Reporting defects or omissions in the laws.
Court of appeals judges shall, on or before the first day of
November in each year, report in writing to the justices of
the supreme court, such defects and omissions in the laws as
their experience may suggest. [1971 ex.s. c 107 § 6.]
2.06.150 Judge pro tempore—Appointment—Oath
of office. (1) Whenever necessary for the prompt and
orderly administration of justice, the chief justice of the
supreme court of the state of Washington may appoint any
regularly elected and qualified judge of the superior court or
any retired judge of a court of record in this state to serve as
judge pro tempore of the court of appeals: PROVIDED,
HOWEVER, That no judge pro tempore appointed to serve
on the court of appeals may serve more than ninety days in
any one year.
(2) If the term of a judge of the court of appeals expires
with cases or other judicial business pending, the chief
justice of the supreme court of the state of Washington, upon
the recommendation of the chief presiding judge of the court
(2002 Ed.)
2.06.076
of appeals, may appoint the judge to serve as judge pro
tempore of the court of appeals, whenever necessary for the
prompt and orderly administration of justice. No judge may
be appointed under this subsection more than one time and
no appointment may exceed sixty days.
(3) Before entering upon his or her duties as judge pro
tempore of the court of appeals, the appointee shall take and
subscribe an oath of office as provided for in Article IV,
section 28 of the state Constitution. [1997 c 88 § 3; 1977
ex.s. c 49 § 2; 1973 c 114 § 1.]
Judge pro tempore appointments: RCW 2.56.170.
2.06.160 Judge pro tempore—Remuneration. (1) A
judge of a court of record serving as a judge pro tempore of
the court of appeals, as provided in RCW 2.06.150, shall
receive, in addition to his or her regular salary, reimbursement for subsistence, lodging, and travel expenses in
accordance with the rates applicable to state officers under
RCW 43.03.050 and 43.03.060.
(2) A retired judge of a court of record in this state
serving as a judge pro tempore of the court of appeals, as
provided in RCW 2.06.150, shall receive, in addition to any
retirement pay he or she may be receiving, the following
compensation and expenses:
(a) Reimbursement for subsistence, lodging, and travel
expenses in accordance with the rates applicable to state
officers under RCW 43.03.050 and 43.03.060; and
(b) During the period of his or her service as judge pro
tempore, he or she shall receive as compensation sixty
percent of one-two hundred and fiftieth of the annual salary
of a court of appeals judge for each day of service: PROVIDED, HOWEVER, That the total amount of combined
compensation received as salary and retirement by any judge
in any calendar year shall not exceed the yearly salary of a
full time judge.
(3) Whenever a judge of a court of record is appointed
to serve as judge pro tempore of the court of appeals and a
visiting judge is assigned to replace him or her, subsistence,
lodging, and travel expenses incurred by such visiting judge
as a result of such assignment shall be paid in accordance
with the rates applicable to state officers under RCW
43.03.050 and 43.03.060, upon application of such judge
from the appropriation of the court of appeals.
(4) A judge appointed as judge pro tempore of the court
of appeals under RCW 2.06.150(2) shall continue to receive
compensation in accordance with the rates applicable to the
judge immediately before the expiration of the term.
(5) The provisions of RCW 2.06.150(1) and 2.06.160
(1) through (3) shall not be construed as impairing or
enlarging any right or privilege acquired in any retirement or
pension system by any judge or his or her dependents.
[1997 c 88 § 4; 1981 c 186 § 2; 1973 c 114 § 2.]
Chapter 2.08
SUPERIOR COURTS
Sections
2.08.010
2.08.020
2.08.030
2.08.040
Original jurisdiction.
Appellate jurisdiction.
Courts of record—Sessions.
Effect of adjournments.
[Title 2 RCW—page 7]
Chapter 2.08
Title 2 RCW: Courts of Record
2.08.050
2.08.060
2.08.061
2.08.062
Seal of courts.
Judges—Election.
Judges—King, Spokane, and Pierce counties.
Judges—Chelan, Douglas, Clark, Grays Harbor, Kitsap,
Kittitas, and Lewis counties.
2.08.063
Judges—Lincoln, Skagit, Walla Walla, Whitman, Yakima,
Adams, and Whatcom counties.
2.08.064
Judges—Benton, Franklin, Clallam, Jefferson, Snohomish,
Asotin, Columbia, Garfield, Cowlitz, Klickitat, and
Skamania counties.
2.08.065
Judges—Grant, Ferry, Okanogan, Mason, Thurston, Pacific,
Wahkiakum, Pend Oreille, Stevens, San Juan, and Island
counties.
2.08.069
Judges—Filling vacancies resulting from creation of additional judgeships.
2.08.070
Terms of office.
2.08.080
Oath of office.
2.08.092
Salary of judges.
2.08.100
Payment of county’s portion.
2.08.110
Apportionment between counties in joint judicial district.
2.08.115
Judge serving district comprising more than one county—
Reimbursement for travel expenses.
2.08.120
Vacancy, how filled.
2.08.140
Visiting judge at direction of governor.
2.08.150
Visiting judge at request of judge or judges.
2.08.160
Sessions where more than one judge sits—Effect of decrees,
orders, etc.
2.08.170
Expenses of visiting judge.
2.08.180
Judge pro tempore—Appointment—Oath—Compensation.
2.08.185
Attorney serving as guardian ad litem—Disqualification as
judge pro tempore or commissioner pro tempore—
Circumstances.
2.08.190
Powers of judge in counties of his district.
2.08.200
Decisions and rulings in matters heard outside judge’s district.
2.08.210
Extent of court’s process—Venue.
2.08.220
Process, to whom directed.
2.08.230
Uniform rules to be established.
2.08.240
Limit of time for decision.
2.08.250
Report to judges of supreme court.
Basic juvenile court act: Chapter 13.04 RCW.
Court commissioners: State Constitution Art. 4 § 23.
Court filing fees: RCW 36.18.020.
Family court: Chapter 26.12 RCW.
Judiciary and judicial power: State Constitution Art. 4.
legal holidays and nonjudicial days. [1955 c 38 § 3; 1890
p 342 § 5; RRS § 15.]
Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment
28).
2.08.020 Appellate jurisdiction. The superior courts
shall have such appellate jurisdiction in cases arising in
courts of limited jurisdiction in their respective counties as
may be prescribed by law. [1987 c 202 § 102; 1890 p 343
§ 6; RRS § 17.]
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
Intent—1987 c 202: See note following RCW 2.04.190.
Appeals from
district courts: Criminal, chapter 10.10 RCW; civil, chapter 12.36 RCW.
municipal courts: Chapter 35.20 RCW.
Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment
28).
2.08.030 Courts of record—Sessions. The superior
courts are courts of record, and shall be always open, except
on nonjudicial days. They shall hold their sessions at the
county seats of the several counties, respectively, and at such
other places within the county as are designated by the judge
or judges thereof with the approval of the chief justice of the
supreme court of this state and of the governing body of the
county. They shall hold regular and special sessions in the
several counties of this state at such times as may be
prescribed by the judge or judges thereof. [1971 ex.s. c 60
§ 1; 1890 p 343 § 7; RRS § 18.]
Rules of court: Cf. CR 77(d), (f).
Courts of record: State Constitution Art. 4 § 11.
Open when: State Constitution Art. 4 § 6 (Amendment 28).
2.08.040 Effect of adjournments. Adjournments
from day to day, or from time to time, are to be construed
as recesses in the sessions, and shall not prevent the court
from sitting at any time. [1890 p 343 § 8; RRS § 26.]
Rules of court: Cf. CR 77(g).
2.08.010 Original jurisdiction. The superior court
shall have original jurisdiction in all cases in equity, and in
all cases at law which involve the title or possession of real
property, or the legality of any tax, impost, assessment, toll
or municipal fine, and in all other cases in which the
demand or the value of the property in controversy amounts
to three hundred dollars, and in all criminal cases amounting
to felony, and in all cases of misdemeanor not otherwise
provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or
abate a nuisance; of all matters of probate, of divorce and
for annulment of marriage, and for such special cases and
proceedings as are not otherwise provided for; and shall also
have original jurisdiction in all cases and of all proceedings
in which jurisdiction shall not have been by law vested
exclusively in some other court, and shall have the power of
naturalization and to issue papers therefor. Said courts and
their judges shall have power to issue writs of mandamus,
quo warranto, review, certiorari, prohibition and writs of
habeas corpus on petition by or on behalf of any person in
actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued on
[Title 2 RCW—page 8]
2.08.050 Seal of courts. The seals of the superior
courts of the several counties of the state shall be, until
otherwise provided by law, the vignette of General George
Washington, with the words "Seal of the Superior Court of
. . . . . . County, State of Washington," surrounding the
vignette. [1890 p 345 § 17; RRS § 38.]
2.08.060 Judges—Election. There shall be in each of
the counties a superior court. Judges of the superior court
shall be elected at the general election in November, 1952,
and every four years thereafter. [1951 c 125 § 2; 1949 c
237 §§ 1-5, part; 1945 c 20 § 1, part; 1933 ex.s. c 63 §§ 13, part; 1927 c 135 § 1, part; Rem. Supp. 1949 §§ 11045-1f1i, part; Rem. Supp. 1945 §§ 11045-1d & 1e, part; RRS §§
11045-1, 1a, 1b, 1c, part. Prior: 1925 ex.s. c 66 §§ 1-3,
part; 1925 ex.s. c 132 §§ 1-4, part; 1917 c 97 §§ 1-5, part;
1913 c 17 §§ 1-4, part; 1911 c 40 §§ 1-3, part; 1911 c 62 §§
1-3, part; 1911 c 76 §§ 1-3, part; 1911 c 129 §§ 1-3, part;
1911 c 131 §§ 1-2, part; 1909 c 10 §§ 1-3, part; 1909 c 12
§§ 1-3, part; 1909 c 52 §§ 1-3, part; 1909 c 94 §§ 1-3, part;
1907 c 79 §§ 1-3, part; 1907 c 106 § 1, part; 1907 c 178 §§
(2002 Ed.)
Superior Courts
1-2, part; 1905 c 9 §§ 1-3, part; 1905 c 36 §§ 1-4, part;
1903 c 50 § 1, part; 1895 c 89 § 1, part; 1891 c 68 §§ 1-3,
part; 1890 p 341 § 1, part.]
Election, terms, etc., superior judges: State Constitution Art. 4 § 5.
Eligibility of judges: State Constitution Art. 4 § 17.
Impeachment: State Constitution Art. 5.
Judges ineligible to other office: State Constitution Art. 4 § 15.
Judges may not practice law: State Constitution Art. 4 § 19.
Removal from office: State Constitution Art. 4 § 9.
2.08.061 Judges—King, Spokane, and Pierce
counties. There shall be in the county of King no more than
fifty-eight judges of the superior court; in the county of
Spokane thirteen judges of the superior court; and in the
county of Pierce twenty-four judges of the superior court.
[1997 c 347 § 3; 1996 c 208 § 3; 1992 c 189 § 1; 1989 c
328 § 2; 1987 c 323 § 1; 1985 c 357 § 1; 1980 c 183 § 1;
1979 ex.s. c 202 § 1; 1977 ex.s. c 311 § 1; 1973 1st ex.s. c
27 § 1; 1971 ex.s. c 83 § 5; 1969 ex.s. c 213 § 1; 1967 ex.s.
c 84 § 1; 1963 c 48 § 1; 1961 c 67 § 1; 1955 c 176 § 1;
1951 c 125 § 3. Prior: 1949 c 237 §§ 1, 3; 1933 ex.s. c 63
§ 1; 1927 c 135 § 1, part; 1925 ex.s. c 66 § 1; 1911 c 76 §
1; 1909 c 52 § 1; 1909 c 12 § 1; 1909 c 10 § 1; 1907 c 106
§ 1; 1907 c 79 § 1, part; 1905 c 9 § 1; 1895 c 89 § 1, part;
1891 c 68 § 2; 1890 p 341 § 1, part; Rem. Supp. 1949 §§
11045-1f, 11045-1h; RRS §§ 11045-1, 11045-1a, part.]
Starting dates of additional judicial positions in Spokane county—
Effective, starting dates of additional judicial positions in Pierce
county—1997 c 347: "(1) The additional judicial positions created by
section 3 of this act for the county of Spokane take effect upon July 27,
1997, but the actual starting dates for these positions may be established by
the Spokane county commissioners upon the request of the superior court.
(2) The additional positions created by section 3 of this act for the
county of Pierce, take effect as follows: One additional judicial position is
effective January 1, 1998; two positions are effective January 1, 1999; and
two positions are effective January 1, 2000. The actual starting dates for
these positions may be established by the Pierce county council upon
request of the superior court and by recommendation of the Pierce county
executive." [1997 c 347 § 4.]
Additional judicial position in Spokane county subject to approval
and agreement—1996 c 208: "The additional judicial position created by
section 3 of this act shall be effective only if Spokane county through its
duly constituted legislative authority documents its approval of the
additional position and its agreement that it will pay out of county funds,
without reimbursement from the state, the expenses of the additional judicial
position as provided by statute." [1996 c 208 § 4.]
Effective dates—1992 c 189: "(1) Sections 1, 3, and 5 of this act
shall take effect July 1, 1992.
(2) The remainder of this act shall take effect July 1, 1993." [1992 c
189 § 7.]
Additional judicial positions subject to approval and agreement—
1992 c 189: "The additional judicial positions created by sections 1, 2, 3,
4, and 5 of this act shall be effective only if each county through its duly
constituted legislative authority documents its approval of any additional
positions and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of such additional judicial
positions as provided by statute." [1992 c 189 § 8.]
Intent—1989 c 328: "The legislature recognizes the dramatic increase
in cases filed in superior court over the last six years in King, Pierce, and
Snohomish counties. This increase has created a need for more superior
court judges in those counties.
The increased caseload at the superior court level has also caused a
similar increase in the case and petition filings in the court of appeals.
Currently, the additional caseload is being handled by pro tempore judges
and excessive caseloads for permanent judges. The addition of a permanent
full-time judge will allow the court to more efficiently process the growing
caseload.
(2002 Ed.)
2.08.060
By the creation of these additional positions, it is the intent of the
legislature to promote the careful judicial review of cases by an elected
judiciary." [1989 c 328 § 1.]
Additional judicial positions subject to approval and agreement—
1989 c 328: "The additional judicial positions created by sections 2 and 3
of this act in Pierce and Snohomish counties shall be effective only if the
county through its duly constituted legislative authority documents its
approval of any additional positions and its agreement that it will pay out
of county funds, without reimbursement from the state, the expenses of such
additional judicial positions as provided by statute. The additional expenses
include, but are not limited to, expenses incurred for court facilities." [1989
c 328 § 5.]
Effective dates for additional judicial positions—1989 c 328 §§ 2
and 3: "(1) Three additional judicial positions created by section 2 of this
1989 act shall be effective January 1, 1990.
(2) One additional judicial position created by section 3 of this act
shall be effective July 1, 1990; the second position shall be effective not
later than June 30, 1991." [1989 c 328 § 7.]
Effective dates—Additional judicial positions in King, Chelan, and
Douglas counties subject to approval and agreement—1989 c 328; 1987
c 323: "Sections 1 and 2 of this act shall take effect January 1, 1988. The
additional judicial positions created by sections 1 and 2 of this act in King
county and Chelan and Douglas counties shall be effective only if each
county through its duly constituted legislative authority documents its
approval of any additional positions and its agreement that it will pay out
of county funds, without reimbursement from the state, the expenses of such
additional judicial positions as provided by statute. The additional expenses
include, but are not limited to, expenses incurred for court facilities. The
legislative authorities of Chelan and Douglas counties may in their
discretion phase in any additional judicial positions over a period of time
not to extend beyond January 1, 1990. The legislative authority of King
county may in its discretion phase in any additional judicial positions over
a period of time not to extend beyond January 1, 1991." [1989 c 328 § 6;
1987 c 323 § 5.]
Effective dates—Additional judicial positions in Pierce, Clark, and
Snohomish counties subject to approval and agreement—1985 c 357:
"(1) Sections 1 and 2 of this act shall take effect January 1, 1987. The
additional judicial positions created by sections 1 and 2 of this act in Pierce
and Clark counties shall be effective only if, prior to January 1, 1987, each
county through its duly constituted legislative authority documents its
approval of the additional positions and its agreement that it will pay out of
county funds, without reimbursement from the state, the expenses of such
additional judicial positions as provided by statute. The additional expenses
include, but are not limited to, expenses incurred for court facilities.
(2) Section 3 of this act shall take effect January 1, 1986. The
additional judicial position created by section 3 of this act in Snohomish
county shall be effective only if, prior to January 1, 1986, the county
through its duly constituted legislative authority documents its approval of
the additional position and its agreement that it will pay out of county
funds, without reimbursement from the state, the expenses of such additional
judicial position as provided by statute. The additional expenses include,
but are not limited to, expenses incurred for court facilities." [1985 c 357
§ 4.]
Effective date—1977 ex.s. c 311: "This 1977 amendatory act shall
take effect November 1, 1977." [1977 ex.s. c 311 § 6.]
2.08.062 Judges—Chelan, Douglas, Clark, Grays
Harbor, Kitsap, Kittitas, and Lewis counties. There shall
be in the county of Chelan four judges of the superior court;
in the county of Douglas one judge of the superior court; in
the county of Clark eight judges of the superior court; in the
county of Grays Harbor three judges of the superior court;
in the county of Kitsap seven judges of the superior court;
in the county of Kittitas one judge of the superior court; in
the county of Lewis three judges of the superior court.
[1998 c 270 § 1; 1996 c 208 § 1; 1995 c 117 § 1; 1992 c
189 § 2; 1990 c 186 § 1; 1987 c 323 § 2; 1985 c 357 § 2;
1979 ex.s. c 202 § 2; 1977 ex.s. c 311 § 2; 1975-’76 2nd
ex.s. c 79 § 1; 1971 ex.s. c 83 § 4; 1967 ex.s. c 84 § 2;
1963 c 48 § 2; 1951 c 125 § 4. Prior: 1945 c 20 § 1, part;
[Title 2 RCW—page 9]
2.08.062
Title 2 RCW: Courts of Record
1927 c 135 § 1, part; 1911 c 131 § 1; 1907 c 79 § 1, part;
1907 c 178 § 1, part; 1905 c 36 § 1, part; 1895 c 89 § 1,
part; 1891 c 68 § 3, part; 1890 p 341 § 1, part; Rem. Supp.
1945 § 11045-1d, part; RRS § 11045-1, part.]
Effective date—1998 c 270: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 1, 1998]." [1998 c 270 § 5.]
Additional judicial positions in Clark, Lewis, and Yakima
counties—Start dates—Establishment by county commissioners upon
superior court request—1998 c 270: "(1) The additional judicial position
created by section 1 of this act for the county of Clark takes effect on April
1, 1998, but the actual starting date for this position may be established by
the Clark county commissioners upon the request of the superior court.
(2) The additional judicial position created by section 1 of this act for
the county of Lewis takes effect on April 1, 1998, but the actual starting
date for this position may be established by the Lewis county commissioners upon the request of the superior court.
(3) The additional judicial positions created by section 2 of this act for
the county of Yakima take effect on April 1, 1998, but the actual starting
dates for these positions may be established by the Yakima county
commissioners upon the request of the superior court." [1998 c 270 § 4.]
Additional judicial positions in Chelan and Douglas counties
subject to approval and agreement—1996 c 208: "(1) The three judicial
positions serving Chelan and Douglas counties jointly are allocated to
Chelan county, effective upon appointment of a judge to the Douglas county
superior court. The additional judicial positions created by section 1,
chapter 208, Laws of 1996, are allocated one to Chelan county and one to
Douglas county and each position becomes effective only if each county,
through its duly constituted legislative authority, documents its approval of
the additional position and its agreement that it will pay out of county
funds, without reimbursement from the state, the expenses of the additional
judicial position as provided by state law or the state Constitution.
(2) The judicial positions created by section 1, chapter 208, Laws of
1996, shall be effective January 1, 1997." [1998 c 270 § 3; 1996 c 208 §
2.]
Effect—Additional judicial position in Clark county subject to
approval and agreement—1995 c 117: "The additional judicial position
created by section 1 of this act is effective only if Clark county through its
duly constituted legislative authority documents its approval of the
additional position and its agreement that it will pay out of county funds,
without reimbursement from the state, the expenses of the additional judicial
position as provided by state law or the state Constitution." [1995 c 117 §
2.]
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Effective dates—Additional judicial positions in Kitsap and
Thurston counties subject to approval and agreement—1990 c 186:
"(1)(a) One additional judicial position created by section 1 of this act and
the additional judicial position created by section 2 of this act shall be
effective July 1, 1990.
(b) The second additional judicial position created by section 1 of this
act shall be effective not later than, and at the discretion of the legislative
authority may be phased in at any time before, January 1, 1994.
(2) The additional judicial positions created by sections 1 and 2 of this
act in Kitsap and Thurston counties shall be effective only if the county
through its duly constituted legislative authority documents its approval of
any additional positions and its agreement that it will pay out of county
funds, without reimbursement from the state, the expenses of such additional
judicial positions as provided by statute. The additional expenses include,
but are not limited to, expenses incurred for court facilities." [1990 c 186
§ 4.]
Effective dates—Additional judicial positions in King, Chelan, and
Douglas counties subject to approval and agreement—1987 c 323: See
note following RCW 2.08.061.
Effective dates—Additional judicial positions in Pierce, Clark, and
Snohomish counties subject to approval and agreement—1985 c 357:
See note following RCW 2.08.061.
Adjustment in judicial services: See note following RCW 2.08.065.
Effective date—1977 ex.s. c 311: See note following RCW 2.08.061.
[Title 2 RCW—page 10]
2.08.063 Judges—Lincoln, Skagit, Walla Walla,
Whitman, Yakima, Adams, and Whatcom counties.
There shall be in the county of Lincoln one judge of the
superior court; in the county of Skagit, three judges of the
superior court; in the county of Walla Walla, two judges of
the superior court; in the county of Whitman, one judge of
the superior court; in the county of Yakima eight judges of
the superior court; in the county of Adams, one judge of the
superior court; in the county of Whatcom, three judges of
the superior court. [1998 c 270 § 2; 1992 c 189 § 3; 1988
c 66 § 1; 1975 1st ex.s. c 49 § 1; 1973 1st ex.s. c 27 § 2;
1971 ex.s. c 83 § 1; 1963 c 48 § 3; 1955 c 19 § 1; 1951 c
125 § 5. Prior: 1949 c 237 §§ 2, 4; 1945 c 20 § 1, part;
1927 c 135 § 1, part; 1917 c 97 § 5, part; 1911 c 62 § 1;
1911 c 129 § 2, part; 1907 c 79 § 1, part; 1895 c 89 § 1,
part; 1891 c 68 § 3, part; 1890 p 341 § 1, part; Rem. Supp.
1949 §§ 11045-1j, 11045-1i; Rem. Supp. 1945 § 11045-1d,
part; RRS § 11045-1, part.]
Effective date—Additional judicial positions in Clark, Lewis, and
Yakima counties—Start dates—Establishment by county commissioners
upon superior court request—1998 c 270: See notes following RCW
2.08.062.
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Effect—Additional judicial position in Yakima county subject to
approval and agreement—1988 c 66: "The additional judicial position
created by section 1 of this act in Yakima county shall be effective only if
the county through its legislative authority documents its approval by
January 1, 1990, of the additional position and its agreement that it will pay
out of county funds, without reimbursement from the state, the expenses of
the additional judicial position as provided by statute. The additional
expenses include, but are not limited to, expenses incurred for court
facilities." [1988 c 66 § 2.]
2.08.064 Judges—Benton, Franklin, Clallam,
Jefferson, Snohomish, Asotin, Columbia, Garfield,
Cowlitz, Klickitat, and Skamania counties. There shall
be in the counties of Benton and Franklin jointly, five judges
of the superior court; in the county of Clallam, two judges
of the superior court; in the county of Jefferson, one judge
of the superior court; in the county of Snohomish, fifteen
judges of the superior court; in the counties of Asotin,
Columbia and Garfield jointly, one judge of the superior
court; in the county of Cowlitz, four judges of the superior
court; in the counties of Klickitat and Skamania jointly, one
judge of the superior court. [1997 c 347 § 1; 1993 sp.s. c
14 § 1; 1992 c 189 § 4; 1989 c 328 § 3; 1985 c 357 § 3;
1982 c 139 § 2; 1981 c 65 § 1; 1979 ex.s. c 202 § 3; 1977
ex.s. c 311 § 3; 1974 ex.s. c 192 § 1; 1971 ex.s. c 83 § 3;
1969 ex.s. c 213 § 2; 1967 ex.s. c 84 § 3; 1963 c 35 § 1;
1961 c 67 § 2; 1955 c 19 § 2; 1951 c 125 § 6. Prior: 1945
c 20 § 1, part; 1927 c 135 § 1, part; 1925 ex.s. c 132 § 1;
1917 c 97 §§ 1-3; 1911 c 40 § 1; 1911 c 129 §§ 1, 2, part;
1907 c 79 § 1, part; 1905 c 36 § 1, part; 1895 c 89 § 1, part;
1891 c 68 §§ 1, 3, part; 1890 p 341 § 1, part; Rem. Supp.
1945 § 11045-1d, part; RRS § 11045-1, part.]
Starting dates of additional judicial positions in Snohomish
county—1997 c 347: "The additional judicial positions created for the
county of Snohomish under section 1 of this act are effective January 1,
1998, but the actual starting dates for these positions may be established by
the Snohomish county council upon request of the superior court and by the
recommendation of the Snohomish county executive." [1997 c 347 § 2.]
Additional judicial position in Cowlitz county subject to approval
and agreement—1993 sp.s. c 14: "The additional judicial position created
by section 1 of this act shall be effective only if Cowlitz county through its
(2002 Ed.)
Superior Courts
duly constituted legislative authority documents its approval of the
additional position and its agreement that it will pay out of county funds,
without reimbursement from the state, the expenses of the additional judicial
position as provided by statute." [1993 sp.s. c 14 § 2.]
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Intent—Additional judicial positions subject to approval and
agreement—Effective dates for additional judicial positions—1989 c
328: See notes following RCW 2.08.061.
Effective dates—Additional judicial positions in Pierce, Clark, and
Snohomish counties subject to approval and agreement—1989 c 328;
1985 c 357: See note following RCW 2.08.061.
Additional judicial positions in Clallam and Jefferson counties
subject to approval and agreement—1982 c 139: "The additional judicial
positions created by section 2 of this 1982 act in Clallam and Jefferson
counties shall be effective only if, prior to April 1, 1982, each county
through its duly constituted legislative authority documents its approval of
the additional positions and its agreement that it will pay out of county
funds, without reimbursement from the state, the expenses of such additional
judicial positions as provided by statute." [1982 c 139 § 3.]
Additional judicial positions in Ferry, Stevens, and Pend Oreille
district subject to approval and agreement—1982 c 139; 1981 c 65:
"The additional judicial position created by this 1981 act in the joint Ferry,
Stevens, and Pend Oreille judicial district shall be effective only if each
county in the judicial district through its duly constituted legislative
authority documents its approval of the additional position and its agreement
that it and the other counties comprising the judicial district will pay out of
county funds, without reimbursement from the state, the expenses of such
additional judicial position as provided by statute. As among the counties,
the amount of the judge’s salary to be paid by each county shall be in
accordance with RCW 2.08.110 unless otherwise agreed upon by the
counties involved." [1982 c 139 § 1; 1981 c 65 § 3.]
Effective date—1977 ex.s. c 311: See note following RCW 2.08.061.
2.08.065 Judges—Grant, Ferry, Okanogan, Mason,
Thurston, Pacific, Wahkiakum, Pend Oreille, Stevens,
San Juan, and Island counties. There shall be in the
county of Grant, three judges of the superior court; in the
county of Okanogan, two judges of the superior court; in the
county of Mason, two judges of the superior court; in the
county of Thurston, eight judges of the superior court; in the
counties of Pacific and Wahkiakum jointly, one judge of the
superior court; in the counties of Ferry, Pend Oreille, and
Stevens jointly, two judges of the superior court; and in the
counties of San Juan and Island jointly, two judges of the
superior court. [1999 c 245 § 1; 1996 c 208 § 5; 1992 c
189 § 5; 1990 c 186 § 2; 1986 c 76 § 1; 1981 c 65 § 2;
1979 ex.s. c 202 § 4; 1977 ex.s. c 311 § 4; 1973 1st ex.s. c
27 § 3; 1971 ex.s. c 83 § 2; 1969 ex.s. c 213 § 3; 1955 c
159 § 1; 1951 c 125 § 7. Prior: 1927 c 135 § 1, part; 1917
c 97 §§ 4, 5, part; 1913 c 17 § 1; 1911 c 131 § 2; 1907 c 79
§ 1, part; 1907 c 178 § 1, part; 1903 c 50 § 1, part; 1895 c
89 § 1, part; 1891 c 68 §§ 1, 3, part; 1890 p 341 § 1, part;
RRS § 11045-1, part.]
Additional judicial positions subject to approval and agreement—
1999 c 245: "(1) The additional judicial position for Grant county created
by section 1 of this act is effective only if Grant county through its duly
constituted legislative authority documents its approval of the additional
position and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of the additional judicial
position as provided by state law or the state Constitution.
(2) The additional judicial position for Okanogan county created by
section 1 of this act is effective only if Okanogan county through its duly
constituted legislative authority documents its approval of the additional
position and its agreement that it will pay out of county funds, without
reimbursement from the state, the expenses of the existing and additional
judicial positions as provided by state law or the state Constitution." [1999
c 245 § 2.]
(2002 Ed.)
2.08.064
Additional judicial positions in Thurston county subject to
approval and agreement—1996 c 208: "The additional judicial positions
created by section 5 of this act are effective only if Thurston county through
its duly constituted legislative authority documents its approval of the
additional positions and its agreement that it will pay out of county funds,
without reimbursement from the state, the expenses of the additional judicial
positions as provided by state law or the state Constitution." [1996 c 208
§ 6.]
Effective dates of additional judicial positions in Thurston
county—1996 c 208: "One judicial position created by section 5 of this act
shall be effective July 1, 1996; the second position shall be effective July
1, 2000." [1996 c 208 § 7.]
Effective dates—Additional judicial positions subject to approval
and agreement—1992 c 189: See notes following RCW 2.08.061.
Effective dates—Additional judicial positions in Kitsap and
Thurston counties subject to approval and agreement—1990 c 186: See
note following RCW 2.08.062.
Effective date—Appointment of additional judicial position—1986
c 76: "(1) Pursuant to RCW 2.08.069, the governor shall appoint a person
to fill the judicial position created by section 1 of this act in Mason county.
The five judges of the superior court serving in the Thurston/Mason judicial
district on January 1, 1987, shall be assigned to the new Thurston county
judicial district.
(2) This act shall take effect January 1, 1987. The additional judicial
position created by section 1 of this act in Mason county shall be effective
only if, before January 1, 1987, Thurston and Mason counties, through their
duly constituted legislative authorities, document their approval of the
additional position and their agreement that they will pay out of county
funds, without reimbursement from the state, the expenses resulting from
section 1 of this act." [1986 c 76 § 2.]
Additional judicial positions subject to approval and agreement:
See note following RCW 2.08.064.
Adjustment in judicial services provided for Douglas, Grant, and
Chelan counties: "The superior court judge serving in position two, as
designated by the county auditors of Grant and Douglas counties for the
1976 general election, in the counties of Grant and Douglas prior to the
effective date of this 1979 act, shall thereafter serve jointly in the counties
of Douglas and Chelan, along with the judge previously serving only in
Chelan county. The additional superior court judge position created by this
1979 act shall be for Grant county alone, which shall retain the judge in
position one previously serving jointly in the counties of Grant and
Douglas." [1979 ex.s. c 202 § 5.]
Effective date—1977 ex.s. c 311: See note following RCW 2.08.061.
2.08.069 Judges—Filling vacancies resulting from
creation of additional judgeships. Unless otherwise
provided, upon the taking effect of any act providing for
additional judges of the superior court and thereby creating
a vacancy, the governor shall appoint a person to hold the
office until the election and qualification of a judge to fill
the vacancy, which election shall be at the next succeeding
general election, and the judge so elected shall hold office
for the remainder of the unexpired term. [1955 c 38 § 4;
1951 c 125 § 8.]
Vacancy, how filled: RCW 2.08.120.
2.08.070 Terms of office. The judges of the superior
court elected under the provisions of RCW 2.08.060 through
2.08.065 shall hold their offices for the term of four years
from and after the second Monday in January next succeeding their election, and until their successors are elected and
qualified. [1927 c 135 § 2; RRS § 11045-2.]
Election, terms, etc., superior judges: State Constitution Art. 4 § 5.
Forfeiture of office for absence: State Constitution Art. 4 § 8.
Removal of judges: State Constitution Art. 4 § 9.
[Title 2 RCW—page 11]
2.08.080
Title 2 RCW: Courts of Record
2.08.080 Oath of office. Every judge of a superior
court shall, before entering upon the duties of his office, take
and subscribe an oath that he will support the Constitution
of the United States and the Constitution of the state of
Washington, and will faithfully and impartially discharge the
duties of judge to the best of his ability, which oath shall be
filed in the office of the secretary of state. Such oath or
affirmation to be in form substantially the same as prescribed
for justices of the supreme court. [1971 c 81 § 5; 1890 p
344 § 15; RRS § 11051.]
appoint a person to hold the office until the election and
qualification of a judge to fill the vacancy, which election
shall be at the next succeeding general election, and the
judge so elected shall hold office for the remainder of the
unexpired term. [1955 c 38 § 5. Prior: 1890 p 342 § 4;
1937 c 15 § 2; RRS § 11049.]
Oath of judges: State Constitution Art. 4 § 28.
2.08.140 Visiting judge at direction of governor.
Whenever a judge of the superior court of any county in this
state, or a majority of such judges in any county in which
there is more than one judge of said court, shall request the
governor of the state to direct a judge of the superior court
of any other county to hold a session of the superior court of
any such county as is first herein above mentioned, the
governor shall thereupon request and direct a judge of the
superior court of some other county, making such selection
as the governor shall deem to be most consistent with the
state of judicial business in other counties, to hold a session
of the superior court in the county the judge shall have
requested the governor as aforesaid. Such request and
direction by the governor shall be made in writing, and shall
specify the county in which he directs the superior judge to
whom the same is addressed to hold such session of the
superior court, and the period during which he is to hold
such session. Thereupon it shall be the duty of the superior
judge so requested, and he is hereby empowered to hold a
session of the superior court of the county specified by the
governor, at the seat of judicial business thereof, during the
period specified by the governor, and in such quarters as the
county commissioners of said county may provide for the
holding of such session. [1893 c 43 § 1; RRS § 27. Prior:
1890 p 343 § 10.]
2.08.092 Salary of judges. The annual salary of the
judges of the superior court shall be established by the
Washington citizens’ commission on salaries for elected
officials. [1986 c 155 § 6; 1984 c 258 § 403.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Salaries of judicial officers: State Constitution Art. 4 § 13, 14; Art. 28 §
1; Art. 30 § 1.
Washington citizens’ commission on salaries for elected officials: RCW
43.03.305.
2.08.100 Payment of county’s portion. The county
auditor of each county shall pay superior court judges in the
same means and manner provided for all other elected
officials. [1997 c 204 § 1; 1939 c 189 § 1; 1893 c 30 § 1;
1890 p 329 § 2; RRS § 10967.]
Distribution of work of courts—Duty of judges to comply with chief justice’s
direction—Salary withheld: RCW 2.56.040.
2.08.110 Apportionment between counties in joint
judicial district. Where there is only one judge of the
superior court for two or more counties, the auditors thereof,
acting together, shall apportion among or between such
counties, according to the assessed valuation of their taxable
property, the amount of such judge’s salary that each county
shall pay. [1890 p 329 § 3; RRS § 10968.]
2.08.115 Judge serving district comprising more
than one county—Reimbursement for travel expenses.
Whenever a judge of the superior court shall serve a district
comprising more than one county, such judge shall be reimbursed for travel expenses in connection with business of the
court in accordance with RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended for travel from his
residence to the other county or counties in his district and
return. [1975-’76 2nd ex.s. c 34 § 1.]
Severability—1975-’76 2nd ex.s. c 34: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1976 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1975-’76 2nd
ex.s. c 34 § 182.]
Effective date—1975-’76 2nd ex.s. c 34: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1976." [1975-’76 2nd ex.s. c 34 § 183.]
2.08.120 Vacancy, how filled. If a vacancy occurs in
the office of judge of the superior court, the governor shall
[Title 2 RCW—page 12]
Superior court—Election of judges, terms of, etc.: State Constitution Art.
4 § 5.
Vacancies resulting from additional judgeships: RCW 2.08.069.
Duty to hold court in other county or district: RCW 2.56.040.
2.08.150 Visiting judge at request of judge or
judges. Whenever a like request shall be addressed by the
judge, or by a majority of the judges (if there be more than
one) of the superior court of any county to the superior
judge of any other county, he is hereby empowered, if he
deem it consistent with the state of judicial business in the
county or counties whereof he is a superior judge (and in
such case it shall be his duty to comply with such request),
to hold a session of the superior court of the county the
judge or judges whereof shall have made such request, at the
seat of judicial business of such county, in such quarters as
shall be provided for such session by the board of county
commissioners, and during such period as shall have been
specified in the request, or such shorter period as he may
deem necessary by the state of judicial business in the
county or counties whereof he is a superior judge. [1893 c
43 § 2; RRS § 28. Prior: 1890 p 343 § 10.]
2.08.160 Sessions where more than one judge sits—
Effect of decrees, orders, etc. In any county where there
shall be more than one superior judge, or in which a superior
judge of another county may be holding a session of the
superior court, as provided in RCW 2.08.140 through
2.08.170, there may be as many sessions of the superior
(2002 Ed.)
Superior Courts
court at the same time as there are judges thereof, or
assigned to duty therein by the governor, or responding to a
request made as provided in RCW 2.08.150. In such cases
the business of the court shall be so distributed and assigned
by law, or in the absence of legislation therefor, by such
rules and orders of the court as shall best promote and
secure the convenient and expeditious transaction thereof.
Judgments, decrees, orders and proceedings of any session
of the superior court held by one or more of the judges of
said court, or by any judge of the superior court of another
county pursuant to the provisions of RCW 2.08.140 through
2.08.170, shall be equally effectual as if all the judges of
such court presided at such session. [1893 c 43 § 3; RRS §
29. Prior: 1890 p 341 § 2.]
2.08.170 Expenses of visiting judge. Any judge of
the superior court of any county in this state who shall hold
a session of the superior court of any other county, in
pursuance of the provisions of RCW 2.08.140 through
2.08.170 shall be entitled to receive from the county in
which he shall hold such sessions reimbursement for
subsistence, lodging, and travel expenses in accordance with
the rates applicable to state officers under RCW 43.03.050
and 43.03.060 as now or hereafter amended. The county
clerk of such county shall, upon the presentation to him by
such judge of a statement of such expenses, verified by his
affidavit, issue to such judge a certificate that he is entitled
to the amount thereof; and upon presentation of such
certificate to the auditor of such county he shall draw a
warrant on the current expense fund of such county for the
amount in favor of such judge. [1981 c 186 § 3; 1893 c 43
§ 4; RRS § 30. Prior: 1890 p 329 § 4.]
Holding court in another county or district—Reimbursement for expenses:
RCW 2.56.070.
2.08.180 Judge pro tempore—Appointment—
Oath—Compensation. A case in the superior court of any
county may be tried by a judge pro tempore, who must be
either: (1) A member of the bar, agreed upon in writing by
the parties litigant, or their attorneys of record, approved by
the court, and sworn to try the case; or (2) pursuant to
supreme court rule, any sitting elected judge. Any action in
the trial of such cause shall have the same effect as if it was
made by a judge of such court. However, if a previously
elected judge of the superior court retires leaving a pending
case in which the judge has made discretionary rulings, the
judge is entitled to hear the pending case as a judge pro
tempore without any written agreement.
A judge pro tempore shall, before entering upon his or
her duties in any cause, take and subscribe the following
oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,)
that I will support the Constitution of the United States and
the Constitution of the State of Washington, and that I will
faithfully discharge the duties of the office of judge pro
tempore in the cause wherein . . . . . . is plaintiff and
. . . . . . defendant, according to the best of my ability."
A judge pro tempore who is a practicing attorney and
who is not a retired justice of the supreme court or judge of
a superior court of the state of Washington, or who is not an
active judge of a court of the state of Washington, shall
(2002 Ed.)
2.08.160
receive a compensation of one-two hundred fiftieth of the
annual salary of a superior court judge for each day engaged
in said trial, to be paid in the same manner as the salary of
the superior judge. A judge who is an active judge of a
court of the state of Washington shall receive no compensation as judge pro tempore. A justice or judge who has
retired from the supreme court, court of appeals, or superior
court of the state of Washington shall receive compensation
as judge pro tempore in the amount of sixty percent of the
amount payable to a judge pro tempore under this section.
[2002 c 137 § 1; 1987 c 73 § 1; 1971 c 81 § 6; 1967 c 149
§ 1; 1890 p 343 § 11; RRS § 40.]
Contingent effective date—1987 c 73: "This act shall take effect
January 1, 1988, if the proposed amendment to Article IV, section 7 of the
state Constitution, allowing retiring judges to hear pending cases, is validly
submitted to and is approved and ratified by the voters at a general election
held in November, 1987. If the proposed amendment is not so approved
and ratified, this act shall be null and void in its entirety." [1987 c 73 § 2.]
Amendment 80 of the state Constitution, amending Article IV, section 7,
was approved by the voters November 3, 1987.
Judges pro tempore: State Constitution Art. 4 § 7.
appointments: RCW 2.56.170.
2.08.185 Attorney serving as guardian ad litem—
Disqualification as judge pro tempore or commissioner
pro tempore—Circumstances. An attorney may not serve
as a superior court judge pro tempore or a superior court
commissioner pro tempore in a judicial district while
appointed to or serving on a case in that judicial district as
a guardian ad litem for compensation under Title 11, 13, or
26 RCW, if that judicial district is contained within division
one or two of the court of appeals and has a population of
more than one hundred thousand. [1996 c 249 § 12.]
Intent—1996 c 249: See note following RCW 2.56.030.
2.08.190 Powers of judge in counties of his district.
Any judge of the superior court of the state of Washington
shall have power, in any county within his district: (1) To
sign all necessary orders and papers in probate matters
pending in any other county in his district; (2) to issue restraining orders, and to sign the necessary orders of continuance in actions or proceedings pending in any other county
in his district; (3) to decide and rule upon all motions,
demurrers, issues of fact or other matters that may have been
submitted to him in any other county. All such rulings and
decisions shall be in writing and shall be filed immediately
with the clerk of the proper county: PROVIDED, That
nothing herein contained shall authorize the judge to hear
any matter outside of the county wherein the cause or
proceeding is pending, except by consent of the parties.
[1901 c 57 § 1; RRS § 41.]
2.08.200 Decisions and rulings in matters heard
outside judge’s district. Any judge of the superior court of
the state of Washington who shall have heard any cause,
either upon motion, demurrer, issue of fact, or other matter
in any county out of his district, may decide, rule upon, and
determine the same in any county in this state, which
decision, ruling and determination shall be in writing and
shall be filed immediately with the clerk of the county where
such cause is pending. [1901 c 57 § 2; RRS § 42.]
Rules of court: Statute modified or superseded by CR 7(c).
[Title 2 RCW—page 13]
2.08.210
Title 2 RCW: Courts of Record
2.08.210 Extent of court’s process—Venue. The
process of the superior courts shall extend to all parts of the
state: PROVIDED, That all actions for the recovery of the
possession of, quieting the title to, or for the enforcement of
liens upon, real estate, shall be commenced in the county in
which the real estate, or any part thereof, affected by such
action or actions is situated. [1890 p 343 § 9; RRS § 32.]
Rules of court: Cf. CR 4(f).
Extent of process: State Constitution Art. 4 § 6 (Amendment 28).
Venue: Chapter 4.12 RCW.
2.08.220 Process, to whom directed. Unless otherwise provided by statute, all process issuing out of the court
shall be directed to the sheriff of the county in which it is to
be served, and be by him executed according to law. [1891
c 45 § 5; RRS § 35.]
2.08.230 Uniform rules to be established. The
judges of the superior courts shall, from time to time,
establish uniform rules for the government of the superior
courts. [1890 p 344 § 13; RRS § 36.]
Rule-making power, supreme court: RCW 2.04.180 through 2.04.210.
Superior court rules: State Constitution Art. 4 § 24.
Supplementary superior court rules: RCW 2.04.210.
Uniform court rules: RCW 2.16.040.
2.08.240 Limit of time for decision. Every case
submitted to a judge of a superior court for his decision shall
be decided by him within ninety days from the submission
thereof: PROVIDED, That if within said period of ninety
days a rehearing shall have been ordered, then the period
within which he is to decide shall commence at the time the
cause is submitted upon such rehearing, and upon wilful
failure of any such judge so to do, he shall be deemed to
have forfeited his office. [1890 p 344 § 12; RRS § 39.]
Decisions, when to be made: State Constitution Art. 4 § 20.
Payment of county’s portion: RCW 2.08.100.
2.08.250 Report to judges of supreme court.
Superior judges shall, on or before the first day of November
in each year, report in writing to the judges of the supreme
court, such defects and omissions in the laws as their experience may suggest. [1890 p 344 § 14; RRS § 11050.]
Annual report to supreme court: State Constitution Art. 4 § 25.
Chapter 2.10
JUDICIAL RETIREMENT SYSTEM
Sections
2.10.010
2.10.020
2.10.030
2.10.040
2.10.052
2.10.070
2.10.080
2.10.090
2.10.100
2.10.110
2.10.120
2.10.130
Short title.
Purpose.
Definitions.
System created—Coverage—Exclusions.
Retirement board abolished—Transfer of powers, duties, and
functions.
Retirement board—Duties.
Funds and securities.
Funding.
Retirement for service or age.
Service retirement allowance.
Retirement for disability—Procedure.
Retirement for disability allowance.
[Title 2 RCW—page 14]
2.10.140
2.10.144
2.10.146
2.10.155
2.10.165
2.10.170
2.10.180
2.10.190
2.10.200
2.10.210
2.10.220
2.10.230
Survivor’s benefits.
Payment of accumulated contributions or retirement allowance upon death—Election.
Election of option for payment of retirement or disability
allowance—Retirement allowance adjustment.
Suspension of retirement allowance upon employment—
Exceptions—Reinstatement—Pro tempore service.
Refund of certain contributions.
Cost of living adjustment.
Benefits exempt from taxation and judicial process—
Exceptions—Deductions for group insurance premiums.
Hearing prior to judicial review—Required—Notice.
Hearing prior to judicial review—Conduct.
Hearing prior to judicial review—No bond required.
Transfer to system—Prior service credit.
Cessation of benefits upon appointment or election to court.
2.10.010 Short title. This chapter shall be known and
cited as the Washington Judicial Retirement System Act.
[1971 ex.s. c 267 § 1.]
2.10.020 Purpose. The purpose of this chapter is to
effect a system of retirement from active service. [1971
ex.s. c 267 § 2.]
2.10.030 Definitions. (1) "Retirement system" means
the "Washington judicial retirement system" provided herein.
(2) "Judge" means a person elected or appointed to
serve as judge of a court of record as provided in chapters
2.04, 2.06, and 2.08 RCW. "Judge" does not include a
person serving as a judge pro tempore except for a judge pro
tempore appointed under RCW 2.04.240(2) or 2.06.150(2).
(3) "Retirement board" means the "Washington judicial
retirement board" established herein.
(4) "Surviving spouse" means the surviving widow or
widower of a judge. "Surviving spouse" does not include
the divorced spouse of a judge.
(5) "Retirement fund" means the "Washington judicial
retirement fund" established herein.
(6) "Beneficiary" means any person in receipt of a
retirement allowance, disability allowance or any other
benefit described herein.
(7) "Monthly salary" means the monthly salary of the
position held by the judge.
(8) "Service" means all periods of time served as a
judge, as herein defined. Any calendar month at the
beginning or end of a term in which ten or more days are
served shall be counted as a full month of service: PROVIDED, That no more than one month’s service may be
granted for any one calendar month. Only months of service
will be counted in the computation of any retirement
allowance or other benefit provided for in this chapter.
Years of service shall be determined by dividing the total
months of service by twelve. Any fraction of a year of
service as so determined shall be taken into account in the
computation of such retirement allowance or benefit.
(9) "Final average salary" means (a) for a judge in
service in the same court for a minimum of twelve consecutive months preceding the date of retirement, the salary
attached to the position held by the judge immediately prior
to retirement; (b) for any other judge, the average monthly
salary paid over the highest twenty-four month period in the
last ten years of service.
(2002 Ed.)
Judicial Retirement System
(10) "Retirement allowance" for the purpose of applying
cost of living increases or decreases includes retirement
allowances, disability allowances and survivorship benefit.
(11) "Index" means for any calendar year, that year’s
annual average consumer price index for urban wage earners
and clerical workers, all items (1957-1959 equal one
hundred) — compiled by the bureau of labor statistics,
United States department of labor.
(12) "Accumulated contributions" means the total
amount deducted from the judge’s monthly salary pursuant
to RCW 2.10.090, together with the regular interest thereon
from July 1, 1988, as determined by the director of the
department of retirement systems. [1997 c 88 § 5; 1988 c
109 § 1; 1971 ex.s. c 267 § 3.]
Effective date—1988 c 109: "This act shall take effect July 1, 1988."
[1988 c 109 § 27.]
2.10.040 System created—Coverage—Exclusions.
The Washington judicial retirement system is hereby created
for judges appointed or elected under the provisions of
chapters 2.04, 2.06, and 2.08 RCW. All judges first appointed or elected to the courts covered by these chapters on or
after August 9, 1971, and prior to July 1, 1988, shall be
members of this system: PROVIDED, That following
February 23, 1984, and until July 1, 1988, any newly elected
or appointed judge holding credit toward retirement benefits
under chapter 41.40 RCW shall be allowed thirty days from
the effective date of election or appointment to such judgeship to make an irrevocable choice filed in writing with the
department of retirement systems to continue coverage under
that chapter and to be permanently excluded from coverage
under this chapter for the current or any future term as a
judge. All judges first appointed or elected to the courts
covered by these chapters on or after July 1, 1988, shall not
be members of this system, but may become members of the
public employees’ retirement system under chapter 41.40
RCW on the same basis as other elected officials as provided
in RCW 41.40.023(3).
Any member of the retirement system who is serving as
a judge as of July 1, 1988, has the option on or before
December 31, 1989, of becoming a member of the retirement
system created in chapter 41.40 RCW, subject to the
conditions imposed by RCW 41.40.095. The option may be
exercised by making an irrevocable choice filed in writing
with the department of retirement systems to be permanently
excluded from this system for all service as a judge. In the
case of a former member of the retirement system who is
not serving as a judge on July 1, 1988, the written election
must be filed within one year after reentering service as a
judge. [1988 c 109 § 2; 1984 c 37 § 1; 1971 ex.s. c 267 §
4.]
Effective date—1988 c 109: See note following RCW 2.10.030.
Transfers to system, prior service credit: RCW 2.10.220.
2.10.052 Retirement board abolished—Transfer of
powers, duties, and functions. The Washington judicial
retirement board established by this chapter is abolished. All
powers, duties, and functions of the board are transferred to
the director of retirement systems. [1982 c 163 § 1.]
Severability—1982 c 163: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
2.10.030
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 163 § 24.]
Effective date—1982 c 163: "This act shall take effect June 30,
1982." [1982 c 163 § 25.]
2.10.070 Retirement board—Duties. The retirement
board shall perform the following duties:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial evaluation purposes;
(2) As of July 1 of every even-numbered year have an
actuarial evaluation made as to the mortality and service
experience of the beneficiaries under this chapter and the
various accounts created for the purpose of showing the
financial status of the retirement fund;
(3) Adopt for the retirement system the mortality tables
and such other tables as shall be deemed necessary;
(4) Keep a record of its proceedings, which shall be
open to inspection by the public;
(5) Serve without compensation but shall be reimbursed
for expense incident to service as individual members
thereof;
(6) From time to time adopt such rules and regulations
not inconsistent with this chapter for the administration of
this chapter and for the transaction of the business of the
board.
No member of the board shall be liable for the negligence, default or failure of any employee or of any member
of the board to perform the duties of his office and no
member of the board shall be considered or held to be an
insurer of the funds or assets of the retirement system, but
shall be liable only for his own personal default or individual
failure to perform his duties as such member and to exercise
reasonable diligence in providing for safeguarding of the
funds and assets of the system. [1971 ex.s. c 267 § 7.]
2.10.080 Funds and securities. (1) The state treasurer shall be the custodian of all funds and securities of the
retirement system. Disbursements from this fund shall be
made by the state treasurer upon receipt of duly authorized
vouchers.
(2) The state treasurer is hereby authorized and directed
to deposit any portion of the funds of the retirement system
not needed for immediate use in the same manner and
subject to all the provisions of law with respect to the
deposit of state funds by such treasurer. All investment
income earned by such portion of the retirement system’s
funds as may be deposited by the state treasurer in pursuance
of authority herewith given shall be collected by him or her
and placed to the credit of the retirement fund, less the
allocation to the state investment board expense account
pursuant to RCW 43.33A.160 and to the state treasurer’s
service fund pursuant to RCW 43.08.190.
(3) The state investment board established by RCW
43.33A.020 has full power to invest or reinvest the funds of
this system in those classes of investments authorized by
RCW 43.84.150.
(4) For the purpose of providing amounts to be used to
defray the cost of administration, the judicial retirement
board shall ascertain at the beginning of each biennium and
request from the legislature an appropriation sufficient to
cover estimated expenses for the said biennium. [1991 sp.s.
[Title 2 RCW—page 15]
2.10.080
Title 2 RCW: Courts of Record
c 13 § 114; 1981 c 3 § 22; 1973 1st ex.s. c 103 § 1; 1971
ex.s. c 267 § 8.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Intent of amendment—1981 c 3: "The amendment of RCW
2.10.080, 2.12.070, 41.26.060, 41.26.070, and 41.40.080 by this 1980 act is
intended solely to provide for the investment of state funds and is not
intended to alter the administration of the affected retirement systems by the
department of retirement systems under chapter 41.50 RCW." [1981 c 3 §
44.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 103 § 20.]
2.10.090 Funding. The total liability, as determined
by the actuary, of this system shall be funded as follows:
(1) Every judge shall have deducted from his monthly
salary an amount equal to seven and one-half percent of said
salary.
(2) The state as employer shall contribute an equal
amount on a quarterly basis.
(3) The state shall in addition guarantee the solvency of
said fund and the legislature shall make biennial appropriations from the general fund of amounts sufficient to guarantee the making of retirement payments as herein provided for
if the money in the judicial retirement fund shall become
insufficient for that purpose, but such biennial appropriation
may be conditioned that sums appropriated may not be
expended unless the money in the judicial retirement fund
shall become insufficient to meet the retirement payments.
[1971 ex.s. c 267 § 9.]
Members’ retirement contributions—Pick up by employer: RCW 41.04.445.
2.10.100 Retirement for service or age. Retirement
of a member for service shall be made by the retirement
board as follows:
(1) Any judge who, on August 9, 1971 or within one
year thereafter, shall have completed as a judge the years of
actual service required under chapter 2.12 RCW and who
shall elect to become a member of this system, shall in all
respects be deemed qualified to retire under this retirement
system upon the member’s written request.
(2) Any member who has completed fifteen or more
years of service may be retired upon the member’s written
request but shall not be eligible to receive a retirement
allowance until the member attains the age of sixty years.
(3) Any member who attains the age of seventy-five
years shall be retired at the end of the calendar year in
which the member attains such age.
(4) Any judge who involuntarily leaves service or who
is appointed to a position as a federal judge or federal
magistrate at any time after having served an aggregate of
twelve years shall be eligible to a partial retirement allowance computed according to RCW 2.10.110 and shall
receive this allowance upon the attainment of the age of
sixty years and fifteen years after the beginning of the
member’s judicial service. [1995 c 305 § 1; 1988 c 109 §
3; 1971 ex.s. c 267 § 10.]
Retroactive application—1995 c 305: "Section 1 of this act shall
apply retroactively to October 1, 1994." [1995 c 305 § 2.]
[Title 2 RCW—page 16]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.10.110 Service retirement allowance. A member
upon retirement for service shall receive a monthly retirement allowance computed according to his completed years
of service, as follows: Ten years, but less than fifteen years,
three percent of his final average salary for each year of
service; fifteen years and over, three and one-half percent of
his final average salary for each year of service: PROVIDED, That in no case shall any retired member receive more
than seventy-five percent of his final salary except as increased as a result of the cost of living increases as provided
by this chapter. [1971 ex.s. c 267 § 11.]
2.10.120 Retirement for disability—Procedure. (1)
Any judge who has served as a judge for a period of ten or
more years, and who shall believe he has become physically
or otherwise permanently incapacitated for the full and
efficient performance of the duties of his office, may file
with the retirement board an application in writing, asking
for retirement. Upon receipt of such application the retirement board shall appoint one or more physicians of skill and
repute, duly licensed to practice their professions in the state
of Washington, who shall, within fifteen days thereafter, for
such compensation as may be fixed by the board, to be paid
out of the fund herein created, examine said judge and report
in writing to the board their findings in the matter. If the
physicians appointed by the board find the judge to be so
disabled and the retirement board concurs in this finding the
judge shall be retired.
(2) The retirement for disability of a judge, who has
served as a judge for a period of ten or more years, by the
supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No.
37, approved by the voters November 4, 1980), with the
concurrence of the retirement board, shall be considered a
retirement under subsection (1) of this section. [1982 c 18
§ 1; 1971 ex.s. c 267 § 12.]
Reviser’s note: House Joint Resolution No. 37, approved by the
voters November 4, 1980, became Amendment 71 to the state Constitution.
2.10.130 Retirement for disability allowance. Upon
a judge being retired for disability as provided in RCW
2.10.120, he shall receive from the fund an amount equal to
one-half of his final average salary. [1971 ex.s. c 267 § 13.]
2.10.140 Survivor’s benefits. (1) A surviving spouse
of any judge holding such office, or if he dies after having
retired and who, at the time of his death, has served ten or
more years in the aggregate, shall receive a monthly allowance equal to fifty percent of the retirement allowance the
retired judge was receiving, or fifty percent of the retirement
allowance the active judge would have received had he been
retired on the date of his death, but in no event less than
twenty-five percent of the final average salary that the
deceased judge was receiving: PROVIDED, That said
surviving spouse had been married to the judge for a
minimum of two years at time of death.
(2) A judge holding office on July 1, 1988, may make
an irrevocable choice to relinquish the survivor benefits
provided by this section in exchange for the survivor benefits
(2002 Ed.)
Judicial Retirement System
provided by RCW 2.10.144 and 2.10.146 by indicating the
choice in a written declaration submitted to the department
of retirement systems by December 31, 1988.
(3) The surviving spouse of any judge who died in
office after January 1, 1986, but before July 1, 1988, may
elect to receive the survivor benefit provided in RCW
2.10.144(1). [1988 c 109 § 7; 1984 c 37 § 2; 1971 ex.s. c
267 § 14.]
Application—1988 c 109 § 7(1): "The amendment to RCW
2.10.140(1) in section 7(1), chapter 109, Laws of 1988 shall apply on a
retroactive basis to the surviving spouse of any judge who retired before
July 1, 1988, if the surviving spouse had not remarried before July 1, 1988."
[1989 c 139 § 1.]
Effective date—1988 c 109: See note following RCW 2.10.030
Application—1984 c 37 § 2: "Section 2 of this 1984 act applies in
respect to each surviving spouse who first applies for benefits under RCW
2.10.140 after January 1, 1984." [1984 c 37 § 3.]
2.10.144 Payment of accumulated contributions or
retirement allowance upon death—Election. (1) If a judge
dies before the date of retirement, the amount of the accumulated contributions standing to the judge’s credit at the
time of death shall be paid to the member’s estate, or such
person or persons, trust, or organization as the judge has
nominated by written designation duly executed and filed
with the department of retirement systems. If there is no
such designated person or persons still living at the time of
the judge’s death, or if the judge fails to file a new beneficiary designation subsequent to marriage, remarriage,
dissolution of marriage, divorce, or reestablishment of
membership following termination by withdrawal or retirement, the judge’s credited accumulated contributions shall be
paid to the surviving spouse as if in fact the spouse had been
nominated by written designation or, if there is no such
surviving spouse, then to the judge’s legal representatives.
(2) Upon the death in service of any judge who is
qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of
death, the designated beneficiary, or the surviving spouse as
provided in subsection (1) of this section, may elect to waive
the payment provided by subsection (1) of this section.
Upon such an election, a joint and one hundred percent survivor option under RCW 2.10.146 shall automatically be
given effect as if selected for the benefit of the surviving
spouse or dependent who is the designated beneficiary,
except that if the judge is not then qualified for a service retirement allowance, the option II benefit shall be based upon
the actuarial equivalent of the sum necessary to pay the
accrued regular retirement allowance commencing when the
deceased judge would have first qualified for a service retirement allowance. However, subsection (1) of this section,
unless elected, shall not apply to any judge who has applied
for a service retirement and thereafter dies between the date
of separation from service and the judge’s effective retirement date, where the judge has selected a survivorship
option under RCW 2.10.146(1)(b). In those cases, the
beneficiary named in the judge’s final application for service
retirement may elect to receive either a cash refund or
monthly payments according to the option selected by the
judge. [1995 c 144 § 20; 1990 c 249 § 13; 1988 c 109 § 8.]
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—1988 c 109: See note following RCW 2.10.030.
(2002 Ed.)
2.10.140
2.10.146 Election of option for payment of retirement or disability allowance—Retirement allowance
adjustment. (1) Upon making application for a service
retirement allowance under RCW 2.10.100 or a disability
allowance under RCW 2.10.120, a judge who is eligible
therefor shall make an election as to the manner in which
such service retirement shall be paid from among the
following designated options, calculated so as to be
actuarially equivalent to each other:
(a) Standard allowance. A member selecting this option
shall receive a retirement allowance, which shall be computed as provided in RCW 2.10.110. The retirement allowance
shall be payable throughout the judge’s life. However, if the
judge dies before the total of the retirement allowance paid
to the judge equals the amount of the judge’s accumulated
contributions at the time of retirement, then the balance shall
be paid to the member’s estate, or such person or persons,
trust, or organization as the judge has nominated by written
designation duly executed and filed with the department of
retirement systems or, if there is no such designated person
or persons still living at the time of the judge’s death, then
to the surviving spouse or, if there is neither such designated
person or persons still living at the time of death nor a
surviving spouse, then to the judge’s legal representative.
(b) The department shall adopt rules that allow a judge
to select a retirement option that pays the judge a reduced
retirement allowance and upon death, such portion of the
judge’s reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the judge by written designation duly executed and filed
with the department at the time of retirement. The options
adopted by the department shall include, but are not limited
to, a joint and one hundred percent survivor option and a
joint and fifty percent survivor option.
(2)(a) A judge, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
judge is married and both the judge and the judge’s spouse
do not give written consent to an option under this section,
the department will pay the judge a joint and fifty percent
survivor benefit and record the judge’s spouse as the
beneficiary. Such benefit shall be calculated to be
actuarially equivalent to the benefit options available under
subsection (1) of this section unless spousal consent is not
required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a
survivor beneficiary under RCW 41.50.790 has been filed
with the department at least thirty days prior to a member’s
retirement:
(i) The department shall honor the designation as if
made by the member under subsection (1) of this section;
and
(ii) The spousal consent provisions of (a) of this
subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree’s designated beneficiary predeceases or
has predeceased the retiree; and
[Title 2 RCW—page 17]
2.10.146
Title 2 RCW: Courts of Record
(ii) The retiree provides to the department proper proof
of the designated beneficiary’s death.
(b) The retirement allowance payable to the retiree, as
of July 1, 1998, or the date of the designated beneficiary’s
death, whichever comes last, shall be increased by the
percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the
following:
(i) One hundred percent multiplied by the result of
(c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date
of the designated beneficiary’s death or from July 1, 1998,
whichever comes last. [1998 c 340 § 4; 1996 c 175 § 2;
1995 c 144 § 21; 1990 c 249 § 2; 1988 c 109 § 9.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: "The legislature finds that:
(1) It would be advantageous for some retirees to have survivorship
options available other than the options currently listed in statute. Allowing
the department of retirement systems to adopt several different survivor
options will assist retirees in their financial planning; and
(2) Disabled members of the retirement systems listed in RCW
41.50.030, except for members of the law enforcement officers’ and fire
fighters’ retirement system plan 1, must forfeit any right to leave a benefit
to their survivors if they wish to go on disability retirement. This results
in some disabled workers holding onto their jobs in order to provide for
their dependents. The provisions of this act allow members to go on
disability retirement while still providing for their survivors." [1990 c 249
§ 1.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.10.155 Suspension of retirement allowance upon
employment—Exceptions—Reinstatement—Pro tempore
service. (1) No judge shall be eligible to receive the judge’s
monthly service or disability retirement allowance if the
retired judge is employed:
(a) For more than eight hundred ten hours in a calendar
year as a pro tempore judge; or
(b) In an eligible position as defined in RCW 41.40.010
or 41.32.010, or as a law enforcement officer or fire fighter
as defined in RCW 41.26.030.
(2) Subsection (1) of this section notwithstanding, a
previously elected judge of the superior court who retired
before June 7, 1990, leaving a pending case in which the
judge had made discretionary rulings may hear the pending
case as a judge pro tempore without having his or her retirement allowance suspended.
(3) If a retired judge’s benefits have been suspended
under this section, his or her benefits shall be reinstated
when the retiree terminates the employment that caused his
or her benefits to be suspended. Upon reinstatement, the
retired judge’s benefits shall be actuarially recomputed
pursuant to the rules adopted by the department.
(4) The department shall adopt rules implementing this
section. [1990 c 274 § 14; 1988 c 109 § 10.]
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Effective date—1988 c 109: See note following RCW 2.10.030.
[Title 2 RCW—page 18]
2.10.165 Refund of certain contributions. If a judge
who was a member of this system left the system before
July 1, 1988, and neither the judge nor the judge’s surviving
spouse: (1) Was eligible at that time to receive a benefit
under this chapter; or (2) has received an amount under a
sundry claims appropriation from the state legislature
intended as a refund of the judge’s contributions paid under
RCW 2.10.090(1); then the judge or the judge’s surviving
spouse may apply to the department for and receive a refund
of such contributions. [1991 c 159 § 1.]
2.10.170 Cost of living adjustment. Effective July 1,
1972, and of each succeeding year, every retirement allowance which has been in effect for one year or more shall be
adjusted to that dollar amount which bears the ratio to its
original dollar amount which the retirement board finds to
exist between the index for the previous calendar year and
the index for the calendar year prior to the date the retirement allowance became payable: PROVIDED, That the
amount of increase or decrease in any one year shall not
exceed three percent of the then payable retirement allowance: AND PROVIDED FURTHER, That this cost of living
adjustment shall not reduce any pension below that amount
which was payable at time of retirement. [1971 ex.s. c 267
§ 17.]
2.10.180 Benefits exempt from taxation and judicial
process—Exceptions—Deductions for group insurance
premiums. (1) Except as provided in subsections (2), (3),
and (4) of this section, the right of a person to a retirement
allowance, disability allowance, or death benefit, the retirement, disability or death allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter, are hereby exempt from any
state, county, municipal, or other local tax and shall not be
subject to execution, garnishment, or any other process of
law whatsoever.
(2) Subsection (1) of this section shall not be deemed to
prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the
benefit of a group comprised of public employees of the
state of Washington.
(3) Deductions made in the past from retirement benefits
are hereby expressly recognized, ratified, and affirmed.
Future deductions may only be made in accordance with this
section.
(4) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a)
a wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) a notice of payroll deduction issued
under chapter 26.23 RCW, (c) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (d) a
mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an
obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and
41.50.700, or (f) any administrative or court order expressly
authorized by federal law. [1991 c 365 § 18; 1989 c 360 §
(2002 Ed.)
Judicial Retirement System
22; 1987 c 326 § 17; 1982 1st ex.s. c 52 § 1; 1979 ex.s. c
205 § 1; 1971 ex.s. c 267 § 18.]
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: "(1) Sections 9 and 34 of this
act are necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect immediately.
(2) The remainder of this act shall take effect July 1, 1982." [1982 1st
ex.s. c 52 § 37.]
2.10.190 Hearing prior to judicial review—
Required—Notice. Any person aggrieved by any final
decision of the retirement board must, before petitioning for
judicial review, file with the director of the retirement
system by mail or personally within sixty days from the day
such decision was communicated to such person, a notice for
a hearing before the retirement board. The notice of hearing
shall set forth in full detail the grounds upon which such
person considers such decision unjust or unlawful and shall
include every issue to be considered by the retirement board,
and it must contain a detailed statement of facts upon which
such person relies in support thereof. Such persons shall be
deemed to have waived all objections or irregularities
concerning the matter on which such appeal is taken other
than those records of the retirement system. [1971 ex.s. c
267 § 19.]
2.10.200 Hearing prior to judicial review—Conduct.
A hearing shall be held by the department of retirement
systems, or an authorized representative, in the county of the
residence of the claimant at a time and place designated by
the director. Such hearings shall be de novo and shall
conform to the provisions of chapter 34.05 RCW. The
retirement system may appear in all such proceedings and
introduce testimony in support of the decision. Judicial
review of any final decision by the director is governed by
the provisions of chapter 34.05 RCW. [1989 c 175 § 37;
1971 ex.s. c 267 § 20.]
Effective date—1989 c 175: See note following RCW 34.05.010.
2.10.210 Hearing prior to judicial review—No bond
required. No bond of any kind shall be required of a
claimant appealing to the superior court, the court of appeals,
or the supreme court from a finding of the retirement board
affecting such claimant’s right to retirement or disability
benefits. [1971 ex.s. c 267 § 21.]
2.10.220 Transfer to system—Prior service credit.
(1) Any member of the Washington public employees’
retirement system who is eligible to participate in the judicial
retirement system may, by written request filed with the
retirement boards of the two systems respectively, transfer
such membership to the judicial retirement system. Upon
the receipt of such request, the board of the Washington
public employees’ retirement system shall transfer to the
board of the Washington judicial retirement system (a) all
employee’s contributions and interest thereon belonging to
such member in the employees’ savings fund and all
employer’s contributions credited or attributed to such
member in the benefit account fund and (b) a record of
(2002 Ed.)
2.10.180
service credited to such member. One-half of such service
shall be computed and not more than nine years shall be
credited to such member as though such service was performed as a member of the judicial retirement system. Upon
such transfer being made the state treasurer shall deposit
such moneys in the judicial retirement fund. In the event
that any such member should terminate judicial service prior
to his entitlement to retirement benefits under any of the
provisions of this chapter, he shall upon request therefor be
repaid from the judicial retirement fund an amount equal to
the amount of his employee’s contributions to the Washington public employees’ retirement system and interest plus
interest thereon from the date of the transfer of such moneys.
(2) Any member of the judicial retirement system who
was formerly a member of the Washington public
employees’ retirement system with membership service
credit of not less than six years but who has terminated his
membership therein under the provisions of chapter 41.40
RCW, may reinstate his membership in the Washington
public employees’ retirement system, for the sole purpose of
qualifying for a transfer of membership in the judicial
retirement system in accordance with subsection (1) above
by making full restoration of all withdrawn funds to the
employees’ savings fund prior to July 1, 1980. Upon
reinstatement in accordance with this subsection, the provisions of subsection (1) and the provisions of RCW
41.40.023(3) shall then be applicable to the reinstated
member in the same manner and to the same extent as they
are to the present members of the Washington public
employees’ retirement system who are eligible to participate
in the judicial retirement system.
(3) Any member of the judicial retirement system who
has served as a judge for one or more years and who has
rendered service for the state of Washington, or any political
subdivision thereof, prior to October 1, 1947, or the time of
the admission of the employer into the Washington public
employees’ retirement system, may—upon his payment into
the judicial retirement fund of a sum equal to five percent of
his compensation earned for such prior public service—
request and shall be entitled to have one-half of such service
computed and not more than six years immediately credited
to such member as though such service had been performed
as a member of the judicial retirement system, provided that
any such prior service so credited shall not be claimed for
any pension system other than a judicial retirement system.
[1980 c 7 § 1; 1971 ex.s. c 267 § 22.]
Transfers to system by those covered under chapter 2.12 RCW: RCW
2.10.040.
2.10.230 Cessation of benefits upon appointment or
election to court. Any person receiving retirement benefits
from this system who is appointed or elected to a court
under chapter 2.04, 2.06, or 2.08 RCW shall upon the first
day of entering such office become a member of this system
and his or her retirement benefits shall cease. Pro tempore
service as a judge of a court of record shall not constitute
appointment as that term is used in this section. Upon
leaving such office, a person shall have his or her benefits
recomputed or restored, as determined in this chapter:
PROVIDED, That no such person shall receive a benefit less
than that which was being paid at the time his or her benefit
ceased. [1988 c 109 § 4.]
[Title 2 RCW—page 19]
2.10.230
Title 2 RCW: Courts of Record
Effective date—1988 c 109: See note following RCW 2.10.030.
Chapter 2.12
RETIREMENT OF JUDGES—
RETIREMENT SYSTEM
Sections
2.12.010
2.12.012
Retirement for service or age.
Partial pension for less than eighteen years service—When
authorized, amount.
2.12.015
Additional pension for more than eighteen years service—
Amount.
2.12.020
Retirement for disability.
2.12.030
Amount and time of payment—Surviving spouse’s benefit.
2.12.035
Retirement pay of certain justices or judges retiring prior to
December 1, 1968—Widow’s benefits.
2.12.037
Adjustment of pension of retired judges or widows.
2.12.040
Service after retirement.
2.12.045
Minimum monthly benefit—Post-retirement adjustment—
Computation.
2.12.046
Monthly benefit—Post-retirement adjustment—Computation.
2.12.048
Refund of certain contributions.
2.12.050
Judges’ retirement fund—Created—Contents—Custodian—
Records.
2.12.060
Fund—Constitution—Salary deductions—Aid.
2.12.090
Benefits exempt from taxation and judicial process—
Exceptions—Deductions for group insurance premiums.
2.12.100
Transfer of membership from Washington public employees’
retirement system to judges’ retirement system—
Authorized—Procedure.
2.12.900
Construction—Gender.
Judicial retirement system—1971 act: Chapter 2.10 RCW.
Retirement of judges: State Constitution Art. 4 § 3(a) (Amendment 25).
2.12.010 Retirement for service or age. Any judge
of the supreme court, court of appeals, or superior court of
the state of Washington who heretofore and/or hereafter shall
have served as a judge of any such courts for eighteen years
in the aggregate or who shall have served ten years in the
aggregate and shall have attained the age of seventy years or
more may, during or at the expiration of his term of office,
in accordance with the provisions of this chapter, be retired
and receive the retirement pay herein provided for. In
computing such term of service, there shall be counted the
time spent by such judge in active service in the armed
forces of the United States of America, under leave of
absence from his judicial duties as provided for under chapter 201, Laws of 1941: PROVIDED, HOWEVER, That in
computing such credit for such service in the armed forces
of the United States of America no allowance shall be made
for service beyond the date of the expiration of the term for
which such judge was elected. Any judge desiring to retire
under the provisions of this section shall file with the
director of retirement systems, a notice in duplicate in
writing, verified by his affidavit, fixing a date when he
desires his retirement to commence, one copy of which the
director shall forthwith file with the administrator for the
courts. The notice shall state his name, the court or courts
of which he has served as judge, the period of service thereon and the dates of such service. [1982 1st ex.s. c 52 § 2;
1973 c 106 § 4; 1971 c 30 § 1; 1943 c 221 § 1; 1937 c 229
§ 1; Rem. Supp. 1943 § 11054-1.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
[Title 2 RCW—page 20]
Construction—1971 c 30: "The provisions of this 1971 amendatory
act shall be construed in accordance with RCW 2.06.100 which provides for
the retirement of judges of the court of appeals." [1971 c 30 § 7.]
Severability—1937 c 229: "If any section or provision of this act
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the act as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional." [1937 c 229 § 10; RRS
§ 11054-10.] This applies to RCW 2.12.010, 2.12.020, 2.12.030, and
2.12.040 through 2.12.070.
2.12.012 Partial pension for less than eighteen years
service—When authorized, amount. Any judge of the
supreme court, court of appeals, or superior court of this
state who shall leave judicial service at any time after having
served as a judge of any of such courts for an aggregate of
twelve years shall be eligible to a partial retirement pension
in a percentage of the pension provided in this chapter as
determined by the proportion his years of judicial service
bears to eighteen and shall receive the same upon attainment
of age seventy, or eighteen years after the commencement of
such judicial service, whichever shall occur first. [1971 c 30
§ 2; 1961 c 286 § 1.]
Construction—1971 c 30: See note following RCW 2.12.010.
2.12.015 Additional pension for more than eighteen
years service—Amount. In the event any judge of the
supreme court, court of appeals, or superior court of the state
serves more than eighteen years in the aggregate as computed under RCW 2.12.010, he shall receive in addition to any
other pension benefits to which he may be entitled under this
chapter, an additional pension benefit based upon oneeighteenth of his salary for each year of full service after
eighteen years, provided his total pension shall not exceed
seventy-five percent of the monthly salary he was receiving
as a judge at the time of his retirement. [1971 c 30 § 3;
1961 c 286 § 2.]
Construction—1971 c 30: See note following RCW 2.12.010.
2.12.020 Retirement for disability. (1) Any judge of
the supreme court, court of appeals, or superior court of the
state of Washington, who heretofore and/or hereafter shall
have served as a judge of any such courts for a period of ten
years in the aggregate, and who shall believe he has become
physically or otherwise permanently incapacitated for the full
and efficient performance of the duties of his office, may file
with the director of retirement systems an application in
duplicate in writing, asking for retirement, which application
shall be signed and verified by the affidavit of the applicant
or by someone in his behalf and which shall set forth his
name, the office then held, the court or courts of which he
has served as judge, the period of service thereon, the dates
of such service and the reasons why he believes himself to
be, or why they believe him to be incapacitated. Upon filing
of such application the director shall forthwith transmit a
copy thereof to the governor who shall appoint three
physicians of skill and repute, duly licensed to practice their
professions in the state of Washington, who shall, within
fifteen days thereafter, for such compensation as may be
fixed by the governor, to be paid out of the fund hereinafter
created, examine said judge and report, in writing, to the
governor their findings in the matter. If a majority of such
physicians shall report that in their opinion said judge has
(2002 Ed.)
Retirement of Judges—Retirement System
become permanently incapacitated for the full and efficient
performance of the duties of his office, and if the governor
shall approve such report, he shall file the report, with his
approval endorsed thereon, in the office of the director and
a duplicate copy thereof with the administrator for the
courts, and from the date of such filing the applicant shall be
deemed to have retired from office and be entitled to the
benefits of this chapter to the same extent as if he had
retired under the provisions of RCW 2.12.010.
(2) The retirement for disability of a judge, who has
served as a judge of the supreme court, court of appeals, or
superior court of the state of Washington for a period of ten
years in the aggregate, by the supreme court under Article
IV, section 31 of the Constitution of the state of Washington
(House Joint Resolution No. 37, approved by the voters
November 4, 1980), with the concurrence of the retirement
board, shall be considered a retirement under subsection (1)
of this section. [1982 1st ex.s. c 52 § 3; 1982 c 18 § 2;
1973 c 106 § 5; 1971 c 30 § 4; 1937 c 229 § 2; RRS §
11054-2.]
Reviser’s note: House Joint Resolution No. 37, approved by the
voters November 4, 1980, became Amendment 71 to the state Constitution.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1971 c 30: See note following RCW 2.12.010.
2.12.030 Amount and time of payment—Surviving
spouse’s benefit. Supreme court, court of appeals, or
superior court judges of the state who retire from office
under the provisions of this chapter other than as provided
in RCW 2.12.012 shall be entitled to receive monthly during
the period of their natural life, out of the fund hereinafter
created, an amount equal to one-half of the monthly salary
they were receiving as a judge at the time of their retirement, or at the end of the term immediately prior to their
retirement if their retirement is made after expiration of their
term. The surviving spouse of any judge who shall have
heretofore retired or may hereafter retire, or of a judge who
was heretofore or may hereafter be eligible for retirement at
the time of death, if the surviving spouse had been married
to the judge for three years, if the surviving spouse had been
married to the judge prior to retirement, shall be paid an
amount equal to one-half of the retirement pay of the judge,
as long as such surviving spouse remains unmarried. The
retirement pay shall be paid monthly by the state treasurer
on or before the tenth day of each month. The provisions of
this section shall apply to the surviving spouse of any judge
who dies while holding such office or dies after having
retired under the provisions of this chapter and who at the
time of death had served ten or more years in the aggregate
as a judge of the supreme court, court of appeals, or superior
court or any of such courts, or had served an aggregate of
twelve years in the supreme court, court of appeals, or
superior court if such pension rights are based upon RCW
2.12.012. [1973 1st ex.s. c 154 § 1; 1971 c 30 § 5; 1961 c
286 § 3; 1957 c 243 § 1; 1951 c 79 § 1; 1945 c 19 § 1;
1937 c 229 § 3; RRS § 11054-3.]
Severability—1973 1st ex.s. c 154: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 154 § 130.]
Construction—1971 c 30: See note following RCW 2.12.010.
(2002 Ed.)
2.12.020
2.12.035 Retirement pay of certain justices or
judges retiring prior to December 1, 1968—Widow’s
benefits. The retirement pay or pension of any justice of the
supreme or judge of any superior court of the state who was
in office on August 6, 1965, and who retired prior to
December 1, 1968, or who would have been eligible to retire
at the time of death prior to December 1, 1968, shall be
based, effective December 1, 1968, upon the annual salary
which was being prescribed by the statute in effect for the
office of justice of the supreme court or for the office of
judge of the superior court, respectively, at the time of his
retirement or at the end of the term immediately prior to his
retirement if his retirement was made after expiration of his
term or at the time of his death if he died prior to retirement.
The widow’s benefit for the widow of any such justice or
judge as provided for in RCW 2.12.030 shall be based,
effective December 1, 1968, upon such retirement pay.
[1971 c 81 § 7; 1969 ex.s. c 202 § 1.]
2.12.037 Adjustment of pension of retired judges or
widows. (1) "Index" for the purposes of this section, shall
mean, for any calendar year, that year’s annual average
consumer price index for urban wage earners and clerical
workers, all items (1957-1959 equal one hundred) compiled
by the Bureau of Labor Statistics, United States Department
of Labor;
(2) Effective July 1, 1970, every pension computed and
payable under the provisions of RCW 2.12.030 to any retired
judge or to his widow which does not exceed four hundred
fifty dollars per month shall be adjusted to that dollar
amount which bears the ratio of its original dollar amount
which is found to exist between the index for 1969 and the
index for the calendar year prior to the effective retirement
date of the person to whom, or on behalf of whom, such
retirement allowance is being paid. [1970 ex.s. c 96 § 1.]
2.12.040 Service after retirement. If any retired
judge shall accept an appointment or an election to a judicial
office, he shall be entitled to receive the full salary pertaining thereto, and his retirement pay under this chapter shall
be suspended during such term of office and his salary then
received shall be subject to contribution to the judges’
retirement fund as provided in this chapter. [1955 c 38 § 6;
1943 c 37 § 1; 1937 c 229 § 4; Rem. Supp. 1943 § 110544.]
2.12.045 Minimum monthly benefit—Post-retirement adjustment—Computation. (1) Notwithstanding any
provision of law to the contrary, effective July 1, 1979, no
person receiving a monthly benefit pursuant to this chapter
shall receive a monthly benefit of less than ten dollars per
month for each year of service creditable to the person
whose service is the basis of the retirement allowance. Portions of a year shall be treated as fractions of a year and the
decimal equivalent shall be multiplied by ten dollars. Where
the monthly benefit was adjusted at the time benefit payments to the beneficiary commenced, the minimum benefit
provided in this section shall be adjusted in a manner
consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each
[Title 2 RCW—page 21]
2.12.045
Title 2 RCW: Courts of Record
person who either is receiving benefits pursuant to RCW
2.12.020 or 2.12.030 as of December 31, 1978, or commenced receiving a monthly benefit under this chapter as of
a date no later than July 1, 1974, shall be permanently
increased by a post-retirement adjustment. This adjustment
shall be in lieu of any adjustments provided under RCW
2.12.037 as of July 1, 1979, or July 1, 1980, for the affected
persons. Such adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and
subsection (1) of this section are both applicable shall be
determined by first applying subsection (1) and then applying this subsection. The department shall determine the total
years of creditable service and the total dollar benefit base
accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this
subsection applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall
then be a post-retirement increase factor which shall be
applied as specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall
receive an increase which is the product of the factor
determined in (b) of this subsection multiplied by the years
of creditable service. [1979 ex.s. c 96 § 4.]
2.12.046 Monthly benefit—Post-retirement adjustment—Computation. Notwithstanding any provision of law
to the contrary, effective July 1, 1983, the monthly benefit
of each person who either is receiving benefits pursuant to
RCW 2.12.020 or 2.12.030 as of December 31, 1982, or
commenced receiving a monthly benefit under this chapter
as of a date no later than July 1, 1978, shall be permanently
increased by a post-retirement adjustment of $.74 per month
for each year of creditable service the judge established with
the retirement system. Any fraction of a year of service
shall be counted in the computation of the post-retirement
adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 2.12.037 as of July 1, 1983, or
July 1, 1984, for the affected persons. [1983 1st ex.s. c 56
§ 1.]
Effective date—1983 1st ex.s. c 56: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1983." [1983 1st ex.s. c 56 § 7.]
2.12.048 Refund of certain contributions. If a judge
who was a member of this system left the system before
July 1, 1988, and neither the judge nor the judge’s surviving
spouse: (1) Was eligible at that time to receive a benefit
under this chapter; or (2) has received an amount under a
sundry claims appropriation from the state legislature
intended as a refund of the judge’s contributions paid under
RCW 2.12.060; then the judge or the judge’s surviving
spouse may apply to the department for and receive a refund
of such contributions. [1991 c 159 § 2.]
2.12.050 Judges’ retirement fund—Created—
Contents—Custodian—Records. There is hereby created
a fund in the state treasury to be known as "The Judges’
[Title 2 RCW—page 22]
Retirement Fund" which shall consist of the moneys appropriated from the general fund in the state treasury, as
hereinafter provided; the deductions from salaries of judges,
as hereinafter provided, all gifts, donations, bequests and
devises made for the benefit of said fund, and the rents,
issues and profits thereof, or proceeds of sales of assets
thereof. The state treasurer shall be treasurer, ex officio, of
this fund. The treasurer shall be custodian of the moneys in
said judges’ retirement fund. The department of retirement
systems shall receive all moneys payable into said fund and
make disbursements therefrom as provided in this chapter.
The department shall keep written permanent records
showing all receipts and disbursements of said fund. [1982
1st ex.s. c 52 § 4; 1977 c 75 § 1; 1977 c 18 § 1; 1967 c 28
§ 1; 1959 c 192 § 1; 1937 c 229 § 5; RRS § 11054-5.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
2.12.060 Fund—Constitution—Salary deductions—
Aid. For the purpose of providing moneys in said judges’
retirement fund, concurrent monthly deductions from judges’
salaries and portions thereof payable from the state treasury
and withdrawals from the general fund of the state treasury
shall be made as follows: Six and one-half percent shall be
deducted from the monthly salary of each justice of the
supreme court, six and one-half percent shall be deducted
from the monthly salary of each judge of the court of
appeals, and six and one-half percent of the total salaries of
each judge of the superior court shall be deducted from that
portion of the salary of such justices or judges payable from
the state treasury; and a sum equal to six and one-half
percent of the combined salaries of the justices of the
supreme court, the judges of the court of appeals, and the
judges of the superior court shall be withdrawn from the
general fund of the state treasury. In consideration of the
contributions made by the judges and justices to the judges’
retirement fund, the state hereby undertakes to guarantee the
solvency of said fund and the legislature shall make biennial
appropriations from the general fund of amounts sufficient
to guarantee the making of retirement payments as herein
provided for if the money in the judges’ retirement fund
shall become insufficient for that purpose, but such biennial
appropriation may be conditioned that sums appropriated
may not be expended unless the money in the judges’
retirement fund shall become insufficient to meet the
retirement payments. The deductions and withdrawals herein
directed shall be made on or before the tenth day of each
month and shall be based on the salaries of the next preceding calendar month. The administrator for the courts shall
issue warrants payable to the treasurer to accomplish the
deductions and withdrawals herein directed, and shall issue
the monthly salary warrants of the judges and justices for the
amount of salary payable from the state treasury after such
deductions have been made. The treasurer shall cash the
warrants made payable to him hereunder and place the
proceeds thereof in the judges’ retirement fund for disbursement as authorized in this chapter. [1973 c 106 § 6; 1973
c 37 § 1. Prior: 1971 c 81 § 8; 1971 c 30 § 6; 1957 c 243
§ 2; 1951 c 79 § 2; 1945 c 19 § 2; 1937 c 229 § 6; Rem.
Supp. 1945 § 11054-6.]
Construction—1971 c 30: See note following RCW 2.12.010.
(2002 Ed.)
Retirement of Judges—Retirement System
Members’ retirement contributions—Pick up by employer: RCW 41.04.445.
2.12.090 Benefits exempt from taxation and judicial
process—Exceptions—Deductions for group insurance
premiums. (1) Except as provided in subsections (2), (3),
and (4) of this section, the right of any person to a retirement allowance or optional retirement allowance under the
provisions of this chapter and all moneys and investments
and income thereof are exempt from any state, county,
municipal, or other local tax and shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or the insolvency laws, or other processes of law
whatsoever and shall be unassignable except as herein
specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a)
a wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) a notice of payroll deduction issued
under chapter 26.23 RCW, (c) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (d) a
mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an
obligee under a dissolution order as defined in RCW
41.50.500(3) which fully complies with RCW 41.50.670 and
41.50.700, or (f) any administrative or court order expressly
authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to
prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the
benefit of a group comprised of public employees of the
state of Washington.
(4) Deductions made in the past from retirement benefits
are hereby expressly recognized, ratified, and affirmed.
Future deductions may only be made in accordance with this
section. [1991 c 365 § 19; 1989 c 360 § 23; 1987 c 326 §
18; 1982 1st ex.s. c 52 § 32.]
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
2.12.100 Transfer of membership from Washington
public employees’ retirement system to judges’ retirement system—Authorized—Procedure. Any member of
the Washington public employees’ retirement system who is
eligible to participate in the judges’ retirement system, may
by written request filed with the director and custodian of
the two systems respectively, transfer such membership to
the judges’ retirement system. Upon the receipt of such
request, the director of the Washington public employees’
retirement system shall transfer to the state treasurer (1) all
employees’ contributions and interest thereon belonging to
such member in the employees’ savings fund and all
employers’ contributions credited or attributed to such
member in the benefit account fund and (2) a record of
service credited to such member. One-half of such service
but not in excess of twelve years shall be computed and
credited to such member as though such service was performed as a member of the judges’ retirement system. Upon
(2002 Ed.)
2.12.060
such transfer being made the state treasurer shall deposit
such moneys in the judges’ retirement fund. In the event
that any such member should terminate judicial service prior
to his entitlement to retirement benefits under any of the
provisions of chapter 2.12 RCW, he shall upon request
therefor be repaid from the judges’ retirement fund an
amount equal to the amount of his employees’ contributions
to the Washington public employees’ retirement system and
interest plus interest thereon from the date of the transfer of
such moneys: PROVIDED, HOWEVER, That this section
shall not apply to any person who is retired as a judge as of
February 20, 1970. [1970 ex.s. c 96 § 2.]
2.12.900 Construction—Gender. Whenever words
importing the masculine gender are used in the provisions of
this chapter they may be extended to females also as
provided in RCW 1.12.050 and whenever words importing
the feminine gender are used in the provisions of this chapter
they may be extended to males. [1971 c 30 § 8.]
Chapter 2.14
RETIREMENT OF JUDGES—
SUPPLEMENTAL RETIREMENT
Sections
2.14.010
2.14.020
2.14.030
2.14.040
2.14.050
2.14.060
2.14.070
2.14.080
2.14.090
2.14.100
2.14.110
Purpose.
Definitions.
Judicial retirement account plan established.
Administration of plan.
Administrator—Discharge of duties.
Judicial retirement principal account—Creation—Transfer of
deficiencies—Contributions—Use.
Judicial retirement administrative account—Creation—Use—
Excess balance—Deficiencies.
Duties of administrator—Investments and earnings.
Funding of plan—Contributions.
Contributions—Distribution upon member’s separation—
Exemptions from state and local tax—Exempt from
execution.
Payment of contributions upon member’s death.
2.14.010 Purpose. (1) The purpose of this chapter is
to provide a supplemental retirement benefit to judges who
are elected or appointed under chapter 2.04, 2.06, or 2.08
RCW and who are members of the public employees’ retirement system for their service as a judge.
(2) This chapter may be known and cited as the judicial
retirement account act. [1988 c 109 § 12.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Plan" means the judicial retirement account plan.
(2) "Principal account" means the judicial retirement
principal account.
(3) "Member" means a judge participating in the judicial
retirement account plan.
(4) "Administrative account" means the judicial retirement administrative account.
(5) "Accumulated contributions" means the total amount
contributed to a member’s account under RCW 2.14.090 (1)
and (2), together with any interest and earnings that have
been credited to the member’s account. [1988 c 109 § 13.]
[Title 2 RCW—page 23]
2.14.020
Title 2 RCW: Courts of Record
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.030 Judicial retirement account plan established. The judicial retirement account plan is established
for judges appointed or elected under chapter 2.04, 2.06, or
2.08 RCW and who are members of the public employees’
retirement system for their service as a judge. [1988 c 109
§ 14.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.040 Administration of plan. The administrator
for the courts, under the direction of the board for judicial
administration, shall administer the plan. The administrator
shall:
(1) Deposit or invest contributions to the plan consistent
with RCW 2.14.080;
(2) Credit investment earnings or interest to individual
judicial retirement accounts consistent with RCW 2.14.070;
(3) Keep or cause to be kept full and adequate accounts
and records of the assets, obligations, transactions, and
affairs of any judicial retirement accounts created under this
chapter; and
(4) Adopt rules necessary to carry out this chapter.
[1998 c 245 § 1; 1988 c 109 § 15.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.050 Administrator—Discharge of duties. The
administrator for the courts shall be deemed to stand in a
fiduciary relationship to the members participating in the
plan and shall discharge his or her duties in good faith and
with that diligence, care, and skill which ordinary prudent
persons would exercise under similar circumstances in like
positions. [1988 c 109 § 16.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.060 Judicial retirement principal account—
Creation—Transfer of deficiencies—Contributions—Use.
The judicial retirement principal account is created in the
state treasury. Any deficiency in the judicial retirement
administrative account caused by an excess of administrative
expenses disbursed from that account over earnings of
investments of balances credited to that account shall be
transferred to that account from the principal account.
The contributions under *section 19 of this act shall be
paid into the principal account and shall be sufficient to
cover costs of administration and staffing in addition to such
other amounts as determined by the administrator for the
courts. The principal account shall be used to carry out the
purposes of this chapter. [1988 c 109 § 17.]
*Reviser’s note: The reference to section 19 of this act appears to be
incorrect. Section 20 of the act, codified as RCW 2.14.090, was apparently
intended.
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.070 Judicial retirement administrative account—Creation—Use—Excess balance—Deficiencies.
The judicial retirement administrative account is created in
the state treasury. All expenses of the administrator for the
courts under this chapter, including staffing and administrative expenses, shall be paid out of the administrative account. Any excess balance of this account over adminis[Title 2 RCW—page 24]
trative expenses disbursed from this account shall be
transferred to the principal account. Any deficiency in the
administrative account caused by an excess of administrative
expenses disbursed from this account over the excess balance
of this account shall be transferred to this account from the
principal account. [1991 sp.s. c 13 § 70; 1988 c 109 § 18.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.080 Duties of administrator—Investments and
earnings. (1) The administrator for the courts shall:
(a) Deposit or invest the contributions under RCW
2.14.090 in a credit union, savings and loan association,
bank, or mutual savings bank;
(b) Purchase life insurance, shares of an investment
company, or fixed and/or variable annuity contracts from any
insurance company or investment company licensed to
contract business in this state; or
(c) Invest in any of the class of investments described
in RCW 43.84.150.
(2) The state investment board or the department of
retirement systems, at the request of the administrator for the
courts, may invest moneys in the principal account. Moneys
invested by the investment board shall be invested in
accordance with RCW 43.84.150. Moneys invested by the
department of retirement systems shall be invested in
accordance with applicable law. Except as provided in RCW
43.33A.160 or as necessary to pay a pro rata share of
expenses incurred by the department of retirement systems,
one hundred percent of all earnings from these investments,
exclusive of investment income pursuant to RCW 43.84.080,
shall accrue directly to the principal account. [1996 c 39 §
20; 1991 sp.s. c 13 § 103; 1989 c 139 § 3; 1988 c 109 §
19.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.090 Funding of plan—Contributions. The plan
shall be funded as provided in this section.
(1) Two and one-half percent shall be deducted from
each member’s salary.
(2) The state, as employer, shall contribute an equal
amount on a monthly basis.
(3) The contributions shall be collected by the administrator for the courts and deposited in the member’s account
within the principal account. [1988 c 109 § 20.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.100 Contributions—Distribution upon
member’s separation—Exemptions from state and local
tax—Exempt from execution. (1) A member who separates from judicial service for any reason is entitled to
receive a lump sum distribution of the member’s accumulated contributions. The administrator for the courts may
adopt rules establishing other payment options, in addition to
lump sum distributions, if the other payment options conform to the requirements of the federal internal revenue
code.
(2002 Ed.)
Retirement of Judges—Supplemental Retirement
(2) The right of a person to receive a payment under
this chapter and the moneys in the accounts created under
this chapter are exempt from any state, county, municipal, or
other local tax and are not subject to execution, garnishment,
or any other process of law whatsoever. [1988 c 109 § 21.]
Effective date—1988 c 109: See note following RCW 2.10.030.
2.14.110 Payment of contributions upon member’s
death. If a member dies, the amount of the accumulated
contributions standing to the member’s credit at the time of
the member’s death shall be paid to the member’s estate, or
such person or persons, trust, or organization as the member
has nominated by written designation duly executed and filed
with the office of the administrator for the courts. If there
is no such designated person or persons still living at the
time of the member’s death, the member’s accumulated
contributions shall be paid to the member’s surviving spouse
as if in fact the spouse had been nominated by written
designation or, if there is no such surviving spouse, then to
the member’s legal representatives. [1996 c 42 § 1; 1988 c
109 § 22.]
Effective date—1988 c 109: See note following RCW 2.10.030.
Chapter 2.16
ASSOCIATION OF SUPERIOR COURT JUDGES
Sections
2.16.010
Association created.
2.16.020
Officers.
2.16.040
Uniform court rules.
2.16.050
Annual meeting.
2.16.070
Effect of chapter on existing laws.
Administrator for the courts: Chapter 2.56 RCW.
2.14.100
ensuing year, and other business transacted as may properly
come before the association. [1996 c 82 § 1; 1955 c 38 §
10; 1933 ex.s. c 58 § 5; RRS § 11051-5.]
2.16.070 Effect of chapter on existing laws. Except
for the provisions of *RCW 2.16.060, this chapter shall not
be held to repeal any other existing law relating to the
visitation of judges. [1933 ex.s. c 58 § 7; RRS § 11051-7.]
*Reviser’s note: RCW 2.16.060 was repealed by 1973 c 106 § 40.
Chapter 2.20
MAGISTRATES
Sections
2.20.010
Magistrate defined.
2.20.020
Who are magistrates.
Municipal judges as magistrates: RCW 35.20.020, 35.20.250.
Preliminary hearings: Chapter 10.16 RCW.
2.20.010 Magistrate defined. A magistrate is an
officer having power to issue a warrant for the arrest of a
person charged with the commission of a crime. [1891 c 53
§ 1; RRS § 50.]
2.20.020 Who are magistrates. The following
persons are magistrates:
(1) The justices of the supreme court.
(2) The judges of the court of appeals.
(3) The superior judges, and district judges.
(4) All municipal officers authorized to exercise the
powers and perform the duties of district judges. [1987 c
202 § 103; 1971 c 81 § 9; 1891 c 53 § 2; RRS § 51.]
Intent—1987 c 202: See note following RCW 2.04.190.
2.16.010 Association created. All the judges of the
superior courts of the state of Washington are hereby
associated under the name of the association of the superior
court judges of the state of Washington. [1933 ex.s. c 58 §
1; RRS § 11051-1.]
2.16.020 Officers. The judges shall elect from their
number a president, who shall be called president judge, and
a secretary, who shall hold their offices from the date of one
annual meeting of the association to the next. [1955 c 38 §
7; 1933 ex.s. c 58 § 2; RRS § 11051-2.]
2.16.040 Uniform court rules. At its annual meetings, pursuant to section 24, Article IV of the state Constitution, the association shall have power to establish uniform
rules for the government of the superior courts, which rules
may be amended from time to time. [1955 c 38 § 9; 1933
ex.s. c 58 § 4; RRS § 11051-4.]
Rules of court: Cf. CR 83.
Rule-making power, supreme court: RCW 2.04.180 through 2.04.210.
Superior court rules: State Constitution Art. 4 § 24.
Uniform rules to be established: RCW 2.08.230.
2.16.050 Annual meeting. The association shall meet
annually at a time established by the association’s governing
board. At the meeting officers shall be chosen for the
(2002 Ed.)
Chapter 2.24
COURT COMMISSIONERS AND REFEREES
Sections
2.24.010
Appointment of court commissioners—Qualifications—Term
of office.
2.24.020
Oath.
2.24.030
Salary.
2.24.040
Powers—Fees.
2.24.050
Revision by court.
2.24.060
Referees—Definition—Powers.
Attorney serving as guardian ad litem—Disqualification as court commissioner pro tempore—Circumstances: RCW 2.08.185.
Court commissioners: State Constitution Art. 4 § 23; RCW 71.05.135 and
71.05.137.
Juvenile court, court commissioner powers: RCW 13.04.021.
2.24.010 Appointment of court commissioners—
Qualifications—Term of office. There may be appointed
in each county or judicial district, by the judges of the
superior court having jurisdiction therein, one or more court
commissioners for said county or judicial district. Each such
commissioner shall be a citizen of the United States and
shall hold the office during the pleasure of the judges
making the appointment. [1990 c 191 § 1; 1979 ex.s. c 54
§ 1; 1967 ex.s. c 87 § 1; 1961 c 42 § 1; 1909 c 124 § 1;
RRS § 83. Prior: 1895 c 83 § 1.]
[Title 2 RCW—page 25]
2.24.020
Title 2 RCW: Courts of Record
2.24.020 Oath. Court commissioners appointed
hereunder shall, before entering upon the duties of such
office, take and subscribe an oath to support the Constitution
of the United States, the Constitution of the state of Washington, and to perform the duties of such office fairly and
impartially and to the best of his ability. [1909 c 124 § 5;
RRS § 88.]
2.24.030 Salary. Each court commissioner appointed
hereunder shall be allowed a salary, in addition to the fees
herein provided for, in such sum as the board of county
commissioners may designate, said salary to be paid at the
time and in the manner as the salary of other county officials. [1909 c 124 § 4; RRS § 87. Prior: 1895 c 83 § 3.]
2.24.040 Powers—Fees. Such court commissioner
shall have power, authority, and jurisdiction, concurrent with
the superior court and the judge thereof, in the following
particulars:
(1) To hear and determine all matters in probate, to
make and issue all proper orders therein, and to issue
citations in all cases where same are authorized by the
probate statutes of this state.
(2) To grant and enter defaults and enter judgment
thereon.
(3) To issue temporary restraining orders and temporary
injunctions, and to fix and approve bonds thereon.
(4) To act as referee in all matters and actions referred
to him or her by the superior court as such, with all the
powers now conferred upon referees by law.
(5) To hear and determine all proceedings supplemental
to execution, with all the powers conferred upon the judge
of the superior court in such matters.
(6) To hear and determine all petitions for the adoption
of children and for the dissolution of incorporations.
(7) To hear and determine all applications for the
commitment of any person to the hospital for the insane,
with all the powers of the superior court in such matters:
PROVIDED, That in cases where a jury is demanded, same
shall be referred to the superior court for trial.
(8) To hear and determine all complaints for the
commitments of minors with all powers conferred upon the
superior court in such matters.
(9) To hear and determine ex parte and uncontested civil
matters of any nature.
(10) To grant adjournments, administer oaths, preserve
order, compel attendance of witnesses, and to punish for
contempts in the refusal to obey or the neglect of the court
commissioner’s lawful orders made in any matter before the
court commissioner as fully as the judge of the superior
court.
(11) To take acknowledgments and proofs of deeds,
mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and
depositions in all cases.
(12) To provide an official seal, upon which shall be
engraved the words "Court Commissioner," and the name of
the county for which he or she may be appointed, and to
authenticate his official acts therewith in all cases where
same is necessary.
[Title 2 RCW—page 26]
(13) To charge and collect, for his or her own use, the
same fees for the official performance of official acts
mentioned in subsections (4) and (11) of this section as are
provided by law for referees and notaries public.
(14) To hear and determine small claims appeals as
provided in chapter 12.36 RCW.
(15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings,
and noncompliance proceedings pursuant to *RCW
9.94A.634; accept pleas if authorized by local court rules;
appoint counsel; make determinations of probable cause; set,
amend, and review conditions of pretrial release; set bail; set
trial and hearing dates; authorize continuances; and accept
waivers of the right to speedy trial. [2000 c 73 § 1; 1997 c
352 § 14; 1991 c 33 § 6; 1979 ex.s. c 54 § 2; 1963 c 188 §
1; 1909 c 124 § 2; RRS § 85. Prior: 1895 c 83 § 2.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1991 c 33: See note following RCW 3.66.020.
Powers of commissioner under juvenile court act: RCW 13.04.030.
2.24.050 Revision by court. All of the acts and
proceedings of court commissioners hereunder shall be
subject to revision by the superior court. Any party in
interest may have such revision upon demand made by
written motion, filed with the clerk of the superior court,
within ten days after the entry of any order or judgment of
the court commissioner. Such revision shall be upon the
records of the case, and the findings of fact and conclusions
of law entered by the court commissioner, and unless a
demand for revision is made within ten days from the entry
of the order or judgment of the court commissioner, the
orders and judgments shall be and become the orders and
judgments of the superior court, and appellate review thereof
may be sought in the same fashion as review of like orders
and judgments entered by the judge. [1988 c 202 § 1; 1971
c 81 § 10; 1909 c 124 § 3; RRS § 86.]
Severability—1988 c 202: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 202 § 97.]
2.24.060 Referees—Definition—Powers. A referee
is a person appointed by the court or judicial officer with
power—
(1) To try an issue of law or of fact in a civil action or
proceeding and report thereon.
(2) To ascertain any other fact in a civil action or
proceeding when necessary for the information of the court,
and report the fact or to take and report the evidence in an
action.
(3) To execute an order, judgment or decree or to
exercise any other power or perform any other duty expressly authorized by law. [1891 c 25 § 1; RRS § 82.]
Referee asking or receiving unlawful compensation: RCW 9A.68.020,
9A.68.030.
Supplemental proceedings: Chapter 6.32 RCW.
Trial before referee: Chapter 4.48 RCW.
(2002 Ed.)
Powers of Courts and General Provisions
Chapter 2.28
POWERS OF COURTS AND
GENERAL PROVISIONS
Sections
2.28.010
2.28.020
2.28.030
2.28.040
2.28.050
2.28.060
2.28.070
2.28.080
2.28.090
2.28.100
2.28.110
2.28.120
2.28.130
2.28.139
2.28.140
2.28.141
2.28.150
2.28.160
Powers of courts in conduct of judicial proceedings.
Contempt—Punishment.
Judicial officer defined—When disqualified.
May act as attorney, when.
Judge distinguished from court.
Judicial officers—Powers.
Contempt—Judicial officer may punish.
Powers of judges of supreme and superior courts.
Powers of inferior judicial officers.
Legal holidays—No court—Exceptions.
Legal holiday—Sitting deemed adjourned.
Proceedings may be adjourned from time to time.
Proceeding not to fail for want of judge or session of court.
County to furnish court house.
Court rooms.
County commissioners to provide temporary quarters.
Implied powers—Proceeding when mode not prescribed.
Judge pro tempore—Compensation—Reimbursement for
subsistence, lodging and travel expenses—Affidavit to
court.
2.28.170
Drug courts.
Justice without unnecessary delay: State Constitution Art. 1 § 10.
2.28.010 Powers of courts in conduct of judicial
proceedings. Every court of justice has power—(1) To
preserve and enforce order in its immediate presence. (2) To
enforce order in the proceedings before it, or before a person
or body empowered to conduct a judicial investigation under
its authority. (3) To provide for the orderly conduct of
proceedings before it or its officers. (4) To compel obedience to its judgments, decrees, orders and process, and to the
orders of a judge out of court, in an action, suit or proceeding pending therein. (5) To control, in furtherance of justice,
the conduct of its ministerial officers, and of all other
persons in any manner connected with a judicial proceeding
before it, in every matter appertaining thereto. (6) To
compel the attendance of persons to testify in an action, suit
or proceeding therein, in the cases and manner provided by
law. (7) To administer oaths in an action, suit or proceeding
pending therein, and in all other cases where it may be
necessary in the exercise of its powers or the performance of
its duties. [1955 c 38 § 12; 1909 c 124 § 2; RRS § 85.]
Compelling attendance of witnesses: Chapter 5.56 RCW.
Oaths, who may administer: RCW 5.28.010.
2.28.020 Contempt—Punishment. For the effectual
exercise of the powers specified in RCW 2.28.010, the court
may punish for contempt in the cases and the manner
provided by law. [1891 c 54 § 2; RRS § 53.]
Rules of court: CR 45(f).
Contempts: Chapter 7.21 RCW.
Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040.
Power of judicial officer to punish for contempt: RCW 2.28.060, 2.28.070.
Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080.
2.28.030 Judicial officer defined—When disqualified. A judicial officer is a person authorized to act as a
judge in a court of justice. Such officer shall not act as such
(2002 Ed.)
Chapter 2.28
in a court of which he is a member in any of the following
cases:
(1) In an action, suit or proceeding to which he is a
party, or in which he is directly interested.
(2) When he was not present and sitting as a member of
the court at the hearing of a matter submitted for its decision.
(3) When he is related to either party by consanguinity
or affinity within the third degree. The degree shall be
ascertained and computed by ascending from the judge to the
common ancestor and descending to the party, counting a
degree for each person in both lines, including the judge and
party and excluding the common ancestor.
(4) When he has been attorney in the action, suit or
proceeding in question for either party; but this section does
not apply to an application to change the place of trial, or
the regulation of the order of business in court.
In the cases specified in subdivisions (3) and (4), the
disqualification may be waived by the parties, and except in
the supreme court and the court of appeals shall be deemed
to be waived unless an application for a change of the place
of trial be made as provided by law. [1971 c 81 § 11; 1895
c 39 § 1; 1891 c 54 § 3; RRS § 54.]
2.28.040 May act as attorney, when. A part-time
district judge, if permitted by court rule, may act as an
attorney in any court other than the one of which he or she
is judge, except in an action, suit or proceeding removed
therefrom to another court for review. [1987 c 202 § 104;
1891 c 54 § 4; RRS § 55. Cf. Code 1881 § 3293.]
Intent—1987 c 202: See note following RCW 2.04.190.
Judge may not practice law: State Constitution Art. 4 § 19.
2.28.050 Judge distinguished from court. A judge
may exercise out of court all the powers expressly conferred
upon a judge as contradistinguished from a court and not
otherwise. [1891 c 54 § 5; RRS § 56.]
2.28.060 Judicial officers—Powers. Every judicial
officer has power—(1) To preserve and enforce order in his
immediate presence and in the proceedings before him, when
he is engaged in the performance of a duty imposed upon
him by law. (2) To compel obedience to his lawful orders
as provided by law. (3) To compel the attendance of
persons to testify in a proceeding pending before him, in the
cases and manner provided by law. (4) To administer oaths
to persons in a proceeding pending before him, and in all
other cases where it may be necessary in the exercise of his
powers and the performance of his duties. [1955 c 38 § 13;
1891 c 54 § 6; RRS § 57.]
Compelling attendance of witnesses: Chapter 5.56 RCW.
Oaths, who may administer: RCW 5.28.010.
2.28.070 Contempt—Judicial officer may punish.
For the effectual exercise of the powers specified in RCW
2.28.060, a judicial officer may punish for contempt in the
cases and manner provided by law. [1891 c 54 § 7; RRS §
58.]
Rules of court: CR 45(f).
Contempts: Chapter 7.21 RCW.
[Title 2 RCW—page 27]
2.28.070
Title 2 RCW: Courts of Record
Criminal contempts: Chapter 7.21 RCW, RCW 9.92.040.
Power of court to punish for contempt: RCW 2.28.020.
Witnesses, failure to attend as contempt: RCW 5.56.061 through 5.56.080.
2.28.080 Powers of judges of supreme and superior
courts. The judges of the supreme and superior courts have
power in any part of the state to take and certify—
(1) The proof and acknowledgment of a conveyance of
real property or any other written instrument authorized or
required to be proved or acknowledged.
(2) The acknowledgment of satisfaction of a judgment
in any court.
(3) An affidavit or deposition to be used in any court of
justice or other tribunal of this state.
(4) To exercise any other power and perform any other
duty conferred or imposed upon them by statute. [1891 c 54
§ 8; RRS § 59.]
Who may take acknowledgments: RCW 64.08.010.
2.28.090 Powers of inferior judicial officers. Every
other judicial officer may, within the county, city, district or
precinct in which he is chosen—
(1) Exercise the powers mentioned in RCW 2.28.080
(1), (2) and (3).
(2) Exercise any other power and perform any other
duty conferred or imposed upon him by other statute. [1891
c 54 § 9; RRS § 60.]
2.28.100 Legal holidays—No court—Exceptions.
No court shall be open, nor shall any judicial business be
transacted, on a legal holiday, except:
(1) To give, upon their request, instructions to a jury
when deliberating on their verdict;
(2) To receive the verdict of a jury;
(3) For the exercise of the powers of a magistrate in a
criminal action, or in a proceeding of a criminal nature;
(4) For hearing applications for and issuing writs of
habeas corpus, injunction, prohibition and attachment;
(5) For the issuance of any process or subpoena not
requiring immediate judicial or court action, and the service
thereof.
The governor, in declaring any legal holiday, in his
discretion, may provide in his proclamation that such holiday
shall not be applicable to the courts of or within the state.
[1986 c 219 § 1; 1933 c 54 § 1; 1927 c 51 § 2; RRS § 64.
Prior: 1891 c 41 § 2; Code 1881 § 1267.]
Courts to be open except on nonjudicial days: State Constitution Art. 4 §
6 (Amendment 28).
Legal holidays: RCW 1.16.050.
2.28.110 Legal holiday—Sitting deemed adjourned.
If any legal holiday happens to be a day appointed for the
sitting of a court or to which it is adjourned, such sitting
shall be deemed appointed for or adjourned to the next day
which is not a legal holiday. [1927 c 51 § 3; RRS § 65.
Prior: 1891 c 41 § 3.]
2.28.120 Proceedings may be adjourned from time
to time. A court or judicial officer has power to adjourn
any proceeding before it or him from time to time, as may
[Title 2 RCW—page 28]
be necessary, unless otherwise expressly provided by law.
[1891 c 54 § 10; RRS § 66.]
2.28.130 Proceeding not to fail for want of judge or
session of court. No proceeding in a court of justice in any
action, suit, or proceeding pending therein, is affected by a
vacancy in the office of any or all of the judges, or by the
failure of a session of the court. [1891 c 49 § 2; RRS § 67.]
Rules of court: Section superseded by CR 6(c). See comment by court
after CR 6(c).
2.28.139 County to furnish court house. The county
in which the court is held shall furnish the court house, a jail
or suitable place for confining prisoners, books for record,
stationery, lights, wood, attendance, and other incidental
expenses of the court house and court which are not paid by
the United States. [Code 1881 § 2111; 1869 p 421 § 10;
1863 p 425 § 11; RRS § 4034.]
2.28.140 Court rooms. If the proper authority
neglects to provide any superior court with rooms, furniture,
fuel, lights and stationery suitable and sufficient for the
transaction of its business and for the jury attending upon it,
if there be one, the court may order the sheriff to do so, at
the place within the county designated by law for holding
such court; and the expense incurred by the sheriff in
carrying such order into effect, when ascertained and ordered
to be paid by the court, is a charge upon the county. [1955
c 38 § 14; 1891 c 54 § 11; RRS § 68.]
2.28.141 County commissioners to provide temporary quarters. Until proper buildings are erected at a place
fixed upon for the seat of justice in any county, it shall be
the duty of the county commissioners to provide some
suitable place for holding the courts of such county. [Code
1881 § 2688; 1854 p 423 § 23; RRS § 4035.]
2.28.150 Implied powers—Proceeding when mode
not prescribed. When jurisdiction is, by the Constitution of
this state, or by statute, conferred on a court or judicial
officer all the means to carry it into effect are also given;
and in the exercise of the jurisdiction, if the course of
proceeding is not specifically pointed out by statute, any
suitable process or mode of proceeding may be adopted
which may appear most conformable to the spirit of the
laws. [1955 c 38 § 15; 1891 c 54 § 12; RRS § 69.]
2.28.160 Judge pro tempore—Compensation—
Reimbursement for subsistence, lodging and travel
expenses—Affidavit to court. Whenever a judge serves as
a judge pro tempore the payments for subsistence, lodging,
and compensation pursuant to RCW 2.04.250 and 2.06.160
as now or hereafter amended shall be paid only for time
actually spent away from the usual residence and abode of
such pro tempore judge and only for time actually devoted
to sitting on cases heard by such pro tempore judge and for
time actually spent in research and preparation of a written
opinion prepared and delivered by such pro tempore judge;
which time spent shall be evidenced by an affidavit of such
judge to be submitted by him to the court from which he is
(2002 Ed.)
Powers of Courts and General Provisions
entitled to receive subsistence, lodging, and compensation for
his services pursuant to RCW 2.04.250 and 2.06.160 as now
or hereafter amended. [1975-’76 2nd ex.s. c 34 § 2.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
2.28.170 Drug courts. (1) Counties may establish and
operate drug courts.
(2) For the purposes of this section, "drug court" means
a court that has special calendars or dockets designed to
achieve a reduction in recidivism and substance abuse among
nonviolent, substance abusing offenders by increasing their
likelihood for successful rehabilitation through early,
continuous, and intense judicially supervised treatment;
mandatory periodic drug testing; and the use of appropriate
sanctions and other rehabilitation services.
(3)(a) Any jurisdiction that seeks a state appropriation
to fund a drug court program must first:
(i) Exhaust all federal funding received from the office
of national drug control policy that is available to support
the operations of its drug court and associated services; and
(ii) Match, on a dollar-for-dollar basis, state moneys
allocated for drug court programs with local cash or in-kind
resources. Moneys allocated by the state must be used to
supplement, not supplant, other federal, state, and local funds
for drug court operations and associated services.
(b) Any county that establishes a drug court pursuant to
this section shall establish minimum requirements for the
participation of offenders in the program. The drug court
may adopt local requirements that are more stringent than
the minimum. The minimum requirements are:
(i) The offender would benefit from substance abuse
treatment;
(ii) The offender has not previously been convicted of
a serious violent offense or sex offense as defined in RCW
9.94A.030; and
(iii) Without regard to whether proof of any of these
elements is required to convict, the offender is not currently
charged with or convicted of an offense:
(A) That is a sex offense;
(B) That is a serious violent offense;
(C) During which the defendant used a firearm; or
(D) During which the defendant caused substantial or
great bodily harm or death to another person. [2002 c 290
§ 13; 1999 c 197 § 9.]
Cost-effectiveness report: "The Washington state institute for public
policy shall by March 1, 2003, report on the cost-effectiveness of existing
drug courts in Washington and their impacts on reducing recidivism."
[2002 c 290 § 25.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note
following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
Legislative recognition—1999 c 197: "The legislature recognizes the
utility of drug court programs in reducing recidivism and assisting the courts
by diverting potential offenders from the normal course of criminal trial
proceedings." [1999 c 197 § 7.]
Severability—1999 c 197: See note following RCW 9.94A.030.
(2002 Ed.)
2.28.160
Chapter 2.32
COURT CLERKS, REPORTERS, AND BAILIFFS
Sections
2.32.011
2.32.021
2.32.031
2.32.050
2.32.060
2.32.070
2.32.071
2.32.090
2.32.110
2.32.120
2.32.130
2.32.140
2.32.160
2.32.170
2.32.180
2.32.200
2.32.210
2.32.220
2.32.230
2.32.240
2.32.250
2.32.260
2.32.270
2.32.280
2.32.290
2.32.300
2.32.310
2.32.330
2.32.360
2.32.370
Election, compensation—Clerks of superior court.
Oath and bond of clerk of superior court.
Office—Clerks of superior court.
Powers and duties of court clerks.
Powers and duties of clerk of superior court.
Fees—Supreme court clerk, clerks of court of appeals.
Fees—Superior court clerks.
Clerk not to practice law.
Reporter’s duties.
Publication of reports.
Correction by judges.
Opinions available to reporter.
Commission on supreme court reports.
Commission—Powers.
Superior court reporters—Qualifications—Appointment—
Terms—Oath and bonds.
Duties of official reporter.
Salaries—Expenses.
Application to lesser judicial districts.
One reporter for two lesser districts.
Transcript of testimony—Fee—Forma pauperis.
Transcript accorded verity.
Notes of outgoing reporter may be transcribed—Effect.
Reporter pro tempore.
Reporter as amanuensis in counties with populations of one
hundred twenty-five thousand or more.
Court files accessible to reporter.
Office space.
Other reporting service not precluded.
Criers and bailiffs.
Compensation of superior court bailiffs.
Payment of compensation.
2.32.011 Election, compensation—Clerks of superior court. See chapters 36.16 and 36.17 RCW.
2.32.021 Oath and bond of clerk of superior court.
See RCW 36.16.040 through 36.16.060.
2.32.031 Office—Clerks of superior court. See
RCW 36.23.080.
2.32.050 Powers and duties of court clerks. The
clerk of the supreme court, each clerk of the court of
appeals, and each clerk of a superior court, has power to
take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument
authorized or required to be proved or acknowledged, and to
administer oaths in every case when authorized by law; and
it is the duty of the clerk of the supreme court, each clerk of
the court of appeals, and of each county clerk for each of the
courts for which he is clerk—
(1) To keep the seal of the court and affix it in all cases
where he is required by law.
(2) To record the proceedings of the court.
(3) To keep the records, files and other books and
papers appertaining to the court.
(4) To file all papers delivered to him for that purpose
in any action or proceeding in the court as directed by court
rule or statute.
(5) To attend the court of which he is clerk, to administer oaths, and receive the verdict of a jury in any action or
[Title 2 RCW—page 29]
2.32.050
Title 2 RCW: Courts of Record
proceeding therein, in the presence and under the direction
of the court.
(6) To keep the journal of the proceedings of the court,
and, under the direction of the court, to enter its orders,
judgments and decrees.
(7) To authenticate by certificate or transcript, as may
be required, the records, files or proceedings of the court, or
any other paper appertaining thereto and filed with him.
(8) To exercise the powers and perform the duties
conferred and imposed upon him elsewhere by statute.
(9) In the performance of his duties to conform to the
direction of the court.
(10) To publish notice of the procedures for inspection
of the public records of the court. [1981 c 277 § 1; 1971 c
81 § 12; 1891 c 57 § 3; RRS § 77. Prior: Code 1881 §§
2180, 2182, 2184.]
Severability—1981 c 331: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 331 § 16.]
"Folio" defined: RCW 1.16.040.
2.32.071
36.18.020.
Fees—Superior court clerks. See RCW
County law library fees: RCW 27.24.070, 27.24.090.
2.32.090 Clerk not to practice law. Each clerk of a
court is prohibited during his continuance in office from
acting, or having a partner who acts, as an attorney of the
court of which he is clerk. [1891 c 57 § 5; RRS § 81.
Prior: Code 1881 § 2183; 1854 p 367 § 10.]
Rules of court: SAR 16(3).
Rules of court: SAR 16.
2.32.060 Powers and duties of clerk of superior
court. See chapter 36.23 RCW.
County clerk is clerk of superior court: State Constitution Art. 4 § 26.
County clerk’s trust fund and safekeeping thereof: Chapter 36.48 RCW.
2.32.070 Fees—Supreme court clerk, clerks of court
of appeals. The clerk of the supreme court and the clerks
of the court of appeals shall collect the following fees for
their official services:
Upon filing his or her first paper or record and making
an appearance, the appellant or petitioner shall pay to the
clerk of said court a docket fee of two hundred fifty dollars.
For copies of opinions, twenty cents per folio: PROVIDED, That counsel of record and criminal defendants
shall be supplied a copy without charge.
For certificates showing admission of an attorney to
practice law five dollars, except that there shall be no fee for
an original certificate to be issued at the time of his or her
admission.
For filing a petition for review of a court of appeals
decision terminating review, two hundred dollars.
The foregoing fees shall be all the fees connected with
the appeal or special proceeding.
No fees shall be required to be advanced by the state or
any municipal corporation, or any public officer prosecuting
or defending on behalf of such state or municipal corporation. [1992 c 140 § 1; 1987 c 382 § 1; 1981 c 331 § 2;
1971 ex.s. c 107 § 2; 1951 c 51 § 1; 1907 c 56 § 1, part;
1903 c 151 § 1, part; RRS § 497, part. Prior: 1893 c 130
§ 1, part; Code 1881 § 2086, part; 1866 pp 94-99, part; 1863
pp 391-399, part; 1861 pp 34-42, part; 1854 pp 368-376,
part.]
Effective date—1992 c 140: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1992." [1992 c 140 § 2.]
Court Congestion Reduction Act of 1981—Purpose—1981 c 331:
"Recognizing the value of providing the people of the state of Washington
with justice delivered in an expeditious fashion, recognizing the need to
assure the people of the state of Washington that the quality of our judicial
system will not be placed in jeopardy, and recognizing the need to avoid
congestion of the courts at all levels of our judicial system, the legislature
hereby enacts this Court Congestion Reduction Act of 1981." [1981 c 331
§ 1.]
[Title 2 RCW—page 30]
2.32.110 Reporter’s duties. He shall prepare such
decisions for publication by giving the title of each case, a
syllabus of the points decided, a brief statement of the facts
bearing on the points decided, the names of the counsel, and
a reference to such authorities as are cited from standard
reports and textbooks that have a special bearing on the case,
and he shall prepare a full and comprehensive index to each
volume, and prefix a table of cases reported. [1890 p 320 §
2; RRS § 11059.]
Rules of court: SAR 17.
2.32.120 Publication of reports. The reports must be
published under the supervision of the court, and to that end
each of the judges must be furnished by the reporter with
proof sheets of each volume thirty days before its final
publication. [1890 p 320 § 3; RRS § 11060.]
Rules of court: SAR 17.
Publication of supreme court
opinions: State Constitution Art. 4 § 21.
reports by public printer: RCW 43.78.070.
2.32.130 Correction by judges. Within thirty days
after such proof sheets are furnished, the judges must return
the same to the reporter, with corrections or alterations, and
he must make the corrections or alterations accordingly.
[1890 p 320 § 4; RRS § 11061.]
Rules of court: SAR 17.
2.32.140 Opinions available to reporter. The
reporter may take the original opinions and papers in each
case from the clerk’s office and retain them in his possession
not exceeding sixty days. [1890 p 320 § 5; RRS § 11062.]
2.32.160 Commission on supreme court reports.
There is hereby created a commission advisory to the
supreme court regarding the publication of the decisions of
the supreme court and court of appeals of this state in both
the form of advance sheets for temporary use and in permanent form, to be known as the commission on supreme court
reports, and to include the reporter of decisions, the state law
librarian, and such other members, including a judge of the
court of appeals and a member in good standing of the
Washington state bar association, as determined by the chief
justice of the supreme court, who shall be chairman of the
(2002 Ed.)
Court Clerks, Reporters, and Bailiffs
commission. Members of the commission shall serve as
such without additional or any compensation: PROVIDED,
That members shall be compensated in accordance with
RCW 43.03.240. [1995 c 257 § 1; 1984 c 287 § 7; 1971 c
42 § 1; 1943 c 185 § 1; Rem. Supp. 1943 § 11071-1. Prior:
1917 c 87 § 1; 1905 c 167 §§ 1-4; 1895 c 55 § 1; 1891 c 37
§ 1; 1890 p 327 § 1.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
2.32.170 Commission—Powers. The commission
shall make recommendations to the supreme court on matters
pertaining to the publication of such decisions, in both
temporary and permanent forms. The commission shall by
July 1, 1997, develop a policy that ensures that if any
material prepared pursuant to RCW 2.32.110 is licensed for
resale, the material is made available for licensing to all
commercial resellers on an equal and nonexclusive basis.
[1995 c 257 § 2; 1943 c 185 § 2; Rem. Supp. 1943 § 110712. Prior: 1921 c 162 § 1; 1919 c 117 §§ 1-3; 1905 c 167
§ 5.]
2.32.180 Superior court reporters—Qualifications—
Appointment—Terms—Oath and bonds. It shall be and
is the duty of each and every superior court judge in
counties or judicial districts in the state of Washington
having a population of over thirty-five thousand inhabitants
to appoint, or said judge may, in any county or judicial
district having a population of over twenty-five thousand and
less than thirty-five thousand, appoint a stenographic reporter
to be attached to the judge’s court who shall have had at
least three years’ experience as a skilled, practical reporter,
or who upon examination shall be able to report and transcribe accurately one hundred and seventy-five words per
minute of the judge’s charge or two hundred words per
minute of testimony each for five consecutive minutes; said
test of proficiency, in event of inability to meet qualifications
as to length of time of experience, to be given by an examining committee composed of one judge of the superior court
and two official reporters of the superior court of the state of
Washington, appointed by the president judge of the superior
court judges association of the state of Washington: PROVIDED, That a stenographic reporter shall not be required
to be appointed for the seven additional judges of the
superior court authorized for appointment by section 1,
chapter 323, Laws of 1987, the additional superior court
judge authorized by section 1, chapter 66, Laws of 1988, the
additional superior court judges authorized by sections 2 and
3, chapter 328, Laws of 1989, the additional superior court
judges authorized by sections 1 and 2, chapter 186, Laws of
1990, or the additional superior court judges authorized by
sections 1 through 5, chapter 189, Laws of 1992. Appointment of a stenographic reporter is not required for any
additional superior court judge authorized after July 1, 1992.
The initial judicial appointee shall serve for a period of six
years; the two initial reporter appointees shall serve for a
period of four years and two years, respectively, from
September 1, 1957; thereafter on expiration of the first terms
of service, each newly appointed member of said examining
committee to serve for a period of six years. In the event of
death or inability of a member to serve, the president judge
(2002 Ed.)
2.32.160
shall appoint a reporter or judge, as the case may be, to
serve for the balance of the unexpired term of the member
whose inability to serve caused such vacancy. The examining committee shall grant certificates to qualified applicants.
Administrative and procedural rules and regulations shall be
promulgated by said examining committee, subject to
approval by the said president judge.
The stenographic reporter upon appointment shall
thereupon become an officer of the court and shall be
designated and known as the official reporter for the court or
judicial district for which he or she is appointed: PROVIDED, That in no event shall there be appointed more official
reporters in any one county or judicial district than there are
superior court judges in such county or judicial district; the
appointments in each county with a population of one
million or more shall be made by the majority vote of the
judges in said county acting en banc; the appointments in
each county with a population of from one hundred twentyfive thousand to less than one million may be made by each
individual judge therein or by the judges in said county
acting en banc. Each official reporter so appointed shall
hold office during the term of office of the judge or judges
appointing him or her, but may be removed for incompetency, misconduct or neglect of duty, and before entering upon
the discharge of his or her duties shall take an oath to
perform faithfully the duties of his or her office, and file a
bond in the sum of two thousand dollars for the faithful discharge of his or her duties. Such reporter in each court is
hereby declared to be a necessary part of the judicial system
of the state of Washington. [1992 c 189 § 6; 1991 c 363 §
2; 1990 c 186 § 3; 1989 c 328 § 4; 1988 c 66 § 3; 1987 c
323 § 4; 1957 c 244 § 1; 1945 c 154 § 1; 1943 c 69 § 1;
1921 c 42 § 1; 1913 c 126 § 1; Rem. Supp. 1945 § 42-1.
Formerly RCW 2.32.180, 2.32.190.]
Effective dates—1992 c 189: See note following RCW 2.08.061.
Purpose—1991 c 363: "The purposes of this act are to eliminate the
use of formal county classes and substitute the use of the most current
county population figures to distinguish counties. In addition, certain old
statutes that reference county class, but no longer are followed, are repealed
or amended to conform with current practices." [1991 c 363 § 1.]
Captions not law—1991 c 363: "Section headings as used in this act
do not constitute any part of the law." [1991 c 363 § 168.]
2.32.200 Duties of official reporter. It shall be the
duty of each official reporter appointed under RCW 2.32.180
through 2.32.310 to attend every term of the superior court
in the county or judicial district for which he is appointed,
at such times as the judge presiding may direct; and upon
the trial of any cause in any court, if either party to the suit
or action, or his attorney, request the services of the official
reporter, the presiding judge shall grant such request, or
upon his own motion such presiding judge may order a full
report of the testimony, exceptions taken, and all other oral
proceedings; in which case the official reporter shall cause
accurate shorthand notes of the oral testimony, exceptions
taken, and other oral proceedings had, to be taken, except
when the judge and attorneys dispense with his services with
respect to any portion of the proceedings therein, which
notes shall be filed in the office of the clerk of the superior
court where such trial is had. [1983 c 3 § 1; 1913 c 126 §
2; RRS § 42-2.]
[Title 2 RCW—page 31]
2.32.210
Title 2 RCW: Courts of Record
2.32.210 Salaries—Expenses. Each official reporter
shall be paid such compensation as shall be fixed, after
recommendation by the judges of the judicial district
involved, by the legislative authority of the county comprising said judicial district, or by the legislative authorities
acting jointly where the judicial district is comprised of more
than one county: PROVIDED, That in judicial districts
having a total population of forty thousand or more, the
salary of an official court reporter shall not be less than
sixteen thousand five hundred dollars per annum: PROVIDED FURTHER, That in judicial districts having a total
population of twenty-five thousand and under forty thousand,
such salary shall not be less than eleven thousand one
hundred dollars per annum.
Said compensation shall be paid out of the current
expense fund of the county or counties where court is held.
In judicial districts comprising more than one county the
council or commissioners thereof shall, on the first day of
January of each year, or as soon thereafter as may be
convenient, apportion the amount of the salary to be paid to
the reporter by each county according and in proportion to
the number of criminal and civil actions entered and commenced in superior court of the constituent counties in the
preceding year. In addition to the salary above provided, in
judicial districts comprising more than one county, the
reporter shall receive his actual and necessary expenses of
transportation and living expenses when he goes on official
business to a county of his judicial district other than the
county in which he resides, from the time he leaves his place
of residence until he returns thereto, said expense to be paid
by the county to which he travels. If one trip includes two
or more counties, the expense may be apportioned between
the counties visited in proportion to the amount of time spent
in each county on the trip. If an official reporter uses his
own automobile for the purpose of such transportation, he
shall be paid therefor at the same rate per mile as county
officials are paid for use of their private automobiles. The
sworn statement of the official reporter, when certified to as
correct by the judge presiding, shall be a sufficient voucher
upon which the county auditor shall draw his warrant upon
the treasurer of the county in favor of the official reporter.
The salaries of official court reporters shall be paid
upon sworn statements, when certified as correct by the
judge presiding, as state and county officers are paid. [1975
1st ex.s. c 128 § 1; 1972 ex.s. c 18 § 1; 1969 c 95 § 1; 1967
c 20 § 1; 1965 ex.s. c 114 § 1; 1961 c 121 § 1; 1957 c 244
§ 2; 1953 c 265 § 1; 1951 c 210 § 1. Prior: 1945 c 24 § 1;
1943 c 69 § 2; 1913 c 126 § 3; Rem. Supp. 1945 § 42-3.]
2.32.220 Application to lesser judicial districts. If
the judge of the superior court in any judicial district having
a total population of less than twenty-five thousand finds that
the work in such district requires the services of an official
court reporter he may appoint a person qualified under RCW
2.32.180. [1957 c 244 § 3; 1951 c 210 § 2; 1945 c 24 § 2;
Rem. Supp. 1945 § 42-3a.]
2.32.230 One reporter for two lesser districts. An
official court reporter may be appointed to serve two or
more judicial districts, each of which has a total population
under twenty-five thousand, if the judges thereof so agree,
[Title 2 RCW—page 32]
and the salary of such official reporter shall be determined
by the total population of all the judicial districts so served
in accordance with the schedule of salaries in RCW
2.32.210, and shall be apportioned between the several
counties of the districts as therein provided. Such reporter,
if appointed, must be qualified to serve, under RCW
2.32.180. [1951 c 210 § 3; 1945 c 24 § 3; Rem. Supp. 1945
§ 42-3b.]
2.32.240 Transcript of testimony—Fee—Forma
pauperis. (1) When a record has been taken in any cause
as provided in RCW 2.32.180 through 2.32.310, if the court,
or either party to the suit or action, or his attorney, request
a transcript, the official reporter and clerk of the court shall
make, or cause to be made, with reasonable diligence, full
and accurate transcript of the testimony and other proceedings, which shall, when certified to as hereinafter provided,
be filed with the clerk of the court where such trial is had
for the use of the court or parties to the action. The fees of
the reporter and clerk of the court for making such transcript
shall be fixed in accordance with costs as allowed in cost
bills in civil cases by the supreme court of the state of
Washington, and when such transcript is ordered by any
party to any suit or action, said fee shall be paid forthwith
by the party ordering the same, and in all cases where a
transcript is made as provided for under the provisions of
RCW 2.32.180 through 2.32.310 the cost thereof shall be
taxable as costs in the case, and shall be so taxed as other
costs in the case are taxed: PROVIDED, That when, from
and after December 20, 1973, a party has been judicially
determined to have a constitutional right to a transcript and
to be unable by reason of poverty to pay for such transcript,
the court may order said transcript to be made by the official
reporter, which transcript fee therefor shall be paid by the
state upon submission of appropriate vouchers to the clerk of
the supreme court. [1983 c 3 § 2; 1975 1st ex.s. c 261 § 1;
1972 ex.s. c 111 § 1; 1970 ex.s. c 31 § 1; 1965 c 133 § 3;
1957 c 244 § 4; 1943 c 69 § 4; 1913 c 126 § 5; Rem. Supp.
1943 § 42-5.]
Severability—1965 c 133: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1965 c 133 § 4.]
Indigent party—State to pay costs and fees incident to review by supreme
court or court of appeals: RCW 4.88.330.
2.32.250 Transcript accorded verity. The report of
the official reporter, when transcribed and certified as being
a correct transcript of the stenographic notes of the testimony, or other oral proceedings had in the matter, shall be
prima facie a correct statement of such testimony or other
oral proceedings had, and the same may thereafter, in any
civil cause, be read in evidence as competent testimony,
when satisfactory proof is offered to the judge presiding that
the witness originally giving such testimony is then dead or
without the jurisdiction of the court, subject, however, to all
objections the same as though such witness were present and
giving such testimony in person. [1913 c 126 § 6; RRS §
42-6.]
2.32.260 Notes of outgoing reporter may be transcribed—Effect. When the official reporter who has taken
(2002 Ed.)
Court Clerks, Reporters, and Bailiffs
notes in any cause, shall thereafter cease to be such official
reporter, any transcript thereafter made by him therefrom, or
made by any competent person under the direction of the
court, and duly certified to by the person making the same,
under oath, as a full, true and correct transcript of said notes,
the same shall have full force and effect the same as though
certified by an official reporter of said court. [1913 c 126
§ 7; RRS § 42-7.]
2.32.270 Reporter pro tempore. In the event of the
absence or inability of the official reporter to act, the
presiding judge may appoint a competent stenographer to act
pro tempore, who shall perform the same duties as the
official reporter, and whose report when certified to, shall
have the same legal effect as the certified report of the
official reporter. The reporter pro tempore shall possess the
qualifications and take the oath prescribed for the official
reporter, and shall file a like bond, and shall receive the
same compensation. [1913 c 126 § 8; RRS § 42-8.]
2.32.280 Reporter as amanuensis in counties with
populations of one hundred twenty-five thousand or
more. In all counties or judicial districts, except in any
county with a population of one hundred twenty-five
thousand or more, such official reporter shall act as amanuensis to the court for which he or she is appointed. [1991 c
363 § 3; 1957 c 244 § 5; 1943 c 69 § 5; 1913 c 126 § 9;
Rem. Supp. 1943 § 42-9.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
2.32.290 Court files accessible to reporter. Official
reporters or reporters pro tempore may, without order of
court, upon giving a proper receipt therefor, procure at all
reasonable hours from the office of the clerk of the court,
any files or exhibits necessary for use in the preparation of
statements of fact or transcribing portions of testimony or
proceedings in any cause reported by them. [1913 c 126 §
10; RRS § 42-10.]
2.32.300 Office space. Suitable office space shall be
furnished the official reporter. [1943 c 69 § 6; 1913 c 126
§ 11; Rem. Supp. 1943 § 42-11.]
2.32.310 Other reporting service not precluded.
Nothing in this act or any other act or parts of acts or court
rule shall be construed to preclude such official reporter
from performing other and additional reporting service at any
time when such service can be performed without conflict
with or prejudice to the duties of the official reporter. [1943
c 69 § 8; Rem. Supp. 1943 § 42-14.]
2.32.330 Criers and bailiffs. Every court of record
shall have the power to appoint a crier and as many bailiffs
as may be necessary for the orderly and expeditious dispatch
of the business. [1891 c 54 § 13; RRS § 11052.]
2.32.360 Compensation of superior court bailiffs.
Bailiffs of the several superior courts in this state, appointed
by the respective judges thereof, shall be paid for their
(2002 Ed.)
2.32.260
services such salary or per diem as shall be fixed and
allowed by the board of county commissioners of the county
in which they serve. [1949 c 139 § 1; 1945 c 149 § 1; 1943
c 94 § 1; 1939 c 134 § 1; 1917 c 94 § 1; 1891 c 10 § 1;
Rem. Supp. 1949 § 10973. Cf. 1921 c 25 § 1; 1919 c 141 §
1.]
2.32.370 Payment of compensation. From time to
time, the superior judge of the county shall certify the
amount due any such bailiff, and order the payment thereof;
and thereupon the county auditor shall issue to such bailiff
a warrant on the county treasurer, payable out of the general
fund [current expense fund], for the amount so certified.
[1891 c 10 § 2; RRS § 10975.]
Chapter 2.36
JURIES
Sections
2.36.010
2.36.020
2.36.050
2.36.052
Definitions.
Kinds of juries.
Juries in courts of limited jurisdiction.
Courts of limited jurisdiction—Performance of jury management activities by superior court authorized.
2.36.054
Jury source list—Master jury list—Creation.
2.36.055
Jury source list—Master jury list—Compilation.
2.36.057
Expanded jury source list—Court rules.
2.36.0571 Jury source list—Master jury list—Adoption of rules for
implementation of methodology and standards by agencies.
2.36.063
Compilation of jury source list, master jury list, and selection of jurors by electronic data processing.
2.36.065
Judges to ensure random selection—Description of process.
2.36.070
Qualification of juror.
2.36.072
Determination of juror qualification—Written declaration.
2.36.080
Selection of jurors—State policy—Exclusion for race, color,
religion, sex, national origin, or economic status prohibited.
2.36.093
Selection of jurors—Length and number of terms—Time of
service.
2.36.095
Summons to persons selected.
2.36.100
Excuse from service—Reasons—Assignment to another
term—Summons for additional service—Certification of
prior service.
2.36.110
Judge must excuse unfit person.
2.36.130
Additional names.
2.36.150
Compensation of jurors—Reimbursement of counties for
jury and witness fees in certain cases.
2.36.165
Leave of absence from employment to be provided—Denial
of promotional opportunities prohibited—Penalty—Civil
action.
2.36.170
Failure of juror to appear—Penalty.
Grand juries—Criminal investigations: Chapter 10.27 RCW.
Juries
crimes relating to: Chapter 9.51 RCW.
in eminent domain proceedings: Title 8 RCW.
Jury trial, civil cases, challenging, procedure, etc.: Chapter 4.44 RCW.
2.36.010 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
(1) A jury is a body of persons temporarily selected
from the qualified inhabitants of a particular district, and
invested with power—
(a) To present or indict a person for a public offense.
(b) To try a question of fact.
[Title 2 RCW—page 33]
2.36.010
Title 2 RCW: Courts of Record
(2) "Court" when used without further qualification
means any superior court or court of limited jurisdiction in
the state of Washington.
(3) "Judge" means every judicial officer authorized to
hold or preside over a court. For purposes of this chapter
"judge" does not include court commissioners or referees.
(4) "Juror" means any person summoned for service on
a petit jury, grand jury, or jury of inquest as defined in this
chapter.
(5) "Grand jury" means those twelve persons impaneled
by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.
(6) "Petit jury" means a body of persons twelve or less
in number in the superior court and six in number in courts
of limited jurisdiction, drawn by lot from the jurors in
attendance upon the court at a particular session, and sworn
to try and determine a question of fact.
(7) "Jury of inquest" means a body of persons six or
fewer in number, but not fewer than four persons, summoned
before the coroner or other ministerial officer, to inquire of
particular facts.
(8) "Jury source list" means the list of all registered
voters for any county, merged with a list of licensed drivers
and identicard holders who reside in the county. The list
shall specify each person’s name and residence address and
conform to the methodology and standards set pursuant to
the provisions of RCW 2.36.054 or by supreme court rule.
The list shall be filed with the superior court by the county
auditor.
(9) "Master jury list" means the list of prospective jurors
from which jurors summoned to serve will be randomly
selected. The master jury list shall be either randomly
selected from the jury source list or may be an exact
duplicate of the jury source list.
(10) "Jury term" means a period of time of one or more
days, not exceeding one month, during which summoned
jurors must be available to report for juror service.
(11) "Juror service" means the period of time a juror is
required to be present at the court facility. This period of
time may not extend beyond the end of the jury term, and
may not exceed two weeks, except to complete a trial to
which the juror was assigned during the two-week period.
(12) "Jury panel" means those persons randomly
selected for jury service for a particular jury term. [1993 c
408 § 4; 1992 c 93 § 1; 1988 c 188 § 2; 1891 c 48 § 1;
RRS § 89.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Legislative findings—1988 c 188: "The legislature recognizes the
vital and unique role of the jury system in enhancing our system of justice.
The purpose of this chapter is the promotion of efficient jury administration
and the opportunity for widespread citizen participation in the jury system.
To accomplish this purpose the legislature intends that all courts and juries
of inquest in the state of Washington select, summon, and compensate jurors
uniformly." [1988 c 188 § 1.]
Severability—1988 c 188: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 188 § 23.]
Effective date—1988 c 188: "Except for section 19, this act shall
take effect January 1, 1989. Section 19 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [March 22, 1988]." [1988 c 188 § 24.]
[Title 2 RCW—page 34]
2.36.020 Kinds of juries. There shall be three kinds
of juries—
(1) A grand jury.
(2) A petit jury.
(3) A jury of inquest. [1891 c 48 § 2; RRS § 90.]
2.36.050 Juries in courts of limited jurisdiction. In
courts of limited jurisdiction, juries shall be selected and
impaneled in the same manner as in the superior courts,
except that a court of limited jurisdiction shall use the master
jury list developed by the superior court to select a jury
panel. Jurors for the jury panel may be selected at random
from the population of the area served by the court. [1988
c 188 § 3; 1980 c 162 § 6; 1972 ex.s. c 57 § 1; 1891 c 48
§ 4; RRS § 92.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Severability—1980 c 162: See note following RCW 3.02.010.
Courts of limited jurisdiction: Chapter 3.02 RCW.
2.36.052 Courts of limited jurisdiction—
Performance of jury management activities by superior
court authorized. Pursuant to an agreement between the
judge or judges of each superior court and the judge or
judges of each court of limited jurisdiction, jury management
activities may be performed by the superior court for any
county or judicial district as provided by statute. [1988 c
188 § 20.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.054 Jury source list—Master jury list—
Creation. Unless otherwise specified by rule of the supreme
court, the jury source list and master jury list for each county shall be created as provided by this section.
(1) The superior court of each county, after consultation
with the county clerk and county auditor of that jurisdiction,
shall annually notify the department of information services
not later than March 1 of each year of its election to use
either a jury source list that is merged by the county or a
jury source list that is merged by the department of information services. The department of information services shall
annually furnish at no charge to the superior court of each
county a separate list of the registered voters residing in that
county as supplied annually by the secretary of state and a
separate list of driver’s license and identicard holders
residing in that county as supplied annually by the department of licensing, or a merged list of all such persons
residing in that county, in accordance with the annual
notification required by this subsection. The lists provided
by the department of information services shall be in an
electronic format mutually agreed upon by the superior court
requesting it and the department of information services.
The annual merger of the list of registered voters residing in
each county with the list of licensed drivers and identicard
holders residing in each county to form a jury source list for
each county shall be in accordance with the standards and
methodology established in this chapter or by superseding
court rule whether the merger is accomplished by the
department of information services or by a county.
(2002 Ed.)
Juries
(2) Persons on the lists of registered voters and driver’s
license and identicard holders shall be identified by a
minimum of last name, first name, middle initial where
available, date of birth, gender, and county of residence.
Identifying information shall be used when merging the lists
to ensure to the extent reasonably possible that persons are
only listed once on the merged list. Conflicts in addresses
are to be resolved by using the most recent record by date of
last vote in a general election, date of driver’s license or
identicard address change or date of voter registration.
(3) The department of information services shall provide
counties that elect to receive a jury source list merged by
department of information services with a list of names
which are possible duplicates that cannot be resolved based
on the identifying information required under subsection (2)
of this section. If a possible duplication cannot subsequently
be resolved satisfactorily through reasonable efforts by the
county receiving the merged list, the possible duplicate name
shall be stricken from the jury source list until the next
annual jury source list is prepared. [1993 c 408 § 3.]
Severability—1993 c 408: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 408 § 14.]
Effective dates—1993 c 408: "(1) Sections 1, 2, 3, 6, 8, and 13 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993.
(2) Sections 10 and 12 of this act shall take effect March 1, 1994.
(3) The remainder of this act shall take effect September 1, 1994."
[1993 c 408 § 15.]
2.36.055 Jury source list—Master jury list—
Compilation. The superior court at least annually shall
cause a jury source list to be compiled from a list of all
registered voters and a list of licensed drivers and identicard
holders residing in the county.
The superior court upon receipt of the jury source list
shall compile a master jury list. The master jury list shall be
certified by the superior court and filed with the county
clerk. All previous jury source lists and master jury lists
shall be superseded. In the event that, for any reason, a
county’s jury source list is not timely created and available
for use at least annually, the most recent previously compiled jury source list for that county shall be used by the
courts of that county on an emergency basis only for the
shortest period of time until a current jury source list is created and available for use.
Upon receipt of amendments to the list of registered
voters and licensed drivers and identicard holders residing in
the county the superior court may update the jury source list
and master jury list as maintained by the county clerk
accordingly. [1993 c 408 § 5; 1988 c 188 § 4.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.057 Expanded jury source list—Court rules.
The supreme court is requested to adopt court rules to be
effective by September 1, 1994, regarding methodology and
standards for merging the list of registered voters in Washington state with the list of licensed drivers and identicard
(2002 Ed.)
2.36.054
holders in Washington state for purposes of creating an
expanded jury source list. The rules should specify the
standard electronic format or formats in which the lists will
be provided to requesting superior courts by the department
of information services. In the interim, and until such court
rules become effective, the methodology and standards
provided in RCW 2.36.054 shall apply. An expanded jury
source list shall be available to the courts for use by September 1, 1994. [1993 c 408 § 1.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
2.36.0571 Jury source list—Master jury list—
Adoption of rules for implementation of methodology and
standards by agencies. Not later than January 1, 1994, the
secretary of state, the department of licensing, and the
department of information services shall adopt administrative
rules as necessary to provide for the implementation of the
methodology and standards established pursuant to RCW
2.36.057 and 2.36.054 or by supreme court rule. [1993 c
408 § 2.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
2.36.063 Compilation of jury source list, master
jury list, and selection of jurors by electronic data
processing. The judge or judges of the superior court of
any county may employ a properly programmed electronic
data processing system or device to compile the jury source
list, and to compile the master jury list and to randomly
select jurors from the master jury list. [1993 c 408 § 6;
1988 c 188 § 5; 1973 2nd ex.s. c 13 § 1.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.065 Judges to ensure random selection—
Description of process. It shall be the duty of the judges of
the superior court to ensure continued random selection of
the master jury list and jury panels, which shall be done
without regard to whether a person’s name originally
appeared on the list of registered voters, or on the list of
licensed drivers and identicard holders, or both. The judges
shall review the process from time to time and shall cause to
be kept on file with the county clerk a description of the jury
selection process. Any person who desires may inspect this
description in said office.
Nothing in this chapter shall be construed as requiring
uniform equipment or method throughout the state, so long
as fair and random selection of the master jury list and jury
panels is achieved. [1993 c 408 § 7; 1988 c 188 § 6.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.070 Qualification of juror. A person shall be
competent to serve as a juror in the state of Washington
unless that person:
(1) Is less than eighteen years of age;
(2) Is not a citizen of the United States;
[Title 2 RCW—page 35]
2.36.070
Title 2 RCW: Courts of Record
(3) Is not a resident of the county in which he or she
has been summoned to serve;
(4) Is not able to communicate in the English language;
or
(5) Has been convicted of a felony and has not had his
or her civil rights restored. [1988 c 188 § 7; 1975 1st ex.s.
c 203 § 1; 1971 ex.s. c 292 § 3; 1911 c 57 § 1; RRS § 94.
Prior: 1909 c 73 § 1.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2.36.072 Determination of juror qualification—
Written declaration. Each court shall establish a means to
preliminarily determine by a written declaration signed under
penalty of perjury by the person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned
for jury duty prior to their appearance at the court to which
they are summoned to serve. Upon receipt by the summoning court of a written declaration stating that a declarant
does not meet the qualifications set forth in RCW 2.36.070,
that declarant shall be excused from appearing in response
to the summons. If a person summoned to appear for jury
duty fails to sign and return a declaration of his or her
qualifications to serve as a juror prior to appearing in
response to a summons and is later determined to be
unqualified for one of the reasons set forth in RCW
2.36.070, that person shall not be entitled to any compensation as provided in RCW 2.36.150. Information provided to
the court for preliminary determination of statutory qualification for jury duty may only be used for the term such person
is summoned and may not be used for any other purpose,
except that the court, or designee, may report a change of
address or nondelivery of summons of persons summoned
for jury duty to the county auditor. [1993 c 408 § 9.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
2.36.080 Selection of jurors—State policy—
Exclusion for race, color, religion, sex, national origin, or
economic status prohibited. (1) It is the policy of this state
that all persons selected for jury service be selected at
random from a fair cross section of the population of the
area served by the court, and that all qualified citizens have
the opportunity in accordance with chapter 135, Laws of
1979 ex. sess. to be considered for jury service in this state
and have an obligation to serve as jurors when summoned
for that purpose.
(2) It is the policy of this state to maximize the availability of residents of the state for jury service. It also is the
policy of this state to minimize the burden on the prospective jurors, their families, and employers resulting from jury
service. The jury term and jury service should be set at as
brief an interval as is practical given the size of the jury
source list for the judicial district. The optimal jury term is
two weeks or less. Optimal juror service is one day or one
trial, whichever is longer.
(3) A citizen shall not be excluded from jury service in
this state on account of race, color, religion, sex, national
origin, or economic status.
[Title 2 RCW—page 36]
(4) This section does not affect the right to peremptory
challenges under RCW 4.44.130. [1992 c 93 § 2; 1979 ex.s.
c 135 § 2; 1967 c 39 § 1; 1911 c 57 § 2; RRS § 95. Prior:
1909 c 73 § 2.]
Severability—1979 ex.s. c 135: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 135 § 12.]
2.36.093 Selection of jurors—Length and number
of terms—Time of service. (1) At such time as the judge
or judges of any court of any county shall deem that the
public business requires a jury term to be held, the judge or
judges shall direct that a jury panel be selected and summoned to serve for the ensuing jury term or terms.
(2) The court shall establish the length and number of
jury terms in a consecutive twelve-month period, and shall
establish the time of juror service consistent with the
provisions of RCW 2.36.010. [1992 c 93 § 3; 1988 c 188
§ 8; 1973 2nd ex.s. c 13 § 2.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.095 Summons to persons selected. (1) Persons
selected to serve on a petit jury, grand jury, or jury of
inquest shall be summoned by mail or personal service. The
county clerk shall issue summons and thereby notify persons
selected for jury duty. The clerk may issue summons for
any jury term, in any consecutive twelve-month period, at
any time thirty days or more before the beginning of the jury
term for which the summons are issued. However, when
applicable, the provisions of RCW 2.36.130 apply.
(2) In courts of limited jurisdiction summons shall be
issued by the court. Upon the agreement of the courts, the
county clerk may summon jurors for any and all courts in
the county or judicial district.
(3) The county clerk shall notify the county auditor of
each summons for jury duty that is returned by the postal
service as undeliverable. [1993 c 408 § 8; 1992 c 93 § 4;
1990 c 140 § 1; 1988 c 188 § 9.]
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.100 Excuse from service—Reasons—
Assignment to another term—Summons for additional
service—Certification of prior service. (1) Except for a
person who is not qualified for jury service under RCW
2.36.070, no person may be excused from jury service by the
court except upon a showing of undue hardship, extreme
inconvenience, public necessity, or any reason deemed
sufficient by the court for a period of time the court deems
necessary.
(2) At the discretion of the court’s designee, after a
request by a prospective juror to be excused, a prospective
juror excused from juror service for a particular time may be
assigned to another jury term within the twelve-month
period. If the assignment to another jury term is made at the
time a juror is excused from the jury term for which he or
she was summoned, a second summons under RCW
2.36.095 need not be issued.
(2002 Ed.)
Juries
(3) When the jury source list has been fully summoned
within a consecutive twelve-month period and additional
jurors are needed, jurors who have already served during the
consecutive twelve-month period may be summoned again
for service. A juror who has previously served may only be
excused if he or she served at least two weeks of juror
service within the preceding twelve months. An excuse for
prior service shall be granted only upon the written request
of the prospective juror, which request shall certify the terms
of prior service. Prior jury service may include service in
superior court, in a court of limited jurisdiction, in the
United States District Court, or on a jury of inquest. [1992
c 93 § 5; 1988 c 188 § 10; 1983 c 181 § 1; 1979 ex.s. c 135
§ 3; 1911 c 57 § 7; RRS § 100. Prior: 1909 c 73 § 7.]
2.36.100
within an adult or juvenile correctional institution: PROVIDED FURTHER, That the compensation paid jurors shall
be determined by the county legislative authority and shall
be uniformly applied within the county. [1987 c 202 § 105;
1979 ex.s. c 135 § 7; 1975 1st ex.s. c 76 § 1; 1959 c 73 §
1; 1951 c 51 § 2; 1943 c 188 § 1; 1933 c 52 § 1; 1927 c
171 § 1; 1907 c 56 § 1, part; Rem. Supp. 1943 § 4229.
Prior: 1903 c 151 § 1, part; 1893 p 421 § 1, part; Code
1881 § 2086, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
Travel expense in lieu of mileage in certain cases: RCW 2.40.030.
2.36.130 Additional names. If for any reason the
jurors drawn for service upon a jury for any term shall not
be sufficient to dispose of the pending jury business, or
where no jury is in regular attendance and the business of
the court may require the attendance of a jury before a
regular term, the judge or judges of any court may direct the
random selection and summoning from the master jury list
such additional names as they may consider necessary.
[1988 c 188 § 12; 1911 c 57 § 6; RRS § 99.]
2.36.165 Leave of absence from employment to be
provided—Denial of promotional opportunities prohibited—Penalty—Civil action. (1) An employer shall provide
an employee with a sufficient leave of absence from employment to serve as a juror when that employee is summoned
pursuant to chapter 2.36 RCW.
(2) An employer shall not deprive an employee of
employment or threaten, coerce, or harass an employee, or
deny an employee promotional opportunities because the
employee receives a summons, responds to the summons,
serves as a juror, or attends court for prospective jury
service.
(3) An employer who intentionally violates subsection
(1) or (2) of this section shall be guilty of a misdemeanor.
(4) If an employer commits an act in violation of
subsection (2) of this section the employee may bring a civil
action for damages as a result of the violation and for an
order requiring the reinstatement of the employee. If the
employee prevails, the employee shall be allowed a reasonable attorney’s fee as determined by the court.
(5) For purposes of this section employer means any
person, association, partnership, or private or public corporation who employs or exercises control over wages, hours, or
working conditions of one or more employees. [1988 c 188
§ 13.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
2.36.150 Compensation of jurors—Reimbursement
of counties for jury and witness fees in certain cases.
Jurors shall receive for each day’s attendance, besides
mileage at the rate determined under RCW 43.03.060, the
following compensation:
(1) Grand jurors may receive up to twenty-five dollars
but in no case less than ten dollars;
(2) Petit jurors may receive up to twenty-five dollars but
in no case less than ten dollars;
(3) Coroner’s jurors may receive up to twenty-five
dollars but in no case less than ten dollars;
(4) District court jurors may receive up to twenty-five
dollars but in no case less than ten dollars:
PROVIDED, That a person excused from jury service at his
or her own request shall be allowed not more than a per
diem and such mileage, if any, as to the court shall seem just
and equitable under all circumstances: PROVIDED FURTHER, That the state shall fully reimburse the county in
which trial is held for all jury fees and witness fees related
to criminal cases which result from incidents occurring
2.36.170 Failure of juror to appear—Penalty. A
person summoned for jury service who intentionally fails to
appear as directed shall be guilty of a misdemeanor. [1988
c 188 § 14.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
2.36.110 Judge must excuse unfit person. It shall be
the duty of a judge to excuse from further jury service any
juror, who in the opinion of the judge, has manifested
unfitness as a juror by reason of bias, prejudice, indifference,
inattention or any physical or mental defect or by reason of
conduct or practices incompatible with proper and efficient
jury service. [1988 c 188 § 11; 1925 ex.s. c 191 § 3; RRS
§ 97-1.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
(2002 Ed.)
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Chapter 2.40
WITNESSES
Sections
2.40.010
2.40.020
Witness fees and mileage.
Witness fee and mileage in civil cases demandable in advance.
2.40.030
Travel expense in lieu of mileage in certain cases.
2.40.040
Attorney of record not entitled to witness fee in case.
Discovery and depositions: Title 5 RCW; see also Rules of Court: CR 26
through 37.
District courts, witnesses: Chapter 12.16 RCW.
Utilities and transportation commission proceedings, witness fees: RCW
80.04.040, 81.04.040.
[Title 2 RCW—page 37]
Chapter 2.40
Title 2 RCW: Courts of Record
Witness fees and mileage in criminal cases: RCW 10.01.130, 10.01.140,
10.52.040.
Witnesses: Chapters 5.56 and 5.60 RCW.
2.40.010 Witness fees and mileage. Witnesses shall
receive for each day’s attendance in all courts of record of
this state the same compensation per day and per mile as
jurors in superior court. Witnesses in any other court shall
receive for each day’s attendance the same compensation per
day and per mile as jurors in district court. [1987 c 202 §
106; 1977 ex.s. c 54 § 1; 1951 c 51 § 3; 1907 c 56 § 1, part;
RRS § 497, part. Prior: 1903 c 151 § 1, part; 1893 p 421
§ 1, part; Code 1881 § 2086, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
2.40.020 Witness fee and mileage in civil cases
demandable in advance. Witnesses in civil cases shall be
entitled to receive, upon demand, their fees for one day’s
attendance, together with mileage going to the place where
they are required to attend, if such demand is made to the
officer or person serving the subpoena at the time of service.
[Code 1881 § 2100; 1869 p 374 § 22; RRS § 507.]
2.40.030 Travel expense in lieu of mileage in certain
cases. Whenever a juror, witness or officer is required to
attend a court, or travel on official business out of the limits
of his own county, and entitled to mileage, in lieu thereof he
may at his option receive his actual and necessary traveling
expenses by the usually traveled route in going to and
returning from the place where the court is held, or where
the business is discharged. At the close of each term of the
district court, the clerk shall ascertain the amount due each
juror for his mileage and per diem; and he shall also certify
the amount of fees that may be due to the sheriff of any
other county than that in which the court is held, who may
have attended the term, having a prisoner in custody charged
with or convicted of a crime, or for the purpose of conveying such prisoner to or from the county, which, when
approved by the court or judge, shall be a charge upon the
county to which the prisoner belongs; and he shall also
certify the amount which may be due witnesses attending
from another county in a criminal case for their fees, which,
when approved by the court or judge, shall be a charge upon
the county to which the case belongs. [Code 1881 § 2109;
1869 p 419 § 7; 1863 p 424 §§ 6, 8; RRS §§ 509, 4230.]
Compensation of jurors: RCW 2.36.150.
County officers—Expenses: RCW 42.24.090.
Salaried officers not to receive witness fees: RCW 42.16.020.
State officers—Subsistence and mileage: RCW 43.03.050, 43.03.060.
Witness fees as costs in civil actions: RCW 4.84.090.
2.40.040 Attorney of record not entitled to witness
fee in case. No attorney in any case shall be allowed any
fees as a witness in such case. [Code 1881 § 2095; 1869 p
374 § 17; RRS § 502.]
[Title 2 RCW—page 38]
Chapter 2.42
INTERPRETERS IN LEGAL PROCEEDINGS
Sections
2.42.010
Legislative declaration—Intent.
2.42.050
Oath.
2.42.110
Definitions.
2.42.120
Appointment, pay.
2.42.130
Source of interpreters, qualifications.
2.42.140
Intermediary interpreter, when.
2.42.150
Waiver of right to interpreter.
2.42.160
Privileged communication.
2.42.170
Fee.
2.42.180
Visual recording of testimony.
Rules of court: ER 604.
2.42.010 Legislative declaration—Intent. It is
hereby declared to be the policy of this state to secure the
constitutional rights of deaf persons and of other persons
who, because of impairment of hearing or speech, are unable
to readily understand or communicate the spoken English
language, and who consequently cannot be fully protected in
legal proceedings unless qualified interpreters are available
to assist them.
It is the intent of the legislature in the passage of this
chapter to provide for the appointment of such interpreters.
[1989 c 358 § 12; 1983 c 222 § 1; 1973 c 22 § 1.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.42.050 Oath. Every qualified interpreter appointed
under this chapter in a judicial or administrative proceeding
shall, before beginning to interpret, take an oath that a true
interpretation will be made to the person being examined of
all the proceedings in a manner which the person understands, and that the interpreter will repeat the statements of
the person being examined to the court or other agency
conducting the proceedings, to the best of the interpreter’s
skill and judgment. [1989 c 358 § 14; 1985 c 389 § 20;
1973 c 22 § 5.]
Rules of court: ER 604.
Severability—1989 c 358: See note following RCW 2.43.010.
2.42.110 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Impaired person" means a person who, because of
a hearing or speech impairment, cannot readily understand
or communicate in spoken language; and includes persons
who are deaf, deaf and blind, speech impaired, or hard of
hearing.
(2) "Qualified interpreter" means a visual language
interpreter who is certified by the state or is certified by the
registry of interpreters for the deaf to hold the comprehensive skills certificate or both certificates of interpretation and
transliteration, or an interpreter who can readily translate
statements of speech impaired persons into spoken language.
(3) "Intermediary interpreter" means a hearing impaired
interpreter who holds a reverse skills certificate by the state
or is certified by the registry of interpreters for the deaf with
a reverse skills certificate, who meets the requirements of
RCW 2.42.130, and who is able to assist in providing an
accurate interpretation between spoken and sign language or
(2002 Ed.)
Interpreters in Legal Proceedings
between variants of sign language by acting as an intermediary between a hearing impaired person and a qualified
hearing interpreter.
(4) "Appointing authority" means the presiding officer
or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the
state or of any political subdivision. [1991 c 171 § 1; 1985
c 389 § 11.]
2.42.120 Appointment, pay. (1) If a hearing impaired person is a party or witness at any stage of a judicial
or quasi-judicial proceeding in the state or in a political
subdivision, including but not limited to civil and criminal
court proceedings, grand jury proceedings, proceedings
before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any
proceeding in which a hearing impaired person may be
subject to confinement or criminal sanction, the appointing
authority shall appoint and pay for a qualified interpreter to
interpret the proceedings.
(2) If the parent, guardian, or custodian of a juvenile
brought before a court is hearing impaired, the appointing
authority shall appoint and pay for a qualified interpreter to
interpret the proceedings.
(3) If a hearing impaired person participates in a
program or activity ordered by a court as part of the sentence or order of disposition, required as part of a diversion
agreement or deferred prosecution program, or required as a
condition of probation or parole, the appointing authority
shall appoint and pay for a qualified interpreter to interpret
exchange of information during the program or activity.
(4) If a law enforcement agency conducts a criminal
investigation involving the interviewing of a hearing impaired person, whether as a victim, witness, or suspect, the
appointing authority shall appoint and pay for a qualified
interpreter throughout the investigation. Whenever a law
enforcement agency conducts a criminal investigation
involving the interviewing of a minor child whose parent,
guardian, or custodian is hearing impaired, whether as a
victim, witness, or suspect, the appointing authority shall
appoint and pay for a qualified interpreter throughout the
investigation. No employee of the law enforcement agency
who has responsibilities other than interpreting may be
appointed as the qualified interpreter.
(5) If a hearing impaired person is arrested for an
alleged violation of a criminal law the arresting officer or the
officer’s supervisor shall, at the earliest possible time,
procure and arrange payment for a qualified interpreter for
any notification of rights, warning, interrogation, or taking of
a statement. No employee of the law enforcement agency
who has responsibilities other than interpreting may be
appointed as the qualified interpreter.
(6) Where it is the policy and practice of a court of this
state or of a political subdivision to appoint and pay counsel
for persons who are indigent, the appointing authority shall
appoint and pay for a qualified interpreter for hearing
impaired persons to facilitate communication with counsel in
all phases of the preparation and presentation of the case.
[1985 c 389 § 12.]
(2002 Ed.)
2.42.110
2.42.130 Source of interpreters, qualifications. (1)
If a qualified interpreter for a hearing impaired person is
required, the appointing authority shall request a qualified
interpreter and/or an intermediary interpreter through the
department of social and health services, office of deaf
services, or through any community center for hearing
impaired persons which operates an interpreter referral
service. The office of deaf services and these community
centers shall maintain an up-to-date list or lists of interpreters that are certified by the state and/or by the registry of
interpreters for the deaf.
(2) The appointing authority shall make a preliminary
determination, on the basis of testimony or stated needs of
the hearing impaired person, that the interpreter is able in
that particular proceeding, program, or activity to interpret
accurately all communication to and from the hearing
impaired person. If at any time during the proceeding,
program, or activity, in the opinion of the hearing impaired
person or a qualified observer, the interpreter does not
provide accurate, impartial, and effective communication
with the hearing impaired person the appointing authority
shall appoint another qualified interpreter. No otherwise
qualified interpreter who is a relative of any participant in
the proceeding may be appointed. [1991 c 171 § 2; 1985 c
389 § 13.]
2.42.140 Intermediary interpreter, when. If the
communication mode or language of the hearing impaired
person is not readily interpretable, the interpreter or hearing
impaired person shall notify the appointing authority who
shall appoint and pay an intermediary interpreter to assist the
qualified interpreter. [1985 c 389 § 14.]
2.42.150 Waiver of right to interpreter. (1) The
right to a qualified interpreter may not be waived except
when:
(a) A hearing impaired person requests a waiver through
the use of a qualified interpreter;
(b) The counsel, if any, of the hearing impaired person
consents; and
(c) The appointing authority determines that the waiver
has been made knowingly, voluntarily, and intelligently.
(2) Waiver of a qualified interpreter shall not preclude
the hearing impaired person from claiming his or her right
to a qualified interpreter at a later time during the proceeding, program, or activity. [1985 c 389 § 15.]
2.42.160 Privileged communication. (1) A qualified
and/or intermediary interpreter shall not, without the written
consent of the parties to the communication, be examined as
to any communication the interpreter interprets under
circumstances where the communication is privileged by law.
(2) A qualified and/or intermediary interpreter shall not,
without the written consent of the parties to the communication, be examined as to any information the interpreter
obtains while interpreting pertaining to any proceeding then
pending. [1991 c 171 § 3; 1985 c 389 § 16.]
2.42.170 Fee. A qualified and/or intermediary
interpreter appointed under this chapter is entitled to a
reasonable fee for services, including waiting time and
[Title 2 RCW—page 39]
2.42.170
Title 2 RCW: Courts of Record
reimbursement for actual necessary travel expenses. The fee
for services for interpreters for hearing impaired persons
shall be in accordance with standards established by the
department of social and health services, office of deaf
services. [1991 c 171 § 4; 1985 c 389 § 17.]
2.42.180 Visual recording of testimony. At the
request of any party to the proceeding or on the appointing
authority’s initiative, the appointing authority may order that
the testimony of the hearing impaired person and the
interpretation of the proceeding by the qualified interpreter
be visually recorded for use in verification of the official
transcript of the proceeding.
In any judicial proceeding involving a capital offense,
the appointing authority shall order that the testimony of the
hearing impaired person and the interpretation of the
proceeding by the qualified interpreter be visually recorded
for use in verification of the official transcript of the
proceeding. [1985 c 389 § 18.]
Chapter 2.43
INTERPRETERS FOR
NON-ENGLISH-SPEAKING PERSONS
Sections
2.43.010
2.43.020
2.43.030
2.43.040
2.43.050
2.43.060
2.43.070
2.43.080
Legislative intent.
Definitions.
Appointment of interpreter.
Fees and expenses—Cost of providing interpreter.
Oath.
Waiver of right to interpreter.
Testing, certification of interpreters.
Code of ethics.
2.43.010 Legislative intent. It is hereby declared to
be the policy of this state to secure the rights, constitutional
or otherwise, of persons who, because of a non-Englishspeaking cultural background, are unable to readily understand or communicate in the English language, and who
consequently cannot be fully protected in legal proceedings
unless qualified interpreters are available to assist them.
It is the intent of the legislature in the passage of this
chapter to provide for the use and procedure for the appointment of such interpreters. Nothing in chapter 358, Laws of
1989 abridges the parties’ rights or obligations under other
statutes or court rules or other law. [1989 c 358 § 1.
Formerly RCW 2.42.200.]
Severability—1989 c 358: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 358 § 10.]
2.43.020 Definitions. As used in this chapter:
(1) "Non-English-speaking person" means any person
involved in a legal proceeding who cannot readily speak or
understand the English language, but does not include
hearing-impaired persons who are covered under chapter
2.42 RCW.
(2) "Qualified interpreter" means a person who is able
readily to interpret or translate spoken and written English
for non-English-speaking persons and to interpret or translate
[Title 2 RCW—page 40]
oral or written statements of non-English-speaking persons
into spoken English.
(3) "Legal proceeding" means a proceeding in any court
in this state, grand jury hearing, or hearing before an inquiry
judge, or before [an] administrative board, commission,
agency, or licensing body of the state or any political
subdivision thereof.
(4) "Certified interpreter" means an interpreter who is
certified by the office of the administrator for the courts.
(5) "Appointing authority" means the presiding officer
or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the
state or of any political subdivision thereof. [1989 c 358 §
2. Formerly RCW 2.42.210.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.030 Appointment of interpreter. (1) Whenever
an interpreter is appointed to assist a non-English-speaking
person in a legal proceeding, the appointing authority shall,
in the absence of a written waiver by the person, appoint a
certified or a qualified interpreter to assist the person
throughout the proceedings.
(a) Except as otherwise provided for in (b) of this
subsection, the interpreter appointed shall be a qualified
interpreter.
(b) Beginning on July 1, 1990, when a non-Englishspeaking person is a party to a legal proceeding, or is
subpoenaed or summoned by an appointing authority or is
otherwise compelled by an appointing authority to appear at
a legal proceeding, the appointing authority shall use the
services of only those language interpreters who have been
certified by the office of the administrator for the courts,
unless good cause is found and noted on the record by the
appointing authority. For purposes of chapter 358, Laws of
1989, "good cause" includes but is not limited to a determination that:
(i) Given the totality of the circumstances, including the
nature of the proceeding and the potential penalty or consequences involved, the services of a certified interpreter are
not reasonably available to the appointing authority; or
(ii) The current list of certified interpreters maintained
by the office of the administrator for the courts does not
include an interpreter certified in the language spoken by the
non-English-speaking person.
(c) Except as otherwise provided in this section, when
a non-English-speaking person is involved in a legal proceeding, the appointing authority shall appoint a qualified
interpreter.
(2) If good cause is found for using an interpreter who
is not certified or if a qualified interpreter is appointed, the
appointing authority shall make a preliminary determination,
on the basis of testimony or stated needs of the non-Englishspeaking person, that the proposed interpreter is able to
interpret accurately all communications to and from such
person in that particular proceeding. The appointing authority shall satisfy itself on the record that the proposed interpreter:
(a) Is capable of communicating effectively with the
court or agency and the person for whom the interpreter
would interpret; and
(2002 Ed.)
Interpreters for Non-English-Speaking Persons
(b) Has read, understands, and will abide by the code of
ethics for language interpreters established by court rules.
[1990 c 183 § 1; 1989 c 358 § 3. Formerly RCW 2.42.220.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.040 Fees and expenses—Cost of providing
interpreter. (1) Interpreters appointed according to this
chapter are entitled to a reasonable fee for their services and
shall be reimbursed for actual expenses which are reasonable
as provided in this section.
(2) In all legal proceedings in which the non-Englishspeaking person is a party, or is subpoenaed or summoned
by the appointing authority or is otherwise compelled by the
appointing authority to appear, including criminal proceedings, grand jury proceedings, coroner’s inquests, mental
health commitment proceedings, and other legal proceedings
initiated by agencies of government, the cost of providing
the interpreter shall be borne by the governmental body
initiating the legal proceedings.
(3) In other legal proceedings, the cost of providing the
interpreter shall be borne by the non-English-speaking person
unless such person is indigent according to adopted standards
of the body. In such a case the cost shall be an administrative cost of the governmental body under the authority of
which the legal proceeding is conducted.
(4) The cost of providing the interpreter is a taxable cost
of any proceeding in which costs ordinarily are taxed. [1989
c 358 § 4. Formerly RCW 2.42.230.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.030
(2) The office of the administrator for the courts shall
work cooperatively with community colleges and other
private or public educational institutions, and with other
public or private organizations to establish a certification
preparation curriculum and suitable training programs to
ensure the availability of certified interpreters. Training
programs shall be made readily available in both eastern and
western Washington locations.
(3) The office of the administrator for the courts shall
establish and adopt standards of proficiency, written and
oral, in English and the language to be interpreted.
(4) The office of the administrator for the courts shall
conduct periodic examinations to ensure the availability of
certified interpreters. Periodic examinations shall be made
readily available in both eastern and western Washington
locations.
(5) The office of the administrator for the courts shall
compile, maintain, and disseminate a current list of interpreters certified by the office of the administrator for the courts.
(6) The office of the administrator for the courts may
charge reasonable fees for testing, training, and certification.
[1989 c 358 § 7. Formerly RCW 2.42.260.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.080 Code of ethics. All language interpreters
serving in a legal proceeding, whether or not certified or
qualified, shall abide by a code of ethics established by
supreme court rule. [1989 c 358 § 8. Formerly RCW
2.42.270.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.050 Oath. Before beginning to interpret, every
interpreter appointed under this chapter shall take an oath
affirming that the interpreter will make a true interpretation
to the person being examined of all the proceedings in a
language which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or agency conducting the proceedings, in
the English language, to the best of the interpreter’s skill and
judgment. [1989 c 358 § 5. Formerly RCW 2.42.240.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.060 Waiver of right to interpreter. (1) The
right to a qualified interpreter may not be waived except
when:
(a) A non-English-speaking person requests a waiver;
and
(b) The appointing authority determines on the record
that the waiver has been made knowingly, voluntarily, and
intelligently.
(2) Waiver of a qualified interpreter may be set aside
and an interpreter appointed, in the discretion of the appointing authority, at any time during the proceedings. [1989 c
358 § 6. Formerly RCW 2.42.250.]
Severability—1989 c 358: See note following RCW 2.43.010.
2.43.070 Testing, certification of interpreters. (1)
Subject to the availability of funds, the office of the administrator for the courts shall establish and administer a comprehensive testing and certification program for language
interpreters.
(2002 Ed.)
Chapter 2.44
ATTORNEYS AT LAW
Sections
2.44.010
Authority of attorney.
2.44.020
Appearance without authority—Procedure.
2.44.030
Production of authority to act.
2.44.040
Change of attorneys.
2.44.050
Notice of change and substitution.
2.44.060
Death or removal of attorney—Proceedings.
Rules of court: See Code of professional responsibility.
Attorney as witness: Rules of court: CR 43(g); Code of Professional
Responsibility—DR 5-102.
Attorney fee in appeals from board of industrial insurance appeals: RCW
51.52.130.
Legal aid: Chapter 2.50 RCW.
Lien for attorneys’ fees: Chapter 60.40 RCW.
Prosecuting attorneys, duties in general: Chapter 36.27 RCW.
Salaried attorney of trust company or national bank not allowed fee for
probating estate: RCW 11.36.010.
2.44.010 Authority of attorney. An attorney and
counselor has authority:
(1) To bind his client in any of the proceedings in an
action or special proceeding by his agreement duly made, or
entered upon the minutes of the court; but the court shall
disregard all agreements and stipulations in relation to the
conduct of, or any of the proceedings in, an action or special
proceeding unless such agreement or stipulation be made in
open court, or in presence of the clerk, and entered in the
[Title 2 RCW—page 41]
2.44.010
Title 2 RCW: Courts of Record
minutes by him, or signed by the party against whom the
same is alleged, or his attorney;
(2) To receive money claimed by his client in an action
or special proceeding, during the pendency thereof, or after
judgment upon the payment thereof, and not otherwise, to
discharge the same or acknowledge satisfaction of the
judgment;
(3) This section shall not prevent a party [from] employing a new attorney or from issuing an execution upon a
judgment, or from taking other proceedings prescribed by
statute for its enforcement. [Code 1881 § 3280; 1863 p 404
§ 6; RRS § 130.]
2.44.020 Appearance without authority—Procedure.
If it be alleged by a party for whom an attorney appears, that
he does so without authority, the court may, at any stage of
the proceedings, relieve the party for whom the attorney has
assumed to appear from the consequences of his act; it may
also summarily, upon motion, compel the attorney to repair
the injury to either party consequent upon his assumption of
authority. [Code 1881 § 3281; 1863 p 405 § 7; RRS § 131.]
2.44.030 Production of authority to act. The court,
or a judge, may, on motion of either party, and on showing
reasonable grounds therefor, require the attorney for the
adverse party, or for any one of several adverse parties, to
produce or prove the authority under which he appears, and
until he does so, may stay all proceedings by him on behalf
of the party for whom he assumes to appear. [Code 1881 §
3282; 1863 p 405 § 8; RRS § 132.]
2.44.040 Change of attorneys. The attorney in an
action or special proceeding, may be changed at any time
before judgment or final determination as follows:
(1) Upon his own consent, filed with the clerk or
entered upon the minutes; or
(2) Upon the order of the court, or a judge thereof, on
the application of the client, or for other sufficient cause; but
no such change can be made until the charges of such
attorney have been paid by the party asking such change to
be made. [Code 1881 § 3283; 1863 p 405 § 9; RRS § 133.]
2.44.050 Notice of change and substitution. When
an attorney is changed, as provided in RCW 2.44.040,
written notice of the change, and of the substitution of a new
attorney, or of the appearance of the party in person, must be
given to the adverse party; until then, he shall be bound to
recognize the former attorney. [Code 1881 § 3284; 1863 p
405 § 10; RRS § 134.]
2.44.060
Death or removal of attorney—
Proceedings. When an attorney dies, or is removed, or
suspended, or ceases to act as such, a party to an action for
whom he was acting as attorney, must, at least twenty days
before any further proceedings against him, be required by
the adverse party, by written notice, to appoint another
attorney, or to appear in person. [Code 1881 § 3285; 1863
p 405 § 11; RRS § 135.]
[Title 2 RCW—page 42]
Chapter 2.48
STATE BAR ACT
Sections
2.48.010
2.48.020
2.48.021
2.48.030
2.48.035
Objects and powers.
First members.
New members.
Board of governors.
Board of governors—Membership—Effect of creation of
new congressional districts or boundaries.
2.48.040
State bar governed by board of governors.
2.48.050
Powers of governors.
2.48.060
Admission and disbarment.
2.48.070
Admission of veterans.
2.48.080
Admission of veterans—Establishment of requirements if in
service.
2.48.090
Admission of veterans—Establishment of requirements if
discharged.
2.48.100
Admission of veterans—Effect of disability discharge.
2.48.110
Admission of veterans—Fees of veterans.
2.48.130
Membership fee—Active.
2.48.140
Membership fee—Inactive.
2.48.150
Admission fees.
2.48.160
Suspension for nonpayment of fees.
2.48.165
Disbarment or license suspension—Nonpayment or default
on educational loan or scholarship.
2.48.166
Admission to or suspension from practice—Noncompliance
with support order—Rules.
2.48.170
Only active members may practice law.
2.48.180
Definitions—Unlawful practice a crime—Cause for discipline—Unprofessional conduct—Defense—Injunction—
Remedies—Costs—Attorneys’ fees—Time limit for
action.
2.48.190
Qualifications on admission to practice.
2.48.200
Restrictions on practice by certain officers.
2.48.210
Oath on admission.
2.48.220
Grounds of disbarment or suspension.
2.48.230
Code of ethics.
Rules of court: See Rules of Professional Responsibility, Rules for Lawyer
Discipline, also Admission to Practice Rules.
School district hearings, hearing officers as members of state bar association: RCW 28A.405.310.
Statute law committee, membership on: RCW 1.08.001.
2.48.010 Objects and powers. There is hereby
created as an agency of the state, for the purpose and with
the powers hereinafter set forth, an association to be known
as the Washington State Bar Association, hereinafter
designated as the state bar, which association shall have a
common seal and may sue and be sued, and which may, for
the purpose of carrying into effect and promoting the objects
of said association, enter into contracts and acquire, hold,
encumber and dispose of such real and personal property as
is necessary thereto. [1933 c 94 § 2; RRS § 138-2.]
Severability—1933 c 94: "If any section, subsection, sentence, clause
or phrase of this act or any rule adopted thereunder, is for any reason held
unconstitutional, such decision shall not affect the validity of the remaining
portions of this act nor of any other rule adopted hereunder. The legislature
hereby declares that it would have passed this act, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional." [1933 c 94 § 17.]
Short title—1933 c 94: "This act may be known and cited as the
State Bar Act." [1933 c 94 § 1.]
2.48.020 First members. The first members of the
Washington State Bar Association shall be all persons now
[on June 7, 1933] entitled to practice law in this state. [1933
c 94 § 3; RRS § 138-3. FORMER PART OF SECTION:
(2002 Ed.)
State Bar Act
1933 c 94 § 4; RRS § 138-4 now codified as RCW
2.48.021.]
2.48.021 New members. After the organization of the
state bar, as herein provided, all persons who are admitted to
practice in accordance with the provisions of RCW 2.48.010
through 2.48.180, except judges of courts of record, shall
become by that fact active members of the state bar. [1933
c 94 § 4; RRS § 138-4. Formerly RCW 2.48.020, part.]
2.48.030 Board of governors. There is hereby
constituted a board of governors of the state bar which shall
consist of not more than fifteen members, to include: The
president of the state bar elected as provided by the bylaws
of the association, one member from each congressional
district now or hereafter existing in the state elected by
secret ballot by mail by the active members residing therein,
and such additional members elected as provided by the
bylaws of the association. The members of the board of
governors shall hold office for three years and until their
successors are elected and qualified. Any vacancies in the
board of governors shall be filled by the continuing members
of the board until the next election, held in accordance with
the bylaws of the association.
The board shall not be deemed to be unlawfully
constituted and a member of the board shall not be deemed
ineligible to serve the remainder of the member’s unexpired
term on the board solely by reason of the establishment of
new or revised boundaries for congressional districts. [1982
1st ex.s. c 30 § 1; 1972 ex.s. c 66 § 1; 1933 c 94 § 5; RRS
§ 138-5.]
2.48.035 Board of governors—Membership—Effect
of creation of new congressional districts or boundaries.
The terms of office of members of the board of governors of
the state bar who are elected from the various congressional
districts shall not be affected by the creation of either new
boundaries for congressional districts or additional districts.
In such an event, each board member so elected may
continue to serve in office for the balance of the term for
which he or she was elected or appointed: PROVIDED,
That the board member continues to reside within the
boundaries of the congressional district as they existed at the
time of his or her election or appointment. Vacancies which
occur in a board member position during the balance of any
such term shall be filled pursuant to RCW 2.48.030, as now
or hereafter amended, by a successor who resides within the
boundaries of the congressional district from which the
member whose office was vacated was elected as they
existed at the time of his or her election. At the election
immediately preceding expiration of the term of office of
each board member provided for in this section following the
creation of either new boundaries for congressional districts
or additional districts, and thereafter, a successor shall be
elected from the congressional district which corresponds in
number with the congressional district from which the
incumbent was appointed or elected. [1982 1st ex.s. c 30 §
2.]
2.48.040 State bar governed by board of governors.
The state bar shall be governed by the board of governors
(2002 Ed.)
2.48.020
which shall be charged with the executive functions of the
state bar and the enforcement of the provisions of RCW
2.48.010 through 2.48.180 and all rules adopted in pursuance
thereof. The members of the board of governors shall
receive no salary by virtue of their office. [1933 c 94 § 6;
RRS § 138-6.]
2.48.050 Powers of governors. The said board of
governors shall have power, in its discretion, from time to
time to adopt rules
(1) concerning membership and the classification thereof
into active, inactive and honorary members; and
(2) concerning the enrollment and privileges of membership; and
(3) defining the other officers of the state bar, the time,
place and method of their selection, and their respective
powers, duties, terms of office and compensation; and
(4) concerning annual and special meetings; and
(5) concerning the collection, the deposit and the
disbursement of the membership and admission fees,
penalties, and all other funds; and
(6) providing for the organization and government of
district and/or other local subdivisions of the state bar; and
(7) providing for all other matters, whether similar to
the foregoing or not, affecting in any way whatsoever, the
organization and functioning of the state bar. Any such rule
may be modified, or rescinded, or a new rule adopted, by a
vote of the active members under rules to be prescribed by
the board of governors. [1933 c 94 § 7; RRS § 138-7.]
2.48.060 Admission and disbarment. The said board
of governors shall likewise have power, in its discretion,
from time to time to adopt rules, subject to the approval of
the supreme court, fixing the qualifications, requirements and
procedure for admission to the practice of law; and, with
such approval, to establish from time to time and enforce
rules of professional conduct for all members of the state
bar; and, with such approval, to appoint boards or committees to examine applicants for admission; and, to investigate,
prosecute and hear all causes involving discipline, disbarment, suspension or reinstatement, and make recommendations thereon to the supreme court; and, with such approval,
to prescribe rules establishing the procedure for the investigation and hearing of such matters, and establishing
county or district agencies to assist therein to the extent
provided by such rules: PROVIDED, HOWEVER, That no
person who shall have participated in the investigation or
prosecution of any such cause shall sit as a member of any
board or committee hearing the same. [1933 c 94 § 8; RRS
§ 138-8.]
Rules of court: See Rules for Lawyer Discipline, also Admission to
Practice Rules.
2.48.070 Admission of veterans. Any person who
shall have graduated from any accredited law school and
after such graduation shall have served in the armed forces
of the United States of America between December 7, 1941,
and the termination of the present World War, may be
admitted to the practice of law in the state of Washington
and to membership in the Washington State Bar Association,
[Title 2 RCW—page 43]
2.48.070
Title 2 RCW: Courts of Record
upon motion made before the supreme court of the state of
Washington, provided the following is made to appear:
(1) That the applicant is a person of good moral
character over the age of twenty-one years;
(2) That the applicant, at the time of entering the armed
forces of the United States, was a legal resident of the state
of Washington;
(3) That the applicant’s service in the armed forces of
the United States is or was satisfactory and honorable.
[1945 c 181 § 1; Rem. Supp. 1945 § 138-7A.]
Qualifications for admission to practice as prescribed by Rules of court:
Admission to Practice Rules.
2.48.080 Admission of veterans—Establishment of
requirements if in service. If an applicant under RCW
2.48.070 through 2.48.110 is, at the time he applies for
admission to practice law in the state of Washington, still in
the armed forces of the United States, he may establish the
requirements of the proviso in RCW 2.48.070 by a letter or
certificate from his commanding officer and by the certificates of at least two active members of the Washington
State Bar Association. [1945 c 181 § 2; Rem. Supp. 1945
§ 138-7B.]
2.48.090 Admission of veterans—Establishment of
requirements if discharged. If an applicant under RCW
2.48.070 through 2.48.110 is, at the time he applies for
admission to practice law in the state of Washington, no
longer in the armed forces of the United States, he may
establish the requirements of the proviso in RCW 2.48.070
as follows:
(1) If he shall have been an enlisted person, by producing an honorable discharge, and by the certificates of at least
two active members of the Washington State Bar Association.
(2) If he shall have been an officer, by an affidavit
showing that he has been relieved from active duty under
circumstances other than dishonorable, and by the certificates
of at least two active members of the Washington State Bar
Association. [1945 c 181 § 3; Rem. Supp. 1945 § 138-7C.]
2.48.100 Admission of veterans—Effect of disability
discharge. A physical disability discharge shall be considered an honorable discharge unless it be coupled with a
dishonorable discharge. [1945 c 181 § 4; Rem. Supp. 1945
§ 138-7D.]
2.48.110 Admission of veterans—Fees of veterans.
An applicant applying for admission to practice law under
the provisions of RCW 2.48.070 through 2.48.090, shall pay
the same fees as are required of residents of the state of
Washington seeking admission to practice law by examination. [1945 c 181 § 5; Rem. Supp. 1945 § 138-7E.]
2.48.130 Membership fee—Active. The annual
membership fees for active members shall be payable on or
before February 1st of each year. The board of governors
may establish the amount of such annual membership fee to
be effective each year: PROVIDED, That written notice of
any proposed increase in membership fee shall be sent to
active members not less than sixty days prior to the effective
[Title 2 RCW—page 44]
date of such increase: PROVIDED FURTHER, That the
board of governors may establish the fee at a reduced rate
for those who have been active members for less than five
years in this state or elsewhere. [1957 c 138 § 1; 1953 c
256 § 1; 1933 c 94 § 9; RRS § 138-9.]
2.48.140 Membership fee—Inactive. The annual
membership fee for inactive members shall be the sum of
two dollars, payable on or before the first day of February
of each year. [1955 c 34 § 1; 1933 c 94 § 10; RRS § 13810.]
2.48.150 Admission fees. Applicants for admission to
the bar upon accredited certificates or upon examination, not
having been admitted to the bar in another state or territory,
shall pay a fee of twenty-five dollars and all other applicants
a fee of fifty dollars. Said admission fees shall be used to
pay the expenses incurred in connection with examining and
admitting applicants to the bar, including salaries of examiners, and any balance remaining at the close of each biennium
shall be paid to the state treasurer and be by him credited to
the general fund. [1933 c 94 § 11; RRS § 138-11.]
Rules of court: Admission—APR 3(d).
2.48.160 Suspension for nonpayment of fees. Any
member failing to pay any fees after the same become due,
and after two months’ written notice of his delinquency,
must be suspended from membership in the state bar, but
may be reinstated upon payment of accrued fees and such
penalties as may be imposed by the board of governors, not
exceeding double the amount of the delinquent fee. [1933
c 94 § 12; RRS § 138-12.]
2.48.165 Disbarment or license suspension—
Nonpayment or default on educational loan or scholarship. The Washington state supreme court may provide by
court rule that nonpayment or default on a federally or stateguaranteed educational loan shall result in disbarment or
license suspension of the license of any person who has been
certified by a lending agency and reported to the court for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The
supreme court may reinstate the person when provided with
a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
[1996 c 293 § 1.]
Severability—1996 c 293: See note following RCW 18.04.420.
2.48.166 Admission to or suspension from practice—Noncompliance with support order—Rules. The
Washington state supreme court may provide by rule that no
person who has been certified by the department of social
and health services as a person who is in noncompliance
with a support order or a *residential or visitation order as
provided in RCW 74.20A.320 may be admitted to the
practice of law in this state, and that any member of the
Washington state bar association who has been certified by
the department of social and health services as a person who
is in noncompliance with a support order or a residential or
(2002 Ed.)
State Bar Act
visitation order as provided in RCW 74.20A.320 shall be
immediately suspended from membership. The court’s rules
may provide for review of an application for admission or
reinstatement of membership after the department of social
and health services has issued a release stating that the
person is in compliance with the order. [1997 c 58 § 810.]
Reviser’s note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Intent—1997 c 58: "The legislature intends that the license
suspension program established in chapter 74.20A RCW be implemented
fairly to ensure that child support obligations are met and that parents
comply with residential and visitation orders. However, being mindful of
the separations of powers and responsibilities among the branches of
government, the legislature strongly encourages the state supreme court to
adopt rules providing for suspension and denial of licenses related to the
practice of law to those individuals who are in noncompliance with a
support order or a residential or visitation order." [1997 c 58 § 809.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
2.48.170 Only active members may practice law.
No person shall practice law in this state subsequent to the
first meeting of the state bar unless he shall be an active
member thereof as hereinbefore defined: PROVIDED, That
a member of the bar in good standing in any other state or
jurisdiction shall be entitled to appear in the courts of this
state under such rules as the board of governors may
prescribe. [1933 c 94 § 13; RRS § 138-13.]
Rules of court: Admission—APR 5.
2.48.180 Definitions—Unlawful practice a crime—
Cause for discipline—Unprofessional conduct—Defense—
Injunction—Remedies—Costs—Attorneys’ fees—Time
limit for action. (1) As used in this section:
(a) "Legal provider" means an active member in good
standing of the state bar, and any other person authorized by
the Washington state supreme court to engage in full or
limited practice of law;
(b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to
practice law but who practices law outside that authorization,
and a person who is not an active member in good standing
of the state bar, including persons who are disbarred or
suspended from membership;
(c) "Ownership interest" means the right to control the
affairs of a business, or the right to share in the profits of a
business, and includes a loan to the business when the
interest on the loan is based upon the income of the business
or the loan carries more than a commercially reasonable rate
of interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or
herself out as entitled to practice law;
(b) A legal provider holds an investment or ownership
interest in a business primarily engaged in the practice of
(2002 Ed.)
2.48.166
law, knowing that a nonlawyer holds an investment or
ownership interest in the business;
(c) A nonlawyer knowingly holds an investment or
ownership interest in a business primarily engaged in the
practice of law;
(d) A legal provider works for a business that is
primarily engaged in the practice of law, knowing that a
nonlawyer holds an investment or ownership interest in the
business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3) Unlawful practice of law is a crime. A single
violation of this section is a gross misdemeanor. Each
subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony.
(4) Nothing contained in this section affects the power
of the courts to grant injunctive or other equitable relief or
to punish as for contempt.
(5) Whenever a legal provider or a person licensed by
the state in a business or profession is convicted, enjoined,
or found liable for damages or a civil penalty or other
equitable relief under this section, the plaintiff’s attorney
shall provide written notification of the judgment to the
appropriate regulatory or disciplinary body or agency.
(6) A violation of this section is cause for discipline and
constitutes unprofessional conduct that could result in any
regulatory penalty provided by law, including refusal,
revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that
constitutes a violation of this section is unprofessional
conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if
proven by the defendant by a preponderance of the evidence
that, at the time of the offense, the conduct alleged was
authorized by the rules of professional conduct or the admission to practice rules, or Washington business and professions licensing statutes or rules.
(8) Independent of authority granted to the attorney
general, the prosecuting attorney may petition the superior
court for an injunction against a person who has violated this
chapter. Remedies in an injunctive action brought by a
prosecuting attorney are limited to an order enjoining,
restraining, or preventing the doing of any act or practice
that constitutes a violation of this chapter and imposing a
civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs
and the costs of the action including a reasonable attorney’s
fee. The degree of proof required in an action brought under
this subsection is a preponderance of the evidence. An
action under this subsection must be brought within three
years after the violation of this chapter occurred. [2001 c
310 § 2. Prior: 1995 c 285 § 26; 1989 c 117 § 13; 1933 c
94 § 14; RRS § 138-14.]
Rules of court: RLD 1.1(h).
Purpose—2001 c 310: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
legislation relating to the crime of unlawful practice of law, enacted as
sections 26 and 27, chapter 285, Laws of 1995." [2001 c 310 § 1.]
Effective date—2001 c 310: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 310 § 5.]
Effective date—1995 c 285: See RCW 48.30A.900.
[Title 2 RCW—page 45]
2.48.180
Title 2 RCW: Courts of Record
Severability—Effective date—1989 c 117: See RCW 19.154.901
and 19.154.902.
Practicing law with disbarred attorney: RCW 2.48.220(9).
2.48.190 Qualifications on admission to practice.
No person shall be permitted to practice as an attorney or
counselor at law or to do work of a legal nature for compensation, or to represent himself or herself as an attorney or
counselor at law or qualified to do work of a legal nature,
unless he or she is a citizen of the United States and a bona
fide resident of this state and has been admitted to practice
law in this state: PROVIDED, That any person may appear
and conduct his or her own case in any action or proceeding
brought by or against him or her, or may appear in his or
her own behalf in the small claims department of the district
court: AND PROVIDED FURTHER, That an attorney of
another state may appear as counselor in a court of this state
without admission, upon satisfying the court that his or her
state grants the same right to attorneys of this state. [1987
c 202 § 107; 1921 c 126 § 4; RRS § 139-4. Prior: 1919 c
100 § 1; 1917 c 115 § 1.]
Rules of court: Admission—APR 5.
Reviser’s note: Last proviso, see later enactment, RCW 2.48.170.
Intent—1987 c 202: See note following RCW 2.04.190.
2.48.200 Restrictions on practice by certain officers.
No person shall practice law who holds a commission as
judge in any court of record, or as sheriff or coroner; nor
shall the clerk of the supreme court, the court of appeals, or
of the superior court or any deputy thereof practice in the
court of which he or she is clerk or deputy clerk: PROVIDED, It shall be unlawful for a deputy prosecuting attorney,
or for the employee, partner, or agent of a prosecuting
attorney, or for an attorney occupying offices with a prosecuting attorney, to appear for an adverse interest in any
proceeding in which a prosecuting attorney is appearing, or
to appear in any suit, action or proceeding in which a
prosecuting attorney is prohibited by law from appearing, but
nothing herein shall prohibit a prosecuting attorney or a
deputy prosecuting attorney from appearing in any action or
proceeding for an interest divergent from that represented in
the same action or proceeding by another attorney or special
attorney in or for the same office, so long as such appearances are pursuant to the duties of prosecuting attorneys as
set out in RCW 36.27.020 and such appearances are consistent with the code of professional responsibility or other
code of ethics adopted by the Washington state supreme
court, but nothing herein shall preclude a judge or justice of
a court of this state from finishing any business undertaken
in a court of the United States prior to him or her becoming
a judge or justice. [1992 c 225 § 1; 1975 1st ex.s. c 19 § 3;
1971 c 81 § 13; 1921 c 126 § 5; RRS § 139-5.]
Rules of court: Judicial ethics—CJC.
Administrator for the courts, assistant not to practice law: RCW 2.56.020.
Attorney general, deputies, assistants—Private practice of law prohibited:
RCW 43.10.115, 43.10.120, 43.10.125; but see RCW 43.10.130.
Clerk not to practice law: RCW 2.32.090.
Coroner not to practice law: RCW 36.24.170.
Judges may not practice law: State Constitution Art. 4 § 19 and RCW
2.06.090, 35.20.170; but see RCW 2.28.040.
Prosecuting and deputy prosecuting attorneys—Private practice prohibited
in certain counties: RCW 36.27.060.
[Title 2 RCW—page 46]
Registrar, deputy registrar of titles not to practice law: RCW 65.12.050.
Sheriff not to practice law: RCW 36.28.110.
2.48.210 Oath on admission. Every person before
being admitted to practice law in this state shall take and
subscribe the following oath:
I do solemnly swear:
I am a citizen of the United States and owe my allegiance thereto;
I will support the Constitution of the United States and
the Constitution of the state of Washington;
I will maintain the respect due to courts of justice and
judicial officers;
I will not counsel or maintain any suit or proceeding
which shall appear to me to be unjust, nor any defense
except such as I believe to be honestly debatable under the
law of the land, unless it be in defense of a person charged
with a public offense; I will employ for the purpose of
maintaining the causes confided to me such means only as
are consistent with truth and honor, and will never seek to
mislead the judge or jury by any artifice or false statement
of fact or law;
I will maintain the confidence and preserve inviolate the
secrets of my client, and will accept no compensation in
connection with his business except from him or with his
knowledge and approval;
I will abstain from all offensive personality, and
advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause
with which I am charged;
I will never reject, from any consideration personal to
myself, the cause of the defenseless or oppressed, or delay
any man’s cause for lucre or malice. So help me God.
[1921 c 126 § 12; RRS § 139-12. Prior: 1917 c 115 § 14.]
Rules of court: Admission—APR 5(c) and (d).
2.48.220 Grounds of disbarment or suspension. An
attorney or counselor may be disbarred or suspended for any
of the following causes arising after his admission to
practice:
(1) His conviction of a felony or misdemeanor involving
moral turpitude, in which case the record of conviction shall
be conclusive evidence.
(2) Wilful disobedience or violation of an order of the
court requiring him to do or forbear an act connected with,
or in the course of, his profession, which he ought in good
faith to do or forbear.
(3) Violation of his oath as an attorney, or of his duties
as an attorney and counselor.
(4) Corruptly or wilfully, and without authority, appearing as attorney for a party to an action or proceeding.
(5) Lending his name to be used as attorney and
counselor by another person who is not an attorney and
counselor.
(6) For the commission of any act involving moral
turpitude, dishonesty or corruption, whether the same be
committed in the course of his relations as an attorney or
counselor at law, or otherwise, and whether the same
constitute a felony or misdemeanor or not; and if the act
constitute a felony or misdemeanor, conviction thereof in a
(2002 Ed.)
State Bar Act
criminal proceeding shall not be a condition precedent to
disbarment or suspension from practice therefor.
(7) Misrepresentation or concealment of a material fact
made in his application for admission or in support thereof.
(8) Disbarment by a foreign court of competent jurisdiction.
(9) Practicing law with or in cooperation with a disbarred or suspended attorney, or maintaining an office for
the practice of law in a room or office occupied or used in
whole or in part by a disbarred or suspended attorney, or
permitting a disbarred or suspended attorney to use his name
for the practice of law, or practicing law for or on behalf of
a disbarred or suspended attorney, or practicing law under
any arrangement or understanding for division of fees or
compensation of any kind with a disbarred or suspended
attorney or with any person not a licensed attorney.
(10) Gross incompetency in the practice of the profession.
(11) Violation of the ethics of the profession. [1921 c
126 § 14; 1909 c 139 § 7; RRS § 139-14.]
Rules of court: RLD 1.1.
2.48.230 Code of ethics. The code of ethics of the
American Bar Association shall be the standard of ethics for
the members of the bar of this state. [1921 c 126 § 15; RRS
§ 139-15. Prior: 1917 c 115 § 20.]
Rules of court: See Code of Professional Responsibility, also Code of
Judicial Conduct.
Reviser’s note: RCW 2.48.190, 2.48.200, 2.48.210, 2.48.220, and
2.48.230 are the only sections of the earlier act relating to the admission,
regulation, disbarment, etc., of attorneys which are thought not to be
embraced within the general repeal contained in the state bar act of 1933.
Chapter 2.50
LEGAL AID
Sections
2.50.010
2.50.020
2.50.040
2.50.050
2.50.060
2.50.070
2.50.080
2.50.090
2.50.100
2.50.110
2.50.120
2.50.125
2.50.130
2.50.140
2.50.150
2.50.160
Legal aid defined.
Public interest.
Declaration of necessity by board of county commissioners.
Legal aid bureau defined.
Board of governors—Authority.
Legal aid county committee created.
Supervision.
Registration fees and private funds.
Limitation of legal aid.
Attorneys’ fees.
County funds.
Cities authorized to appropriate funds.
Revocation of declaration of necessity.
Washington State Bar Association not restricted.
Certain other acts not applicable.
Chapter not exclusive—Counties authorized to provide legal
aid.
2.50.010 Legal aid defined. Legal aid is the rendition, without compensation, of professional services by an
active member of the Washington State Bar Association to
or for any indigent person unable to pay a reasonable
attorney’s fee determined in accordance with the established
code of legal ethics. [1939 c 93 § 1; RRS § 10007-201.
Formerly RCW 74.36.010.]
(2002 Ed.)
2.48.220
2.50.020 Public interest. The promotion of organized
legal aid is hereby declared to be in the public interest.
[1939 c 93 § 2; RRS § 10007-202. Formerly RCW
74.36.020.]
2.50.040 Declaration of necessity by board of
county commissioners. The board of county commissioners
(hereinafter called the county board) is empowered to find
by resolution the existence of a necessity in such county for
organized legal aid. Such resolution shall specify the
amount of county funds thereby to be allocated for and
expended in the operation of a legal aid bureau during the
period of the fiscal year or the remainder thereof. Within
ten days after the passage of such a resolution, the commissioners shall cause a certified copy to be transmitted to the
board of governors of the Washington State Bar Association
(hereinafter called the bar board). [1939 c 93 § 4; RRS §
10007-204. Formerly RCW 74.36.040.]
2.50.050 Legal aid bureau defined. A legal aid
bureau (hereinafter called the bureau), is an agency for the
rendition of organized legal aid to indigent persons resident
in the county, consisting of one director, who shall be an
attorney resident in the county, and who shall be in good
standing and active membership in the Washington State Bar
Association, together with such professional and other
personnel, such office facilities, and other equipment, as may
be determined by the bar board and be financed by the
county board. [1939 c 93 § 5; RRS § 10007-205. Formerly
RCW 74.36.050.]
2.50.060 Board of governors—Authority. Upon
receipt of a certified copy of such resolution the bar board
is empowered and, within sixty days thereafter, is obligated
to create and continue a legal aid bureau as soon and as long
as the necessary funds so allocated are made available by the
county board, all expenditures for the bureau to be limited
to county funds so supplied, except only as hereinafter
authorized. The bar board is vested with the ultimate power
to control by its rules and regulations such bureau, the
immediate supervision of which in actual operation shall be
by the bar board itself or by a committee of its selection.
[1939 c 93 § 6; RRS § 10007-206. Formerly RCW
74.36.060.]
2.50.070 Legal aid county committee created. The
legal aid county committee (hereinafter called the committee), if created and continued by resolution of the bar board,
shall consist of three members chosen by the bar board as
follows: a member of the bar board, who shall be chairman,
a judge of the superior court of the county, and an active
member of the Washington State Bar Association, resident
in the county. [1939 c 93 § 7; RRS § 10007-207. Formerly
RCW 74.36.070.]
2.50.080 Supervision. Among the powers to supervise the actual operation of any such bureau, which shall be
exercised either by the bar board itself or in its discretion by
the committee, are the following:
[Title 2 RCW—page 47]
2.50.080
Title 2 RCW: Courts of Record
(1) To appoint and remove at will the director and to fix
the amount of his salary not in excess of two hundred dollars
per month;
(2) To engage and discharge all other employees of the
bureau and to fix their salaries or remuneration;
(3) To assist the director in supplying the free services
of attorneys for the bureau;
(4) To cooperate with the dean of any law school now
or hereafter established within this state respecting the
participation of law students in the rendition of services by
the bureau under the guidance of the director—however, by
this provision, no law student shall be deemed authorized to
represent as an attorney in a court of record any legal aid
client;
(5) To require of the director periodically written
statements of account and written reports upon any and all
subjects within the operation of the bureau;
(6) To prescribe rules and regulations, always subject to
the bar board, for determination of the indigent persons who
are entitled to legal aid, for determination of the kinds of
legal problems and cases subject to legal aid, and for
determination of all operative legal aid policies not inconsistent with this chapter;
(7) To advise the county board, for its budget upon its
written request, as to the estimated amount of county funds
reasonably required to effectively operate the bureau for the
ensuing fiscal year;
(8) To receive county funds allocated by the county
board for the bureau, and to render an account thereof at the
times and in the manner reasonably required by the county
board;
(9) To disburse such county funds, after receipt thereof,
solely for the purposes contemplated by this chapter. [1939
c 93 § 8; RRS § 10007-208. Formerly RCW 74.36.080.]
2.50.090 Registration fees and private funds. For
the purpose of promoting organized legal aid, the bar board
is empowered to receive and disburse, at its discretion, a
nominal registration fee (not in excess of fifty cents), which
it may require of legal aid applicants, and also donations in
any sum of private funds. [1939 c 93 § 9; RRS §
10007-209. Formerly RCW 74.36.090.]
2.50.100 Limitation of legal aid. No legal aid shall
be rendered by or through any bureau as to any matter
which, in the opinion of the director or the committee is not
a proper subject of legal aid. No legal aid shall be given
concerning matters relating to claims or litigation commonly
handled on a contingent fee basis, nor to the defense of
criminal charges in court. [1939 c 93 § 10; RRS §
10007-210. Formerly RCW 74.36.100.]
2.50.110 Attorneys’ fees. No attorney’s fee shall be
charged to or received from any legal aid client as to any
legal aid matter handled by or through the bureau. All
attorneys’ fees and court costs collected from any third party
by the bureau in the name of any legal aid client shall
become a part of the bureau’s operation funds. [1939 c 93
§ 11; RRS § 10007-211. Formerly RCW 74.36.110.]
[Title 2 RCW—page 48]
2.50.120 County funds. The county board in its
discretion shall allocate funds for the purposes of the bureau
from county funds available for public assistance and relief
received from the levy of three mills as provided in section
17, chapter 180, Laws of 1937. [1939 c 93 § 12; RRS §
10007-212. Formerly RCW 74.36.120.]
Reviser’s note: 1937 c 180 § 17 was repealed by 1939 c 216 § 35.
2.50.125 Cities authorized to appropriate funds. A
city of any class or any code city may appropriate funds in
any amount for the purposes of this chapter. [1974 ex.s. c
5 § 1.]
2.50.130 Revocation of declaration of necessity. The
county board is empowered to find by resolution the nonexistence of a necessity in such county for organized legal aid.
Within ten days after the passage of such a resolution the
county board shall cause a certified copy to be transmitted
to the bar board. Upon receipt of a certified copy of such
resolution the bar board is empowered and, within sixty days
thereafter, is obligated to discontinue the legal aid bureau—
unless it is subsequently maintained in the discretion of the
bar board and financed by funds other than county funds.
Nothing in this chapter shall prevent a county board from
adopting successive resolutions declaring the existence or
nonexistence of a necessity for organized legal aid, but no
bureau actually created as a result of such a resolution shall
be discontinued by a resolution of revocation within sixty
days thereafter. [1939 c 93 § 13; RRS § 10007-213.
Formerly RCW 74.36.130.]
2.50.140 Washington State Bar Association not
restricted. No county funds shall be expended for legal aid
except in accordance with this chapter, but nothing in this
chapter shall limit the powers of the Washington State Bar
Association, or its board of governors, to promote or render
legal aid independent of county financial support. [1939 c
93 § 14; RRS § 10007-214. Formerly RCW 74.36.140.]
2.50.150 Certain other acts not applicable. The
provisions of section 6 of chapter 180 of the Laws of 1937
shall not be applicable to a bureau or a committee as
authorized by this chapter, or to the bar board or the
Washington State Bar Association. [1939 c 93 § 15; RRS
§ 10007-215. Formerly RCW 74.36.150.]
Reviser’s note: 1937 c 180 § 6 was repealed by 1939 c 216 § 35.
2.50.160 Chapter not exclusive—Counties authorized to provide legal aid. The provisions of this chapter
are not exclusive. Nothing in this chapter shall be construed
as placing a limitation on the establishment of alternative
methods or systems for providing legal aid. Counties are
hereby authorized to expend county funds for the establishment of such methods or systems of providing legal aid as
shall be deemed in the public interest by the county legislative body. [1972 ex.s. c 109 § 1.]
(2002 Ed.)
Administrator for the Courts
Chapter 2.56
ADMINISTRATOR FOR THE COURTS
Sections
2.56.010
2.56.020
2.56.030
2.56.031
2.56.040
2.56.050
2.56.060
2.56.070
2.56.080
2.56.090
2.56.100
2.56.110
2.56.120
2.56.130
2.56.140
2.56.150
2.56.160
2.56.170
2.56.180
Office created—Appointment, term, age qualification, salary.
Appointment, compensation of assistants—Administrator,
assistants not to practice law.
Powers and duties.
Juvenile offender information—Plan.
Distribution of work of courts—Duty of judges to comply
with chief justice’s direction—Salary withheld.
Judges, clerks, other officers, to comply with requests of
administrator.
Annual conference of judges—Judge’s expenses.
Holding court in another county—Reimbursement for expenses.
Chapter applies to supreme and superior courts, court of
appeals, and courts of limited jurisdiction.
Disbursement of appropriated funds.
Penalty assessment in addition to penalty resulting from
hearing under RCW 46.63.090 or 46.63.100—Paid into
judiciary education account—Account created, purposes.
Driving while under the influence of intoxicating liquor or
any drug—Enhanced enforcement of related laws—
Assignment of visiting district judges—Powers, expenses.
Judicial impact notes—Establishment of procedure—
Legislator may request—Copies to be filed.
Juvenile laws and court processes and procedures—
Informational materials.
Disposition of school attendance violation petitions—Report.
Review of mandatory use of court-appointed special advocates as guardians ad litem, certification of guardians ad
litem.
Processing of warrants pilot program.
Judge pro tempore appointments.
Family law handbook.
2.56.010 Office created—Appointment, term, age
qualification, salary. There shall be a state office to be
known as the office of administrator for the courts who shall
be appointed by the supreme court of this state from a list of
five persons submitted by the governor of the state of
Washington, and shall hold office at the pleasure of the
appointing power. He shall not be over the age of sixty
years at the time of his appointment. He shall receive a
salary to be fixed by the supreme court. [1984 c 20 § 1;
1979 ex.s. c 255 § 7; 1974 ex.s. c 156 § 1; 1969 c 93 § 1;
1957 c 259 § 1.]
Effective date—1979 ex.s. c 255: See note following RCW
43.03.010.
2.56.020 Appointment, compensation of assistants—
Administrator, assistants not to practice law. The
administrator for the courts, with the approval of the chief
justice of the supreme court of this state, shall appoint and
fix the compensation of such assistants as are necessary to
enable him to perform the power and duties vested in him.
During his term of office or employment, neither the
administrator nor any assistant shall engage directly or
indirectly in the practice of law in this state. [1957 c 259 §
2.]
2.56.030 Powers and duties. The administrator for
the courts shall, under the supervision and direction of the
chief justice:
(2002 Ed.)
Chapter 2.56
(1) Examine the administrative methods and systems
employed in the offices of the judges, clerks, stenographers,
and employees of the courts and make recommendations,
through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and
determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating
to the assignment of judges where courts are in need of
assistance and carry out the direction of the chief justice as
to the assignments of judges to counties and districts where
the courts are in need of assistance;
(4) Collect and compile statistical and other data and
make reports of the business transacted by the courts and
transmit the same to the chief justice to the end that proper
action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state
appropriations necessary for the maintenance and operation
of the judicial system and make recommendations in respect
thereto;
(6) Collect statistical and other data and make reports
relating to the expenditure of public moneys, state and local,
for the maintenance and operation of the judicial system and
the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance
with law or rules adopted by the supreme court of this state
on cases and other judicial business in which action has been
delayed beyond periods of time specified by law or rules of
court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred
to in RCW 2.56.060;
(9) Submit annually, as of February 1st, to the chief
justice, a report of the activities of the administrator’s office
for the preceding calendar year including activities related to
courthouse security;
(10) Administer programs and standards for the training
and education of judicial personnel;
(11) Examine the need for new superior court and
district judge positions under a weighted caseload analysis
that takes into account the time required to hear all the cases
in a particular court and the amount of time existing judges
have available to hear cases in that court. The results of the
weighted caseload analysis shall be reviewed by the board
for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature
that weighted caseload analysis become the basis for creating
additional district court positions, and recommendations
should address that objective;
(12) Provide staff to the judicial retirement account plan
under chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by
the supreme court of this state;
(14) Within available funds, develop a curriculum for a
general understanding of child development, placement, and
treatment resources, as well as specific legal skills and
knowledge of relevant statutes including chapters 13.32A,
13.34, and 13.40 RCW, cases, court rules, interviewing
skills, and special needs of the abused or neglected child.
This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers
and be updated yearly to reflect changes in statutes, court
rules, or case law;
[Title 2 RCW—page 49]
2.56.030
Title 2 RCW: Courts of Record
(15) Develop, in consultation with the entities set forth
in RCW 2.56.150(3), a comprehensive statewide curriculum
for persons who act as guardians ad litem under Title 13 or
26 RCW. The curriculum shall be made available July 1,
1997, and include specialty sections on child development,
child sexual abuse, child physical abuse, child neglect,
clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and
relevant statutory and legal requirements. The curriculum
shall be made available to all superior court judges, court
personnel, and all persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding
of crimes of malicious harassment, as well as specific legal
skills and knowledge of RCW 9A.36.080, relevant cases,
court rules, and the special needs of malicious harassment
victims. This curriculum shall be made available to all
superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice
training commission and the commissions established under
chapters 43.113, 43.115, and 43.117 RCW, a curriculum for
a general understanding of ethnic and cultural diversity and
its implications for working with youth of color and their
families. The curriculum shall be available to all superior
court judges and court commissioners assigned to juvenile
court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily
operation of juvenile courts statewide;
(18) Authorize the use of closed circuit television and
other electronic equipment in judicial proceedings. The
administrator shall promulgate necessary standards and
procedures and shall provide technical assistance to courts as
required;
(19) Develop a Washington family law handbook in
accordance with RCW 2.56.180. [2002 c 49 § 2; 1997 c 41
§ 2; 1996 c 249 § 2; 1994 c 240 § 1; 1993 c 415 § 3; 1992
c 205 § 115; 1989 c 95 § 2. Prior: 1988 c 234 § 2; 1988
c 109 § 23; 1987 c 363 § 6; 1981 c 132 § 1; 1957 c 259 §
3.]
Declaration—2002 c 49: See note following RCW 2.56.180.
Intent—1996 c 249: "It is the intent of this act to make improvements to the guardian and guardian ad litem systems currently in place for
the protection of minors and incapacitated persons." [1996 c 249 § 1.]
Intent—1993 c 415: See note following RCW 2.56.031.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Construction—Severability—1989 c 95: See notes following RCW
9A.36.080.
Legislative findings—1988 c 234: "The legislature recognizes the
need for appropriate training of juvenile court judges, attorneys, court
personnel, and service providers in the dependency system and at-risk youth
systems." [1988 c 234 § 1.]
Effective date—1988 c 109: See note following RCW 2.10.030.
Ethnic and cultural diversity—Development of curriculum for understanding—Training: RCW 43.101.280.
2.56.031 Juvenile offender information—Plan. The
administrator for the courts shall develop a plan to improve
the collection and reporting of information on juvenile
offenders by all juvenile courts in the state. The information
related to juvenile offenders shall include, but is not limited
[Title 2 RCW—page 50]
to, social, demographic, education, and economic data on
juvenile offenders and where possible, their families.
Development and implementation of the plan shall be
accomplished in consultation with the human rights commission, the governor’s juvenile justice advisory committee,
superior court judges, juvenile justice administrators, and
interested juvenile justice practitioners and researchers. The
plan shall include a schedule and budget for implementation
and shall be provided to the office of financial management
by September 15, 1993. [1993 c 415 § 2.]
Intent—1993 c 415: "Pursuant to the work of the juvenile justice
task force created by the 1991 legislature to undertake a study of Washington state’s juvenile justice system, the department of social and health
services and the commission on African-American affairs commissioned an
independent study of racial disproportionality in the state’s juvenile justice
system. The study team, which documented evidence of disparity in the
treatment of juvenile offenders of color throughout the system, provided
recommendations to the legislature on December 15, 1992. The study
recommends cultural diversity training for juvenile court and law enforcement personnel, expanded data collection on juvenile offenders throughout
the system, development of uniform prosecutorial standards for juvenile
offenders, changes to the consolidated juvenile services program and
funding formula, dissemination of information to families and communities
regarding juvenile court procedures, and examination of juvenile disposition
standards for racial and/or ethnic bias.
It is the intent of the legislature to implement the recommendations of
this study in an effort to discourage differential treatment of youth of color
and their families who come in contact with the juvenile courts in this state,
and to promote racial and ethnic sensitivity and awareness throughout the
juvenile court system." [1993 c 415 § 1.]
2.56.040 Distribution of work of courts—Duty of
judges to comply with chief justice’s direction—Salary
withheld. The chief justice shall consider all recommendations of the administrator for the assignment of judges, and,
in his discretion, direct any judge whose calendar, in the
judgment of the chief justice, will permit, to hold court in
any county or district where need therefor exists, to the end
that the courts of this state shall function with maximum
efficiency, and that the work of other courts shall be
equitably distributed. It shall be the duty of every judge to
obey such direction of the chief justice unless excused by
him for sufficient cause. No salary warrant shall be issued
pursuant to RCW 2.08.100 until the judge who is to receive
the same shall have made an affidavit, in the manner
provided by law, that he has fully complied with the provisions of RCW 2.56.040 and 2.56.050. Said affidavit may be
made a part of the affidavit required by RCW 2.08.100.
[1957 c 259 § 4.]
Visiting judge: RCW 2.08.140 through 2.08.170, 2.08.200.
2.56.050 Judges, clerks, other officers, to comply
with requests of administrator. The judges and clerks of
the courts and all other officers, state and local, shall comply
with all requests made by the administrator, after approval
by the chief justice, for information and statistical data
bearing on the state of the dockets of such courts and such
other information as may reflect the business transacted by
them and the expenditure of public moneys for the maintenance and operation of the judicial system. [1957 c 259 §
5.]
2.56.060 Annual conference of judges—Judge’s
expenses. The supreme court of this state may provide by
(2002 Ed.)
Administrator for the Courts
rule or special order for the holding in this state of an annual
conference of the judges of the courts of record of this state,
judges of the courts of limited jurisdiction, and invited
members of the bar, for the consideration of matters relating
to judicial business, the improvement of the judicial system
and the administration of justice. Each judge attending such
annual judicial conference shall be entitled to be reimbursed
for travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended, to be paid
from state appropriations made for the purposes of this
chapter. [1981 c 331 § 15; 1975-’76 2nd ex.s. c 34 § 6;
1957 c 259 § 6.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
2.56.070 Holding court in another county—
Reimbursement for expenses. For attendance while
holding court in another county or district pursuant to the
direction of the chief justice, a judge shall be entitled to
receive from the county to which he is sent reimbursement
for subsistence, lodging, and travel expenses in accordance
with the rates applicable to state officers under RCW
43.03.050 and 43.03.060 as now or hereafter amended.
[1981 c 186 § 4; 1957 c 259 § 7.]
2.56.080 Chapter applies to supreme and superior
courts, court of appeals, and courts of limited jurisdiction. This chapter shall apply to the following courts: The
supreme court, the court of appeals, the superior courts; and,
when and to the extent so ordered by the supreme court, to
the courts of limited jurisdiction of this state, including
district courts. [1987 c 202 § 108; 1971 c 81 § 14; 1957 c
259 § 8.]
Intent—1987 c 202: See note following RCW 2.04.190.
2.56.090 Disbursement of appropriated funds. Any
moneys appropriated for the purposes of this chapter shall be
disbursed, upon order of the chief justice, on warrants drawn
by the state auditor on the general fund. [1957 c 259 § 9.]
2.56.100 Penalty assessment in addition to penalty
resulting from hearing under RCW 46.63.090 or
46.63.100—Paid into judiciary education account—
Account created, purposes.
Reviser’s note: RCW 2.56.100 was amended by 1985 c 57 § 1
without reference to its repeal by 1984 c 258 § 339, both effective July 1,
1985. It has been decodified for publication purposes pursuant to RCW
1.12.025.
2.56.110 Driving while under the influence of
intoxicating liquor or any drug—Enhanced enforcement
of related laws—Assignment of visiting district judges—
Powers, expenses. The administrator for the courts may
assign one or more district judges from other judicial
districts to serve as visiting district judges in a judicial district which the administrator determines is experiencing an
increase in case filings as the result of enhanced enforcement
of laws related to driving, or being in physical control of, a
motor vehicle while under the influence of intoxicating
(2002 Ed.)
2.56.060
liquor or any drug. The prosecuting, city, or town attorney
of the county, city, or town in which a judicial district lies,
or the presiding judge of the judicial district, may request the
administrator for the courts to designate the district as an enhanced enforcement district and to make assignments under
this section. An assignment shall be for a specified period
of time not to exceed thirty days. A visiting district judge
has the same powers as a district judge of the district to
which he or she is assigned. A visiting district judge shall
be reimbursed for expenses under RCW 2.56.070. [1991 c
290 § 1; 1987 c 202 § 109; 1983 c 165 § 31.]
Intent—1987 c 202: See note following RCW 2.04.190.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Venue, criminal actions: RCW 3.66.070.
2.56.120 Judicial impact notes—Establishment of
procedure—Legislator may request—Copies to be filed.
(1) The office of the administrator for the courts, in cooperation with appropriate legislative committees and legislative
staff, shall establish a procedure for the provision of judicial
impact notes on the effect legislative bills will have on the
workload and administration of the courts of this state. The
administrator for the courts and the office of financial
management shall coordinate the development of judicial
impact notes with the preparation of fiscal notes under
chapters 43.88A and 43.132 RCW.
(2) The administrator for the courts shall provide a
judicial impact note on any legislative proposal at the request
of any legislator. The note shall be provided to the requesting legislator and copies filed with the appropriate legislative
committees in accordance with subsection (3) of this section
when the proposed legislation is introduced in either house.
(3) When a judicial impact note is prepared and approved by the administrator for the courts, copies of the note
shall be filed with:
(a) The chairperson of the committee to which the bill
was referred upon introduction in the house of origin;
(b) The senate committee on ways and means;
(c) The house of representatives committee on ways and
means;
(d) The senate judiciary committee;
(e) The house of representatives judiciary committee;
and
(f) The office of financial management.
(4) This section shall not prevent either house of the
legislature from acting on any bill before it as otherwise
provided by the state Constitution, by law, and by the rules
and joint rules of the senate and house of representatives,
nor shall the lack of any judicial impact note as provided in
this section or any error in the accuracy thereof affect the
validity of any measure otherwise duly passed by the
legislature. [1986 c 158 § 1; 1984 c 258 § 604.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
2.56.130 Juvenile laws and court processes and
procedures—Informational materials. The administrator
for the courts shall, in cooperation with juvenile courts,
develop informational materials describing juvenile laws and
juvenile court processes and procedures related to such laws,
[Title 2 RCW—page 51]
2.56.130
Title 2 RCW: Courts of Record
and make such information available to the public. Similar
information shall also be made available for the non-English
speaking youth and their families. [1993 c 415 § 5.]
the governor and to the legislature no later than December 1, 1996." [1996
c 249 § 4.]
Intent—1996 c 249: See note following RCW 2.56.030.
Intent—1993 c 415: See note following RCW 2.56.031.
2.56.140 Disposition of school attendance violation
petitions—Report. The administrator for the courts shall
prepare a report for each school year to be submitted to the
legislature no later than December 15th of each year that
summarizes the disposition of petitions filed with the
juvenile court under RCW 28A.225.030, including the
number of contempt orders issued to enforce a court’s order
under RCW 28A.225.030. [1996 c 134 § 8.]
2.56.150 Review of mandatory use of court-appointed special advocates as guardians ad litem, certification
of guardians ad litem. (1) The administrator for the courts
shall review the advisability and feasibility of the statewide
mandatory use of court-appointed special advocates as
described in RCW 26.12.175 to act as guardians ad litem in
appropriate cases under Titles 13 and 26 RCW. The review
must explore the feasibility of obtaining various sources of
private and public funding to implement statewide mandatory
use of court-appointed special advocates, such as grants and
donations, instead of or in combination with raising court
fees or assessments.
(2) The administrator shall also conduct a study on the
feasibility and desirability of requiring all persons who act
as guardians ad litem under Titles 11, 13, and 26 RCW to be
certified as qualified guardians ad litem prior to their
eligibility for appointment.
(3) In conducting the review and study the administrator
shall consult with: (a) The presidents or directors of all
public benefit nonprofit corporations that are eligible to
receive state funds under RCW 43.330.135; (b) the attorney
general, or a designee; (c) the secretary of the department of
social and health services, or a designee; (d) the superior
court judges association; (e) the Washington state bar
association; (f) public defenders who represent children
under Title 13 or 26 RCW; (g) private attorneys who
represent parents under Title 13 or 26 RCW; (h) professionals who evaluate families for the purposes of determining the
custody or placement decisions of children; (i) the office of
financial management; (j) persons who act as volunteer or
compensated guardians ad litem; and (k) parents who have
dealt with guardians ad litem in court cases. For the
purposes of studying the feasibility of a certification requirement for guardians ad litem acting under Title 11 RCW the
administrator shall consult with the advisory group formed
under RCW 11.88.090.
(4) The office of the administrator for the courts shall
also conduct a review of problems and concerns about the
role of guardians ad litem in actions under Titles 11, 13, and
26 RCW and recommend alternatives to strengthen judicial
oversight of guardians ad litem and ensure fairness and impartiality of the process. The office of the administrator for
the courts must accept and obtain comments from parties
designated in subsection (3) of this section. [1996 c 249 §
3.]
Presentation of review and study—Time limit—1996 c 249: "The
review and study required under section 3 of this act shall be presented to
[Title 2 RCW—page 52]
2.56.160 Processing of warrants pilot program. The
administrator for the courts shall establish a pilot program
for the efficient statewide processing of warrants issued by
courts of limited jurisdiction. The pilot program shall
contain procedures and criteria for courts of limited jurisdiction to enter into agreements with other courts of limited
jurisdiction throughout the state to process each other’s
warrants when the defendant is within the processing court’s
jurisdiction. The administrator for the courts shall establish
a formula for allocating between the court processing the
warrant and the court that issued the warrant any moneys
collected and costs associated with the processing of warrants. [2000 c 111 § 1.]
Report to legislature—2000 c 111: "The program established by the
office of the administrator for the courts pursuant to RCW 2.56.160 shall by
June 1, 2003, report to the legislature on the effectiveness and costs of the
pilot program. Copies of the report shall be distributed to the house of
representatives judiciary committee and the senate judiciary committee."
[2000 c 111 § 8.]
2.56.170 Judge pro tempore appointments. A judge
pro tempore may be authorized under RCW 2.06.150 or
2.08.180 whenever a judge of the court of appeals or the
superior court serves on a judicial commission, board, or
committee established by the legislature or the chief justice
of the supreme court. The judge pro tempore shall be
compensated as specified in RCW 2.06.160 or 2.08.180.
[2000 c 165 § 1.]
2.56.180 Family law handbook. (1) The administrator for the courts will create a handbook explaining the
sections of Washington law pertaining to the rights and
responsibilities of marital partners to each other and to any
children during a marriage and a dissolution of marriage.
The handbook may also be provided in videotape or other
electronic form.
(2) The handbook created under subsection (1) of this
section will be provided by the county auditor when an
individual files a marriage certificate under RCW 26.04.090.
(3) The information contained in the handbook created
under subsection (1) of this section will be reviewed and
updated annually. The handbook must contain the following
information:
(a) Information on prenuptial agreements as contracts
and as a means of structuring financial arrangements and
other aspects of the marital relationship;
(b) Information on shared parental responsibility for
children, including establishing a residential schedule for the
child in the event of the dissolution of the marriage;
(c) Information on notice requirements and standards for
parental relocation;
(d) Information on child support for minor children;
(e) Information on property rights, including equitable
distribution of assets and premarital and postmarital property
rights;
(f) Information on spousal maintenance;
(g) Information on domestic violence, child abuse, and
neglect, including penalties;
(2002 Ed.)
Administrator for the Courts
(h) Information on the court process for dissolution;
(i) Information on the effects of dissolution on children;
(j) Information on community resources that are
available to separating or divorcing persons and their
children. [2002 c 49 § 3.]
Declaration—2002 c 49: "The legislature declares that:
(1) Strong marital relationships result in stronger families, children,
and ultimately, stronger communities and place less of a fiscal burden on
the state; and
(2) The state has a compelling interest in providing couples, applying
for a marriage license, information with regard to marriage and, if
contemplated, the effects of divorce." [2002 c 49 § 1.]
Chapter 2.60
FEDERAL COURT LOCAL LAW CERTIFICATE
PROCEDURE ACT
Sections
2.60.010
2.60.020
2.60.030
2.60.900
Definitions.
Federal court certification of local law question.
Practice and procedure.
Short title.
2.60.010 Definitions. As used in this chapter:
(1) The term "certificate procedure" shall mean the
procedure authorized herein by which a federal court in
disposing of a cause pending before it submits a question of
local law to the supreme court for answer;
(2) The term "federal court" means any court of the
United States of America including the supreme court of the
United States, courts of appeal, district courts and any other
court created by act of congress;
(3) The term "supreme court" shall mean supreme court
of Washington;
(4) The term "record" shall mean: (a) A stipulation of
facts approved by the federal court showing the nature of the
case and the circumstances out of which the question of law
arises or such part of the pleadings, proceedings and testimony in the cause pending before the federal court as in its
opinion is necessary to enable the supreme court to answer
the question submitted; (b) a statement of the question of
local law certified for answer. The record shall contain a
certificate under the official seal of the court, signed by the
chief judge of a multi-judge federal court or judge of the district court utilizing certificate procedure stating that the
record contains all matters in the pending cause deemed
material for consideration of the local law question certified
for answer;
(5) The term "supplemental record" shall mean the
original or copies of any other portion of the proceedings,
pleadings and testimony before the federal court deemed
desirable by the supreme court in the determination of the
local law question certified for answer. The supplemental
record shall contain a certificate under the official seal of the
court signed by the chief judge of such multi-judge federal
court or judge of the district court, certifying that the
supplemental record contains all additional matters requested;
(6) The term "opinion" shall mean the written opinion
of the supreme court of Washington and shall include the
certificate of the clerk of such court under seal of court
stating that the opinion is in answer to the local law question
submitted. [1965 c 99 § 1.]
(2002 Ed.)
2.56.180
2.60.020 Federal court certification of local law
question. When in the opinion of any federal court before
whom a proceeding is pending, it is necessary to ascertain
the local law of this state in order to dispose of such
proceeding and the local law has not been clearly determined, such federal court may certify to the supreme court
for answer the question of local law involved and the
supreme court shall render its opinion in answer thereto.
[1965 c 99 § 2.]
2.60.030 Practice and procedure. Certificate
procedure shall be governed by the following provisions:
(1) Certificate procedure may be invoked by a federal
court upon its own motion or upon the motion of any
interested party in the litigation involved if the federal court
grants such motion.
(2) Certificate procedure shall include and be based
upon the record and may include a supplemental record.
(3) Certificate procedure costs shall be equally divided
between plaintiff and defendant, subject to reallocation as
between or among the parties by the federal court involved.
(4) The appellant or moving party in the federal court
shall file and serve upon its adversary its brief on the
question certified within thirty days after the filing of the
record in the supreme court. The appellee or responding
party in the federal court shall file and serve upon its
adversary its brief within twenty days after receipt of
appellant’s or moving party’s brief and a reply brief shall be
filed within ten days. Time for filing record, supplemental
record or briefs may be extended for cause.
(5) Oral argument as in other causes on the merits may
be had upon request of the supreme court or upon application of any interested party in the certificate procedure.
(6) The supreme court shall forward to the federal court
utilizing certificate procedure its opinion answering the local
law question submitted.
(7) The supreme court may adopt rules of practice and
procedure to implement or otherwise facilitate utilization of
certificate procedure. [1965 c 99 § 3.]
2.60.900 Short title. This act may be cited as the
"federal court local law certificate procedure act." [1965 c
99 § 4.]
Chapter 2.64
COMMISSION ON JUDICIAL CONDUCT
Sections
2.64.010
2.64.020
2.64.030
2.64.040
2.64.050
2.64.055
2.64.057
2.64.060
2.64.070
2.64.080
2.64.092
2.64.094
Definitions—Application.
Membership—Terms.
Disqualification—Vacancies—Limitations on terms—
Alternates—Removal.
Compensation and travel expenses.
Employment of personnel—Expenditures authorized.
Disciplinary actions authorized.
Investigation of conduct occurring prior to, on, or after December 4, 1980.
Administration of oaths—Powers as to witnesses, papers,
books, etc.—Subpoenas.
Refusal to obey subpoena—Powers of superior court.
Privilege from suit.
Administrative procedure act not applicable.
Suspension of judge or justice.
[Title 2 RCW—page 53]
Chapter 2.64
2.64.096
2.64.100
2.64.111
2.64.113
2.64.115
2.64.120
2.64.910
Rules of
Title 2 RCW: Courts of Record
Disclosure of material tending to negate determination.
Proposed operating budgets—Reports to legislature.
Exemption from public disclosure—Records subject to public disclosure, when.
Confidentiality—Violations.
Application of open public meetings act—Exemptions.
Independent part of judicial branch.
Severability—1981 c 268.
court: See Discipline Rules for Judges (DRJ).
2.64.010 Definitions—Application. Unless the
context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Admonishment" means a written disposition of an
advisory nature that cautions a judge or justice not to engage
in certain proscribed behavior. An admonishment may
include a requirement that the judge or justice follow a specified corrective course of action.
(2) "Censure" means a written action of the commission
that requires a judge or justice to appear personally before
the commission, and that finds that conduct of the judge or
justice violates a rule of judicial conduct, detrimentally
affects the integrity of the judiciary, undermines public
confidence in the administration of justice, and may or may
not require a recommendation to the supreme court that the
judge or justice be suspended or removed. A censure shall
include a requirement that the judge or justice follow a
specified corrective course of action.
(3) "Commission" means the commission on judicial
conduct provided for in Article IV, section 31 of the state
Constitution, which is authorized to recommend to the
supreme court, after notice and hearing, the suspension or
removal of a judge or justice for violating a rule of judicial
conduct, or the retirement of a judge or justice for disability.
(4) "Judge or justice" includes justices of the supreme
court, judges of the court of appeals, judges of the superior
courts, judges of any court organized under Titles 3 or 35
RCW, judges pro tempore, court commissioners, and
magistrates.
(5) "Removal" means a written recommendation by the
commission and a finding by the supreme court that the
conduct of a judge or justice is a violation of a rule of
judicial conduct and seriously impairs the integrity of the
judiciary and substantially undermines the public confidence
in the administration of justice to such a degree that the
judge or justice should be relieved of all duties of his or her
office.
(6) "Reprimand" means a written action of the commission that requires a judge or justice to appear personally
before the commission, and that finds that the conduct of the
judge or justice is a minor violation of the code of judicial
conduct and does not require censure or a formal recommendation to the supreme court that the judge or justice be
suspended or removed. A reprimand shall include a requirement that the judge or justice follow a specified corrective
course of action.
(7) "Retirement" means a written recommendation by
the commission and a finding by the supreme court that a
judge or justice has a disability which is permanent, or likely
to become permanent, and that seriously interferes with the
performance of judicial duties.
(8) "Suspension" means a written recommendation by
the commission and a finding by the supreme court that the
[Title 2 RCW—page 54]
conduct of a judge or justice is a violation of a rule of
judicial conduct and seriously impairs the integrity of the
judiciary and substantially undermines the public confidence
in the administration of justice to such a degree that the
judge or justice should be relieved of the duties of his or her
office by the court for a specified period of time, as determined by the court.
This chapter shall apply to any judge or justice, regardless of whether the judge or justice serves full time or part
time, and regardless of whether the judge or justice is
admitted to practice law in this state. [1989 c 367 § 1; 1987
c 186 § 1; 1981 c 268 § 2.]
Contingent effective date—1989 c 367: "This act shall take effect
upon the effective date of an amendment to Article IV, section 31 of the
state Constitution making changes to the commission on judicial conduct.
If such amendment is not validly submitted to and approved and ratified by
the voters at a general election held in November 1989, this act shall be null
and void in its entirety." [1989 c 367 § 12.] Substitute Senate Joint
Resolution No. 8202 was approved and ratified by the voters at the
November 7, 1989, general election.
2.64.020 Membership—Terms. The commission
shall consist of eleven members. One member shall be a
judge selected by and from the court of appeals judges; one
member shall be a judge selected by and from the superior
court judges; one member shall be a judge selected by and
from the district court judges; two members shall be selected
by the state bar association and be admitted to the practice
of law in this state; and six members shall be nonlawyers
appointed by the governor. The term of each member of the
commission shall be four years. [1989 c 367 § 2; 1987 c
186 § 2; 1981 c 268 § 3.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
Terms of additional members—1987 c 186 § 2: "Notwithstanding
RCW 2.64.020, the initial term of one of the members added to the
commission on judicial conduct by section 2, chapter 186, Laws of 1987
shall end on June 16, 1990, and the term of the other member shall end on
June 16, 1991, as determined by lot." [1987 c 186 § 3.]
2.64.030 Disqualification—Vacancies—Limitations
on terms—Alternates—Removal. Commission membership shall terminate if a member ceases to hold the position
that qualified him or her for appointment. Vacancies caused
by disqualification or resignation shall be filled by the
appointing authority for the remainder of the term. No
person may serve more than two consecutive four-year
terms. A person may be reappointed after a lapse of one
year. A member, rather than his or her successor, shall
continue to participate in any hearing in progress at the end
of his or her term, or when the member ceases to hold the
position that qualified him or her for appointment. The
appointing authority shall appoint an alternate to serve
during a member’s temporary disability, disqualification, or
inability to serve. No member may otherwise be removed
from the commission before the end of his or her term
except upon good cause found by the appointing authority.
[1981 c 268 § 4.]
2.64.040 Compensation and travel expenses.
Commission members and alternate members shall be
compensated in accordance with RCW 43.03.250 and shall
(2002 Ed.)
Commission on Judicial Conduct
be reimbursed for travel expenses under RCW 43.03.050 and
43.03.060. [1984 c 287 § 8; 1981 c 268 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
2.64.050 Employment of personnel—Expenditures
authorized. The commission may employ personnel,
including attorneys, and make any other expenditures
necessary for the effective performance of its duties and the
exercise of its powers. The commission may hire attorneys
or others by personal service contract to conduct initial
proceedings regarding a complaint against a judge or justice.
Commission employees shall be exempt from the civil
service law, chapter 41.06 RCW. [1989 c 367 § 3; 1981 c
268 § 6.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.055 Disciplinary actions authorized. The
commission is authorized to impose the following disciplinary actions, in increasing order of severity: (a) Admonishment; (b) reprimand; or (c) censure. If the conduct of the
judge or justice warrants more severe disciplinary action, the
commission may recommend to the supreme court the
suspension or removal of the judge or justice. [1989 c 367
§ 4.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.057 Investigation of conduct occurring prior
to, on, or after December 4, 1980. The commission is
authorized to investigate and consider for probative value
any conduct that may have occurred prior to, on, or after
December 4, 1980, by a person who was, or is now, a judge
or justice when such conduct relates to a complaint filed
with the commission against the same judge or justice.
[1989 c 367 § 5.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.060 Administration of oaths—Powers as to
witnesses, papers, books, etc.—Subpoenas. Each member
of the commission, and any special master appointed by the
commission, may administer oaths. The commission may
summon and examine witnesses and compel the production
and examination of papers, books, accounts, documents, records, certificates, and other evidence for the determination
of any issue before or the discharge of any duty of the
commission. The commission shall also issue subpoenas at
the request and on behalf of any judge or justice under
inquiry. All subpoenas shall be signed by a member of the
commission or a special master appointed by the commission. Subpoenas shall be served and witnesses reimbursed in the manner provided in civil cases in superior
court. [1981 c 268 § 7.]
2.64.070 Refusal to obey subpoena—Powers of
superior court. If a person refuses to obey a subpoena
issued by the commission or refuses to answer any proper
question during a hearing or proceeding, the superior court
of any county in which the hearing or proceeding is conduct(2002 Ed.)
2.64.040
ed or in which the person resides or is found shall have
jurisdiction, upon application by the commission, to order
the person to appear before the commission, to produce
evidence if so ordered, or to give testimony concerning the
matter under investigation. Failure to obey the order of the
court may be punished as contempt. [1981 c 268 § 8.]
2.64.080 Privilege from suit. Members and employees of the commission, including any lawyers or special
masters temporarily employed by the commission, are
absolutely privileged from suit in any action, civil or
criminal, based upon any disciplinary proceedings or upon
other official acts as members or employees of the commission. Statements made to the commission or its investigators
or other employees are absolutely privileged in actions for
defamation. This absolute privilege does not apply to
statements made in any other forum. [1981 c 268 § 9.]
2.64.092 Administrative procedure act not applicable. The adjudicative proceedings, judicial review, and civil
enforcement provisions of chapter 34.05 RCW, the administrative procedure act, do not apply to any investigations,
initial proceedings, public hearings, or executive sessions
involving the discipline or retirement of a judge or justice.
[1989 c 367 § 7.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.094 Suspension of judge or justice. If the
commission adopts a recommendation that a judge or justice
be removed, the judge or justice shall be suspended, with
salary, from his or her judicial position upon filing of the
recommendation with the supreme court and until a final
determination is made by the supreme court. [1987 c 186 §
6.]
2.64.096 Disclosure of material tending to negate
determination. Whenever the commission determines that
there is probable cause to believe that a judge or justice has
violated a rule of judicial conduct or that the judge or justice
suffers from a disability which is permanent or likely to
become permanent and which seriously interferes with the
performance of judicial duties, the commission shall disclose
to the judge or justice any material or information within the
commission’s knowledge which tends to negate the determination of the commission, except as otherwise provided by
a protective order. [1989 c 367 § 10.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.100 Proposed operating budgets—Reports to
legislature. The commission shall prepare and present to
the legislature proposed operating budgets for the commission in accordance with the provisions of chapter 43.88
RCW. The commission shall report to the legislature in the
manner required by law, with due regard for the confidentiality of proceedings before the commission. [1981 c 268 §
11.]
2.64.111 Exemption from public disclosure—
Records subject to public disclosure, when. All pleadings,
[Title 2 RCW—page 55]
2.64.111
Title 2 RCW: Courts of Record
papers, evidence records, and files of the commission,
including complaints and the identity of complainants,
compiled or obtained during the course of an investigation
or initial proceeding involving the discipline or retirement of
a judge or justice, are exempt from the public disclosure
requirements of chapter 42.17 RCW during such investigation or initial proceeding. As of the date of a public hearing,
all those records of the initial proceeding that were the basis
of a finding of probable cause are subject to the public
disclosure requirements of chapter 42.17 RCW. [1989 c 367
§ 6.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.113 Confidentiality—Violations. The commission shall provide by rule for confidentiality of its investigations and initial proceedings in accordance with Article IV,
section 31 of the state Constitution.
Any person violating a rule on confidentiality is subject
to a proceeding for contempt in superior court. [1989 c 367
§ 9.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.115 Application of open public meetings act—
Exemptions. The commission is subject to the open public
meetings act, chapter 42.30 RCW. However, investigations,
initial proceedings, public hearings, and executive sessions
involving the discipline or retirement of a judge or justice
are governed by this chapter and Article IV, section 31 of
the state Constitution and are exempt from the provisions of
chapter 42.30 RCW. [1989 c 367 § 8.]
Contingent effective date—1989 c 367: See note following RCW
2.64.010.
2.64.120 Independent part of judicial branch. The
commission shall for all purposes be considered an independent part of the judicial branch of government. [1981 c 268
§ 13.]
2.64.910 Severability—1981 c 268. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 268 § 17.]
Chapter 2.68
JUDICIAL INFORMATION SYSTEM
Sections
2.68.010
2.68.020
2.68.030
2.68.040
2.68.050
Judicial information system committee—Fees.
Judicial information system account.
Schedule of user fees.
Judicial information system account—Increase in fines, penalties, assessments.
Electronic access to judicial information.
2.68.010 Judicial information system committee—
Fees. The judicial information system committee, as
established by court rule, shall determine all matters pertaining to the delivery of services available from the judicial
[Title 2 RCW—page 56]
information system. The committee may establish a fee
schedule for the provision of information services and may
enter into contracts with any person, public or private,
including the state, its departments, subdivisions, institutions,
and agencies. However, no fee may be charged to county or
city governmental agencies within the state of Washington
using the judicial information system for the business of the
courts. [1989 c 364 § 1.]
2.68.020 Judicial information system account.
There is created an account in the custody of the state
treasurer to be known as the judicial information system
account. The office of the administrator for the courts shall
maintain and administer the account, in which shall be
deposited all moneys received from in-state noncourt users
and any out-of-state users of the judicial information system
and moneys as specified in RCW 2.68.040 for the purposes
of providing judicial information system access to noncourt
users and providing an adequate level of automated services
to the judiciary. The legislature shall appropriate the funds
in the account for the purposes of the judicial information
system. The account shall be used for the acquisition of
equipment, software, supplies, services, and other costs
incidental to the acquisition, development, operation, and
administration of information services, telecommunications,
systems, software, supplies, and equipment, including the
payment of principal and interest on items paid in installments. [1994 c 8 § 1; 1989 c 364 § 2.]
2.68.030 Schedule of user fees. The judicial information system committee shall develop a schedule of user fees
for in-state noncourt users and all out-of-state users of the
judicial information computer system and charges for judicial
information system products and licenses for the purpose of
distributing and apportioning the full cost of operation and
continued development of the system among the users. The
schedule shall generate sufficient revenue to cover the costs
relating to (1) the payment of salaries, wages, other costs
including, but not limited to the acquisition, operation, and
administration of acquired information services, supplies, and
equipment; and (2) the development of judicial information
system products and services. As used in this section, the
term "supplies" shall not be interpreted to delegate or
abrogate the state purchasing and material control director’s
responsibilities and authority to purchase supplies as provided in chapter 43.19 RCW. [1989 c 364 § 3.]
2.68.040 Judicial information system account—
Increase in fines, penalties, assessments. (1) To support
the judicial information system account provided for in RCW
2.68.020, the supreme court may provide by rule for an
increase in fines, penalties, and assessments, and the increased amount shall be forwarded to the state treasurer for
deposit in the account:
(a) Pursuant to the authority of *RCW 46.63.110(2), the
sum of ten dollars to any penalty collected by a court
pursuant to supreme court infraction rules for courts of
limited jurisdiction;
(b) Pursuant to RCW 3.62.060, a mandatory appearance
cost in the initial sum of ten dollars to be assessed on all
defendants; and
(2002 Ed.)
Judicial Information System
(c) Pursuant to *RCW 46.63.110(5), a ten-dollar assessment for each account for which a person requests a time
payment schedule.
(2) Notwithstanding a provision of law or rule to the
contrary, the assessments provided for in this section may
not be waived or suspended and shall be immediately due
and payable upon forfeiture, conviction, deferral of prosecution, or request for time payment, as each shall occur.
(3) The supreme court is requested to adjust these
assessments for inflation. [1994 c 8 § 2.]
*Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (2) to subsection (3) and subsection (5) to subsection
(6).
2.68.050 Electronic access to judicial information.
The supreme court, the court of appeals and all superior and
district courts, through the judicial information system
committee, shall:
(1) Continue to plan for and implement processes for
making judicial information available electronically;
(2) Promote and facilitate electronic access to the public
of judicial information and services;
(3) Establish technical standards for such services;
(4) Consider electronic public access needs when
planning new information systems or major upgrades of
information systems;
(5) Develop processes to determine which judicial
information the public most wants and needs;
(6) Increase capabilities to receive information electronically from the public and transmit forms, applications and
other communications and transactions electronically;
(7) Use technologies that allow continuous access
twenty-four hours a day, seven days per week, involve little
or no cost to access, and are capable of being used by
persons without extensive technology ability; and
(8) Consider and incorporate wherever possible ease of
access to electronic technologies by persons with disabilities.
[1996 c 171 § 3.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
Chapter 2.70
OFFICE OF PUBLIC DEFENSE
2.68.040
efficient delivery of the indigent appellate services funded by
the state of Washington, an office of public defense is
established as an independent agency of the judicial branch.
[1996 c 221 § 1.]
Sunset Act application: See note following chapter digest.
2.70.010 Director—Appointment—Qualifications—
Salary. The supreme court shall appoint the director of the
office of public defense from a list of three names submitted
by the advisory committee created under RCW 2.70.030.
Qualifications shall include admission to the practice of law
in this state for at least five years, experience in the representation of persons accused of a crime, and proven managerial or supervisory experience. The director shall serve at
the pleasure of the supreme court and receive a salary to be
fixed by the advisory committee. [1996 c 221 § 2.]
Sunset Act application: See note following chapter digest.
2.70.020 Director—Duties—Limitations. The
director, under the supervision and direction of the advisory
committee, shall:
(1) Administer all criminal appellate indigent defense
services;
(2) Submit a biennial budget for all costs related to state
appellate indigent defense;
(3) Establish administrative procedures, standards, and
guidelines for the program including a cost-efficient system
that provides for recovery of costs;
(4) Recommend criteria and standards for determining
and verifying indigency. In recommending criteria for
determining indigency, the director shall compile and review
the indigency standards used by other state agencies and
shall periodically submit the compilation and report to the
legislature on the appropriateness and consistency of such
standards;
(5) Collect information regarding indigency cases
funded by the state and report annually to the legislature and
the supreme court;
(6) Coordinate with the supreme court and the judges of
each division of the court of appeals to determine how
attorney services should be provided.
The office of public defense shall not provide direct
representation of clients. [1996 c 221 § 3.]
Sunset Act application: See note following chapter digest.
Sections
2.70.005
2.70.010
2.70.020
2.70.030
Intent.
Director—Appointment—Qualifications—Salary.
Director—Duties—Limitations.
Advisory committee—Membership—Duties—Travel and
other expenses.
2.70.040
Employees—Civil service exemption.
2.70.050
Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations,
employees, rules, and pending business—
Apportionment—Effect on collective bargaining.
Reviser’s note—Sunset Act application: The office of public
defense is subject to review, termination, and possible extension under
chapter 43.131 RCW, the Sunset Act. See RCW 43.131.389. RCW
2.70.005 through 2.70.050 are scheduled for future repeal under RCW
43.131.390.
2.70.005 Intent. In order to implement the constitutional guarantee of counsel and to ensure the effective and
(2002 Ed.)
2.70.030 Advisory committee—Membership—
Duties—Travel and other expenses. (1) There is created
an advisory committee consisting of the following members:
(a) Three persons appointed by the chief justice of the
supreme court, including the chair of the appellate indigent
defense commission identified in subsection (3) of this
section;
(b) Two nonattorneys appointed by the governor;
(c) Two senators, one from each of the two largest
caucuses, appointed by the president of the senate; and two
members of the house of representatives, one from each of
the two largest caucuses, appointed by the speaker of the
house of representatives;
(d) One person appointed by the court of appeals
executive committee;
[Title 2 RCW—page 57]
2.70.030
Title 2 RCW: Courts of Record
(e) One person appointed by the Washington state bar
association.
(2) During the term of his or her appointment, no
appointee may: (a) Provide indigent defense services except
on a pro bono basis; (b) serve as an appellate judge or an
appellate court employee; or (c) serve as a prosecutor or
prosecutor employee.
(3) The initial advisory committee shall be comprised of
the current members of the appellate indigent defense
commission, as established by Supreme Court Order No.
25700-B, dated March 9, 1995, plus two additional legislator
members appointed under subsection (1)(c) of this section.
Members shall serve until the termination of their current
terms, and may be reappointed. The two additional legislator members, who are not on the appellate indigent defense
commission, shall each serve three-year terms. Members of
the advisory committee shall receive no compensation for
their services as members of the commission, but may be
reimbursed for travel and other expenses in accordance with
rules adopted by the office of financial management. [1996
c 221 § 4.]
Sunset Act application: See note following chapter digest.
2.70.040 Employees—Civil service exemption. All
employees of the office of public defense shall be exempt
from state civil service under chapter 41.06 RCW. [1996 c
221 § 5.]
Sunset Act application: See note following chapter digest.
2.70.050 Transfer to office of appellate indigent
defense powers, duties, functions, information, property,
appropriations, employees, rules, and pending business—
Apportionment—Effect on collective bargaining. (1) All
powers, duties, and functions of the supreme court and the
office of the administrator for the courts pertaining to
appellate indigent defense are transferred to the office of
public defense.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
supreme court or the office of the administrator for the
courts pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of
public defense. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the
supreme court or the office of the administrator for the
courts in carrying out the powers, functions, and duties
transferred shall be made available to the office of public
defense. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall
be assigned to the office of public defense.
(b) Any appropriations made to the supreme court or the
office of the administrator for the courts for carrying out the
powers, functions, and duties transferred shall, on June 6,
1996, be transferred and credited to the office of public
defense.
(c) Whenever any question arises as to the transfer of
any personnel, funds, books, documents, records, papers,
files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties
and functions transferred, the director of financial manage[Title 2 RCW—page 58]
ment shall make a determination as to the proper allocation
and certify the same to the state agencies concerned.
(3) All employees of the supreme court or the office of
the administrator for the courts engaged in performing the
powers, functions, and duties transferred are transferred to
the jurisdiction of the office of public defense. All employees classified under chapter 41.06 RCW, the state civil
service law, are assigned to the office of public defense to
perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules
governing state civil service.
(4) All rules and all pending business before the
supreme court or the office of the administrator for the
courts pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the office
of public defense. All existing contracts and obligations
shall remain in full force and shall be performed by the
office of public defense.
(5) The transfer of the powers, duties, functions, and
personnel of the supreme court or the office of the administrator for the courts shall not affect the validity of any act
performed before June 6, 1996.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed
to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until
the agreement has expired or until the bargaining unit has
been modified by action of the personnel board as provided
by law. [1996 c 221 § 6.]
Sunset Act application: See note following chapter digest.
(2002 Ed.)
Title 3
DISTRICT COURTS—COURTS OF LIMITED
JURISDICTION
Chapters
3.02 Courts of limited jurisdiction.
3.20 Venue.
3.30 District courts.
3.34 District judges.
3.38 District court districts.
3.42 District court commissioners.
3.46 Municipal departments.
3.50 Municipal courts—Alternate provision.
3.54 Clerks and deputy clerks.
3.58 Salaries and expenses.
3.62 Income of court.
3.66 Jurisdiction and venue.
3.70 Magistrates’ association.
3.72 Youth court.
3.74 Miscellaneous.
Rules of court: Rules for Courts of Limited Jurisdiction—See Rules of
Court, Part V.
District courts—Civil procedure: Title 12 RCW.
Justice or constable levying demand or promising reward: RCW 9.12.020.
Municipal courts, cities over four hundred thousand: Chapter 35.20 RCW.
Persons convicted in district court may be placed under supervision of
county probation officer: RCW 9.92.060, 9.95.210.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Small claims department: Chapter 12.40 RCW.
Chapter 3.02
COURTS OF LIMITED JURISDICTION
Sections
3.02.010
3.02.020
3.02.030
3.02.040
3.02.045
3.02.050
3.02.060
Court of limited jurisdiction defined.
Review of proceedings.
Record of proceedings.
Electronic recording equipment.
Use of collection agencies and attorneys to collect unpaid
amounts—Interest to agency authorized—Credit or debit
card use—Assessment of amounts paid for collection as
court costs.
Discovery rules in civil cases.
Judge pro tempore appointments.
3.02.010 Court of limited jurisdiction defined. For
purposes of this chapter, a court of limited jurisdiction is any
court organized under Titles 3, 35, or 35A RCW. [1980 c
162 § 1.]
Effective dates, savings—1980 c 162: "Sections 1 through 4 of this
1980 act shall take effect on January 1, 1981, and shall apply to civil or
criminal actions commenced on or after January 1, 1981. Sections 8 and 9
of this 1980 act shall take effect on May 1, 1980." [1980 c 162 § 13.]
Severability—1980 c 162: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 162 § 12.]
(2002 Ed.)
3.02.020 Review of proceedings. Review of the
proceedings in a court of limited jurisdiction shall be by the
superior court, the procedure for which may be established
by supreme court rule. [1980 c 162 § 2.]
Effective dates, savings—Severability—1980 c 162: See notes
following RCW 3.02.010.
3.02.030 Record of proceedings. The supreme court
may, by court rule, establish a method of making a record of
the proceedings of a court of limited jurisdiction for purposes of review. [1980 c 162 § 3.]
Effective dates, savings—Severability—1980 c 162: See notes
following RCW 3.02.010.
3.02.040 Electronic recording equipment. The
administrator for the courts shall supervise the selection,
installation, and operation of any electronic recording
equipment in courts of limited jurisdiction. [1980 c 162 §
4.]
Effective dates, savings—Severability—1980 c 162: See notes
following RCW 3.02.010.
3.02.045 Use of collection agencies and attorneys to
collect unpaid amounts—Interest to agency authorized—
Credit or debit card use—Assessment of amounts paid
for collection as court costs. (1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW
for purposes of collecting unpaid penalties on infractions,
criminal fines, costs, assessments, civil judgments, or
forfeitures that have been imposed by the courts. Courts of
limited jurisdiction may enter into agreements with one or
more attorneys or collection agencies for collection of
outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work,
remuneration for services, and other charges deemed
appropriate. Such agreements may authorize collection
agencies to retain all or any portion of the interest collected
on these accounts.
(2) Courts of limited jurisdiction may use credit cards
or debit cards for purposes of billing and collecting unpaid
penalties, fines, costs, assessments, and forfeitures so
imposed. Courts of limited jurisdiction may enter into
agreements with one or more financial institutions for the
purpose of the collection of penalties, fines, costs, assessments, and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed
appropriate.
(3) Servicing of delinquencies by collection agencies or
by collecting attorneys in which the court retains control of
its delinquencies shall not constitute assignment of debt.
[Title 3 RCW—page 1]
3.02.045
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
(4) For purposes of this section, the term debt shall
include penalties, fines, costs, assessments, or forfeitures
imposed by the courts.
(5) The court may assess as court costs the moneys paid
for remuneration for services or charges paid to collecting
attorneys, to collection agencies, or, in the case of credit
cards, to financial institutions. [1995 c 291 § 1; 1995 c 38
§ 1; 1994 c 301 § 1; 1987 c 266 § 1.]
Reviser’s note: This section was amended by 1995 c 38 § 1 and by
1995 c 291 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Acts of municipal officers ratified and confirmed—1995 c 38:
"Acts of municipal officers before July 23, 1995, that are consistent with its
terms, including, but not limited to, acts consistent with chapter 301, Laws
of 1994, are ratified and confirmed." [1995 c 38 § 12.]
3.02.050 Discovery rules in civil cases. By January
1, 1982, the supreme court shall adopt rules providing for
discovery in civil cases in the courts of limited jurisdiction.
[1981 c 331 § 8.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
3.02.060 Judge pro tempore appointments. A judge
pro tempore may be authorized under RCW 3.50.090 or
35.20.200 whenever a judge of the municipal court serves on
a judicial commission, board, or committee established by
the legislature or the chief justice of the supreme court. The
judge pro tempore shall be compensated as specified in
RCW 3.50.090 or 35.20.200. [2000 c 165 § 2.]
Chapter 3.20
VENUE
(Formerly: Jurisdiction and venue)
Sections
3.20.100
Change of venue—Affidavit of prejudice.
District courts, civil procedure: Title 12 RCW.
3.20.100 Change of venue—Affidavit of prejudice.
If, previous to the commencement of any trial before a
justice of the peace, the defendant, his attorney or agent,
shall make and file with the justice an affidavit that the
deponent believes that the defendant cannot have an impartial trial before such justice, it shall be the duty of the justice
to forthwith transmit all papers and documents belonging to
the case to the next nearest justice of the peace in the same
county, who is not of kin to either party, sick, absent from
the county, or interested in the result of the action, either as
counsel or otherwise. The justice to whom such papers and
documents are so transmitted shall proceed as if the suit had
been instituted before him. Distance, as contemplated by
this section, shall mean to be by the nearest traveled route.
The costs of such change of venue shall abide the result of
the suit. In precincts, and incorporated cities and towns
where there are two or more justices of the peace, any one
of them shall be considered the next nearest justice of the
peace. [1943 c 126 § 1; 1881 p 8 §§ 2, 3; Code 1881 §
1938; 1867 p 88 § 2; Rem. Supp. 1943 § 1774.]
[Title 3 RCW—page 2]
Chapter 3.30
DISTRICT COURTS
Sections
3.30.010
3.30.015
Definitions.
Construction of "justices of the peace," "justice courts,"
"justice of the peace courts."
3.30.020
Application of chapters 3.30 through 3.74 RCW.
3.30.030
Nomenclature for judges and courts.
3.30.040
Sessions.
3.30.050
Departments.
3.30.060
Adjournments.
3.30.070
Records.
3.30.080
Rules.
3.30.090
Violations bureau.
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
County probation services for persons convicted in district court: RCW
9.92.060, 9.95.210, 36.01.070.
3.30.010 Definitions. As used in this chapter unless
the context clearly requires otherwise:
"City" means an incorporated city or town.
"Department" means an administrative unit of a district
court established for the orderly and efficient administration
of business and may include, without being limited in scope
thereby, a unit or units for determining traffic cases, violations of city ordinances, violations of state law, criminal
cases, civil cases, or jury cases.
"Population" means the latest population of the judicial
district of each county as estimated and certified by the
office of financial management. The office of financial
management, on or before May 1, 1970 and on or before
May 1st each four years thereafter, shall estimate and certify
to the county legislative authority the population of each
judicial district of each county. [1984 c 258 § 3; 1979 c 151
§ 1; 1967 ex.s. c 42 § 1; 1961 c 299 § 1.]
Court Improvement Act of 1984—Effective dates—1984 c 258:
"(1) Sections 1 through 210, 511, 601 through 808, and 901 of this act shall
take effect on July 1, 1984.
(2) Sections 501 through 510 and 512 through 524 of this act shall
take effect on January 1, 1985.
(3) Sections 301 through 405 of this act shall take effect on July 1,
1985." [1984 c 258 § 902.]
Court Improvement Act of 1984—Severability—1984 c 258: "If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected." [1984 c 258 § 903.]
Short title—1984 c 258: "This act may be known and cited as the
court improvement act of 1984." [1984 c 258 § 1.]
Savings—1967 ex.s. c 42: "All matters relating to functions
transferred under the provisions of this 1967 amendatory act which at the
time of transfer have not been completed may be undertaken and completed
by the director of the planning and community affairs agency, who is
authorized, empowered, and directed to promulgate any and all orders, rules
and regulations necessary to accomplish this purpose." [1967 ex.s. c 42 §
4.] The planning and community affairs agency has been redesignated the
department of community, trade, and economic development. See RCW
43.330.020.
Effective date—1967 ex.s. c 42: "This 1967 amendatory act shall
take effect on July 1, 1967." [1967 ex.s. c 42 § 5.]
Population determinations, office of financial management: Chapter 43.62
RCW.
3.30.015 Construction of "justices of the peace,"
"justice courts," "justice of the peace courts." All
references to justices of the peace in other titles of the
(2002 Ed.)
District Courts
3.30.015
Revised Code of Washington shall be construed as meaning
district judges. All references to justice courts or justice of
the peace courts in other titles of the Revised Code of
Washington shall be construed as meaning district courts.
[1984 c 258 § 90.]
3.30.060 Adjournments. Adjournments from day to
day, or from time to time, are to be construed as recesses in
the sessions, and shall not prevent the court from sitting at
any time. [1961 c 299 § 6.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.30.070 Records. The clerk of each district court
shall keep uniform records of each case filed and the
proceedings had therein including an accounting for all funds
received and disbursed. Financial reporting shall be in such
form as may be prescribed by the state auditor. The form of
other records may be prescribed by the supreme court.
[1995 c 301 § 30; 1971 c 73 § 3; 1961 c 299 § 7.]
3.30.020 Application of chapters 3.30 through 3.74
RCW. The provisions of chapters 3.30 through 3.74 RCW
shall apply to each county with a population of two hundred
ten thousand or more: PROVIDED, That any city having a
population of more than four hundred thousand may by
resolution of its legislative body elect to continue to operate
a municipal court pursuant to the provisions of chapter 35.20
RCW, as if chapters 3.30 through 3.74 RCW had never been
enacted: PROVIDED FURTHER, That if a city elects to
continue its municipal court pursuant to this section, the
number of district judges allocated to the county in RCW
3.34.010 shall be reduced by two and the number of full
time district judges allocated by RCW 3.34.020 to the
district in which the city is situated shall also be reduced by
two. The provisions of chapters 3.30 through 3.74 RCW
may be made applicable to any county with a population of
less than two hundred ten thousand upon a majority vote of
its county legislative authority. [1991 c 363 § 4; 1987 c 202
§ 110; 1961 c 299 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Municipal courts in cities of over four hundred thousand: Chapter 35.20
RCW.
3.30.030 Nomenclature for judges and courts. The
judges of each district court district shall be the justices of
the peace of the district elected or appointed as provided in
chapters 3.30 through 3.74 RCW. Such courts shall alternately be referred to as district courts and the judges thereof
as district judges. [1984 c 258 § 4; 1971 c 73 § 1; 1961 c
299 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.30.040 Sessions. The district courts shall be open
except on nonjudicial days. Sessions of the court shall be
held at such places as shall be provided by the district court
districting plan. The court shall sit as often as business
requires in each city of the district which provides suitable
courtroom facilities, to hear causes in which such city is the
plaintiff. [1984 c 258 § 5; 1961 c 299 § 4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.30.050 Departments. Each court may be organized
in a manner consistent with the departments created by the
districting plan. [1984 c 258 § 6; 1971 c 73 § 2; 1961 c 299
§ 5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
(2002 Ed.)
3.30.080 Rules. The supreme court may adopt rules
of procedure for district courts. A district court may adopt
local rules of procedure which are not inconsistent with state
law or with the rules adopted by the supreme court. The
rules for a county with a single district and multiple facilities
may include rules to provide where cases shall be filed and
where cases shall be heard. If the rules of the supreme court
authorized under this section are adopted, all procedural laws
in conflict with the rules shall be of no effect. [1989 c 227
§ 5; 1984 c 258 § 7; 1961 c 299 § 8.]
Intent—1989 c 227: See note following RCW 3.38.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.30.090 Violations bureau. A violations bureau may
be established by any city or district court having jurisdiction
of traffic cases to assist in processing traffic cases. As
designated by written order of the court having jurisdiction
of traffic cases, specific offenses under city ordinance,
county resolution, or state law may be processed by such bureau. Such bureau may be authorized to receive the posting
of bail for such specified offenses, and, as authorized by the
court order, to accept forfeiture of bail and payment of
monetary penalties. The court order shall specify the
amount of bail to be posted and shall also specify the
circumstances or conditions which will require an appearance
before the court. Such bureau, upon accepting the prescribed
bail, shall issue a receipt to the alleged violator, which
receipt shall bear a legend informing him of the legal consequences of bail forfeiture. The bureau shall transfer daily to
the clerk of the proper department of the court all bail posted
for offenses where forfeiture is not authorized by the court
order, as well as copies of all receipts. All forfeitures or
penalties paid to a violations bureau for violations of
municipal ordinances shall be placed in the city general fund
or such other fund as may be prescribed by ordinance. All
forfeitures or penalties paid to a violations bureau for
violations of state laws or county resolutions shall be
remitted at least monthly to the county treasurer for deposit
in the current expense fund. Employees of violations
bureaus of a city shall be city employees under any applicable municipal civil service system. [1979 ex.s. c 136 § 15;
1971 c 73 § 4; 1961 c 299 § 9.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 3 RCW—page 3]
Chapter 3.34
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
Chapter 3.34
DISTRICT JUDGES
Sections
3.34.010
3.34.020
3.34.025
3.34.040
3.34.050
3.34.060
3.34.070
3.34.080
3.34.090
3.34.100
3.34.110
3.34.120
3.34.130
3.34.140
3.34.150
District judges—Number for each county.
District judges—Number—Changes.
District judge positions—Approval and agreement.
District judges—Full time—Other.
District judges—Election.
District judges—Eligibility and qualifications.
District judges—Term of office.
Oath—District judges—Court commissioners.
Bonds—Insurance as reimbursable expense.
District judges—Vacancies—Remuneration.
District judges—Disqualification.
District judges—Disqualification of partners.
District judges pro tempore—Reduction in salary of replaced
judges—Exception—Reimbursement of counties.
Exchange of district judges—Reimbursement for expenses.
Presiding judge.
3.34.010 District judges—Number for each county.
The number of district judges to be elected in each county
shall be: Adams, two; Asotin, one; Benton, three; Chelan,
two; Clallam, two; Clark, five; Columbia, one; Cowlitz, two;
Douglas, one; Ferry, one; Franklin, one; Garfield, one;
Grant, two; Grays Harbor, two; Island, one; Jefferson, one;
King, twenty-six; Kitsap, three; Kittitas, two; Klickitat, two;
Lewis, two; Lincoln, one; Mason, one; Okanogan, two;
Pacific, two; Pend Oreille, one; Pierce, eleven; San Juan,
one; Skagit, two; Skamania, one; Snohomish, eight; Spokane,
ten; Stevens, one; Thurston, two; Wahkiakum, one; Walla
Walla, two; Whatcom, two; Whitman, one; Yakima, four.
This number may be increased only as provided in RCW
3.34.020. [2002 c 138 § 1; 1998 c 64 § 1; 1995 c 168 § 1;
1994 c 111 § 1; 1991 c 354 § 1; 1989 c 227 § 6; 1987 c 202
§ 111; 1975 1st ex.s. c 153 § 1; 1973 1st ex.s. c 14 § 1;
1971 ex.s. c 147 § 1; 1970 ex.s. c 23 § 1; 1969 ex.s. c 66 §
1; 1965 ex.s. c 110 § 5; 1961 c 299 § 10.]
Effective date—1995 c 168: "This is act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 1, 1995]." [1995 c 168 § 2.]
Intent—1989 c 227: See note following RCW 3.38.070.
Intent—1987 c 202: See note following RCW 2.04.190.
3.34.020 District judges—Number—Changes. (1)
Any change in the number of full and part-time district
judges after January 1, 1992, shall be determined by the
legislature after receiving a recommendation from the
supreme court. The supreme court shall make its recommendations to the legislature based on an objective workload
analysis that takes into account available judicial resources
and the caseload activity of each court.
(2) The administrator for the courts, under the supervision of the supreme court, may consult with the board of
judicial administration and the district and municipal court
judge’s association in developing the procedures and
methods of applying the objective workload analysis.
(3) For each recommended change from the number of
full and part-time district judges in any county as of January
1, 1992, the administrator for the courts, under the supervision of the supreme court, shall complete a judicial impact
[Title 3 RCW—page 4]
note detailing any local or state cost associated with such
recommended change.
(4) If the legislature approves an increase in the base
number of district judges in any county as of January 1,
1992, such increase in the base number of district judges and
all related costs may be paid for by the county from moneys
provided under RCW 82.14.310, and any such costs shall be
deemed to be expended for criminal justice purposes as
provided in *RCW 82.14.315, and such expenses shall not
constitute a supplanting of existing funding.
(5)(a) A county legislative authority that desires to
change the number of full or part-time district judges from
the base number on January 1, 1992, must first request the
assistance of the supreme court. The administrator for the
courts, under the supervision of the supreme court, shall
conduct an objective workload analysis and make a recommendation of its findings to the legislature for consideration
as provided in this section.
(b) The legislative authority of any county may change
a part-time district judge position to a full-time position.
[2002 c 83 § 1; 1997 c 41 § 3; 1991 c 313 § 2; 1987 c 202
§ 112; 1984 c 258 § 8; 1982 c 29 § 1; 1973 1st ex.s. c 14 §
2; 1970 ex.s. c 23 § 2; 1969 ex.s. c 66 § 7; 1961 c 299 §
11.]
*Reviser’s note: RCW 82.14.315 expired July 1, 1991.
Intent—1987 c 202: See note following RCW 2.04.190.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.025 District judge positions—Approval and
agreement. Any additional district judge positions created
under RCW 3.34.020 shall be effective only if the legislative
authority of the affected county documents its approval of
any additional positions and its agreement that it will pay out
of county funds, without reimbursement from the state, the
expenses of such additional judicial positions as provided by
statute. The additional expenses include, but are not limited
to, expenses incurred for court facilities. The legislative
authority of any such county may, at its discretion, phase in
any judicial positions over a period of time not to exceed
two years from the effective date of the additional district
judge positions. [1991 c 313 § 3.]
3.34.040 District judges—Full time—Other. A
district judge serving a district having a population of forty
thousand or more persons, and a district judge receiving a
salary equal to the maximum salary set by the salary commission under RCW 3.58.020 for district judges shall be
deemed full time judges and shall devote all of their time to
the office and shall not engage in the practice of law. Other
judges shall devote sufficient time to the office to properly
fulfill the duties thereof and may engage in other occupations but shall maintain a separate office for private business
and shall not use for private business the services of any
clerk or secretary paid for by the county or office space or
supplies furnished by the judicial district. [1991 c 338 § 2;
1984 c 258 § 10; 1983 c 195 § 1; 1974 ex.s. c 95 § 2; 1971
ex.s. c 147 § 2; 1961 c 299 § 13.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
(2002 Ed.)
District Judges
3.34.050 District judges—Election. At the general
election in November 1962 and quadrennially thereafter,
there shall be elected by the voters of each district court
district the number of judges authorized for the district by
the district court districting plan. Judges shall be elected for
each district and electoral district, if any, by the qualified
electors of the district in the same manner as judges of
courts of record are elected, except as provided in chapter
29.21 RCW. Not less than ten days before the time for
filing declarations of candidacy for the election of judges for
districts entitled to more than one judge, the county auditor
shall designate each such office of district judge to be filled
by a number, commencing with the number one and numbering the remaining offices consecutively. At the time of the
filing of the declaration of candidacy, each candidate shall
designate by number which one, and only one, of the
numbered offices for which he or she is a candidate and the
name of the candidate shall appear on the ballot for only the
numbered office for which the candidate filed a declaration
of candidacy. [1998 c 19 § 2; 1989 c 227 § 3; 1984 c 258
§ 11; 1975-’76 2nd ex.s. c 120 § 8; 1961 c 299 § 14.]
Intent—1989 c 227: See note following RCW 3.38.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1975-’76 2nd ex.s. c 120: See note following RCW
29.21.010.
3.34.060 District judges—Eligibility and qualifications. To be eligible to file a declaration of candidacy for
and to serve as a district court judge, a person must:
(1) Be a registered voter of the district court district and
electoral district, if any; and
(2) Be either:
(a) A lawyer admitted to practice law in the state of
Washington; or
(b) In those districts having a population of less than
five thousand persons, a person who has taken and passed by
January 1, 2003, the qualifying examination for a lay
candidate for judicial officer as provided by rule of the
supreme court. [2002 c 136 § 1; 1991 c 361 § 1; 1989 c
227 § 4; 1984 c 258 § 12; 1961 c 299 § 15.]
Intent—1989 c 227: See note following RCW 3.38.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.070 District judges—Term of office. Every
district judge shall hold office for a term of four years from
and after the second Monday in January next succeeding his
or her selection and continuing until a successor is elected
and qualified. [1984 c 258 § 13; 1961 c 299 § 16.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.080 Oath—District judges—Court commissioners. Each district judge, district judge pro tempore and
district court commissioner shall, before entering upon the
duties of office, take an oath to support the Constitution of
the United States and the Constitution and laws of the state
of Washington, and to perform the duties of the office
faithfully and impartially and to the best of his or her ability.
[1984 c 258 § 14; 1961 c 299 § 17.]
(2002 Ed.)
3.34.050
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.090 Bonds—Insurance as reimbursable expense. The county legislative authority shall provide for the
bonding of each district judge, district judge pro tempore,
district court commissioner, clerk of the district court, and
court employee, at the expense of the county, in such
amount as the county legislative authority shall prescribe,
conditioned that each such person will pay over according to
law all moneys which shall come into the person’s custody
in causes filed in the district court. Such bond shall not be
less than the maximum amount of money liable to be under
the control, at any one time, of each such person in the
performance of his or her duties. Such bond may be a
blanket bond. If the county obtains errors and omissions
insurance covering district court personnel, the costs of such
coverage shall be a reimbursable expense pursuant to RCW
3.62.050 as now or hereafter amended. [1984 c 258 § 15;
1971 c 73 § 5; 1961 c 299 § 18.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.100
District judges—Vacancies—
Remuneration. If a district judge dies, resigns, is convicted
of a felony, ceases to reside in the district, fails to serve for
any reason except temporary disability, or if his or her term
of office is terminated in any other manner, the office shall
be deemed vacant. The county legislative authority shall fill
all vacancies by appointment and the judge thus appointed
shall hold office until the next general election and until a
successor is elected and qualified. District judges shall be
granted sick leave in the same manner as other county
employees. A district judge may receive when vacating
office remuneration for unused accumulated leave and sick
leave at a rate equal to one day’s monetary compensation for
each full day of accrued leave and one day’s monetary compensation for each four full days of accrued sick leave, the
total remuneration for leave and sick leave not to exceed the
equivalent of thirty days’ monetary compensation. [1992 c
76 § 1; 1984 c 258 § 16; 1961 c 299 § 19.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.110 District judges—Disqualification. A district
judge shall not act as judge in any of the following cases:
(1) In an action to which the judge is a party, or in
which the judge is directly interested, or in which the judge
has been an attorney for a party.
(2) When the judge or one of the parties believes that
the parties cannot have an impartial trial before the judge.
Only one change of judges shall be allowed each party under
this subsection.
When a judge is disqualified under this section, the case
shall be heard before another judge or judge pro tempore of
the same county. [1984 c 258 § 17; 1961 c 299 § 20.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.120 District judges—Disqualification of
partners. The partner and associates of a judge who is a
[Title 3 RCW—page 5]
3.34.120
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
lawyer shall not practice law before the judge. [1984 c 258
§ 18; 1961 c 299 § 21.]
1984 c 258 § 302; 1984 c 258 § 19; 1983 c 195 § 2; 1981
c 331 § 9; 1961 c 299 § 22.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
*Reviser’s note: RCW 3.34.060 was amended by 2002 c 136 § 1,
deleting subsection (2)(b).
Severability—1986 c 161: See note following RCW 43.03.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
3.34.130 District judges pro tempore—Reduction in
salary of replaced judges—Exception—Reimbursement
of counties. (1) Each district court shall designate one or
more persons as judge pro tempore who shall serve during
the temporary absence, disqualification, or incapacity of a
district judge or to serve as an additional judge for excess
caseload or special set cases. The qualifications of a judge
pro tempore shall be the same as for a district judge, except
that with respect to RCW 3.34.060(1), the person appointed
need only be a registered voter of the state. A district that
has a population of not more than ten thousand and that has
no person available who meets the qualifications under
*RCW 3.34.060(2) (a) or (b), may appoint as a pro tempore
judge a person who has taken and passed the qualifying
examination for the office of district judge as is provided by
rule of the supreme court. A judge pro tempore may sit in
any district of the county for which he or she is appointed.
A judge pro tempore shall be paid the salary authorized by
the county legislative authority.
(2) For each day that a judge pro tempore serves in
excess of thirty days during any calendar year, the annual
salary of the district judge in whose place the judge pro
tempore serves shall be reduced by an amount equal to onetwo hundred fiftieth of such salary: PROVIDED, That each
full time district judge shall have up to fifteen days annual
leave without reduction for service on judicial commissions
established by the legislature or the chief justice of the
supreme court. No reduction in salary shall occur when a
judge pro tempore serves:
(a) While a district judge is using sick leave granted in
accordance with RCW 3.34.100;
(b) While a district court judge is disqualified from
serving following the filing of an affidavit of prejudice;
(c) As an additional judge for excess case load or
special set cases; or
(d) While a district judge is otherwise involved in
administrative, educational, or judicial functions related to
the performance of the judge’s duties: PROVIDED, That
the appointment of judge pro tempore authorized under
subsection (2)(c) and (d) of this section is subject to an
appropriation for this purpose by the county legislative
authority.
(3) The legislature may appropriate money for the
purpose of reimbursing counties for the salaries of judges
pro tempore for certain days in excess of thirty worked per
year that the judge pro tempore was required to work as the
result of service by a judge on a commission as authorized
under subsection (2) of this section. No later than September 1 of each year, each county treasurer shall certify to the
administrator for the courts for the year ending the preceding
June 30, the number of days in excess of thirty that any
judge pro tempore was required to work as the result of
service by a judge on a commission as authorized under
subsection (2) of this section. Upon receipt of the certification, the administrator for the courts shall reimburse the
county from money appropriated for that purpose. [1996 c
16 § 1; 1994 c 18 § 1; 1993 c 330 § 1; 1986 c 161 § 4;
[Title 3 RCW—page 6]
3.34.140
Exchange of district judges—
Reimbursement for expenses. Any district judge may hold
a session in any district in the state, at the request of the
judge or majority of judges in the district if the visiting
judge determines that the state of business in his or her
district allows the judge to be absent. The county legislative
authority in which the district court is located shall first
approve the temporary absence and the judge pro tempore
shall not be required to serve during the judge’s absence. A
visiting judge shall be entitled to reimbursement for subsistence, lodging, and travel expenses in accordance with the
rates applicable to state officers under RCW 43.03.050 and
43.03.060 as now or hereafter amended while so acting, to
be paid by the visited district. These expenses shall not be
paid to the visiting judge unless the legislative authority of
the county in which the visited district is located has
approved the payment before the visit. [1984 c 258 § 20;
1981 c 186 § 5; 1961 c 299 § 23.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.34.150 Presiding judge. If a district has more than
one judge, the supreme court may by rule provide for the
manner of selection of one of the judges to serve as presiding judge and prescribe the presiding judge’s duties. If a
county has multiple districts or has one district with multiple
electoral districts, the supreme court may by rule provide for
the manner of selection of one of the judges to serve as
presiding judge and prescribe the presiding judge’s duties.
[1989 c 227 § 7; 1984 c 258 § 21; 1961 c 299 § 24.]
Intent—1989 c 227: See note following RCW 3.38.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 3.38
DISTRICT COURT DISTRICTS
Sections
3.38.010
3.38.020
3.38.022
3.38.030
3.38.031
3.38.040
3.38.050
3.38.060
3.38.070
3.38.080
Districting committee—Membership.
Districting committee—Duties—Districting plan.
Location of offices and courtrooms.
Districting plan—Adoption.
Districting plan—Transitional provisions.
Districting plan—Amendment.
District court districts—Standards.
Joint district court districts.
Separate electoral districts—Establishment.
Separate electoral districts—Definition.
(2002 Ed.)
District Court Districts
3.38.010
3.38.010 Districting committee—Membership.
There is established in each county a district court districting
committee composed of the following:
(1) The judge of the superior court, or, if there be more
than one such judge, then one of the judges selected by that
court;
(2) The prosecuting attorney, or a deputy selected by the
prosecuting attorney;
(3) A practicing lawyer of the county selected by the
president of the largest local bar association, if there be one,
and if not, then by the county legislative authority;
(4) A judge of a court of limited jurisdiction in the
county selected by the president of the Washington state
district and municipal court judges’ association; and
(5) The mayor, or representative appointed by the
mayor, of each city or town with a population of three
thousand or more in the county;
(6) One person to represent the cities and towns with
populations of three thousand or less in the county, if any,
to be selected by a majority vote of the mayors of those
cities and towns with a population of less than three thousand. However, if there should not be a city in the county
with a population of ten thousand or more, the mayor, or the
mayor’s representative, of each city or town with a population of less than three thousand shall be a member;
(7) The chair of the county legislative authority; and
(8) The county auditor. [1995 c 37 § 1. Prior: 1994
c 81 § 1; 1994 c 32 § 2; 1984 c 258 § 22; 1961 c 299 § 25.]
shall be located further than two miles outside the boundary
of the district which it serves. [1984 c 258 § 24; 1963 c 213
§ 1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.020 Districting committee—Duties—Districting
plan. The district court districting committee shall meet at
the call of the prosecuting attorney to prepare a plan for the
districting of the county into one or more district court
districts in accordance with the provisions of chapters 3.30
through 3.74 RCW. The plan shall include the following:
(1) The boundaries of each district proposed to be established;
(2) The number of judges to be elected in each district;
(3) The location of the central office, courtrooms and
records of each court;
(4) The other places in the district, if any, where the
court shall sit;
(5) The number and location of district court commissioners to be authorized, if any;
(6) The departments, if any, into which each district
court shall be initially organized, including municipal
departments provided for in chapter 3.46 RCW;
(7) The name of each district; and
(8) The allocation of the time and allocation of salary of
each judge who will serve part time in a municipal department. [1984 c 258 § 23; 1965 ex.s. c 110 § 1; 1961 c 299
§ 26.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.022 Location of offices and courtrooms. The
districting plan may provide that the offices and courtrooms
of more than one district may be in the same building:
PROVIDED, That no office or courtroom of any district
(2002 Ed.)
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.030 Districting plan—Adoption. Upon receipt
of the districting plan, the county legislative authority shall
hold a public hearing, pursuant to the provisions of RCW
36.32.120(7), as now or hereafter amended. At the hearing,
anyone interested in the plan may attend and be heard as to
the convenience which will be afforded to the public by the
plan, and as to any other matters pertaining thereto. If the
county legislative authority finds that the plan proposed by
the districting committee conforms to the standards set forth
in chapters 3.30 through 3.74 RCW and is conducive to the
best interests and welfare of the county as a whole it may
adopt such plan. If the county legislative authority finds that
the plan does not conform to the standards as provided in
chapters 3.30 through 3.74 RCW, the county legislative
authority may modify, revise or amend the plan and adopt
such amended or revised plan as the county’s district court
districting plan. The plan decided upon shall be adopted by
the county legislative authority not later than six months
after the county initially obtains a population of two hundred
ten thousand or more or the adoption of the elective resolution. [1991 c 363 § 5; 1984 c 258 § 25; 1965 ex.s. c 110 §
2; 1961 c 299 § 27.]
3.38.031 Districting plan—Transitional provisions.
As a part of the districting plan, the county legislative
authority shall designate a date on which the terms of the
district judges of the county shall end.
For each judicial position under the districting plan, the
county legislative authority shall appoint a person qualified
under RCW 3.34.060 who shall take office on the date
designated by the county legislative authority and shall serve
until the next quadrennial election of district judges as
provided in RCW 3.34.050.
Pending cases, proceedings, and matters shall be
transferred to the appropriate court as provided in RCW
3.74.900. [1984 c 258 § 26; 1965 ex.s. c 110 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.040 Districting plan—Amendment. The
districting committee may meet for the purpose of amending
the districting plan at any time on call of the county legislative authority, the chairperson of the committee or a majority
of its members. Amendments to the plan shall be submitted
to the county legislative authority not later than March 15th
of each year for adoption by the county legislative authority
following the same procedure as with the original districting
plan. Amendments shall be adopted not later than May 1st
following submission by the districting committee. Any
amendment which would reduce the salary or shorten the
term of any judge shall not be effective until the next regular
election for district judge. All other amendments may be
[Title 3 RCW—page 7]
3.38.040
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
effective on a date set by the county legislative authority.
[1984 c 258 § 27; 1969 ex.s. c 66 § 3; 1961 c 299 § 28.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.050 District court districts—Standards.
District court districts shall be established in accordance with
the following standards:
(1) Every part of the county shall be in some district.
(2) The whole county may constitute one district.
(3) There shall not be more districts than there are
judges authorized for the county.
(4) A district boundary shall not intersect the boundary
of an election precinct.
(5) A city shall not lie in more than one district.
(6) Whenever a county is divided into more than one
district, each district shall be so established as best to serve
the convenience of the people of the district, considering the
distances which must be traveled by parties and witnesses in
going to and from the court and any natural barriers which
may obstruct such travel. [1984 c 258 § 28; 1961 c 299 §
29.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.060 Joint district court districts. Joint districts
may be established containing all or part of two or more
counties. The county containing the largest portion of the
population of a joint district shall be known as the "principal
county" and each joint district shall be deemed to lie within
the principal county for the purpose of chapters 3.30 through
3.74 RCW. A joint district may be established by resolution
of one county concurred in by a resolution of each other
county: PROVIDED, That the county legislative authority
of a county containing the largest portion of the population
of a city may include the portions of such city lying outside
the county in a joint district without concurrence of the other
counties.
Elections of judges in joint districts shall be conducted
and canvassed in the same manner as elections of superior
court judges in joint judicial districts. [1984 c 258 § 29;
1961 c 299 § 30.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.38.070
Separate electoral districts—
Establishment. A county legislative authority for a county
that has a single district but has multiple locations for
courtrooms may establish separate electoral districts to
provide for election of district court judges by subcounty
local districts. In any county containing a city of more than
four hundred thousand population, the legislative authority of
such a county shall establish such separate electoral districts.
The procedures in chapter 3.38 RCW for the establishment
of district court districts apply to the establishment of
separate electoral districts authorized by this section. [1990
c 257 § 1; 1989 c 227 § 2.]
Intent—1989 c 227: "It is the intent of the legislature to continue to
provide the option for local election of district court judges where a county
district court with multiple courtrooms is unified into a single district court
for operational and administrative purposes." [1989 c 227 § 1.]
[Title 3 RCW—page 8]
3.38.080 Separate electoral districts—Definition. In
any county in which separate electoral districts have been
established pursuant to RCW 3.38.070, the term "district"
also means "electoral district" for purposes of RCW
3.38.022, 3.38.050, and 3.38.060. [1990 c 257 § 2.]
Chapter 3.42
DISTRICT COURT COMMISSIONERS
Sections
3.42.010
3.42.020
3.42.030
3.42.040
District court commissioners—Appointment—
Qualifications—Term of office.
Powers of commissioners.
Transfer of cases to district judge.
Compensation.
3.42.010 District court commissioners—
Appointment—Qualifications—Term of office. When so
authorized by the districting plan, one or more district court
commissioners may be appointed in any district by the
judges of the district. Each commissioner shall be a registered voter of the county in which the district or a portion
thereof is located, and shall hold office at the pleasure of the
appointing judges. Any person appointed as a commissioner
authorized to hear or dispose of cases shall be a lawyer who
is admitted to the practice of law in the state of Washington
or who has passed the qualifying examination for lay judges
as provided under RCW 3.34.060. [1984 c 258 § 30; 1980
c 162 § 7; 1961 c 299 § 31.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1980 c 162: See note following RCW 3.02.010.
District court commissioners
bond: RCW 3.34.090.
oath: RCW 3.34.080.
3.42.020 Powers of commissioners. Each district
court commissioner shall have such power, authority, and
jurisdiction in criminal and civil matters as the appointing
judges possess and shall prescribe. [1984 c 258 § 31; 1979
ex.s. c 136 § 16; 1961 c 299 § 32.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
3.42.030 Transfer of cases to district judge. Any
party may have a case transferred from a district court
commissioner to a judge of the same district for hearing, by
filing a motion for transfer as long as the motion is filed and
called to the attention of the commissioner before any
discretionary ruling has been made. The following are not
considered discretionary rulings: (1) The arrangement of the
calendar; (2) the setting of an action, motion, or proceeding
for hearing or trial; (3) the arraignment of the accused; or
(4) the fixing of bail. The commissioner shall forthwith
transfer the case to the judge. [2000 c 164 § 1; 1984 c 258
§ 32; 1961 c 299 § 33.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
(2002 Ed.)
District Court Commissioners
3.42.040 Compensation. District court commissioners
shall receive such compensation as the county legislative
authority or city council shall provide. [1984 c 258 § 33;
1969 ex.s. c 66 § 4; 1961 c 299 § 34.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
District court commissioners
salary: RCW 3.46.090 and 3.58.030.
travel expenses: RCW 3.58.040.
Chapter 3.46
MUNICIPAL DEPARTMENTS
Sections
3.46.010
3.46.020
3.46.030
3.46.040
3.46.050
3.46.060
3.46.063
3.46.067
3.46.070
3.46.080
3.46.090
3.46.100
3.46.110
3.46.120
3.46.130
3.46.140
3.46.145
3.46.150
Municipal department authorized.
Judges.
Jurisdiction.
Petition.
Selection of full time judges.
Selection of part time judges.
Judicial positions—Filling—Circumstances permitted.
Judges—Residency requirement.
Election.
Term and removal.
Salary—City cost.
Vacancy.
Night sessions.
Revenue—Disposition—Interest.
Facilities.
Personnel.
Court commissioners.
Termination of municipal department—Transfer agreement—Notice.
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
3.46.010 Municipal department authorized. Any
city may secure the establishment of a municipal department
of the district court, to be designated "The Municipal
Department of (city)." Such department may also be
designated "The Municipal Court of (city)." [1984 c 258 §
72; 1961 c 299 § 35.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.020 Judges. Each judge of a municipal department shall be a judge of the district court in which the
municipal department is situated. Such judge shall be
designated as a municipal judge. [1987 c 3 § 1; 1984 c 258
§ 73; 1961 c 299 § 36.]
Severability—1987 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1987 c 3 § 21.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.030 Jurisdiction. A municipal department shall
have exclusive jurisdiction of matters arising from ordinances of the city, and no jurisdiction of other matters except as
conferred by statute. A municipal department participating
in the program established by the office of the administrator
for the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any
(2002 Ed.)
3.42.040
court of limited jurisdiction participating in the program.
[2000 c 111 § 5; 1985 c 303 § 13; 1961 c 299 § 37.]
3.46.040 Petition. Establishment of a municipal
department shall be initiated by a petition from the legislative body of the city to the county legislative authority.
Such petition shall be filed not less than thirty days prior to
February 1, 1962, or any subsequent year, and shall set
forth: (1) The number of full time and part time judges
required for the municipal department; (2) the amount of
time for which a part time judge will be required for the
municipal department; and (3) whether the full time judge or
judges will be elected or appointed. In a petition filed
subsequent to 1962 provision shall be made for temporary
appointment of a municipal judge to fill each elective
position until the next election for district judges. The
petition shall be forthwith transmitted to the districting
committee. The organization of the municipal department
shall be incorporated into the districting plan. The districting
committee in its plan shall designate the proportion of the
salary of each judge serving as a part time municipal judge
to be paid by the city, which shall be proportionate to the
time of such judge allotted to the municipal department by
the districting plan. A city may withdraw its petition any
time prior to adoption of the districting plan by the county
legislative authority, and thereupon the municipal department
pursuant to this chapter shall not be established. [1984 c
258 § 74; 1961 c 299 § 38.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.050 Selection of full time judges. Each city
may select its full time municipal judge or judges by
election, or by appointment in such manner as the city
legislative body determines: PROVIDED, That in cities
having a population in excess of four hundred thousand, the
municipal judges shall be elected. [1975 c 33 § 2; 1961 c
299 § 39.]
Severability—1975 c 33: See note following RCW 35.21.780.
3.46.060 Selection of part time judges. In district
court districts having more than one judge, appointment of
part time municipal judges shall be made from the judges of
the district by the mayor in such manner as the city legislative body shall determine. [1984 c 258 § 75; 1961 c 299 §
40.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.063 Judicial positions—Filling—Circumstances
permitted. Notwithstanding RCW 3.46.050 and 3.46.060,
judicial positions may be filled only by election under the
following circumstances:
(1) Each full-time equivalent judicial position shall be
filled by election. This requirement applies regardless of
how many judges are employed to fill the position. For
purposes of this section, a full-time equivalent position is
thirty-five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent
judicial positions, an additional judicial position or positions
that is or are in combination more than one-half of a full[Title 3 RCW—page 9]
3.46.063
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
time equivalent position shall be filled by election. [1993 c
317 § 3.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
3.46.067 Judges—Residency requirement. A judge
of a municipal department of a district court need not be a
resident of the city in which the department is created, but
must be a resident of the county in which the city is located.
[1993 c 317 § 5.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
3.46.070 Election. In each district court district where
an election is held for the position of municipal judge, the
county auditor, prior to the date for filing declarations for
the office of district judge, shall designate the proper number
of municipal judge positions, commencing with number one,
and if there is more than one municipal judge in any
municipal department, one or more positions may, at the
request of the legislative body of the city, be further designated as municipal traffic judge positions. Only voters of
the city shall vote for municipal judges. [1984 c 258 § 76;
1961 c 299 § 41.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.080 Term and removal. A municipal judge shall
serve in such capacity for his or her term as district judge
and may be removed from so serving in the same manner
and for the same reasons as he or she may be removed from
the office of district judge. [1984 c 258 § 77; 1961 c 299 §
42.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.090 Salary—City cost. The salary of a full time
municipal judge shall be paid wholly by the city. The salary
of a district judge serving a municipal department part time
shall be paid jointly by the county and the city in the same
proportion as the time of the judge has been allocated to
each. Salaries of court commissioners serving the municipal
department shall be paid by the city. [1984 c 258 § 78;
1969 ex.s. c 66 § 5; 1961 c 299 § 43.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.100 Vacancy. A vacancy in a position of full
time municipal judge shall be filled for the unexpired term
by appointment in such manner as the city may determine.
In districts having more than one judge, a vacancy in a
position of part time municipal judge shall be filled for the
unexpired term by appointment in such manner as the city
shall determine from the judges of the district, including any
judge appointed by the county commissioners to fill an
unexpired term. [1984 c 258 § 79; 1961 c 299 § 44.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.46.110 Night sessions. A city may authorize its
municipal department to hold night sessions. [1961 c 299 §
45.]
3.46.120 Revenue—Disposition—Interest. (1) All
money received by the clerk of a municipal department
including penalties, fines, bail forfeitures, fees and costs
shall be paid by the clerk to the city treasurer.
(2) The city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section,
other than for parking infractions, and certain costs to the
state treasurer. "Certain costs" as used in this subsection,
means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs
awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or
town in the prosecution of the case, including the fees of
defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW
43.08.250.
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as
provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the city general fund, and twenty-five
percent to the city general fund to fund local courts. [1995
c 291 § 2; 1988 c 169 § 1; 1985 c 389 § 3; 1984 c 258 §
303; 1975 1st ex.s. c 241 § 4; 1961 c 299 § 46.]
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Legislative intent—1984 c 258 §§ 302-340: "It is the intent of the
legislature to assure accountability, uniformity, economy, and efficiency in
the collection and distribution by superior, district, and municipal courts of
fees, fines, forfeitures, and penalties assessed and collected for violations of
state statutes, and county, city, and town ordinances." [1984 c 258 § 301.]
3.46.130 Facilities. All courtrooms, offices, facilities
and supplies for the operation of a municipal department
shall be furnished by the city. [1961 c 299 § 47.]
3.46.140 Personnel. All such personnel shall be
deemed employees of the city, shall be compensated wholly
by the city, and shall be appointed under and subject to any
applicable civil service laws and regulations. [1961 c 299 §
48.]
3.46.145 Court commissioners. The provisions of
chapter 3.42 RCW shall apply to this chapter 3.46 RCW.
[1969 ex.s. c 66 § 6.]
[Title 3 RCW—page 10]
(2002 Ed.)
Municipal Departments
3.46.150 Termination of municipal department—
Transfer agreement—Notice. (1) Any city, having established a municipal department as provided in this chapter
may, by written notice to the county legislative authority not
less than one year prior to February 1st of the year in which
all district court judges are subject to election, require the
termination of the municipal department created pursuant to
this chapter. A city may terminate a municipal department
only at the end of a four-year judicial term. However, the
city may not give the written notice required by this section
unless the city has reached an agreement with the county
under chapter 39.34 RCW under which the county is to be
paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in
district court as a result of the termination. The agreement
shall provide for periodic review and renewal of the terms of
the agreement. If the municipality and the county are unable
to agree on the terms for renewal of the agreement, they
shall be deemed to have entered into an agreement to submit
the issue to arbitration under chapter 7.04 RCW. Pending
conclusion of the arbitration proceeding, the terms of the
agreement shall remain in effect. The municipality and the
county have the same rights and are subject to the same
duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.
(2) A county that wishes to terminate a municipal
department of the district court must provide written notice
to the city legislative authority at least one year prior to the
date of the intended termination. [2001 c 68 § 2; 1984 c
258 § 210; 1961 c 299 § 49.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 3.50
MUNICIPAL COURTS—ALTERNATE PROVISION
(Formerly: Municipal departments—Alternate provision)
Sections
3.50.003
3.50.005
3.50.007
3.50.010
3.50.020
3.50.030
3.50.040
3.50.050
3.50.055
3.50.057
3.50.060
3.50.070
3.50.075
3.50.080
3.50.090
3.50.093
3.50.095
(2002 Ed.)
Definition.
Legislative finding—Alternative court structure for cities and
towns of four hundred thousand or less.
Cities and towns of four hundred thousand or less to operate
municipal court under this chapter or chapter 3.46
RCW—Municipal judges in office on July 1, 1984—
Terms.
Municipal court authorized in cities of four hundred thousand or less.
Jurisdiction.
Violations bureau for traffic cases—Disposition of moneys
collected.
Municipal judges—Appointed—Terms, qualifications—
District judge as part-time municipal judge.
Municipal judge may be elective position—Qualifications,
term.
Judicial positions—Filling—Circumstances permitted.
Judges—Residency requirement.
Termination of municipal court—Requirements—
Establishment of court.
Additional judges—Appointment, election.
Court commissioners—Appointment—Qualification—Parttime appointed judge.
Salaries of judges—Payment of court operating costs from
city funds—Judges and employees as city employees.
Judges pro tem.
Municipal judge—Vacancy—Appointment.
Municipal judge—Removal from office.
3.46.150
3.50.097
3.50.100
3.50.110
3.50.115
3.50.125
3.50.135
Judge’s oath—Bonds.
Revenue—Disposition—Interest.
Sessions.
Municipal court seal.
Transfer within municipal court.
Request for jury trial in civil cases—Exception—Fee—Juror
compensation—Jury trials in criminal cases.
3.50.300
Execution of sentence—Jail in lieu of fine and costs, computation.
3.50.320
Suspension or deferral of sentence—Change of plea—
Dismissal.
3.50.330
Suspension or deferral of sentence—Continuing jurisdiction
of court.
3.50.340
Revocation of deferred or suspended sentence—
Limitations—Termination of probation.
3.50.425
Issuance of criminal process.
3.50.430
Criminal prosecution in city’s name for violation of ordinances.
3.50.440
Penalty if no other punishment prescribed.
3.50.450
Pleadings, practice and procedure not provided for governed
by district court law.
3.50.800
Repeal of municipal criminal code—Agreement covering
costs of handling resulting criminal cases—Arbitration—
Renewal.
3.50.805
Termination of municipal court—Agreement covering costs
of handling resulting criminal cases—Arbitration—
Repeal of municipal criminal code—Agreement—
Arbitration—Repeal of a municipal crime equivalent to
offense in RCW 46.63.020—Agreement—Arbitration.
3.50.810
Termination of municipal court—Notice.
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
3.50.003 Definition. "Mayor," as used in this chapter,
means the chief administrative officer of the city. [1984 c
258 § 125.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.005 Legislative finding—Alternative court
structure for cities and towns of four hundred thousand
or less. The legislature finds that there is a multitude of
statutes governing the municipal courts of the state. This
situation is confusing and misleading to attorneys, judges,
court personnel, and others who work with the municipal
courts. The legislature therefore finds that a reorganization
of the municipal courts of the state would allow those courts
to operate in a more effective and efficient manner. This
chapter provides a court structure which may be used by
cities and towns with a population of four hundred thousand
or less which choose to operate under this chapter. [1984 c
258 § 101.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: "The enactment of sections
101 through 139 of this act shall not affect any case, proceeding, appeal, or
other matter pending in any court operating under Title 35 or 35A RCW on
the effective date of this act [July 1, 1984]. The enactment of sections 101
through 139 of this act shall not have the effect of terminating or in any
way modifying any right or liability, civil or criminal, which may be in
existence on the effective date of this act [July 1, 1984]." [1984 c 258 §
128.]
3.50.007 Cities and towns of four hundred thousand
or less to operate municipal court under this chapter or
chapter 3.46 RCW—Municipal judges in office on July
[Title 3 RCW—page 11]
3.50.007
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
1, 1984—Terms. After January 1, 1985, cities and towns
with a population of four hundred thousand or less which are
operating a municipal court under Title 35 or 35A RCW
shall operate the court pursuant to this chapter. In the
alternative, a city or town may establish a municipal department of a district court under chapter 3.46 RCW.
Municipal judges holding office on July 1, 1984, shall
continue to hold office until expiration of their term or
January 1, 1986, whichever occurs first. [1984 c 258 § 102.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.010 Municipal court authorized in cities of
four hundred thousand or less. Any city or town with a
population of four hundred thousand or less may by ordinance provide for an inferior court to be known and designated as a municipal court, which shall be entitled "The
Municipal Court of . . . . . . . . . (insert name of city or
town)", hereinafter designated and referred to as "municipal
court", which court shall have jurisdiction and shall exercise
all powers by this chapter declared to be vested in the
municipal court, together with such other powers and
jurisdiction as are generally conferred upon such court in this
state either by common law or by express statute. [1984 c
258 § 103; 1961 c 299 § 50.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.020 Jurisdiction. The municipal court shall have
exclusive original jurisdiction over traffic infractions arising
under city ordinances and exclusive original criminal
jurisdiction of all violations of city ordinances duly adopted
by the city in which the municipal court is located and shall
have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or
given by such ordinances or by state statutes. The municipal
court shall also have the jurisdiction as conferred by statute.
The municipal court is empowered to forfeit cash bail or bail
bonds and issue execution thereon; and in general to hear
and determine all causes, civil or criminal, including traffic
infractions, arising under such ordinances and to pronounce
judgment in accordance therewith. A municipal court
participating in the program established by the office of the
administrator for the courts pursuant to RCW 2.56.160 shall
have jurisdiction to take recognizance, approve bail, and
arraign defendants held within its jurisdiction on warrants
issued by any court of limited jurisdiction participating in the
program. [2000 c 111 § 6; 1985 c 303 § 14; 1984 c 258 §
104; 1979 ex.s. c 136 § 17; 1961 c 299 § 51.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
3.50.030 Violations bureau for traffic cases—
Disposition of moneys collected. Every city or town may
[Title 3 RCW—page 12]
establish and operate under the supervision of the municipal
court a violations bureau to assist the court in processing
traffic cases. Each municipal court shall designate the
specific traffic offenses and traffic infractions under city or
town ordinances which may be processed by the violations
bureau.
A violations bureau may be authorized to process traffic
infractions in conformity with chapter 46.63 RCW.
A violations bureau may be authorized to receive the
posting of bail for specified offenses and, to the extent
authorized by court order, permitted to accept forfeiture of
bail and payment of penalties. Any violations bureau, upon
accepting the prescribed bail, shall issue a receipt therefor to
the alleged violator, acknowledging the posting thereof and
informing the accused of the legal consequences of bail
forfeiture. Any person charged with any criminal traffic
offense within the authority of the violations bureau may,
upon signing a written appearance, a written plea of guilty
and a written waiver of trial, pay to the violations bureau the
fine established for the offense charged and costs and this
shall have the same effect as a court conviction. All
penalties and forfeitures paid to a violations bureau for the
violation of municipal ordinance shall be placed in the city
or town general fund or such other fund as may be prescribed by ordinance of the city or town or laws of the state
of Washington.
Any employees of an existing violations bureau of any
city shall continue as city employees. [1984 c 258 § 105;
1979 ex.s. c 136 § 18; 1961 c 299 § 52.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
3.50.040 Municipal judges—Appointed—Terms,
qualifications—District judge as part-time municipal
judge. Within thirty days after the effective date of the
ordinance creating the municipal court, the mayor of each
city or town shall appoint a municipal judge or judges of the
municipal court for a term of four years. The terms of
judges serving on July 1, 1984, and municipal judges who
are appointed to terms commencing before January 1, 1986,
shall expire January 1, 1986. The terms of their successors
shall commence on January 1, 1986, and on January 1 of
each fourth year thereafter, pursuant to appointment or
election as provided in this chapter. Appointments shall be
made on or before December 1 of the year next preceding
the year in which the terms commence.
The legislative authority of a city or town that has the
general power of confirmation over mayoral appointments
shall have the power to confirm the appointment of a
municipal judge.
A person appointed as a full-time or part-time municipal
judge shall be a citizen of the United States of America and
of the state of Washington; and an attorney admitted to
practice law before the courts of record of the state of
Washington: PROVIDED, That in a municipality having a
population less than five thousand persons, a person who has
taken and passed by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by
(2002 Ed.)
Municipal Courts—Alternate Provision
3.50.040
rule of the supreme court may be the judge. Any city or
town shall have authority to appoint a district judge as its
municipal judge when the municipal judge is not required to
serve full time. In the event of the appointment of a district
judge, the city or town shall pay a pro rata share of the
salary. [2002 c 136 § 2; 1984 c 258 § 106; 1975-’76 2nd
ex.s. c 35 § 1; 1961 c 299 § 53.]
A city or town newly establishing a municipal court
pursuant to this chapter shall do so by adoption of an
appropriate ordinance on or before December 1 of any year,
to take effect January 1 of the following year. [1984 c 258
§ 108; 1961 c 299 § 55.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
**(2) RCW 35.24.455 was recodified as RCW 35.23.555 pursuant to
1994 c 81 § 90.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.050 Municipal judge may be elective position—
Qualifications, term. The legislative authority of the city
or town may, by ordinance, provide that the position of
municipal judge within the city or town shall be an elective
position. The ordinance shall provide for the qualifications
of the municipal judge which shall be the same as the
qualifications necessary for the appointment thereof; and
further, shall provide that the municipal judge shall be
elected in the same manner as other elective city officials are
elected to office, and that the term of the municipal judge
shall be for a term of four years commencing on January 1,
1986, and every four years thereafter. [1984 c 258 § 107;
1961 c 299 § 54.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.055 Judicial positions—Filling—Circumstances
permitted. Notwithstanding RCW 3.50.040 and 3.50.050,
judicial positions may be filled only by election under the
following circumstances:
(1) Each full-time equivalent judicial position shall be
filled by election. This requirement applies regardless of
how many judges are employed to fill the position. For
purposes of this section, a full-time equivalent position is
thirty-five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent
judicial positions, an additional judicial position or positions
that is or are in combination more than one-half of a fulltime equivalent position shall also be filled by election.
[1993 c 317 § 4.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
3.50.057 Judges—Residency requirement. A judge
of a municipal court need not be a resident of the city in
which the court is created, but must be a resident of the
county in which the city is located. [1993 c 317 § 6.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
3.50.060 Termination of municipal court—
Requirements—Establishment of court. A city or town
electing to establish a municipal court pursuant to this
chapter may terminate such court by adoption of an appropriate ordinance. However no municipal court may be
terminated unless the municipality has complied with RCW
3.50.805, 35.22.425, *35.23.595, **35.24.455, 35.27.515,
35.30.100, and 35A.11.200.
(2002 Ed.)
Reviser’s note: *(1) RCW 35.23.595 was repealed by 1994 c 81 §
89.
3.50.070 Additional judges—Appointment, election.
Additional full or part time judges may be appointed or
elected, as provided by ordinance of the legislative body of
the city or town when public interest and the administration
of justice makes such additional judge or judges necessary.
[1984 c 258 § 109; 1961 c 299 § 56.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.075 Court commissioners—Appointment—
Qualification—Part-time appointed judge. One or more
court commissioners may be appointed by a judge of the
municipal court. Each commissioner holds office at the
pleasure of the appointing judge. A commissioner authorized to hear or dispose of cases must be a lawyer who is
admitted to practice law in the state of Washington or a
nonlawyer who has passed the qualifying examination for lay
judges for courts of limited jurisdiction under RCW
3.34.060.
A commissioner need not be a resident of the city or of
the county in which the municipal court is created. When a
court commissioner has not been appointed and the municipal court is presided over by a part-time appointed judge, the
judge need not be a resident of the city or of the county in
which the municipal court is created. [1994 c 10 § 1.]
3.50.080 Salaries of judges—Payment of court
operating costs from city funds—Judges and employees
as city employees. Salaries of municipal court judges shall
be fixed by ordinance. All costs of operating the municipal
court, including but not limited to salaries of judges and
court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds of
the city or town. The city shall provide a suitable place for
holding court and pay all expenses of maintaining it.
All employees of the municipal court shall, for all
purposes, be deemed employees of the city or town. They
shall be appointed by and serve at the pleasure of the court.
[1984 c 258 § 111; 1961 c 299 § 57.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Salaries of municipal judges in cities over 400,000: RCW 3.58.010 and
35.20.160.
[Title 3 RCW—page 13]
3.50.090
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
3.50.090 Judges pro tem. The presiding municipal
court judge may designate one or more persons as judges pro
tem to serve in the absence or disability of the elected or
duly appointed judges of the court, subsequent to the filing
of an affidavit of prejudice, or in addition to the elected or
duly appointed judges when the administration of justice and
the accomplishment of the work of the court make it
necessary. The qualifications of a judge pro tempore shall
be the same as for judges as provided under RCW 3.50.040
except that a judge pro tempore need not be a resident of the
city or county in which the municipal court is located.
Judges pro tempore shall have all of the powers of the duly
appointed or elected judges when serving as judges pro
tempore of the court. Before entering on his or her duties,
each judge pro tempore shall take, subscribe, and file an oath
as is taken by a duly appointed or elected judge. Such pro
tempore judges shall receive such compensation as shall be
fixed by ordinance by the municipality in which the court is
located and such compensation shall be paid by the municipality. [2000 c 55 § 1; 1984 c 258 § 112; 1961 c 299 § 58.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Judges pro tempore appointments: RCW 3.02.060.
3.50.093 Municipal judge—Vacancy—Appointment.
Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled
by the mayor, for the remainder of the unexpired term. The
appointment shall be subject to confirmation by the legislative authority of the city or town if the legislative authority
has the general power of confirmation over mayoral appointments. The appointed judge shall be qualified to hold the
position of judge of the municipal court as provided in this
chapter. [1984 c 258 § 113.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.095 Municipal judge—Removal from office. A
municipal judge shall be removed only upon conviction of
misconduct or malfeasance in office, or because of physical
or mental disability rendering the judge incapable of performing the duties of the office. [1984 c 258 § 124.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.097 Judge’s oath—Bonds. Every judge of a
municipal court, before entering upon the duties of the
office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support
the Constitution of the United States and the Constitution of
the State of Washington, and that I will faithfully discharge
the duties of the office of judge of the municipal court of the
city of . . . . . . (naming such city) according to the best of
my ability." The oath shall be filed in the office of the
county auditor. The judge shall also give such bonds to the
state and city for the faithful performance of the judge’s
[Title 3 RCW—page 14]
duties as may be by law or ordinance directed. [1984 c 258
§ 110.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.100 Revenue—Disposition—Interest. (1) Costs
in civil and criminal actions may be imposed as provided in
district court. All fees, costs, fines, forfeitures and other
money imposed by any municipal court for the violation of
any municipal or town ordinances shall be collected by the
court clerk and, together with any other noninterest revenues
received by the clerk, shall be deposited with the city or
town treasurer as a part of the general fund of the city or
town, or deposited in such other fund of the city or town, or
deposited in such other funds as may be designated by the
laws of the state of Washington.
(2) The city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section,
other than for parking infractions, and certain costs to the
state treasurer. "Certain costs" as used in this subsection,
means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs
awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or
town in the prosecution of the case, including the fees of
defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW
43.08.250.
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as
provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the city general fund, and twenty-five
percent to the city general fund to fund local courts. [1995
c 291 § 3; 1988 c 169 § 2; 1985 c 389 § 4; 1984 c 258 §
304; 1975 1st ex.s. c 241 § 3; 1961 c 299 § 59.]
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.50.110 Sessions. The municipal court shall be open
and shall hold such regular and special sessions as may be
prescribed by the legislative body of the city or town:
PROVIDED, That the municipal court shall not be open on
nonjudicial days. [1984 c 258 § 114; 1961 c 299 § 60.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
(2002 Ed.)
Municipal Courts—Alternate Provision
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.110
3.50.115 Municipal court seal. The municipal court
shall have a seal which shall be the vignette of George
Washington, with the words "Seal of The Municipal Court
of . . . . . . (name of city), State of Washington," surrounding
the vignette. All process from the court runs throughout the
state. The supreme court may determine by rule what
process must be issued under seal. [1999 c 152 § 1; 1984
c 258 § 123.]
A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs
as remains unpaid after deducting from the whole amount
any previous payment, and after deducting the amount
allowed for each day of imprisonment, which amount shall
be the same and computed in the same manner as provided
for superior court cases in RCW 10.82.030 and 10.82.040,
as now or hereafter amended. In addition, all other proceedings in respect of such fine and costs shall be the same as in
like cases in the superior court. [1984 c 258 § 115; 1969 c
84 § 1; 1961 c 299 § 79.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.125 Transfer within municipal court. A
transfer of a case from the municipal court to either another
municipal judge of the same city or to a judge pro tempore
appointed in the manner prescribed by this chapter shall be
allowed in accordance with RCW 3.66.090 in all civil and
criminal proceedings. [1984 c 258 § 122.]
3.50.320 Suspension or deferral of sentence—
Change of plea—Dismissal. After a conviction, the court
may impose sentence by suspending all or a portion of the
defendant’s sentence or by deferring the sentence of the
defendant and may place the defendant on probation for a
period of no longer than two years and prescribe the conditions thereof. A defendant who has been sentenced, or
whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant’s compliance
with the terms of probation when ordered to do so by the
court, shall have the term of probation tolled until such time
as the defendant makes his or her presence known to the
court on the record. During the time of the deferral, the
court may, for good cause shown, permit a defendant to
withdraw the plea of guilty, permit the defendant to enter a
plea of not guilty, and dismiss the charges. [2001 c 94 § 4;
1984 c 258 § 116; 1983 c 156 § 5; 1961 c 299 § 81.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.135 Request for jury trial in civil cases—
Exception—Fee—Juror compensation—Jury trials in
criminal cases. In all civil cases, the plaintiff or defendant
may demand a jury, which shall consist of six citizens of the
state who shall be impaneled and sworn as in cases before
district courts, or the trial may be by a judge of the municipal court: PROVIDED, That no jury trial may be held on a
proceeding involving a traffic infraction. A party requesting
a jury shall pay to the court a fee which shall be the same as
that for a jury in district court. If more than one party
requests a jury, only one jury fee shall be collected by the
court. The fee shall be apportioned among the requesting
parties. Each juror may receive up to twenty-five dollars but
in no case less than ten dollars for each day in attendance
upon the municipal court, and in addition thereto shall
receive mileage at the rate determined under RCW
43.03.060: PROVIDED, That the compensation paid jurors
shall be determined by the legislative authority of the city
and shall be uniformly applied. Jury trials shall be allowed
in all criminal cases unless waived by the defendant. [1984
c 258 § 126.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.300 Execution of sentence—Jail in lieu of fine
and costs, computation. In all cases of conviction, unless
otherwise provided in chapters 3.30 through 3.74 RCW as
now or hereafter amended, where a jail sentence is given to
the defendant, execution shall issue accordingly and where
the judgment of the court is that the defendant pay a fine
and costs, the defendant may be committed to jail until the
judgment is paid in full.
(2002 Ed.)
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.330 Suspension or deferral of sentence—
Continuing jurisdiction of court. For a period not to
exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after
imposition of sentence for all other offenses, the court shall
have continuing jurisdiction and authority to suspend or
defer the execution of all or any part of the sentence upon
stated terms, including installment payment of fines. A
defendant who has been sentenced, or whose sentence has
been deferred, and who then fails to appear for any hearing
to address the defendant’s compliance with the terms of
probation when ordered to do so by the court, shall have the
term of probation tolled until such time as the defendant
makes his or her presence known to the court on the record.
However, the jurisdiction period in this section does not
apply to the enforcement of orders issued under RCW
46.20.720. Any time before entering an order terminating
probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence.
[2001 c 94 § 5; 1999 c 56 § 1; 1984 c 258 § 117; 1983 c
156 § 6; 1961 c 299 § 82.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
[Title 3 RCW—page 15]
3.50.330
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.340 Revocation of deferred or suspended
sentence—Limitations—Termination of probation.
Deferral of sentence and suspension of execution of sentence
may be revoked if the defendant violates or fails to carry out
any of the conditions of the deferral or suspension. Upon
the revocation of the deferral or suspension, the court shall
impose the sentence previously suspended or any unexecuted
portion thereof. In no case shall the court impose a sentence
greater than the original sentence, with credit given for time
served and money paid on fine and costs.
Any time before entering an order terminating probation,
the court may revoke or modify its order suspending the
imposition or execution of the sentence. If the ends of
justice will be served and when warranted by the reformation
of the probationer, the court may terminate the period of
probation and discharge the person so held. [1984 c 258 §
118; 1983 c 156 § 7; 1961 c 299 § 83.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.425 Issuance of criminal process. All criminal
process issued by the municipal court shall be in the name
of the state of Washington and run throughout the state, and
be directed to and served by the chief of police, marshal, or
other police officer of any city or to any sheriff in the state.
[1984 c 258 § 127.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.430 Criminal prosecution in city’s name for
violation of ordinances. All criminal prosecutions for the
violation of a city ordinance shall be conducted in the name
of the city and may be upon the complaint of any person.
[1984 c 258 § 119; 1961 c 299 § 92.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.440 Penalty if no other punishment prescribed.
Every person convicted by the municipal court of a violation
of the criminal provisions of an ordinance for which no
punishment is specifically prescribed in the ordinance shall
be punished by a fine of not more than five thousand dollars
or imprisonment in the city jail for a period not to exceed
one year, or both such fine and imprisonment. [1984 c 258
§ 120; 1961 c 299 § 93.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.450 Pleadings, practice and procedure not
provided for governed by district court law. Pleadings,
practice and procedure in cases not governed by statutes or
[Title 3 RCW—page 16]
rules specifically applicable to municipal courts shall, insofar
as applicable, be governed by the statutes and rules now
existing or hereafter adopted governing pleadings, practice
and procedure applicable to district courts. [1984 c 258 §
121; 1961 c 299 § 94.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
3.50.800 Repeal of municipal criminal code—
Agreement covering costs of handling resulting criminal
cases—Arbitration—Renewal. (1) If a municipality has,
prior to July 1, 1984, repealed in its entirety that portion of
its municipal code defining crimes but continues to hear and
determine traffic infraction cases under chapter 46.63 RCW
in a municipal court, the municipality and the appropriate
county shall, prior to January 1, 1985, enter into an agreement under chapter 39.34 RCW under which the county is
to be paid a reasonable amount for costs incurred after
January 1, 1985, associated with prosecution, adjudication,
and sentencing in criminal cases filed in district court as a
result of the repeal. If the municipality and the county
cannot come to an agreement within the time prescribed by
this section, they shall be deemed to have entered into an
agreement to submit the issue to arbitration pursuant to
chapter 7.04 RCW. The municipality and the county have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under
chapter 7.04 RCW.
(2) The agreement between the municipality and the
county shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal
of the agreement, they shall be deemed to have entered into
an agreement to submit the issue to arbitration under chapter
7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect.
The municipality and the county have the same rights as
other parties who have agreed to submit to arbitration under
chapter 7.04 RCW. [1984 c 258 § 202.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.50.805 Termination of municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration—Repeal of municipal criminal code—
Agreement—Arbitration—Repeal of a municipal crime
equivalent to offense in RCW 46.63.020—Agreement—
Arbitration. (1) A municipality operating a municipal court
under this chapter shall not terminate that court unless the
municipality has reached an agreement with the appropriate
county or another municipality under chapter 39.34 RCW
under which the county or municipality is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
or municipal court as a result of the termination. The
agreement shall provide for periodic review and renewal of
the terms of the agreement. If the municipality and the
county or municipality are unable to agree on the terms for
renewal of the agreement, they shall be deemed to have
entered into an agreement to submit the issue to arbitration
(2002 Ed.)
Municipal Courts—Alternate Provision
under chapter 7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in
effect. The municipality and the county or municipality have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under
chapter 7.04 RCW. A municipality that has entered into
agreements with other municipalities that have terminated
their municipal courts may not thereafter terminate its court
unless each municipality has reached an agreement with the
appropriate county in accordance with this section.
(2) A municipality operating a municipal court under
this chapter may not repeal in its entirety that portion of its
municipal code defining crimes while retaining the court’s
authority to hear and determine traffic infractions under
chapter 46.63 RCW unless the municipality has reached an
agreement with the county under chapter 39.34 RCW under
which the county is to be paid a reasonable amount for costs
associated with prosecution, adjudication, and sentencing in
criminal cases filed in district court as a result of the repeal.
The agreement shall provide for periodic review and renewal
of the terms of the agreement. If the municipality and the
county are unable to agree on the terms for renewal of the
agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect.
The municipality and the county have the same rights and
are subject to the same duties as other parties who have
agreed to submit to arbitration under chapter 7.04 RCW.
(3) A municipality operating a municipal court under
this chapter may not repeal a provision of its municipal code
which defines a crime equivalent to an offense listed in
RCW 46.63.020 unless the municipality has reached an
agreement with the county under chapter 39.34 RCW under
which the county is to be paid a reasonable amount for costs
associated with prosecution, adjudication, and sentencing in
criminal cases filed in district court as a result of the repeal.
The agreement shall provide for periodic review and renewal
of the terms of the agreement. If the municipality and the
county are unable to agree on the terms for renewal of the
agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04 RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are
subject to the same duties as other parties who have agreed
to submit to arbitration under chapter 7.04 RCW. [1984 c
258 § 203.]
(3) A county that wishes to terminate an agreement with
a city for the provision of court services must provide
written notice of the intent to terminate the agreement to the
city legislative authority not less than one year prior to the
expiration of the agreement. [2001 c 68 § 1; 1993 c 317 §
2.]
Severability—1993 c 317: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 317 § 11.]
Effective date—1993 c 317: "This act shall take effect January 1,
1995." [1993 c 317 § 12.]
Chapter 3.54
CLERKS AND DEPUTY CLERKS
Sections
3.54.010
3.54.020
3.54.030
(2002 Ed.)
Compensation.
Powers and duties.
Seal.
3.54.010 Compensation. The clerk and deputy clerks
of district courts shall receive such compensation as shall be
provided by the county legislative authority. [1984 c 258 §
34; 1971 c 73 § 6; 1961 c 299 § 98.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.54.020 Powers and duties. The district courts shall
prescribe the duties of the clerk and deputy clerks. Such
duties shall include all of the requirements of RCW 3.62.020
and 3.62.040 as now or hereafter amended and the receipt of
bail and additionally the power to:
(1) Accept and enter pleas;
(2) Receive bail as set by the court;
(3) Set cases for trial;
(4) Administer oaths. [1975 1st ex.s. c 241 § 1; 1971
c 73 § 7; 1961 c 299 § 99.]
3.54.030 Seal. The district court shall have a seal that
shall be the vignette of George Washington, with the words
"Seal of the . . . . . . District Court of . . . . . . County, State
of Washington," surrounding the vignette. All process from
the court runs throughout the state. The supreme court may
determine by rule what process must be issued under seal.
[1999 c 152 § 2; 1992 c 29 § 1.]
Chapter 3.58
SALARIES AND EXPENSES
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.50.810 Termination of municipal court—Notice.
(1) Any city having entered into an agreement for court
services with the county must provide written notice of the
intent to terminate the agreement to the county legislative
authority not less than one year prior to February 1st of the
year in which all district court judges are subject to election.
(2) Any city that terminates an agreement for court
services to be provided by a district court may terminate the
agreement only at the end of a four-year district court
judicial term.
3.50.805
Sections
3.58.010
3.58.020
3.58.030
3.58.040
3.58.050
Salaries of full time district court judges.
Salaries of part time district judges.
Payment of salaries.
Travel expenses.
Other court expenses—Lease, construction, of courtrooms
and offices.
3.58.010 Salaries of full time district court judges.
The annual salary of each full time district court judge shall
be established by the Washington citizen’s commission on
[Title 3 RCW—page 17]
3.58.010
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
salaries for elected officials. A member of the legislature
whose term of office is partly coextensive with or extends
beyond the present term of office of any of the officials
whose salary is increased by virtue of the provisions of
RCW 43.03.010, 2.04.092, 2.06.062, 2.08.092, and 3.58.010
shall be eligible to be appointed or elected to any of the
offices the salary of which is increased hereby but he shall
not be entitled to receive such increased salary until after the
expiration of his present term of office and his subsequent
election or reelection to the office to which he was appointed
or elected respectively during his term of office as legislator.
[1986 c 155 § 7; 1985 c 7 § 1; 1983 c 186 § 2; 1980 c 162
§ 8; 1979 ex.s. c 255 § 8; 1977 ex.s. c 318 § 5; 1975 1st
ex.s. c 263 § 5; 1975 c 33 § 3; 1974 ex.s. c 149 § 6 (Initiative Measure No. 282, approved November 6, 1973); 1972
ex.s. c 100 § 4; 1969 c 52 § 1; 1965 c 147 § 1; 1961 c 299
§ 100.]
Contingent effective date—Severability—1986 c 155: See notes
following RCW 43.03.300.
Effective dates, savings—Severability—1980 c 162: See notes
following RCW 3.02.010.
Effective date—1979 ex.s. c 255: See note following RCW
43.03.010.
Effective date—1977 ex.s. c 318: See note following RCW
43.03.010.
Severability—Effective date—1975 1st ex.s. c 263: See notes
following RCW 43.03.010.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 149 (Initiative Measure No. 282): See
note following RCW 43.03.010.
District court judges’ salaries: State Constitution Art. 28 § 1.
District courts, judges pro tempore, salaries: RCW 3.34.130.
Municipal courts, cities over 400,000, judges’ salaries: RCW 35.20.160.
Superior courts, judges’ salaries: RCW 2.08.092.
Washington citizens’ commission on salaries for elected officials: RCW
43.03.305.
3.58.020 Salaries of part time district judges. The
annual salaries of part time district judges shall be set by the
citizens’ commission on salaries. [1991 c 338 § 3; 1984 c
258 § 35; 1982 c 29 § 2; 1979 ex.s. c 255 § 9; 1974 ex.s. c
95 § 1; 1969 ex.s. c 192 § 1; 1961 c 299 § 101.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1979 ex.s. c 255: See note following RCW
43.03.010.
District judges—Full time—Other: RCW 3.34.040.
3.58.030 Payment of salaries. The compensation of
judges, clerks, judges pro tempore, deputy clerks, and court
commissioners payable by the county shall be paid monthly
out of the county treasury from the same funds out of which
other salaried county officers are paid. [1984 c 258 § 36;
1961 c 299 § 102.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.58.040 Travel expenses. District judges, judges pro
tempore, court commissioners, and district court employees
shall receive their reasonable traveling expenses when
engaged in the business of the court as provided in chapter
[Title 3 RCW—page 18]
42.24 RCW. [1984 c 258 § 37; 1983 c 3 § 3; 1961 c 299 §
103.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.58.050 Other court expenses—Lease, construction,
of courtrooms and offices. The county legislative authority
shall furnish all necessary facilities for the district courts,
including suitable courtrooms, furniture, books, stationery,
postage, office equipment, heat, light and telephone and may
lease or construct courtrooms and offices for such purpose.
The county legislative authority shall not be required to
furnish courtroom space in any place other than as provided
in the districting plan. [1984 c 258 § 38; 1963 c 213 § 3;
1961 c 299 § 104.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 3.62
INCOME OF COURT
Sections
3.62.010
3.62.020
3.62.040
3.62.050
3.62.060
3.62.065
3.62.070
3.62.090
3.62.100
Suspension of fine or penalty.
Costs, fees, fines, forfeitures, and penalties except city cases—Disposition—Interest.
Costs, fines, forfeitures, and penalties from city cases—
Disposition—Interest.
Court expenditures to be paid from county current expense
fund—Exception.
Filing fees in civil cases—Fees allowed as court costs.
Fees allowed as court costs.
Filing fees in criminal cases and traffic infractions—
Arbitration if no agreement.
Public safety and education assessment—Amount.
Promotion of efficiency.
3.62.010 Suspension of fine or penalty. The district
court may at the time of sentencing or at any time thereafter
suspend a portion or all of a fine or penalty. [1984 c 258 §
305; 1961 c 299 § 105.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.62.020 Costs, fees, fines, forfeitures, and penalties
except city cases—Disposition—Interest. (1) Except as
provided in subsection (4) of this section, all costs, fees,
fines, forfeitures and penalties assessed and collected in
whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in
part, because of the violation of city ordinances, shall be
remitted by the clerk of the district court to the county
treasurer at least monthly, together with a financial statement
as required by the state auditor, noting the information
necessary for crediting of such funds as required by law.
(2) The county treasurer shall remit thirty-two percent
of the noninterest money received under subsection (1) of
this section except certain costs to the state treasurer.
"Certain costs" as used in this subsection, means those costs
awarded to prevailing parties in civil actions under RCW
4.84.010 or 36.18.040, or those costs awarded against
convicted defendants in criminal actions under RCW
10.01.160, 10.46.190, or 36.18.040, or other similar statutes
(2002 Ed.)
Income of Court
if such costs are specifically designated as costs by the court
and are awarded for the specific reimbursement of costs
incurred by the state or county in the prosecution of the
case, including the fees of defense counsel. Money remitted
under this subsection to the state treasurer shall be deposited
as provided in RCW 43.08.250.
(3) The balance of the noninterest money received by
the county treasurer under subsection (1) of this section shall
be deposited in the county current expense fund.
(4) All money collected for county parking infractions
shall be remitted by the clerk of the district court at least
monthly, with the information required under subsection (1)
of this section, to the county treasurer for deposit in the
county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the county current expense fund, and
twenty-five percent to the county current expense fund to
fund local courts. [1995 c 301 § 31; 1995 c 291 § 5; 1988
c 169 § 3; 1985 c 389 § 5; 1984 c 258 § 306; 1971 c 73 §
8; 1969 ex.s. c 199 § 2; 1961 c 299 § 106.]
Reviser’s note: This section was amended by 1995 c 291 § 5 and by
1995 c 301 § 31, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.62.040 Costs, fines, forfeitures, and penalties from
city cases—Disposition—Interest. (1) Except as provided
in subsection (4) of this section, all costs, fines, forfeitures
and penalties assessed and collected, in whole or in part, by
district courts because of violations of city ordinances shall
be remitted by the clerk of the district court at least monthly
directly to the treasurer of the city wherein the violation occurred.
(2) The city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section,
other than for parking infractions and certain costs, to the
state treasurer. "Certain costs" as used in this subsection,
means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs
awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or
town in the prosecution of the case, including the fees of
defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited as provided in RCW
43.08.250.
(2002 Ed.)
3.62.020
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as
provided by law.
(4) All money collected for city parking infractions shall
be remitted by the clerk of the district court at least monthly
to the city treasurer for deposit in the city’s general fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the public safety and
education account as provided in RCW 43.08.250, twentyfive percent to the state treasurer for deposit in the judicial
information system account as provided in RCW 2.68.020,
twenty-five percent to the city general fund, and twenty-five
percent to the city general fund to fund local courts. [1995
c 291 § 6; 1988 c 169 § 4; 1985 c 389 § 6; 1984 c 258 §
307; 1975 1st ex.s. c 241 § 2; 1961 c 299 § 108.]
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.62.050 Court expenditures to be paid from county
current expense fund—Exception. The total expenditures
of the district courts, including the cost of providing courtroom and office space, the cost of probation and parole
services and any personnel employment therefor, and the
cost of providing services necessary for the preparation and
presentation of a defense at public expense, except costs of
defense to be paid by a city pursuant to RCW 3.62.070, shall
be paid from the county current expense fund. [1987 c 202
§ 114; 1984 c 258 § 308; 1973 1st ex.s. c 10 § 1; 1969 ex.s.
c 199 § 3; 1969 c 111 § 1; 1963 c 213 § 2; 1961 c 299 §
109.]
Intent—1987 c 202: See note following RCW 2.04.190.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
3.62.060 Filing fees in civil cases—Fees allowed as
court costs. Clerks of the district courts shall collect the
following fees for their official services:
(1) In any civil action commenced before or transferred
to a district court, the plaintiff shall, at the time of such
commencement or transfer, pay to such court a filing fee of
thirty-one dollars plus any surcharge authorized by RCW
7.75.035. No party shall be compelled to pay to the court
any other fees or charges up to and including the rendition
of judgment in the action other than those listed.
(2) For issuing a writ of garnishment or other writ a fee
of six dollars.
(3) For filing a supplemental proceeding a fee of twelve
dollars.
(4) For demanding a jury in a civil case a fee of fifty
dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of six
dollars.
[Title 3 RCW—page 19]
3.62.060
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
(6) For certifying any document on file or of record in
the clerk’s office a fee of five dollars.
(7) For preparing the record of a case for appeal to
superior court a fee of forty dollars including any costs of
tape duplication as governed by the rules of appeal for courts
of limited jurisdiction (RALJ).
(8) For duplication of part or all of the electronic tape
or tapes of a proceeding ten dollars per tape.
The fees or charges imposed under this section shall be
allowed as court costs whenever a judgment for costs is
awarded. [1992 c 62 § 8; 1990 c 172 § 2; 1987 c 382 § 2;
1984 c 258 § 309; 1981 c 330 § 1; 1980 c 162 § 9; 1969 c
25 § 1; 1965 c 55 § 1; 1961 c 299 § 110.]
Effective date—1992 c 62: See RCW 27.24.900.
Effective date—1990 c 172: See note following RCW 7.75.035.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1981 c 330: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 330 § 11.]
Effective dates, savings—Severability—1980 c 162: See notes
following RCW 3.02.010.
3.62.065 Fees allowed as court costs. All courts
organized under Title 3 or 35 RCW may charge fees as
prescribed in RCW 3.62.060. The fees or charges imposed
under this section shall be allowed as court costs whenever
a judgment for costs is awarded. [1992 c 62 § 7.]
Effective date—1992 c 62: See RCW 27.24.900.
3.62.070 Filing fees in criminal cases and traffic
infractions—Arbitration if no agreement. Except in
traffic cases wherein bail is forfeited or a monetary penalty
paid to a violations bureau, and except in cases filed in
municipal departments established pursuant to chapter 3.46
RCW and except in cases where a city has contracted with
another city for such services pursuant to chapter 39.34
RCW, in every criminal or traffic infraction action filed by
a city for an ordinance violation, the city shall be charged a
filing fee. Fees shall be determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal
cooperation act, between the city and the county providing
the court service. In such criminal or traffic infraction
actions the cost of providing services necessary for the
preparation and presentation of a defense at public expense
are not within the filing fee and shall be paid by the city. In
all other criminal or traffic infraction actions, no filing fee
shall be assessed or collected: PROVIDED, That in such
cases, for the purposes of RCW 3.62.010, four dollars or the
agreed filing fee of each fine or penalty, whichever is
greater, shall be deemed filing costs.
In the event no agreement is reached between a city and
the county providing the court service, either party may
invoke binding arbitration on the fee issue by notice to the
other party. In the case of establishing initial fees, the notice
shall be thirty days. In the case of renewal or proposed
nonrenewal, the notice shall be given one hundred twenty
days prior to the expiration of the existing contract. In the
event that such issue is submitted to arbitration, the arbitrator
or arbitrators shall only consider those additional costs borne
[Title 3 RCW—page 20]
by the county in providing district court services for such
city. The city and the county shall each select one arbitrator,
the two of whom shall pick a third arbitrator. The existing
contract shall remain in effect until a new agreement is
reached or until an arbitration award is made. [1994 c 266
§ 15; 1993 c 317 § 8; 1984 c 258 § 39; 1980 c 128 § 14;
1979 ex.s. c 129 § 1; 1973 1st ex.s. c 10 § 2; 1961 c 299 §
111.]
Effective date—1994 c 266 § 15: "Section 15 of this act shall take
effect January 1, 1995." [1994 c 266 § 16.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
3.62.090 Public safety and education assessment—
Amount. (1) There shall be assessed and collected in
addition to any fines, forfeitures, or penalties assessed, other
than for parking infractions, by all courts organized under
Title 3 or 35 RCW a public safety and education assessment
equal to sixty percent of such fines, forfeitures, or penalties,
which shall be remitted as provided in chapters 3.46, 3.50,
3.62, and 35.20 RCW. The assessment required by this
section shall not be suspended or waived by the court.
(2) There shall be assessed and collected in addition to
any fines, forfeitures, or penalties assessed, other than for
parking infractions and for fines levied under RCW
46.61.5055, and in addition to the public safety and education assessment required under subsection (1) of this
section, by all courts organized under Title 3 or 35 RCW, an
additional public safety and education assessment equal to
fifty percent of the public safety and education assessment
required under subsection (1) of this section, which shall be
remitted to the state treasurer and deposited as provided in
RCW 43.08.250. The additional assessment required by this
subsection shall not be suspended or waived by the court.
(3) This section does not apply to the fee imposed under
*RCW 46.63.110(6) or the penalty imposed under *RCW
46.63.110(7). [2001 c 289 § 1; 1997 c 331 § 4; 1995 c 332
§ 7; 1994 c 275 § 34; 1986 c 98 § 4; 1984 c 258 § 337.]
*Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (6) to subsection (7) and subsection (7) to subsection
(8).
Effective date—1997 c 331: See note following RCW 70.168.135.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1986 c 98 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect May 1, 1986." [1986 c 98 § 5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Public safety and education account: RCW 43.08.250.
3.62.100 Promotion of efficiency. District courts
shall take all steps necessary to promote efficiencies in
calendaring in order to minimize costs to cities that use the
(2002 Ed.)
Income of Court
district courts. Cities shall cooperate with the district courts
in order to minimize those costs. [1993 c 317 § 7.]
Severability—Effective date—1993 c 317: See notes following
RCW 3.50.810.
Chapter 3.66
JURISDICTION AND VENUE
Sections
3.66.010
3.66.020
3.66.030
3.66.040
3.66.050
3.66.060
3.66.065
3.66.067
3.66.068
3.66.069
3.66.070
3.66.080
3.66.090
3.66.095
3.66.100
3.66.110
3.66.120
3.66.130
Powers of district court.
Civil jurisdiction.
Restrictions on civil jurisdiction.
Venue—Civil action.
Transfer of proceedings.
Criminal jurisdiction.
Assessment of punishment.
Assessment of punishment—Suspension or deferral of sentence—Dismissal of charges.
Assessment of punishment—Suspension or deferral of sentence—Terms.
Assessment of punishment—Revocation of deferred or suspended sentence—Limitations—Termination of probation.
Venue—Criminal actions—Temporary venue.
Criminal venue corrected.
Change of venue.
Removal of certain civil actions to superior court.
Territorial jurisdiction—Process—Limitation.
Advertising authority to solemnize marriages is breach of
judicial ethics.
Court-ordered restitution—Enforcement.
Court-ordered restitution—Payment.
3.66.010 Powers of district court. (1) The justices of
the peace elected in accordance with chapters 3.30 through
3.74 RCW are authorized to hold court as judges of the
district court for the trial of all actions enumerated in chapters 3.30 through 3.74 RCW or assigned to the district court
by law; to hear, try, and determine the same according to the
law, and for that purpose where no special provision is
otherwise made by law, such court shall be vested with all
the necessary powers which are possessed by courts of
record in this state; and all laws of a general nature shall
apply to such district court as far as the same may be
applicable and not inconsistent with the provisions of chapters 3.30 through 3.74 RCW. The district court shall, upon
the demand of either party, impanel a jury to try any civil or
criminal case in accordance with the provisions of chapter
12.12 RCW. No jury trial may be held in a proceeding
involving a traffic infraction.
(2) A district court participating in the program established by the office of the administrator for the courts
pursuant to RCW 2.56.160 shall have jurisdiction to take
recognizance, approve bail, and arraign defendants held
within its jurisdiction on warrants issued by any other court
of limited jurisdiction participating in the program. [2000 c
111 § 2; 1984 c 258 § 40; 1979 ex.s. c 136 § 20; 1961 c
299 § 112.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Powers and jurisdiction of district court commissioner: RCW 3.42.020.
(2002 Ed.)
3.62.100
3.66.020 Civil jurisdiction. If the value of the claim
or the amount at issue does not exceed fifty thousand
dollars, exclusive of interest, costs, and attorneys’ fees, the
district court shall have jurisdiction and cognizance of the
following civil actions and proceedings:
(1) Actions arising on contract for the recovery of
money;
(2) Actions for damages for injuries to the person, or for
taking or detaining personal property, or for injuring personal
property, or for an injury to real property when no issue
raised by the answer involves the plaintiff’s title to or
possession of the same and actions to recover the possession
of personal property;
(3) Actions for a penalty;
(4) Actions upon a bond conditioned for the payment of
money, when the amount claimed does not exceed fifty
thousand dollars, though the penalty of the bond exceeds that
sum, the judgment to be given for the sum actually due, not
exceeding the amount claimed in the complaint;
(5) Actions on an undertaking or surety bond taken by
the court;
(6) Actions for damages for fraud in the sale, purchase,
or exchange of personal property;
(7) Proceedings to take and enter judgment on confession of a defendant;
(8) Proceedings to issue writs of attachment, garnishment and replevin upon goods, chattels, moneys, and effects;
and
(9) All other actions and proceedings of which jurisdiction is specially conferred by statute, when the title to, or
right of possession of real property is not involved. [2000
c 49 § 1; 1997 c 246 § 1; 1991 c 33 § 1; 1984 c 258 § 41;
1981 c 331 § 7; 1979 c 102 § 3; 1965 c 95 § 1; 1961 c 299
§ 113.]
Effective date—1991 c 33: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 33 § 7.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
Application, savings—1979 c 102: "Sections 2, 3, and 4 of this 1979
amendatory act upon taking effect shall apply to all actions filed on or after
December 8, 1977. Any party to an action which is pending on the
effective date of this act shall be permitted to amend any pleadings to
reflect such increase in court jurisdiction: PROVIDED, That nothing in this
act shall affect the validity of judicial acts taken prior to its effective date."
[1979 c 102 § 5.]
Severability—1979 c 102: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 c 102 § 6.]
Effective date—1979 c 102: "Sections 2 through 5 of this 1979
amendatory act are necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect May 1, 1979." [1979 c 102
§ 7.]
3.66.030 Restrictions on civil jurisdiction. The
jurisdiction covered by RCW 3.66.020 shall not extend to
the following civil actions:
(1) Actions involving title to real property;
[Title 3 RCW—page 21]
3.66.030
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
(2) Actions for the foreclosure of a mortgage or enforcement of a lien on real estate;
(3) Actions for false imprisonment, libel, slander,
malicious prosecution, criminal conversation, or seduction;
and
(4) Actions against an executor or administrator as such.
[1961 c 299 § 114.]
3.66.040 Venue—Civil action. (1) An action arising
under RCW 3.66.020 (1), (4), (6), (7), and (9) may be
brought in any district in which the defendant, or, if there be
more than one defendant, where some one of the defendants,
resides at the time the complaint is filed or in which the
defendant, or if there be more than one defendant, where
some one of the defendants may be served with the notice
and complaint in which latter case, however, the district
where the defendant or defendants is or are served must be
within the county in which the defendant or defendants
reside. If the residence of the defendant is not ascertained
by reasonable efforts, the action may be brought in the
district in which the defendant’s place of actual physical
employment is located.
(2) An action arising under RCW 3.66.020(2) for the
recovery of possession of personal property and RCW
3.66.020(8) shall be brought in the district in which the
subject matter of the action or some part thereof is situated.
(3) An action arising under RCW 3.66.020 (3) and (5)
shall be brought in the district in which the cause of action,
or some part thereof arose.
(4) An action arising under RCW 3.66.020(2) for the
recovery of damages for injuries to the person or for injury
to personal property may be brought, at the plaintiff’s option,
either in the district in which the cause of action, or some
part thereof, arose, or in the district in which the defendant,
or, if there be more than one defendant, where some one of
the defendants, resides at the time the complaint is filed.
(5) An action against a nonresident of this state may be
brought in any district where service of process may be had,
or in which the cause of action or some part thereof arose,
or in which the plaintiff or one of them resides.
(6) An action upon the unlawful issuance of a check or
draft may be brought in any district in which the defendant
resides or may be brought in any district in which the check
was issued or presented as payment.
(7) For the purposes of chapters 3.30 through 3.74
RCW, the residence of a corporation defendant shall be
deemed to be in any district where the corporation transacts
business or has an office for the transaction of business or
transacted business at the time the cause of action arose or
where any person resides upon whom process may be served
upon the corporation, unless herein otherwise provided.
[2001 c 45 § 1; 1988 c 71 § 1; 1984 c 258 § 42; 1961 c 299
§ 115.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.050 Transfer of proceedings. If a civil action
is brought in the wrong district, the action may nevertheless
be tried therein unless the defendant, at the time the defendant appears, requests a transfer of the action to the proper
district. Upon such demand an order shall be entered
[Title 3 RCW—page 22]
transferring the action to the proper district and awarding the
defendant a reasonable attorney’s fee to be paid by the
plaintiff. [1984 c 258 § 43; 1961 c 299 § 116.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.060 Criminal jurisdiction. The district court
shall have jurisdiction: (1) Concurrent with the superior
court of all misdemeanors and gross misdemeanors committed in their respective counties and of all violations of city
ordinances. It shall in no event impose a greater punishment
than a fine of five thousand dollars, or imprisonment for one
year in the county or city jail as the case may be, or both
such fine and imprisonment, unless otherwise expressly
provided by statute. It may suspend and revoke vehicle
operators’ licenses in the cases provided by law; (2) to sit as
a committing magistrate and conduct preliminary hearings in
cases provided by law; (3) concurrent with the superior court
of a proceeding to keep the peace in their respective counties; (4) concurrent with the superior court of all violations
under *Title 75 RCW; (5) to hear and determine traffic
infractions under chapter 46.63 RCW; and (6) to take
recognizance, approve bail, and arraign defendants held
within its jurisdiction on warrants issued by other courts of
limited jurisdiction when those courts are participating in the
program established under RCW 2.56.160. [2000 c 111 § 3;
1984 c 258 § 44; 1983 1st ex.s. c 46 § 176; 1982 c 150 § 1;
1961 c 299 § 117.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.065 Assessment of punishment. If a defendant
is found guilty, a judge holding office pursuant to chapters
3.30 through 3.74 RCW, or chapter 35.20 RCW, and not the
jury, shall assess punishment, notwithstanding the provisions
of RCW 10.04.100. If the judge determines that the punishment authorized is inadequate compared to the gravity of the
offense he or she may order such defendant to enter recognizance to appear in the superior court of the county and may
also recognize the witnesses and shall proceed as a committing magistrate. [1984 c 258 § 45; 1975 c 29 § 1; 1965 ex.s.
c 110 § 7.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Sentence and judgment: Rules of court: CrRLJ 7.2.
3.66.067 Assessment of punishment—Suspension or
deferral of sentence—Dismissal of charges. After a
conviction, the court may impose sentence by suspending all
or a portion of the defendant’s sentence or by deferring the
sentence of the defendant and may place the defendant on
probation for a period of no longer than two years and
prescribe the conditions thereof. A defendant who has been
sentenced, or whose sentence has been deferred, and who
then fails to appear for any hearing to address the
defendant’s compliance with the terms of probation when
ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her
presence known to the court on the record. During the time
(2002 Ed.)
Jurisdiction and Venue
of the deferral, the court may, for good cause shown, permit
a defendant to withdraw the plea of guilty and to enter a
plea of not guilty, and the court may dismiss the charges.
[2001 c 94 § 1; 1984 c 258 § 46; 1983 c 156 § 1; 1969 c 75
§ 1.]
Rules of court: ER 410.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.068 Assessment of punishment—Suspension or
deferral of sentence—Terms. For a period not to exceed
five years after imposition of sentence for a defendant
sentenced under RCW 46.61.5055 and two years after
imposition of sentence for all other offenses, the court has
continuing jurisdiction and authority to suspend or defer the
execution of all or any part of its sentence upon stated terms,
including installment payment of fines. A defendant who
has been sentenced, or whose sentence has been deferred,
and who then fails to appear for any hearing to address the
defendant’s compliance with the terms of probation when
ordered to do so by the court, shall have the term of probation tolled until such time as the defendant makes his or her
presence known to the court on the record. However, the
jurisdiction period in this section does not apply to the
enforcement of orders issued under RCW 46.20.720. [2001
c 94 § 2; 1999 c 56 § 2; 1983 c 156 § 2; 1969 c 75 § 2.]
3.66.069 Assessment of punishment—Revocation of
deferred or suspended sentence—Limitations—
Termination of probation. Deferral of sentence and
suspension of execution of sentence may be revoked if the
defendant violates or fails to carry out any of the conditions
of the deferral or suspension. Upon the revocation of the
deferral or suspension, the court may impose the sentence
previously suspended or any unexecuted portion thereof. In
no case shall the court impose a sentence greater than the
original sentence, with credit given for time served and
money paid on fine and costs.
Any time before entering an order terminating probation,
the court may revoke or modify its order suspending the
imposition or execution of the sentence. Whenever the ends
of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period
of probation and discharge the person so held. [1983 c 156
§ 3; 1969 c 75 § 3.]
3.66.070 Venue—Criminal actions—Temporary
venue. (1) All criminal actions shall be brought in the
district where the alleged violation occurred: PROVIDED,
That (a) the prosecuting attorney may file felony cases in the
district in which the county seat is located, (b) with the
consent of the defendant criminal actions other than those
arising out of violations of city ordinances may be brought
in or transferred to the district in which the county seat is
located, (c) if the alleged violation relates to driving, or
being in actual physical control of, a motor vehicle while
under the influence of intoxicating liquor or any drug and
the alleged violation occurred within a judicial district which
has been designated an enhanced enforcement district under
RCW 2.56.110, the charges may be filed in that district or
in a district within the same county which is adjacent to the
(2002 Ed.)
3.66.067
district in which the alleged violation occurred, and (d) a
district court participating in the program established by the
office of the administrator for the courts pursuant to RCW
2.56.160 shall have jurisdiction to take recognizance,
approve bail, and arraign defendants held within its jurisdiction on warrants issued by any other court of limited
jurisdiction participating in the program.
(2) In the event of an emergency created by act of
nature, civil unrest, technological failure, or other hazardous
condition, temporary venue for court of limited jurisdiction
matters may be had in a court district not impacted by the
emergency. Such emergency venue is appropriate only for
the duration of the emergency.
(3) A criminal action commenced under a local ordinance or state statute is deemed to be properly heard by the
court of original jurisdiction even though the hearing may
take place by video or other electronic means as approved by
the supreme court and the defendant is appearing by an
electronic method from a location outside the court’s
geographic jurisdiction or boundaries. [2002 c 59 § 1; 2001
c 15 § 1; 2000 c 111 § 4; 1991 c 290 § 2; 1984 c 258 § 47;
1983 c 165 § 32; 1961 c 299 § 118.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
3.66.080 Criminal venue corrected. If a criminal
action is commenced in an improper district under RCW
3.66.070, the court may of its own volition or at the request
of either party order the case removed for trial to a proper
district. [1984 c 258 § 48; 1961 c 299 § 119.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.66.090 Change of venue. A change of venue may
be allowed upon motion:
(1) Where there is reason to believe that an impartial
trial cannot be had in the district or municipal court in which
the action was commenced; or
(2) Where the convenience of witnesses or the ends of
justice would be forwarded by the change.
When such change is ordered, it shall be to the district
court of another district in the same county, if any, otherwise
to the district court of an adjacent district in another county:
PROVIDED, That where an affidavit of prejudice is filed
against a judge of a municipal court the cause shall be
transferred to another department of the municipal court, if
one exists, otherwise to a judge pro tempore appointed in the
manner prescribed by law. The court to which a case is
removed on change of venue under this section shall have
the same jurisdiction, either civil or criminal to hear and determine the case as the court from which the case was
removed. [1984 c 258 § 49; 1967 c 241 § 1; 1961 c 299 §
120.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1967 c 241: "The provisions of this 1967 amendatory
act shall apply only to those cities as to which the law requires that the
judge be a qualified attorney." [1967 c 241 § 10.]
[Title 3 RCW—page 23]
3.66.095
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
3.66.095 Removal of certain civil actions to superior
court. See chapter 4.14 RCW.
3.66.100 Territorial jurisdiction—Process—
Limitation. (1) Every district judge having authority to hear
a particular case may issue criminal process in and to any
place in the state.
(2) Every district judge having authority to hear a
particular case may issue civil process, including writs of
execution, attachment, garnishment, and replevin, in and to
any place as permitted by statute or rule. This statute does
not authorize service of process pursuant to RCW 4.28.180
in actions filed pursuant to chapter 12.40 RCW or in civil
infraction matters. [1998 c 73 § 1; 1987 c 442 § 1101; 1984
c 258 § 701; 1961 c 299 § 121.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Issuance of process
infractions generally: RCW 7.80.020.
natural resource infractions: RCW 7.84.120.
traffic infractions: RCW 46.63.130.
3.66.110 Advertising authority to solemnize marriages is breach of judicial ethics. It shall be a breach of
judicial ethics for any judge of any court of limited jurisdiction, as defined in RCW 3.02.010, to advertise in any
manner that he or she is authorized to solemnize marriages.
Any violation of this section shall be grounds for forfeiture
of office. [1983 c 186 § 3; 1961 c 299 § 122.]
3.66.120 Court-ordered restitution—Enforcement.
All court-ordered restitution obligations that are ordered as
a result of a conviction for a criminal offense in a court of
limited jurisdiction may be enforced in the same manner as
a judgment in a civil action by the party or entity to whom
the legal financial obligation is owed. The judgment and
sentence must identify the party or entity to whom restitution
is owed so that the state, party, or entity may enforce the
judgment.
All court-ordered restitution obligations may be enforced
at any time during the ten-year period following the
offender’s release from total confinement or within ten years
of entry of the judgment and sentence, whichever period is
longer. Prior to the expiration of the initial ten-year period,
the court may extend the criminal judgment an additional ten
years for payment of court-ordered restitution only if the
court finds that the offender has not made a good faith
attempt to pay.
The party or entity to whom the court-ordered restitution
obligation is owed may utilize any other remedies available
to the party or entity to collect the court-ordered financial
obligation.
Nothing in this section may be construed to deprive the
court of the authority to determine whether the offender’s
failure to pay the legal financial obligation constitutes a
violation of a condition of probation or to impose a sanction
upon the offender if such a violation is found. [2001 c 115
§ 1.]
3.66.130 Court-ordered restitution—Payment. If
the party or entity for whom a court-ordered restitution
[Title 3 RCW—page 24]
obligation has been entered pursuant to this title seeks to
enforce the judgment as a lien on real estate, he or she shall
commence a lien of judgment upon the real estate of the
judgment debtor/obligor as provided in RCW 4.56.200.
When any court-ordered restitution obligation entered
pursuant to this title is paid or satisfied, the clerk of the
court of limited jurisdiction in which the restitution obligation was ordered shall note upon the record of the court of
limited jurisdiction satisfaction thereof including the date of
the satisfaction. [2001 c 115 § 2.]
Chapter 3.70
MAGISTRATES’ ASSOCIATION
Sections
3.70.010
3.70.020
3.70.030
3.70.040
District and municipal court judges’ association established.
Formalities—Meetings.
Expenses of members.
Duties.
3.70.010 District and municipal court judges’
association established. There is established in the state an
association, to be known as the Washington state district and
municipal court judges’ association, membership in which
shall include all duly elected or appointed and qualified
judges of courts of limited jurisdiction, including but not
limited to district judges and municipal court judges. [1994
c 32 § 3; 1987 c 3 § 2; 1984 c 258 § 50; 1961 c 299 § 123.]
Severability—1987 c 3: See note following RCW 3.46.020.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.70.020 Formalities—Meetings. Members of the
Washington state district and municipal court judges’
association may either amend the present bylaws of the
association, adopt a constitution, or provide for bylaws only,
electing officers as provided therein and doing all things
necessary and proper to formally establish a permanent
Washington state district and municipal court judges’
association. The association may meet each year at a time
established by the association’s governing board. Meetings
shall be held in the state of Washington. [1994 c 32 § 4;
1984 c 258 § 51; 1961 c 299 § 124.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.70.030 Expenses of members. For attendance at
the annual meetings of the association, beginning in 1962
and thereafter, a judge of a court of limited jurisdiction shall
be entitled to receive reimbursement for judge’s reasonable
travel expenses as provided in RCW 43.03.050 and
43.03.060 from the county or city responsible for the
operating cost of the court over which he or she presides
while attending meetings of the association. The per diem
and transportation or mileage allowance authorized by this
section shall not be paid to any judge for more than five
days in any one calendar year. [1984 c 258 § 52; 1961 c
299 § 125.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
(2002 Ed.)
Magistrates’ Association
3.70.040 Duties. The Washington state district and
municipal court judges’ association shall:
(1) Continuously survey and study the operation of the
courts served by its membership, the volume and condition
of business of such courts, the methods of procedure therein,
the work accomplished, and the character of the results;
(2) Promulgate suggested rules for the administration of
the courts of limited jurisdiction not inconsistent with the
law or rules of the supreme court relating to such courts;
(3) Report annually to the supreme court as well as the
governor and the legislature on the condition of business in
the courts of limited jurisdiction, including the association’s
recommendations as to needed changes in the organization,
operation, judicial procedure, and laws or statutes implemented or enforced in these courts. [1994 c 32 § 5; 1984 c
258 § 53; 1980 c 162 § 10; 1961 c 299 § 126.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1980 c 162: See note following RCW 3.02.010.
Chapter 3.72
YOUTH COURT
Sections
3.72.005
3.72.010
3.72.020
3.72.030
3.72.040
3.72.050
Definitions.
Youth court creation—Jurisdiction.
Youth court agreement.
Purpose and limitations of youth courts.
Youth court programs.
Fee.
3.72.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Court" when used without further qualification
means the district court under chapter 3.30 RCW, the
municipal department under chapter 3.46 RCW, or the
municipal court under chapter 3.50 or 35.20 RCW.
(2) "Traffic infraction" means those acts defined as
traffic infractions by RCW 46.63.020.
(3) "Youth court" means an alternative method of
hearing and disposing of traffic infractions for juveniles age
sixteen or seventeen. [2002 c 237 § 1.]
3.72.010 Youth court creation—Jurisdiction. (1) A
court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW
may create a youth court. The youth court shall have
jurisdiction over traffic infractions alleged to have been
committed by juveniles age sixteen or seventeen. The court
may refer a juvenile to the youth court upon request of any
party or upon its own motion. However, a juvenile shall not
be required under this section to have his or her traffic
infraction referred to or disposed of by a youth court.
(2) To be referred to a youth court, a juvenile:
(a) May not have had a prior traffic infraction referred
to a youth court;
(b) May not be under the jurisdiction of any court for a
violation of any provision of Title 46 RCW;
(c) May not have any convictions for a violation of any
provision of Title 46 RCW; and
(2002 Ed.)
3.70.040
(d) Must acknowledge that there is a high likelihood that
he or she would be found to have committed the traffic
infraction. [2002 c 237 § 2.]
3.72.020 Youth court agreement. (1) A youth court
agreement shall be a contract between a juvenile accused of
a traffic infraction and a court whereby the juvenile agrees
to fulfill certain conditions imposed by a youth court in lieu
of a determination that a traffic infraction occurred. Such
agreements may be entered into only after the law enforcement authority has determined that probable cause exists to
believe that a traffic infraction has been committed and that
the juvenile committed it. A youth court agreement shall be
reduced to writing and signed by the court and the youth
accepting the terms of the agreement. Such agreements shall
be entered into as expeditiously as possible.
(2) Conditions imposed on a juvenile by a youth court
shall be limited to one or more of the following:
(a) Community service not to exceed one hundred fifty
hours, not to be performed during school hours if the
juvenile is attending school;
(b) Attendance at defensive driving school or driver
improvement education classes or, in the discretion of the
court, a like means of fulfilling this condition. The state
shall not be liable for costs resulting from the youth court or
the conditions imposed upon the juvenile by the youth court;
(c) A monetary penalty, not to exceed one hundred
dollars. All monetary penalties assessed and collected under
this section shall be deposited and distributed in the same
manner as costs, fines, forfeitures, and penalties are assessed
and collected under RCW 2.68.040, 3.46.120, 3.50.100,
3.62.020, 3.62.040, 35.20.220, and *46.63.110(6), regardless
of the juvenile’s successful or unsuccessful completion of the
youth court agreement;
(d) Requirements to remain during specified hours at
home, school, or work, and restrictions on leaving or
entering specified geographical areas;
(e) Participating in law-related education classes;
(f) Providing periodic reports to the youth court or the
court;
(g) Participating in mentoring programs;
(h) Serving as a participant in future youth court
proceedings;
(i) Writing apology letters; or
(j) Writing essays.
(3) Youth courts may require that the youth pay any
costs associated with conditions imposed upon the youth by
the youth court.
(a) A youth court disposition shall be completed within
one hundred eighty days from the date of referral.
(b) The court, as specified in RCW 3.72.010, shall
monitor the successful or unsuccessful completion of the
disposition.
(4) A youth court agreement may extend beyond the
eighteenth birthday of the youth.
(5) Any juvenile who is, or may be, referred to a youth
court shall be afforded due process in all contacts with the
youth court regardless of whether the juvenile is accepted by
the youth court or whether the youth court program is
successfully completed. Such due process shall include, but
not be limited to, the following:
[Title 3 RCW—page 25]
3.72.020
Title 3 RCW: District Courts—Courts of Limited Jurisdiction
(a) A written agreement shall be executed stating all
conditions in clearly understandable language and the action
that will be taken by the court upon successful or unsuccessful completion of the agreement;
(b) Violation of the terms of the agreement shall be the
only grounds for termination.
(6) The youth court shall, subject to available funds, be
responsible for providing interpreters when juveniles need
interpreters to effectively communicate during youth court
hearings or negotiations.
(7) The court shall be responsible for advising a juvenile
of his or her rights as provided in this chapter.
(8) When a juvenile enters into a youth court agreement,
the court may receive only the following information for
dispositional purposes:
(a) The fact that a traffic infraction was alleged to have
been committed;
(b) The fact that a youth court agreement was entered
into;
(c) The juvenile’s obligations under such agreement;
(d) Whether the juvenile performed his or her obligations under such agreement; and
(e) The facts of the alleged traffic infraction.
(9) A court may refuse to enter into a youth court
agreement with a juvenile. When a court refuses to enter a
youth court agreement with a juvenile, it shall set the matter
for hearing in accordance with all applicable court rules and
statutory provisions governing the hearing and disposition of
traffic infractions.
(10) If a monetary penalty required by a youth court
agreement cannot reasonably be paid due to a lack of
financial resources of the youth, the court may convert any
or all of the monetary penalty into community service. The
modification of the youth court agreement shall be in writing
and signed by the juvenile and the court. The number of
hours of community service in lieu of a monetary penalty
shall be converted at the rate of the prevailing state minimum wage per hour. [2002 c 237 § 3.]
*Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (6) to subsection (7).
3.72.030 Purpose and limitations of youth courts.
Youth courts provide a disposition method for cases involving juveniles alleged to have committed traffic infractions,
in which participants, under the supervision of the court,
may serve in various capacities within the youth court, acting
in the role of jurors, lawyers, bailiffs, clerks, and judges.
Youth courts have no jurisdiction except as provided for in
this chapter. Youth courts are not courts established under
Article IV of the state Constitution. [2002 c 237 § 4.]
3.72.040 Youth court programs. The *administrative
office of the courts shall encourage the courts to work with
cities, counties, and schools to implement, expand, or use
youth court programs for juveniles who commit traffic
infractions. Program operations of youth court programs
may be funded by government and private grants. Youth
court programs are limited to those that:
(1) Are developed using the guidelines for creating and
operating youth court programs developed by nationally
recognized experts in youth court projects;
[Title 3 RCW—page 26]
(2) Target youth ages sixteen and seventeen who are
alleged to have committed a traffic infraction; and
(3) Emphasize the following principles:
(a) Youth must be held accountable for their problem
behavior;
(b) Youth must be educated about the impact their
actions have on themselves and others including their
victims, their families, and their community;
(c) Youth must develop skills to resolve problems with
their peers more effectively; and
(d) Youth should be provided a meaningful forum to
practice and enhance newly developed skills. [2002 c 237
§ 5.]
*Reviser’s note: The "administrative office of the courts" does not
exist. The "office of the administrator for the courts" was apparently
intended.
3.72.050 Fee. A court may require that a youth pay
a nonrefundable fee, not exceeding thirty dollars, to cover
the costs of administering the program. The fee may be
reduced or waived for a participant. Fees shall be paid to
and accounted for by the court. The fees collected under
this section shall not constitute "certain costs" as defined in
RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and
35.20.220(2). [2002 c 237 § 6.]
Chapter 3.74
MISCELLANEOUS
Sections
3.74.010
3.74.020
3.74.030
3.74.900
3.74.930
3.74.931
3.74.932
3.74.940
District judges to be members of state retirement system.
Full time district judges ineligible for any other office or
public employment than judicial.
Mandatory retirement for district judges.
Transfer of proceedings—1961 c 299.
Severability—1961 c 299.
Severability—1965 ex.s. c 110.
Severability—1967 c 241.
Validation—1991 c 363; 1965 ex.s. c 110.
3.74.010 District judges to be members of state
retirement system. All district judges under chapters 3.30
through 3.74 RCW shall remain members of the state
retirement system. [1984 c 258 § 54; 1961 c 299 § 130.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.74.020 Full time district judges ineligible for any
other office or public employment than judicial. The full
time judges of the district court shall be ineligible to any
other office, or public employment than a judicial office or
employment during the term for which they shall have been
elected. [1984 c 258 § 55; 1961 c 299 § 131.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.74.030 Mandatory retirement for district judges.
A district judge shall retire from judicial office at the end of
the calendar year in which he or she has attained the age of
seventy-five years. This provision shall not affect the term
to which any such judge shall have been elected or appoint(2002 Ed.)
Miscellaneous
3.74.030
ed prior to August 11, 1969. [1984 c 258 § 56; 1969 ex.s.
c 6 § 1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
3.74.900 Transfer of proceedings—1961 c 299. All
cases, proceedings and matters pending before justice courts,
police courts, municipal courts and night courts shall be
transferred to the appropriate court established by chapters
3.30 through 3.74 RCW, together with all files, records and
proceedings relating to such cases. Chapters 3.30 through
3.74 RCW shall not affect any appeal from any municipal
court, police court, justice court or night court, but such
appeal shall be conducted and concluded as if chapters 3.30
through 3.74 RCW had not been enacted, except that if remanded from the superior court the superseding court shall
have the authority and power to forfeit bail or bond or
impose sentence thereon. [1961 c 299 § 127.]
3.74.930 Severability—1961 c 299. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1961 c 299 § 132.]
3.74.931 Severability—1965 ex.s. c 110. If any
provision or clause of this act or application thereof to any
person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared
to be severable. [1965 ex.s. c 110 § 8.]
3.74.932 Severability—1967 c 241. If any provision
of this 1967 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of this 1967
amendatory act, or the application of the provision to other
persons or circumstances is not affected. [1967 c 241 § 11.]
3.74.940 Validation—1991 c 363; 1965 ex.s. c 110.
Any prior action by the legislative authority of any county
with a population of less than two hundred ten thousand to
make the provisions of chapters 3.30 through 3.74 RCW
applicable to their county and the organization of any justice
court as a result thereof, and all other things and proceedings
done or taken by such county or by their respective officers
acting under or in pursuance to such prior action and
organization are hereby declared legal and valid and of full
force and effect. [1991 c 363 § 6; 1965 ex.s. c 110 § 4.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2002 Ed.)
[Title 3 RCW—page 27]
Title 4
CIVIL PROCEDURE
Chapters
4.04
4.08
4.12
4.14
4.16
4.18
4.20
4.22
4.24
4.28
4.32
4.36
4.40
4.44
4.48
4.52
4.56
4.60
4.64
4.68
4.72
4.76
4.80
4.84
4.88
4.92
4.96
Rule of decision—Form of actions.
Parties to actions.
Venue—Jurisdiction.
Removal of certain actions to superior
court.
Limitation of actions.
Uniform conflict of laws—Limitations act.
Survival of actions.
Contributory fault—Effect—Imputation—
Contribution—Settlement agreements.
Special rights of action and special immunities.
Commencement of actions.
Pleadings.
General rules of pleading.
Issues.
Trial.
Trial before referee.
Agreed cases.
Judgments—Generally.
Judgment by confession.
Entry of judgments.
Procedure to bind joint debtor.
Vacation and modification of judgments.
New trials.
Exceptions.
Costs.
Appeals.
Actions and claims against state.
Actions against political subdivisions, municipal and quasi-municipal corporations.
Arbitration of civil actions: Chapter 7.06 RCW.
Bonds, judicial
attachment: Chapter 6.25 RCW.
bail and appearance: Chapter 10.19 RCW.
civil actions, court to fix amount: RCW 4.44.470.
civil appeals from district courts: Chapter 12.36 RCW.
contempt: Chapter 7.21 RCW.
costs, security: RCW 4.84.210 through 4.84.240.
creditors, assignment for benefit: RCW 7.08.050.
criminal appeals from district courts: Chapter 10.10 RCW.
criminal appeals to supreme court: Chapter 10.73 RCW.
executions, levy on joint personalty: RCW 6.17.180, 6.17.190.
extradition: Chapter 10.88 RCW.
garnishment: Chapter 6.27 RCW.
guardians: Chapters 11.88, 11.92 RCW.
injunction: Chapter 7.40 RCW.
judgments, sentences, good behavior, maintain peace: RCW 10.64.070.
municipal courts: Chapter 35.20 RCW.
ne exeat: Chapter 7.44 RCW.
nuisance, stay of warrant: RCW 7.48.040.
preliminary hearings: Chapter 10.16 RCW.
public officers, official bonds: Chapter 42.08 RCW.
replevin: Chapter 7.64 RCW.
replevin, district courts: Chapter 12.28 RCW.
suretyship, generally: Chapters 19.72, 48.28 RCW.
(2002 Ed.)
Chattel mortgages, foreclosure: Article 62A.9A RCW.
Claims against
cities and towns: Chapters 35.31, 35A.31 RCW.
counties: Chapter 36.45 RCW.
Claims, reports, etc., filing and receipt: RCW 1.12.070.
Federal court local law certificate procedure act: Chapter 2.60 RCW.
Foreign corporations, nonadmitted—Actions against: Chapter 23B.18
RCW.
Immunity from implied warranties and civil liability relating to blood,
plasma, and blood derivatives—Scope—Effective date: RCW
70.54.120.
Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.
Industrial insurance, procedure: Title 51 RCW.
Justice without unnecessary delay: State Constitution Art. 1 § 10.
Liens, foreclosure: Title 60 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Real estate mortgages, foreclosure: Chapter 61.12 RCW.
Redress of injuries to property under code of military justice: RCW
38.38.856.
Tax refunds: Chapter 84.69 RCW.
Chapter 4.04
RULE OF DECISION—FORM OF ACTIONS
Sections
4.04.010
Extent to which common law prevails.
General definitions: Chapter 1.16 RCW.
Rules of construction: Chapter 1.12 RCW.
4.04.010 Extent to which common law prevails.
The common law, so far as it is not inconsistent with the
Constitution and laws of the United States, or of the state of
Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in
all the courts of this state. [1891 c 17 § 1; Code 1881 § 1;
1877 p 3 § 1; 1862 p 83 § 1; RRS § 143. Formerly RCW
1.12.030.]
Chapter 4.08
PARTIES TO ACTIONS
Sections
4.08.030
4.08.040
4.08.050
4.08.060
4.08.080
4.08.100
4.08.110
4.08.120
4.08.140
4.08.150
4.08.160
Either husband or wife may sue for community—Necessary
parties.
When husband and wife may join, defend.
Guardian ad litem for infant.
Guardian ad litem for incapacitated person.
Action on assigned choses in action.
Action to recover purchase money on land—Final judgment.
Action by public corporations.
Action against public corporations.
New party entitled to service of summons.
Substitution and interpleader.
Action to determine conflicting claims to property.
[Title 4 RCW—page 1]
Chapter 4.08
Title 4 RCW: Civil Procedure
4.08.170
Action to determine conflicting claims to property—
Disclaimer and deposit in court.
4.08.180
Action to determine conflicting claims to property—Trial of
issue.
Persons licensed to provide health care or related services, employees,
hospitals, clinics, etc.—Professional review committee, society,
examining or disciplinary board members, etc.—Immunity from civil
suit arising from duties: RCW 4.24.240.
4.08.030 Either husband or wife may sue for
community—Necessary parties. Either husband or wife
may sue on behalf of the community: PROVIDED, That
(1) When the action is for personal injuries, the spouse
having sustained personal injuries is a necessary party;
(2) When the action is for compensation for services
rendered, the spouse having rendered the services is a
necessary party. [1972 ex.s. c 108 § 1; Code 1881 § 6;
1877 p 4 § 6; 1875 p 4 § 2; 1869 p 4 § 6; 1854 p 131 § 5;
RRS § 181.]
4.08.040 When husband and wife may join, defend.
Husband and wife may join in all causes of action arising
from injuries to the person or character of either or both of
them, or from injuries to the property of either or both of
them, or arising out of any contract in favor of either or both
of them.
If a husband and wife be sued together, either or both
spouses may defend, and if one spouse neglects to defend,
the other spouse may defend for the nonacting spouse also.
And each spouse may defend in all cases in which he or she
is interested, whether that spouse is sued with the other
spouse or not. [1972 ex.s. c 108 § 2; Code 1881 § 7; 1877
p 4 § 7; 1875 p 4 § 3; 1854 p 219 § 492; RRS § 182.]
4.08.050 Guardian ad litem for infant. Except as
provided under RCW 26.50.020 and 28A.225.035, when an
infant is a party he or she shall appear by guardian, or if he
or she has no guardian, or in the opinion of the court the
guardian is an improper person, the court shall appoint one
to act. Said guardian shall be appointed as follows:
(1) When the infant is plaintiff, upon the application of
the infant, if he or she be of the age of fourteen years, or if
under that age, upon the application of a relative or friend of
the infant.
(2) When the infant is defendant, upon the application
of the infant, if he or she be of the age of fourteen years,
and applies within thirty days after the service of the
summons; if he or she be under the age of fourteen, or
neglects to apply, then upon the application of any other
party to the action, or of a relative or friend of the infant.
[1996 c 134 § 7; 1992 c 111 § 9; 1891 c 30 § 1; Code 1881
§ 12; 1854 p 132 §§ 6, 7; RRS § 187.]
Severability—1992 c 111: See RCW 26.50.903.
Findings—1992 c 111: See note following RCW 26.50.030.
4.08.060 Guardian ad litem for incapacitated
person. When an incapacitated person is a party to an
action in the superior courts he or she shall appear by
guardian, or if he or she has no guardian, or in the opinion
of the court the guardian is an improper person, the court
shall appoint one to act as guardian ad litem. Said guardian
shall be appointed as follows:
[Title 4 RCW—page 2]
(1) When the incapacitated person is plaintiff, upon the
application of a relative or friend of the incapacitated person.
(2) When the incapacitated person is defendant, upon
the application of a relative or friend of such incapacitated
person, such application shall be made within thirty days
after the service of summons if served in the state of
Washington, and if served out of the state or service is made
by publication, then such application shall be made within
sixty days after the first publication of summons or within
sixty days after the service out of the state. If no such
application be made within the time above limited, application may be made by any party to the action. [1996 c 249
§ 5; 1899 c 91 § 1; RRS § 188.]
Intent—1996 c 249: See note following RCW 2.56.030.
4.08.080 Action on assigned choses in action. Any
assignee or assignees of any judgment, bond, specialty, book
account, or other chose in action, for the payment of money,
by assignment in writing, signed by the person authorized to
make the same, may, by virtue of such assignment, sue and
maintain an action or actions in his or her name, against the
obligor or obligors, debtor or debtors, named in such
judgment, bond, specialty, book account, or other chose in
action, notwithstanding the assignor may have an interest in
the thing assigned: PROVIDED, That any debtor may plead
in defense as many defenses, counterclaims and offsets,
whether they be such as have heretofore been denominated
legal or equitable, or both, if held by him against the original
owner, against the debt assigned, save that no counterclaim
or offset shall be pleaded against negotiable paper assigned
before due, and where the holder thereof has purchased the
same in good faith and for value, and is the owner of all
interest therein. [1927 c 87 § 1; 1891 c 30 § 2; Code 1881
§ 15; 1879 p 122 § 1; 1854 p 131 § 3; RRS § 191.]
4.08.100 Action to recover purchase money on
land—Final judgment. In any action brought for the
recovery of the purchase money against any person holding
a contract for the purchase of lands, the party bound to
perform the contract, if not the plaintiff, may be made a
party, and the court in a final judgment may order the
interest of purchaser to be sold or transferred to the plaintiff
upon such terms as may be just, and may also order a
specific performance of the contract in favor of the complainant, or the purchaser, in case a sale be ordered. [Code
1881 § 19; 1877 p 6 § 19; 1854 p 219 § 490; RRS § 195.]
4.08.110 Action by public corporations. An action
at law may be maintained by any county, incorporated town,
school district or other public corporation of like character,
in its corporate name, and upon a cause of action accruing
to it, in its corporate character and not otherwise, in any of
the following cases:
(1) Upon a contract made with such public corporation;
(2) Upon a liability prescribed by law in favor of such
public corporation;
(3) To recover a penalty or forfeiture given to such
public corporation;
(4) To recover damages for an injury to the corporate
rights or property of such public corporation. [1953 c 118
(2002 Ed.)
Parties to Actions
§ 1. Prior: Code 1881 § 661; 1869 p 154 § 601; RRS §
950.]
4.08.120 Action against public corporations. An
action may be maintained against a county or other of the
public corporations mentioned or described in RCW
4.08.110, either upon a contract made by such county, or
other public corporation in its corporate character and within
the scope of its authority, or for an injury to the rights of the
plaintiff arising from some act or omission of such county or
other public corporation. [1953 c 118 § 2. Prior: Code
1881 § 662; 1869 p 154 § 602; RRS § 951.]
4.08.140 New party entitled to service of summons.
When a new party is introduced into an action as a representative or successor of a former party, such new party is
entitled to the same summons to be served in the same
manner as required for defendants in the commencement of
an action. [1957 c 7 § 1. Prior: Code 1881 §§ 21, 742;
1877 pp 6 and 151 §§ 21, 747; 1873 pp 7 and 176 §§ 21,
682; 1869 pp 6 and 172 §§ 21, 684; 1863 p 194 § 524; 1860
p 99 § 477; 1854 p 219 § 485; RRS § 197.]
Rules of court: Cf. CR 3; CR 5.
4.08.150 Substitution and interpleader. A defendant
against whom an action is pending upon a contract, or for
specific real or personal property, at any time before answer,
upon affidavit that a person not a party to the action, and
without collusion with him, makes against him a demand for
the same debt or property, upon due notice to such person
and the adverse party, may apply to the court for an order to
substitute such person in his place, and discharge him from
liability to either party on his depositing in court the amount
of the debt, or delivering the property or its value to such
person as the court may direct; and the court may make the
order. [Code 1881 § 22; 1877 p 6 § 22; 1869 p 7 § 22;
1854 p 132 § 12; RRS § 198.]
Rules of court: Interpleader—CR 22; Substitution—CR 25.
4.08.160 Action to determine conflicting claims to
property. Anyone having in his possession, or under his
control, any property or money, or being indebted, where
more than one person claims to be the owner of, entitled to,
interested in, or to have a lien on, such property, money or
indebtedness, or any part thereof, may commence an action
in the superior court against all or any of such persons, and
have their rights, claims, interest or liens adjudged, determined and adjusted in such action. [1890 p 93 § 1; RRS §
199.]
4.08.170 Action to determine conflicting claims to
property—Disclaimer and deposit in court. In any action
commenced under RCW 4.08.160, the plaintiff may disclaim
any interest in the money, property or indebtedness, and deposit with the clerk of the court the full amount of such
money or indebtedness, or other property, and he shall not
be liable for any costs accruing in said action. And the
clerks of the various courts shall receive and file such complaint, and all other officers shall execute the necessary processes to carry out the purposes of this section, and RCW
(2002 Ed.)
4.08.110
4.08.160 and 4.08.180, free from all charge to said plaintiff,
and the court, in its discretion, shall determine the liability
for costs of the action. [1890 p 93 § 2; RRS § 200.]
4.08.180 Action to determine conflicting claims to
property—Trial of issue. Either of the defendants may set
up or show any claim or lien he may have to such property,
money or indebtedness, or any part thereof, and the superior
right, title or lien, whether legal or equitable, shall prevail.
The court or judge thereof may make all necessary
orders, during the pendency of said action, for the preservation and protection of the rights, interests or liens of the
several parties. [1890 p 94 § 3; RRS § 201.]
Chapter 4.12
VENUE—JURISDICTION
Sections
4.12.010
4.12.020
4.12.025
Actions to be commenced where subject is situated.
Actions to be tried in county where cause arose.
Action to be brought where defendant resides—Optional
venue of actions upon unlawful issuance of check or
draft—Residence of corporations—Optional venue of
actions against corporations.
4.12.030
Grounds authorizing change of venue.
4.12.040
Prejudice of judge, transfer to another department, visiting
judge—Change of venue generally, criminal cases.
4.12.050
Affidavit of prejudice.
4.12.060
To what county venue may be changed—Limitation on
number of changes.
4.12.070
Change to newly created county.
4.12.080
Change by stipulation.
4.12.090
Transmission of record on change of venue—Costs,
attorney’s fee.
4.12.100
Transcript of record entries.
4.12.110
Effect of neglect of moving party.
4.12.120
Change deemed complete, when.
Rules of court: Venue—CR 82.
Actions against nonresident motorist: RCW 46.64.040.
4.12.010 Actions to be commenced where subject is
situated. Actions for the following causes shall be commenced in the county in which the subject of the action, or
some part thereof, is situated:
(1) For the recovery of, for the possession of, for the
partition of, for the foreclosure of a mortgage on, or for the
determination of all questions affecting the title, or for any
injuries to real property.
(2) All questions involving the rights to the possession
or title to any specific article of personal property, in which
last mentioned class of cases, damages may also be awarded
for the detention and for injury to such personal property.
[Code 1881 § 47; 1877 p 11 § 48; 1869 p 12 § 48; 1860 p
7 § 15; 1854 p 133 § 13; RRS § 204.]
4.12.020 Actions to be tried in county where cause
arose. Actions for the following causes shall be tried in the
county where the cause, or some part thereof, arose:
(1) For the recovery of a penalty or forfeiture imposed
by statute;
(2) Against a public officer, or person specially appointed to execute his or her duties, for an act done by him or her
in virtue of his or her office, or against a person who, by his
[Title 4 RCW—page 3]
4.12.020
Title 4 RCW: Civil Procedure
or her command or in his or her aid, shall do anything
touching the duties of such officer;
(3) For the recovery of damages for injuries to the
person or for injury to personal property, the plaintiff shall
have the option of suing either in the county in which the
cause of action or some part thereof arose, or in the county
in which the defendant resides, or if there be more than one
defendant, where some one of the defendants resides, at the
time of the commencement of the action. [2001 c 45 § 2;
1941 c 81 § 1; Code 1881 § 48; 1877 p 11 § 49; 1869 p 12
§ 49; 1860 p 7 § 16; 1854 p 133 § 14; Rem. Supp. 1941 §
205.]
4.12.025 Action to be brought where defendant
resides—Optional venue of actions upon unlawful
issuance of check or draft—Residence of corporations—
Optional venue of actions against corporations. (1) An
action may be brought in any county in which the defendant
resides, or, if there be more than one defendant, where some
one of the defendants resides at the time of the commencement of the action. For the purpose of this section, the
residence of a corporation defendant shall be deemed to be
in any county where the corporation: (a) Transacts business;
(b) has an office for the transaction of business; (c) transacted business at the time the cause of action arose; or (d)
where any person resides upon whom process may be served
upon the corporation.
(2) An action upon the unlawful issuance of a check or
draft may be brought in any county in which the defendant
resides or may be brought in any division of the judicial
district in which the check was issued or presented as
payment.
(3) The venue of any action brought against a corporation, at the option of the plaintiff, shall be: (a) In the county
where the tort was committed; (b) in the county where the
work was performed for said corporation; (c) in the county
where the agreement entered into with the corporation was
made; or (d) in the county where the corporation has its
residence. [1998 c 56 § 1; 1985 c 68 § 2; 1983 c 31 § 1;
1965 c 53 § 168; 1927 c 173 § 1; RRS § 205-1. Prior:
1909 c 42 § 1; Code 1881 § 49; 1877 p 11 § 50; 1869 p 13
§ 50; 1860 p 101 § 488; 1854 p 220 § 494.]
4.12.030 Grounds authorizing change of venue. The
court may, on motion, in the following cases, change the
place of trial when it appears by affidavit, or other satisfactory proof:
(1) That the county designated in the complaint is not
the proper county; or,
(2) That there is reason to believe that an impartial trial
cannot be had therein; or,
(3) That the convenience of witnesses or the ends of
justice would be forwarded by the change; or,
(4) That from any cause the judge is disqualified; which
disqualification exists in either of the following cases: In an
action or proceeding to which he is a party, or in which he
is interested; when he is related to either party by consanguinity or affinity, within the third degree; when he has been
of counsel for either party in the action or proceeding.
[Code 1881 § 51; 1877 p 12 § 52; 1875 p 6 § 8; 1869 p 13
§ 52; 1854 p 134 § 16; RRS § 209.]
[Title 4 RCW—page 4]
4.12.040 Prejudice of judge, transfer to another
department, visiting judge—Change of venue generally,
criminal cases. (1) No judge of a superior court of the state
of Washington shall sit to hear or try any action or proceeding when it shall be established as hereinafter provided that
said judge is prejudiced against any party or attorney, or the
interest of any party or attorney appearing in such cause. In
such case the presiding judge in judicial districts where there
is more than one judge shall forthwith transfer the action to
another department of the same court, or call in a judge from
some other court. In all judicial districts where there is only
one judge, a certified copy of the motion and affidavit filed
in the cause shall be transmitted by the clerk of the superior
court to the clerk of the superior court designated by the
chief justice of the supreme court. Upon receipt the clerk of
said superior court shall transmit the forwarded affidavit to
the presiding judge who shall direct a visiting judge to hear
and try such action as soon as convenient and practical.
(2) The presiding judge in judicial districts where there
is more than one judge, or the presiding judge of judicial
districts where there is only one judge, may send a case for
trial to another court if the convenience of witnesses or the
ends of justice will not be interfered with by such a course
and the action is of such a character that a change of venue
may be ordered: PROVIDED, That in criminal prosecutions
the case shall not be sent for trial to any court outside the
county unless the accused shall waive his right to a trial by
a jury of the county in which the offense is alleged to have
been committed. [1989 c 15 § 1; 1961 c 303 § 1; 1927 c
145 § 1; 1911 c 121 § 1; RRS § 209-1.]
Criminal proceedings, venue and jurisdiction: Chapter 10.25 RCW.
4.12.050 Affidavit of prejudice. Any party to or any
attorney appearing in any action or proceeding in a superior
court, may establish such prejudice by motion, supported by
affidavit that the judge before whom the action is pending is
prejudiced against such party or attorney, so that such party
or attorney cannot, or believes that he cannot, have a fair
and impartial trial before such judge: PROVIDED, That
such motion and affidavit is filed and called to the attention
of the judge before he shall have made any ruling whatsoever in the case, either on the motion of the party making the
affidavit, or on the motion of any other party to the action,
of the hearing of which the party making the affidavit has
been given notice, and before the judge presiding has made
any order or ruling involving discretion, but the arrangement
of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the accused
in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the
meaning of this proviso; and in any event, in counties where
there is but one resident judge, such motion and affidavit
shall be filed not later than the day on which the case is
called to be set for trial: AND PROVIDED FURTHER,
That notwithstanding the filing of such motion and affidavit,
if the parties shall, by stipulation in writing agree, such
judge may hear argument and rule upon any preliminary motions, demurrers, or other matter thereafter presented: AND
PROVIDED FURTHER, That no party or attorney shall be
permitted to make more than one such application in any
action or proceeding under this section and RCW 4.12.040.
(2002 Ed.)
Venue—Jurisdiction
[1941 c 148 § 1; 1927 c 145 § 2; 1911 c 121 § 2; Rem.
Supp. 1941 § 209-2.]
Rules of court: Demurrers abolished—CR 7(c).
4.12.060 To what county venue may be changed—
Limitation on number of changes. If the motion for a
change of the place of trial be allowed, the change shall be
made to the county where the action ought to have been
commenced, if it be for the cause mentioned in RCW
4.12.030(1), and in other cases to the most convenient
county where the cause alleged does not exist. Neither party
shall be entitled to more than one change of the place of
trial, except for causes not in existence when the first change
was allowed. [Code 1881 § 52; 1877 p 12 § 53; 1869 p 14
§ 53; RRS § 210.]
4.12.070 Change to newly created county. Any
party in a civil action pending in the superior court in a
county out of whose limits a new county, in whole or in
part, has been created, may file with the clerk of such
superior court an affidavit setting forth that he is a resident
of such newly created county, and that the venue of such
action is transitory, or that the venue of such action is local,
and that it ought properly to be tried in such newly created
county; and thereupon the clerk shall make out a transcript
of the proceedings already had in such action in such
superior court, and certify it under the seal of the court, and
transmit such transcript, together with the papers on file in
his office connected with such action, to the clerk of the
superior court of such newly created county, wherein it shall
be proceeded with as in other cases. [1891 c 33 § 2; Code
1881 § 53; 1877 p 12 § 54; 1869 p 14 § 54; 1854 p 377 §
2; RRS § 211.]
4.12.080 Change by stipulation. Notwithstanding the
provisions of RCW 4.12.030 all the parties to the action by
stipulation in writing or by consent in open court entered in
the records may agree that the place of trial be changed to
any county of the state, and thereupon the court must order
the change agreed upon. [Code 1881 § 55; 1877 p 13 § 56;
RRS § 216.]
4.12.090 Transmission of record on change of
venue—Costs, attorney’s fee. (1) When an order is made
transferring an action or proceeding for trial, the clerk of the
court must transmit the pleadings and papers therein to the
court to which it is transferred. The costs and fees thereof
and of filing the papers anew must be paid by the party at
whose instance the order was made, except in the cases
mentioned in RCW 4.12.030(1), in which case the plaintiff
shall pay costs of transfer and, in addition thereto, if the
court finds that the plaintiff could have determined the
county of proper venue with reasonable diligence, it shall
order the plaintiff to pay the reasonable attorney’s fee of the
defendant for the changing of venue to the proper county.
The court to which an action or proceeding is transferred has
and exercises over the same the like jurisdiction as if it had
been originally commenced therein.
(2) In acting on any motion for dismissal without
prejudice in a case where a motion for change of venue
under subsection (1) of this section has been made, the court
(2002 Ed.)
4.12.050
shall, if it determines the motion for change of venue proper,
determine the amount of attorney’s fee properly to be
awarded to defendant and, if the action be dismissed, the
attorney’s fee shall be a setoff against any claim subsequently brought on the same cause of action. [1969 ex.s. c
144 § 1; Code 1881 § 54; 1877 p 12 § 55; 1875 p 7 § 10;
1869 p 14 §§ 55, 56; RRS § 215.]
4.12.100 Transcript of record entries. The clerk of
the court must also transmit with the original papers where
an order is made changing the place of trial, a certified
transcript of all record entries up to and including the order
for such change. [Code 1881 § 58; 1877 p 13 § 59; RRS §
219.]
4.12.110 Effect of neglect of moving party. If such
papers be not transmitted to the clerk of the proper court
within the time prescribed in the order allowing the change,
and the delay be caused by the act or omission of the party
procuring the change, the adverse party, on motion to the
court or judge thereof, may have the order vacated, and
thereafter no other change of the place of trial shall be
allowed to such party. [Code 1881 § 56; 1877 p 13 § 57;
1869 p 15 § 57; 1854 p 135 § 21; RRS § 217.]
4.12.120 Change deemed complete, when. Upon the
filing of the papers with the clerk of the court to which the
cause is transferred, the change of venue shall be deemed
complete, and thereafter the action shall proceed as though
it had been commenced in that court. [Code 1881 § 57;
1877 p 13 § 58; 1869 p 15 § 58; 1854 p 135 § 22; RRS §
218.]
Chapter 4.14
REMOVAL OF CERTAIN ACTIONS
TO SUPERIOR COURT
Sections
4.14.010
4.14.020
4.14.030
4.14.040
Removal of certain actions from justice court to superior
court authorized—Grounds—Joint claims or actions—
Exceptions.
Petition for removal—Contents—Filing—Notice.
Orders and process upon removal—Remand of cases improvidently removed.
Attached property—Custody.
4.14.010 Removal of certain actions from justice
court to superior court authorized—Grounds—Joint
claims or actions—Exceptions. Whenever the removal of
such action to superior court is required in order to acquire
jurisdiction over a third party defendant, who is or may be
liable to the defendant for all or part of the judgment and
resides outside the county wherein the action was commenced, any civil action which could have been brought in
superior court may, if commenced in district court, be
removed by the defendant or defendants to the superior court
for the county where such action is pending if the district
court determines that there are reasonable grounds to believe
that a third party may be liable to the plaintiff and issues an
order so stating.
[Title 4 RCW—page 5]
4.14.010
Title 4 RCW: Civil Procedure
Whenever a separate or independent claim or cause of
action which would be removable if sued upon alone is
joined with one or more otherwise nonremovable claims or
causes of action, the entire case may be removed and the
superior court may determine all issues therein, or, in its
discretion, may remand all matters not otherwise within its
original jurisdiction.
This section does not apply to cases originally filed in
the small claims department of a district court, or transferred
to the small claims department pursuant to RCW 12.40.025,
except as set forth in RCW 12.40.027. [1997 c 352 § 6;
1967 ex.s. c 46 § 4.]
4.14.020 Petition for removal—Contents—Filing—
Notice. (1) A defendant or defendants desiring to remove
any civil action from a justice court as authorized by RCW
4.14.010 shall file in the superior court in the county where
such action is pending, a verified petition containing a short
and plain statement of the facts which entitle him or them to
removal together with a copy of all process, pleadings and
orders served upon him or them in such action.
(2) The petition for removal of a civil action or proceeding shall be filed within twenty days after the receipt by the
defendant, through service or otherwise, of a copy of the
initial pleading setting forth the claim for relief upon which
such action or proceeding is based.
If the case stated by the initial pleading is not removable, a petition for removal may be filed within twenty days
after receipt by the defendant, through service or otherwise,
of a copy of an amended pleading, motion, order or other
paper, including the defendant’s answer, from which it may
first be ascertained that the case is or has become removable.
(3) Promptly after the filing of such petition the defendant or defendants shall give written notice thereof to all
adverse parties and shall file a copy of the petition with the
justice court, which shall effect the removal and the justice
court shall proceed no further unless and until the case is
remanded. [1967 ex.s. c 46 § 5.]
4.14.030 Orders and process upon removal—
Remand of cases improvidently removed. In any case
removed from justice court under the provisions of this
chapter, the superior court may issue all necessary orders
and process to bring before it all proper parties whether
served by process issued by the justice court or otherwise.
If at any time before final judgment it appears that the
case was removed improvidently and without jurisdiction, the
superior court shall remand the case, and may order the
payment of just costs. A certified copy of the order of
remand shall be mailed by the clerk of the superior court to
the justice court. The justice court may thereupon proceed
with such case. [1967 ex.s. c 46 § 6.]
4.14.040 Attached property—Custody. Whenever
any action is removed from a justice court to a superior
court under the provisions of this chapter, any attachment or
sequestration of the property of the defendant in such action
in the justice court shall remain in the custody of the sheriff
to answer the final judgment or decree in the same manner
as would have been held to answer had the cause been
[Title 4 RCW—page 6]
brought in the superior court originally. [1967 ex.s. c 46 §
7.]
Chapter 4.16
LIMITATION OF ACTIONS
Sections
4.16.005
4.16.020
4.16.030
4.16.040
4.16.050
4.16.060
4.16.070
4.16.080
4.16.085
4.16.090
4.16.100
4.16.110
4.16.112
4.16.115
4.16.130
4.16.150
4.16.160
Commencement of actions.
Actions to be commenced within ten years—Exception.
Actions to foreclose special assessments.
Actions limited to six years.
Action on irrigation or drainage district warrant.
Action on irrigation district bonds.
Actions limited to five years.
Actions limited to three years.
Actions based on product defects, etc.
Action to cancel tax deed.
Actions limited to two years.
Actions limited to one year.
Actions for contribution between joint tort feasors.
Special provisions for action on penalty.
Action for relief not otherwise provided for.
Action on mutual open accounts.
Application of limitations to actions by state, counties, municipalities.
4.16.170
Tolling of statute—Actions, when deemed commenced or
not commenced.
4.16.180
Statute tolled by absence from state, concealment, etc.
4.16.190
Statute tolled by personal disability.
4.16.200
Statute tolled by death.
4.16.210
Statute tolled—By war as to enemy alien.
4.16.220
Statute tolled—As to person in military service of United
States.
4.16.230
Statute tolled by judicial proceedings.
4.16.240
Effect of reversal of judgment on appeal.
4.16.250
Disability must exist when right of action accrued.
4.16.260
Coexisting disabilities.
4.16.270
Effect of partial payment.
4.16.280
New promise must be in writing.
4.16.290
Foreign statutes of limitation, how applied.
4.16.300
Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property.
4.16.310
Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Accrual and limitations
of actions or claims.
4.16.320
Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Construction.
4.16.325
Actions or claims arising from construction defect claims—
Statute tolled.
4.16.340
Actions based on childhood sexual abuse.
4.16.350
Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals,
clinics, nursing homes, etc.
4.16.360
Application of chapter to paternity action.
4.16.370
Actions against personal representative or trustee for breach
of fiduciary duties—Statute of limitations.
Claims against
counties: RCW 36.32.330; chapter 36.45 RCW.
estates: RCW 11.40.051, 11.40.060.
the state: RCW 4.92.050.
Criminal procedure, limitation of actions: RCW 9A.04.080.
Garnishment writ, dismissal after one year: RCW 6.27.310.
Lawyer discipline: Rules of court—RLD 12.10.
Product liability actions: RCW 7.72.060(3).
Tax liability, action by another state, limitation: RCW 4.24.140.
Uniform conflict of laws—Limitations act: Chapter 4.18 RCW.
Usury, business organizations engaged in lending or real estate development cannot bring action: RCW 19.52.080.
(2002 Ed.)
Limitation of Actions
4.16.005 Commencement of actions. Except as
otherwise provided in this chapter, and except when in
special cases a different limitation is prescribed by a statute
not contained in this chapter, actions can only be commenced within the periods provided in this chapter after the
cause of action has accrued. [1989 c 14 § 1.]
4.16.005
(2) An action upon an account receivable incurred in the
ordinary course of business.
(3) An action for the rents and profits or for the use and
occupation of real estate. [1989 c 38 § 1; 1980 c 105 § 2;
1927 c 137 § 1; Code 1881 § 27; 1854 p 363 § 3; RRS §
157.]
Application—1980 c 105: See note following RCW 4.16.020.
4.16.020 Actions to be commenced within ten
years—Exception. The period prescribed for the commencement of actions shall be as follows:
Within ten years:
(1) For actions for the recovery of real property, or for
the recovery of the possession thereof; and no action shall be
maintained for such recovery unless it appears that the
plaintiff, his or her ancestor, predecessor or grantor was
seized or possessed of the premises in question within ten
years before the commencement of the action.
(2) For an action upon a judgment or decree of any
court of the United States, or of any state or territory within
the United States, or of any territory or possession of the
United States outside the boundaries thereof, or of any extraterritorial court of the United States, unless the period is
extended under RCW 6.17.020 or a similar provision in
another jurisdiction.
(3) Of the eighteenth birthday of the youngest child
named in the order for whom support is ordered for an
action to collect past due child support that has accrued
under an order entered after July 23, 1989, by any of the
above-named courts or that has accrued under an administrative order as defined in RCW 74.20A.020(6), which is issued
after July 23, 1989. [2002 c 261 § 2; 1994 c 189 § 2; 1989
c 360 § 1; 1984 c 76 § 1; 1980 c 105 § 1; Code 1881 § 26;
1877 p 7 § 26; 1854 p 363 § 2; RRS § 156.]
Application—1980 c 105: "This act shall apply to all judgments
which have not expired before June 12, 1980." [1980 c 105 § 7.]
Adverse possession
limitation tolled when personal disability: RCW 7.28.090.
recovery of realty, limitation: RCW 7.28.050.
4.16.030 Actions to foreclose special assessments.
An action to collect any special assessment for local improvements of any kind against any person, corporation or
property whatsoever, or to enforce any lien for any special
assessment for local improvements of any kind, whether said
action be brought by a municipal corporation or by the
holder of any delinquency certificate, or by any other person
having the right to bring such an action, shall be commenced
within ten years after such assessment shall have become
delinquent, or due, or within ten years after the last installment of any such special assessment shall have become
delinquent or due when said special assessment is payable in
installments. [1907 c 182 § 1; Rem. Supp. 1945 § 10322C1.]
Actions brought by code city: RCW 35A.21.200.
Actions to foreclose special assessments in cities or towns: RCW
35.50.050.
4.16.040 Actions limited to six years. The following
actions shall be commenced within six years:
(1) An action upon a contract in writing, or liability
express or implied arising out of a written agreement.
(2002 Ed.)
4.16.050 Action on irrigation or drainage district
warrant. Action to enforce any right arising out of the
issuance or ownership of any warrant of an irrigation or
drainage district organized under the laws of this state, must
be brought within six years from and after the date of the
issuance of such warrant. [1931 c 75 § 1; RRS § 157-1.]
Reviser’s note: Transitional proviso omitted. The proviso reads:
"PROVIDED, That this section shall not apply to actions not otherwise
barred on warrants heretofore issued, if the same shall be commenced within
one year after the taking effect of this act".
4.16.060 Action on irrigation district bonds. No
action against any irrigation district organized under the laws
of this state, or its officers, to enforce any right or claim
arising out of the issuance or ownership of any negotiable
bond, payable on a day certain, of the irrigation district,
where such district is under contract with the United States,
or any department or agency thereof, to sell its lands and its
right, title and interest in its distribution canals and pipelines
and its water rights, thereby necessitating the discontinuance
of the district operation upon fulfillment of the contract, shall
be brought after a period of six years from and after the
maturity date of such bond. [1939 c 57 § 1; RRS § 157-2.]
Reviser’s note: Transitional proviso omitted. The proviso reads:
"PROVIDED, That this section shall not apply to actions not otherwise
barred on such irrigation district bonds heretofore issued, if the same shall
be commenced within six (6) months after the taking effect of this act".
4.16.070 Actions limited to five years. No action for
the recovery of any real estate sold by an executor or
administrator under the laws of this state shall be maintained
by any heir or other person claiming under the deceased,
unless it is commenced within five years next after the sale,
and no action for any estate sold by a guardian shall be
maintained by the ward, or by any person claiming under
him, unless commenced within five years next after the
termination of the guardianship, except that minors, and
other persons under legal disability to sue at the time when
the right of action first accrued, may commence such action
at any time within three years after the removal of the
disability. [1890 p 81 § 1; RRS § 158. Prior: 1863 p 245
§§ 251, 252; 1860 p 205 §§ 217, 218; 1854 p 290 §§ 137,
138.]
Age of majority: Chapter 26.28 RCW.
Probate
actions by and against executors, etc.: Chapter 11.48 RCW.
guardianship: Chapters 11.88, 11.92 RCW.
sales and mortgages of real estate: Chapter 11.56 RCW; RCW 11.60.010.
Sales not voided by irregularities: RCW 11.56.115.
4.16.080 Actions limited to three years. The
following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
[Title 4 RCW—page 7]
4.16.080
Title 4 RCW: Civil Procedure
(2) An action for taking, detaining, or injuring personal
property, including an action for the specific recovery
thereof, or for any other injury to the person or rights of
another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action
upon a contract or liability, express or implied, which is not
in writing, and does not arise out of any written instrument;
(4) An action for relief upon the ground of fraud, the
cause of action in such case not to be deemed to have
accrued until the discovery by the aggrieved party of the
facts constituting the fraud;
(5) An action against a sheriff, coroner, or constable
upon a liability incurred by the doing of an act in his official
capacity and by virtue of his office, or by the omission of an
official duty, including the nonpayment of money collected
upon an execution; but this subdivision shall not apply to
action for an escape;
(6) An action against an officer charged with misappropriation or a failure to properly account for public funds
intrusted to his custody; an action upon a statute for penalty
or forfeiture, where an action is given to the party aggrieved,
or to such party and the state, except when the statute
imposing it prescribed a different limitation: PROVIDED,
HOWEVER, The cause of action for such misappropriation,
penalty or forfeiture, whether for acts heretofore or hereafter
done, and regardless of lapse of time or existing statutes of
limitations, or the bar thereof, even though complete, shall
not be deemed to accrue or to have accrued until discovery
by the aggrieved party of the act or acts from which such
liability has arisen or shall arise, and such liability, whether
for acts heretofore or hereafter done, and regardless of lapse
of time or existing statute of limitation, or the bar thereof,
even though complete, shall exist and be enforceable for
three years after discovery by aggrieved party of the act or
acts from which such liability has arisen or shall arise.
[1989 c 38 § 2; 1937 c 127 § 1; 1923 c 28 § 1; Code 1881
§ 28; 1869 p 8 § 28; 1854 p 363 § 4; RRS § 159.]
Reviser’s note: Transitional proviso omitted from subsection (6).
The proviso reads: "PROVIDED, FURTHER, That no action heretofore
barred under the provisions of this paragraph shall be commenced after
ninety days from the time this act becomes effective;".
4.16.085 Actions based on product defects, etc. See
RCW 7.72.060(3).
4.16.090 Action to cancel tax deed. Actions to set
aside or cancel any deed heretofore or hereafter issued by
any county treasurer after and upon the sale of lands for
general, state, county or municipal taxes, or upon the sale of
lands acquired by any county on foreclosure of general,
state, county or municipal taxes, or for the recovery of any
lands so sold, must be brought within three years from and
after the date of the issuance of such treasurer’s deed. [1949
c 74 § 1; 1907 c 173 § 1; Rem. Supp. 1949 § 162.]
Reviser’s note: Transitional proviso omitted. The proviso reads:
"PROVIDED, This act shall not apply to actions not otherwise barred on
deeds heretofore issued if the same be commenced within one year after the
passage of this act".
4.16.100
years:
Actions limited to two years. Within two
[Title 4 RCW—page 8]
(1) An action for libel, slander, assault, assault and
battery, or false imprisonment.
(2) An action upon a statute for a forfeiture or penalty
to the state. [Code 1881 § 29; 1877 p 8 § 29; 1869 p 9 §
29; 1854 p 363 § 5; RRS § 160.]
Limitation of action for recovery of transportation charges: RCW
81.28.270.
4.16.110 Actions limited to one year. Within one
year an action shall be brought against a sheriff, or other
officer for the escape of a prisoner arrested or imprisoned on
civil process. [1985 c 11 § 2. Prior: 1984 c 149 § 1; Code
1881 § 30; 1877 p 8 § 30; 1869 p 9 § 30; 1854 p 364 § 5;
RRS § 161.]
Purpose—1985 c 11: "The purpose of this act is to make technical
corrections to chapter 149, Laws of 1984, and to ensure that the changes
made in that chapter meet the constitutional requirements of Article II,
section 19 of the state Constitution." [1985 c 11 § 1.]
Severability—1985 c 11: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 11 § 4.]
Reviser’s note: 1985 c 11 reenacted RCW 4.16.110 and 4.16.370
without amendment.
Short title—Application—1985 c 30: See RCW 11.02.900 and
11.02.901.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Sheriff, civil liability: RCW 36.28.150.
4.16.112 Actions for contribution between joint tort
feasors. See RCW 4.22.050.
4.16.115 Special provisions for action on penalty.
An action upon a statute for a penalty given in whole or in
part to the person who may prosecute for the same, shall be
commenced within three years [one year] after the commission of the offense; and if the action be not commenced
within one year by a private party, it may be commenced
within two years after the commission of the offense in
behalf of the state by the prosecuting attorney of the county,
where said offense was committed. [1877 p 9 § 31; 1854 p
364 § 6; RRS § 163. Formerly RCW 4.16.140. Cf. Code
1881 § 31.]
Reviser’s note: "one year" appeared in Laws of 1854 and 1877;
"three years" appears in Code of 1881.
4.16.130 Action for relief not otherwise provided
for. An action for relief not hereinbefore provided for, shall
be commenced within two years after the cause of action
shall have accrued. [Code 1881 § 33; 1877 p 9 § 32; 1854
p 364 § 7; RRS § 165.]
Limitation of action to recover taxes paid: RCW 84.68.060.
4.16.150 Action on mutual open accounts. In an
action brought to recover a balance due upon a mutual open
and current account, where there have been reciprocal
demands between the parties, the cause of action shall be
deemed to have accrued from the time of the last item
proved in the account on either side, but whenever a period
of more than one year shall have elapsed between any of a
series of items or demands, they are not to be deemed such
(2002 Ed.)
Limitation of Actions
an account. [Code 1881 § 34; 1877 p 9 § 33; 1869 p 10 §
33; 1854 p 364 § 8; RRS § 166.]
4.16.160 Application of limitations to actions by
state, counties, municipalities. The limitations prescribed
in this chapter shall apply to actions brought in the name or
for the benefit of any county or other municipality or
quasimunicipality of the state, in the same manner as to
actions brought by private parties: PROVIDED, That,
except as provided in RCW 4.16.310, there shall be no
limitation to actions brought in the name or for the benefit
of the state, and no claim of right predicated upon the lapse
of time shall ever be asserted against the state: AND
FURTHER PROVIDED, That no previously existing statute
of limitations shall be interposed as a defense to any action
brought in the name or for the benefit of the state, although
such statute may have run and become fully operative as a
defense prior to February 27, 1903, nor shall any cause of
action against the state be predicated upon such a statute.
[1986 c 305 § 701; 1955 c 43 § 2. Prior: 1903 c 24 § 1;
Code 1881 § 35; 1873 p 10 §§ 34, 35; 1869 p 10 §§ 34, 35;
1854 p 364 § 9; RRS § 167, part.]
Preamble—1986 c 305: "Tort law in this state has generally been
developed by the courts on a case-by-case basis. While this process has
resulted in some significant changes in the law, including amelioration of
the harshness of many common law doctrines, the legislature has periodically intervened in order to bring about needed reforms. The purpose of this
chapter is to enact further reforms in order to create a more equitable
distribution of the cost and risk of injury and increase the availability and
affordability of insurance.
The legislature finds that counties, cities, and other governmental
entities are faced with increased exposure to lawsuits and awards and
dramatic increases in the cost of insurance coverage. These escalating costs
ultimately affect the public through higher taxes, loss of essential services,
and loss of the protection provided by adequate insurance. In order to
improve the availability and affordability of quality governmental services,
comprehensive reform is necessary.
The legislature also finds comparable cost increases in professional
liability insurance. Escalating malpractice insurance premiums discourage
physicians and other health care providers from initiating or continuing their
practice or offering needed services to the public and contribute to the rising
costs of consumer health care. Other professionals, such as architects and
engineers, face similar difficult choices, financial instability, and unlimited
risk in providing services to the public.
The legislature also finds that general liability insurance is becoming
unavailable or unaffordable to many businesses, individuals, and nonprofit
organizations in amounts sufficient to cover potential losses. High
premiums have discouraged socially and economically desirable activities
and encourage many to go without adequate insurance coverage.
Therefore, it is the intent of the legislature to reduce costs associated
with the tort system, while assuring that adequate and appropriate compensation for persons injured through the fault of others is available." [1986
c 305 § 100.]
Report to legislature—1986 c 305: "The insurance commissioner
shall submit a report to the legislature by January 1, 1991, on the effects of
this act on insurance rates and the availability of insurance coverage and the
impact on the civil justice system." [1986 c 305 § 909.]
Application—1986 c 305: "Except as provided in sections 202 and
601 of this act and except for section 904 of this act, this act applies to all
actions filed on or after August 1, 1986." [1986 c 305 § 910.]
Severability—1986 c 305: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 305 § 911.]
4.16.170 Tolling of statute—Actions, when deemed
commenced or not commenced. For the purpose of tolling
any statute of limitations an action shall be deemed com(2002 Ed.)
4.16.150
menced when the complaint is filed or summons is served
whichever occurs first. If service has not been had on the
defendant prior to the filing of the complaint, the plaintiff
shall cause one or more of the defendants to be served
personally, or commence service by publication within ninety
days from the date of filing the complaint. If the action is
commenced by service on one or more of the defendants or
by publication, the plaintiff shall file the summons and
complaint within ninety days from the date of service. If
following service, the complaint is not so filed, or following
filing, service is not so made, the action shall be deemed to
not have been commenced for purposes of tolling the statute
of limitations. [1971 ex.s. c 131 § 1; 1955 c 43 § 3. Prior:
1903 c 24 § 1; Code 1881 § 35; 1873 p 10 § 35; 1869 p 10
§ 35; RRS § 167, part.]
4.16.180 Statute tolled by absence from state,
concealment, etc. If the cause of action shall accrue against
any person who is a nonresident of this state, or who is a
resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the
terms herein respectively limited after the coming, or return
of such person into the state, or after the end of such
concealment; and if after such cause of action shall have
accrued, such person shall depart from and reside out of this
state, or conceal himself, the time of his absence or concealment shall not be deemed or taken as any part of the time
limit for the commencement of such action. [1927 c 132 §
1; Code 1881 § 36; 1854 p 364 § 10; RRS § 168.]
4.16.190 Statute tolled by personal disability. If a
person entitled to bring an action mentioned in this chapter,
except for a penalty or forfeiture, or against a sheriff or
other officer, for an escape, be at the time the cause of
action accrued either under the age of eighteen years, or
incompetent or disabled to such a degree that he or she
cannot understand the nature of the proceedings, such
incompetency or disability as determined according to
chapter 11.88 RCW, or imprisoned on a criminal charge
prior to sentencing, the time of such disability shall not be
a part of the time limited for the commencement of action.
[1993 c 232 § 1; 1977 ex.s. c 80 § 2; 1971 ex.s. c 292 § 74;
Code 1881 § 37; 1877 p 9 § 38; 1869 p 10 § 38; 1861 p 61
§ 1; 1854 p 364 § 11; RRS § 169.]
Purpose—Intent—1977 ex.s. c 80: "It is the purpose of the
legislature in enacting this 1977 amendatory act to provide for a comprehensive revision of out-dated and offensive language, procedures and assumptions that have previously been used to identify and categorize mentally,
physically, and sensory handicapped citizens. It is legislative intent that
language references such as idiots, imbeciles, feeble-minded or defective
persons be deleted and replaced with more appropriate references to reflect
current statute law more recently enacted by the federal government and this
legislature. It is legislative belief that use of the undefined term "insanity"
be avoided in preference to the use of a process for defining incompetency
or disability as fully set forth in chapter 11.88 RCW; that language that has
allowed or implied a presumption of incompetency or disability on the basis
of an apparent condition or appearance be deleted in favor of a reference to
necessary due process allowing a judicial determination of the existence or
lack of existence of such incompetency or disability." [1977 ex.s. c 80 §
1.]
Severability—1977 ex.s. c 80: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 80 § 76.]
[Title 4 RCW—page 9]
4.16.190
Title 4 RCW: Civil Procedure
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Adverse possession, personal disability, limitation tolled: RCW 7.28.090.
removed. [Code 1881 § 43; 1877 p 10 § 44; 1854 p 365 §
17; RRS § 175.]
4.16.200 Statute tolled by death. Limitations on
actions against a person who dies before the expiration of
the time otherwise limited for commencement thereof are as
set forth in chapter 11.40 RCW. Subject to the limitations
on claims against a deceased person under chapter 11.40
RCW, if a person entitled to bring an action dies before the
expiration of the time limited for the commencement thereof,
and the cause of action survives, an action may be commenced by his representatives after the expiration of the time
and within one year from his death. [1989 c 333 § 8; Code
1881 § 38; 1877 p 9 § 38; 1854 p 364 § 12; RRS § 170.]
4.16.270 Effect of partial payment. When any
payment of principal or interest has been or shall be made
upon any existing contract, whether it be a bill of exchange,
promissory note, bond or other evidence of indebtedness, if
such payment be made after the same shall have become
due, the limitation shall commence from the time the last
payment was made. [Code 1881 § 45; 1877 p 10 § 46; 1854
p 365 § 19; RRS § 177.]
Application—Effective date—1989 c 333: See note following RCW
11.40.010.
Decedents
claims against, time limits: RCW 11.40.051, 11.40.060.
liability for debts: RCW 11.04.270.
4.16.210 Statute tolled—By war as to enemy alien.
When a person shall be an alien subject or a citizen of a
country at war with the United States, the time of the
continuance of the war shall not be a part of the period
limited for the commencement of the action. [1941 c 174 §
1, part; Code 1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941
§ 171, part.]
4.16.220 Statute tolled—As to person in military
service of United States. When the enforcement of civil
liabilities against a person in the military service of the
United States has been suspended by operation of law, the
period of such suspension shall not be a part of the period
limited for the commencement of the action. [1941 c 174 §
1, part; Code 1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941
§ 171, part.]
Application of federal law: RCW 73.16.070.
4.16.230 Statute tolled by judicial proceedings.
When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of
the injunction or prohibition shall not be a part of the time
limited for the commencement of the action. [Code 1881 §
40; 1877 p 10 § 41; 1854 p 365 § 14; RRS § 172.]
4.16.240 Effect of reversal of judgment on appeal.
If an action shall be commenced within the time prescribed
therefor, and a judgment therein for the plaintiff be reversed
on error or appeal, the plaintiff, or if he dies and the cause
of action survives, his heirs or representatives may commence a new action within one year after reversal. [Code
1881 § 41; 1877 p 10 § 42; 1854 p 365 § 15; RRS § 173.]
4.16.250 Disability must exist when right of action
accrued. No person shall avail himself of a disability unless
it existed when his right of action accrued. [Code 1881 §
42; 1877 p 10 § 43; 1854 p 365 § 16; RRS § 174.]
4.16.260 Coexisting disabilities. When two or more
disabilities shall coexist at the time the right of action
accrues, the limitation shall not attach until they all be
[Title 4 RCW—page 10]
4.16.280 New promise must be in writing. No
acknowledgment or promise shall be sufficient evidence of
a new or continuing contract whereby to take the case out of
the operation of this chapter, unless it is contained in some
writing signed by the party to be charged thereby; but this
section shall not alter the effect of any payment of principal
or interest. [Code 1881 § 44; 1877 p 10 § 45; 1854 p 365
§ 18; RRS § 176.]
4.16.290 Foreign statutes of limitation, how applied.
When the cause of action has arisen in another state,
territory or country between nonresidents of this state, and
by the laws of the state, territory or country where the action
arose, an action cannot be maintained thereon by reason of
the lapse of time, no action shall be maintained thereon in
this state. [Code 1881 § 46; 1877 p 10 § 47; 1854 p 365 §
20; RRS § 178.]
4.16.300 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property. RCW
4.16.300 through 4.16.320 shall apply to all claims or causes
of action of any kind against any person, arising from such
person having constructed, altered or repaired any improvement upon real property, or having performed or furnished
any design, planning, surveying, architectural or construction
or engineering services, or supervision or observation of
construction, or administration of construction contracts for
any construction, alteration or repair of any improvement
upon real property. This section is intended to benefit only
those persons referenced herein and shall not apply to claims
or causes of action against manufacturers. [1986 c 305 §
703; 1967 c 75 § 1.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—
Accrual and limitations of actions or claims. All claims
or causes of action as set forth in RCW 4.16.300 shall
accrue, and the applicable statute of limitation shall begin to
run only during the period within six years after substantial
completion of construction, or during the period within six
years after the termination of the services enumerated in
RCW 4.16.300, whichever is later. The phrase "substantial
completion of construction" shall mean the state of completion reached when an improvement upon real property may
be used or occupied for its intended use. Any cause of
(2002 Ed.)
Limitation of Actions
action which has not accrued within six years after such
substantial completion of construction, or within six years
after such termination of services, whichever is later, shall be
barred: PROVIDED, That this limitation shall not be
asserted as a defense by any owner, tenant or other person
in possession and control of the improvement at the time
such cause of action accrues. The limitations prescribed in
this section apply to all claims or causes of action as set
forth in RCW 4.16.300 brought in the name or for the
benefit of the state which are made or commenced after June
11, 1986.
If a written notice is filed under RCW 64.50.020 within
the time prescribed for the filing of an action under this
chapter, the period of time during which the filing of an
action is barred under RCW 64.50.020 plus sixty days shall
not be a part of the period limited for the commencement of
an action, nor for the application of this section. [2002 c
323 § 9; 1986 c 305 § 702; 1967 c 75 § 2.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
4.16.320 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—
Construction. Nothing in RCW 4.16.300 through 4.16.320
shall be construed as extending the period now permitted by
law for bringing any kind of action. [1967 c 75 § 3.]
4.16.325 Actions or claims arising from construction defect claims—Statute tolled. If a written notice of
claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the
statutes of limitations for construction-related claims are
tolled until sixty days after the period of time during which
the filing of an action is barred under RCW 64.50.020.
[2002 c 323 § 8.]
4.16.340 Actions based on childhood sexual abuse.
(1) All claims or causes of action based on intentional
conduct brought by any person for recovery of damages for
injury suffered as a result of childhood sexual abuse shall be
commenced within the later of the following periods:
(a) Within three years of the act alleged to have caused
the injury or condition;
(b) Within three years of the time the victim discovered
or reasonably should have discovered that the injury or
condition was caused by said act; or
(c) Within three years of the time the victim discovered
that the act caused the injury for which the claim is brought:
PROVIDED, That the time limit for commencement of
an action under this section is tolled for a child until the
child reaches the age of eighteen years.
(2) The victim need not establish which act in a series
of continuing sexual abuse or exploitation incidents caused
the injury complained of, but may compute the date of
discovery from the date of discovery of the last act by the
same perpetrator which is part of a common scheme or plan
of sexual abuse or exploitation.
(3) The knowledge of a custodial parent or guardian
shall not be imputed to a person under the age of eighteen
years.
(2002 Ed.)
4.16.310
(4) For purposes of this section, "child" means a person
under the age of eighteen years.
(5) As used in this section, "childhood sexual abuse"
means any act committed by the defendant against a complainant who was less than eighteen years of age at the time
of the act and which act would have been a violation of
chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of
similar effect at the time the act was committed. [1991 c
212 § 2; 1989 c 317 § 2; 1988 c 144 § 1.]
Finding—Intent—1991 c 212: "The legislature finds that:
(1) Childhood sexual abuse is a pervasive problem that affects the
safety and well-being of many of our citizens.
(2) Childhood sexual abuse is a traumatic experience for the victim
causing long-lasting damage.
(3) The victim of childhood sexual abuse may repress the memory of
the abuse or be unable to connect the abuse to any injury until after the
statute of limitations has run.
(4) The victim of childhood sexual abuse may be unable to understand
or make the connection between childhood sexual abuse and emotional harm
or damage until many years after the abuse occurs.
(5) Even though victims may be aware of injuries related to the
childhood sexual abuse, more serious injuries may be discovered many
years later.
(6) The legislature enacted RCW 4.16.340 to clarify the application of
the discovery rule to childhood sexual abuse cases. At that time the
legislature intended to reverse the Washington supreme court decision in
Tyson v. Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986).
It is still the legislature’s intention that Tyson v. Tyson, 107 Wn.2d 72,
727 P.2d 226 (1986) be reversed, as well as the line of cases that state that
discovery of any injury whatsoever caused by an act of childhood sexual
abuse commences the statute of limitations. The legislature intends that the
earlier discovery of less serious injuries should not affect the statute of
limitations for injuries that are discovered later." [1991 c 212 § 1.]
Intent—1989 c 317: "(1) The legislature finds that possible confusion
may exist in interpreting the statute of limitations provisions for child sexual
abuse civil actions in RCW 4.16.190 and 4.16.340 regarding the accrual of
a cause of action for a person under age eighteen. The legislature finds that
amending RCW 4.16.340 will clarify that the time limit for commencement
of an action under RCW 4.16.340 is tolled until the child reaches age
eighteen. The 1989 amendment to RCW 4.16.340 is intended as a
clarification of existing law and is not intended to be a change in the law.
(2) The legislature further finds that the enactment of chapter 145,
Laws of 1988, which deleted specific reference to RCW 9A.44.070,
9A.44.080, and 9A.44.100(1)(b) from RCW 9A.04.080 and also deleted
those specific referenced provisions from the laws of Washington, did not
intend to change the statute of limitations governing those offenses from
seven to three years." [1989 c 317 § 1.]
Application—1988 c 144: "Sections 1 and 2 of this act apply to all
causes of action commenced on or after June 9, 1988, regardless of when
the cause of action may have arisen. To this extent, sections 1 and 2 of this
act apply retrospectively." [1988 c 144 § 3.]
4.16.350 Action for injuries resulting from health
care or related services—Physicians, dentists, nurses,
etc.—Hospitals, clinics, nursing homes, etc. Any civil
action for damages for injury occurring as a result of health
care which is provided after June 25, 1976 against:
(1) A person licensed by this state to provide health care
or related services, including, but not limited to, a physician,
osteopathic physician, dentist, nurse, optometrist, podiatric
physician and surgeon, chiropractor, physical therapist,
psychologist, pharmacist, optician, physician’s assistant,
osteopathic physician’s assistant, nurse practitioner, or
physician’s trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or
personal representative;
(2) An employee or agent of a person described in
subsection (1) of this section, acting in the course and scope
[Title 4 RCW—page 11]
4.16.350
Title 4 RCW: Civil Procedure
of his employment, including, in the event such employee or
agent is deceased, his estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or
institution employing one or more persons described in
subsection (1) of this section, including, but not limited to,
a hospital, clinic, health maintenance organization, or nursing
home; or an officer, director, employee, or agent thereof
acting in the course and scope of his employment, including,
in the event such officer, director, employee, or agent is
deceased, his estate or personal representative;
based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to
have caused the injury or condition, or one year of the time
the patient or his representative discovered or reasonably
should have discovered that the injury or condition was
caused by said act or omission, whichever period expires
later, except that in no event shall an action be commenced
more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is
tolled upon proof of fraud, intentional concealment, or the
presence of a foreign body not intended to have a therapeutic
or diagnostic purpose or effect, until the date the patient or
the patient’s representative has actual knowledge of the act
of fraud or concealment, or of the presence of the foreign
body; the patient or the patient’s representative has one year
from the date of the actual knowledge in which to commence a civil action for damages.
For purposes of this section, notwithstanding RCW
4.16.190, the knowledge of a custodial parent or guardian
shall be imputed to a person under the age of eighteen years,
and such imputed knowledge shall operate to bar the claim
of such minor to the same extent that the claim of an adult
would be barred under this section. Any action not commenced in accordance with this section shall be barred.
For purposes of this section, with respect to care
provided after June 25, 1976, and before August 1, 1986, the
knowledge of a custodial parent or guardian shall be imputed
as of April 29, 1987, to persons under the age of eighteen
years.
This section does not apply to a civil action based on
intentional conduct brought against those individuals or
entities specified in this section by a person for recovery of
damages for injury occurring as a result of childhood sexual
abuse as defined in RCW 4.16.340(5). [1998 c 147 § 1;
1988 c 144 § 2; 1987 c 212 § 1401; 1986 c 305 § 502;
1975-’76 2nd ex.s. c 56 § 1; 1971 c 80 § 1.]
Application—1998 c 147: "This act applies to any cause of action
filed on or after June 11, 1998." [1998 c 147 § 2.]
Application—1988 c 144: See note following RCW 4.16.340.
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
Severability—1975-’76 2nd ex.s. c 56: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 56 § 15.]
Actions for injuries resulting from health care: Chapter 7.70 RCW.
Complaint in personal injury actions not to include statement of damages:
RCW 4.28.360.
Evidence of furnishing or offering to pay medical expenses inadmissible to
prove liability in personal injury actions for medical negligence:
Chapter 5.64 RCW.
Immunity of members of professional review committees, societies, examining, licensing or disciplinary boards from civil suit: RCW 4.24.240.
[Title 4 RCW—page 12]
Proof and evidence required in actions against hospitals, personnel and
members of healing arts: RCW 4.24.290.
Verdict or award of future economic damages in personal injury or
property damage action may provide for periodic payments: RCW
4.56.260.
4.16.360 Application of chapter to paternity action.
This chapter does not limit the time in which an action for
determination of paternity may be brought under chapter
26.26 RCW. [1983 1st ex.s. c 41 § 13.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
4.16.370 Actions against personal representative or
trustee for breach of fiduciary duties—Statute of limitations. The statute of limitations for actions against a
personal representative or trustee for breach of fiduciary
duties is as set forth in RCW 11.96A.070. [1999 c 42 §
602; 1985 c 11 § 3. Prior: 1984 c 149 § 2.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—1985 c 30: See RCW 11.02.900 and
11.02.901.
Purpose—Severability—1985 c 11: See notes following RCW
4.16.110.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 4.18
UNIFORM CONFLICT OF LAWS—
LIMITATIONS ACT
Sections
4.18.010
Definitions.
4.18.020
Conflict of laws—Limitation periods.
4.18.030
Rules of law applicable to computation of limitation period.
4.18.040
Application of limitation period of other state—Unfairness.
4.18.900
Short title.
4.18.901
Application of chapter—Existing and future claims.
4.18.902
Uniformity of application and construction of chapter.
4.18.903
Severability—1983 c 152.
4.18.904
Captions not law—1983 c 152.
Limitation of actions generally: Chapter 4.16 RCW.
4.18.010 Definitions. As used in this chapter:
(1) "Claim" means a right of action that may be asserted
in a civil action or proceeding and includes a right of action
created by statute.
(2) "State" means a state, commonwealth, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, or a
political subdivision of any of them. [1983 c 152 § 1.]
4.18.020 Conflict of laws—Limitation periods. (1)
Except as provided by RCW 4.18.040, if a claim is substantively based:
(a) Upon the law of one other state, the limitation period
of that state applies; or
(b) Upon the law of more than one state, the limitation
period of one of those states, chosen by the law of conflict
of laws of this state, applies.
(2) The limitation period of this state applies to all other
claims. [1983 c 152 § 2.]
(2002 Ed.)
Uniform Conflict of Laws—Limitations Act
4.18.030
4.18.030 Rules of law applicable to computation of
limitation period. If the statute of limitations of another
state applies to the assertion of a claim in this state, the
other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation
period, but its statutes and other rules of law governing
conflict of laws do not apply. [1983 c 152 § 3.]
4.20.005 Wrongful death—Application of terms.
Words in RCW 4.20.010, 4.20.020, and 4.20.030 denoting
the singular shall be understood as belonging to a plurality
of persons or things. The masculine shall apply also to the
feminine, and the word person shall also apply to bodies
politic and corporate. [1917 c 123 § 3; RRS § 183-2.
Formerly RCW 4.20.010, part.]
4.18.040 Application of limitation period of other
state—Unfairness. If the court determines that the limitation period of another state applicable under RCW 4.18.020
and 4.18.030 is substantially different from the limitation
period of this state and has not afforded a fair opportunity to
sue upon, or imposes an unfair burden in defending against,
the claim, the limitation period of this state applies. [1983
c 152 § 4.]
4.20.010 Wrongful death—Right of action. When
the death of a person is caused by the wrongful act, neglect
or default of another his personal representative may
maintain an action for damages against the person causing
the death; and although the death shall have been caused
under such circumstances as amount, in law, to a felony.
[1917 c 123 § 1; RRS § 183. FORMER PARTS OF
SECTION: 1917 c 123 § 3 now codified as RCW 4.20.005.
Prior: 1909 c 129 § 1; Code 1881 § 8; 1875 p 4 § 4; 1854
p 220 § 496.]
4.18.900 Short title. This chapter may be cited as the
Uniform Conflict of Laws—Limitations Act. [1983 c 152 §
7.]
4.18.901 Application of chapter—Existing and
future claims. This chapter applies to claims:
(1) Accruing after July 24, 1983; or
(2) Asserted in a civil action or proceeding more than
one year after July 24, 1983, but it does not revive a claim
barred before July 24, 1983. [1983 c 152 § 5.]
4.18.902 Uniformity of application and construction
of chapter. This chapter shall be applied and construed to
effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting
it. [1983 c 152 § 6.]
4.20.020 Wrongful death—Beneficiaries of action.
Every such action shall be for the benefit of the wife,
husband, child or children, including stepchildren, of the
person whose death shall have been so caused. If there be
no wife or husband or such child or children, such action
may be maintained for the benefit of the parents, sisters or
brothers, who may be dependent upon the deceased person
for support, and who are resident within the United States at
the time of his death.
In every such action the jury may give such damages as,
under all circumstances of the case, may to them seem just.
[1985 c 139 § 1; 1973 1st ex.s. c 154 § 2; 1917 c 123 § 2;
RRS § 183-1.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
4.18.903 Severability—1983 c 152. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 152 § 8.]
4.20.030 Workers’ compensation act not affected.
RCW 4.20.005, 4.20.010, and 4.20.020 shall not repeal or
supersede chapter 74 of the Laws of 1911 [Title 51 RCW]
and acts amendatory thereof, or any part thereof. [1917 c
123 § 5; RRS § 183-3.]
4.18.904 Captions not law—1983 c 152. Section
captions used in this act constitute no part of the law. [1983
c 152 § 9.]
4.20.046 Survival of actions. (1) All causes of action
by a person or persons against another person or persons
shall survive to the personal representatives of the former
and against the personal representatives of the latter, whether
such actions arise on contract or otherwise, and whether or
not such actions would have survived at the common law or
prior to the date of enactment of this section: PROVIDED,
HOWEVER, That the personal representative shall only be
entitled to recover damages for pain and suffering, anxiety,
emotional distress, or humiliation personal to and suffered by
a deceased on behalf of those beneficiaries enumerated in
RCW 4.20.020, and such damages are recoverable regardless
of whether or not the death was occasioned by the injury
that is the basis for the action. The liability of property of
a husband and wife held by them as community property to
execution in satisfaction of a claim enforceable against such
property so held shall not be affected by the death of either
or both spouses; and a cause of action shall remain an asset
as though both claiming spouses continued to live despite the
death of either or both claiming spouses.
Chapter 4.20
SURVIVAL OF ACTIONS
Sections
4.20.005
4.20.010
4.20.020
4.20.030
4.20.046
4.20.050
Wrongful death—Application of terms.
Wrongful death—Right of action.
Wrongful death—Beneficiaries of action.
Workers’ compensation act not affected.
Survival of actions.
Action not abated by death or disability if it survives—
Substitution.
4.20.060
Action for personal injury survives to surviving spouse,
child, stepchildren, or heirs.
Action for injury or death of a child: RCW 4.24.010.
Actions by and against executors: Chapter 11.48 RCW.
Imputation of contributory fault of decedent in wrongful death actions:
RCW 4.22.020.
(2002 Ed.)
[Title 4 RCW—page 13]
4.20.046
Title 4 RCW: Civil Procedure
(2) Where death or an injury to person or property,
resulting from a wrongful act, neglect or default, occurs
simultaneously with or after the death of a person who
would have been liable therefor if his death had not occurred
simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the
resulting death or injury, an action to recover damages for
such death or injury may be maintained against the personal
representative of such person. [1993 c 44 § 1; 1961 c 137
§ 1.]
4.20.050 Action not abated by death or disability if
it survives—Substitution. No action shall abate by the
death, marriage or other disability of the party, or by the
transfer of any interest therein, if the cause of action
survives or continues; but the court may at any time within
one year thereafter, on motion, allow the action to be
continued by or against his representatives or successors in
interest. [Code 1881 § 17; 1877 p 6 § 17; 1869 p 6 § 17;
1854 p 132 § 11; RRS § 193.]
Rules of court: Cf. RAP 3.2, 18.22.
4.20.060 Action for personal injury survives to
surviving spouse, child, stepchildren, or heirs. No action
for a personal injury to any person occasioning death shall
abate, nor shall such right of action determine, by reason of
such death, if such person has a surviving spouse or child
living, including stepchildren, or leaving no surviving spouse
or such children, if there is dependent upon the deceased for
support and resident within the United States at the time of
decedent’s death, parents, sisters or brothers; but such action
may be prosecuted, or commenced and prosecuted, by the
executor or administrator of the deceased, in favor of such
surviving spouse, or in favor of the surviving spouse and
such children, or if no surviving spouse, in favor of such
child or children, or if no surviving spouse or such child or
children, then in favor of the decedent’s parents, sisters or
brothers who may be dependent upon such person for
support, and resident in the United States at the time of
decedent’s death. [1985 c 139 § 2; 1973 1st ex.s. c 154 §
3; 1927 c 156 § 1; 1909 c 144 § 1; Code 1881 § 18; 1854
p 220 § 495; RRS § 194.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Chapter 4.22
CONTRIBUTORY FAULT—EFFECT—
IMPUTATION—CONTRIBUTION—
SETTLEMENT AGREEMENTS
Sections
4.22.005
4.22.015
4.22.020
4.22.030
4.22.040
4.22.050
4.22.060
4.22.070
4.22.080
Effect of contributory fault.
"Fault" defined.
Imputation of contributory fault—Spouse or minor child of
spouse—Wrongful death actions.
Nature of liability.
Right of contribution—Indemnity.
Enforcement of contribution.
Effect of settlement agreement.
Percentage of fault—Determination—Exception—
Limitations.
Year 2000 failure—Actions against agency or public service
provider—Definitions.
[Title 4 RCW—page 14]
4.22.900
Effective date—1973 1st ex.s. c 138.
4.22.910
Severability—1973 1st ex.s. c 138.
4.22.911
Severability—1981 c 27.
4.22.920
Applicability—1981 c 27.
4.22.925
Applicability—1981 c 27 § 17.
Preamble—1981 c 27: See note following RCW 7.72.010.
Product liability actions: Chapter 7.72 RCW.
4.22.005 Effect of contributory fault. In an action
based on fault seeking to recover damages for injury or
death to person or harm to property, any contributory fault
chargeable to the claimant diminishes proportionately the
amount awarded as compensatory damages for an injury
attributable to the claimant’s contributory fault, but does not
bar recovery. This rule applies whether or not under prior
law the claimant’s contributory fault constituted a defense or
was disregarded under applicable legal doctrines, such as last
clear chance. [1981 c 27 § 8.]
4.22.015 "Fault" defined. "Fault" includes acts or
omissions, including misuse of a product, that are in any
measure negligent or reckless toward the person or property
of the actor or others, or that subject a person to strict tort
liability or liability on a product liability claim. The term
also includes breach of warranty, unreasonable assumption
of risk, and unreasonable failure to avoid an injury or to
mitigate damages. Legal requirements of causal relation
apply both to fault as the basis for liability and to contributory fault.
A comparison of fault for any purpose under RCW
4.22.005 through 4.22.060 shall involve consideration of
both the nature of the conduct of the parties to the action
and the extent of the causal relation between such conduct
and the damages. [1981 c 27 § 9.]
4.22.020 Imputation of contributory fault—Spouse
or minor child of spouse—Wrongful death actions. The
contributory fault of one spouse shall not be imputed to the
other spouse or the minor child of the spouse to diminish
recovery in an action by the other spouse or the minor child
of the spouse, or his or her legal representative, to recover
damages caused by fault resulting in death or in injury to the
person or property, whether separate or community, of the
spouse. In an action brought for wrongful death or loss of
consortium, the contributory fault of the decedent or injured
person shall be imputed to the claimant in that action. [1987
c 212 § 801; 1981 c 27 § 10; 1973 1st ex.s. c 138 § 2.]
Wrongful death actions: Chapter 4.20 RCW.
4.22.030 Nature of liability. Except as otherwise
provided in RCW 4.22.070, if more than one person is liable
to a claimant on an indivisible claim for the same injury,
death or harm, the liability of such persons shall be joint and
several. [1986 c 305 § 402; 1981 c 27 § 11.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
4.22.040 Right of contribution—Indemnity. (1) A
right of contribution exists between or among two or more
persons who are jointly and severally liable upon the same
indivisible claim for the same injury, death or harm, whether
(2002 Ed.)
Contributory Fault—Effect—Imputation—Contribution—Settlement Agreements
or not judgment has been recovered against all or any of
them. It may be enforced either in the original action or by
a separate action brought for that purpose. The basis for
contribution among liable persons is the comparative fault of
each such person. However, the court may determine that
two or more persons are to be treated as a single person for
purposes of contribution.
(2) Contribution is available to a person who enters into
a settlement with a claimant only (a) if the liability of the
person against whom contribution is sought has been
extinguished by the settlement and (b) to the extent that the
amount paid in settlement was reasonable at the time of the
settlement.
(3) The common law right of indemnity between active
and passive tort feasors is abolished: PROVIDED, That the
common law right of indemnity between active and passive
tort feasors is not abolished in those cases to which a right
of contribution by virtue of RCW 4.22.920(2) does not
apply. [1982 c 100 § 1; 1981 c 27 § 12.]
Severability—1982 c 100: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 100 § 4.]
4.22.050 Enforcement of contribution. (1) If the
comparative fault of the parties to a claim for contribution
has been established previously by the court in the original
action, a party paying more than that party’s equitable share
of the obligation, upon motion, may recover judgment for
contribution.
(2) If the comparative fault of the parties to the claim
for contribution has not been established by the court in the
original action, contribution may be enforced in a separate
action, whether or not a judgment has been rendered against
either the person seeking contribution or the person from
whom contribution is being sought.
(3) If a judgment has been rendered, the action for
contribution must be commenced within one year after the
judgment becomes final. If no judgment has been rendered,
the person bringing the action for contribution either must
have (a) discharged by payment the common liability within
the period of the statute of limitations applicable to the
claimant’s right of action against him and commenced the
action for contribution within one year after payment, or (b)
agreed while the action was pending to discharge the
common liability and, within one year after the agreement,
have paid the liability and commenced an action for contribution. [1981 c 27 § 13.]
4.22.060 Effect of settlement agreement. (1) A party
prior to entering into a release, covenant not to sue, covenant
not to enforce judgment, or similar agreement with a
claimant shall give five days’ written notice of such intent to
all other parties and the court. The court may for good
cause authorize a shorter notice period. The notice shall
contain a copy of the proposed agreement. A hearing shall
be held on the issue of the reasonableness of the amount to
be paid with all parties afforded an opportunity to present
evidence. A determination by the court that the amount to
be paid is reasonable must be secured. If an agreement was
entered into prior to the filing of the action, a hearing on the
issue of the reasonableness of the amount paid at the time it
(2002 Ed.)
4.22.040
was entered into may be held at any time prior to final
judgment upon motion of a party.
The burden of proof regarding the reasonableness of the
settlement offer shall be on the party requesting the settlement.
(2) A release, covenant not to sue, covenant not to
enforce judgment, or similar agreement entered into by a
claimant and a person liable discharges that person from all
liability for contribution, but it does not discharge any other
persons liable upon the same claim unless it so provides.
However, the claim of the releasing person against other
persons is reduced by the amount paid pursuant to the
agreement unless the amount paid was unreasonable at the
time of the agreement in which case the claim shall be
reduced by an amount determined by the court to be reasonable.
(3) A determination that the amount paid for a release,
covenant not to sue, covenant not to enforce judgment, or
similar agreement was unreasonable shall not affect the
validity of the agreement between the released and releasing
persons nor shall any adjustment be made in the amount paid
between the parties to the agreement. [1987 c 212 § 1901;
1981 c 27 § 14.]
4.22.070 Percentage of fault—Determination—
Exception—Limitations. (1) In all actions involving fault
of more than one entity, the trier of fact shall determine the
percentage of the total fault which is attributable to every
entity which caused the claimant’s damages except entities
immune from liability to the claimant under Title 51 RCW.
The sum of the percentages of the total fault attributed to atfault entities shall equal one hundred percent. The entities
whose fault shall be determined include the claimant or
person suffering personal injury or incurring property
damage, defendants, third-party defendants, entities released
by the claimant, entities with any other individual defense
against the claimant, and entities immune from liability to
the claimant, but shall not include those entities immune
from liability to the claimant under Title 51 RCW. Judgment shall be entered against each defendant except those
who have been released by the claimant or are immune from
liability to the claimant or have prevailed on any other
individual defense against the claimant in an amount which
represents that party’s proportionate share of the claimant’s
total damages. The liability of each defendant shall be
several only and shall not be joint except:
(a) A party shall be responsible for the fault of another
person or for payment of the proportionate share of another
party where both were acting in concert or when a person
was acting as an agent or servant of the party.
(b) If the trier of fact determines that the claimant or
party suffering bodily injury or incurring property damages
was not at fault, the defendants against whom judgment is
entered shall be jointly and severally liable for the sum of
their proportionate shares of the claimants [claimant’s] total
damages.
(2) If a defendant is jointly and severally liable under
one of the exceptions listed in subsections (1)(a) or (1)(b) of
this section, such defendant’s rights to contribution against
another jointly and severally liable defendant, and the effect
[Title 4 RCW—page 15]
4.22.070
Title 4 RCW: Civil Procedure
of settlement by either such defendant, shall be determined
under RCW 4.22.040, 4.22.050, and 4.22.060.
(3)(a) Nothing in this section affects any cause of action
relating to hazardous wastes or substances or solid waste
disposal sites.
(b) Nothing in this section shall affect a cause of action
arising from the tortious interference with contracts or
business relations.
(c) Nothing in this section shall affect any cause of
action arising from the manufacture or marketing of a
fungible product in a generic form which contains no clearly
identifiable shape, color, or marking. [1993 c 496 § 1; 1986
c 305 § 401.]
Effective date—1993 c 496: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 496 § 3.]
Application—1993 c 496: "This act applies to all causes of action
that the parties have not settled or in which judgment has not been entered
prior to July 1, 1993." [1993 c 496 § 4.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
4.22.080 Year 2000 failure—Actions against agency
or public service provider—Definitions. (Expires December 31, 2009.) (1) The definitions in this section apply
throughout this section and RCW 4.24.650, 48.18.560,
51.04.140, and 82.32.420.
(a) "Agency" means any state or local government
board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or
judicial branch, including elective and legislative offices,
institutions of higher education created and supported by
state government, counties, cities, towns, special purpose
districts, local service districts, municipal corporations,
quasi-municipal corporations, and political subdivisions of
such agencies and corporations, and any officer, employee,
or agent of these entities acting within the scope of the
officer, employee, or agent’s employment or duties. "Agency" does not include municipal electric or gas utilities
formed under Title 35 RCW or electric public utility districts
formed under Title 54 RCW.
(b) "Electric cooperative utility" means any nonprofit,
member-owned cooperative organized under chapter 23.86
RCW and engaged in the business of distributing electric
energy in the state.
(c) "Electric mutual utility" means any nonprofit,
member-owned corporation or association organized under
chapter 24.06 RCW and engaged in the business of distributing electric energy in the state.
(d) "Electronic computing device" means any computer
hardware or software, computer chip, embedded chip,
process control equipment, or other information system used
to capture, store, manipulate, or process data, or that controls, monitors, or assists in the operation of physical
apparatus that is not primarily used as a computer, but that
relies on automation or digital technology to function,
including but not limited to vehicles, vessels, buildings,
structures, facilities, elevators, medical equipment, traffic
signals, factory machinery, and the like.
(e) "Public service provider" means any municipal
electric or gas utility formed under Title 35 RCW, electric
[Title 4 RCW—page 16]
public utility district formed under Title 54 RCW, electrical
company, as defined in RCW 80.04.010, gas company, as
defined in RCW 80.04.010, electric cooperative utility, and
electric mutual utility.
(f) "Year 2000 failure" means with respect to an
electronic computing device, a computing failure that
prevents such electronic computing device from accurately
interpreting, producing, computing, generating, accounting
for, processing, calculating, comparing, or sequencing date
or time data from, into, or between the years 1999 and 2000,
or with regard to leap year calculations.
(2) In any action against an agency or public service
provider, whether based in tort, contract, or otherwise, for
damages caused in whole or in part by computational or
interpretive errors generated by an electronic computing
device in connection with a year 2000 failure:
(a) Any liability shall be several, not joint, and the
liability shall be determined as a percentage of fault in a
manner consistent with RCW 4.22.070; and
(b) Agencies as defined in this section shall have no
liability for the first one hundred dollars of damages per
claimant that would otherwise be owed by the agency.
(3) This section shall not apply to any action for
damages arising from bodily personal injury, or to wrongful
death and survival actions under chapter 4.20 RCW or RCW
4.24.010.
(4) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(5) This section expires December 31, 2009. [1999 c
369 § 1.]
Effective date—1999 c 369: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 17, 1999]." [1999 c 369 § 7.]
4.22.900 Effective date—1973 1st ex.s. c 138. This
act takes effect as of 12:01 a.m. on April 1, 1974. [1973 1st
ex.s. c 138 § 3.]
4.22.910 Severability—1973 1st ex.s. c 138. If any
provision of this act or the application thereof to any person
or circumstance is held unconstitutional, the remainder of
this act and the application of such provisions to other
persons or circumstances shall not be affected thereby, and
it shall be conclusively presumed that the legislature would
have enacted the remainder of this act without such invalid
or unconstitutional provision. [1973 1st ex.s. c 138 § 4.]
4.22.911 Severability—1981 c 27. If any provision
of this amendatory act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 27 § 18.]
4.22.920 Applicability—1981 c 27. (1) Chapter 27,
Laws of 1981 shall apply to all claims arising on or after
July 26, 1981.
(2) Notwithstanding subsection (1) of this section, RCW
4.22.040, 4.22.050, and 4.22.060 shall also apply to all
actions in which trial on the underlying action has not taken
place prior to July 26, 1981, except that there is no right of
(2002 Ed.)
Contributory Fault—Effect—Imputation—Contribution—Settlement Agreements
contribution in favor of or against any party who has, prior
to July 26, 1981, entered into a release, covenant not to sue,
covenant not to enforce judgment, or similar agreement with
the claimant. [1982 c 100 § 2; 1981 c 27 § 15.]
4.24.280
Severability—1982 c 100: See note following RCW 4.22.040.
4.24.295
4.22.925 Applicability—1981 c 27 § 17. In accordance with section 15(1), chapter 27, Laws of 1981, the
repeal of RCW 4.22.010 by section 17, chapter 27, Laws of
1981 applies only to claims arising on or after July 26, 1981.
RCW 4.22.010 shall continue to apply to claims arising prior
to July 26, 1981. [1982 c 100 § 3.]
Severability—1982 c 100: See note following RCW 4.22.040.
4.24.290
4.24.300
4.24.310
4.24.312
4.24.314
4.24.316
4.24.320
Chapter 4.24
SPECIAL RIGHTS OF ACTION AND
SPECIAL IMMUNITIES
Sections
4.24.005
4.24.010
4.24.020
4.24.040
4.24.050
4.24.060
4.24.070
4.24.080
4.24.090
4.24.115
4.24.130
4.24.140
4.24.141
4.24.150
4.24.160
4.24.170
4.24.180
4.24.190
4.24.200
4.24.210
4.24.220
4.24.230
4.24.235
4.24.240
4.24.250
4.24.260
4.24.264
4.24.270
(2002 Ed.)
Tort actions—Attorneys’ fees—Determination of reasonableness.
Action for injury or death of child.
Action by parent for seduction of child.
Action for negligently permitting fire to spread.
Kindling of fires by persons driving lumber.
Application of common law.
Recovery of money lost at gambling.
Action to recover leased premises used for gambling.
Validity of evidence of gambling debt.
Validity of agreement to indemnify against liability for
negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real
estate.
Action for change of name—Fees.
Action by another state to enforce tax liability.
Action by another state to enforce tax liability—"Taxes"
defined.
Action for fines or forfeitures.
Action for penalty—Amount of recovery.
Judgment for penalty or forfeiture—Effect of collusion.
Disposition of fines, fees, penalties and forfeitures—Venue.
Action against parent for willful injury to person or property
by minor—Monetary limitation—Common law liability
preserved.
Liability of owners or others in possession of land and water
areas for injuries to recreation users—Purpose.
Liability of owners or others in possession of land and water
areas for injuries to recreation users—Limitation.
Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
Liability for conversion of goods or merchandise from store
or mercantile establishment, leaving restaurant or hotel
or motel without paying—Adults, minors—Parents,
guardians—Notice.
Physicians—Immunity from liability regarding safety belts.
Persons licensed to provide health care or related services,
employees, hospitals, clinics, etc.—Professional review
committee, society, examining, licensing or disciplinary
board members, etc.—Immunity from civil suit.
Health care provider filing charges or presenting evidence—
Immunity—Records, members, employees, etc., of review committees or boards not subject to process.
Physicians, dentists, or pharmacists filing charges or presenting evidence before commissions or board—Immunity.
Boards of directors or officers of nonprofit corporations—
Liability—Limitations.
Physician or hospital rendering emergency care—Immunity
from civil liability.
4.24.350
4.24.360
4.24.370
4.24.380
4.24.400
4.24.405
4.24.410
4.24.420
4.24.450
4.24.460
4.24.470
4.24.480
4.24.490
4.24.500
4.24.510
4.24.520
4.24.530
4.24.540
4.24.550
4.24.5501
4.24.5502
4.24.551
4.24.555
4.24.556
4.22.920
Acts or omissions of physician’s trained mobile intensive
care paramedic—Immunity from liability.
Action for damages based on professional negligence of
hospitals or members of healing arts—Standard of
proof—Evidence—Exception.
Special action for injuries resulting from health care, special
procedure.
Persons rendering emergency care or transportation—
Immunity from liability—Exclusion.
Persons rendering emergency care or transportation—
Definitions.
Person rendering emergency aid in hazardous materials incident—Immunity from liability—Limitations.
Person causing hazardous materials incident—Responsibility
for incident clean-up—Liability.
Emergency care, rescue, assistance, or recovery services in
mine rescue or recovery work—Immunity from liability.
Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock—
Treble damages, attorney’s fees.
Actions for damages that are false, unfounded, malicious,
without probable cause, or part of conspiracy—Action,
claim, or counterclaim by judicial officer, prosecuting
authority, or law enforcement officer for malicious
prosecution—Damages and costs—Attorneys’ fees—
Definitions.
Construction contract provision waiving, releasing, etc.,
rights of contractor, etc., to damages or adjustment for
unreasonable delay caused by contractee, etc.—Declared
void and unenforceable—Exceptions.
Construction contract provision waiving, releasing, etc.,
rights of contractor, etc., to damages or adjustment for
unreasonable delay caused by contractee, etc.—
"Construction contract" defined.
Construction contract provision waiving, releasing, etc.,
rights of contractor, etc., to damages or adjustment for
unreasonable delay caused by contractee, etc.—
Prospective application of RCW 4.24.360.
Building warden assisting others to evacuate building or
attempting to control hazard—Immunity from liability.
Action for malicious harassment of another because of race,
color, religion, ancestry or national origin.
Dog handler using dog in line of duty—Immunity.
Action by person committing a felony—Defense—Actions
under 42 U.S.C. Sec. 1983.
Liability of operators for nuclear incidents—Definitions.
Liability of operators for nuclear incidents—Presumption of
operator negligence—Rebuttal—Recovery for negligence
or against other parties not limited by section.
Liability of officials and members of governing body of
public agency—Definitions.
Liability of members of state hazardous materials planning
committee and local emergency planning committees.
Indemnification of state employees.
Good faith communication to government agency—
Legislative findings—Purpose.
Communication to government agency or self-regulatory
organization—Immunity from civil liability.
Good faith communication to government agency—When
agency or attorney general may defend against lawsuit—
Costs and fees.
Limitations on liability for equine activities—Definitions.
Limitations on liability for equine activities—Exceptions.
Sex offenders and kidnapping offenders—Release of information to public—Web site.
Sex offenders—Model policy for disclosure by law enforcement agencies—Development by Washington association of sheriffs and police chiefs.
Sex offenders—Consistent approach to risk assessment by
agencies to implement 1997 c 364.
Law enforcement response to secure community transition
facility—Limitation on liability.
Release of information not restricted by pending appeal,
petition, or writ.
Sex offender treatment providers—Limited liability—
Responsibilities.
[Title 4 RCW—page 17]
Chapter 4.24
Title 4 RCW: Civil Procedure
4.24.560
4.24.570
4.24.575
Defense to action for injury caused by indoor air pollutants.
Acts against animals in research or educational facilities.
Acts against animals kept for agricultural or veterinary purposes.
4.24.580
Acts against animal facilities—Injunction.
4.24.590
Liability of foster parents.
4.24.601
Hazards to the public—Information—Legislative findings,
policy, intent.
4.24.611
Product liability/hazardous substance claims—Public right to
information—Confidentiality—Damages, costs,
attorneys’ fees—Repeal.
4.24.630
Liability for damage to land and property—Damages—
Costs—Attorneys’ fees—Exceptions.
4.24.640
Firearm safety program liability.
4.24.650
Year 2000 failure—Affirmative defense to contract action.
4.24.660
Liability of school districts under contracts with youth programs.
4.24.670
Liability of volunteers of nonprofit or governmental entities.
4.24.680
Unlawful release of court and law enforcement employee
information.
4.24.690
Unlawful release of court and law enforcement employee
information—Court action to prevent.
4.24.700
Unlawful release of court and law enforcement employee
information—Damages, fees, and costs.
Action for money damages due to gambling violations: RCW 9.46.200.
Arson reporting immunity act: Chapter 48.50 RCW.
Consent to treatment of minor for sexually transmitted disease, liability:
RCW 70.24.110.
Food donation and distribution, limitation of liability: Chapter 69.80 RCW.
Malpractice insurance for retired physicians providing health care services:
RCW 43.70.460.
Special proceedings and actions: Title 7 RCW.
4.24.005 Tort actions—Attorneys’ fees—
Determination of reasonableness. Any party charged with
the payment of attorney’s fees in any tort action may petition
the court not later than forty-five days of receipt of a final
billing or accounting for a determination of the reasonableness of that party’s attorneys’ fees. The court shall make
such a determination and shall take into consideration the
following:
(1) The time and labor required, the novelty and
difficulty of the questions involved, and the skill requisite to
perform the legal service properly;
(2) The likelihood, if apparent to the client, that the
acceptance of the particular employment will preclude other
employment by the lawyer;
(3) The fee customarily charged in the locality for
similar legal services;
(4) The amount involved and the results obtained;
(5) The time limitations imposed by the client or by the
circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer
or lawyers performing the services;
(8) Whether the fee is fixed or contingent;
(9) Whether the fixed or contingent fee agreement was
in writing and whether the client was aware of his or her
right to petition the court under this section;
(10) The terms of the fee agreement. [1987 c 212 §
1601; 1986 c 305 § 201.]
Application—1987 c 212 § 1601: "Section 1601 of this act applies
to agreements for attorneys’ fees entered into after April 29, 1987." [1987
c 212 § 1602.]
[Title 4 RCW—page 18]
Application—1986 c 305 § 201: "Section 201 of this act applies to
agreements for attorney’s fees entered into after June 11, 1986." [1986 c
305 § 202.]
Preamble—Report to legislature—Severability—1986 c 305: See
notes following RCW 4.16.160.
4.24.010 Action for injury or death of child. A
mother or father, or both, who has regularly contributed to
the support of his or her minor child, and the mother or
father, or both, of a child on whom either, or both, are
dependent for support may maintain or join as a party an
action as plaintiff for the injury or death of the child.
This section creates only one cause of action, but if the
parents of the child are not married, are separated, or not
married to each other damages may be awarded to each
plaintiff separately, as the trier of fact finds just and equitable.
If one parent brings an action under this section and the
other parent is not named as a plaintiff, notice of the
institution of the suit, together with a copy of the complaint,
shall be served upon the other parent: PROVIDED, That
notice shall be required only if parentage has been duly
established.
Such notice shall be in compliance with the statutory
requirements for a summons. Such notice shall state that the
other parent must join as a party to the suit within twenty
days or the right to recover damages under this section shall
be barred. Failure of the other parent to timely appear shall
bar such parent’s action to recover any part of an award
made to the party instituting the suit.
In such an action, in addition to damages for medical,
hospital, medication expenses, and loss of services and
support, damages may be recovered for the loss of love and
companionship of the child and for injury to or destruction
of the parent-child relationship in such amount as, under all
the circumstances of the case, may be just. [1998 c 237 §
2; 1973 1st ex.s. c 154 § 4; 1967 ex.s. c 81 § 1; 1927 c 191
§ 1; Code 1881 § 9; 1877 p 5 § 9; 1873 p 5 § 10; 1869 p 4
§ 9; RRS § 184.]
Intent—1998 c 237: "It is the intent of this act to address the
constitutional issue of equal protection addressed by the Washington state
supreme court in Guard v. Jackson, 132 Wn.2d 660 (1997). The legislature
intends to provide a civil cause of action for wrongful injury or death of a
minor child to a mother or father, or both, if the mother or father has had
significant involvement in the child’s life, including but not limited to,
emotional, psychological, or financial support." [1998 c 237 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
4.24.020 Action by parent for seduction of child. A
father or mother, may maintain an action as plaintiff for the
seduction of a child, and the guardian for the seduction of a
ward, though the child or the ward be not living with or in
the service of the plaintiff at the time of the seduction or
afterwards, and there be no loss of service. [1973 1st ex.s.
c 154 § 5; Code 1881 § 10; 1877 p 5 § 10; 1869 p 4 § 10;
RRS § 185.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
4.24.040 Action for negligently permitting fire to
spread. If any person shall for any lawful purpose kindle a
fire upon his own land, he shall do it at such time and in
(2002 Ed.)
Special Rights of Action and Special Immunities
such manner, and shall take such care of it to prevent it from
spreading and doing damage to other persons’ property, as
a prudent and careful man would do, and if he fails so to do
he shall be liable in an action on the case to any person
suffering damage thereby to the full amount of such damage.
[Code 1881 § 1226; 1877 p 300 § 3; RRS § 5647.]
Reviser’s note: The words "on the case" appear in the 1877 law and
in the 1881 enrolled bill but were inadvertently omitted from the printed
Code of 1881. See also Pettigrew v. McCoy, 138 Wash. 619.
Arson, reckless burning, and malicious mischief: Chapter 9A.48 RCW.
4.24.050 Kindling of fires by persons driving
lumber. Persons engaged in driving lumber upon any
waters or streams of this state, may kindle fires when
necessary for the purposes in which they are engaged, but
shall be bound to use the utmost caution to prevent the same
from spreading and doing damage; and if they fail so to do,
they shall be subject to all liabilities and penalties of RCW
4.24.040, 4.24.050, and 4.24.060, in the same manner as if
the privilege granted by this section had not been allowed.
[1983 c 3 § 4; Code 1881 § 1228; 1877 p 300 § 5; RRS §
5648.]
4.24.060 Application of common law. The common
law right to an action for damages done by fires, is not taken
away or diminished by RCW 4.24.040, 4.24.050, and
4.24.060, but it may be pursued; but any person availing
himself of the provisions of RCW 4.24.040, shall be barred
of his action at common law for the damage so sued for, and
no action shall be brought at common law for kindling fires
in the manner described in RCW 4.24.050; but if any such
fires shall spread and do damage, the person who kindled the
same and any person present and concerned in driving such
lumber, by whose act or neglect such fire is suffered to
spread and do damage shall be liable in an action on the
case for the amount of damages thereby sustained. [1983 c
3 § 5; Code 1881 § 1229; 1877 p 300 § 6; RRS § 5649.]
4.24.070 Recovery of money lost at gambling. All
persons losing money or anything of value at or on any
illegal gambling games shall have a cause of action to
recover from the dealer or player winning, or from the
proprietor for whose benefit such game was played or dealt,
or such money or things of value won, the amount of the
money or the value of the thing so lost. [1957 c 7 § 2;
Code 1881 § 1255; 1879 p 98 § 3; RRS § 5851.]
Gambling: Chapter 9.46 RCW.
4.24.080 Action to recover leased premises used for
gambling. It shall be lawful for any person letting or
renting any house, room, shop or other building whatsoever,
or any boat, booth, garden, or other place, which shall, at
any time, be used by the lessee or occupant thereof, or any
other person, with his knowledge or consent, for gambling
purposes, upon discovery thereof, to avoid and terminate
such lease, or contract of occupancy, and to recover immediate possession of the premises by an action at law for that
purpose. [1957 c 7 § 3; Code 1881 § 1257; 1879 p 98 § 5;
RRS § 5852.]
(2002 Ed.)
4.24.040
4.24.090 Validity of evidence of gambling debt. All
notes, bills, bonds, mortgages, or other securities, or other
conveyances, the consideration for which shall be money, or
other things of value, won by playing at any unlawful game,
shall be void and of no effect, as between the parties thereto
and all other persons, except holders in good faith, without
notice of the illegality of such contract or conveyance.
[1957 c 7 § 4; Code 1881 § 1254; 1879 p 98 § 2; RRS §
5853.]
4.24.115 Validity of agreement to indemnify against
liability for negligence relative to construction, alteration,
improvement, etc., of structure or improvement attached
to real estate. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract
or agreement relative to the construction, alteration, repair,
addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation,
or other structure, project, development, or improvement
attached to real estate, including moving and demolition in
connection therewith, purporting to indemnify against
liability for damages arising out of bodily injury to persons
or damage to property:
(1) Caused by or resulting from the sole negligence of
the indemnitee, his agents or employees is against public
policy and is void and unenforceable;
(2) Caused by or resulting from the concurrent negligence of (a) the indemnitee or the indemnitee’s agents or
employees, and (b) the indemnitor or the indemnitor’s agents
or employees, is valid and enforceable only to the extent of
the indemnitor’s negligence and only if the agreement
specifically and expressly provides therefor, and may waive
the indemnitor’s immunity under industrial insurance, Title
51 RCW, only if the agreement specifically and expressly
provides therefor and the waiver was mutually negotiated by
the parties. This subsection applies to agreements entered
into after June 11, 1986. [1986 c 305 § 601; 1967 ex.s. c 46
§ 2.]
Preamble—Report to legislature—Severability—1986 c 305: See
notes following RCW 4.16.160.
4.24.130 Action for change of name—Fees. (1) Any
person desiring a change of his or her name or that of his or
her child or ward, may apply therefor to the district court of
the judicial district in which he or she resides, by petition
setting forth the reasons for such change; thereupon such
court in its discretion may order a change of the name and
thenceforth the new name shall be in place of the former.
(2) An offender under the jurisdiction of the department
of corrections who applies to change his or her name under
subsection (1) of this section shall submit a copy of the
application to the department of corrections not fewer than
five days before the entry of an order granting the name
change. No offender under the jurisdiction of the department of corrections at the time of application shall be
granted an order changing his or her name if the court finds
that doing so will interfere with legitimate penological
interests, except that no order shall be denied when the name
change is requested for religious or legitimate cultural
reasons or in recognition of marriage or dissolution of
marriage. An offender under the jurisdiction of the depart[Title 4 RCW—page 19]
4.24.130
Title 4 RCW: Civil Procedure
ment of corrections who receives an order changing his or
her name shall submit a copy of the order to the department
of corrections within five days of the entry of the order.
Violation of this subsection is a misdemeanor.
(3) A sex offender subject to registration under RCW
9A.44.130 who applies to change his or her name under
subsection (1) of this section shall follow the procedures set
forth in *RCW 9A.44.130(6).
(4) The district court shall collect the fees authorized by
RCW 36.18.010 for filing and recording a name change
order, and transmit the fee and the order to the county
auditor. The court may collect a reasonable fee to cover the
cost of transmitting the order to the county auditor.
(5) Name change petitions may be filed and shall be
heard in superior court when the person desiring a change of
his or her name or that of his or her child or ward is a
victim of domestic violence as defined in RCW 26.50.010(1)
and the person seeks to have the name change file sealed
due to reasonable fear for his or her safety or that of his or
her child or ward. Upon granting the name change, the
superior court shall seal the file if the court finds that the
safety of the person seeking the name change or his or her
child or ward warrants sealing the file. In all cases filed
under this subsection, whether or not the name change
petition is granted, there shall be no public access to any
court record of the name change filing, proceeding, or order,
unless the name change is granted but the file is not sealed.
[1998 c 220 § 5; 1995 sp.s. c 19 § 14; 1995 c 246 § 34;
1992 c 30 § 1; 1991 c 33 § 5; Code 1881 § 635; 1877 p 132
§ 638; RRS § 998.]
*Reviser’s note: RCW 9A.44.130 was amended by 1999 sp.s. c 6 §
2, changing subsection (6) to subsection (7).
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Severability—1995 c 246: See note following RCW 26.50.010.
Effective date—1991 c 33: See note following RCW 3.66.020.
4.24.140 Action by another state to enforce tax
liability. The courts of the state shall recognize and enforce
the liability for taxes lawfully imposed by the laws of any
other state which extends a like comity in respect to the
liability for taxes lawfully imposed by the laws of this state
and the officials of such state are hereby authorized to bring
an action in all the courts of this state for the collection of
such taxes: PROVIDED, That the courts of this state shall
not recognize claims for such taxes against this state or any
of its political subdivisions: PROVIDED, FURTHER, That
the time limitations upon the bringing of such actions which
may be imposed by the laws of such other state shall not be
tolled by the absence from such state of the person from
whom the taxes are sought. The certificate of the secretary
of state of such other state to the effect that such officials
have the authority to collect the taxes sought to be recovered
by such action shall be conclusive proof of that authority.
[1951 c 166 § 1. FORMER PART OF SECTION: 1951 c
166 § 2 now codified as RCW 4.24.141.]
Limitation of actions: Chapter 4.16 RCW.
[Title 4 RCW—page 20]
4.24.141 Action by another state to enforce tax
liability—"Taxes" defined. The term "taxes" as used in
RCW 4.24.140 shall include:
(1) Any and all tax assessments lawfully made whether
they be based upon a return or other disclosure of the
taxpayer, upon information and belief of the taxing authority,
or otherwise;
(2) Any and all penalties lawfully imposed pursuant to
a tax statute;
(3) Interest charges lawfully added to the tax liability
which constitutes the subject of the action. [1951 c 166 § 2.
Formerly RCW 4.24.140, part.]
4.24.150 Action for fines or forfeitures. Fines and
forfeitures may be recovered by an action at law in the name
of the officer or person to whom they are by law given, or
in the name of the officer or person who by law is authorized to prosecute for them. [Code 1881 § 657; 1869 p 153
§ 597; RRS § 963.]
Limitation of actions: Chapter 4.16 RCW.
4.24.160 Action for penalty—Amount of recovery.
When an action shall be commenced for a penalty, which by
law is not to exceed a certain amount, the action may be
commenced for that amount, and if judgment be given for
the plaintiff, it may be for such amount or less, in the
discretion of the court, in proportion to the offense. [Code
1881 § 658; 1869 p 153 § 598; RRS § 964.]
4.24.170 Judgment for penalty or forfeiture—Effect
of collusion. A recovery of a judgment for a penalty or
forfeiture by collusion between the plaintiff and defendant,
with intent to save the defendant wholly or partially from the
consequences contemplated by law, in case when the penalty
or forfeiture is given wholly or partly to the person who
prosecutes, shall not bar the recovery of the same by another
person. [Code 1881 § 659; 1869 p 153 § 599; RRS § 965.]
4.24.180 Disposition of fines, fees, penalties and
forfeitures—Venue. Fines and forfeitures not specially
granted or otherwise appropriated by law, when recovered,
shall be paid into the school fund of the proper county:
PROVIDED, That all fees, fines, forfeitures and penalties
collected or assessed by a district court because of the
violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended.
Whenever, by the provisions of law, any property real or
personal shall be forfeited to the state, or to any officer for
its use, the action for the recovery of such property may be
commenced in any county where the defendant may be
found or where such property may be. [1987 c 202 § 115;
1969 ex.s. c 199 § 9; Code 1881 § 660; 1869 p 153 § 600;
RRS § 966.]
Intent—1987 c 202: See note following RCW 2.04.190.
Disposition of fines, fees, costs, penalties and forfeitures: RCW 10.82.070.
4.24.190 Action against parent for willful injury to
person or property by minor—Monetary limitation—
Common law liability preserved. The parent or parents of
any minor child under the age of eighteen years who is
(2002 Ed.)
Special Rights of Action and Special Immunities
living with the parent or parents and who shall willfully or
maliciously destroy or deface property, real or personal or
mixed, or who shall willfully and maliciously inflict personal
injury on another person, shall be liable to the owner of such
property or to the person injured in a civil action at law for
damages in an amount not to exceed five thousand dollars.
This section shall in no way limit the amount of recovery
against the parent or parents for their own common law negligence. [1996 c 35 § 2; 1992 c 205 § 116; 1977 ex.s. c 145
§ 1; 1967 ex.s. c 46 § 1; 1961 c 99 § 1.]
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
4.24.200 Liability of owners or others in possession
of land and water areas for injuries to recreation users—
Purpose. The purpose of RCW 4.24.200 and 4.24.210 is to
encourage owners or others in lawful possession and control
of land and water areas or channels to make them available
to the public for recreational purposes by limiting their
liability toward persons entering thereon and toward persons
who may be injured or otherwise damaged by the acts or
omissions of persons entering thereon. [1969 ex.s. c 24 § 1;
1967 c 216 § 1.]
4.24.210 Liability of owners or others in possession
of land and water areas for injuries to recreation users—
Limitation. (1) Except as otherwise provided in subsection
(3) of this section, any public or private landowners or
others in lawful possession and control of any lands whether
designated resource, rural, or urban, or water areas or
channels and lands adjacent to such areas or channels, who
allow members of the public to use them for the purposes of
outdoor recreation, which term includes, but is not limited to,
the cutting, gathering, and removing of firewood by private
persons for their personal use without purchasing the
firewood from the landowner, hunting, fishing, camping,
picnicking, swimming, hiking, bicycling, skateboarding or
other nonmotorized wheel-based activities, hanggliding,
paragliding, the riding of horses or other animals, clam
digging, pleasure driving of off-road vehicles, snowmobiles,
and other vehicles, boating, nature study, winter or water
sports, viewing or enjoying historical, archaeological, scenic,
or scientific sites, without charging a fee of any kind
therefor, shall not be liable for unintentional injuries to such
users.
(2) Except as otherwise provided in subsection (3) of
this section, any public or private landowner or others in
lawful possession and control of any lands whether rural or
urban, or water areas or channels and lands adjacent to such
areas or channels, who offer or allow such land to be used
for purposes of a fish or wildlife cooperative project, or
allow access to such land for cleanup of litter or other solid
waste, shall not be liable for unintentional injuries to any
volunteer group or to any other users.
(3) Any public or private landowner, or others in lawful
possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting,
gathering, and removing of firewood from the land. Nothing
in this section shall prevent the liability of such a landowner
or others in lawful possession and control for injuries
sustained to users by reason of a known dangerous artificial
(2002 Ed.)
4.24.190
latent condition for which warning signs have not been
conspicuously posted. Nothing in RCW 4.24.200 and
4.24.210 limits or expands in any way the doctrine of
attractive nuisance. Usage by members of the public,
volunteer groups, or other users is permissive and does not
support any claim of adverse possession.
(4) For purposes of this section, a license or permit
issued for statewide use under authority of *chapter 43.51
RCW, **Title 75, or Title 77 RCW is not a fee. [1997 c 26
§ 1; 1992 c 52 § 1. Prior: 1991 c 69 § 1; 1991 c 50 § 1;
1980 c 111 § 1; 1979 c 53 § 1; 1972 ex.s. c 153 § 17; 1969
ex.s. c 24 § 2; 1967 c 216 § 2.]
Reviser’s note: *(1) Chapter 43.51 RCW was recodified as chapter
79A.05 RCW pursuant to 1999 c 249 § 1601.
**(2) Title 75 RCW was recodified, repealed, and/or decodified in its
entirety by 2000 c 107. See Comparative Table for Title 75 RCW in the
Table of Disposition of Former RCW Sections, Volume 0.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Snowmobiles: Chapter 46.10 RCW.
4.24.220 Action for being detained on mercantile
establishment premises for investigation—"Reasonable
grounds" as defense. In any civil action brought by reason
of any person having been detained on or in the immediate
vicinity of the premises of a mercantile establishment for the
purpose of investigation or questioning as to the ownership
of any merchandise, it shall be a defense of such action that
the person was detained in a reasonable manner and for not
more than a reasonable time to permit such investigation or
questioning by a peace officer or by the owner of the
mercantile establishment, his authorized employee or agent,
and that such peace officer, owner, employee or agent had
reasonable grounds to believe that the person so detained
was committing or attempting to commit larceny or shoplifting on such premises of such merchandise. As used in this
section, "reasonable grounds" shall include, but not be
limited to, knowledge that a person has concealed possession
of unpurchased merchandise of a mercantile establishment,
and a "reasonable time" shall mean the time necessary to
permit the person detained to make a statement or to refuse
to make a statement, and the time necessary to examine
employees and records of the mercantile establishment
relative to the ownership of the merchandise. [1967 c 76 §
3.]
Theft and robbery: Chapter 9A.56 RCW.
4.24.230 Liability for conversion of goods or
merchandise from store or mercantile establishment,
leaving restaurant or hotel or motel without paying—
Adults, minors—Parents, guardians—Notice. (1) An adult
or emancipated minor who takes possession of any goods,
wares, or merchandise displayed or offered for sale by any
wholesale or retail store or other mercantile establishment
without the consent of the owner or seller, and with the
intention of converting such goods, wares, or merchandise to
his own use without having paid the purchase price thereof
shall be liable in addition to actual damages, for a penalty to
the owner or seller in the amount of the retail value thereof
not to exceed one thousand dollars, plus an additional
penalty of not less than one hundred dollars nor more than
two hundred dollars, plus all reasonable attorney’s fees and
[Title 4 RCW—page 21]
4.24.230
Title 4 RCW: Civil Procedure
court costs expended by the owner or seller. A customer
who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves
without paying, is subject to liability under this section. A
person who shall receive any food, money, credit, lodging,
or accommodation at any hotel, motel, boarding house, or
lodging house, and then leaves without paying the proprietor,
manager, or authorized employee thereof, is subject to
liability under this section.
(2) The parent or legal guardian having the custody of
an unemancipated minor who takes possession of any goods,
wares, or merchandise displayed or offered for sale by any
wholesale or retail store or other mercantile establishment
without the consent of the owner or seller and with the
intention of converting such goods, wares, or merchandise to
his own use without having paid the purchase price thereof,
shall be liable as a penalty to the owner or seller for the
retail value of such goods, wares, or merchandise not to
exceed five hundred dollars plus an additional penalty of not
less than one hundred dollars nor more than two hundred
dollars, plus all reasonable attorney’s fees and court costs
expended by the owner or seller. The parent or legal guardian having the custody of an unemancipated minor, who
orders a meal in a restaurant or other eating establishment,
receives at least a portion thereof, and then leaves without
paying, is subject to liability under this section. The parent
or legal guardian having the custody of an unemancipated
minor, who receives any food, money, credit, lodging, or
accommodation at any hotel, motel, boarding house, or
lodging house, and then leaves without paying the proprietor,
manager, or authorized employee thereof, is subject to liability under this section. For the purposes of this subsection,
liability shall not be imposed upon any governmental entity,
private agency, or foster parent assigned responsibility for
the minor child pursuant to court order or action of the
department of social and health services.
(3) Judgments and claims arising under this section may
be assigned.
(4) A conviction for violation of chapter 9A.56 RCW
shall not be a condition precedent to maintenance of a civil
action authorized by this section.
(5) An owner or seller demanding payment of a penalty
under subsection (1) or (2) of this section shall give written
notice to the person or persons from whom the penalty is
sought. The notice shall state:
"IMPORTANT NOTICE: The payment of any penalty
demanded of you does not prevent criminal prosecution
under a related criminal provision."
This notice shall be boldly and conspicuously displayed,
in at least the same size type as is used in the demand, and
shall be sent with the demand for payment of a penalty
described in subsection (1) or (2) of this section. [1994 c 9
§ 1; 1987 c 353 § 1; 1981 c 126 § 1; 1977 ex.s. c 134 § 1;
1975 1st ex.s. c 59 § 1.]
Obtaining food from restaurant without paying: RCW 19.48.110.
4.24.235 Physicians—Immunity from liability
regarding safety belts. A licensed physician shall not be
liable for civil damages resulting directly or indirectly from
providing, or refusing to provide, a written verification that
[Title 4 RCW—page 22]
a person under that physician’s care us [is] unable to wear
an automotive safety belt. [1986 c 152 § 2.]
Safety belts, use required: RCW 46.61.688.
4.24.240 Persons licensed to provide health care or
related services, employees, hospitals, clinics, etc.—
Professional review committee, society, examining,
licensing or disciplinary board members, etc.—Immunity
from civil suit. (1)(a) A person licensed by this state to
provide health care or related services, including, but not
limited to, a licensed acupuncturist, a physician, osteopathic
physician, dentist, nurse, optometrist, podiatric physician and
surgeon, chiropractor, physical therapist, psychologist,
pharmacist, optician, physician’s assistant, osteopathic
physician’s assistant, nurse practitioner, including, in the
event such person is deceased, his or her estate or personal
representative;
(b) An employee or agent of a person described in
subparagraph (a) of this subsection, acting in the course and
scope of his or her employment, including, in the event such
employee or agent is deceased, his or her estate or personal
representative; or
(c) An entity, whether or not incorporated, facility, or
institution employing one or more persons described in
subparagraph (a) of this subsection, including, but not
limited to, a hospital, clinic, health maintenance organization,
or nursing home; or an officer, director, trustee, employee,
or agent thereof acting in the course and scope of his or her
employment, including in the event such officer, director,
employee, or agent is deceased, his or her estate or personal
representative;
shall be immune from civil action for damages arising out of
the good faith performance of their duties on such committees, where such actions are being brought by or on behalf
of the person who is being evaluated.
(2) No member, employee, staff person, or investigator
of a professional review committee shall be liable in a civil
action as a result of acts or omissions made in good faith on
behalf of the committee; nor shall any person be so liable for
filing charges with or supplying information or testimony in
good faith to any professional review committee; nor shall
a member, employee, staff person, or investigator of a
professional society, of a professional examining or licensing
board, of a professional disciplinary board, of a governing
board of any institution, or of any employer of professionals
be so liable for good faith acts or omissions made in full or
partial reliance on recommendations or decisions of a
professional review committee or examining board. [1995
c 323 § 1; 1985 c 326 § 25; 1975-’76 2nd ex.s. c 56 § 4;
1975 1st ex.s. c 114 § 1; 1969 ex.s. c 157 § 1.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
4.24.250 Health care provider filing charges or
presenting evidence—Immunity—Records, members,
employees, etc., of review committees or boards not
subject to process. Any health care provider as defined in
RCW 7.70.020 (1) and (2) as now existing or hereafter
amended who, in good faith, files charges or presents
evidence against another member of their profession based
on the claimed incompetency or gross misconduct of such
(2002 Ed.)
Special Rights of Action and Special Immunities
person before a regularly constituted review committee or
board of a professional society or hospital whose duty it is
to evaluate the competency and qualifications of members of
the profession, including limiting the extent of practice of
such person in a hospital or similar institution, or before a
regularly constituted committee or board of a hospital whose
duty it is to review and evaluate the quality of patient care,
shall be immune from civil action for damages arising out of
such activities. The proceedings, reports, and written records
of such committees or boards, or of a member, employee,
staff person, or investigator of such a committee or board,
shall not be subject to subpoena or discovery proceedings in
any civil action, except actions arising out of the recommendations of such committees or boards involving the restriction or revocation of the clinical or staff privileges of a
health care provider as defined above. [1981 c 181 § 1;
1979 c 17 § 1; 1977 c 68 § 1; 1975 1st ex.s. c 114 § 2;
1971 ex.s. c 144 § 1.]
4.24.260 Physicians, dentists, or pharmacists filing
charges or presenting evidence before commissions or
board—Immunity. Physicians licensed under chapter 18.71
RCW, dentists licensed under chapter 18.32 RCW, and
pharmacists licensed under chapter 18.64 RCW who, in good
faith, file charges or present evidence against another
member of their profession based on the claimed incompetency or gross misconduct of such person before the medical
quality assurance commission established under chapter
18.71 RCW, in a proceeding under chapter 18.32 RCW, or
to the board of pharmacy under RCW 18.64.160 shall be
immune from civil action for damages arising out of such
activities. [1994 sp.s. c 9 § 701; 1975 1st ex.s. c 114 § 3;
1971 ex.s. c 144 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
4.24.264 Boards of directors or officers of nonprofit
corporations—Liability—Limitations. (1) Except as
provided in subsection (2) of this section, a member of the
board of directors or an officer of any nonprofit corporation
is not individually liable for any discretionary decision or
failure to make a discretionary decision within his or her
official capacity as director or officer unless the decision or
failure to decide constitutes gross negligence.
(2) Nothing in this section shall limit or modify in any
manner the duties or liabilities of a director or officer of a
corporation to the corporation or the corporation’s members.
[1987 c 212 § 1101; 1986 c 305 § 903.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
4.24.270 Physician or hospital rendering emergency
care—Immunity from civil liability. See RCW 18.71.220.
4.24.280 Acts or omissions of physician’s trained
mobile intensive care paramedic—Immunity from
liability. See RCW 18.71.210.
4.24.290 Action for damages based on professional
negligence of hospitals or members of healing arts—
Standard of proof—Evidence—Exception. In any civil
(2002 Ed.)
4.24.250
action for damages based on professional negligence against
a hospital which is licensed by the state of Washington or
against the personnel of any such hospital, or against a
member of the healing arts including, but not limited to, an
acupuncturist licensed under chapter 18.06 RCW, a physician
licensed under chapter 18.71 RCW, an osteopathic physician
licensed under chapter 18.57 RCW, a chiropractor licensed
under chapter 18.25 RCW, a dentist licensed under chapter
18.32 RCW, a podiatric physician and surgeon licensed
under chapter 18.22 RCW, or a nurse licensed under chapter
18.79 RCW, the plaintiff in order to prevail shall be required
to prove by a preponderance of the evidence that the
defendant or defendants failed to exercise that degree of
skill, care, and learning possessed at that time by other
persons in the same profession, and that as a proximate
result of such failure the plaintiff suffered damages, but in
no event shall the provisions of this section apply to an
action based on the failure to obtain the informed consent of
a patient. [1995 c 323 § 2; 1994 sp.s. c 9 § 702; 1985 c 326
§ 26; 1983 c 149 § 1; 1975 1st ex.s. c 35 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Limitations of actions for injuries resulting from health care or related
services: RCW 4.16.350.
4.24.295 Special action for injuries resulting from
health care, special procedure. See chapter 7.70 RCW.
4.24.300 Persons rendering emergency care or
transportation—Immunity from liability—Exclusion.
Any person, including but not limited to a volunteer provider
of emergency or medical services, who without compensation or the expectation of compensation renders emergency
care at the scene of an emergency or who participates in
transporting, not for compensation, therefrom an injured
person or persons for emergency medical treatment shall not
be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. Any
person rendering emergency care during the course of
regular employment and receiving compensation or expecting
to receive compensation for rendering such care is excluded
from the protection of this subsection. [1985 c 443 § 19;
1975 c 58 § 1.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Citizen’s immunity if aiding police officer: RCW 9.01.055.
Infectious disease testing availability: RCW 70.05.180.
4.24.310 Persons rendering emergency care or
transportation—Definitions. For the purposes of RCW
4.24.300 the following words and phrases shall have the
following meanings unless the context clearly requires
otherwise:
(1) "Compensation" has its ordinary meaning but does
not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer parttime and volunteer on-call personnel of fire departments, fire
districts, ambulance districts, police departments, or any
emergency response organizations; or any payment to a
[Title 4 RCW—page 23]
4.24.310
Title 4 RCW: Civil Procedure
person employed as a transit operator who is paid for his or
her regular work, which work does not routinely include
providing emergency care or emergency transportation.
(2) "Emergency care" means care, first aid, treatment,
or assistance rendered to the injured person in need of
immediate medical attention and includes providing or
arranging for further medical treatment or care for the
injured person. Except with respect to the injured person or
persons being transported for further medical treatment or
care, the immunity granted by RCW 4.24.300 does not apply
to the negligent operation of any motor vehicle.
(3) "Scene of an emergency" means the scene of an
accident or other sudden or unexpected event or combination
of circumstances which calls for immediate action. [1989 c
223 § 1; 1987 c 212 § 501; 1985 c 443 § 20; 1975 c 58 §
2.]
4.24.316 Emergency care, rescue, assistance, or
recovery services in mine rescue or recovery work—
Immunity from liability. See RCW 38.52.198.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Infectious disease testing availability: RCW 70.05.180.
*Reviser’s note: RCW 9A.48.080 was amended by 1994 c 261 § 17
deleting subsection (c).
4.24.312 Person rendering emergency aid in
hazardous materials incident—Immunity from liability—
Limitations. See RCW 70.136.050.
4.24.314 Person causing hazardous materials
incident—Responsibility for incident clean-up—Liability.
(1) Any person transporting hazardous materials shall clean
up any hazardous materials incident that occurs during
transportation, and shall take such additional action as may
be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance
with all applicable federal and state laws and regulations.
Any person transporting hazardous materials that is
responsible for causing a hazardous materials incident, as
defined in RCW 70.136.020, other than the operating
employees of a transportation company, is liable to the state
or any political subdivision thereof for extraordinary costs
incurred by the state or the political subdivision in the course
of protecting the public from actual or threatened harm
resulting from the hazardous materials incident.
(2) Any person, other than a person transporting
hazardous materials or an operating employee of a company,
responsible for causing a hazardous materials incident, as
defined in RCW 70.136.020, is liable to a municipal fire
department or fire district for extraordinary costs incurred by
the municipal fire department or fire district, in the course of
protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident
oversight is assumed by the department of ecology.
(3) "Extraordinary costs" as used in this section means
those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property
that exceed the normal and usual expenses anticipated for
police and fire protection, emergency services, and public
works. These shall include, but not be limited to, overtime
for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and
the purchase or lease of any special equipment or services
required to protect the public during the hazardous materials
incident. [1989 c 406 § 1; 1984 c 165 § 3.]
[Title 4 RCW—page 24]
4.24.320 Action by person damaged by malicious
mischief to livestock or by owner damaged by theft of
livestock—Treble damages, attorney’s fees. Any person
who suffers damages as a result of actions described in
*RCW 9A.48.080(c) or any owner of a horse, mule, cow,
heifer, bull, steer, swine, or sheep who suffers damages as
a result of a wilful, unauthorized act described in RCW
9A.56.080 may bring an action against the person or persons
committing the act in a court of competent jurisdiction for
exemplary damages up to three times the actual damages
sustained, plus attorney’s fees. [1979 c 145 § 1; 1977 ex.s.
c 174 § 3.]
4.24.350 Actions for damages that are false, unfounded, malicious, without probable cause, or part of
conspiracy—Action, claim, or counterclaim by judicial
officer, prosecuting authority, or law enforcement officer
for malicious prosecution—Damages and costs—
Attorneys’ fees—Definitions. (1) In any action for damages, whether based on tort or contract or otherwise, a claim or
counterclaim for damages may be litigated in the principal
action for malicious prosecution on the ground that the
action was instituted with knowledge that the same was
false, and unfounded, malicious and without probable cause
in the filing of such action, or that the same was filed as a
part of a conspiracy to misuse judicial process by filing an
action known to be false and unfounded.
(2) In any action, claim, or counterclaim brought by a
judicial officer, prosecuting authority, or law enforcement
officer for malicious prosecution arising out of the performance or purported performance of the public duty of such
officer, an arrest or seizure of property need not be an
element of the claim, nor do special damages need to be
proved. A judicial officer, prosecuting authority, or law
enforcement officer prevailing in such an action may be
allowed an amount up to one thousand dollars as liquidated
damages, together with a reasonable attorneys’ fee, and other
costs of suit. A government entity which has provided legal
services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights
to any award for reasonable attorneys’ fees and other costs,
but shall have no such rights to any liquidated damages
allowed.
(3) No action may be brought against an attorney under
this section solely because of that attorney’s representation
of a party in a lawsuit.
(4) As used in this section:
(a) "Judicial officer" means a justice, judge, magistrate,
or other judicial officer of the state or a city, town, or
county.
(b) "Prosecuting authority" means any officer or
employee of the state or a city, town, or county who is
authorized by law to initiate a criminal or civil proceeding
on behalf of the public.
(2002 Ed.)
Special Rights of Action and Special Immunities
(c) "Law enforcement officer" means a member of the
state patrol, a sheriff or deputy sheriff, or a member of the
police force of a city, town, university, state college, or port
district, or a fish and wildlife officer or ex officio fish and
wildlife officer as defined in RCW 77.08.010. [2001 c 253
§ 1; 1997 c 206 § 1; 1984 c 133 § 2; 1977 ex.s. c 158 § 1.]
Legislative findings—1984 c 133: "The legislature finds that a
growing number of unfounded lawsuits, claims, and liens are filed against
law enforcement officers, prosecuting authorities, and judges, and against
their property, having the purpose and effect of deterring those officers in
the exercise of their discretion and inhibiting the performance of their public
duties.
The legislature also finds that the cost of defending against such
unfounded suits, claims and liens is severely burdensome to such officers,
and also to the state and the various cities and counties of the state. The
purpose of section 2 of this 1984 act is to provide a remedy to those public
officers and to the public." [1984 c 133 § 1.]
Construction—1984 c 133: "The provisions of section 2 of this 1984
act are remedial and shall be liberally construed." [1984 c 133 § 3.]
Severability—1984 c 133: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 133 § 4.]
4.24.360 Construction contract provision waiving,
releasing, etc., rights of contractor, etc., to damages or
adjustment for unreasonable delay caused by contractee,
etc.—Declared void and unenforceable—Exceptions. Any
clause in a construction contract, as defined in RCW
4.24.370, which purports to waive, release, or extinguish the
rights of a contractor, subcontractor, or supplier to damages
or an equitable adjustment arising out of unreasonable delay
in performance which delay is caused by the acts or omissions of the contractee or persons acting for the contractee
is against public policy and is void and unenforceable.
This section shall not be construed to void any provision
in a construction contract, as defined in RCW 4.24.370,
which (1) requires notice of delays, (2) provides for arbitration or other procedure for settlement, or (3) provides for
reasonable liquidated damages. [1979 ex.s. c 264 § 1.]
4.24.370 Construction contract provision waiving,
releasing, etc., rights of contractor, etc., to damages or
adjustment for unreasonable delay caused by contractee,
etc.—"Construction contract" defined. "Construction
contract" for purposes of RCW 4.24.360 means any contract
or agreement for the construction, alteration, repair, addition
to, subtraction from, improvement to, or maintenance of, any
building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real
estate, including moving and demolition in connection
therewith. [1979 ex.s. c 264 § 2.]
4.24.380 Construction contract provision waiving,
releasing, etc., rights of contractor, etc., to damages or
adjustment for unreasonable delay caused by contractee,
etc.—Prospective application of RCW 4.24.360. The
provisions of RCW 4.24.360 shall apply to contracts or
agreements entered into after September 1, 1979. [1979
ex.s. c 264 § 3.]
4.24.400 Building warden assisting others to
evacuate building or attempting to control hazard—
(2002 Ed.)
4.24.350
Immunity from liability. No building warden, who acts in
good faith, with or without compensation, shall be personally
liable for civil damages arising from his or her negligent acts
or omissions during the course of assigned duties in assisting
others to evacuate industrial, commercial, governmental or
multi-unit residential buildings or in attempting to control or
alleviate a hazard to the building or its occupants caused by
fire, earthquake or other threat to life or limb. The term
"building warden" means an individual who is assigned to
take charge of the occupants on a floor or in an area of a
building during an emergency in accordance with a predetermined fire safety or evacuation plan; and/or an individual
selected by a municipal fire chief or the chief of the Washington state patrol, through the director of fire protection,
after an emergency is in progress to assist in evacuating the
occupants of such a building or providing for their safety.
This section shall not apply to any acts or omissions constituting gross negligence or wilful or wanton misconduct.
[1995 c 369 § 2; 1986 c 266 § 79; 1981 c 320 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
4.24.405 Action for malicious harassment of
another because of race, color, religion, ancestry or
national origin. See RCW 9A.36.080.
4.24.410 Dog handler using dog in line of duty—
Immunity. (1) As used in this section:
(a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and
under the control of a dog handler.
(b) "Accelerant detection dog" means a dog used
exclusively for accelerant detection by the state fire marshal
or a fire department and under the control of the state fire
marshal or his or her designee or a fire department handler.
(c) "Dog handler" means a law enforcement officer who
has successfully completed training as prescribed by the
Washington state criminal justice training commission in
police dog handling, or in the case of an accelerant detection
dog, the state fire marshal’s designee or an employee of the
fire department authorized by the fire chief to be the dog’s
handler.
(2) Any dog handler who uses a police dog in the line
of duty in good faith is immune from civil action for
damages arising out of such use of the police dog or accelerant detection dog. [1993 c 180 § 1; 1989 c 26 § 1;
1982 c 22 § 1.]
4.24.420 Action by person committing a felony—
Defense—Actions under 42 U.S.C. Sec. 1983. It is a
complete defense to any action for damages for personal
injury or wrongful death that the person injured or killed was
engaged in the commission of a felony at the time of the
occurrence causing the injury or death and the felony was a
proximate cause of the injury or death. However, nothing in
this section shall affect a right of action under 42 U.S.C.
Sec. 1983. [1987 c 212 § 901; 1986 c 305 § 501.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
[Title 4 RCW—page 25]
4.24.450
Title 4 RCW: Civil Procedure
4.24.450 Liability of operators for nuclear incidents—Definitions. Unless the context clearly requires
otherwise the following definitions apply throughout RCW
4.24.460:
(1) "Nuclear incident" means any occurrence within this
state causing, within or without this state, bodily injury,
sickness, disease or death; loss or damage to property; or
loss of use of property arising out of the resultant radioactive, toxic, explosive, or other hazardous properties of radioactive wastes being stored in or being transported to or
from a waste repository in this state.
(2) "Operator" means the entity or entities that have
been given responsibility for constructing, operating, or
monitoring waste repositories or transporting radioactive
waste and may include the United States and its federal
agencies.
(3) "Radioactive waste" includes, but is not limited to,
high-level radioactive waste, low-level radioactive waste,
transuranic radioactive waste, spent nuclear fuel, and
radioactive defense waste. It does not include de minimis
radioactive waste.
(4) "Spent nuclear fuel" means fuel that has been
withdrawn from a nuclear reactor following irradiation, the
constituent elements of which have not been separated by
reprocessing.
(5) "Waste repository" means any system which is
intended or may be used for the disposal or storage of
radioactive waste including permanent disposal systems,
interim storage systems, monitored retrievable storage
systems, defense waste storage systems, test and evaluation
facilities, or similar systems. [1985 c 275 § 1.]
4.24.460 Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—
Recovery for negligence or against other parties not
limited by section. (1) Operators are liable for failure to
exercise ordinary and reasonable care to protect persons and
property subject to injury in nuclear incidents. In addition,
operators are liable for operational expenses and emergency
purchases incurred by local or state governments in responding to nuclear incidents.
(2) If a nuclear incident occurs, there is a presumption
that the operator of a waste repository was negligent in
constructing, operating, or monitoring the waste repository,
or in transporting radioactive waste, and that the operator
was an actual cause of the nuclear incident. The presumption may be rebutted by a clear and convincing showing by
the operator that the nuclear incident was not the result of
the operator’s negligence and that the operator’s negligence
was not an actual cause of the nuclear incident.
(3) This section does not limit the recovery of parties
injured by a nuclear incident against the operators of a waste
repository under theories of negligence in selecting contractors, failure to retain adequate controls over the waste
repository, vicarious liability for contractors, failure to take
reasonable precautionary measures with respect to inherently
dangerous activities, and other negligence theories. This
section does not limit the recovery of parties injured by a
nuclear incident against parties other than operators of a
waste facility. [1985 c 275 § 2.]
[Title 4 RCW—page 26]
4.24.470 Liability of officials and members of
governing body of public agency—Definitions. (1) An
appointed or elected official or member of the governing
body of a public agency is immune from civil liability for
damages for any discretionary decision or failure to make
a discretionary decision within his or her official capacity,
but liability shall remain on the public agency for the
tortious conduct of its officials or members of the governing
body.
(2) For purposes of this section:
(a) "Public agency" means any state agency, board,
commission, department, institution of higher education,
school district, political subdivision, or unit of local government of this state including but not limited to municipal
corporations, quasi-municipal corporations, special purpose
districts, and local service districts.
(b) "Governing body" means the policy-making body of
a public agency. [1987 c 212 § 401.]
Actions against local government for tortious conduct: Chapter 4.96 RCW.
4.24.480 Liability of members of state hazardous
materials planning committee and local emergency
planning committees. Any person who is appointed by the
state emergency response commission under the authority of
Sec. 301(c) of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. Sec. 11001) to serve
on the state hazardous materials planning committee or a
local emergency planning committee who, in good faith,
assists in the development or review of local plans to
respond to hazardous materials incidents is not liable for
civil damages as a result of any act or omission in the
development, review, or implementation of such plans unless
the act or omission constitutes gross negligence or wilful
misconduct. [1988 c 42 § 15.]
Severability—1988 c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 42 § 19.]
4.24.490 Indemnification of state employees. (1)
The state shall indemnify and hold harmless its employees
in the amount of any judgment obtained or fine levied
against an employee in any state or federal court, or in the
amount of the settlement of a claim, or shall pay the
judgment, fine, or settlement, if the act or omission that gave
rise to the civil or criminal liability was in good faith and
occurred while the employee was acting within the scope of
his or her employment or duties and the employee is being
represented in accordance with RCW 4.92.070.
(2) For purposes of this section "state employee" means
a member of the civil service or an exempt person under
chapter 41.06 RCW, or *higher education personnel under
chapter 28B.16 RCW. [1989 c 413 § 3.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was
recodified as RCW 41.06.382. The powers, duties, and functions of the
state higher education personnel board were transferred to the Washington
personnel resources board. RCW 28B.16.015 and 41.06.382 were
subsequently repealed by 2002 c 354 § 403, effective July 1, 2005.
4.24.500 Good faith communication to government
agency—Legislative findings—Purpose. Information
(2002 Ed.)
Special Rights of Action and Special Immunities
provided by citizens concerning potential wrongdoing is vital
to effective law enforcement and the efficient operation of
government. The legislature finds that the threat of a civil
action for damages can act as a deterrent to citizens who
wish to report information to federal, state, or local agencies.
The costs of defending against such suits can be severely
burdensome. The purpose of RCW 4.24.500 through
4.24.520 is to protect individuals who make good-faith
reports to appropriate governmental bodies. [1989 c 234 §
1.]
4.24.510 Communication to government agency or
self-regulatory organization—Immunity from civil
liability. A person who communicates a complaint or
information to any branch or agency of federal, state, or
local government, or to any self-regulatory organization that
regulates persons involved in the securities or futures
business and that has been delegated authority by a federal,
state, or local government agency and is subject to oversight
by the delegating agency, is immune from civil liability for
claims based upon the communication to the agency or
organization regarding any matter reasonably of concern to
that agency or organization. A person prevailing upon the
defense provided for in this section is entitled to recover
expenses and reasonable attorneys’ fees incurred in establishing the defense and in addition shall receive statutory
damages of ten thousand dollars. Statutory damages may be
denied if the court finds that the complaint or information
was communicated in bad faith. [2002 c 232 § 2; 1999 c 54
§ 1; 1989 c 234 § 2.]
Intent—2002 c 232: "Strategic lawsuits against public participation,
or SLAPP suits, involve communications made to influence a government
action or outcome which results in a civil complaint or counterclaim filed
against individuals or organizations on a substantive issue of some public
interest or social significance. SLAPP suits are designed to intimidate the
exercise of First Amendment rights and rights under Article I, section 5 of
the Washington state Constitution.
Although Washington state adopted the first modern anti-SLAPP law
in 1989, that law has, in practice, failed to set forth clear rules for early
dismissal review. Since that time, the United States supreme court has
made it clear that, as long as the petitioning is aimed at procuring favorable
government action, result, product, or outcome, it is protected and the case
should be dismissed. Chapter 232, Laws of 2002 amends Washington law
to bring it in line with these court decisions which recognizes that the
United States Constitution protects advocacy to government, regardless of
content or motive, so long as it is designed to have some effect on
government decision making." [2002 c 232 § 1.]
4.24.520 Good faith communication to government
agency—When agency or attorney general may defend
against lawsuit—Costs and fees. In order to protect the
free flow of information from citizens to their government,
an agency receiving a complaint or information under RCW
4.24.510 may intervene in and defend against any suit
precipitated by the communication to the agency. In the
event that a local governmental agency does not intervene in
and defend against a suit arising from any communication
protected under chapter 234, Laws of 1989, the office of the
attorney general may intervene in and defend against the
suit. An agency prevailing upon the defense provided for in
RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys’ fees incurred in establishing the defense. If
the agency fails to establish the defense provided for in
RCW 4.24.510, the party bringing the action shall be entitled
(2002 Ed.)
4.24.500
to recover from the agency costs and reasonable attorney’s
fees incurred in proving the defense inapplicable or invalid.
[1989 c 234 § 4.]
4.24.530 Limitations on liability for equine activities—Definitions. Unless the context clearly indicates
otherwise, the definitions in this section apply to RCW
4.24.530, 4.24.540, and section 3, chapter 292, Laws of
1989.
(1) "Equine" means a horse, pony, mule, donkey, or
hinny.
(2) "Equine activity" means: (a) Equine shows, fairs,
competitions, performances, or parades that involve any or
all breeds of equines and any of the equine disciplines,
including, but not limited to, dressage, hunter and jumper
horse shows, grand prix jumping, three-day events, combined
training, rodeos, driving, pulling, cutting, polo,
steeplechasing, endurance trail riding and western games,
and hunting; (b) equine training and/or teaching activities;
(c) boarding equines; (d) riding, inspecting, or evaluating an
equine belonging to another whether or not the owner has received some monetary consideration or other thing of value
for the use of the equine or is permitting a prospective
purchaser of the equine to ride, inspect, or evaluate the
equine; and (e) rides, trips, hunts, or other equine activities
of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(3) "Equine activity sponsor" means an individual, group
or club, partnership, or corporation, whether or not the
sponsor is operating for profit or nonprofit, which sponsors,
organizes, or provides the facilities for, an equine activity
including but not limited to: Pony clubs, 4-H clubs, hunt
clubs, riding clubs, school and college sponsored classes and
programs, therapeutic riding programs, and, operators,
instructors, and promoters of equine facilities, including but
not limited to stables, clubhouses, ponyride strings, fairs, and
arenas at which the activity is held.
(4) "Participant" means any person, whether amateur or
professional, who directly engages in an equine activity,
whether or not a fee is paid to participate in the equine
activity.
(5) "Engages in an equine activity" means a person who
rides, trains, drives, or is a passenger upon an equine,
whether mounted or unmounted, and does not mean a
spectator at an equine activity or a person who participates
in the equine activity but does not ride, train, drive, or ride
as a passenger upon an equine.
(6) "Equine professional" means a person engaged for
compensation (a) in instructing a participant or renting to a
participant an equine for the purpose of riding, driving, or
being a passenger upon the equine, or, (b) in renting equipment or tack to a participant. [1989 c 292 § 1.]
Application—1989 c 292 §§ 1 and 2: "Sections 1 and 2 of this act
apply only to causes of action filed on or after July 23, 1989." [1989 c 292
§ 3.]
4.24.540 Limitations on liability for equine activities—Exceptions. (1) Except as provided in subsection (2)
of this section, an equine activity sponsor or an equine
professional shall not be liable for an injury to or the death
of a participant engaged in an equine activity, and, except as
provided in subsection (2) of this section, no participant nor
[Title 4 RCW—page 27]
4.24.540
Title 4 RCW: Civil Procedure
participant’s representative may maintain an action against
or recover from an equine activity sponsor or an equine
professional for an injury to or the death of a participant
engaged in an equine activity.
(2)(a) RCW 4.24.530 and 4.24.540 do not apply to the
horse racing industry as regulated in chapter 67.16 RCW.
(b) Nothing in subsection (1) of this section shall
prevent or limit the liability of an equine activity sponsor or
an equine professional:
(i) If the equine activity sponsor or the equine professional:
(A) Provided the equipment or tack and the equipment
or tack caused the injury; or
(B) Provided the equine and failed to make reasonable
and prudent efforts to determine the ability of the participant
to engage safely in the equine activity, determine the ability
of the equine to behave safely with the participant, and
determine the ability of the participant to safely manage the
particular equine;
(ii) If the equine activity sponsor or the equine professional owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the
participant sustained injuries because of a dangerous latent
condition which was known to or should have been known
to the equine activity sponsor or the equine professional and
for which warning signs have not been conspicuously posted;
(iii) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or
wanton disregard for the safety of the participant and that act
or omission caused the injury;
(iv) If the equine activity sponsor or the equine professional intentionally injures the participant;
(v) Under liability provisions as set forth in the products
liability laws; or
(vi) Under liability provisions in chapter 16.04, *16.13,
or *16.16 RCW. [1989 c 292 § 2.]
*Reviser’s note: Chapters 16.13 and 16.16 RCW were each
recodified and/or repealed in their entirety by 1989 c 286. For disposition
of chapters 16.13 and 16.16 RCW, see Table of Disposition of Former
RCW Sections, Volume 0.
Application—1989 c 292 §§ 1 and 2: See note following RCW
4.24.530.
4.24.550 Sex offenders and kidnapping offenders—
Release of information to public—Web site. (1) In
addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to
the public regarding sex offenders and kidnapping offenders
when the agency determines that disclosure of the information is relevant and necessary to protect the public and
counteract the danger created by the particular offender.
This authorization applies to information regarding: (a) Any
person adjudicated or convicted of a sex offense as defined
in RCW 9A.44.130 or a kidnapping offense as defined by
RCW 9A.44.130; (b) any person under the jurisdiction of the
indeterminate sentence review board as the result of a sex
offense or kidnapping offense; (c) any person committed as
a sexually violent predator under chapter 71.09 RCW or as
a sexual psychopath under chapter 71.06 RCW; (d) any
person found not guilty of a sex offense or kidnapping
offense by reason of insanity under chapter 10.77 RCW; and
(e) any person found incompetent to stand trial for a sex of[Title 4 RCW—page 28]
fense or kidnapping offense and subsequently committed
under chapter 71.05 or 71.34 RCW.
(2) Except for the information specifically required
under subsection (5) of this section, the extent of the public
disclosure of relevant and necessary information shall be
rationally related to: (a) The level of risk posed by the
offender to the community; (b) the locations where the
offender resides, expects to reside, or is regularly found; and
(c) the needs of the affected community members for
information to enhance their individual and collective safety.
(3) Except for the information specifically required
under subsection (5) of this section, local law enforcement
agencies shall consider the following guidelines in determining the extent of a public disclosure made under this
section: (a) For offenders classified as risk level I, the
agency shall share information with other appropriate law
enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or
witness to the offense and to any individual community
member who lives near the residence where the offender
resides, expects to reside, or is regularly found; (b) for
offenders classified as risk level II, the agency may also
disclose relevant, necessary, and accurate information to
public and private schools, child day care centers, family day
care providers, businesses and organizations that serve
primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the
offender resides, expects to reside, or is regularly found; (c)
for offenders classified as risk level III, the agency may also
disclose relevant, necessary, and accurate information to the
public at large; and (d) because more localized notification
is not feasible and homeless and transient offenders may
present unique risks to the community, the agency may also
disclose relevant, necessary, and accurate information to the
public at large for offenders registered as homeless or
transient.
(4) The county sheriff with whom an offender classified
as risk level III is registered shall cause to be published by
legal notice, advertising, or news release a sex offender
community notification that conforms to the guidelines
established under RCW 4.24.5501 in at least one legal
newspaper with general circulation in the area of the sex
offender’s registered address or location. The county sheriff
shall also cause to be published consistent with this subsection a current list of level III registered sex offenders, twice
yearly. Unless the information is posted on the web site
described in subsection (5) of this section, this list shall be
maintained by the county sheriff on a publicly accessible
web site and shall be updated at least once per month.
(5)(a) When funded by federal grants or other sources
other than state funds, the Washington association of sheriffs
and police chiefs shall create and maintain a statewide
registered sex offender web site, which shall be available to
the public. The web site shall post all level III registered
sex offenders in the state of Washington. The web site shall
contain, but is not limited to, the registered sex offender’s
name, relevant criminal convictions, address by hundred
block, physical description, and photograph. The web site
shall provide mapping capabilities that display the sex
offender’s address by hundred block on a map. The web
site shall allow citizens to search for registered sex offenders
(2002 Ed.)
Special Rights of Action and Special Immunities
within the state of Washington by county, city, zip code, last
name, type of conviction, and address by hundred block.
(b) Until the implementation of (a) of this subsection,
the Washington association of sheriffs and police chiefs shall
create a web site available to the public that provides
electronic links to county-operated web sites that offer sex
offender registration information.
(6) Local law enforcement agencies that disseminate
information pursuant to this section shall: (a) Review
available risk level classifications made by the department of
corrections, the department of social and health services, and
the indeterminate sentence review board; (b) assign risk level
classifications to all offenders about whom information will
be disseminated; and (c) make a good faith effort to notify
the public and residents at least fourteen days before the
offender is released from confinement or, where an offender
moves from another jurisdiction, as soon as possible after the
agency learns of the offender’s move, except that in no case
may this notification provision be construed to require an
extension of an offender’s release date. The juvenile court
shall provide local law enforcement officials with all relevant
information on offenders allowed to remain in the community in a timely manner.
(7) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470, or
units of local government and its employees, as provided in
RCW 36.28A.010, are immune from civil liability for
damages for any discretionary risk level classification
decisions or release of relevant and necessary information,
unless it is shown that the official, employee, or agency
acted with gross negligence or in bad faith. The immunity
in this section applies to risk level classification decisions
and the release of relevant and necessary information
regarding any individual for whom disclosure is authorized.
The decision of a local law enforcement agency or official
to classify an offender to a risk level other than the one
assigned by the department of corrections, the department of
social and health services, or the indeterminate sentence
review board, or the release of any relevant and necessary
information based on that different classification shall not, by
itself, be considered gross negligence or bad faith. The
immunity provided under this section applies to the release
of relevant and necessary information to other public
officials, public employees, or public agencies, and to the
general public.
(8) Except as may otherwise be provided by law,
nothing in this section shall impose any liability upon a
public official, public employee, or public agency for failing
to release information authorized under this section.
(9) Nothing in this section implies that information
regarding persons designated in subsection (1) of this section
is confidential except as may otherwise be provided by law.
(10) When a local law enforcement agency or official
classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the
offender’s release from confinement, the law enforcement
agency or official shall notify the end of sentence review
committee of [or] the department of social and health
services and submit its reasons supporting the change in
classification. Upon implementation of subsection (5)(a) of
this section, notification of the change shall also be sent to
(2002 Ed.)
4.24.550
the Washington association of sheriffs and police chiefs.
[2002 c 118 § 1. Prior: 2001 c 283 § 2; 2001 c 169 § 2;
1998 c 220 § 6; prior: 1997 c 364 § 1; 1997 c 113 § 2;
1996 c 215 § 1; 1994 c 129 § 2; 1990 c 3 § 117.]
Conflict with federal requirements—2002 c 118: "If any provision
of this act or its application to any person or circumstance is held invalid
due to a conflict with federal law, the conflicting part of this act is
inoperative solely to the extent of the conflict, and such holding does not
affect the operation of the remainder of this act or the application of the
provision to other persons or circumstances." [2002 c 118 § 3.]
Severability—1998 c 220: See note following RCW 9A.44.130.
Severability—1997 c 364: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 364 § 9.]
Findings—1997 c 113: "The legislature finds that offenders who
commit kidnapping offenses against minor children pose a substantial threat
to the well-being of our communities. Child victims are especially
vulnerable and unable to protect themselves. The legislature further finds
that requiring sex offenders to register has assisted law enforcement
agencies in protecting their communities. Similar registration requirements
for offenders who have kidnapped or unlawfully imprisoned a child would
also assist law enforcement agencies in protecting the children in their
communities from further victimization." [1997 c 113 § 1.]
Findings—Intent—1994 c 129: "The legislature finds that members
of the public may be alarmed when law enforcement officers notify them
that a sex offender who is about to be released from custody will live in or
near their neighborhood. The legislature also finds that if the public is
provided adequate notice and information, the community can develop
constructive plans to prepare themselves and their children for the offender’s
release. A sufficient time period allows communities to meet with law
enforcement to discuss and prepare for the release, to establish block
watches, to obtain information about the rights and responsibilities of the
community and the offender, and to provide education and counseling to
their children. Therefore, the legislature intends that when law enforcement
officials decide to notify the public about a sex offender’s pending release
that notice be given at least fourteen days before the offender’s release
whenever possible." [1994 c 129 § 1.]
Finding—Policy—1990 c 3 § 117: "The legislature finds that sex
offenders pose a high risk of engaging in sex offenses even after being
released from incarceration or commitment and that protection of the public
from sex offenders is a paramount governmental interest. The legislature
further finds that the penal and mental health components of our justice
system are largely hidden from public view and that lack of information
from either may result in failure of both systems to meet this paramount
concern of public safety. Overly restrictive confidentiality and liability laws
governing the release of information about sexual predators have reduced
willingness to release information that could be appropriately released under
the public disclosure laws, and have increased risks to public safety.
Persons found to have committed a sex offense have a reduced expectation
of privacy because of the public’s interest in public safety and in the
effective operation of government. Release of information about sexual
predators to public agencies and under limited circumstances, the general
public, will further the governmental interests of public safety and public
scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
Therefore, this state’s policy as expressed in RCW 4.24.550 is to
require the exchange of relevant information about sexual predators among
public agencies and officials and to authorize the release of necessary and
relevant information about sexual predators to members of the general
public." [1990 c 3 § 116.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Release of information regarding
convicted sex offenders: RCW 9.94A.846.
juveniles found to have committed sex offenses: RCW 13.40.217.
persons in custody of department of social and health services: RCW
10.77.207, 71.05.427, 71.06.135, 71.09.120.
4.24.5501 Sex offenders—Model policy for disclosure by law enforcement agencies—Development by
[Title 4 RCW—page 29]
4.24.5501
Title 4 RCW: Civil Procedure
Washington association of sheriffs and police chiefs. (1)
By December 1, 1997, the Washington association of sheriffs
and police chiefs shall develop a model policy for law
enforcement agencies to follow when they disclose information about sex offenders to the public under RCW 4.24.550.
The model policy shall be designed to further the objectives
of providing adequate notice to the community concerning
sex offenders who are or will be residing in the community
and of assisting community members in developing constructive plans to prepare themselves and their children for residing near released sex offenders.
(2) In developing the policy, the association shall
consult with representatives of the following agencies and
professions: (a) The department of corrections; (b) the
department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council
of police officers; (e) local correctional agencies; (f) the
Washington association of prosecuting attorneys; (g) the
Washington public defender association; (h) the Washington
association for the treatment of sexual abusers; and (i) victim
advocates.
(3) The model policy shall, at a minimum, include
recommendations to address the following issues: (a)
Procedures for local agencies or officials to accomplish the
notifications required under *RCW 4.24.550(8); (b) contents
and form of community notification documents, including
procedures for ensuring the accuracy of factual information
contained in the notification documents, and ways of
protecting the privacy of victims of the offenders’ crimes; (c)
methods of distributing community notification documents;
(d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other
jurisdictions if necessary to protect the public; (e) methods
of educating community residents at public meetings on how
they can use the information in the notification document in
a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community
members regarding the right of sex offenders not to be the
subject of harassment or criminal acts as a result of the
notification process; and (g) other matters the Washington
association of sheriffs and police chiefs deems necessary to
ensure the effective and fair administration of RCW
4.24.550. [1997 c 364 § 6.]
*Reviser’s note: RCW 4.24.550 was amended by 2001 c 283 § 2,
changing subsection (8) to subsection (9). RCW 4.24.550 was subsequently
amended by 2002 c 118 § 1, changing subsection (9) to subsection (10).
4.24.5502 Sex offenders—Consistent approach to
risk assessment by agencies to implement 1997 c 364.
The department of corrections, the department of social and
health services, and the indeterminate sentence review board
shall jointly develop, by September 1, 1997, a consistent
approach to risk assessment for the purposes of implementing chapter 364, Laws of 1997, including consistent standards for classifying sex offenders into risk levels I, II, and
III. [1999 c 372 § 1; 1997 c 364 § 7.]
4.24.551 Law enforcement response to secure
community transition facility—Limitation on liability. (1)
Law enforcement shall respond to a call regarding a resident
[Title 4 RCW—page 30]
of a secure community transition facility as a high priority
call.
(2) No law enforcement officer responding reasonably
and in good faith to a call regarding a resident of a secure
community transition facility shall be held liable nor shall
the city or county employing the officer be held liable, in
any cause of action for civil damages based on the acts of
the resident or the actions of the officer during the response.
[2002 c 68 § 3.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
4.24.555 Release of information not restricted by
pending appeal, petition, or writ. An offender’s pending
appeal, petition for personal restraint, or writ of habeas
corpus shall not restrict the agency’s, official’s, or
employee’s authority to release relevant information concerning an offender’s prior criminal history. However, the
agency must release the latest dispositions of the charges as
provided in chapter 10.97 RCW, the Washington state
criminal records privacy act. [1990 c 3 § 118.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
4.24.556 Sex offender treatment providers—Limited
liability—Responsibilities. (1) A certified sex offender
treatment provider, acting in the course of his or her duties,
providing treatment to a person who has been released to a
less restrictive alternative under chapter 71.09 RCW or to a
level III sex offender on community custody as a court or
department ordered condition of sentence is not negligent
because he or she treats a high risk offender; sex offenders
are known to have a risk of reoffense. The treatment
provider is not liable for civil damages resulting from the
reoffense of a client unless the treatment provider’s acts or
omissions constituted gross negligence or willful or wanton
misconduct. This limited liability provision does not
eliminate the treatment provider’s duty to warn of and
protect from a client’s threatened violent behavior if the
client communicates a serious threat of physical violence
against a reasonably ascertainable victim or victims. In
addition to any other requirements to report violations, the
sex offender treatment provider is obligated to report an
offender’s expressions of intent to harm or other predatory
behavior, whether or not there is an ascertainable victim, in
progress reports and other established processes that enable
courts and supervising entities to assess and address the
progress and appropriateness of treatment. This limited
liability provision applies only to the conduct of certified sex
offender treatment providers and not the conduct of the state.
(2) Sex offender treatment providers who provide
services to the department of corrections by identifying risk
factors and notifying the department of risks for the subset
of high risk offenders who are not amenable to treatment and
who are under court order for treatment or supervision are
practicing within the scope of their profession. [2001 2nd
sp.s. c 12 § 403.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
(2002 Ed.)
Special Rights of Action and Special Immunities
4.24.560 Defense to action for injury caused by
indoor air pollutants. It is a defense in a civil action
brought for damages for injury caused by indoor air pollutants in a residential structure on which construction was
begun on or after July 1, 1991, that the builder or design
professional complied in good faith, without negligence or
misconduct, with:
(1) Building product safety standards, including labeling;
(2) Restrictions on the use of building materials known
or believed to contain substances that contribute to indoor air
pollution; and
(3) The ventilation and radon resistive construction
requirements adopted under RCW 19.27.190. [1992 c 132
§ 2; 1990 c 2 § 8.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
4.24.570 Acts against animals in research or
educational facilities. (1) Joint and several liability for
damages shall apply to persons and organizations that
commit an intentional tort by (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept
in a research or educational facility, where the animal or
animals are used or to be used for medical research or other
research purposes, or for educational purposes; or (b)
destroying or damaging any records, equipment, research
product, or other thing pertaining to such animal or animals.
(2) Any person or organization that plans or assists in
the development of a plan to commit an intentional tort
covered by subsection (1) of this section is liable for
damages to the same extent as a person who has committed
the tort. However, a person or organization that assists in
the development of a plan is not liable under this subsection,
if, at the time of providing the assistance the person or
organization does not know, or have reason to know, that the
assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish
the member’s liability under this subsection. The common
law defense of prior renunciation is allowed in actions
brought under this subsection.
(3) In any case where damages are awarded under this
section, the court shall award to the plaintiff all costs of the
litigation, including reasonable attorneys’ fees, investigation
costs, and court costs, and shall impose on any liable party
a civil fine of not to exceed one hundred thousand dollars to
be paid to the plaintiff. [1991 c 325 § 3.]
Severability—1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.
4.24.575 Acts against animals kept for agricultural
or veterinary purposes. (1) Joint and several liability for
damages shall apply to persons and organizations that
commit an intentional tort by taking, releasing, destroying or
damaging any animal or animals kept by a person for
agricultural production purposes or by a veterinarian for
veterinary purposes; or by destroying or damaging any farm
or veterinary equipment or supplies pertaining to such animal
or animals.
(2) Any person or organization that plans or assists in
the development of a plan to commit an intentional tort
(2002 Ed.)
4.24.560
covered by subsection (1) of this section is liable for
damages to the same extent as a person who has committed
the tort. However, a person or organization that assists in
the development of a plan is not liable under this subsection,
if, at the time of providing the assistance the person or
organization does not know, or have reason to know, that the
assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish
the member’s liability under this subsection. The common
law defense of prior renunciation is allowed in actions
brought under this subsection.
(3) In any case where damages are awarded under this
section, the court shall award to the plaintiff all costs of the
litigation, including reasonable attorneys’ fees, investigation
costs, and court costs, and shall impose on any liable party
a civil fine of not to exceed one hundred thousand dollars to
be paid to the plaintiff.
(4) "Agricultural production," for purposes of this
section, means all activities associated with the raising of
animals for agricultural purposes, including but not limited
to animals raised for wool or fur. Agricultural production
also includes the exhibiting or marketing of live animals
raised for agricultural purposes. [1991 c 325 § 4.]
Severability—1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.
4.24.580 Acts against animal facilities—Injunction.
Any individual having reason to believe that he or she may
be injured by the commission of an intentional tort under
RCW 4.24.570 or 4.24.575 may apply for injunctive relief to
prevent the occurrence of the tort. Any individual who owns
or is employed at a research or educational facility or an
agricultural production facility where animals are used for
research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by
an organization, person, or persons whose intent is to stop or
modify the facility’s use or uses of an animal or animals,
may apply for injunctive relief to prevent the harassment.
For the purposes of this section:
(1) "Agricultural production" means all activities
associated with the raising of animals for agricultural
purposes, including but not limited to animals raised for
wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural
purposes; and
(2) "Harassment" means any threat, without lawful
authority, that the recipient has good reason to fear will be
carried out, that is knowingly made for the purpose of
stopping or modifying the use of animals, and that either (a)
would cause injury to the person or property of the recipient,
or result in the recipient’s physical confinement or restraint,
or (b) is a malicious threat to do any other act intended to
substantially cause harm to the recipient’s mental health or
safety. [1991 c 325 § 5.]
Severability—1991 c 325: See note following RCW 9.08.080.
4.24.590 Liability of foster parents. In actions for
personal injury or property damage commenced by foster
children or their parents against foster parents licensed
pursuant to chapter 74.15 RCW, the liability of foster parents
for the care and supervision of foster children shall be the
[Title 4 RCW—page 31]
4.24.590
Title 4 RCW: Civil Procedure
same as the liability of biological and adoptive parents for
the care and supervision of their children. [1991 c 283 § 3.]
Findings—Effective date—1991 c 283: See notes following RCW
74.14B.080.
4.24.601 Hazards to the public—Information—
Legislative findings, policy, intent. The legislature finds
that public health and safety is promoted when the public
has knowledge that enables members of the public to make
informed choices about risks to their health and safety.
Therefore, the legislature declares as a matter of public
policy that the public has a right to information necessary to
protect members of the public from harm caused by alleged
hazards to the public. The legislature also recognizes that
protection of trade secrets, other confidential research,
development, or commercial information concerning products
or business methods promotes business activity and prevents
unfair competition. Therefore, the legislature declares it a
matter of public policy that the confidentiality of such
information be protected and its unnecessary disclosure be
prevented. [1994 c 42 § 1.]
Application—1994 c 42: "This act applies to all confidentiality
provisions entered or executed with respect to product liability/hazardous
substance claims on or after May 1, 1994." [1994 c 42 § 3.]
Effective date—1994 c 42: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 42 § 4.]
4.24.611 Product liability/hazardous substance
claims—Public right to information—Confidentiality—
Damages, costs, attorneys’ fees—Repeal. As used in RCW
4.24.601 and this section:
(1)(a) "Product liability/hazardous substance claim"
means a claim for damages for personal injury, wrongful
death, or property damage caused by a product or hazardous
or toxic substances, that is an alleged hazard to the public
and that presents an alleged risk of similar injury to other
members of the public.
(b) "Confidentiality provision" means any terms in a
court order or a private agreement settling, concluding, or
terminating a product liability/hazardous substance claim,
that limit the possession, disclosure, or dissemination of
information about an alleged hazard to the public, whether
those terms are integrated in the order or private agreement
or written separately.
(c) "Members of the public" includes any individual,
group of individuals, partnership, corporation, or association.
(2) Except as provided in subsection (4) of this section,
members of the public have a right to information necessary
for a lay member of the public to understand the nature,
source, and extent of the risk from alleged hazards to the
public.
(3) Except as provided in subsection (4) of this section,
members of the public have a right to the protection of trade
secrets as defined in RCW 19.108.010, other confidential
research, development, or commercial information concerning products or business methods.
(4)(a) Nothing in this chapter shall limit the issuance of
any protective or discovery orders during the course of
litigation pursuant to court rules.
[Title 4 RCW—page 32]
(b) Confidentiality provisions may be entered into or
ordered or enforced by the court only if the court finds,
based on the evidence, that the confidentiality provision is in
the public interest. In determining the public interest, the
court shall balance the right of the public to information regarding the alleged risk to the public from the product or
substance as provided in subsection (2) of this section
against the right of the public to protect the confidentiality
of information as provided in subsection (3) of this section.
(5)(a) Any confidentiality provisions that are not
adopted consistent with the provisions of this section are
voidable by the court.
(b) Any confidentiality provisions that are determined to
be void are severable from the remainder of the order or
agreement notwithstanding any provision to the contrary and
the remainder of the order or agreement shall remain in
force.
(c) Nothing in RCW 4.24.601 and this section prevents
the court from denying the request for confidentiality
provisions under other law nor limits the scope of discovery
pursuant to applicable court rules.
(6) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has
discretion to award to the prevailing party actual damages,
costs, reasonable attorneys’ fees, and such other terms as the
court deems just.
(7) The following acts or parts of acts are each repealed
on May 1, 1994:
(a) RCW 4.24.600 and 1993 c 17 § 1;
(b) RCW 4.24.610 and 1993 c 17 § 2;
(c) RCW 4.24.620 and 1993 c 17 § 3;
(d) RCW 4.16.380 and 1993 c 17 § 5; and
(e) 1993 c 17 § 4 (uncodified). [1994 c 42 § 2.]
Application—Effective date—1994 c 42: See notes following RCW
4.24.601.
4.24.630 Liability for damage to land and property—Damages—Costs—Attorneys’ fees—Exceptions. (1)
Every person who goes onto the land of another and who
removes timber, crops, minerals, or other similar valuable
property from the land, or wrongfully causes waste or injury
to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured
party for treble the amount of the damages caused by the
removal, waste, or injury. For purposes of this section, a
person acts "wrongfully" if the person intentionally and
unreasonably commits the act or acts while knowing, or
having reason to know, that he or she lacks authorization to
so act. Damages recoverable under this section include, but
are not limited to, damages for the market value of the
property removed or injured, and for injury to the land,
including the costs of restoration. In addition, the person is
liable for reimbursing the injured party for the party’s
reasonable costs, including but not limited to investigative
costs and reasonable attorneys’ fees and other litigationrelated costs.
(2) This section does not apply in any case where
liability for damages is provided under RCW 64.12.030,
79.01.756, 79.01.760, 79.40.070, or where there is immunity
from liability under RCW 64.12.035. [1999 c 248 § 2; 1994
c 280 § 1.]
(2002 Ed.)
Special Rights of Action and Special Immunities
Severability—1999 c 248: See note following RCW 64.12.035.
4.24.640 Firearm safety program liability. No
person who owns, operates, is employed by, or volunteers at
a program approved under RCW 77.32.155 shall be liable
for any injury that occurs while the person who suffered the
injury is participating in the course, unless the injury is the
result of gross negligence. [1994 sp.s. c 7 § 513.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
4.24.630
(6) This section does not affect those transactions upon
which a default has occurred before any disruption of
financial or data transfer operations attributable to a year
2000 failure.
(7) This section does not apply to or affect any contract
that specifically provides for a year 2000 failure.
(8) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(9) This section expires December 31, 2006. [1999 c
369 § 2.]
Effective date—1999 c 369: See note following RCW 4.22.080.
4.24.650 Year 2000 failure—Affirmative defense to
contract action. (Expires December 31, 2006.) (1) A
person has an affirmative defense to any claim or action,
based on a contract, brought against the person if he or she
establishes that:
(a) The default, failure to pay, breach, omission, or
other violation that is the basis of the claim against him or
her was caused, in whole or in part, by a year 2000 failure
associated with an electronic computing device;
(b) The year 2000 failure being asserted was not
proximately caused by a failure of the person to update an
electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and
(c) If it were not for the year 2000 failure, the person
would have been able to satisfy the contractual obligation
that was the basis of the claim.
(2) If an affirmative defense as set forth in subsection
(1) of this section is established, then the person or entity
making the claim may not reassert the claim against which
the affirmative defense was asserted for a period of thirty
days from the date on which the court dismissed the case as
a result of the affirmative defense. Any statute of limitations
applicable to the claim shall be tolled for forty-five days
upon the dismissal of the case under this section.
(3) The dismissal of an action as the result of the
affirmative defense under this section does not impair,
extinguish, discharge, satisfy, or otherwise affect the underlying obligation that is the basis of the claim against which
the affirmative defense was asserted. However, the ability
of a party to bring the claim based upon the obligation is
delayed as set forth in subsection (2) of this section.
(4) A person who has established an affirmative defense
as set forth in subsection (1) of this section may dispute
directly with a credit reporting agency operating in this state
any item of information in the person’s consumer file
relating to the subject of the affirmative defense. The
dispute shall be filed in accordance with RCW
19.182.090(6). If requested by the person under this
subsection (4), the credit reporting agency shall furnish a
statement, made in accordance with RCW 19.182.090(7), to
the person and include the statement in the person’s consumer file. The credit reporting agency may not charge the
person a fee for the inclusion of this statement in the
person’s consumer file.
(5)(a) The definitions in RCW 4.22.080 apply to this
section unless the context clearly requires otherwise.
(b) As used in this section, unless the context clearly
requires otherwise, "person" means a natural person or a
small business as defined in RCW 19.85.020.
(2002 Ed.)
4.24.660 Liability of school districts under contracts
with youth programs. (1) A school district shall not be
liable for an injury to or the death of a person due to action
or inaction of persons employed by, or under contract with,
a youth program if:
(a) The action or inaction takes place on school property
and during the delivery of services of the youth program;
(b) The private nonprofit group provides proof of being
insured, under an accident and liability policy issued by an
insurance company authorized to do business in this state,
that covers any injury or damage arising from delivery of its
services. Coverage for a policy meeting the requirements of
this section must be at least fifty thousand dollars due to
bodily injury or death of one person, or at least one hundred
thousand dollars due to bodily injury or death of two or
more persons in any incident; and
(c) The group provides proof of such insurance before
the first use of the school facilities. The immunity granted
shall last only as long as the insurance remains in effect.
(2) Immunity under this section does not apply to any
school district before January 1, 2000.
(3) As used in this section, "youth programs" means any
program or service, offered by a private nonprofit group, that
is operated primarily to provide persons under the age of
eighteen with opportunities to participate in services or
programs.
(4) This section does not impair or change the ability of
any person to recover damages for harm done by: (a) Any
contractor or employee of a school district acting in his or
her capacity as a contractor or employee; or (b) the existence
of unsafe facilities or structures or programs of any school
district. [1999 c 316 § 3.]
Intent—Effective date—1999 c 316: See notes following RCW
28A.335.155.
4.24.670 Liability of volunteers of nonprofit or
governmental entities. (1) Except as provided in subsection
(2) of this section, a volunteer of a nonprofit organization or
governmental entity shall not be personally liable for harm
caused by an act or omission of the volunteer on behalf of
the organization or entity if:
(a) The volunteer was acting within the scope of the
volunteer’s responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(b) If appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate
authorities for the activities or practice, where the activities
were or practice was undertaken within the scope of the
[Title 4 RCW—page 33]
4.24.670
Title 4 RCW: Civil Procedure
volunteer’s responsibilities in the nonprofit organization or
governmental entity;
(c) The harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer;
(d) The harm was not caused by the volunteer operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the state requires the operator or the owner of the vehicle,
craft, or vessel to either possess an operator’s license or
maintain insurance; and
(e) The nonprofit organization carries public liability
insurance covering the organization’s liability for harm
caused to others for which it is directly or vicariously liable
of not less than the following amounts:
(i) For organizations with gross revenues of less than
twenty-five thousand dollars, at least fifty thousand dollars
due to the bodily injury or death of one person or at least
one hundred thousand dollars due to the bodily injury or
death of two or more persons;
(ii) For organizations with gross revenues of twenty-five
thousand dollars or more but less than one hundred thousand
dollars, at least one hundred thousand dollars due to the
bodily injury or death of one person or at least two hundred
thousand dollars due to the bodily injury or death of two or
more persons;
(iii) For organizations with gross revenues of one
hundred thousand dollars or more, at least five hundred
thousand dollars due to bodily injury or death.
(2) Nothing in this section shall be construed to affect
any civil action brought by any nonprofit organization or any
governmental entity against any volunteer of the organization
or entity.
(3) Nothing in this section shall be construed to affect
the liability, or vicarious liability, of any nonprofit organization or governmental entity with respect to harm caused to
any person, including harm caused by the negligence of a
volunteer.
(4) Nothing in this section shall be construed to apply
to the emergency workers registered in accordance with
chapter 38.52 RCW nor to the related volunteer organizations to which they may belong.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Economic loss" means any pecuniary loss resulting
from harm, including the loss of earnings or other benefits
related to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss of
business or employment opportunities.
(b) "Harm" includes physical, nonphysical, economic,
and noneconomic losses.
(c) "Noneconomic loss" means loss for physical and
emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium
other than loss of domestic service, hedonic damages, injury
to reputation, and all other nonpecuniary losses of any kind
or nature.
(d) "Nonprofit organization" means: (i) Any organization described in section 501(c)(3) of the internal revenue
code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from
tax under section 501(a) of the internal revenue code; (ii)
[Title 4 RCW—page 34]
any not-for-profit organization that is organized and conducted for public benefit and operated primarily for charitable,
civic, educational, religious, welfare, or health purposes; or
(iii) any organization described in section 501(c)(14)(A) of
the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(14)(A)) and exempt from tax under section 501(a) of
the internal revenue code.
(e) "Volunteer" means an individual performing services
for a nonprofit organization or a governmental entity who
does not receive compensation, other than reasonable
reimbursement or allowance for expenses actually incurred,
or any other thing of value, in excess of five hundred dollars
per year. "Volunteer" includes a volunteer serving as a
director, officer, trustee, or direct service volunteer. [2001
c 209 § 1.]
4.24.680 Unlawful release of court and law enforcement employee information. A person or organization
shall not, with the intent to harm or intimidate, sell, trade,
give, publish, distribute, or otherwise release the residential
address, residential telephone number, birthdate, or social
security number of any law enforcement-related, corrections
officer-related, or court-related employee or volunteer, or
someone with a similar name, and categorize them as such,
without the express written permission of the employee or
volunteer unless specifically exempted by law or court order.
[2002 c 336 § 1.]
4.24.690 Unlawful release of court and law enforcement employee information—Court action to prevent.
(1) Whenever it appears that any person or organization is
engaged in or about to engage in any act that constitutes or
will constitute a violation of RCW 4.24.680, the prosecuting
attorney or any person harmed by an alleged violation of
RCW 4.24.680 may initiate a civil proceeding in superior
court to enjoin such violation, and may petition the court to
issue an order for the discontinuance of the dissemination of
information in violation of RCW 4.24.680.
(2) An action under this section shall be brought in the
county in which the violation is alleged to have taken place,
and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either
by verified complaint or affidavit, that a person or organization is engaged in or about to engage in any act that constitutes a violation of RCW 4.24.680, the court may issue a
temporary restraining order to abate and prevent the continuance or recurrence of the act.
(4) The court may issue a permanent injunction to
restrain, abate, or prevent the continuance or recurrence of
the violation of RCW 4.24.680. The court may grant
declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the
purpose of enforcing its orders. [2002 c 336 § 2.]
4.24.700 Unlawful release of court and law enforcement employee information—Damages, fees, and costs.
Any law enforcement-related, corrections officer-related, or
court-related employee or volunteer who suffers damages as
a result of a person or organization selling, trading, giving,
(2002 Ed.)
Special Rights of Action and Special Immunities
4.24.700
publishing, distributing, or otherwise releasing the residential
address, residential telephone number, birthdate, or social
security number of the employee or volunteer in violation of
RCW 4.24.680 may bring an action against the person or
organization in court for actual damages sustained, plus
attorneys’ fees and costs. [2002 c 336 § 3.]
4.28.020 Jurisdiction acquired, when. From the time
of the commencement of the action by service of summons,
or by the filing of a complaint, or as otherwise provided, the
court is deemed to have acquired jurisdiction and to have
control of all subsequent proceedings. [1984 c 76 § 2; 1895
c 86 § 4; 1893 c 127 § 15; RRS § 238.]
Chapter 4.28
COMMENCEMENT OF ACTIONS
4.28.080 Summons, how served. Service made in the
modes provided in this section shall be taken and held to be
personal service. The summons shall be served by delivering a copy thereof, as follows:
(1) If the action be against any county in this state, to
the county auditor or, during normal office hours, to the
deputy auditor, or in the case of a charter county, summons
may be served upon the agent, if any, designated by the
legislative authority.
(2) If against any town or incorporated city in the state,
to the mayor, city manager, or, during normal office hours,
to the mayor’s or city manager’s designated agent or the city
clerk thereof.
(3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his
or her office with an assistant superintendent, deputy
commissioner, or business manager during normal business
hours.
(4) If against a railroad corporation, to any station,
freight, ticket or other agent thereof within this state.
(5) If against a corporation owning or operating sleeping
cars, or hotel cars, to any person having charge of any of its
cars or any agent found within the state.
(6) If against a domestic insurance company, to any
agent authorized by such company to solicit insurance within
this state.
(7) If against a foreign or alien insurance company, as
provided in chapter 48.05 RCW.
(8) If against a company or corporation doing any
express business, to any agent authorized by said company
or corporation to receive and deliver express matters and
collect pay therefor within this state.
(9) If the suit be against a company or corporation other
than those designated in the preceding subdivisions of this
section, to the president or other head of the company or
corporation, the registered agent, secretary, cashier or
managing agent thereof or to the secretary, stenographer or
office assistant of the president or other head of the company
or corporation, registered agent, secretary, cashier or managing agent.
(10) If the suit be against a foreign corporation or
nonresident joint stock company, partnership or association
doing business within this state, to any agent, cashier or
secretary thereof.
(11) If against a minor under the age of fourteen years,
to such minor personally, and also to his or her father,
mother, guardian, or if there be none within this state, then
to any person having the care or control of such minor, or
with whom he or she resides, or in whose service he or she
is employed, if such there be.
(12) If against any person for whom a guardian has
been appointed for any cause, then to such guardian.
(13) If against a foreign or alien steamship company or
steamship charterer, to any agent authorized by such compa-
Sections
4.28.011
Tolling statute of limitations—Action deemed commenced,
when.
4.28.020
Jurisdiction acquired, when.
4.28.080
Summons, how served.
4.28.081
Summons, how served—When corporation in hands of receiver.
4.28.090
Service on corporation without officer in state upon whom
process can be served.
4.28.100
Service of summons by publication—When authorized.
4.28.110
Manner of publication and form of summons.
4.28.120
Publication of notice in eminent domain proceedings.
4.28.140
Affidavit as to unknown heirs.
4.28.150
Title of cause—Unknown claimants—Service by publication.
4.28.160
Rights of unknown claimants and heirs—Effect of judgment—Lis pendens.
4.28.180
Personal service out of state.
4.28.185
Personal service out of state—Acts submitting person to
jurisdiction of courts—Saving.
4.28.200
Right of one constructively served to appear and defend or
reopen.
4.28.210
Appearance, what constitutes.
4.28.290
Assessment of damages without answer.
4.28.320
Lis pendens in actions affecting title to real estate.
4.28.325
Lis pendens in actions in United States district courts affecting title to real estate.
4.28.328
Lis pendens—Liability of claimants—Damages, costs,
attorneys’ fees.
4.28.330
Notice to alien property custodian.
4.28.340
Notice to alien property custodian—Definitions.
4.28.350
Notice to alien property custodian—Duration.
4.28.360
Personal injury action—Complaint not to include statement
of damages—Request for statement.
Rules of court: CR 3; CR 4; CR 4.1; CR 5; and CR 6.
Claims against
cities and towns: Chapters 35.31, 35A.31 RCW.
counties: Chapter 36.45 RCW.
political subdivisions, municipal corporations, and quasi municipal
corporations: Chapter 4.96 RCW.
state: Chapter 4.92 RCW.
Foreign corporations, actions against: RCW 23B.15.100 and 23B.15.310.
Nonadmitted foreign corporations, actions against: Chapter 23B.18 RCW.
Proceedings as to mentally ill: Chapter 71.05 RCW.
Publication of legal notices: Chapter 65.16 RCW.
Service of papers on foreign corporation: RCW 23B.15.100 and
23B.15.310.
Service of process on
foreign savings and loan association: RCW 33.32.050.
nonadmitted foreign corporation: RCW 23B.18.040.
nonresident motor vehicle operator: RCW 46.64.040.
Sheriff’s fees for service of process and other official services: RCW
36.18.040.
4.28.011 Tolling statute of limitations—Action
deemed commenced, when. See RCW 4.16.170.
(2002 Ed.)
[Title 4 RCW—page 35]
4.28.080
Title 4 RCW: Civil Procedure
ny or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington.
(14) If against a self-insurance program regulated by
chapter 48.62 RCW, as provided in chapter 48.62 RCW.
(15) In all other cases, to the defendant personally, or
by leaving a copy of the summons at the house of his or her
usual abode with some person of suitable age and discretion
then resident therein.
(16) In lieu of service under subsection (15) of this
section, where the person cannot with reasonable diligence
be served as described, the summons may be served as
provided in this subsection, and shall be deemed complete on
the tenth day after the required mailing: By leaving a copy
at his or her usual mailing address with a person of suitable
age and discretion who is a resident, proprietor, or agent
thereof, and by thereafter mailing a copy by first class mail,
postage prepaid, to the person to be served at his or her
usual mailing address. For the purposes of this subsection,
"usual mailing address" shall not include a United States
postal service post office box or the person’s place of
employment. [1997 c 380 § 1; 1996 c 223 § 1; 1991 sp.s.
c 30 § 28; 1987 c 361 § 1; 1977 ex.s. c 120 § 1; 1967 c 11
§ 1; 1957 c 202 § 1; 1893 c 127 § 7; RRS § 226, part.
FORMER PART OF SECTION: 1897 c 97 § 1 now
codified in RCW 4.28.081.]
Rules of court: Service of process—CR 4(d), (e).
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Severability—1977 ex.s. c 120: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 120 § 3.]
Service of process on
foreign corporation: RCW 23B.15.100 and 23B.15.310.
foreign savings and loan association: RCW 33.32.050.
nonadmitted foreign corporation: RCW 23B.18.040.
nonresident motor vehicle operator: RCW 46.64.040.
4.28.081 Summons, how served—When corporation
in hands of receiver. Whenever any domestic or foreign
corporation, which has been doing business in this state, has
been placed in the hands of a receiver and the receiver is in
possession of any of the property or assets of such corporation, service of all process upon such corporation may be
made upon the receiver thereof. [1897 c 97 § 1; RRS § 226,
part. Formerly RCW 4.28.080(13).]
4.28.090 Service on corporation without officer in
state upon whom process can be served. Whenever any
corporation, created by the laws of this state, or late territory
of Washington, does not have an officer in this state upon
whom legal service of process can be made, an action or
proceeding against the corporation may be commenced in
any county where the cause of action may arise, or the
corporation may have property, and service may be made
upon the corporation by depositing a copy of the summons,
writ, or other process, in the office of the secretary of state,
which shall be taken, deemed and treated as personal service
on the corporation: PROVIDED, A copy of the summons,
writ, or other process, shall be deposited in the post office,
postage paid, directed to the secretary or other proper officer
of the corporation, at the place where the main business of
[Title 4 RCW—page 36]
the corporation is transacted, when the place of business is
known to the plaintiff, and be published at least once a week
for six weeks in a newspaper of general circulation at the
seat of government of this state, before the service shall be
deemed perfect. [1985 c 469 § 1; 1893 c 127 § 8; RRS §
227.]
4.28.100 Service of summons by publication—When
authorized. When the defendant cannot be found within the
state, and upon the filing of an affidavit of the plaintiff, his
agent, or attorney, with the clerk of the court, stating that he
believes that the defendant is not a resident of the state, or
cannot be found therein, and that he has deposited a copy of
the summons (substantially in the form prescribed in RCW
4.28.110) and complaint in the post office, directed to the
defendant at his place of residence, unless it is stated in the
affidavit that such residence is not known to the affiant, and
stating the existence of one of the cases hereinafter specified,
the service may be made by publication of the summons, by
the plaintiff or his attorney in any of the following cases:
(1) When the defendant is a foreign corporation, and has
property within the state;
(2) When the defendant, being a resident of this state,
has departed therefrom with intent to defraud his creditors,
or to avoid the service of a summons, or keeps himself
concealed therein with like intent;
(3) When the defendant is not a resident of the state, but
has property therein and the court has jurisdiction of the
subject of the action;
(4) When the action is for divorce in the cases prescribed by law;
(5) When the subject of the action is real or personal
property in this state, and the defendant has or claims a lien
or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;
(6) When the action is to foreclose, satisfy, or redeem
from a mortgage, or to enforce a lien of any kind on real
estate in the county where the action is brought, or satisfy or
redeem from the same;
(7) When the action is against any corporation, whether
private or municipal, organized under the laws of the state,
and the proper officers on whom to make service do not
exist or cannot be found;
(8) When the action is brought under RCW 4.08.160
and 4.08.170 to determine conflicting claims to property in
this state. [1981 c 331 § 13; 1953 c 102 § 1. Prior: 1929
c 81 § 1; 1915 c 45 § 1; 1893 c 127 § 9; RRS § 228.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
4.28.110 Manner of publication and form of
summons. The publication shall be made in a newspaper of
general circulation in the county where the action is brought
once a week for six consecutive weeks: PROVIDED, That
publication of summons shall not be made until after the
filing of the complaint, and the service of the summons shall
be deemed complete at the expiration of the time prescribed
for publication. The summons must be subscribed by the
plaintiff or his attorney or attorneys. The summons shall
contain the date of the first publication, and shall require the
(2002 Ed.)
Commencement of Actions
defendant or defendants upon whom service by publication
is desired, to appear and answer the complaint within sixty
days from the date of the first publication of the summons;
and the summons for publication shall also contain a brief
statement of the object of the action. The summons for
publication shall be substantially as follows:
In the superior court of the State of Washington for the
county of . . . . . .
. . . . . . . . ., Plaintiff,
vs.
. . . . . . . . ., Defendant.
No. . . . .
The State of Washington to the said (naming the
defendant or defendants to be served by publication):
You are hereby summoned to appear within sixty days
after the date of the first publication of this summons, to wit,
within sixty days after the . . . . day of . . . . . ., 1. . . ., and
defend the above entitled action in the above entitled court,
and answer the complaint of the plaintiff . . . . . ., and serve
a copy of your answer upon the undersigned attorneys for
plaintiff . . . . . ., at his (or their) office below stated; and in
case of your failure so to do, judgment will be rendered
against you according to the demand of the complaint, which
has been filed with the clerk of said court. (Insert here a
brief statement of the object of the action.)
...........................,
Plaintiff’s Attorneys.
P.O. Address . . . . . . . . . . . . . . . . . . .
County . . . . . . . . . . . . . . . . . . . . . . .
Washington.
[1985 c 469 § 2; 1895 c 86 § 2; 1893 c 127 § 10; RRS §
233.]
Publication of legal notices: Chapter 65.16 RCW.
4.28.120 Publication of notice in eminent domain
proceedings. If a party having or claiming a share or
interest in or lien upon any property sought to be appropriated for public use be unknown, and such fact be made to
appear by affidavit filed in the office of the clerk of the
court, the notice required by law in such cases may be
served by publication as in the case of nonresident owners,
and such notice shall be directed by name to every owner of
a share or interest in or lien upon the property sought to be
so appropriated, and generally to all persons unknown having
or claiming an interest or estate in the property or any
portion thereof, and all such unknown parties shall in all
papers and proceedings be designated as "unknown owners,"
and shall be bound by the provisions and be entitled to the
benefits of the judgment the same as if they had been known
and duly named. [1895 c 140 § 1; RRS § 239.]
Eminent domain: Title 8 RCW.
Publication of legal notices: Chapter 65.16 RCW.
4.28.140 Affidavit as to unknown heirs. Upon
presenting an affidavit to the court or judge, showing to his
satisfaction that the heirs of such deceased person are proper
parties to the action, and that their names and residences
cannot with use of reasonable diligence be ascertained, such
court or judge may grant an order that service of the
summons in such action be made on such "Unknown heirs"
(2002 Ed.)
4.28.110
by publication thereof in the same manner as in actions
against nonresident defendants. [1903 c 144 § 2; RRS §
230.]
Rules of court: Cf. CR 10(a).
4.28.150 Title of cause—Unknown claimants—
Service by publication. In any action brought to determine
any adverse claim, estate, lien, or interest in real property, or
to quiet title to real property, the plaintiff may include as a
defendant in such action, and insert in the title thereof, in
addition to the names of such persons or parties as appear of
record to have, and other persons or parties who are known
to have, some title, claim, estate, lien, or interest in the lands
in controversy, the following, viz.: "Also all other persons
or parties unknown claiming any right, title, estate, lien, or
interest in the real estate described in the complaint herein."
And service of summons may be had upon all such unknown
persons or parties defendant by publication as provided by
law in case of nonresident defendants. [1903 c 144 § 3;
RRS § 231.]
Publication of legal notices: Chapter 65.16 RCW.
4.28.160 Rights of unknown claimants and heirs—
Effect of judgment—Lis pendens. All such unknown heirs
of deceased persons, and all such unknown persons or
parties, so served by publication as in RCW 4.28.150,
provided, shall have the same rights as are provided by law
in case of all other defendants upon whom service is made
by publication, and the action shall proceed against such
unknown heirs, or unknown persons or parties, in the same
manner as against defendants, who are named, upon whom
service is made by publication, and with like effect; and any
such unknown heirs or unknown persons or parties who have
or claim any right, estate, lien, or interest in the said real
property in controversy, at the time of the commencement of
the action, duly served as aforesaid, shall be bound and
concluded by the judgment in such action, if the same is in
favor of the plaintiff therein as effectually as if the action
was brought against such defendant by his or her name and
constructive service of summons obtained: PROVIDED,
HOWEVER, That such judgment shall not bind such
unknown heirs, or unknown persons or parties, defendant,
unless the plaintiff shall file a notice of lis pendens in the
office of the auditor of each county in which said real estate
is located, in the manner provided by law, before commencing the publication of said summons. [1903 c 144 § 4; RRS
§ 232.]
4.28.180 Personal service out of state. Personal
service of summons or other process may be made upon any
party outside the state. If upon a citizen or resident of this
state or upon a person who has submitted to the jurisdiction
of the courts of this state, it shall have the force and effect
of personal service within this state; otherwise it shall have
the force and effect of service by publication. The summons
upon the party out of the state shall contain the same and be
served in like manner as personal summons within the state,
except it shall require the party to appear and answer within
sixty days after such personal service out of the state. [1959
c 131 § 1; 1895 c 86 § 3; 1893 c 127 § 11; RRS § 234.]
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
[Title 4 RCW—page 37]
4.28.180
Title 4 RCW: Civil Procedure
Service of process on nonresident motor vehicle operator: RCW 46.64.040.
4.28.185 Personal service out of state—Acts submitting person to jurisdiction of courts—Saving. (1) Any
person, whether or not a citizen or resident of this state, who
in person or through an agent does any of the acts in this
section enumerated, thereby submits said person, and, if an
individual, his personal representative, to the jurisdiction of
the courts of this state as to any cause of action arising from
the doing of any of said acts:
(a) The transaction of any business within this state;
(b) The commission of a tortious act within this state;
(c) The ownership, use, or possession of any property
whether real or personal situated in this state;
(d) Contracting to insure any person, property or risk
located within this state at the time of contracting;
(e) The act of sexual intercourse within this state with
respect to which a child may have been conceived;
(f) Living in a marital relationship within this state
notwithstanding subsequent departure from this state, as to
all proceedings authorized by chapter 26.09 RCW, so long
as the petitioning party has continued to reside in this state
or has continued to be a member of the armed forces
stationed in this state.
(2) Service of process upon any person who is subject
to the jurisdiction of the courts of this state, as provided in
this section, may be made by personally serving the defendant outside this state, as provided in RCW 4.28.180, with
the same force and effect as though personally served within
this state.
(3) Only causes of action arising from acts enumerated
herein may be asserted against a defendant in an action in
which jurisdiction over him is based upon this section.
(4) Personal service outside the state shall be valid only
when an affidavit is made and filed to the effect that service
cannot be made within the state.
(5) In the event the defendant is personally served
outside the state on causes of action enumerated in this
section, and prevails in the action, there may be taxed and
allowed to the defendant as part of the costs of defending the
action a reasonable amount to be fixed by the court as
attorneys’ fees.
(6) Nothing herein contained limits or affects the right
to serve any process in any other manner now or hereafter
provided by law. [1977 c 39 § 1; 1975-’76 2nd ex.s. c 42
§ 22; 1959 c 131 § 2.]
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
Uniform parentage act: Chapter 26.26 RCW.
4.28.200 Right of one constructively served to
appear and defend or reopen. If the summons is not
served personally on the defendant in the cases provided in
RCW 4.28.110 and 4.28.180, he or his representatives, on
application and sufficient cause shown, at any time before
judgment, shall be allowed to defend the action and, except
in an action for divorce, the defendant or his representative
may in like manner be allowed to defend after judgment, and
within one year after the rendition of such judgment, on such
terms as may be just; and if the defense is successful, and
the judgment, or any part thereof, has been collected or
[Title 4 RCW—page 38]
otherwise enforced, such restitution may thereupon be compelled as the court directs. [1893 c 127 § 12; RRS § 235.]
4.28.210 Appearance, what constitutes. A defendant
appears in an action when he answers, demurs, makes any
application for an order therein, or gives the plaintiff written
notice of his appearance. After appearance a defendant is
entitled to notice of all subsequent proceedings; but when a
defendant has not appeared, service of notice or papers in
the ordinary proceedings in an action need not be made upon
him. Every such appearance made in an action shall be
deemed a general appearance, unless the defendant in
making the same states that the same is a special appearance.
[1893 c 127 § 16; RRS § 241.]
Rules of court: Demurrers abolished—CR 7(c).
4.28.290 Assessment of damages without answer.
A defendant who has appeared may, without answering,
demand in writing an assessment of damages, of the amount
which the plaintiff is entitled to recover, and thereupon such
assessment shall be had or any such amount ascertained in
such manner as the court on application may direct, and
judgment entered by the clerk for the amount so assessed or
ascertained. [1893 c 127 § 25; RRS § 251.]
4.28.320 Lis pendens in actions affecting title to
real estate. In an action affecting the title to real property
the plaintiff, at the time of filing the complaint, or at any
time afterwards, or whenever a writ of attachment of
property shall be issued, or at any time afterwards, the
plaintiff or a defendant, when he sets up an affirmative cause
of action in his answer, and demands substantive relief at the
time of filing his answer, or at any time afterwards, if the
same be intended to affect real property, may file with the
auditor of each county in which the property is situated a
notice of the pendency of the action, containing the names
of the parties, the object of the action, and a description of
the real property in that county affected thereby. From the
time of the filing only shall the pendency of the action be
constructive notice to a purchaser or encumbrancer of the
property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or
encumbrancer, and shall be bound by all proceedings taken
after the filing of such notice to the same extent as if he
were a party to the action. For the purpose of this section
an action shall be deemed to be pending from the time of
filing such notice: PROVIDED, HOWEVER, That such
notice shall be of no avail unless it shall be followed by the
first publication of the summons, or by the personal service
thereof on a defendant within sixty days after such filing.
And the court in which the said action was commenced may,
at its discretion, at any time after the action shall be settled,
discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as
shall be directed or approved by the court, order the notice
authorized in this section to be canceled of record, in whole
or in part, by the county auditor of any county in whose
office the same may have been filed or recorded, and such
cancellation shall be evidenced by the recording of the court
order. [1999 c 233 § 1; 1893 c 127 § 17; RRS § 243.]
(2002 Ed.)
Commencement of Actions
Effective date—1999 c 233: "This act takes effect August 1, 1999."
[1999 c 233 § 24.]
4.28.325 Lis pendens in actions in United States
district courts affecting title to real estate. In an action in
a United States district court for any district in the state of
Washington affecting the title to real property in the state of
Washington, the plaintiff, at the time of filing the complaint,
or at any time afterwards, or a defendant, when he sets up
an affirmative cause of action in his answer, or at any time
afterward, if the same be intended to affect real property,
may file with the auditor of each county in which the
property is situated a notice of the pendency of the action,
containing the names of the parties, the object of the action
and a description of the real property in that county affected
thereby. From the time of the filing only shall the pendency
of the action be constructive notice to a purchaser or
encumbrancer of the property affected thereby, and every
person whose conveyance or encumbrance is subsequently
executed or subsequently recorded shall be deemed a
subsequent purchaser or encumbrancer, and shall be bound
by all proceedings taken after the filing of such notice to the
same extent as if he were a party to the action. For the purpose of this section an action shall be deemed to be pending
from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be
followed by the first publication of the summons, or by
personal service thereof on a defendant within sixty days
after such filing. And the court in which the said action was
commenced may, in its discretion, at any time after the
action shall be settled, discontinued or abated, on application
of any person aggrieved and on good cause shown and on
such notice as shall be directed or approved by the court,
order the notice authorized in this section to be canceled, in
whole or in part, by the county auditor of any county in
whose office the same may have been filed or recorded, and
such cancellation shall be evidenced by the recording of the
court order. [1999 c 233 § 4; 1963 c 137 § 1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
4.28.328 Lis pendens—Liability of claimants—
Damages, costs, attorneys’ fees. (1) For purposes of this
section:
(a) "Lis pendens" means a lis pendens filed under RCW
4.28.320 or 4.28.325 or other instrument having the effect of
clouding the title to real property, however named, including
consensual commercial lien, common law lien, commercial
contractual lien, or demand for performance of public office
lien, but does not include a lis pendens filed in connection
with an action under Title 6, 60, other than chapter 60.70
RCW, or 61 RCW;
(b) "Claimant" means a person who files a lis pendens,
but does not include the United States, any agency thereof,
or the state of Washington, any agency, political subdivision,
or municipal corporation thereof; and
(c) "Aggrieved party" means (i) a person against whom
the claimant asserted the cause of action in which the lis
pendens was filed, but does not include parties fictitiously
named in the pleading; or (ii) a person having an interest or
a right to acquire an interest in the real property against
which the lis pendens was filed, provided that the claimant
(2002 Ed.)
4.28.320
had actual or constructive knowledge of such interest or right
when the lis pendens was filed.
(2) A claimant in an action not affecting the title to real
property against which the lis pendens was filed is liable to
an aggrieved party who prevails on a motion to cancel the lis
pendens, for actual damages caused by filing the lis pendens,
and for reasonable attorneys’ fees incurred in canceling the
lis pendens.
(3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an
aggrieved party who prevails in defense of the action in
which the lis pendens was filed for actual damages caused
by filing the lis pendens, and in the court’s discretion,
reasonable attorneys’ fees and costs incurred in defending
the action. [1994 c 155 § 1.]
4.28.330 Notice to alien property custodian. In any
court or administrative action or proceeding within this state,
involving property within this state or any interest therein, in
which service of process is required to be made upon or
notice thereof given to any person who is in a designated
enemy country or enemy-occupied territory, in addition to
the service of process upon or giving of notice to the person
as required by any law, statute or rule applicable to the
action or proceeding, a copy of the process or notice shall be
sent by registered mail to the alien property custodian,
Washington, District of Columbia. [1943 c 62 § 1; Rem.
Supp. 1943 § 254-1.]
4.28.340 Notice to alien property custodian—
Definitions. For the purposes of RCW 4.28.330 through
4.28.350:
(1) "Person" includes any individual, partnership,
association and corporation;
(2) "Designated enemy country" means any foreign
country as to which the United States has declared the
existence of a state of war and any other country with which
the United States is at war in the future;
(3) "Enemy-occupied territory" means any place under
the control of any designated enemy country or any place
with which, by reason of the existence of a state of war, the
United States does not maintain postal communication.
[1943 c 62 § 2; Rem. Supp. 1943 § 254-2.]
4.28.350 Notice to alien property custodian—
Duration. RCW 4.28.330 and 4.28.340 shall remain in
force only so long as a state of war shall exist between the
United States and the designated enemy country involved in
the action or proceeding described in RCW 4.28.330. [1943
c 62 § 3; Rem. Supp. 1943 § 254-3.]
4.28.360 Personal injury action—Complaint not to
include statement of damages—Request for statement.
In any civil action for personal injuries, the complaint shall
not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined. A
defendant in such action may at any time request a statement
from the plaintiff setting forth separately the amounts of any
special damages and general damages sought. Not later than
fifteen days after service of such request to the plaintiff, the
[Title 4 RCW—page 39]
4.28.360
Title 4 RCW: Civil Procedure
plaintiff shall have served the defendant with such statement.
[1975-’76 2nd ex.s. c 56 § 2.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
Actions and procedure for injuries resulting from health care: Chapter
7.70 RCW.
Verdict or award of future economic damages in personal injury or
property damage action may provide for periodic payments: RCW
4.56.260.
Chapter 4.32
PLEADINGS
Sections
4.32.070
4.32.120
4.32.130
4.32.140
4.32.150
4.32.170
4.32.250
Objection may be taken by answer.
Setoff against beneficiary of trust estate.
Setoff in probate actions brought by personal representatives.
Setoff in probate actions against personal representatives.
Setoff must be pleaded.
Answer may be stricken.
Effect of minor defects in pleading.
4.32.070 Objection may be taken by answer. When
any of the matters enumerated in *RCW 4.32.050 do not
appear upon the face of the complaint, the objection may be
taken by answer. [Code 1881 § 79; 1877 p 18 § 79; 1854
p 139 § 42; RRS § 261.]
*Reviser’s note: RCW 4.32.050 was repealed by 1984 c 76 § 11.
4.32.120 Setoff against beneficiary of trust estate.
If the plaintiff be a trustee to any other, or if the action be
in a name of the plaintiff who has no real interest in the
contract upon which the action is founded, so much of a
demand existing against those whom the plaintiff represents
or for whose benefit the action is brought, may be set off as
will satisfy the plaintiff’s debt, if the same might have been
set off in an action brought by those beneficially interested.
[Code 1881 § 498; 1877 p 107 § 502; RRS § 267.]
4.32.130 Setoff in probate actions brought by
personal representatives. In actions brought by executors
and administrators, demands against their testators and
intestates, and belonging to defendant at the time of their
death, may be set off by the defendant in the same manner
as if the action had been brought by and in the name of the
deceased. [Code 1881 § 499; 1877 p 107 § 503; RRS §
268.]
4.32.140 Setoff in probate actions against personal
representatives. In actions against executors and administrators and against trustees and others, sued in their representative character, the defendants may set off demands belonging to their testators or intestates or those whom they
represent, in the same manner as the person so represented
would have been entitled to set off the same, in an action
against them. [Code 1881 § 501; 1877 p 107 § 505; RRS §
270.]
4.32.150 Setoff must be pleaded. To entitle a
defendant to a setoff he must set the same forth in his
answer. [Code 1881 § 502; 1877 p 108 § 506; RRS § 271.]
[Title 4 RCW—page 40]
4.32.170 Answer may be stricken. Sham, frivolous
and irrelevant answers and defenses may be stricken out on
motion, and upon such terms as the court may in its discretion impose. [Code 1881 § 85; 1877 p 19 § 85; 1869 p 21
§ 83; 1854 p 140 § 47; RRS § 275.]
4.32.250 Effect of minor defects in pleading. A
notice or other paper is valid and effectual though the title
of the action in which it is made is omitted, or it is defective
either in respect to the court or parties, if it intelligently
refers to such action or proceedings; and in furtherance of
justice upon proper terms, any other defect or error in any
notice or other paper or proceeding may be amended by the
court, and any mischance, omission or defect relieved within
one year thereafter; and the court may enlarge or extend the
time, for good cause shown, within which by statute any act
is to be done, proceeding had or taken, notice or paper filed
or served, or may, on such terms as are just, permit the same
to be done or supplied after the time therefor has expired.
[1988 c 202 § 2; 1893 c 127 § 24; RRS § 250.]
Rules of court: Cf. CR 6(b), RAP 5.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Chapter 4.36
GENERAL RULES OF PLEADING
Sections
4.36.070
4.36.080
4.36.120
4.36.130
4.36.140
4.36.170
4.36.210
4.36.240
Pleading judgments.
Conditions precedent, how pleaded.
Libel or slander, how pleaded.
Answer in justification and mitigation.
Answer in action to recover property distrained.
Material allegation defined.
Variance in action to recover personal property.
Harmless error disregarded.
4.36.070 Pleading judgments. In pleading a judgment or other determination of a court or office of special
jurisdiction, it shall not be necessary to state the facts
conferring jurisdiction, but such judgment or determination
may be stated to have been duly given or made. If such
allegation be controverted, the party pleading shall be bound
to establish on the trial the facts conferring jurisdiction.
[Code 1881 § 96; 1877 p 21 § 96; 1854 p 142 § 58; RRS §
287.]
Rules of court: Cf. CR 9(e).
4.36.080 Conditions precedent, how pleaded. In
pleading the performance of conditions precedent in a
contract, it shall not be necessary to state the facts showing
such performance, but it may be stated generally that the
party duly performed all the conditions on his part; and if
such allegation be controverted, the party pleading shall be
bound to establish, on the trial, the facts showing such performance. [Code 1881 § 97; 1877 p 21 § 97; 1854 p 142 §
59; RRS § 288.]
Rules of court: Cf. CR 9(c).
4.36.120 Libel or slander, how pleaded. In an action
for libel or slander, it shall not be necessary to state in the
complaint any extrinsic facts, for the purpose of showing the
(2002 Ed.)
General Rules of Pleading
application to the plaintiff, of the defamatory matter out of
which the cause arose, but it shall be sufficient to state
generally, that the same was published or spoken concerning
the plaintiff; and if such allegation be controverted, the
plaintiff shall be bound to establish on trial that it was so
published or spoken. [Code 1881 § 99; 1877 p 22 § 99;
1854 p 142 § 61; RRS § 292.]
Rules of court: Cf. CR 8.
4.36.130 Answer in justification and mitigation. In
an action mentioned in RCW 4.36.120, the defendant may,
in his answer, allege both the truth of the matter charged as
defamatory, and any mitigating circumstances to reduce the
amount of damages; and whether he proves the justification
or not, he may give in evidence the mitigating circumstances. [Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62;
RRS § 293.]
4.36.140 Answer in action to recover property
distrained. In an action to recover the possession of
property distrained doing damage, an answer that the
defendant or person by whose command he acted, was
lawfully possessed of the real property upon which the
distress was made, and that the property distrained was at
the time doing the damage thereon, shall be good, without
setting forth the title to such real property. [Code 1881 §
101; 1877 p 22 § 101; 1854 p 143 § 63; RRS § 295.]
4.36.170 Material allegation defined. A material
allegation in a pleading is one essential to the claim or
defense, and which could not be stricken from the pleading
without leaving it insufficient. [Code 1881 § 104; 1877 p 22
§ 104; 1854 p 143 § 65; RRS § 298.]
4.36.210 Variance in action to recover personal
property. Where the plaintiff in an action to recover the
possession of personal property on a claim of being the
owner thereof, shall fail to establish on trial such ownership,
but shall prove that he is entitled to the possession thereof,
by virtue of a special property therein, he shall not thereby
be defeated of his action, but shall be permitted to amend,
on reasonable terms his complaint, and be entitled to judgment according to the proof in the case. [Code 1881 § 108;
1877 p 23 § 108; 1869 p 27 § 106; 1856 p 10 § 11; RRS §
302.]
4.36.240 Harmless error disregarded. The court
shall, in every stage of an action, disregard any error or
defect in pleadings or proceedings which shall not affect the
substantial rights of the adverse party, and no judgment shall
be reversed or affected by reason of such error or defect.
[Code 1881 § 113; 1877 p 24 § 113; 1854 p 144 § 71; RRS
§ 307.]
Rules of court: Cf. RAP 2.4(a), 18.22.
(2002 Ed.)
4.36.120
Chapter 4.40
ISSUES
Sections
4.40.010
4.40.050
4.40.060
4.40.070
Issues defined—Kinds.
Trial of issue of law.
Trial of certain issues of fact—Jury.
Trial of other issues of fact.
4.40.010 Issues defined—Kinds. Issues arise upon
the pleadings when a fact or conclusion of law is maintained
by one party and controverted by the other, they are of two
kinds—first, of law; and second, of fact. [1893 c 127 § 28;
Code 1881 § 200; 1877 p 42 § 204; 1854 p 163 § 179; RRS
§ 309.]
4.40.050 Trial of issue of law. An issue of law shall
be tried by the court, unless it is referred as provided by the
statutes relating to referees. [1893 c 127 § 32; Code 1881
§ 204; 1877 p 42 § 208; 1854 p 164 § 183; RRS § 313.]
Trial before referee: Chapter 4.48 RCW.
4.40.060 Trial of certain issues of fact—Jury. An
issue of fact, in an action for the recovery of money only, or
of specific real or personal property shall be tried by a jury,
unless a jury is waived, as provided by law, or a reference
ordered, as provided by statute relating to referees. [1893 c
127 § 33; Code 1881 § 204; 1877 p 42 § 208; 1873 p 52 §
206; 1869 p 50 § 208; 1854 p 164 § 183; RRS § 314.]
4.40.070 Trial of other issues of fact. Every other
issue of fact shall be tried by the court, subject, however, to
the right of the parties to consent, or of the court to order,
that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred. [1893 c 127
§ 34; RRS § 315.]
Chapter 4.44
TRIAL
Sections
4.44.020
4.44.025
4.44.060
4.44.070
4.44.080
4.44.090
4.44.095
4.44.110
4.44.120
4.44.130
4.44.140
4.44.150
4.44.160
4.44.170
4.44.180
4.44.190
4.44.210
4.44.220
4.44.230
4.44.240
4.44.250
4.44.260
4.44.270
4.44.280
Notice of trial—Note of issue.
Priority permitted for aged or ill parties in civil cases.
Proceedings in trial by court—Findings deemed verdict.
Findings and conclusions, how made.
Questions of law to be decided by court.
Questions of fact for jury.
Right to jury trial upon an issue of fact in an action at law.
Jury fee part of taxable costs.
Impanelling jury—Voir dire, challenge for cause—Number.
Challenges—Kind and number.
Peremptory challenges defined.
Challenges for cause defined.
General causes of challenge.
Particular causes of challenge.
Implied bias defined.
Challenge for actual bias.
Peremptory challenges, how taken.
Order of taking challenges.
Exceptions to challenges—Determination.
Trial of challenge.
Challenge, exception, denial may be oral.
Oath of jurors.
View of premises by jury.
Admonitions to jurors.
[Title 4 RCW—page 41]
Chapter 4.44
Title 4 RCW: Civil Procedure
4.44.290
Procedure when juror becomes ill.
4.44.300
Care of jury while deliberating.
4.44.310
Expense of keeping jury.
4.44.330
Discharge of jury without verdict.
4.44.340
Effect of discharge of jury.
4.44.350
Court recess while jury is out.
4.44.360
Proceedings when jury have agreed.
4.44.370
Manner of giving verdict.
4.44.380
Number of jurors required to render verdict.
4.44.390
Jury may be polled.
4.44.400
Correction of informal verdict—Polling jury.
4.44.410
General or special verdicts.
4.44.420
Verdict in action for specific personal property.
4.44.440
Special verdict controls.
4.44.450
Jury to assess amount of recovery.
4.44.460
Receiving verdict and discharging jury.
4.44.470
Court may fix amount of bond in civil actions.
4.44.480
Deposits in court—Order.
4.44.490
Deposits in court—Enforcement of order.
4.44.500
Deposits in court—Custody of money deposited.
District court, civil trial: Chapter 12.12 RCW.
Juries
crimes relating to: Chapter 9.51 RCW.
generally: Chapter 2.36 RCW.
4.44.020 Notice of trial—Note of issue. At any time
after the issues of fact are completed in any case by the
service of complaint and answer or reply when necessary, as
herein provided, either party may cause the issues of fact to
be brought on for trial, by serving upon the opposite party
a notice of trial at least three days before any day provided
by rules of court for setting causes for trial, which notice
shall give the title of the cause as in the pleadings, and
notify the opposite party that the issues in such action will
be brought on for trial at the time set by the court; and the
party giving such notice of trial shall, at least three days
before the day of setting such causes for trial file with the
clerk of the court a note of issue containing the title of the
action, the names of the attorneys and the date when the last
pleading was served; and the clerk shall thereupon enter the
cause upon the trial docket according to the date of the issue.
In case an issue of law raised upon the pleadings is
desired to be brought on for argument, either party shall, at
least three days before the day set apart by the court under
its rules for hearing issues of law, serve upon the opposite
party a like notice of trial and furnish the clerk of the court
with a note of issue as above provided, which note of issue
shall specify that the issue to be tried is an issue of law; and
the clerk of the court shall thereupon enter such action upon
the motion docket of the court.
When a cause has once been placed upon either docket
of the court, if not tried or argued at the time for which
notice was given, it need not be noticed for a subsequent
session or day, but shall remain upon the docket from
session to session or from law day to law day until final
disposition or stricken off by the court. The party upon
whom notice of trial is served may file the note of issue and
cause the action to be placed upon the calendar without
further notice on his part. [1893 c 127 § 35; RRS § 319.]
Rules of court: Cf. CR 40(a).
4.44.025 Priority permitted for aged or ill parties in
civil cases. When setting civil cases for trial, unless
otherwise provided by statute, upon motion of a party, the
court may give priority to cases in which a party is frail and
[Title 4 RCW—page 42]
over seventy years of age or is afflicted with a terminal
illness. [1991 c 197 § 1.]
4.44.060 Proceedings in trial by court—Findings
deemed verdict. The order of proceedings on a trial by the
court shall be the same as provided in trials by jury. The
finding of the court upon the facts shall be deemed a verdict,
and may be set aside in the same manner and for the same
reason as far as applicable, and a new trial granted. [Code
1881 § 247; 1877 p 51 § 251; 1869 p 60 § 251; RRS § 368.]
4.44.070 Findings and conclusions, how made. Any
party may, when the evidence is closed, submit in distinct
and concise propositions the conclusions of fact which he
claims to be established, or the conclusions of law which he
desires to be adjudged, or both. They may be written and
handed to the court, or at the option of the court, oral, and
entered in the judge’s minutes. [Code 1881 § 222; 1877 p
47 § 226; 1869 p 56 § 226; RRS § 341.]
Rules of court: Cf. CR 52(a).
4.44.080 Questions of law to be decided by court.
All questions of law including the admissibility of testimony,
the facts preliminary to such admission, and the construction
of statutes and other writings, and other rules of evidence,
are to be decided by the court, and all discussions of law
addressed to it. [Code 1881 § 223; 1877 p 47 § 227; 1869
p 56 § 227; RRS § 342.]
Rules of court: Cf. ER 104 and ER 1008.
4.44.090 Questions of fact for jury. All questions of
fact other than those mentioned in RCW 4.44.080, shall be
decided by the jury, and all evidence thereon addressed to
them. [Code 1881 § 224; 1877 p 47 § 228; 1869 p 56 §
228; RRS § 343.]
Rules of court: Cf. ER 1008.
Charging juries: State Constitution Art. 4 § 16.
Right to trial by jury: State Constitution Art. 1 § 21; RCW 4.48.010.
4.44.095 Right to jury trial upon an issue of fact in
an action at law. See RCW 4.48.010.
4.44.110 Jury fee part of taxable costs. The jury fee
paid by the party demanding a trial by jury shall be a part of
the taxable costs in such action. [1961 c 304 § 3; 1903 c 43
§ 2; RRS § 317.]
4.44.120 Impanelling jury—Voir dire, challenge for
cause—Number. When the action is called for trial, the
jurors shall be selected at random from the jurors summoned
who have appeared and have not been excused. A voir dire
examination of the panel shall be conducted for the purpose
of discovering any basis for challenge for cause and to
permit the intelligent exercise of peremptory challenges.
Any necessary additions to the panel shall be selected at
random from the list of qualified jurors. The jury shall
consist of six persons, unless the parties in their written
demand for jury demand that the jury be twelve in number
or consent to a less number. The parties may consent to a
jury less than six in number but not less than three, and such
(2002 Ed.)
Trial
consent shall be entered by the clerk on the minutes of the
trial. [1996 c 40 § 1; 1972 ex.s. c 57 § 3; Code 1881 § 206;
1877 p 43 § 210; 1869 p 51 § 210; 1854 p 164 § 185; RRS
§ 323.]
Rules of court: Cf. CR 48.
Juries, district courts: Chapter 12.12 RCW.
4.44.130 Challenges—Kind and number. Either
party may challenge the jurors. The challenge shall be to
individual jurors, and be peremptory or for cause. Each
party shall be entitled to three peremptory challenges. When
there is more than one party on either side, the parties need
not join in a challenge for cause; but, they shall join in a
peremptory challenge before it can be made. If the court
finds that there is a conflict of interests between parties on
the same side, the court may allow each conflicting party up
to three peremptory challenges. [1969 ex.s. c 37 § 1; Code
1881 § 207; 1877 p 43 § 211; 1854 p 165 § 186; RRS §
324.]
4.44.140 Peremptory challenges defined. A peremptory challenge is an objection to a juror for which no reason
need be given, but upon which the court shall exclude him.
[Code 1881 § 208; 1877 p 43 § 212; 1869 p 51 § 212; RRS
§ 325.]
4.44.150 Challenges for cause defined. A challenge
for cause is an objection to a juror, and may be either:
(1) General; that the juror is disqualified from serving
in any action; or
(2) Particular; that he is disqualified from serving in the
action on trial. [Code 1881 § 209; 1877 p 43 § 213; 1869
p 51 § 213; RRS § 326.]
4.44.160 General causes of challenge. General
causes of challenge are:
(1) A want of any of the qualifications prescribed for a
juror, as set out in RCW 2.36.070.
(2) Unsoundness of mind, or such defect in the faculties
of the mind, or organs of the body, as renders him or her
incapable of performing the duties of a juror in any action.
[1992 c 93 § 6; 1975 1st ex.s. c 203 § 2; Code 1881 § 210;
1877 p 44 § 214; 1869 p 52 § 214; RRS § 327.]
Qualifications of jurors: RCW 2.36.070.
4.44.170 Particular causes of challenge. Particular
causes of challenge are of three kinds:
(1) For such a bias as when the existence of the facts is
ascertained, in judgment of law disqualifies the juror, and
which is known in this code as implied bias.
(2) For the existence of a state of mind on the part of
the juror in reference to the action, or to either party, which
satisfies the court that the challenged person cannot try the
issue impartially and without prejudice to the substantial
rights of the party challenging, and which is known in this
code as actual bias.
(3) For the existence of a defect in the functions or
organs of the body which satisfies the court that the challenged person is incapable of performing the duties of a
juror in the particular action without prejudice to the
(2002 Ed.)
4.44.120
substantial rights of the party challenging. [1975 1st ex.s. c
203 § 3; Code 1881 § 211; 1877 p 44 § 215; 1869 p 52 §
215; RRS § 329.]
Reviser’s note: The word "code" appeared in Code 1881 § 211.
Qualification of jurors: RCW 2.36.070.
4.44.180 Implied bias defined. A challenge for
implied bias may be taken for any or all of the following
causes, and not otherwise:
(1) Consanguinity or affinity within the fourth degree to
either party.
(2) Standing in the relation of guardian and ward,
attorney and client, master and servant or landlord and
tenant, to the adverse party; or being a member of the family
of, or a partner in business with, or in the employment for
wages, of the adverse party, or being surety or bail in the
action called for trial, or otherwise, for the adverse party.
(3) Having served as a juror on a previous trial in the
same action, or in another action between the same parties
for the same cause of action, or in a criminal action by the
state against either party, upon substantially the same facts
or transaction.
(4) Interest on the part of the juror in the event of the
action, or the principal question involved therein, excepting
always, the interest of the juror as a member or citizen of
the county or municipal corporation. [Code 1881 § 212;
1877 p 44 § 216; 1869 p 52 § 216; 1854 p 165 § 187; RRS
§ 330.]
4.44.190 Challenge for actual bias. A challenge for
actual bias may be taken for the cause mentioned in RCW
4.44.170(2). But on the trial of such challenge, although it
should appear that the juror challenged has formed or
expressed an opinion upon what he may have heard or read,
such opinion shall not of itself be sufficient to sustain the
challenge, but the court must be satisfied, from all the
circumstances, that the juror cannot disregard such opinion
and try the issue impartially. [Code 1881 § 213; 1877 p 44
§ 217; 1869 p 53 § 217; RRS § 331.]
4.44.210 Peremptory challenges, how taken. The
jurors having been examined as to their qualifications, first
by the plaintiff and then by the defendant, and passed for
cause, the peremptory challenges shall be conducted as
follows, to wit:
The plaintiff may challenge one, and then the defendant
may challenge one, and so alternately until the peremptory
challenges shall be exhausted. The panel being filled and
passed for cause, after said challenge shall have been made
by either party, a refusal to challenge by either party in the
said order of alternation, shall not defeat the adverse party
of his full number of challenges, but such refusal on the part
of the plaintiff to exercise his challenge in proper turn, shall
conclude him as to the jurors once accepted by him, and if
his right be not exhausted, his further challenges shall be
confined, in his proper turn, to talesmen only. [Code 1881
§ 215; 1877 p 45 § 219; 1869 p 53 § 219; RRS § 333.]
4.44.220 Order of taking challenges. The challenges
of either party shall be taken separately in the following
[Title 4 RCW—page 43]
4.44.220
Title 4 RCW: Civil Procedure
order, including in each challenge all the causes of challenge
belonging to the same class:
(1) For general disqualification.
(2) For implied bias.
(3) For actual bias.
(4) Peremptory. [Code 1881 § 216; 1877 p 45 § 220;
1869 p 53 § 220; RRS § 334.]
4.44.230 Exceptions to challenges—Determination.
The challenge may be excepted to by the adverse party for
insufficiency, and if so, the court shall determine the
sufficiency thereof, assuming the facts alleged therein to be
true. The challenge may be denied by the adverse party, and
if so, the court shall try the issue and determine the law and
the facts. [Code 1881 § 217; 1877 p 45 § 221; 1869 p 53
§ 221; RRS § 335.]
until the case is finally submitted to them. [1957 c 7 § 5;
Code 1881 § 226; 1877 p 47 § 230; 1869 p 56 § 230; RRS
§ 345.]
Care of jury while deliberating: RCW 4.44.300.
4.44.290 Procedure when juror becomes ill. If after
the formation of the jury, and before verdict, a juror become
sick so as to be unable to perform his duty, the court may
order him to be discharged. In that case, unless the parties
agree to proceed with the other jurors, a new juror may be
sworn and the trial begin anew; or the jury may be discharged and a new jury then or afterwards formed. [Code
1881 § 227; 1877 p 48 § 231; 1869 p 56 § 231; RRS § 347.]
4.44.240 Trial of challenge. Upon the trial of a
challenge, the rules of evidence applicable to testimony
offered upon the trial of an ordinary issue of fact shall
govern. The juror challenged, or any other person otherwise
competent may be examined as a witness by either party. If
a challenge be determined to be sufficient, or found to be
true, as the case may be, it shall be allowed, and the juror to
whom it was taken excluded; but if determined or found
otherwise, it shall be disallowed. [Code 1881 § 218; 1877
p 45 § 222; 1869 p 54 § 222; RRS § 336.]
4.44.250 Challenge, exception, denial may be oral.
The challenge, the exception and the denial may be made
orally. The judge of the court shall note the same upon his
minutes, and the substance of the testimony on either side.
[Code 1881 § 219; 1877 p 45 § 223; 1869 p 54 § 223; RRS
§ 337.]
4.44.300 Care of jury while deliberating. After
hearing the charge, the jury may either decide in the jury
box or retire for deliberation. If they retire, they must be
kept together in a room provided for them, or some other
convenient place under the charge of one or more officers,
until they agree upon their verdict, or are discharged by the
court. The officer shall, to the best of his ability, keep the
jury thus separate from other persons, without drink, except
water, and without food, except [as] ordered by the court.
He must not suffer any communication to be made to them,
nor make any himself, unless by order of the court, except
to ask them if they have agreed upon their verdict, and he
shall not, before the verdict is rendered, communicate to any
person the state of their deliberations or the verdict agreed
on. [Code 1881 § 229; 1877 p 48 § 233; 1869 p 57 § 233;
1854 p 166 § 194; RRS § 349.]
Rules of court: Cf. CR 47(i), 51(h).
Admonitions to jury, separation: RCW 4.44.280.
4.44.260 Oath of jurors. As soon as the number of
the jury has been completed, an oath or affirmation shall be
administered to the jurors, in substance that they and each of
them, will well, and truly try, the matter in issue between the
plaintiff and defendant, and a true verdict give, according to
the law and evidence as given them on the trial. [Code 1881
§ 220; 1877 p 46 § 224; 1869 p 54 § 224; RRS § 338.]
Oaths and mode of administering: State Constitution Art. 1 § 6.
4.44.270 View of premises by jury. Whenever in the
opinion of the court it is proper that the jury should have a
view of real property which is the subject of litigation, or of
the place in which any material fact occurred, it may order
the jury to be conducted in a body, in the custody of a
proper officer, to the place which shall be shown to them by
the judge or by a person appointed by the court for that
purpose. While the jury are thus absent no person other than
the judge, or person so appointed, shall speak to them on
any subject connected with the trial. [Code 1881 § 225;
1877 p 47 § 229; 1869 p 56 § 229; RRS § 344.]
4.44.280 Admonitions to jurors. The jurors may be
admonished by the court that it is their duty not to converse
with any other person, or among themselves, on any subject
connected with the trial, or to express any opinion thereon,
[Title 4 RCW—page 44]
4.44.310 Expense of keeping jury. If, while the jury
are kept together, either during the progress of the trial or
after their retirement for deliberation, the court orders them
to be provided with suitable and sufficient food and lodging,
they shall be so provided by the sheriff, at the expense of
the county. [Code 1881 § 230; 1877 p 48 § 234; 1869 p 57
§ 234; RRS § 350.]
4.44.330 Discharge of jury without verdict. The
jury may be discharged by the court on account of the
sickness of a juror, or other accident or calamity requiring
their discharge, or by consent of both parties, or after they
have been kept together until it satisfactorily appears that
there is no probability of their agreeing. [Code 1881 § 233;
1877 p 48 § 237; 1869 p 58 § 237; RRS § 353.]
4.44.340 Effect of discharge of jury. In all cases
where a jury are discharged or prevented from giving a
verdict, by reason of accident or other cause, during the
progress of the trial or after the cause is submitted to them,
the action shall thereafter be for trial anew. [1891 c 60 § 2;
Code 1881 § 234; 1877 p 49 § 238; 1869 p 58 § 238; RRS
§ 354.]
4.44.350 Court recess while jury is out. While the
jury is absent the court may adjourn from time to time, in
respect to other business, but it is nevertheless to be deemed
(2002 Ed.)
Trial
open for every purpose connected with the cause submitted
to the jury until a verdict is rendered or the jury discharged.
[1957 c 9 § 2; Code 1881 § 235; 1877 p 49 § 239; 1869 p
58 § 239; 1854 p 166 § 197; RRS § 355.]
4.44.360 Proceedings when jury have agreed. When
the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge.
Their names shall then be called, and if all do not appear,
the rest shall be discharged without giving a verdict. [Code
1881 § 236; 1877 p 49 § 240; 1869 p 58 § 240; RRS § 356.]
4.44.370 Manner of giving verdict. If the jury
appear, they shall be asked by the court or the clerk whether
they have agreed upon their verdict, and if the foreman
answers in the affirmative, he shall on being required declare
the same. [Code 1881 § 237; 1877 p 49 § 241; 1869 p 58
§ 241; RRS § 357.]
4.44.380 Number of jurors required to render
verdict. In all trials by juries of six in the superior court,
except criminal trials, when five of the jurors agree upon a
verdict, the verdict so agreed upon shall be signed by the
foreman, and the verdict shall stand as the verdict of the
whole jury, and have all the force and effect of a verdict
agreed to by six jurors. In cases where the jury is twelve in
number, a verdict reached by ten shall have the same force
and effect as described above, and the same procedures shall
be followed. [1972 ex.s. c 57 § 4; 1895 c 36 § 1; RRS §
358.]
Trial by jury: State Constitution Art. 1 § 21.
4.44.390 Jury may be polled. When the verdict is
returned into court either party may poll the jury, and if the
number of jurors required for verdict answer that it is the
verdict said verdict shall stand. In case the number of jurors
required for verdict do not answer in the affirmative the jury
shall be returned to the jury room for further deliberation.
[1972 ex.s. c 57 § 6; 1895 c 36 § 2; RRS § 359.]
4.44.400 Correction of informal verdict—Polling
jury. When a verdict is given and before it is filed, the jury
may be polled at the request of either party, for which
purpose each shall be asked whether it is his verdict; if any
juror answer in the negative the jury shall be sent out for
further deliberation. If the verdict be informal or insufficient, it may be corrected by the jury under the advice of the
court, or the jury may again be sent out. [Code 1881 § 238;
1877 p 49 § 242; 1869 p 58 § 242; RRS § 360.]
Reviser’s note: For later enactment regarding the polling of a jury,
see RCW 4.44.390.
4.44.410 General or special verdicts. The verdict of
a jury is either general or special. [1984 c 76 § 4; Code
1881 § 240; 1877 p 49 § 244; 1869 p 59 § 244; 1854 p 167
§ 198; RRS § 362.]
Rules of court: See CR 49.
4.44.420 Verdict in action for specific personal
property. In an action for the recovery of specific personal
(2002 Ed.)
4.44.350
property, if the property has not been delivered to the
plaintiff, or the defendant by his answer claims a return
thereof, the jury shall assess the value of the property if their
verdict be in favor of the plaintiff, or if they find in favor of
the defendant and that he is entitled to a return thereof, they
may at the same time assess the damages, if any are claimed
in the complaint or answer, which the prevailing party has
sustained by reason of the detention or taking and withholding such property. [Code 1881 § 241; 1877 p 50 § 245;
1869 p 59 § 245; 1854 p 167 § 199; RRS § 363.]
4.44.440 Special verdict controls. When a special
finding of facts shall be inconsistent with the general verdict,
the former shall control the latter, and the court shall give
judgment accordingly. [Code 1881 § 243; 1877 p 50 § 247;
1869 p 60 § 247; 1854 p 167 § 201; RRS § 365.]
Rules of court: Cf. CR 49(b).
4.44.450 Jury to assess amount of recovery. When
a verdict is found for the plaintiff in an action for the
recovery of money, or for the defendant when a setoff for
the recovery of money is established beyond the amount of
the plaintiff’s claim as established, the jury shall also assess
the amount of the recovery; they may also, under the
direction of the court, assess the amount of the recovery
when the court gives judgment for the plaintiff on the
pleadings. [1891 c 60 § 3; Code 1881 § 244; 1877 p 50 §
248; 1869 p 60 § 248; 1854 p 167 § 202; RRS § 366.]
4.44.460 Receiving verdict and discharging jury.
When the verdict is given and is such as the court may
receive, and if no juror disagrees or the jury be not again
sent out, the clerk shall file the verdict. The verdict is then
complete and the jury shall be discharged from the case.
The verdict shall be in writing, and under the direction of the
court shall be substantially entered in the journal as of the
day’s proceedings on which it was given. [Code 1881 §
239; 1877 p 49 § 243; 1869 p 59 § 243; RRS § 361.]
4.44.470 Court may fix amount of bond in civil
actions. Whenever by statute a bond or other security is
required for any purpose in an action or other proceeding in
a court of record and if the party shall apply therefor, the
court shall have power to prescribe the amount of the bond
or other security notwithstanding any requirement of the
statute; and in every such case money in an amount prescribed by the court may be deposited with the clerk in lieu
of a bond. After a bond or other security shall have been
given, the court in its discretion may require additional
security either on its own motion or upon motion of an
interested party or person. The courts shall exercise care to
require adequate though not excessive security in every
instance. [1927 c 272 § 1; RRS § 958-4.]
Suretyship: Chapters 19.72, 48.28 RCW.
4.44.480 Deposits in court—Order. When it is
admitted by the pleading or examination of a party, that he
has in his possession, or under his control, any money, or
other thing capable of delivery, which being the subject of
the litigation, is held by him as trustee for another party, or
[Title 4 RCW—page 45]
4.44.480
Title 4 RCW: Civil Procedure
which belongs or is due to another party, the court may
order the same to be deposited in court, or delivered to such
party, with or without security, subject to the further direction of the court. [Code 1881 § 195; 1877 p 41 § 199; 1869
p 49 § 203; 1854 p 163 § 174; RRS § 745.]
Rules of court: Cf. CR 67.
4.44.490 Deposits in court—Enforcement of order.
Whenever, in the exercise of its authority, a court shall have
ordered the deposit or delivery of money or other thing, and
the order is disobeyed, the court, besides punishing the
disobedience as for contempt, may make an order requiring
the sheriff to take the money or thing, and deposit or deliver
it, in conformity with the direction of the court. [Code 1881
§ 196; 1877 p 41 § 200; 1869 p 49 § 200; 1854 p 163 §
175; RRS § 746.]
Rules of court: Cf. CR 67.
4.44.500 Deposits in court—Custody of money
deposited. Money deposited, or paid into a court in an
action, shall not be loaned out, unless, with the consent of all
parties having an interest in, or making claim to the same.
[Code 1881 § 197; 1877 p 41 § 201; 1869 p 49 § 201; 1854
p 163 § 176; RRS § 747.]
Rules of court: Cf. CR 38(a).
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.020 Reference without consent. Where the
parties do not consent, the court may upon the application of
either party, direct a reference in all cases formerly cognizable in chancery in which reference might be made:
(1) When the trial of an issue of fact shall require the
examination of a long account on either side, in which case
the referees may be directed to hear and decide the whole
issue, or to report upon any specific question of fact involved therein; or,
(2) When the taking of an account shall be necessary for
the information of the court, before judgment upon an issue
of law, or for carrying a judgment or order into effect; or,
(3) When a question of fact other than upon the
pleadings shall arise, upon motion or otherwise, in any stage
of the action; or,
(4) When it is necessary for the information of the court
in a special proceeding. [1984 c 258 § 513; Code 1881 §
249; 1877 p 51 § 253; 1869 p 61 § 253; 1854 p 168 § 207;
RRS § 370.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Rules of court: Cf. CR 67.
Chapter 4.48
TRIAL BEFORE REFEREE
Sections
4.48.010
4.48.020
4.48.030
4.48.040
4.48.050
4.48.060
4.48.070
4.48.080
4.48.090
4.48.100
4.48.110
4.48.120
4.48.130
Reference by consent—Right to jury trial—Referee may not
preside—Parties’ written consent constitutes waiver of
right.
Reference without consent.
To whom reference may be ordered.
Qualifications of referees.
Challenges to referees.
Trial procedure—Powers of referee—Referee to provide
clerical personnel.
Referee’s report—Contents—Evidence, filing of, frivolous.
Proceedings on filing of report.
Judgment on referee’s report.
Compensation of referee—Trial expense—Obligation of
parties, when.
Referee’s proposed report—Copies—Objections, etc.—
Request for hearing—Final report—Additional items to
be filed—Exception—Copies.
Termination of referral—Judgment—Review of referee’s
decision.
Notice of trial before referee.
4.48.010 Reference by consent—Right to jury
trial—Referee may not preside—Parties’ written consent
constitutes waiver of right. The court shall order all or any
of the issues in a civil action, whether of fact or law, or
both, referred to a referee upon the written consent of the
parties which is filed with the clerk. Any party shall have
the right in an action at law, upon an issue of fact, to
demand a trial by jury. No referee appointed under this
chapter may preside over a jury trial. The written consent
of the parties constitutes a waiver of the right of trial by jury
by any party having the right. [1984 c 258 § 512; Code
1881 § 248; 1854 p 168 § 206; RRS § 369. Formerly RCW
4.44.100, part, and 4.48.010.]
[Title 4 RCW—page 46]
4.48.030 To whom reference may be ordered. A
reference may be ordered to any person or persons not
exceeding three, agreed upon by the parties. If the reference
is not agreed to by the parties, the court may appoint one or
more persons, not exceeding three. [1984 c 258 § 514; Code
1881 § 250; 1877 p 51 § 254; 1869 p 61 § 254; 1854 p 168
§ 208; RRS § 371.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.040 Qualifications of referees. A person
appointed by the court as a referee or who serves as a
referee with the consent of the parties shall be:
(1) Qualified as a juror as provided by statute.
(2) Competent as juror between the parties.
(3) A duly admitted and practicing attorney. [1984 c
258 § 515; Code 1881 § 251; 1877 p 51 § 255; 1859 p 61
§ 255; 1854 p 169 § 209; RRS § 372.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.050 Challenges to referees. If a referee is
appointed by the court, each party shall have the same right
to challenge the appointment. Challenges shall be made and
determined in the same manner and with like effect as in the
formation of juries, except that neither party shall be entitled
to a peremptory challenge. [1984 c 258 § 516; Code 1881
§ 252; 1877 p 52 § 256; 1869 p 61 § 256; RRS § 373.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.060 Trial procedure—Powers of referee—
Referee to provide clerical personnel. (1) Subject to the
limitations and directions prescribed in the order of reference, the trial conducted by a referee shall be conducted in
(2002 Ed.)
Trial Before Referee
the same manner as a trial by the court. Unless waived in
whole or in part, the referee shall apply the rules of pleading, practice, procedure, and evidence used in the superior
courts of this state. The referee shall have the same power
to grant adjournments, administer oaths, preserve order,
punish all violations thereof upon such trial, compel the
attendance of witnesses, and to punish them for nonattendance or refusal to be sworn or testify, as is possessed by
the court.
(2) A referee appointed under RCW 4.48.010 shall
provide clerical personnel necessary for the conduct of the
proceeding, including a court reporter. [1984 c 258 § 517;
Code 1881 § 253; 1877 p 52 § 257; 1869 p 62 § 257; 1854
p 169 § 210; RRS § 374.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.070 Referee’s report—Contents—Evidence,
filing of, frivolous. The report of a referee appointed by the
court under RCW 4.48.020 shall state the facts found, and
when the order of reference includes an issue of law, it shall
state the conclusions of law separately from the facts. The
referee shall file with the report the evidence received upon
the trial. If evidence offered by either party shall not be
admitted on the trial and the party offering the same excepts
to the decision rejecting such evidence at the time, the
exceptions shall be noted by the referees and they shall take
and receive such testimony and file it with the report.
Whatever judgment the court may give upon the report, it
shall, when it appears that such evidence was frivolous and
inadmissible, require the party at whose instance it was taken
and reported, to pay all costs and disbursements thereby
incurred. [1984 c 258 § 518; Code 1881 § 254; 1877 p 52
§ 258; 1869 p 62 § 258; 1854 p 169 § 210; RRS § 375.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.080 Proceedings on filing of report. The report
of a referee appointed by the court under RCW 4.48.020
shall be filed with the clerk within twenty days after the trial
concludes. Either party may, within such time as may be
prescribed by the rules of court, or by special order, move
to set the same aside, or for judgment thereon, or such order
or proceeding as the nature of the case may require. [1984
c 258 § 519; 1957 c 9 § 3; Code 1881 § 255; 1877 p 52 §
259; 1869 p 62 § 259; RRS § 376.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.090 Judgment on referee’s report. The court
may affirm or set aside the report of a referee appointed
under RCW 4.48.020 either in whole or in part. If it affirms
the report it shall give judgment accordingly. If the report
be set aside, either in whole or in part, the court may make
another order of reference as to all or so much of the report
as is set aside, to the original referees or others, or it may
find the facts and determine the law itself and give judgment
accordingly. Upon a motion to set aside a report, the
conclusions thereof shall be deemed and considered as the
verdict of the jury. [1984 c 258 § 520; Code 1881 § 256;
1877 p 52 § 260; 1869 p 62 § 260; RRS § 377.]
(2002 Ed.)
4.48.060
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
4.48.100 Compensation of referee—Trial expense—
Obligation of parties, when. (1) The compensation of a
referee appointed under RCW 4.48.020 shall be the same as
that established for a superior court judge pro tempore under
RCW 2.08.180.
(2) If a referee is appointed pursuant to RCW 4.48.010,
the referee’s compensation shall be at the rate prescribed by
subsection (1) of this section, unless otherwise agreed to by
the parties.
(3) Payment of the compensation of a referee appointed
under RCW 4.48.010 and the expense of the trial before the
referee shall be the obligation of the parties. The obligation
shall be borne equally unless the parties agree to a different
allocation. [1984 c 258 § 524; Code 1881 § 514; 1877 p
109 § 518; 1854 p 202 § 376; RRS § 483.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Supplemental proceedings, fees of referees: RCW 6.32.280.
4.48.110 Referee’s proposed report—Copies—
Objections, etc.—Request for hearing—Final report—
Additional items to be filed—Exception—Copies. (1)
Within twenty days after the conclusion of a trial before a
referee appointed under RCW 4.48.010, unless a later time
is agreed to by the parties, the referee shall mail to each
party a copy of the referee’s proposed written report. The
proposed report shall contain the findings of fact and
conclusions of law by the referee and the judgment of the
referee.
(2) Within ten days after receipt of the copy of the
proposed report, any party may serve written objections and
suggested modifications or corrections to the proposed report
on the referee and the other parties. The referee shall
without delay consider the objections and suggestions and
prepare a final written report. If requested by any party, the
referee shall conduct a hearing on the proposed report and
any suggested corrections or modifications before preparing
the final written report.
(3) Upon completion of the final written report, the
referee shall file with the clerk of the superior court:
(a) Copies of all original papers in the action filed with
the referee;
(b) Exhibits offered and received or rejected during the
trial;
(c) The transcript of the proceedings in the trial; and
(d) The final written report containing the findings of
fact and conclusions of law by the referee and the judgment
of the referee.
(4) The presiding judge of the superior court may allow
the referee to file the final written report under subsection
(3) of this section without any of the items listed in subsection (3) (a) through (c) of this section. However, the
presiding judge shall require the referee to file those items
if a timely notice of appeal of the judgment is filed.
(5) When the referee files the written report under
subsection (3) of this section, the referee shall also mail to
each party a copy of the report. [1984 c 258 § 521.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
[Title 4 RCW—page 47]
4.48.120
Title 4 RCW: Civil Procedure
4.48.120 Termination of referral—Judgment—
Review of referee’s decision. (1) Upon receipt by the clerk
of the court of the final written report filed under RCW
4.48.110, the referral of the action shall terminate and the
presiding judge of the superior court shall order the judgment contained in the report entered as the judgment of the
court in the action. Subsequent motions and other post trial
proceedings in the action may be conducted and disposed of
by the referee upon order of the presiding judge, in the
discretion of the presiding judge, or may otherwise be
assigned by the presiding judge.
(2) The decision of a referee entered as provided in this
section may be reviewed in the same manner as if the
decision was made by the court. [1984 c 258 § 522.]
constitute the judgment roll. [Code 1881 § 299; 1877 p 61
§ 303; 1869 p 74 § 301; RRS § 379.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effect of judgment against executor or administrator.
Judgment in case of setoff—When equal or less than
plaintiff’s debt.
4.56.070
Judgment in case of setoff—When exceeds plaintiff’s debt—
Effect of contract assignment.
4.56.075
Judgment in case of setoff—When exceeds plaintiff’s debt
or affirmative relief required.
4.56.080
Judgment in action to recover personal property.
4.56.090
Assignment of judgment—Filing.
4.56.100
Satisfaction of judgments for payment of money.
4.56.110
Interest on judgments.
4.56.115
Interest on judgments against state, political subdivisions or
municipal corporations—Torts.
4.56.120
Judgment of dismissal or nonsuit, grounds, effect—Other
judgments on merits.
4.56.150
Challenge to legal sufficiency of evidence—Judgment in bar
or of nonsuit.
4.56.190
Lien of judgment.
4.56.200
Commencement of lien on real estate.
4.56.210
Cessation of lien—Extension prohibited—Exception.
4.56.250
Claims for noneconomic damages—Limitation.
4.56.260
Award of future economic damages—Proposal for periodic
payments—Security—Satisfaction of judgment.
Enforcement of judgments: Title 6 RCW.
Judgments, financial support of child: RCW 13.34.161.
Liens, cessation, financial support of child: RCW 13.34.161.
Pleading judgments: RCW 4.36.070.
Time limit for decision: State Constitution Art. 4 § 20.
Verdict or award of future economic damages in personal injury or
property damage action may provide for periodic payments: RCW
4.56.260.
4.48.130 Notice of trial before referee. (1) If an
action is to be tried by a referee appointed under RCW
4.48.010, at least five days before the date set for the trial
the referee shall advise the clerk of the court of the time and
place set for the trial. The clerk shall post in a conspicuous
place in the courthouse a notice that includes the names of
the parties to the action, the time and place set for the trial,
the name of the referee, and a statement that the proceeding
is being held before a referee agreed to by the parties under
chapter 4.48 RCW.
(2) A person interested in attending a trial before a
referee appointed under RCW 4.84.010 [4.48.010] is entitled
to do so as in a trial of a civil action in superior court.
Upon request by any person, the referee shall give the
person notice of the time and place set for the trial. [1984
c 258 § 523.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Chapter 4.52
AGREED CASES
Sections
4.52.010
4.52.020
4.52.030
Controversy may be submitted without action.
Judgment to be rendered as in other cases.
Enforcement of judgment—Appeal.
4.52.010 Controversy may be submitted without
action. Parties to a question in difference which might be
the subject of a civil action may, without action, agree upon
a case containing the facts upon which the controversy
depends, and present a submission of the same to any court
which would have jurisdiction if an action had been brought.
But it must appear by affidavit that the controversy is real,
and the proceedings in good faith to determine the rights of
the parties. The court shall thereupon hear and determine
the case and render judgment thereon as if an action were
pending. [Code 1881 § 298; 1877 p 61 § 302; 1869 p 73 §
300; RRS § 378.]
4.52.020 Judgment to be rendered as in other cases.
Judgment shall be entered in the judgment book as in other
cases, but without costs for any proceedings prior to the trial.
The case, the submission and a copy of the judgment shall
[Title 4 RCW—page 48]
4.52.030 Enforcement of judgment—Appeal. The
judgment may be enforced in the same manner as if it had
been rendered in an action, and shall be in the same manner
subject to appeal. [Code 1881 § 300; 1877 p 61 § 304; 1869
p 74 § 302; RRS § 380.]
Chapter 4.56
JUDGMENTS—GENERALLY
Sections
4.56.050
4.56.060
4.56.050 Effect of judgment against executor or
administrator. When a setoff shall be established in an
action brought by executors or administrators, and a balance
found due to the defendant, the judgment rendered thereon
against the plaintiff shall have the same effect as if the
action had been originally commenced by the defendant.
[Code 1881 § 500; 1877 p 107 § 504; RRS § 269.]
Rules of court: Cf. CR 54(b).
4.56.060 Judgment in case of setoff—When equal
or less than plaintiff’s debt. If the amount of the setoff,
duly established, be equal to the plaintiff’s debt or demand,
judgment shall be rendered that the plaintiff take nothing by
his action; if it be less than the plaintiff’s debt or demand,
the plaintiff shall have judgment for the residue only. [Code
1881 § 503; 1877 p 108 § 507; RRS § 271 1/2.]
Rules of court: Cf. CR 54(b).
(2002 Ed.)
Judgments—Generally
4.56.070 Judgment in case of setoff—When exceeds
plaintiff’s debt—Effect of contract assignment. If there
be found a balance due from the plaintiff in the action to the
defendant, judgment shall be rendered in favor of the
defendant for the amount thereof, but no such judgment shall
be rendered against the plaintiff when the contract, which is
the subject of the action, shall have been assigned before the
commencement of such action, nor for any balance due from
any other person than the plaintiff in the action. [Code 1881
§ 504; 1877 p 108 § 508; RRS § 272. FORMER PART OF
SECTION: Code 1881 § 303; RRS § 433 now codified as
RCW 4.56.075.]
Rules of court: Cf. CR 54(b).
4.56.075 Judgment in case of setoff—When exceeds
plaintiff’s debt or affirmative relief required. If a setoff
established at the trial, exceeds the plaintiff’s demand so
established, judgment for the defendant shall be given for the
excess; or if it appears that the defendant is entitled to any
affirmative relief, judgment shall be given accordingly.
[Code 1881 § 303; 1877 p 62 § 307; 1869 p 74 § 305; 1854
p 173 § 231; RRS § 433. Formerly RCW 4.56.070, part.]
Rules of court: Cf. CR 54(b).
4.56.080 Judgment in action to recover personal
property. In an action to recover the possession of personal
property, judgment for the plaintiff may be for the possession or value thereof, in case a delivery cannot be had,
and damages for the detention. If the property has been
delivered to the plaintiff, and the defendant claim a return
thereof, judgment for the defendant may be for a return of
the property, or the value thereof, in case a return cannot be
had, and damages for taking and withholding the same.
[Code 1881 § 304; 1877 p 62 § 308; 1869 p 75 § 306; 1854
p 173 § 232; RRS § 434.]
4.56.090 Assignment of judgment—Filing. When
any judgment has been assigned, the assignment may be
filed in the office of the county clerk in the county where
the judgment is recorded and a certified copy thereof may be
filed in any county where an abstract of such judgment has
been filed and from the time of such filing shall be notice of
such assignment: PROVIDED, That such assignment of a
judgment or such certified copy thereof, may not be filed
unless it is properly acknowledged before an officer qualified
by law to take acknowledgment of deeds. [1935 c 22 § 1,
part; 1929 c 60 § 5, part; RRS § 447. Prior: 1893 c 42 §
6.]
4.56.100 Satisfaction of judgments for payment of
money. (1) When any judgment for the payment of money
only shall have been paid or satisfied, the clerk of the court
in which such judgment was rendered shall note upon the
record in the execution docket satisfaction thereof giving the
date of such satisfaction upon either the payment to such
clerk of the amount of such judgment, costs and interest and
any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in
such action and identifying the same executed by the
judgment creditor or his or her attorney of record in such
action or his or her assignee acknowledged as deeds are
(2002 Ed.)
4.56.070
acknowledged. The clerk has the authority to note the
satisfaction of judgments for criminal and juvenile legal
financial obligations when the clerk’s record indicates payment in full or as directed by the court. Every satisfaction
of judgment and every partial satisfaction of judgment which
provides for the payment of money shall clearly designate
the judgment creditor and his or her attorney if any, the
judgment debtor, the amount or type of satisfaction, whether
the satisfaction is full or partial, the cause number, and the
date of entry of the judgment. A certificate by such clerk of
the entry of such satisfaction by him or her may be filed in
the office of the clerk of any county in which an abstract of
such judgment has been filed. When so satisfied by the
clerk or the filing of such certificate the lien of such judgment shall be discharged.
(2) The department of social and health services shall
file a satisfaction of judgment for welfare fraud conviction
if a person does not pay money through the clerk as required
under subsection (1) of this section.
(3) The department of corrections shall file a satisfaction
of judgment if a person does not pay money through the
clerk’s office as required under subsection (1) of this section.
[1997 c 358 § 4; 1994 c 185 § 1; 1983 c 28 § 1; 1929 c 60
§ 6; RRS § 454. Prior: 1893 c 42 § 7.]
4.56.110 Interest on judgments. Interest on judgments shall accrue as follows:
(1) Judgments founded on written contracts, providing
for the payment of interest until paid at a specified rate, shall
bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment.
(2) All judgments for unpaid child support that have
accrued under a superior court order or an order entered
under the administrative procedure act shall bear interest at
the rate of twelve percent.
(3) Except as provided under subsections (1) and (2) of
this section, judgments shall bear interest from the date of
entry at the maximum rate permitted under RCW 19.52.020
on the date of entry thereof: PROVIDED, That in any case
where a court is directed on review to enter judgment on a
verdict or in any case where a judgment entered on a verdict
is wholly or partly affirmed on review, interest on the
judgment or on that portion of the judgment affirmed shall
date back to and shall accrue from the date the verdict was
rendered. [1989 c 360 § 19; 1983 c 147 § 1; 1982 c 198 §
1; 1980 c 94 § 5; 1969 c 46 § 1; 1899 c 80 § 6; 1895 c 136
§ 4; RRS § 457.]
Application—1983 c 147: "The 1983 amendments of RCW 4.56.110
and 4.56.115 apply only to judgments entered after July 24, 1983." [1983
c 147 § 3.]
Effective date—1980 c 94: See note following RCW 4.84.250.
4.56.115 Interest on judgments against state,
political subdivisions or municipal corporations—Torts.
Judgments founded on the tortious conduct of the state of
Washington or of the political subdivisions, municipal
corporations, and quasi municipal corporations of the state,
whether acting in their governmental or proprietary capacities, shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of
entry thereof: PROVIDED, That in any case where a court
[Title 4 RCW—page 49]
4.56.115
Title 4 RCW: Civil Procedure
is directed on review to enter judgment on a verdict or in
any case where a judgment entered on a verdict is wholly or
partly affirmed on review, interest on the judgment or on
that portion of the judgment affirmed shall date back to and
shall accrue from the date the verdict was rendered. [1983
c 147 § 2; 1975 c 26 § 1.]
Application—1983 c 147: See note following RCW 4.56.110.
4.56.120 Judgment of dismissal or nonsuit, grounds,
effect—Other judgments on merits. An action in the
superior court may be dismissed by the court and a judgment
of nonsuit rendered in the following cases:
(1) Upon the motion of the plaintiff, (a) when the case
is to be or is being tried before a jury, at any time before the
court announces its decision in favor of the defendant upon
a challenge to the legal sufficiency of the evidence, or before
the jury retire to consider their verdict, (b) when the action,
whether for legal or equitable relief, is to be or is being tried
before the court without a jury, at any time before the court
has announced its decision: PROVIDED, That no action
shall be dismissed upon the motion of the plaintiff, if the
defendant has interposed a setoff as a defense, or seeks
affirmative relief growing out of the same transaction, or sets
up a counterclaim, either legal or equitable, to the specific
property or thing which is the subject matter of the action.
(2) Upon the motion of either party, upon the written
consent of the other.
(3) When the plaintiff fails to appear at the time of trial
and the defendant appears and asks for a dismissal.
(4) Upon its own motion, when, upon the trial and
before the final submission of the case, the plaintiff abandons it.
(5) Upon its own motion, on the refusal or neglect of
the plaintiff to make the necessary parties defendants, after
having been ordered so to do by the court.
(6) Upon the motion of some of the defendants, when
there are others whom the plaintiff fails to prosecute with
diligence.
(7) Upon its own motion, for disobedience of the
plaintiff to an order of the court concerning the proceedings
in the action.
(8) Upon the motion of the defendant, when, upon the
trial, the plaintiff fails to prove some material fact or facts
necessary to sustain his action, as alleged in his complaint.
When judgment of nonsuit is given, the action is dismissed,
but such judgment shall not have the effect to bar another
action for the same cause. In every case, other than those
mentioned in this section, the judgment shall be rendered
upon the merits and shall bar another action for the same
cause. [1929 c 89 § 1; RRS §§ 408, 409, 410. Formerly
RCW 4.56.120, 4.56.130, and 4.56.140. Prior: Code 1881
§§ 286, 287, 288; 1877 p 58 §§ 290, 291, 292; 1869 p 69 §§
288, 289, 290; 1854 p 171 §§ 223, 224.]
Rules of court: Cf. CR 41(a), (b).
4.56.150 Challenge to legal sufficiency of evidence—
Judgment in bar or of nonsuit. In all cases tried in the
superior court with a jury, the defendant, at the close of the
plaintiff’s evidence, or either party, at the close of all the
evidence, may challenge the legal sufficiency of the evidence
to warrant a verdict in favor of the adverse party, and if the
[Title 4 RCW—page 50]
court shall decide as a matter of law the evidence does not
warrant a verdict, it shall thereupon discharge the jury from
further consideration of the case and enter a judgment in
accordance with its decision, which judgment if it be in
favor of the defendant shall be a bar to another action by the
plaintiff for the same cause: PROVIDED, That in case the
defendant challenge the legal sufficiency of the evidence at
the close of plaintiff’s case, and the court shall decide that
it is insufficient merely for failure of proof of some material
fact, or facts, and that there is reasonable ground to believe
that such proof can be supplied in a subsequent action, the
court may discharge the jury and enter a judgment of nonsuit
as provided in RCW 4.56.120: AND PROVIDED, FURTHER, That nothing in this section shall be construed to
authorize the court to discharge the jury and determine
disputed questions of fact. [1929 c 89 § 2; 1895 c 40 § 1;
RRS § 410-1.]
Rules of court: Cf. CR 50(a).
4.56.190 Lien of judgment. The real estate of any
judgment debtor, and such as the judgment debtor may
acquire, not exempt by law, shall be held and bound to
satisfy any judgment of the district court of the United States
rendered in this state and any judgment of the supreme
court, court of appeals, superior court, or district court of
this state, and every such judgment shall be a lien thereupon
to commence as provided in RCW 4.56.200 and to run for
a period of not to exceed ten years from the day on which
such judgment was entered unless the ten-year period is
extended in accordance with RCW 6.17.020(3). As used in
this chapter, real estate shall not include the vendor’s interest
under a real estate contract for judgments rendered after
August 23, 1983. If a judgment debtor owns real estate,
subject to execution, jointly or in common with any other
person, the judgment shall be a lien on the interest of the
defendant only.
Personal property of the judgment debtor shall be held
only from the time it is actually levied upon. [1994 c 189
§ 3. Prior: 1987 c 442 § 1103; 1987 c 202 § 116; 1983 1st
ex.s. c 45 § 5; 1980 c 105 § 3; 1971 c 81 § 16; 1929 c 60
§ 1; RRS § 445; prior: 1893 c 42 § 9; Code 1881 § 321;
1869 p 78 § 317; 1860 p 51 § 234; 1857 p 11 § 15; 1854 p
175 § 240.]
Application—1987 c 442 § 1103: "The amendment of RCW
4.56.190 by this act applies only to judgments entered after July 26, 1987."
[1987 c 442 § 1104.]
Intent—1987 c 202: See note following RCW 2.04.190.
Application—1980 c 105: See note following RCW 4.16.020.
Repeal and saving—1929 c 60: "That chapter XXVIII (28), sections
320, 321, 322, and chapter XXIX (29), sections 323 and 324, and section
753 of the Code of Washington Territory of 1881; an act entitled ’An Act
relating to the filing and recording of transcripts of judgments rendered in
this state by the district or circuit courts of the United States’, approved
February 19, 1890, Laws of 1889/90, pages 97 to 98; section 5 of chapter
XXXVIII (38) of the Laws of 1891, pages 77 to 78; chapter LXXXIV (84)
of the Laws of 1891, pages 165 to 166; chapter XLII (42) of the Laws of
1893 pages 65 to 67, and chapter XXXIX (39) of the Laws of 1897, pages
52 to 53, chapter XI of the Laws of 1897, page 10, (sections 445, 446, 447,
450, 451, 452, 453, 454, 455, 456, 458, 459, 460, 461, 462 and 463 of
Remington’s Compiled Statutes; sections 8111, 8112, 8113, 8114, 8115,
8116, 8117, 8118, 8119, 8120, 8121, 8125, 8126, 8163, 8164 and 8165 of
Pierce’s Code) are hereby repealed: PROVIDED, That such repeal shall not
be construed as affecting any rights acquired or the validity of any act done
(2002 Ed.)
Judgments—Generally
or proceeding had or pending under the provisions of any of said acts
repealed." [1929 c 60 § 9.]
Entry of judgments—Superior court—District court—Small claims: RCW
6.01.020.
Execution of judgments: RCW 6.17.020.
4.56.200 Commencement of lien on real estate. The
lien of judgments upon the real estate of the judgment debtor
shall commence as follows:
(1) Judgments of the district court of the United States
rendered or filed in the county in which the real estate of the
judgment debtor is situated, and judgments of the superior
court for the county in which the real estate of the judgment
debtor is situated, from the time of the entry or filing thereof;
(2) Judgments of the district court of the United States
rendered in any county in this state other than that in which
the real estate of the judgment debtor to be affected is
situated, judgments of the supreme court of this state,
judgments of the court of appeals of this state, and judgments of the superior court for any county other than that in
which the real estate of the judgment debtor to be affected
is situated, from the time of the filing of a duly certified
abstract of such judgment with the county clerk of the
county in which the real estate of the judgment debtor to be
affected is situated, as provided in this act;
(3) Judgments of a district court of this state rendered
or filed as a foreign judgment in a superior court in the
county in which the real estate of the judgment debtor is
situated, from the time of the filing of a duly certified
transcript of the docket of the district court with the county
clerk of the county in which such judgment was rendered or
filed, and upon such filing said judgment shall become to all
intents and purposes a judgment of the superior court for
said county; and
(4) Judgments of a district court of this state rendered
or filed in a superior court in any other county in this state
than that in which the real estate of the judgment debtor to
be affected is situated, a transcript of the docket of which
has been filed with the county clerk of the county where
such judgment was rendered or filed, from the time of filing,
with the county clerk of the county in which the real estate
of the judgment debtor to be affected is situated, of a duly
certified abstract of the record of said judgment in the office
of the county clerk of the county in which the certified
transcript of the docket of said judgment of said district
court was originally filed. [2002 c 261 § 3; 1987 c 202 §
117; 1971 c 81 § 17; 1929 c 60 § 2; RRS § 445-1.]
Reviser’s note: The words at the end of subsection (2) reading "as
provided in this act" appeared in chapter 60, Laws of 1929 which is
codified as RCW 4.56.090, 4.56.100, 4.56.190 through 4.56.210, 4.64.070,
4.64.090, 4.64.110, and 4.64.120.
Intent—1987 c 202: See note following RCW 2.04.190.
Entry of verdict in execution docket—Effect—Cessation of lien: RCW
4.64.020, 4.64.100.
4.56.210 Cessation of lien—Extension prohibited—
Exception. (1) Except as provided in subsections (2) and
(3) of this section, after the expiration of ten years from the
date of the entry of any judgment heretofore or hereafter
rendered in this state, it shall cease to be a lien or charge
against the estate or person of the judgment debtor. No suit,
(2002 Ed.)
4.56.190
action or other proceeding shall ever be had on any judgment rendered in this state by which the lien shall be
extended or continued in force for any greater or longer
period than ten years.
(2) An underlying judgment or judgment lien entered
after *the effective date of this act for accrued child support
shall continue in force for ten years after the eighteenth
birthday of the youngest child named in the order for whom
support is ordered. All judgments entered after *the effective date of this act shall contain the birth date of the
youngest child for whom support is ordered.
(3) A lien based upon an underlying judgment continues
in force for an additional ten-year period if the period of
execution for the underlying judgment is extended under
RCW 6.17.020. [1995 c 75 § 1; 1989 c 360 § 2; 1979 ex.s.
c 236 § 1; 1929 c 60 § 7; RRS §§ 459, 460. Formerly
RCW 4.56.210 and 4.56.220. Prior: 1897 c 39 §§ 1, 2.]
*Reviser’s note: This act [1989 c 360] has three effective dates.
Sections 9, 10, and 16 are effective May 12, 1989, section 39 is effective
July 1, 1990, and the remainder of this act is effective July 23, 1989.
Entry of judgments—Superior court—District court—Small claims: RCW
6.01.020.
4.56.250 Claims for noneconomic damages—
Limitation. (1) As used in this section, the following terms
have the meanings indicated unless the context clearly
requires otherwise.
(a) "Economic damages" means objectively verifiable
monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services,
loss of employment, and loss of business or employment
opportunities.
(b) "Noneconomic damages" means subjective, nonmonetary losses, including, but not limited to pain, suffering,
inconvenience, mental anguish, disability or disfigurement
incurred by the injured party, emotional distress, loss of
society and companionship, loss of consortium, injury to
reputation and humiliation, and destruction of the parentchild relationship.
(c) "Bodily injury" means physical injury, sickness, or
disease, including death.
(d) "Average annual wage" means the average annual
wage in the state of Washington as determined under RCW
50.04.355.
(2) In no action seeking damages for personal injury or
death may a claimant recover a judgment for noneconomic
damages exceeding an amount determined by multiplying
0.43 by the average annual wage and by the life expectancy
of the person incurring noneconomic damages, as the life
expectancy is determined by the life expectancy tables
adopted by the insurance commissioner. For purposes of
determining the maximum amount allowable for
noneconomic damages, a claimant’s life expectancy shall not
be less than fifteen years. The limitation contained in this
subsection applies to all claims for noneconomic damages
made by a claimant who incurred bodily injury. Claims for
loss of consortium, loss of society and companionship,
destruction of the parent-child relationship, and all other
derivative claims asserted by persons who did not sustain
bodily injury are to be included within the limitation on
[Title 4 RCW—page 51]
4.56.250
Title 4 RCW: Civil Procedure
claims for noneconomic damages arising from the same
bodily injury.
(3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (2) of this
section. [1986 c 305 § 301.]
section shall revert to the judgment debtor. [1986 c 305 §
801.]
Reviser’s note: As to the constitutionality of this section, see Sofie
v. Fibreboard Corp., 112 Wn.2d 636 (1989).
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
Chapter 4.60
JUDGMENT BY CONFESSION
4.56.260 Award of future economic damages—
Proposal for periodic payments—Security—Satisfaction
of judgment. (1) In an action based on fault seeking
damages for personal injury or property damage in which a
verdict or award for future economic damages of at least one
hundred thousand dollars is made, the court or arbitrator
shall, at the request of a party, enter a judgment which
provides for the periodic payment in whole or in part of the
future economic damages. With respect to the judgment, the
court or arbitrator shall make a specific finding as to the
dollar amount of periodic payments intended to compensate
the judgment creditor for the future economic damages.
(2) Prior to entry of judgment, the court shall request
each party to submit a proposal for periodic payment of
future economic damages to compensate the claimant.
Proposals shall include provisions for: The name of the
recipient or recipients of the payments, the dollar amount of
the payments, the interval between payments, the number of
payments or the period of time over which the payments
shall be made, modification for hardship or unforeseen
circumstances, posting of adequate security, and any other
factor the court deems relevant under the circumstances.
After each party has submitted a proposal, the court shall
select the proposal, with any changes the court deems
proper, which in the discretion of the court and the interests
of justice best provides for the future needs of the claimant
and enter judgment accordingly.
(3) If the court enters a judgment for periodic payments
and any security required by the judgment is not posted
within thirty days, the court shall enter a judgment for the
payment of future damages in a lump sum.
(4) If at any time following entry of judgment for
periodic payments, a judgment debtor fails for any reason to
make a payment in a timely fashion according to the terms
of the judgment, the judgment creditor may petition the court
for an order requiring payment by the judgment debtor of the
outstanding payments in a lump sum. In calculating the
amount of the lump sum judgment, the court shall total the
remaining periodic payments due and owing to the judgment
creditor converted to present value. The court may also
require payment of interest on the outstanding judgment.
(5) Upon the death of the judgment creditor, the court
which rendered the original judgment may, upon petition of
any party in interest, modify the judgment to award and
apportion the unpaid future damages. Money damages
awarded for loss of future earnings shall not be reduced or
payments terminated by reason of the death of the judgment
creditor.
(6) Upon satisfaction of a periodic payment judgment,
any obligation of the judgment debtor to make further
payments shall cease and any security posted pursuant to this
[Title 4 RCW—page 52]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
Sections
4.60.010
Judgment on confession authorized.
4.60.020
Confession by public and private corporations and minors.
4.60.030
Confession by person jointly liable.
4.60.040
Confession, how made.
4.60.050
Judgment by confession without suit.
4.60.060
Statement in writing—Requisites.
4.60.070
Judgment on confession—Entry—Execution.
Damages, assessment without answer: RCW 4.28.290.
4.60.010 Judgment on confession authorized. On
the confession of the defendant, with the assent of the
plaintiff or his attorney, judgment may be given against the
defendant in any action before or after answer, for any
amount or relief not exceeding or different from that
demanded in the complaint. [Code 1881 § 291; 1877 p 60
§ 295; 1869 p 72 § 293; 1854 p 172 §§ 226-228; RRS §
413.]
4.60.020 Confession by public and private corporations and minors. When the action is against the state, a
county or other public corporation therein, or a private
corporation, or a minor, the confession shall be made by the
person who at the time sustains the relation to such state,
corporation, county or minor, as would authorize the service
of a notice [summons] upon him; or in the case of a minor,
if a guardian for the action has been appointed, then by such
guardian; in all other cases the confession shall be made by
the defendant in person. [Code 1881 § 292; 1877 p 60 §
296; 1869 p 72 § 294; RRS § 414.]
4.60.030 Confession by person jointly liable. When
the action is upon a contract and against one or more
defendants jointly liable, judgment may be given on the
confession of one or more defendants, against all the defendants thus jointly liable, whether such defendants have been
served or not, to be enforced only against their joint property
and against the joint and separate property of the defendant
making the confession. [Code 1881 § 293; 1877 p 60 § 297;
1869 p 72 § 295; RRS § 415.]
4.60.040 Confession, how made. The confession and
assent thereto shall be in writing and subscribed by the
parties making the same, and acknowledged by each before
some officer authorized to take acknowledgments of deeds.
[Code 1881 § 294; 1877 p 60 § 298; 1869 p 72 § 296; RRS
§ 416.]
4.60.050 Judgment by confession without suit. A
judgment by confession may be entered without action,
either for money due or to become due, or to secure any
person against contingent liability on behalf of the defendant,
(2002 Ed.)
Judgment by Confession
or both, in the manner prescribed by this chapter. [Code
1881 § 295; 1877 p 60 § 299; 1869 p 73 § 297; RRS § 417.]
4.60.060 Statement in writing—Requisites. A
statement in writing shall be made, signed by the defendant
and verified by his oath, to the following effect:
(1) It shall authorize the entry of judgment for a
specified sum.
(2) If it be for money due or to become due, it shall
state concisely the facts out of which the indebtedness arose,
and shall show that the sum confessed to be due, is justly
due or to become due.
(3) If it be for the purpose of securing the plaintiff
against a contingent liability, it shall state concisely the facts
constituting the liability, and show that the sum confessed
therefor does not exceed the same. [Code 1881 § 296; 1877
p 61 § 300; 1869 p 73 § 298; RRS § 418.]
4.60.070 Judgment on confession—Entry—
Execution. The statement must be presented to the superior
court or a judge thereof, and if the same be found sufficient,
the court or judge shall indorse thereon an order that
judgment be entered by the clerk; whereupon it may be filed
in the office of the clerk, who shall enter a judgment for the
amount confessed, with costs. Execution may be issued and
enforced thereon in the same manner as upon judgments in
other cases. [Code 1881 § 297; 1877 p 61 § 301; 1869 p 73
§ 299; RRS § 419.]
Chapter 4.64
ENTRY OF JUDGMENTS
Sections
4.64.010
4.64.020
4.64.030
4.64.060
4.64.080
4.64.090
4.64.100
4.64.110
4.64.120
Time of entering judgment—Motions—Filing—Recording.
Entry of verdict in execution docket—Effect.
Entry of judgment—Form of judgment summary.
Execution docket—Index of record.
Entries in execution docket.
Abstract of judgment.
Abstract of verdict—Cessation of lien, certificate.
Transcript of district court docket.
Entry of abstract or transcript of judgment.
4.64.010 Time of entering judgment—Motions—
Filing—Recording.
Reviser’s note: RCW 4.64.010 was amended by 1984 c 128 § 5
without reference to its repeal by 1984 c 76 § 16. It has been decodified
for publication purposes pursuant to RCW 1.12.025.
4.64.020 Entry of verdict in execution docket—
Effect. (1) The clerk on the return of a verdict shall
forthwith enter it in the execution docket, specifying the
amount, the names of the parties to the action, and the
names of the party or parties against whom the verdict is
rendered; such entry shall be indexed in the record index and
shall conform as near as may be to entries of judgments
required to be made in the execution docket.
(2) Beginning at eight o’clock a.m. the day after the
entry of a verdict as herein provided, it shall be notice to all
the world of the rendition thereof, and any person subsequently acquiring title to or a lien upon the real property of
the party or parties against whom the verdict is returned
(2002 Ed.)
4.60.050
shall be deemed to have acquired such title or lien with
notice, and such title or lien shall be subject and inferior to
any judgment afterwards entered on the verdict. [1987 c 442
§ 1109; 1927 c 176 § 1; 1921 c 65 § 2; RRS § 431-1.]
Rules of court: Cf. CR 58(b).
4.64.030 Entry of judgment—Form of judgment
summary. (1) The clerk shall enter all judgments in the
execution docket, subject to the direction of the court and
shall specify clearly the amount to be recovered, the relief
granted, or other determination of the action.
(2)(a) On the first page of each judgment which
provides for the payment of money, including judgments in
rem, mandates of judgments, and judgments on garnishments, the following shall be succinctly summarized: The
judgment creditor and the name of his or her attorney, the
judgment debtor, the amount of the judgment, the interest
owed to the date of the judgment, and the total of the taxable
costs and attorney fees, if known at the time of the entry of
the judgment.
(b) If the judgment provides for the award of any right,
title, or interest in real property, the first page must also
include an abbreviated legal description of the property in
which the right, title, or interest was awarded by the judgment, including lot, block, plat, or section, township, and
range, and reference to the judgment page number where the
full legal description is included, if applicable; or the
assessor’s property tax parcel or account number, consistent
with RCW 65.04.045(1) (f) and (g).
(c) If the judgment provides for damages arising from
the ownership, maintenance, or use of a motor vehicle as
specified in RCW 46.29.270, the first page of the judgment
summary must clearly state that the judgment is awarded
pursuant to RCW 46.29.270 and that the clerk must give
notice to the department of licensing as outlined in RCW
46.29.310.
(3) If the attorney fees and costs are not included in the
judgment, they shall be summarized in the cost bill when
filed. The clerk may not enter a judgment, and a judgment
does not take effect, until the judgment has a summary in
compliance with this section. The clerk is not liable for an
incorrect summary. [2000 c 41 § 1; 1999 c 296 § 1; 1997
c 358 § 5; 1995 c 149 § 1; 1994 c 185 § 2; 1987 c 442 §
1107; 1984 c 128 § 6; 1983 c 28 § 2; Code 1881 § 305;
1877 p 62 § 309; 1869 p 75 § 307; RRS § 435.]
Rules of court: Cf. CR 58(a), CR 58(b), CR 78(e).
4.64.060 Execution docket—Index of record. Every
county clerk shall keep in the clerk’s office a record, to be
called the execution docket, which shall be a public record
and open during the usual business hours to all persons
desirous of inspecting it. The record must be indexed both
directly and inversely, and include all judgments, abstracts,
and transcripts of judgments in the clerk’s office. The index
must refer to each party against whom the judgment is
rendered or whose property is affected by the judgment.
[1997 c 358 § 6; 1987 c 442 § 1105; 1967 ex.s. c 34 § 1;
Code 1881 § 307; 1877 p 62 § 311; 1869 p 75 § 309; 1854
p 173 § 234; RRS § 444.]
[Title 4 RCW—page 53]
4.64.080
Title 4 RCW: Civil Procedure
4.64.080 Entries in execution docket. When entering
a judgment in the execution docket, the clerk shall leave
space on the same page, if practicable, in which the clerk
shall enter, in the order in which they occur, all the proceedings subsequent to the judgment in the case until its final
satisfaction, including when and to what county an execution
is issued, when returned, and the return or the substance
thereof. When the execution is levied on personal property
which is returned unsold, the entry shall be: "levied (noting
the date) on property not sold." When any sheriff shall
furnish the clerk with a copy of any levy upon real estate on
any judgment the minutes of which are entered in the execution docket, the entry shall be: "levied upon real estate,"
noting the date. When any execution issued to any other
county is returned levied upon real estate in such county, the
entry in the docket shall be, "levied on real estate of
. . . . . ., in . . . . . . county," noting the date, county, and
defendants whose estate is levied upon. When any money
is paid, the amount and time when paid shall be entered.
When a judgment is appealed, modified, discharged, or in
any manner satisfied, the facts in respect thereto shall be
entered. The parties interested may also assign or discharge
such judgment on such execution docket. When the judgment is fully satisfied in any way, the clerk shall write the
word "satisfied," in large letters across the face of the record
of such judgment in the execution docket. [1987 c 442 §
1108; 1957 c 7 § 6; 1923 c 130 § 2; Code 1881 § 310; 1877
p 63 § 314; 1869 p 76 § 312; 1854 p 174 § 237; RRS §
448.]
4.64.090 Abstract of judgment. The abstract of a
judgment shall contain (1) the name of the party, or parties,
in whose favor the judgment was rendered; (2) the name of
the party, or parties, against whom the judgment was rendered; (3) the date of the rendition of the judgment; (4) the
amount for which the judgment was rendered, and in the
following manner, viz: Principal $. . . .; interest $. . . .;
costs $. . . .; total $. . . . . [1987 c 442 § 1113; 1957 c 7 §
8. Prior: 1929 c 60 § 3, part; 1893 c 42 § 3; RRS § 451.]
4.64.100 Abstract of verdict—Cessation of lien,
certificate. The clerk shall, on request and at the expense
of the party in whose favor the verdict is rendered, or the
party’s attorney, prepare an abstract of such verdict in
substantially the same form as an abstract of a judgment and
transmit such abstract to the clerk of any court in any county
in the state as directed, and shall make a note on the
execution docket of the name of the county to which each of
such abstracts is sent. The clerk receiving such abstract
shall, on payment of the statutory fee, enter and index it in
the execution docket in the same manner as an abstract of
judgment. The entry shall have the same effect in such
county as in the county where the verdict was rendered.
Whenever the verdict, or any judgment rendered
thereon, shall cease to be a lien in the county where rendered, the clerk of the court shall on request of anyone, and
the payment of the cost and expense thereof, certify that the
lien has ceased, and transmit such certificate to the clerk of
any court to which an abstract was forwarded, and the clerk
receiving the certificate, on payment of the statutory fee,
shall enter it in the execution docket, and then the lien of
[Title 4 RCW—page 54]
such verdict or judgment shall cease. Nothing in this section
or RCW 4.64.020 shall be construed as authorizing the
issuance of an execution by a clerk in any other county than
that in which the judgment is rendered. [1987 c 442 § 1110;
1984 c 76 § 5; 1921 c 65 § 3; RRS § 431-2.]
Fees of
superior court clerks: RCW 36.18.020.
supreme and appellate court clerks: RCW 2.32.070.
4.64.110 Transcript of district court docket. A
transcript of the district court docket shall contain an exact
copy of the district court judgment from the docket. [1987
c 202 § 118; 1957 c 7 § 9. Prior: 1929 c 60 § 3, part; 1893
c 42 § 4; RRS § 452.]
Intent—1987 c 202: See note following RCW 2.04.190.
4.64.120 Entry of abstract or transcript of judgment. It shall be the duty of the county clerk to enter in the
execution docket any duly certified transcript of a judgment
of a district court of this state and any duly certified abstract
of any judgment of any court mentioned in RCW 4.56.200,
filed in the county clerk’s office, and to index the same in
the same manner as judgments originally rendered in the
superior court for the county of which he or she is clerk.
Jurisdiction over the judgment, including modification to or
vacation of the original judgment, transfers to the superior
court. The superior court may, in its discretion, remand the
cause to district court for determination of any motion to
vacate or modify the original judgment. [1997 c 358 § 2.
Prior: 1987 c 442 § 1111; 1987 c 202 § 119; 1929 c 60 §
4; RRS § 453; prior: 1893 c 42 § 5.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 4.68
PROCEDURE TO BIND JOINT DEBTOR
Sections
4.68.010
4.68.020
4.68.030
4.68.040
4.68.050
4.68.060
Summons after judgment.
Contents of summons.
Affidavit must accompany summons.
Defenses.
Pleadings.
Trial.
4.68.010 Summons after judgment. When a judgment is recorded against one or more of several persons
jointly indebted upon an obligation by proceeding as provided by the court by rule, such defendants who were not
originally served with the summons, and did not appear to
the action, may be summoned to show cause why they
should not be bound by the judgment, in the same manner
as though they had been originally served with the summons.
[1984 c 76 § 6; Code 1881 § 314; 1877 p 64 § 318; RRS §
436.]
4.68.020 Contents of summons. The summons, as
provided in RCW 4.68.010, must describe the judgment, and
require the person summoned to show cause why he should
not be bound by it, and must be served in the same manner
and returnable within the same time, as the original sum-
(2002 Ed.)
Procedure to Bind Joint Debtor
4.68.020
4.68.040 Defenses. Upon the service of such summons and affidavit, the defendant may answer within the
time specified therein, denying the judgment, or setting up
any defense which may have arisen subsequently to the
taking of the judgment, or he may deny his liability on the
obligation upon which the judgment was rendered, except a
discharge from such liability by the statute of limitations.
[Code 1881 § 317; 1877 p 65 § 321; RRS § 439.]
(2) By a new trial granted in proceedings against
defendant served by publication only as prescribed in RCW
4.28.200.
(3) For mistakes, neglect or omission of the clerk, or
irregularity in obtaining a judgment or order.
(4) For fraud practiced by the successful party in
obtaining the judgment or order.
(5) For erroneous proceedings against a minor or person
of unsound mind, when the condition of such defendant does
not appear in the record, nor the error in the proceedings.
(6) For the death of one of the parties before the
judgment in the action.
(7) For unavoidable casualty, or misfortune preventing
the party from prosecuting or defending.
(8) For error in a judgment shown by a minor, within
twelve months after arriving at full age. [1957 c 9 § 4;
Code 1881 § 436; 1877 p 96 § 438; 1875 p 20 § 1; RRS §
464.]
4.68.050 Pleadings. If the defendant in his answer,
deny the judgment, or set up any defense which may have
arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in
the case; if he deny his liability on the obligation upon
which the judgment was rendered, a copy of the original
complaint and judgment, the summons with the affidavit
annexed, and the answer constitute such written allegations.
[Code 1881 § 318; 1877 p 65 § 322; RRS § 440.]
4.72.020 Motion to vacate—Time limitation. The
proceedings to vacate or modify a judgment or order for
mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on
the adverse party or on his attorney in the action, and within
one year. [1891 c 27 § 1; Code 1881 § 438; 1877 p 97 §
440; 1875 p 21 § 3; RRS § 466.]
mons. It is not necessary to file a new complaint. [Code
1881 § 315; 1877 p 64 § 319; RRS § 437.]
4.68.030 Affidavit must accompany summons. The
summons must be accompanied by an affidavit of the
plaintiff, his agent, representative, or attorney, that the
judgment, or some part thereof, remains unsatisfied, and
must specify the amount due thereon. [Code 1881 § 316;
1877 p 65 § 320; RRS § 438.]
Rules of court: Cf. CR 52(d), CR 60(b).
Judgment to recover realty, vacation: RCW 7.28.260.
Rules of court: Cf. CR 60(b).
4.68.060 Trial. The issue formed may be tried as in
other cases, but when the defendant denies in his answer any
liability on the obligation upon which the judgment was
rendered, if a verdict be found against him, it must not
exceed the amount remaining unsatisfied on such original
judgment, with interest thereon. [Code 1881 § 319; 1877 p
65 § 323; RRS § 441.]
Chapter 4.72
VACATION AND MODIFICATION
OF JUDGMENTS
4.72.030 Petition to vacate for certain causes—Time
limitation. RCW 4.72.010 (2), (3), (4), (5), (6), and (7)
shall be by petition verified by affidavit, setting forth the
judgment or order, the facts or errors constituting a cause to
vacate or modify it, and if the party is a defendant, the facts
constituting a defense to the action; and such proceedings
must be commenced within one year after the judgment or
order was made, unless the party entitled thereto be a minor
or person of unsound mind, and then within one year from
the removal of such disability. [1891 c 27 § 2; Code 1881
§ 439; 1877 p 97 § 441; 1875 p 21 § 4; RRS § 467.]
Rules of court: Cf. CR 60(b).
Sections
4.72.010
4.72.020
4.72.030
4.72.050
4.72.060
4.72.070
4.72.080
4.72.090
Causes for enumerated.
Motion to vacate—Time limitation.
Petition to vacate for certain causes—Time limitation.
Conditions precedent to vacation.
Grounds for vacation may first be tried.
Injunction to suspend proceedings.
Construction of chapter—Time limitations when fraud, misrepresentation concerned.
Judgment upon denial of application.
4.72.010 Causes for enumerated. The superior court
in which a judgment or final order has been rendered, or
made, shall have power to vacate or modify such judgment
or order:
(1) By granting a new trial for the cause, within the
time and in the manner, and for any of the causes prescribed
by the rules of court relating to new trials.
(2002 Ed.)
4.72.050 Conditions precedent to vacation. The
judgment shall not be vacated on motion or petition until it
is adjudged that there is a valid defense to the action in
which the judgment is rendered; or, if the plaintiff seeks its
vacation, that there is a valid cause of action; and when
judgment is modified, all liens and securities obtained under
it shall be preserved to the modified judgment. [Code 1881
§ 441; 1877 p 97 § 443; 1875 p 22 § 6; RRS § 469.]
4.72.060 Grounds for vacation may first be tried.
The court may first try and decide upon the grounds to
vacate or modify a judgment or order, before trying or
deciding upon the validity of the defense or cause of action.
[Code 1881 § 442; 1877 p 97 § 440; 1875 p 22 § 7; RRS §
470.]
[Title 4 RCW—page 55]
4.72.070
Title 4 RCW: Civil Procedure
4.72.070 Injunction to suspend proceedings. The
party seeking to vacate or modify a judgment or order may
obtain an injunction suspending proceedings on the whole or
part thereof, which injunction may be granted by the court
or the judge upon its being rendered probable, by affidavit
or petition sworn to, or by exhibition of the record, that the
party is entitled to have such judgment or order vacated or
modified. [Code 1881 § 443; 1877 p 97 § 445; 1875 p 22
§ 8; RRS § 471.]
Rules of court: Cf. CR 62.
4.72.080 Construction of chapter—Time limitations
when fraud, misrepresentation concerned. The provisions
of this chapter shall not be so construed as to affect the
power of the court to vacate or modify judgments or orders
as elsewhere in this code provided; nor shall the time limitations set forth in this chapter within which proceedings to
vacate or modify a judgment must be started apply to a
judgment heretofore or hereafter entered by consent or
stipulation where the grounds to vacate or modify such
judgment are based on fraud or misrepresentation, or when
after the entry of the judgment either party fails to fulfill the
terms and conditions on which the consent judgment or stipulation was entered; nor shall any judgment of acquittal in
a criminal action be vacated under the provisions of this
chapter. [1961 c 88 § 1; 1891 c 27 § 4; RRS § 472.]
Reviser’s note: The words "this code" appeared in 1891 c 27 § 4.
4.72.090 Judgment upon denial of application. In
all cases in which an application under this chapter to vacate
or modify a judgment or order for the recovery of money is
denied, if proceedings on the judgment or order shall have
been suspended, judgment shall be rendered against the
plaintiff [applicant] for the amount of the former judgment
or order, interest and costs, together with damages at the
discretion of the court, not exceeding ten percent on the
amount of the judgment or order. [1891 c 27 § 5; Code
1881 § 444; 1877 p 97 § 446; 1875 p 22 § 9; RRS § 473.]
Chapter 4.76
NEW TRIALS
Sections
4.76.010
4.76.030
4.76.070
4.76.080
New trial defined.
Increase or reduction of verdict as alternative to new trial.
Newly discovered evidence, requirements as to.
Petition for new trial when discovery of grounds delayed.
4.76.010 New trial defined. A new trial is a reexamination of an issue in the same court after a trial and decision
by a jury, court or referees. [Code 1881 § 275; 1877 p 56
§ 279; 1869 p 67 § 277; 1854 p 170 § 215; RRS § 398.]
4.76.030 Increase or reduction of verdict as alternative to new trial. If the trial court shall, upon a motion for
new trial, find the damages awarded by a jury to be so
excessive or inadequate as unmistakably to indicate that the
amount thereof must have been the result of passion or
prejudice, the trial court may order a new trial or may enter
an order providing for a new trial unless the party adversely
affected shall consent to a reduction or increase of such
[Title 4 RCW—page 56]
verdict, and if such party shall file such consent and the
opposite party shall thereafter appeal from the judgment
entered, the party who shall have filed such consent shall not
be bound thereby, but upon such appeal the court of appeals
or the supreme court shall, without the necessity of a formal
cross-appeal, review de novo the action of the trial court in
requiring such reduction or increase, and there shall be a
presumption that the amount of damages awarded by the
verdict of the jury was correct and such amount shall
prevail, unless the court of appeals or the supreme court
shall find from the record that the damages awarded in such
verdict by the jury were so excessive or so inadequate as
unmistakably to indicate that the amount of the verdict must
have been the result of passion or prejudice. [1971 c 81 §
19; 1933 c 138 § 2; RRS § 399-1.]
Severability—1933 c 138: "Adjudication of invalidity of any of the
sections of this act, or any part of any section, shall not impair or otherwise
affect the validity of any other of said sections or remaining part of any
section." [1933 c 138 § 3.]
4.76.070 Newly discovered evidence, requirements
as to. If the motion be supported by affidavits and the cause
be newly discovered evidence, the affidavits of any witness
or witnesses, showing what their testimony will be, shall be
produced or good reasons shown for their nonproduction.
[1891 c 59 § 2; Code 1881 § 282; 1877 p 57 § 286; 1869 p
68 § 284; 1854 p 170 § 219; RRS § 403.]
4.76.080 Petition for new trial when discovery of
grounds delayed. When the grounds for a new trial could
not with reasonable diligence have been discovered before,
but are discovered after the time when the verdict, report of
referee, or decision was rendered or made, the application
may be made by petition filed as in other cases, not later
than after the discovery, on which notice shall be served and
returned, and the defendant held to appear as in an original
action. The facts stated in the petition shall be considered
as denied without answer. The case shall be tried as other
cases by ordinary proceedings, but no motion shall be filed
more than one year after the final judgment was rendered.
[1955 c 44 § 1; Code 1881 § 437; 1875 p 21 § 2; RRS §
465.]
Chapter 4.80
EXCEPTIONS
Sections
4.80.010
Exception defined.
4.80.020
When to be taken.
4.80.030
Requisites—Entry in minutes.
4.80.040
Manner of taking and entry.
4.80.140
Application of chapter.
Rules of court: Cf. CR 46.
4.80.010 Exception defined. An exception is a claim
of error in a ruling or decision of a court, judge or other
tribunal, or officer exercising judicial functions, made in the
course of an action or proceeding or after judgment therein.
[1893 c 60 § 1; RRS § 381.]
Rules of court: Cf. CR 46.
Construction—1893 c 60: "This act shall govern proceedings had
after it shall take effect, in actions then pending as well as those in actions
(2002 Ed.)
Exceptions
thereafter begun; but it shall not affect any right acquired or proceeding had
prior to the time when it shall take effect, nor restore any right or enlarge
any time then already lost or expired. And except as above provided all
acts and parts of acts inconsistent with the provisions of this act are hereby
repealed." [1893 c 60 § 18.] This applies to RCW 4.80.010 through
4.80.140.
4.80.020 When to be taken. It shall not be necessary
or proper to take or enter an exception to any ruling or
decision mentioned in RCW 4.80.010, which is embodied in
a written judgment, order or journal entry in the cause. But
this section shall not apply to the report of a referee or
commissioner, or to findings of fact or conclusions of law in
a report or decision of a referee or commissioner, or in a
decision of a court or judge upon a cause or part of a cause,
either legal or equitable, tried without a jury. [1893 c 60 §
2; RRS § 382.]
Rules of court: Cf. CR 46.
4.80.030 Requisites—Entry in minutes. Exceptions
to any ruling upon an objection to the admission of evidence,
offered in the course of a trial or hearing, need not be
formally taken, but the question put or other offer of
evidence, together with the objection thereto and the ruling
thereon, shall be entered by the court, judge, referee or
commissioner (or by the stenographer, if one is in attendance) in the minutes of the trial or hearing, and such entry
shall import an exception by the party against whom the
ruling was made. [1893 c 60 § 5; RRS § 385.]
Rules of court: Cf. CR 46.
4.80.040 Manner of taking and entry. Exceptions to
any ruling or decision made in the course of a trial or
hearing, or in the progress of a cause, except those to which
it is provided in this chapter that no exception need be taken
and those to which some other mode of exception is in this
chapter prescribed, may be taken by any party by stating to
the court, judge, referee or commissioner making the ruling
or decision, when the same is made, that such party excepts
to the same; whereupon such court, judge, referee or
commissioner shall note the exception in the minutes of the
trial, hearing or cause, or shall cause the stenographer (if one
is in attendance) so to note the same. [1893 c 60 § 6; RRS
§ 386.]
Rules of court: Cf. CR 46.
4.80.140 Application of chapter. This chapter shall
apply to and govern all civil actions and proceedings, both
legal and equitable, and all criminal causes, in the superior
courts, but shall not apply to district courts or other courts
of limited jurisdiction from which an appeal does not lie directly to the supreme court or court of appeals. [1987 c 202
§ 120; 1971 c 81 § 21; 1893 c 60 § 17; RRS § 397, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
(2002 Ed.)
4.80.010
Chapter 4.84
COSTS
Sections
4.84.010
Costs allowed to prevailing party—Defined—Compensation
of attorneys.
4.84.020
Amount of contracted attorneys’ fee to be fixed by court.
4.84.030
Prevailing party to recover costs.
4.84.040
Limitation on costs in certain actions.
4.84.050
Limited to one of several actions.
4.84.060
Costs to defendant.
4.84.070
Costs to defendants defending separately.
4.84.080
Schedule of attorneys’ fees.
4.84.090
Cost bill—Witnesses to report attendance.
4.84.100
Costs on postponement of trial.
4.84.110
Costs where tender is made.
4.84.120
Costs where deposit in court is made and rejected.
4.84.130
Costs in appeals from district courts.
4.84.140
Costs against guardian of infant plaintiff.
4.84.150
Costs against fiduciaries.
4.84.160
Costs against assignee.
4.84.170
Costs against state or county.
4.84.185
Prevailing party to receive expenses for opposing frivolous
action or defense.
4.84.190
Costs in proceedings not specifically covered.
4.84.200
Retaxation of costs.
4.84.210
Security for costs.
4.84.220
Bond in lieu of separate security.
4.84.230
Dismissal for failure to give security.
4.84.240
Judgment on cost bond.
4.84.250
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—Allowed to prevailing party.
4.84.260
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—When plaintiff deemed prevailing party.
4.84.270
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—When defendant deemed prevailing
party.
4.84.280
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—Offers of settlement in determining.
4.84.290
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—Prevailing party on appeal.
4.84.300
Attorneys’ fees as costs in damage actions of ten thousand
dollars or less—Application.
4.84.320
Attorneys’ fees in actions for injuries resulting from the
rendering of medical and other health care.
4.84.330
Actions on contract or lease which provides that attorney’s
fees and costs incurred to enforce provisions be awarded
to one of parties—Prevailing party entitled to attorney’s
fees—Waiver prohibited.
4.84.340
Judicial review of agency action—Definitions.
4.84.350
Judicial review of agency action—Award of fees and expenses.
4.84.360
Judicial review of agency action—Payment of fees and expenses—Report to office of financial management.
4.84.370
Appeal of land use decisions—Fees and costs.
Deposit of jury fee taxable as costs: RCW 4.44.110.
4.84.010 Costs allowed to prevailing party—
Defined—Compensation of attorneys. The measure and
mode of compensation of attorneys and counselors, shall be
left to the agreement, expressed or implied, of the parties,
but there shall be allowed to the prevailing party upon the
judgment certain sums by way of indemnity for the prevailing party’s expenses in the action, which allowances are
termed costs, including, in addition to costs otherwise
authorized by law, the following expenses:
(1) Filing fees;
(2) Fees for the service of process by a public officer,
registered process server, or other means, as follows:
(a) When service is by a public officer, the recoverable
cost is the fee authorized by law at the time of service.
[Title 4 RCW—page 57]
4.84.010
Title 4 RCW: Civil Procedure
(b) If service is by a process server registered pursuant
to chapter 18.180 RCW or a person exempt from registration, the recoverable cost is the amount reasonably incurred
in effecting service;
(3) Fees for service by publication;
(4) Notary fees, but only to the extent the fees are for
services that are expressly required by law and only to the
extent they represent actual costs incurred by the prevailing
party;
(5) Reasonable expenses, exclusive of attorneys’ fees,
incurred in obtaining reports and records, which are admitted
into evidence at trial or in mandatory arbitration in superior
or district court, including but not limited to medical records,
tax records, personnel records, insurance reports, employment and wage records, police reports, school records, bank
records, and legal files;
(6) Statutory attorney and witness fees; and
(7) To the extent that the court or arbitrator finds that it
was necessary to achieve the successful result, the reasonable
expense of the transcription of depositions used at trial or at
the mandatory arbitration hearing: PROVIDED, That the
expenses of depositions shall be allowed on a pro rata basis
for those portions of the depositions introduced into evidence
or used for purposes of impeachment. [1993 c 48 § 1; 1984
c 258 § 92; 1983 1st ex.s. c 45 § 7; Code 1881 § 505; 1877
p 108 § 509; 1869 p 123 § 459; 1854 p 201 § 367; RRS §
474.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Attorney fee in appeals from board of industrial insurance appeals: RCW
51.52.130, 51.52.132.
4.84.020 Amount of contracted attorneys’ fee to be
fixed by court. In all cases of foreclosure of mortgages and
in all other cases in which attorneys’ fees are allowed, the
amount thereof shall be fixed by the court at such sum as the
court shall deem reasonable, any stipulations in the note,
mortgage or other instrument to the contrary notwithstanding; but in no case shall said fee be fixed above contract
price stated in said note or contract. [1895 c 48 § 1; 1891
c 44 § 1; 1888 p 9 § 1; 1885 p 176 § 1; RRS § 475.]
4.84.030 Prevailing party to recover costs. In any
action in the superior court of Washington the prevailing
party shall be entitled to his or her costs and disbursements;
but the plaintiff shall in no case be entitled to costs taxed as
attorneys’ fees in actions within the jurisdiction of the
district court when commenced in the superior court. [1987
c 202 § 121; 1890 p 337 § 1; 1883 p 42 § 1; Code 1881 §§
506, 507; 1854 p 201 §§ 368, 369; RRS § 476.]
Intent—1987 c 202: See note following RCW 2.04.190.
4.84.040 Limitation on costs in certain actions. In
an action for an assault and battery, or for false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recover less than ten
dollars, he shall be entitled to no more costs or disbursements than the damage recovered. [Code 1881 § 508; 1877
p 108 § 512; 1869 p 123 § 460; 1854 p 202 § 370; RRS §
477.]
[Title 4 RCW—page 58]
4.84.050 Limited to one of several actions. When
several actions are brought on one bond, undertaking,
promissory note, bill of exchange, or other instrument in
writing, or in any other case for the same cause of action
against several parties, who might have been joined as
defendants in the same action, no costs or disbursements
shall be allowed to the plaintiff in more than one of such
actions, which may be at his election, if the parties proceeded against in the other actions were, at the commencement
of the previous action, openly within this state. [Code 1881
§ 509; 1877 p 108 § 513; 1869 p 123 § 461; 1854 p 202 §
371; RRS § 478.]
4.84.060 Costs to defendant. In all cases where costs
and disbursements are not allowed to the plaintiff, the
defendant shall be entitled to have judgment in his favor for
the same. [Code 1881 § 510; 1877 p 109 § 514; 1869 p 123
§ 462; 1854 p 202 § 372; RRS § 479.]
4.84.070 Costs to defendants defending separately.
In all actions where there are several defendants not united
in interest, and making separate defenses by separate
answers, and the plaintiff fails to recover judgment against
all, the court may award costs to such defendants as recover
judgments in their favor, or either of them. [Code 1881 §
511; 1877 p 109 § 515; 1869 p 124 § 463; 1854 p 202 §
373; RRS § 480.]
4.84.080 Schedule of attorneys’ fees. When allowed
to either party, costs to be called the attorney fee, shall be as
follows:
(1) In all actions where judgment is rendered, one
hundred twenty-five dollars.
(2) In all actions where judgment is rendered in the
supreme court or the court of appeals, after argument, one
hundred twenty-five dollars. [1985 c 240 § 1; 1981 c 331
§ 3; 1975-’76 2nd ex.s. c 30 § 2; Code 1881 § 512; 1877 p
108 § 516; 1869 p 124 § 464; 1854 p 202 § 374; RRS §
481.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
Costs: RCW 4.84.190.
Transmission of record on change of venue—Costs, attorney’s fees: RCW
4.12.090.
4.84.090 Cost bill—Witnesses to report attendance.
The prevailing party, in addition to allowance for costs, as
provided in RCW 4.84.080, shall also be allowed for all
necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the necessary expenses
of taking depositions, by commission or otherwise, and the
compensation of referees. The court shall allow the prevailing party all service of process charges in case such process
was served by a person or persons not an officer or officers.
Such service charge shall be the same as is now allowed or
shall in the future be allowed as fee and mileage to an
officer. The disbursements shall be stated in detail and
verified by affidavit, and shall be served on the opposite
party or his attorney, and filed with the clerk of the court,
within ten days after the judgment: PROVIDED, The clerk
of the court shall keep a record of all witnesses in attendance
(2002 Ed.)
Costs
upon any civil action, for whom fees are to be claimed, with
the number of days in attendance and their mileage, and no
fees or mileage for any witness shall be taxed in the cost bill
unless they shall have reported their attendance at the close
of each day’s session to the clerk in attendance at such trial.
[1949 c 146 § 1; 1905 c 16 § 1; Code 1881 § 513; 1877 p
109 § 517; 1869 p 124 § 465; 1854 p 202 § 375; Rem.
Supp. 1949 § 482.]
Witness fees and mileage: Chapter 2.40 RCW.
4.84.100 Costs on postponement of trial. When an
application shall be made to a court or referees to postpone
a trial, the payment to the adverse party of a sum not
exceeding ten dollars, besides the fees of witnesses, may be
imposed as the condition of granting the postponement.
[Code 1881 § 515; 1877 p 109 § 519; 1854 p 203 § 377;
RRS § 484.]
4.84.110 Costs where tender is made. When in an
action for the recovery of money, the defendant alleges in
his answer, that, before the commencement of the action, he
tendered to the plaintiff the full amount to which he is
entitled, in such money as by agreement ought to be tendered, and thereupon brings into court, for the plaintiff, the
amount tendered, and the allegation be found true, the
plaintiff shall not recover costs, but shall pay them to the
defendant. [Code 1881 § 516; 1877 p 109 § 520; 1854 p
203 § 378; RRS § 485.]
4.84.120 Costs where deposit in court is made and
rejected. If the defendant in any action pending, shall at
any time deposit with the clerk of the court, for the plaintiff,
the amount which he admits to be due, together with all
costs that have accrued, and notify the plaintiff thereof, and
such plaintiff shall refuse to accept the same in discharge of
the action, and shall not afterwards recover a larger amount
than that deposited with the clerk, exclusive of interest and
cost, he shall pay all costs that may accrue from the time
such money was so deposited. [Code 1881 § 517; 1877 p
110 § 521; 1854 p 203 § 379; RRS § 486.]
Conflicting claims, deposit in court, costs: RCW 4.08.170.
4.84.130 Costs in appeals from district courts. In
all civil actions tried before the district court, in which an
appeal shall be taken to the superior court, and the party
appellant shall not recover a more favorable judgment in the
superior court than before the district court, such appellant
shall pay all costs. [1987 c 202 § 122; Code 1881 § 518;
1877 p 110 § 522; 1854 p 203 § 380; RRS § 487.]
Intent—1987 c 202: See note following RCW 2.04.190.
District court appeals: Chapter 12.36 RCW.
4.84.140 Costs against guardian of infant plaintiff.
When costs are adjudged against an infant plaintiff, the
guardian or person by whom he appeared in the action shall
be responsible therefor, and payment may be enforced by
execution. [Code 1881 § 519; 1877 p 110 § 523; 1854 p
203 § 381; RRS § 488.]
(2002 Ed.)
4.84.090
4.84.150 Costs against fiduciaries. In [an] action
prosecuted or defended by an executor, administrator, trustee
of an express trust, or a person expressly authorized by
statute, costs shall be recovered as in an action by or against
a person prosecuting in his own right, but such costs shall be
chargeable only upon or collected of the estate of the party
represented, unless the court shall direct the same to be paid
by the plaintiff or defendant personally, for mismanagement
or bad faith in such action or defense. [Code 1881 § 520;
1877 p 110 § 524; 1854 p 203 § 382; RRS § 489.]
Actions by and against personal representatives, etc.: Chapter 11.48 RCW.
4.84.160 Costs against assignee. When the cause of
action, after the commencement of the action, by assignment,
or in any other manner, becomes the property of a person
not a party thereto, and the prosecution or defense is
thereafter continued, such person shall be liable for the costs
in the same manner as if he were a party, and payment
thereof may be enforced by execution. [Code 1881 § 521;
1877 p 110 § 525; 1869 p 125 § 473; 1854 p 203 § 383;
RRS § 490.]
4.84.170 Costs against state or county. In all actions
prosecuted in the name and for the use of the state, or in the
name and for the use of any county, and in any action
brought against the state or any county, and on all appeals to
the supreme court or the court of appeals of the state in all
actions brought by or against either the state or any county,
the state or county shall be liable for costs in the same case
and to the same extent as private parties. [1971 c 81 § 22;
1959 c 62 § 1; Code 1881 § 522; 1877 p 110 § 526; 1854
p 203 § 384; RRS § 491.]
4.84.185 Prevailing party to receive expenses for
opposing frivolous action or defense. In any civil action,
the court having jurisdiction may, upon written findings by
the judge that the action, counterclaim, cross-claim, third
party claim, or defense was frivolous and advanced without
reasonable cause, require the nonprevailing party to pay the
prevailing party the reasonable expenses, including fees of
attorneys, incurred in opposing such action, counterclaim,
cross-claim, third party claim, or defense. This determination shall be made upon motion by the prevailing party after
a voluntary or involuntary order of dismissal, order on
summary judgment, final judgment after trial, or other final
order terminating the action as to the prevailing party. The
judge shall consider all evidence presented at the time of the
motion to determine whether the position of the
nonprevailing party was frivolous and advanced without
reasonable cause. In no event may such motion be filed
more than thirty days after entry of the order.
The provisions of this section apply unless otherwise
specifically provided by statute. [1991 c 70 § 1; 1987 c 212
§ 201; 1983 c 127 § 1.]
Administrative law, frivolous petitions for judicial review: RCW 34.05.598.
4.84.190 Costs in proceedings not specifically
covered. In all actions and proceedings other than those
mentioned in this chapter [and RCW 4.48.100], where no
provision is made for the recovery of costs, they may be
allowed or not, and if allowed may be apportioned between
[Title 4 RCW—page 59]
4.84.190
Title 4 RCW: Civil Procedure
the parties, in the discretion of the court. [Code 1881 § 525;
1877 p 111 § 529; 1854 p 204 § 387; RRS § 493.]
Costs: RCW 4.84.080.
4.84.200 Retaxation of costs. Any party aggrieved by
the taxation of costs by the clerk of the court may, upon
application, have the same retaxed by the court in which the
action or proceeding is had. [Code 1881 § 526; 1877 p 111
§ 530; 1854 p 204 § 388; RRS § 494.]
4.84.210 Security for costs. When a plaintiff in an
action, or in a garnishment or other proceeding, resides out
of the county, or is a foreign corporation, or begins such
action or proceeding as the assignee of some other person or
of a firm or corporation, as to all causes of action sued upon,
security for the costs and charges which may be awarded
against such plaintiff may be required by the defendant or
garnishee defendant. When required, all proceedings in the
action or proceeding shall be stayed until a bond, executed
by two or more persons, or by a surety company authorized
to do business in this state be filed with the clerk, conditioned that they will pay such costs and charges as may be
awarded against the plaintiff by judgment, or in the progress
of the action or proceeding, not exceeding the sum of two
hundred dollars. A new or additional bond may be ordered
by the court or judge, upon proof that the original bond is
insufficient security, and proceedings in the action or
proceeding stayed until such new or additional bond be
executed and filed. The plaintiff may deposit with the clerk
the sum of two hundred dollars in lieu of a bond. [1929 c
103 § 1; Code 1881 § 527; 1877 p 111 § 531; 1854 p 204
§ 389; RRS § 495.]
4.84.220 Bond in lieu of separate security. In lieu
of separate security for each action or proceeding in any
court, the plaintiff may cause to be executed and filed in the
court a bond in the penal sum of two hundred dollars
running to the state of Washington, with surety as in case of
a separate bond, and conditioned for the payment of all
judgments for costs which may thereafter be rendered against
him in that court. Any defendant or garnishee who shall
thereafter recover a judgment for costs in said court against
the principal on such bond shall likewise be entitled to
judgment against the sureties. Such bond shall not be
sufficient unless the penalty thereof is unimpaired by any
outstanding obligation at the time of the commencement of
the action. [1929 c 103 § 2; RRS § 495-1.]
4.84.230 Dismissal for failure to give security. After
the lapse of ninety days from the service of notice that
security is required or of an order for new or additional
security, upon proof thereof, and that no undertaking as
required has been filed, the court or judge may order the
action to be dismissed. [1933 c 14 § 1; RRS § 495-2.]
4.84.240 Judgment on cost bond. Whenever any
bond or undertaking for the payment of any costs to any
party shall be filed in any action or other legal proceeding in
any court in this state and judgment should be rendered for
any such costs against the principal on any such bonds or
[Title 4 RCW—page 60]
against the party primarily liable therefor in whose behalf
any such bond or undertaking has been filed, such judgment
for costs shall be rendered against the principal on such bond
or the party primarily liable therefor and at the same time
also against his surety or sureties on any or all such bonds
or undertakings filed in any such action or other legal
proceeding. [1909 c 173 § 1; RRS § 496.]
4.84.250 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—Allowed to prevailing
party. Notwithstanding any other provisions of chapter 4.84
RCW and RCW 12.20.060, in any action for damages where
the amount pleaded by the prevailing party as hereinafter
defined, exclusive of costs, is seven thousand five hundred
dollars or less, there shall be taxed and allowed to the prevailing party as a part of the costs of the action a reasonable
amount to be fixed by the court as attorneys’ fees. After
July 1, 1985, the maximum amount of the pleading under
this section shall be ten thousand dollars. [1984 c 258 § 88;
1980 c 94 § 1; 1973 c 84 § 1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1980 c 94: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect May 1,
1980." [1980 c 94 § 6.]
4.84.260 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—When plaintiff deemed
prevailing party. The plaintiff, or party seeking relief, shall
be deemed the prevailing party within the meaning of RCW
4.84.250 when the recovery, exclusive of costs, is as much
as or more than the amount offered in settlement by the
plaintiff, or party seeking relief, as set forth in RCW
4.84.280. [1973 c 84 § 2.]
4.84.270 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—When defendant deemed
prevailing party. The defendant, or party resisting relief,
shall be deemed the prevailing party within the meaning of
RCW 4.84.250, if the plaintiff, or party seeking relief in an
action for damages where the amount pleaded, exclusive of
costs, is equal to or less than the maximum allowed under
RCW 4.84.250, recovers nothing, or if the recovery, exclusive of costs, is the same or less than the amount offered in
settlement by the defendant, or the party resisting relief, as
set forth in RCW 4.84.280. [1980 c 94 § 2; 1973 c 84 § 3.]
Effective date—1980 c 94: See note following RCW 4.84.250.
4.84.280 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—Offers of settlement in
determining. Offers of settlement shall be served on the
adverse party in the manner prescribed by applicable court
rules at least ten days prior to trial. Offers of settlement
shall not be served until thirty days after the completion of
the service and filing of the summons and complaint. Offers
of settlement shall not be filed or communicated to the trier
of the fact until after judgment, at which time a copy of said
offer of settlement shall be filed for the purposes of determining attorneys’ fees as set forth in RCW 4.84.250. [1983
c 282 § 1; 1980 c 94 § 3; 1973 c 84 § 4.]
(2002 Ed.)
Costs
Effective date—1980 c 94: See note following RCW 4.84.250.
4.84.290 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—Prevailing party on
appeal. If the case is appealed, the prevailing party on
appeal shall be considered the prevailing party for the
purpose of applying the provisions of RCW 4.84.250:
PROVIDED, That if, on appeal, a retrial is ordered, the court
ordering the retrial shall designate the prevailing party, if
any, for the purpose of applying the provisions of RCW
4.84.250.
In addition, if the prevailing party on appeal would be
entitled to attorneys’ fees under the provisions of RCW
4.84.250, the court deciding the appeal shall allow to the
prevailing party such additional amount as the court shall adjudge reasonable as attorneys’ fees for the appeal. [1973 c
84 § 5.]
4.84.300 Attorneys’ fees as costs in damage actions
of ten thousand dollars or less—Application. The
provisions of RCW 4.84.250 through 4.84.290 shall apply
regardless of whether the action is commenced in district
court or superior court except as provided in RCW 4.84.280.
This section shall not be construed as conferring jurisdiction
on either court. [1987 c 202 § 123; 1980 c 94 § 4; 1973 c
84 § 6.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 94: See note following RCW 4.84.250.
4.84.320 Attorneys’ fees in actions for injuries
resulting from the rendering of medical and other health
care. See RCW 7.70.070.
4.84.330 Actions on contract or lease which provides that attorney’s fees and costs incurred to enforce
provisions be awarded to one of parties—Prevailing
party entitled to attorney’s fees—Waiver prohibited. In
any action on a contract or lease entered into after September 21, 1977, where such contract or lease specifically
provides that attorney’s fees and costs, which are incurred to
enforce the provisions of such contract or lease, shall be
awarded to one of the parties, the prevailing party, whether
he is the party specified in the contract or lease or not, shall
be entitled to reasonable attorney’s fees in addition to costs
and necessary disbursements.
Attorney’s fees provided for by this section shall not be
subject to waiver by the parties to any contract or lease
which is entered into after September 21, 1977. Any
provision in any such contract or lease which provides for a
waiver of attorney’s fees is void.
As used in this section "prevailing party" means the
party in whose favor final judgment is rendered. [1977 ex.s.
c 203 § 1.]
4.84.340 Judicial review of agency action—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout RCW
4.84.340 through 4.84.360.
(1) "Agency" means any state board, commission,
department, institution of higher education, or officer,
authorized by law to make rules or to conduct adjudicative
(2002 Ed.)
4.84.280
proceedings, except those in the legislative or judicial
branches, the governor, or the attorney general except to the
extent otherwise required by law.
(2) "Agency action" means agency action as defined by
chapter 34.05 RCW.
(3) "Fees and other expenses" includes the reasonable
expenses of expert witnesses, the reasonable cost of a study,
analysis, engineering report, test, or project that is found by
the court to be necessary for the preparation of the party’s
case, and reasonable attorneys’ fees. Reasonable attorneys’
fees shall be based on the prevailing market rates for the
kind and quality of services furnished, except that (a) no
expert witness shall be compensated at a rate in excess of
the highest rates of compensation for expert witnesses paid
by the state of Washington, and (b) attorneys’ fees shall not
be awarded in excess of one hundred fifty dollars per hour
unless the court determines that an increase in the cost of
living or a special factor, such as the limited availability of
qualified attorneys for the proceedings involved, justifies a
higher fee.
(4) "Judicial review" means a judicial review as defined
by chapter 34.05 RCW.
(5) "Qualified party" means (a) an individual whose net
worth did not exceed one million dollars at the time the
initial petition for judicial review was filed or (b) a sole
owner of an unincorporated business, or a partnership,
corporation, association, or organization whose net worth did
not exceed five million dollars at the time the initial petition
for judicial review was filed, except that an organization
described in section 501(c)(3) of the federal internal revenue
code of 1954 as exempt from taxation under section 501(a)
of the code and a cooperative association as defined in
section 15(a) of the agricultural marketing act (12 U.S.C.
1141J(a)), may be a party regardless of the net worth of such
organization or cooperative association. [1995 c 403 § 902.]
Findings—1995 c 403: "The legislature finds that certain individuals,
smaller partnerships, smaller corporations, and other organizations may be
deterred from seeking review of or defending against an unreasonable
agency action because of the expense involved in securing the vindication
of their rights in administrative proceedings. The legislature further finds
that because of the greater resources and expertise of the state of Washington, individuals, smaller partnerships, smaller corporations, and other
organizations are often deterred from seeking review of or defending against
state agency actions because of the costs for attorneys, expert witnesses, and
other costs. The legislature therefore adopts this equal access to justice act
to ensure that these parties have a greater opportunity to defend themselves
from inappropriate state agency actions and to protect their rights." [1995
c 403 § 901.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
4.84.350 Judicial review of agency action—Award
of fees and expenses. (1) Except as otherwise specifically
provided by statute, a court shall award a qualified party that
prevails in a judicial review of an agency action fees and
other expenses, including reasonable attorneys’ fees, unless
the court finds that the agency action was substantially
justified or that circumstances make an award unjust. A
qualified party shall be considered to have prevailed if the
qualified party obtained relief on a significant issue that
achieves some benefit that the qualified party sought.
[Title 4 RCW—page 61]
4.84.350
Title 4 RCW: Civil Procedure
(2) The amount awarded a qualified party under
subsection (1) of this section shall not exceed twenty-five
thousand dollars. Subsection (1) of this section shall not
apply unless all parties challenging the agency action are
qualified parties. If two or more qualified parties join in an
action, the award in total shall not exceed twenty-five
thousand dollars. The court, in its discretion, may reduce
the amount to be awarded pursuant to subsection (1) of this
section, or deny any award, to the extent that a qualified
party during the course of the proceedings engaged in
conduct that unduly or unreasonably protracted the final
resolution of the matter in controversy. [1995 c 403 § 903.]
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
4.84.360 Judicial review of agency action—Payment
of fees and expenses—Report to office of financial
management. Fees and other expenses awarded under
RCW 4.84.340 and 4.84.350 shall be paid by the agency
over which the party prevails from operating funds appropriated to the agency within sixty days. Agencies paying
fees and other expenses pursuant to RCW 4.84.340 and
4.84.350 shall report all payments to the office of financial
management within five days of paying the fees and other
expenses. Fees and other expenses awarded by the court
shall be subject to the provisions of chapter 39.76 RCW and
shall be deemed payable on the date the court announces the
award. [1995 c 403 § 904.]
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
4.84.370 Appeal of land use decisions—Fees and
costs. (1) Notwithstanding any other provisions of this
chapter, reasonable attorneys fees and costs shall be
awarded to the prevailing party or substantially prevailing
party on appeal before the court of appeals or the supreme
court of a decision by a county, city, or town to issue,
condition, or deny a development permit involving a sitespecific rezone, zoning, plat, conditional use, variance,
shoreline permit, building permit, site plan, or similar land
use approval or decision. The court shall award and
determine the amount of reasonable attorneys fees and
costs under this section if:
(a) The prevailing party on appeal was the prevailing or
substantially prevailing party before the county, city, or
town, or in a decision involving a substantial development
permit under chapter 90.58 RCW, the prevailing party on
appeal was the prevailing party or the substantially prevailing party before the shoreline[s] hearings board; and
(b) The prevailing party on appeal was the prevailing
party or substantially prevailing party in all prior judicial
proceedings.
(2) In addition to the prevailing party under subsection
(1) of this section, the county, city, or town whose decision
is on appeal is considered a prevailing party if its decision
[Title 4 RCW—page 62]
is upheld at superior court and on appeal. [1995 c 347 §
718.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Chapter 4.88
APPEALS
Sections
4.88.330
Indigent party—State payment of review costs.
Rule-making power of
court of appeals: RCW 2.06.030, 2.06.040.
supreme court: RCW 2.04.180 through 2.04.210.
4.88.330 Indigent party—State payment of review
costs. When a party has been judicially determined to have
a constitutional right to obtain a review and to be unable by
reason of poverty to procure counsel to perfect the review all
costs necessarily incident to the proper consideration of the
review including preparation of the record, reasonable fees
for court appointed counsel to be determined by the supreme
court, and actual travel expenses of counsel for appearance
in the supreme court or court of appeals, shall be paid by the
state. Upon satisfaction of requirements established by
supreme court rules and submission of appropriate vouchers
to the clerk of the supreme court, payment shall be made
from funds specifically appropriated by the legislature for
that purpose. [1975 1st ex.s. c 261 § 2. Prior: 1972 ex.s.
c 111 § 2; 1970 ex.s. c 31 § 2; 1965 c 133 § 2. Formerly
RCW 10.01.112.]
Severability—1965 c 133: See note following RCW 2.32.240.
Transcript of testimony—Fee—Forma pauperis: RCW 2.32.240.
Chapter 4.92
ACTIONS AND CLAIMS AGAINST STATE
Sections
4.92.005
4.92.006
4.92.010
4.92.020
4.92.030
4.92.040
4.92.045
4.92.050
4.92.060
4.92.070
4.92.075
4.92.080
4.92.090
4.92.100
4.92.110
4.92.120
4.92.130
4.92.150
4.92.160
"Volunteer"—Definition.
Definitions.
Where brought—Change of venue.
Service of summons and complaint.
Duties of attorney general—Procedure.
Judgments—Claims to legislature against state—Payment
procedure—Inapplicability to judgments and claims
against housing finance commission.
Interest on judgments against state.
Limitations.
Action against state officers, employees, volunteers, or foster
parents—Request for defense.
Actions against state officers, employees, volunteers, or
foster parents—Defense by attorney general—Legal
expenses.
Action against state officers, employees, or volunteers—
Judgment satisfied by state.
Bond not required of state.
Tortious conduct of state—Liability for damages.
Tortious conduct of state—Claims—Presentment and filing—Contents.
Tortious conduct of state—Presentment and filing of claim
prerequisite to suit.
Tortious conduct of state—Assignment of claims.
Tortious conduct of state—Liability account—Purpose.
Compromise and settlement of claims by attorney general.
Payment of claims and judgments.
(2002 Ed.)
Actions and Claims Against State
4.92.175
Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice
to employer.
4.92.200
Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.
4.92.210
Risk management—Review of claims—Settlements.
4.92.220
Risk management administration account.
4.92.230
Risk management—Advisory committee created—Duties.
4.92.240
Rules.
4.92.250
Risk management—Risk manager may delegate powers and
duties.
4.92.260
Construction.
4.92.270
Risk management—Standard indemnification agreements.
4.92.280
Local government reimbursement claims.
Actions against political subdivisions, municipal corporations and quasi
municipal corporations: Chapter 4.96 RCW.
Claims, reports, etc., filing and receipt: RCW 1.12.070.
Hood Canal bridge, use for sport fishing purposes—Disclaimer of liability:
RCW 47.56.366.
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
4.92.005 "Volunteer"—Definition. For the purposes
of RCW 4.92.060, 4.92.070, 4.92.130, *4.92.140, and
4.92.150, volunteer is defined in RCW 51.12.035. [1985 c
217 § 6.]
*Reviser’s note: RCW 4.92.140 was repealed by 1989 c 419 § 18,
effective July 1, 1989.
4.92.006 Definitions. As used in this chapter:
(1) "Office" means the office of financial management.
(2) "Director" means the director of financial management.
(3) "Risk management division" means the division of
the office of financial management that carries out the
powers and duties under this chapter relating to claim filing,
claims administration, and claims payment.
(4) "Risk manager" means the person supervising the
risk management division. [2002 c 332 § 10; 1989 c 419 §
2.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—1989 c 419: "In recent years the state of Washington has
experienced significant increases in public liability claims. It is the intent
of the legislature to reduce tort claim costs by restructuring Washington
state’s risk management program to place more accountability in state
agencies, to establish an actuarially sound funding mechanism for paying
legitimate claims, when they occur, and to establish an effective safety and
loss control program." [1989 c 419 § 1.]
Effective date—1989 c 419: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 419 § 19.]
4.92.010 Where brought—Change of venue. Any
person or corporation having any claim against the state of
Washington shall have a right of action against the state in
the superior court.
The venue for such actions shall be as follows:
(1) The county of the residence or principal place of
business of one or more of the plaintiffs;
(2) The county where the cause of action arose;
(3) The county in which the real property that is the
subject of the action is situated;
(2002 Ed.)
Chapter 4.92
(4) The county where the action may be properly
commenced by reason of the joinder of an additional
defendant; or
(5) Thurston county.
Actions shall be subject to change of venue in accordance with statute, rules of court, and the common law as
the same now exist or may hereafter be amended, adopted,
or altered.
Actions shall be tried in the county in which they have
been commenced in the absence of a seasonable motion by
or in behalf of the state to change the venue of the action.
[1986 c 126 § 1; 1973 c 44 § 1; 1963 c 159 § 1; 1927 c 216
§ 1; 1895 c 95 § 1; RRS § 886.]
Severability—1963 c 159: "If any provision of this act, or its
application to any persons or circumstances is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1963 c 159 § 12.]
Venue: Chapter 4.12 RCW.
4.92.020 Service of summons and complaint.
Service of summons and complaint in such actions shall be
served in the manner prescribed by law upon the attorney
general, or by leaving the summons and complaint in the
office of the attorney general with an assistant attorney
general. [1986 c 126 § 2; 1927 c 216 § 2; 1895 c 95 § 2;
RRS § 887.]
4.92.030 Duties of attorney general—Procedure.
The attorney general or an assistant attorney general shall
appear and act as counsel for the state. The action shall
proceed in all respects as other actions. Appellate review
may be sought as in other actions or proceedings, but in
case review is sought by the state, no bond shall be required
of the appellant. [1988 c 202 § 3; 1986 c 126 § 3; 1971 c
81 § 24; 1895 c 95 § 3; RRS § 888.]
Severability—1988 c 202: See note following RCW 2.24.050.
4.92.040 Judgments—Claims to legislature against
state—Payment procedure—Inapplicability to judgments
and claims against housing finance commission. (1) No
execution shall issue against the state on any judgment.
(2) Whenever a final judgment against the state is
obtained in an action on a claim arising out of tortious
conduct, the claim shall be paid from the liability account.
(3) Whenever a final judgment against the state shall
have been obtained in any other action, the clerk of the court
shall make and furnish to the risk management division a
duly certified copy of such judgment; the risk management
division shall thereupon audit the amount of damages and
costs therein awarded, and the same shall be paid from
appropriations specifically provided for such purposes by
law.
(4) Final judgments for which there are no provisions in
state law for payment shall be transmitted by the risk
management division to the senate and house of representatives committees on ways and means as follows:
(a) On the first day of each session of the legislature,
the risk management division shall transmit judgments
received and audited since the adjournment of the previous
session of the legislature.
[Title 4 RCW—page 63]
4.92.040
Title 4 RCW: Civil Procedure
(b) During each session of legislature, the risk management division shall transmit judgments immediately upon
completion of audit.
(5) All claims, other than judgments, made to the
legislature against the state of Washington for money or
property, shall be accompanied by a statement of the facts
on which such claim is based and such evidence as the
claimant intends to offer in support of the claim and shall be
filed with the risk management division, which shall retain
the same as a record. All claims of two thousand dollars or
less shall be approved or rejected by the risk management
division, and if approved shall be paid from appropriations
specifically provided for such purpose by law. Such
decision, if adverse to the claimant in whole or part, shall
not preclude the claimant from seeking relief from the
legislature. If the claimant accepts any part of his or her
claim which is approved for payment by the risk management division, such acceptance shall constitute a waiver and
release of the state from any further claims relating to the
damage or injury asserted in the claim so accepted. The risk
management division shall submit to the house and senate
committees on ways and means, at the beginning of each
regular session, a comprehensive list of all claims paid
pursuant to this subsection during the preceding year. For
all claims not approved by the risk management division, the
risk management division shall recommend to the legislature
whether such claims should be approved or rejected.
Recommendations shall be submitted to the senate and house
of representatives committees on ways and means not later
than the thirtieth day of each regular session of the legislature. Claims which cannot be processed for timely
submission of recommendations shall be held for submission
during the following regular session of the legislature. The
recommendations shall include, but not be limited to:
(a) A summary of the facts alleged in the claim, and a
statement as to whether these facts can be verified by the
risk management division;
(b) An estimate by the risk management division of the
value of the loss or damage which was alleged to have
occurred;
(c) An analysis of the legal liability, if any, of the state
for the alleged loss or damage; and
(d) A summary of equitable or public policy arguments
which might be helpful in resolving the claim.
(6) The legislative committees to whom such claims are
referred shall make a transcript, recording, or statement of
the substance of the evidence given in support of such a
claim. If the legislature approves a claim the same shall be
paid from appropriations specifically provided for such
purpose by law.
(7) Subsections (3) through (6) of this section do not
apply to judgments or claims against the state housing
finance commission created under chapter 43.180 RCW.
[2002 c 332 § 11; 1999 c 163 § 3; 1986 c 126 § 4; 1983 c
161 § 28; 1979 ex.s. c 167 § 1; 1979 c 151 § 2; 1977 ex.s.
c 144 § 1; 1963 c 159 § 6; 1895 c 95 § 4; RRS § 889.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1999 c 163: See note following RCW 4.92.130.
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
[Title 4 RCW—page 64]
4.92.045 Interest on judgments against state. See
RCW 4.56.115.
4.92.050 Limitations. All provisions of law relating
to the limitations of personal actions shall apply to claims
against the state, but the computation of time thereunder
shall not begin until RCW 4.92.010 through 4.92.050 shall
have become a law. [1895 c 95 § 5; RRS § 890.]
4.92.060 Action against state officers, employees,
volunteers, or foster parents—Request for defense.
Whenever an action or proceeding for damages shall be
instituted against any state officer, including state elected
officials, employee, volunteer, or foster parent licensed in
accordance with chapter 74.15 RCW, arising from acts or
omissions while performing, or in good faith purporting to
perform, official duties, or, in the case of a foster parent,
arising from the good faith provision of foster care services,
such officer, employee, volunteer, or foster parent may
request the attorney general to authorize the defense of said
action or proceeding at the expense of the state. [1989 c
403 § 2; 1986 c 126 § 5; 1985 c 217 § 1; 1975 1st ex.s. c
126 § 1; 1975 c 40 § 1; 1921 c 79 § 1; RRS § 890-1.]
Findings—1989 c 403: "The legislature finds and declares that foster
parents are a valuable resource providing an important service to the citizens
of Washington. The legislature further recognizes that the current insurance
crisis has adversely affected some foster-family homes in several ways: (1)
In some locales, foster parents are unable to obtain liability insurance
coverage over and above homeowner’s or tenant’s coverage for actions filed
against them by the foster child or the child’s parents or legal guardian. In
addition, the monthly payment made to foster-family homes is not sufficient
to cover the cost of obtaining this extended coverage and there is no
mechanism in place by which foster parents can recapture this cost; (2)
foster parents’ personal resources are at risk. Therefore, the legislature is
providing relief to address these problems." [1989 c 403 § 1.]
4.92.070 Actions against state officers, employees,
volunteers, or foster parents—Defense by attorney
general—Legal expenses. If the attorney general shall find
that said officer, employee, or volunteer’s acts or omissions
were, or were purported to be in good faith, within the scope
of that person’s official duties, or, in the case of a foster
parent, that the occurrence arose from the good faith
provision of foster care services, said request shall be
granted, in which event the necessary expenses of the
defense of said action or proceeding relating to a state
officer, employee, or volunteer shall be paid as provided in
RCW 4.92.130. In the case of a foster parent, necessary
expenses of the defense shall be paid from the appropriations
made for the support of the department to which such foster
parent is attached. In such cases the attorney general shall
appear and defend such officer, employee, volunteer, or
foster parent, who shall assist and cooperate in the defense
of such suit. However, the attorney general may not
represent or provide private representation for a foster parent
in an action or proceeding brought by the department of
social and health services against that foster parent. [1999
c 163 § 5; 1989 c 403 § 3; 1986 c 126 § 6; 1985 c 217 § 2;
1975 1st ex.s. c 126 § 2; 1975 c 40 § 2; 1921 c 79 § 2; RRS
§ 890-2.]
Effective date—1999 c 163: See note following RCW 4.92.130.
Findings—1989 c 403: See note following RCW 4.92.060.
(2002 Ed.)
Actions and Claims Against State
4.92.075 Action against state officers, employees, or
volunteers—Judgment satisfied by state. When a state
officer, employee, or volunteer has been represented by the
attorney general pursuant to RCW 4.92.070, and the body
presiding over the action or proceeding has found that the
officer, employee, or volunteer was acting within the scope
of his or her official duties, and a judgment has been entered
against the officer, employee, or volunteer pursuant to
chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter
the judgment creditor shall seek satisfaction only from the
state, and the judgment shall not become a lien upon any
property of such officer, employee, or volunteer. [1989 c
413 § 2.]
4.92.080 Bond not required of state. No bond shall
be required of the state of Washington for any purpose in
any case in any of the courts of the state of Washington and
the state of Washington shall be, on proper showing, entitled
to any orders, injunctions and writs of whatever nature
without bond notwithstanding the provisions of any existing
statute requiring that bonds be furnished by private parties.
[1935 c 122 § 1; RRS § 390-3.]
4.92.090 Tortious conduct of state—Liability for
damages. The state of Washington, whether acting in its
governmental or proprietary capacity, shall be liable for
damages arising out of its tortious conduct to the same
extent as if it were a private person or corporation. [1963 c
159 § 2; 1961 c 136 § 1.]
4.92.100 Tortious conduct of state—Claims—
Presentment and filing—Contents. All claims against the
state for damages arising out of tortious conduct shall be
presented to and filed with the risk management division.
All such claims shall be verified and shall accurately
describe the conduct and circumstances which brought about
the injury or damage, describe the injury or damage, state
the time and place the injury or damage occurred, state the
names of all persons involved, if known, and shall contain
the amount of damages claimed, together with a statement of
the actual residence of the claimant at the time of presenting
and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is
incapacitated from verifying, presenting, and filing the claim
or if the claimant is a minor, or is a nonresident of the state,
the claim may be verified, presented, and filed on behalf of
the claimant by any relative, attorney, or agent representing
the claimant.
With respect to the content of such claims this section
shall be liberally construed so that substantial compliance
will be deemed satisfactory. [2002 c 332 § 12; 1986 c 126
§ 7; 1979 c 151 § 3; 1977 ex.s. c 144 § 2; 1967 c 164 § 2;
1963 c 159 § 3.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Puget Sound ferry and toll bridge system, claims against: RCW 47.60.250.
4.92.110 Tortious conduct of state—Presentment
and filing of claim prerequisite to suit. No action shall be
(2002 Ed.)
4.92.075
commenced against the state for damages arising out of
tortious conduct until sixty days have elapsed after the claim
is presented to and filed with the risk management division.
The applicable period of limitations within which an action
must be commenced shall be tolled during the sixty-day
period. [2002 c 332 § 13; 1989 c 419 § 14; 1986 c 126 §
8; 1979 c 151 § 4; 1977 ex.s. c 144 § 3; 1963 c 159 § 4.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.120 Tortious conduct of state—Assignment of
claims. Claims against the state arising out of tortious
conduct may be assigned voluntarily, involuntarily, and by
operation of law to the same extent as like claims against
private persons may be so assigned. [1963 c 159 § 5.]
4.92.130 Tortious conduct of state—Liability
account—Purpose. A liability account in the custody of the
treasurer is hereby created as a nonappropriated account to
be used solely and exclusively for the payment of liability
settlements and judgments against the state under 42 U.S.C.
Sec. 1981 et seq. or for the tortious conduct of its officers,
employees, and volunteers and all related legal defense costs.
(1) The purpose of the liability account is to: (a)
Expeditiously pay legal liabilities and defense costs of the
state resulting from tortious conduct; (b) promote risk control
through a cost allocation system which recognizes agency
loss experience, levels of self-retention, and levels of risk
exposure; and (c) establish an actuarially sound system to
pay incurred losses, within defined limits.
(2) The liability account shall be used to pay claims for
injury and property damages and legal defense costs exclusive of agency-retained expenses otherwise budgeted.
(3) No money shall be paid from the liability account,
except for defense costs, unless all proceeds available to the
claimant from any valid and collectible liability insurance
shall have been exhausted and unless:
(a) The claim shall have been reduced to final judgment
in a court of competent jurisdiction; or
(b) The claim has been approved for payment.
(4) The liability account shall be financed through
annual premiums assessed to state agencies, based on sound
actuarial principles, and shall be for liability coverage in
excess of agency-budgeted self-retention levels.
(5) Annual premium levels shall be determined by the
risk manager, with the consultation and advice of the risk
management advisory committee. An actuarial study shall
be conducted to assist in determining the appropriate level of
funding.
(6) Disbursements for claims from the liability account
shall be made to the claimant, or to the clerk of the court for
judgments, upon written request to the state treasurer from
the risk manager.
(7) The director may direct agencies to transfer moneys
from other funds and accounts to the liability account if
premiums are delinquent.
(8) The liability account shall not exceed fifty percent
of the actuarial value of the outstanding liability as determined annually by the risk management division. If the
[Title 4 RCW—page 65]
4.92.130
Title 4 RCW: Civil Procedure
account exceeds the maximum amount specified in this
section, premiums may be adjusted by the risk management
division in order to maintain the account balance at the
maximum limits. If, after adjustment of premiums, the
account balance remains above the limits specified, the
excess amount shall be prorated back to the appropriate
funds. [2002 c 332 § 14; 1999 c 163 § 1; 1991 sp.s. c 13 §
92; 1989 c 419 § 4; 1985 c 217 § 3; 1975 1st ex.s. c 126 §
3; 1969 c 140 § 1; 1963 c 159 § 7.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Transfer of funds—Fund abolished—1999 c 163: "Moneys in the
tort claims revolving fund shall be deposited in the liability account on July
1, 1999, to be used for payment of settlements, judgments, and legal defense
costs as provided in RCW 4.92.130." [1999 c 163 § 2.]
Effective date—1999 c 163: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 163 § 10.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Transfer of funds—Fund abolished—1989 c 419: "Moneys in the
tort claims revolving fund shall be deposited in the liability account to be
used for payment of liabilities incurred before July 1, 1989. The tort claim
revolving fund is abolished." [1989 c 419 § 13.]
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Severability—1969 c 140: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 c 140 § 5.]
Actions against regents, trustees, etc., of institutions of higher education or
educational boards, payments of obligations from liability account:
RCW 28B.10.842.
Department of general administration to conduct actuarial studies: RCW
43.41.340.
4.92.150 Compromise and settlement of claims by
attorney general. After commencement of an action in a
court of competent jurisdiction upon a claim against the
state, or any of its officers, employees, or volunteers arising
out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981
et seq., or against a foster parent that the attorney general is
defending pursuant to RCW 4.92.070, or upon petition by
the state, the attorney general, with the prior approval of the
risk management division and with the approval of the court,
following such testimony as the court may require, may
compromise and settle the same and stipulate for judgment
against the state, the affected officer, employee, volunteer, or
foster parent. [2002 c 332 § 15; 1989 c 403 § 4. Prior:
1985 c 217 § 5; 1985 c 188 § 9; 1979 ex.s. c 144 § 2; 1975
1st ex.s. c 126 § 5; 1963 c 159 § 9.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Findings—1989 c 403: See note following RCW 4.92.060.
4.92.160 Payment of claims and judgments.
Payment of claims and judgments arising out of tortious
conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not
be made by any agency or department of state government
with the exception of the risk management division, and that
division shall authorize and direct the payment of moneys
only from the liability account whenever:
[Title 4 RCW—page 66]
(1) The head or governing body of any agency or
department of state or the designee of any such agency
certifies to the risk management division that a claim has
been settled; or
(2) The clerk of court has made and forwarded a
certified copy of a final judgment in a court of competent
jurisdiction and the attorney general certifies that the
judgment is final and was entered in an action on a claim
arising out of tortious conduct or under and pursuant to 42
U.S.C. Sec. 1981 et seq. Payment of a judgment shall be
made to the clerk of the court for the benefit of the judgment
creditors. Upon receipt of payment, the clerk shall satisfy
the judgment against the state. [2002 c 332 § 16; 1999 c
163 § 4; 1991 c 187 § 3; 1986 c 126 § 9; 1979 ex.s. c 144
§ 3; 1979 c 151 § 5; 1975 1st ex.s. c 126 § 6; 1969 c 140 §
2; 1963 c 159 § 10.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1999 c 163: See note following RCW 4.92.130.
Intent—1991 c 187: "It is the intent of the legislature that the tort
claims revolving fund created under section 1 of this act have [has] the
same purpose, use, and application as the tort claims revolving fund
abolished effective July 1, 1989, by the legislature in chapter 419, Laws of
1989." [1991 c 187 § 2.]
Severability—1969 c 140: See note following RCW 4.92.130.
Duty of clerk to forward copy of judgment: RCW 4.92.040.
4.92.175 Action against state patrol officers in
private law enforcement off-duty employment—Immunity
of state—Notice to employer. (1) The state of Washington
is not liable for tortious conduct by Washington state patrol
officers that occurs while such officers are engaged in
private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which
immunity is granted to the state under subsection (1) of this
section, shall be dismissed.
(3) Washington state patrol officers engaged in private
law enforcement off-duty employment shall notify, in
writing, prior to such employment, anyone who employs
Washington state patrol officers in private off-duty employment of the specific provisions of subsections (1) and (2) of
this section. [1997 c 375 § 2.]
4.92.200 Actions against state on state warrant
appearing to be redeemed—Claim required—Time
limitation. No action shall be commenced against the state
on account of any state warrant appearing to have been
redeemed unless a claim has been presented and filed with
the state treasurer within six years of the date of issuance of
such warrant. The requirements of this section shall not
extend or modify the period of limitations otherwise applicable within which an action must be commenced, but such
period shall begin and shall continue to run as if no claim
were required. [1975 c 48 § 1.]
State warrants: RCW 43.08.061 through 43.08.080.
4.92.210 Risk management—Review of claims—
Settlements. (1) All liability claims arising out of tortious
conduct or under 42 U.S.C. Sec. 1981 et seq. that the state
of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the risk management division.
(2002 Ed.)
Actions and Claims Against State
(2) A centralized claim tracking system shall be maintained to provide agencies with accurate and timely data on
the status of liability claims. Information in this claim file,
other than the claim itself, shall be privileged and confidential.
(3) Standardized procedures shall be established for
filing, reporting, processing, and adjusting claims, which
includes the use of qualified claims management personnel.
(4) All claims shall be reviewed by the risk management
division to determine an initial valuation, to delegate to the
appropriate office to investigate, negotiate, compromise, and
settle the claim, or to retain that responsibility on behalf of
and with the assistance of the affected state agency.
(5) All claims that result in a lawsuit shall be forwarded
to the attorney general’s office. Thereafter the attorney
general and the risk management division shall collaborate
in the investigation, denial, or settlement of the claim.
(6) Reserves shall be established for recognizing
financial liability and monitoring effectiveness. The valuation of specific claims against the state shall be privileged
and confidential.
(7) All settlements shall be approved by the responsible
agencies, or their designees, prior to settlement. [2002 c 332
§ 17; 1989 c 419 § 3.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.220 Risk management administration account.
(1) The risk management administration account is created
in the custody of the state treasurer. All receipts from
appropriations and assessments shall be deposited into the
account. Only the director or the director’s designee may
authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures.
(2) The risk management administration account is to be
used for the payment of costs related to:
(a) The appropriated administration of liability, property,
and vehicle claims, including investigation, claim processing,
negotiation, and settlement, and other expenses relating to
settlements and judgments against the state not otherwise
budgeted; and
(b) The nonappropriated pass-through cost associated
with the purchase of liability and property insurance,
including catastrophic insurance, subject to policy conditions
and limitations determined by the risk manager.
(3) The risk management administration account’s
appropriation for risk management shall be financed through
a combination of direct appropriations and assessments to
state agencies. [2002 c 332 § 18; 1998 c 105 § 2; 1995 c
137 § 1; 1991 sp.s. c 13 § 91; 1989 c 419 § 5.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
(2002 Ed.)
4.92.210
4.92.230 Risk management—Advisory committee
created—Duties. (1) The director shall establish an ongoing
risk management advisory committee. Members of the
committee may include but shall not be limited to directors
or deputy directors of state agencies, presidents or vicepresidents of institutions of higher education, or representatives of local government or the private sector.
(2) The director or his or her designee shall serve as
chair. The committee shall meet upon call of the chairperson and shall adopt rules for the conduct of its business.
(3) The risk management advisory committee shall
provide guidance in:
(a) Determining appropriate roles, responsibilities of the
risk management division, and policies regarding statewide
risk management;
(b) Establishing premiums or other cost allocation
systems;
(c) Determining appropriate programs and coverages for
self-insurance versus insurance;
(d) Developing risk retention pools; and
(e) Preparing recommendations for containment of risk
exposures. [2002 c 332 § 19; 1989 c 419 § 7.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.240 Rules. The director has the power to adopt
rules necessary to carry out the intent of this chapter. [2002
c 332 § 20; 1989 c 419 § 8.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.250 Risk management—Risk manager may
delegate powers and duties. The risk manager may
delegate to a state agency the authority to carry out any
powers or duties of the risk manager under this chapter
related to claims administration and purchase of insurance
for the purpose of protecting any classes of officers, employees, or for other persons performing services for the state.
Such delegation shall be made only upon a determination by
the risk manager that another agency has sufficient resources
to carry out the functions delegated. [1989 c 419 § 9.]
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.260 Construction. Nothing in this chapter shall
be construed as amending, repealing, or otherwise affecting
RCW 28B.20.250 through 28B.20.255. [1989 c 419 § 10.]
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.270 Risk management—Standard indemnification agreements. The risk manager shall develop procedures for standard indemnification agreements for state
agencies to use whenever the agency agrees to indemnify, or
be indemnified by, any person or party. The risk manager
shall also develop guidelines for the use of indemnification
agreements by state agencies. On request of the risk
manager, an agency shall forward to the risk management
[Title 4 RCW—page 67]
4.92.270
Title 4 RCW: Civil Procedure
division for review and approval any contract or agreement
containing an indemnification agreement. [2002 c 332 § 21;
1989 c 419 § 15.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
4.92.280 Local government reimbursement claims.
If chapter 217, Laws of 1998 mandates an increased level of
service by local governments, the local government may,
under RCW 43.135.060 and chapter 4.92 RCW, submit
claims for reimbursement by the legislature. The claims
shall be subject to verification by the office of financial
management. [1998 c 217 § 4.]
Chapter 4.96
ACTIONS AGAINST POLITICAL SUBDIVISIONS,
MUNICIPAL AND QUASI-MUNICIPAL
CORPORATIONS
Sections
4.96.010
Tortious conduct of local governmental entities—Liability
for damages.
4.96.020
Tortious conduct of local governmental entities—Claims—
Presentment and filing—Contents.
4.96.030
Interest on judgments against political subdivisions, municipal corporations or quasi-municipal corporations.
4.96.041
Action or proceeding against officer, employee, or volunteer
of local governmental entity—Payment of damages and
expenses of defense.
4.96.050
Bond not required.
Claims, reports, etc., filing and receipt: RCW 1.12.070.
Liability of public officials and governing body members: RCW 4.24.470.
4.96.010 Tortious conduct of local governmental
entities—Liability for damages. (1) All local governmental
entities, whether acting in a governmental or proprietary
capacity, shall be liable for damages arising out of their
tortious conduct, or the tortious conduct of their past or
present officers, employees, or volunteers while performing
or in good faith purporting to perform their official duties,
to the same extent as if they were a private person or
corporation. Filing a claim for damages within the time
allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws
specifying the content for such claims shall be liberally
construed so that substantial compliance therewith will be
deemed satisfactory.
(2) Unless the context clearly requires otherwise, for the
purposes of this chapter, "local governmental entity" means
a county, city, town, special district, municipal corporation
as defined in RCW 39.50.010, quasi-municipal corporation,
or public hospital.
(3) For the purposes of this chapter, "volunteer" is
defined according to RCW 51.12.035. [2001 c 119 § 1;
1993 c 449 § 2; 1967 c 164 § 1.]
Purpose—1993 c 449: "This act is designed to provide a single,
uniform procedure for bringing a claim for damages against a local
governmental entity. The existing procedures, contained in chapter 36.45
RCW, counties, chapter 35.31 RCW, cities and towns, chapter 35A.31
RCW, optional municipal code, and chapter 4.96 RCW, other political
[Title 4 RCW—page 68]
subdivisions, municipal corporations, and quasi-municipal corporations, are
revised and consolidated into chapter 4.96 RCW." [1993 c 449 § 1.]
Severability—1993 c 449: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 449 § 15.]
Purpose—1967 c 164: "It is the purpose of this act to extend the
doctrine established in chapter 136, Laws of 1961, as amended, to all
political subdivisions, municipal corporations and quasi municipal corporations of the state." [1967 c 164 § 17.]
Severability—1967 c 164: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 164 § 18.]
4.96.020 Tortious conduct of local governmental
entities—Claims—Presentment and filing—Contents. (1)
The provisions of this section apply to claims for damages
against all local governmental entities.
(2) The governing body of each local government
[governmental] entity shall appoint an agent to receive any
claim for damages made under this chapter. The identity of
the agent and the address where he or she may be reached
during the normal business hours of the local governmental
entity are public records and shall be recorded with the
auditor of the county in which the entity is located. All
claims for damages against a local governmental entity shall
be presented to the agent within the applicable period of
limitations within which an action must be commenced.
(3) All claims for damages arising out of tortious
conduct must locate and describe the conduct and circumstances which brought about the injury or damage, describe
the injury or damage, state the time and place the injury or
damage occurred, state the names of all persons involved, if
known, and shall contain the amount of damages claimed,
together with a statement of the actual residence of the
claimant at the time of presenting and filing the claim and
for a period of six months immediately prior to the time the
claim arose. If the claimant is incapacitated from verifying,
presenting, and filing the claim in the time prescribed or if
the claimant is a minor, or is a nonresident of the state
absent therefrom during the time within which the claim is
required to be filed, the claim may be verified, presented,
and filed on behalf of the claimant by any relative, attorney,
or agent representing the claimant.
(4) No action shall be commenced against any local
governmental entity for damages arising out of tortious
conduct until sixty days have elapsed after the claim has first
been presented to and filed with the governing body thereof.
The applicable period of limitations within which an action
must be commenced shall be tolled during the sixty-day
period. [2001 c 119 § 2; 1993 c 449 § 3; 1967 c 164 § 4.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
4.96.030 Interest on judgments against political
subdivisions, municipal corporations or quasi-municipal
corporations. See RCW 4.56.115.
4.96.041 Action or proceeding against officer,
employee, or volunteer of local governmental entity—
Payment of damages and expenses of defense. (1)
Whenever an action or proceeding for damages is brought
(2002 Ed.)
Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations
4.96.041
against any past or present officer, employee, or volunteer of
a local governmental entity of this state, arising from acts or
omissions while performing or in good faith purporting to
perform his or her official duties, such officer, employee, or
volunteer may request the local governmental entity to
authorize the defense of the action or proceeding at the
expense of the local governmental entity.
(2) If the legislative authority of the local governmental
entity, or the local governmental entity using a procedure
created by ordinance or resolution, finds that the acts or
omissions of the officer, employee, or volunteer were, or in
good faith purported to be, within the scope of his or her
official duties, the request shall be granted. If the request is
granted, the necessary expenses of defending the action or
proceeding shall be paid by the local governmental entity.
Any monetary judgment against the officer, employee, or
volunteer shall be paid on approval of the legislative
authority of the local governmental entity or by a procedure
for approval created by ordinance or resolution.
(3) The necessary expenses of defending an elective
officer of the local governmental entity in a judicial hearing
to determine the sufficiency of a recall charge as provided in
RCW 29.82.023 shall be paid by the local governmental
entity if the officer requests such defense and approval is
granted by both the legislative authority of the local governmental entity and the attorney representing the local governmental entity. The expenses paid by the local governmental
entity may include costs associated with an appeal of the
decision rendered by the superior court concerning the
sufficiency of the recall charge.
(4) When an officer, employee, or volunteer of the local
governmental entity has been represented at the expense of
the local governmental entity under subsection (1) of this
section and the court hearing the action has found that the
officer, employee, or volunteer was acting within the scope
of his or her official duties, and a judgment has been entered
against the officer, employee, or volunteer under chapter
4.96 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the
judgment creditor shall seek satisfaction for nonpunitive
damages only from the local governmental entity, and
judgment for nonpunitive damages shall not become a lien
upon any property of such officer, employee, or volunteer.
The legislative authority of a local governmental entity may,
pursuant to a procedure created by ordinance or resolution,
agree to pay an award for punitive damages. [1993 c 449 §
4; 1989 c 250 § 1; 1979 ex.s. c 72 § 1. Formerly RCW
36.16.134.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
4.96.050 Bond not required. No bond is required of
any local governmental entity for any purpose in any case in
any of the courts of the state of Washington and all local
governmental entities shall be, on proper showing, entitled
to any orders, injunctions, and writs of whatever nature
without bond, notwithstanding the provisions of any existing
statute requiring that bonds be furnished by private parties.
[1993 c 449 § 5.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
(2002 Ed.)
[Title 4 RCW—page 69]
Title 5
EVIDENCE
Chapters
5.24
5.28
5.40
5.44
5.45
5.46
5.48
5.52
5.56
5.60
5.62
5.64
5.66
Uniform judicial notice of foreign laws act.
Oaths and affirmations.
Proof—General provisions.
Proof—Public documents.
Uniform business records as evidence act.
Uniform photographic copies of business and
public records as evidence act.
Proof—Replacement of lost records.
Telegraphic communications.
Witnesses—Compelling attendance.
Witnesses—Competency.
Witnesses—Registered nurses.
Admissibility—Furnishing, offering, or promising to pay medical expenses.
Admissibility of certain gestures expressing
sympathy.
Rules of court: See Rules of Evidence (ER).
City codes as evidence: RCW 35.21.550.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Deposition, definitions: RCW 9A.72.010.
District courts, witnesses and depositions: Chapter 12.16 RCW.
Domestic relations, spouse as witness: RCW 26.20.071.
Method for recording of instruments: RCW 65.04.030, 65.04.040.
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
Order for examination of judgment debtor: RCW 6.32.010.
Records of medical, dental, pharmaceutical, or hospital review boards,
immunity from process: RCW 4.24.250.
Superior court records, destruction, reproduction: RCW 36.23.065 through
36.23.070.
Chapter 5.24
UNIFORM JUDICIAL NOTICE OF FOREIGN
LAWS ACT
Sections
5.24.010
Judicial notice of Constitution and laws.
5.24.020
Manner of obtaining information.
5.24.030
Determination by court—Review.
5.24.040
Necessity of pleading foreign laws.
5.24.050
Jurisdictions excepted.
5.24.060
Construction of chapter.
5.24.070
Short title.
Rules of court: Cf. CR 9(k).
City or town ordinances, evidence: RCW 5.44.080.
Foreign statutes as evidence: RCW 5.44.050.
Uniform enforcement of foreign judgments act: Chapter 6.36 RCW.
5.24.010 Judicial notice of Constitution and laws.
Every court of this state shall take judicial notice of the
Constitution, common law, civil law, and statutes of every
(2002 Ed.)
state, territory and other jurisdiction of the United States.
[1941 c 82 § 1; Rem. Supp. 1941 § 1278.]
5.24.020 Manner of obtaining information. The
court may inform itself of such laws in such manner as it
may deem proper, and the court may call upon counsel to
aid it in obtaining such information. [1941 c 82 § 2; Rem.
Supp. 1941 § 1279.]
5.24.030 Determination by court—Review. The
determination of such laws shall be made by the court and
not by the jury and shall be reviewable. [1941 c 82 § 3;
Rem. Supp. 1941 § 1280.]
5.24.040 Necessity of pleading foreign laws. This
chapter shall not be construed to relieve any party of the
duty of hereafter pleading such laws where required under
the law and practice of this state. [1981 c 331 § 14; 1941
c 82 § 4; Rem. Supp. 1941 § 1281.]
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
5.24.050 Jurisdictions excepted. The law of any
jurisdiction other than a state, territory or other jurisdiction
of the United States shall be an issue for the court, but shall
not be subject to the foregoing provisions concerning judicial
notice. [1941 c 82 § 5; Rem. Supp. 1941 § 1282.]
5.24.060 Construction of chapter. This chapter shall
be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states which enact
it. [1941 c 82 § 6; Rem. Supp. 1941 § 1283.]
5.24.070 Short title. This chapter may be cited as the
"Uniform Judicial Notice of Foreign Laws Act." [1941 c 82
§ 7; Rem. Supp. 1941 § 1284.]
Chapter 5.28
OATHS AND AFFIRMATIONS
Sections
5.28.010
Who may administer.
5.28.020
How administered.
5.28.030
Form may be varied.
5.28.040
Form may be adapted to religious belief.
5.28.050
Form of affirmation.
5.28.060
Affirmation equivalent to oath.
Rules of court: Cf. ER 603; CR 43(d).
Oaths and mode of administering: State Constitution Art. 1 § 6.
5.28.010 Who may administer. Every court, judge,
clerk of a court, or notary public, is authorized to take
[Title 5 RCW—page 1]
5.28.010
Title 5 RCW: Evidence
testimony in any action, suit or proceeding, and such other
persons in particular cases as authorized by law. Every such
court or officer is authorized to collect fees established under
RCW 36.18.020 and 36.18.012 through 36.18.018 and to
administer oaths and affirmations generally and to every
such other person in such particular case as authorized.
[1995 c 292 § 1; 1987 c 202 § 124; 2 H. C. § 1693; 1869 p
378 § 1; RRS § 1264.]
Intent—1987 c 202: See note following RCW 2.04.190.
Oath of witness in superior court to be administered by judge: Rules of
court: Cf. CR 43(d).
Powers of courts, judicial officers to administer oaths: RCW 2.28.010,
2.28.060.
5.28.020 How administered. An oath may be
administered as follows: The person who swears holds up
his hand, while the person administering the oath thus addresses him: "You do solemnly swear that the evidence you
shall give in the issue (or matter) now pending between
. . . . . . . . and . . . . . . . . shall be the truth, the whole truth,
and nothing but the truth, so help you God." If the oath be
administered to any other than a witness giving testimony,
the form may be changed to: "You do solemnly swear you
will true answers make to such questions as you may be
asked," etc. [2 H. C. § 1694; 1869 p 378 § 2; RRS § 1265.]
5.28.030 Form may be varied. Whenever the court
or officer before which a person is offered as a witness is
satisfied that he has a peculiar mode of swearing connected
with or in addition to the usual form of administration,
which, in witness’ opinion, is more solemn or obligatory, the
court or officer may, in its discretion, adopt that mode. [2
H. C. § 1695; 1869 p 379 § 3; RRS § 1266.]
5.28.040 Form may be adapted to religious belief.
When a person is sworn who believes in any other than the
Christian religion, he may be sworn according to the peculiar
ceremonies of his religion, if there be any such. [2 H. C. §
1696; 1869 p 379 § 4; RRS § 1267.]
5.28.050 Form of affirmation. Any person who has
conscientious scruples against taking an oath, may make his
solemn affirmation, by assenting, when addressed, in the
following manner: "You do solemnly affirm that," etc., as
in RCW 5.28.020. [2 H. C. § 1697; 1869 p 379 § 5; RRS
§ 1268.]
5.28.060 Affirmation equivalent to oath. Whenever
an oath is required, an affirmation, as prescribed in RCW
5.28.050 is to be deemed equivalent thereto, and a false
affirmation is to be deemed perjury, equally with a false
oath. [2 H. C. § 1698; 1869 p 379 § 6; RRS § 1269.]
Perjury: Chapter 9A.72 RCW.
Chapter 5.40
PROOF—GENERAL PROVISIONS
Sections
5.40.010
5.40.020
5.40.030
5.40.040
Pleadings do not constitute proof.
Written finding of presumed death as prima facie evidence.
Proof of missing in action, capture by enemy, etc.
Proof of authenticity of signature to report or of certification.
5.40.050
Breach of duty—Evidence of negligence—Negligence per
se.
5.40.060
Defense to personal injury or wrongful death action—
Intoxicating liquor or any drug.
Public documents, records and publications: Title 40 RCW.
Stolen property as evidence: RCW 9.54.130.
Tampering with physical evidence: RCW 9A.72.150.
5.40.010 Pleadings do not constitute proof.
Pleadings sworn to by either party in any case shall not, on
the trial, be deemed proof of the facts alleged therein, nor
require other or greater proof on the part of the adverse
party. [Code 1881 § 741; 1877 p 151 § 746; 1854 p 219 §
484; RRS § 283.]
5.40.020 Written finding of presumed death as
prima facie evidence. A written finding of presumed death,
made by the Secretary of War, the Secretary of the Navy, or
other officer or employee of the United States authorized to
make such finding, pursuant to the federal missing persons
act (56 Stat. 143, 1092, and P.L. 408, Ch. 371, 2d Sess. 78th
Cong.; U.S.C. App. Supp. 1001-17), as now or hereafter
amended, or a duly certified copy of such finding, shall be
received in any court, office or other place in this state as
prima facie evidence of the death of the person therein found
to be dead, and the date, circumstances and place of his
disappearance. [1945 c 101 § 1; Rem. Supp. 1945 § 12571.]
Severability—1945 c 101: "If any provision of this act or the
application thereof to any person or circumstance be held invalid, such
invalidity shall not affect any other provision or application of the act which
can be given effect without the invalid provision or application, and to this
end the provisions of this act are declared to be severable." [1945 c 101 §
4.] This applies to RCW 5.40.020 through 5.40.040.
5.40.030 Proof of missing in action, capture by
enemy, etc. An official written report or record, or duly
certified copy thereof, that a person is missing, missing in
action, interned in a neutral country, or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made
by any officer or employee of the United States authorized
by the act referred to in RCW 5.40.020 or by any other law
of the United States to make same, shall be received in any
court, office or other place in this state as prima facie
evidence that such person is missing, missing in action,
interned in a neutral country, or beleaguered, besieged or
captured by an enemy, or is dead, or is alive, as the case
may be. [1945 c 101 § 2; Rem. Supp. 1945 § 1257-2.]
5.40.040 Proof of authenticity of signature to report
or of certification. For the purposes of RCW 5.40.020 and
5.40.030 any finding, report or record, or duly certified copy
thereof, purporting to have been signed by such an officer or
employee of the United States as is described in said
[Title 5 RCW—page 2]
(2002 Ed.)
Proof—General Provisions
sections, shall prima facie be deemed to have been signed
and issued by such an officer or employee pursuant to law,
and the person signing same shall prima facie be deemed to
have acted within the scope of his authority. If a copy
purports to have been certified by a person authorized by
law to certify the same, such certified copy shall be prima
facie evidence of his authority so to certify. [1945 c 101 §
3; Rem. Supp. 1945 § 1257-3.]
5.40.050 Breach of duty—Evidence of negligence—
Negligence per se. A breach of a duty imposed by statute,
ordinance, or administrative rule shall not be considered
negligence per se, but may be considered by the trier of fact
as evidence of negligence; however, any breach of duty as
provided by statute, ordinance, or administrative rule relating
to electrical fire safety, the use of smoke alarms, sterilization
of needles and instruments used in tattooing or electrology
as required under RCW 70.54.350, or driving while under
the influence of intoxicating liquor or any drug, shall be considered negligence per se. [2001 c 194 § 5; 1986 c 305 §
901.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
5.40.060 Defense to personal injury or wrongful
death action—Intoxicating liquor or any drug. (1) Except
as provided in subsection (2) of this section, it is a complete
defense to an action for damages for personal injury or
wrongful death that the person injured or killed was under
the influence of intoxicating liquor or any drug at the time
of the occurrence causing the injury or death and that such
condition was a proximate cause of the injury or death and
the trier of fact finds such person to have been more than
fifty percent at fault. The standard for determining whether
a person was under the influence of intoxicating liquor or
drugs shall be the same standard established for criminal
convictions under RCW 46.61.502, and evidence that a
person was under the influence of intoxicating liquor or
drugs under the standard established by RCW 46.61.502
shall be conclusive proof that such person was under the
influence of intoxicating liquor or drugs.
(2) In an action for damages for personal injury or
wrongful death that is brought against the driver of a motor
vehicle who was under the influence of intoxicating liquor
or any drug at the time of the occurrence causing the injury
or death and whose condition was a proximate cause of the
injury or death, subsection (1) of this section does not create
a defense against the action notwithstanding that the person
injured or killed was also under the influence so long as
such person’s condition was not a proximate cause of the
occurrence causing the injury or death. [1994 c 275 § 30;
1987 c 212 § 1001; 1986 c 305 § 902.]
Retroactive application—1994 c 275 § 30: "Section 30 of this act
is remedial in nature and shall apply retroactively." [1994 c 275 § 31.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
5.40.040
Chapter 5.44
PROOF—PUBLIC DOCUMENTS
Sections
5.44.010
5.44.020
5.44.030
5.44.040
5.44.050
5.44.060
5.44.070
5.44.080
5.44.090
5.44.130
5.44.140
Rules of
Court records and proceedings—When admissible.
Foreign judgments for debt—Faith to be accorded.
Defenses available in suit on foreign judgment.
Certified copies of public records as evidence.
Foreign statutes as evidence.
Certified copies of recorded instruments as evidence.
Certified copies of instruments, or transcripts of county
commissioners’ proceedings.
City or town ordinances as evidence.
Copy of instrument restoring civil rights as evidence.
Seal, how affixed.
Proceedings for determination of family relationships—
Presumption.
court: Cf. ER 803; ER 901; ER 902; ER 1005; CR 44.
5.44.010 Court records and proceedings—When
admissible. The records and proceedings of any court of the
United States, or any state or territory, shall be admissible in
evidence in all cases in this state when duly certified by the
attestation of the clerk, prothonotary or other officer having
charge of the records of such court, with the seal of such
court annexed. [1997 c 358 § 7; Code 1881 § 430; 1877 p
94 § 432; 1869 p 115 § 426; 1854 p 195 § 334; RRS §
1254.]
Rules of court: Cf. CR 44(a)(1).
5.44.020 Foreign judgments for debt—Faith to be
accorded. Judgment for debt rendered in any other state or
any territory against any person or persons residents of this
state at the time of the rendition of such judgment, shall not
be of any higher character as evidence of indebtedness than
the original claim or demand upon which such judgment is
rendered, unless such judgment shall be rendered upon
personal service of summons, notice or other due process
against the defendant therein. [1891 c 31 § 1; Code 1881 §
739; 1877 p 150 § 744; 1869 p 171 § 681; 1866 p 88 § 1;
RRS § 1255.]
Rules of court: Cf. CR 44(a)(2).
Uniform enforcement of foreign judgments act: Chapter 6.36 RCW.
5.44.030 Defenses available in suit on foreign
judgment. The same defense to suits on judgments rendered without such personal service may be made by the
judgment debtor, which might have been set up in the
original proceeding. [Code 1881 § 740; 1877 p 150 § 745;
1869 p 171 § 682; 1866 p 88 § 2; RRS § 1256.]
5.44.040 Certified copies of public records as
evidence. Copies of all records and documents on record or
on file in the offices of the various departments of the
United States and of this state or any other state or territory
of the United States, when duly certified by the respective
officers having by law the custody thereof, under their
respective seals where such officers have official seals, shall
be admitted in evidence in the courts of this state. [1991 c
59 § 1; 1891 c 19 § 16; Code 1881 § 432; 1854 p 195 §
336; RRS § 1257.]
Rules of court: Cf. ER 803; CR 44(a)(1).
(2002 Ed.)
[Title 5 RCW—page 3]
5.44.050
Title 5 RCW: Evidence
5.44.050 Foreign statutes as evidence. Printed copies
of the statute laws of any state, territory, or foreign government, if purporting to have been published under the
authority of the respective governments, or if commonly
admitted and read as evidence in their courts, shall be
admitted in all courts in this state, and on all other occasions
as presumptive evidence of such laws. [Code 1881 § 435;
1877 p 95 § 437; 1869 p 116 § 431; 1854 p 196 § 339; RRS
§ 1259.]
Uniform judicial notice of foreign laws act: Chapter 5.24 RCW.
5.44.060 Certified copies of recorded instruments as
evidence. Whenever any deed, conveyance, bond, mortgage
or other writing, shall have been recorded or filed in
pursuance of law, copies of record of such deed, conveyance, bond or other writing, duly certified by the officer
having the lawful custody thereof, with the seal of the office
annexed, if there be such seal, if there be no such seal, then
with the official certificate of such officer, shall be received
in evidence to all intents and purposes as the originals
themselves. [Code 1881 § 431; 1877 p 95 § 433; 1869 p
115 § 427; 1854 p 195 § 335; RRS § 1260.]
Deeds as evidence: RCW 84.64.180, 84.64.190.
Instruments to be recorded or filed: RCW 65.04.030.
Record of will as evidence: RCW 11.20.060.
5.44.070 Certified copies of instruments, or transcripts of county commissioners’ proceedings. Copies of
all deeds or other instruments of writing, maps, documents
and papers which by law are to be filed or recorded in the
office of said county auditor, and all transcripts or exemplifications of the records of the proceedings of the board of
county commissioners certified by said auditor under official
seal, shall be admitted as prima facie evidence in all the
courts of this state. [Code 1881 § 2737; 1869 p 315 § 27;
RRS § 10612.]
Certified copy of plat as evidence: RCW 58.10.020.
Legislative authority proceedings to be published: RCW 36.22.020.
5.44.080 City or town ordinances as evidence. All
ordinances passed by the legislative body of any city or town
shall be recorded in a book to be kept for that purpose by
the city or town clerk, and when so recorded the record
thereof so made shall be received in any court of the state as
prima facie evidence of the due passage of such ordinance
as recorded. When the ordinances of any city or town are
printed by authority of such municipal corporation, the
printed copies thereof shall be received as prima facie
evidence that such ordinances as printed and published were
duly passed. [1955 c 6 § 1; Code 1881 § 2062; RRS § 1260
1/2.]
5.44.090 Copy of instrument restoring civil rights
as evidence. The secretary of state and the clerk of the
superior court, shall, upon demand and the payment of the
fee required by law, issue a certified copy of any such
instrument restoring civil rights filed in their respective
offices, and every such certified copy shall be received in
evidence as proof of the fact therein stated, in any court and
[Title 5 RCW—page 4]
by all election officers. [1931 c 19 § 4; 1929 c 26 § 5; RRS
§ 10253.]
Restoration of civil rights: Chapter 9.96 RCW.
5.44.130 Seal, how affixed. A seal of court or public
office, when required to any writ, process, or proceeding to
authenticate a copy of any record or document, may be
affixed by making an impression directly on the paper which
shall be as valid as if made upon a wafer or on wax. [Code
1881 § 434; 1877 p 95 § 436; 1869 p 116 § 430; 1854 p
196 § 338; RRS § 1258.]
Private seals abolished: RCW 64.04.090.
Seals of courts and municipalities: State Constitution Art. 27 § 9.
Superior court seal: RCW 2.08.050.
Supreme court seal: Rules of court: SAR 1.
Telegraphic message, description of seal: RCW 5.52.060.
5.44.140 Proceedings for determination of family
relationships—Presumption. In any proceeding regarding
the determination of a family relationship, including but not
limited to the parent and child relationship and the marriage
relationship, a determination of family relationships regarding any person or persons who immigrated to the United
States from a foreign country which was made or accepted
by the United States immigration and naturalization service
at the time of that person or persons’ entry into the United
States creates a rebuttable presumption that the determination
is valid and that the family relationship under foreign law is
as made or accepted at the time of entry. Except as provided in RCW 26.26.116(2), the presumption may be
overcome by a preponderance of evidence showing that a
living person other than the person named by the United
States immigration and naturalization service is in the
relationship in question. [2002 c 302 § 701; 1990 c 175 §
1.]
Application—Construction—Short title—Severability—2002 c 302:
See RCW 26.26.903, 26.26.911, and 26.26.912.
Chapter 5.45
UNIFORM BUSINESS RECORDS AS
EVIDENCE ACT
Sections
5.45.010
"Business" defined.
5.45.020
Business records as evidence.
5.45.900
Construction—1947 c 53.
5.45.910
Short title.
5.45.920
Repeal of inconsistent provisions.
Rules of court: ER 803.
5.45.010 "Business" defined. The term "business"
shall include every kind of business, profession, occupation,
calling or operation of institutions, whether carried on for
profit or not. [1947 c 53 § 1; Rem. Supp. 1947 § 1263-1.
Formerly RCW 5.44.100.]
5.45.020 Business records as evidence. A record of
an act, condition or event, shall in so far as relevant, be
competent evidence if the custodian or other qualified
witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at
(2002 Ed.)
Uniform Business Records as Evidence Act
or near the time of the act, condition or event, and if, in the
opinion of the court, the sources of information, method and
time of preparation were such as to justify its admission.
[1947 c 53 § 2; Rem. Supp. 1947 § 1263-2. Formerly RCW
5.44.110.]
5.45.900 Construction—1947 c 53. This chapter
shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states
which enact it. [1947 c 53 § 3; Rem. Supp. 1947 § 1263-3.
Formerly RCW 5.44.120.]
5.45.910 Short title. This chapter may be cited as
The Uniform Business Records as Evidence Act. [1947 c 53
§ 4; Rem. Supp. 1947 § 1263-4.]
5.45.920 Repeal of inconsistent provisions. All acts
or parts of acts which are inconsistent with the provisions of
this act are hereby repealed. [1947 c 53 § 5; Rem. Supp.
1947 § 1263-5.]
Chapter 5.46
UNIFORM PHOTOGRAPHIC COPIES OF
BUSINESS AND PUBLIC RECORDS
AS EVIDENCE ACT
Sections
5.46.010
5.46.900
5.46.910
5.46.920
Copies of business and public records as evidence.
Construction—1953 c 273.
Short title.
Repeal of inconsistent provisions.
5.46.010 Copies of business and public records as
evidence. If any business, institution, member of a profession or calling or any department or agency of government,
in the regular course of business or activity has kept or
recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has
caused any or all of the same to be recorded, copied or
reproduced by any photographic, photostatic, microfilm,
microcard, miniature photographic, optical imaging, or other
process which accurately reproduces or forms a durable
medium for so reproducing the original, the original may be
destroyed in the regular course of business unless the same
is an asset or is representative of title to an asset held in a
custodial or fiduciary capacity or unless its preservation is
required by law. Such reproduction, when satisfactorily
identified, is as admissible in evidence as the original itself
in any judicial or administrative proceeding whether the
original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if
the original reproduction is in existence and available for
inspection under direction of court. The introduction of a
reproduced record, enlargement or facsimile, does not
preclude admission of the original. [1994 c 19 § 1; 1959 c
125 § 1; 1953 c 273 § 1. Formerly RCW 5.44.125.]
Photostatic or photographic copies of public or business records admissible
in evidence: RCW 40.20.030.
(2002 Ed.)
5.45.020
5.46.900 Construction—1953 c 273. This chapter
shall be so interpreted and construed as to effectuate its
general purpose of making uniform the law of those states
which enact it. [1953 c 273 § 2.]
5.46.910 Short title. This chapter may be cited as the
"Uniform Photographic Copies of Business and Public
Records as Evidence Act." [1953 c 273 § 3.]
5.46.920 Repeal of inconsistent provisions. All acts
or parts of acts which are inconsistent with the provisions of
this act are repealed. [1953 c 273 § 4.]
Chapter 5.48
PROOF—REPLACEMENT OF LOST RECORDS
Sections
5.48.010
Substitution of copy authorized.
5.48.020
Methods to replace lost court records.
5.48.030
Action to replace—Procedure.
5.48.040
Hearing on application—Evidence.
5.48.050
Time for appeal extended.
5.48.051
Costs to be taxed.
5.48.060
Replacement of lost or destroyed probate records.
5.48.070
Costs—Payment of.
Records and exhibits of superior court, destruction, reproduction: RCW
36.23.065, 36.23.067, 36.23.070.
5.48.010 Substitution of copy authorized. Whenever
a pleading, process, return, verdict, bill of exceptions, order,
entry, stipulation or other act, file or proceeding in any
action or proceeding pending in any court of this state shall
have been lost or destroyed by fire or otherwise, or is withheld by any person, such court may, upon the application of
any party to such action or proceeding, order a copy or
substantial copy thereof to be substituted. [1890 p 337 § 1;
RRS § 1270.]
5.48.020 Methods to replace lost court records.
Whenever the record required by law of the proceedings,
judgment or decree in any action or other proceeding of any
court in this state in which a final judgment has been
rendered, or any part thereof, is lost or destroyed by fire or
otherwise, such court may, upon the application of any party
interested therein, grant an order authorizing such record or
parts thereof to be supplied or replaced—
(1) by a certified copy of such original record, or part
thereof, when the same can be obtained;
(2) by a duly certified copy of the record in the supreme
court or court of appeals of such original record of any
action or proceeding that may have been removed to the
supreme court or court of appeals and remains recorded or
filed in said courts;
(3) by the original pleadings, entries, papers and files in
such action or proceeding when the same can be obtained;
(4) by an agreement in writing signed by all the parties
to such action or proceeding, their representatives or attorneys, that a substituted copy of such original record is
substantially correct. [1971 c 81 § 25; 1890 p 338 § 2; RRS
§ 1271.]
[Title 5 RCW—page 5]
5.48.030
Title 5 RCW: Evidence
5.48.030 Action to replace—Procedure. Whenever
the record required by law, or any part thereof, of the
proceedings or judgment or decree in any action or other
proceeding of any court in this state in which the final
judgment has been rendered, is lost or destroyed by fire or
otherwise, and such loss cannot be supplied or replaced as
provided in RCW 5.48.020, any person or party interested
therein may make a written application to the court to which
said record belongs, setting forth the substance of the record
so lost or destroyed, which application shall be verified in
the manner provided for the verification of pleadings in a
civil action, and thereupon summons shall issue and actual
service, or service by publication, shall be made upon all
persons interested in or affected by said original judgment or
final entry in the manner provided by law for the commencement of civil actions, provided the parties may waive the
issuing or service of summons and enter their appearance to
such application; and upon the hearing of such application
without further pleadings, if the court finds that such record
has been lost or destroyed and that it is enabled by the
evidence produced to find the substance or effect thereof
material to the preservation of the rights of the parties
thereto, it shall make an order allowing a record, which
record shall recite the substance and effect of said lost or
destroyed record, or part thereof, and the same shall thereupon be recorded in said court, and shall have the same
effect as the original record would have if the same had not
been lost or destroyed, so far as it concerns the rights of the
parties so making the application, or persons or parties so
served with summons, or entering their appearance, or
persons claiming under them by a title acquired subsequently
to the filing of the application. [1890 p 338 § 3; RRS §
1272.]
5.48.040 Hearing on application—Evidence. Upon
the hearing of the application provided in RCW 5.48.030, the
court may admit in evidence oral testimony and any complete or partial abstract of such record, docket entries or
indices, and any other written evidence of the contents or
effect of such records and published reports concerning such
actions or proceedings, when the court is of opinion that
such abstracts, writings and publications were fairly and
honestly made before the loss of such records occurred.
[1890 p 339 § 4; RRS § 1273.]
5.48.050 Time for appeal extended. Whenever a lost
or destroyed judgment or order is one to which either party
has a right to a proceeding in error or of appeal, the time
intervening between the filing of the application mentioned
in RCW 5.48.030 and the final order of the court thereon
shall be excluded in computing the time within which such
proceeding or appeal may be taken as provided by law.
[1890 p 339 § 5; RRS § 1274.]
Rules of court: Cf. RAP 5.2, 18.22.
5.48.051 Costs to be taxed. The costs to be taxed,
upon an application to restore a lost or destroyed record,
shall be the same as are provided for like service in civil
actions, and may be adjudged against either or any party to
such proceeding or application, or may, in the discretion of
[Title 5 RCW—page 6]
the court, be apportioned between such parties. [1890 p 339
§ 6; RRS § 1275. Formerly RCW 5.48.070, part.]
5.48.060 Replacement of lost or destroyed probate
records. In case of the loss or destruction by fire or
otherwise of the records, or any part thereof, of any probate
court or superior court having probate jurisdiction, the judge
of any such court may proceed, upon its own motion, or
upon application in writing of any party in interest, to restore
the records, papers, and proceedings of either of said courts
relating to the estates of deceased persons, including recorded wills, wills probated, or filed for probate in such courts,
all marriage records and all other records and proceedings,
and for the purpose of restoring said records, wills, papers
or proceedings, or any part thereof, may cause citations or
other process to be issued to any and all parties to be
designated by him, and may compel the attendance in court
of any and all witnesses whose testimony may be necessary
to the establishment of any such record or part thereof, and
the production of any and all written or documentary
evidence which may be by him deemed necessary in
determining the true import and effect of the original
records, will, paper, or other document belonging to the files
of said courts; and may make such orders and decrees
establishing such original record, will, paper, document or
proceeding, or the substance thereof, as to him shall seem
just and proper. [1957 c 9 § 5; 1890 p 340 § 7; RRS §
1276.]
Reviser’s note: Jurisdiction in probate matters now vested in superior
courts, see state Constitution Art. 4 § 6 (Amendment 28) and Art. 27 § 10.
5.48.070 Costs—Payment of. The costs incurred in
the probate and superior courts in proceedings under RCW
5.48.051 and 5.48.060 shall be paid by the party or parties
interested in such proceedings, or in whose behalf such proceedings are instituted. [1890 p 340 § 8; RRS § 1277.
FORMER PART OF SECTION: 1890 p 339 § 6; RRS §
1275, now codified as RCW 5.48.051.]
Reviser’s note: See note following RCW 5.48.060.
Chapter 5.52
TELEGRAPHIC COMMUNICATIONS
Sections
5.52.010
Deemed communications in writing.
5.52.020
Notice by telegraph deemed actual notice.
5.52.030
Instrument transmitted by telegraph—Effect.
5.52.040
Bills and notes drawn by telegraph—Effect.
5.52.050
Telegraphic copies as evidence.
5.52.060
Seal and revenue stamp, how described.
5.52.070
"Telegraphic copy" or "telegraphic duplicate" defined.
Rules of court: Cf. CR 9(h).
Arrest by telegraph—Validity of telegraphic copy: RCW 10.31.060.
Divulging telegraph message: RCW 9.73.010.
False message as forgery: RCW 9A.60.020.
Interference with communication or its facilities: RCW 9A.48.070,
9A.48.080.
Tampering with telegraph message: RCW 9A.48.070, 9A.48.080.
Telecommunications companies: Chapter 80.36 RCW; state Constitution
Art. 12 § 19.
(2002 Ed.)
Telegraphic Communications
5.52.010 Deemed communications in writing.
Contracts made by telegraph shall be deemed to be contracts
in writing; and all communications sent by telegraph and
signed by the person or persons sending the same, or by his
or their authority, shall be held and deemed to be communications in writing. [Code 1881 § 2352; 1865 p 74 § 11;
RRS § 11345.]
5.52.020 Notice by telegraph deemed actual notice.
Whenever any notice, information or intelligence, written or
otherwise, is required to be given, the same may be given by
telegraph: PROVIDED, That the dispatch containing the
same be delivered to the person entitled thereto, or to his
agent or attorney. Notice by telegraph shall be deemed
actual notice. [Code 1881 § 2353; 1865 p 74 § 12; RRS §
11346.]
5.52.030 Instrument transmitted by telegraph—
Effect. Any power of attorney, or other instrument in
writing, duly proved or acknowledged, and certified so as to
be entitled to record may, together with the certificate of its
proof or acknowledgment, be sent by telegraph, and telegraphic copy, or duplicate thereof, shall, prima facie, have
the same force and effect, in all respects, and may be
admitted to record and recorded in the same manner and
with like effect as the original. [Code 1881 § 2354; 1865 p
74 § 13; RRS § 11347.]
5.52.040 Bills and notes drawn by telegraph—
Effect. Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money, or other thing of value, may be made or
drawn by telegraph, and when so made or drawn, shall have
the same force and effect to charge the maker, drawer,
indorser or acceptor thereof, and shall create the same rights
and equities in favor of the payee, drawer [drawee], indorser
[indorsee], acceptor, holder or bearer thereof, and shall be
entitled to the same days of grace as if duly made or drawn
and delivered in writing; but it shall not be lawful for any
person other than the person or drawer thereof, to cause any
such instrument to be sent by telegraph, so as to charge any
person thereby, except as in RCW 5.52.050 otherwise
provided. Whenever the genuineness or execution of any
such instrument received by telegraph shall be denied on
oath, by or on behalf of the person sought to be charged
thereby, it shall be incumbent upon the party claiming under
or alleging the same, to prove the existence and execution of
the original writing from which the telegraph copy or
duplicate was transmitted. The original message shall in all
cases be preserved in the telegraph office from which the
same is sent. [Code 1881 § 2355; 1865 p 74 § 14; RRS §
11348.]
5.52.050 Telegraphic copies as evidence. Except as
hereinbefore otherwise provided, any instrument in writing,
duly certified, under his hand and official seal, by a notary
public, commissioner of deeds, or clerk of a court of record,
to be genuine, within the personal knowledge of such officer,
may, together with such certificate, be sent by telegraph and
the telegraphic copy thereof shall, prima facie, only have the
same force, effect and validity, in all respects whatsoever as
(2002 Ed.)
5.52.010
the original, and the burden of proof shall rest with the party
denying the genuineness, or due execution of the original.
[Code 1881 § 2356; 1865 p 75 § 15; RRS § 11349.]
5.52.060 Seal and revenue stamp, how described.
Whenever any document to be sent by telegraph bears a seal,
either private or official, it shall not be necessary for the
operator in sending the same, to telegraph a description of
the seal, or any words or device thereon, but the same may
be expressed in the telegraphic copy by the letters "L.S.," or
by the word "seal," and whenever any document bears a
revenue stamp, it shall be sufficient to express the same in
the telegraphic copy, by the word "stamp," without any other
or further description thereof. [Code 1881 § 2359; 1865 p
76 § 18; RRS § 11350.]
Seal, how affixed: RCW 5.44.130.
5.52.070 "Telegraphic copy" or "telegraphic
duplicate" defined. The term "telegraphic copy," or
"telegraphic duplicate," whenever used in this chapter, shall
be construed to mean any copy of a message, made or
prepared for delivery at the office to which said message
may have been sent by telegraph. [Code 1881 § 2362; 1865
p 77 § 21; RRS § 11351.]
Chapter 5.56
WITNESSES—COMPELLING ATTENDANCE
Sections
5.56.010
5.56.050
5.56.060
5.56.061
5.56.070
5.56.080
5.56.090
5.56.100
Tampering
When witnesses must attend—Fees and allowances.
Person in court required to testify.
Result of failure to attend.
Failure to attend considered contempt of court.
Attachment of witness.
To whom attachment directed—Execution.
Testimony of prisoner, how obtained.
Affidavit to procure order.
with witness: RCW 9A.72.120.
5.56.010 When witnesses must attend—Fees and
allowances. Any person may be compelled to attend as a
witness before any court of record, judge, commissioner, or
referee, in any civil action or proceeding in this state. No
such person shall be compelled to attend as a witness in any
civil action or proceeding unless the fees be paid or tendered
him which are allowed by law for one day’s attendance as
a witness and for traveling to and returning from the place
where he is required to attend, together with any allowance
for meals and lodging theretofore fixed as specified herein:
PROVIDED, That such fees be demanded by any witness
residing within the same county where such court of record,
judge, commissioner, or referee is located, or within twenty
miles of the place where such court is located, at the time of
service of the subpoena: PROVIDED FURTHER, That a
party desiring the attendance of a witness residing outside of
the county in which such action or proceeding is pending, or
more than twenty miles of the place where such court is
located, shall apply ex parte to such court, or to the judge,
commissioner, referee or clerk thereof, who, if such application be granted and a subpoena issued, shall fix without
notice an allowance for meals and lodging, if any to be
[Title 5 RCW—page 7]
5.56.010
Title 5 RCW: Evidence
allowed, together with necessary travel expenses, and the
amounts so fixed shall be endorsed upon the subpoena and
tendered to such witness at the time of the service of the
subpoena: PROVIDED FURTHER, That the court shall fix
and allow at or after trial such additional amounts for meals,
lodging and travel as it may deem reasonable for the
attendance of such witness. [1963 c 19 § 1; 1891 c 19 § 2;
Code 1881 § 393; 1877 p 87 § 395; 1869 p 104 § 388; 1863
p 156 § 69; 1854 p 187 § 295; RRS § 1215.]
Rules of court: Cf. CR 4(f).
Arbitration, compelling attendance of witnesses: RCW 7.04.110.
District court, attachment, damages for nonappearance: RCW 12.16.030,
12.16.050.
Power to compel attendance of persons to testify: RCW 2.28.010, 2.28.020,
2.28.060, 2.28.070.
Salaried public officers shall not receive additional compensation as witness
on behalf of employer, and in certain other cases: RCW 42.16.020.
Witness fees and mileage: Chapter 2.40 RCW.
5.56.050 Person in court required to testify. A
person present in court or before a judicial officer, may be
required to testify in the same manner as if he were in
attendance upon a subpoena issued by such court or officer.
[Code 1881 § 397; 1877 p 88 § 399; 1869 p 106 § 392;
1854 p 188 § 299; RRS § 1219.]
5.56.060 Result of failure to attend. If any person
duly served with a subpoena and obliged to attend as a
witness, shall fail to do so, without any reasonable excuse,
he shall be liable to the aggrieved party for all damages
occasioned by such failure, to be recovered in a civil action.
[Code 1881 § 398; 1877 p 88 § 400; 1869 p 106 § 393;
1854 p 188 § 300; RRS § 1220, part. FORMER PART OF
SECTION: Code 1881 § 399; 1877 p 88 § 401; 1869 p 106
§ 394; 1854 p 188 § 301; RRS § 1220, part, now codified as
RCW 5.56.061.]
Contempts: Chapter 7.21 RCW.
District court, damages for nonappearance: RCW 12.16.050.
5.56.061 Failure to attend considered contempt of
court. A failure to attend as required by the subpoena, shall
also be considered a contempt of court as provided in
chapter 7.21 RCW. [1989 c 373 § 8; Code 1881 § 399;
1877 p 88 § 401; 1869 p 106 § 394; 1854 p 188 § 301; RRS
§ 1220, part. Formerly RCW 5.56.060, part.]
Rules of court: Cf. CR 45(f).
Severability—1989 c 373: See RCW 7.21.900.
Criminal contempt: RCW 9.92.040.
Power of courts and judicial officers to punish for contempt: RCW
2.28.020, 2.28.070.
5.56.070 Attachment of witness. The court, judge, or
other officer, in such case, may issue an attachment to bring
such witness before them to answer for contempt, and also
testify as witness in the cause in which he or she was subpoenaed. [1987 c 202 § 125; Code 1881 § 400; 1877 p 88
§ 402; 1869 p 106 § 395; 1854 p 188 § 302; RRS § 1221.]
Rules of court: Cf. CR 45(f).
Intent—1987 c 202: See note following RCW 2.04.190.
District court, attachment for nonappearance: RCW 12.16.030.
[Title 5 RCW—page 8]
5.56.080 To whom attachment directed—Execution.
Such attachment may be directed to the sheriff or any deputy
of any county in which the witness may be found, and shall
be executed in the same manner as a warrant; and the fees
of the officer for issuing and serving the same shall be paid
by the person against whom the same was issued, unless he
or she shows reasonable cause, to the satisfaction of the
judge, for his or her omission to attend; in which case the
party requiring such attachment shall pay all such costs.
[1987 c 202 § 126; 1891 c 19 § 3; RRS § 1222.]
Rules of court: Cf. CR 45(f).
Reviser’s note: Preliminary language of 1891 c 19 § 3 reads as
follows: "The following section is enacted to follow section 400 of the said
Code of 1881 [RCW 5.56.070], as that section shall be numbered in the
code of procedure of this state:".
Intent—1987 c 202: See note following RCW 2.04.190.
5.56.090 Testimony of prisoner, how obtained. If
the witness be a prisoner confined in a jail or prison within
this state, an order for his examination in prison, upon
deposition, or for his temporary removal and production
before a court or officer, for the purpose of being orally
examined, may be issued. [Code 1881 § 401; 1877 p 88 §
403; 1869 p 106 § 396; 1854 p 189 § 303; RRS § 1223.]
5.56.100 Affidavit to procure order. Such order can
only be made upon affidavit, showing the nature of the
action or proceeding, the testimony expected from the
witness, and its materiality. [Code 1881 § 402; 1877 p 88
§ 404; 1869 p 106 § 397; 1854 p 189 § 304; RRS § 1224.]
Chapter 5.60
WITNESSES—COMPETENCY
Sections
5.60.020
5.60.030
Who may testify.
Not excluded on grounds of interest—Exception—
Transaction with person since deceased.
5.60.050
Who are incompetent.
5.60.060
Who are disqualified—Privileged communications.
5.60.070
Mediation—Disclosure—Testimony.
5.60.072
Mediation by agency—Privilege and confidentiality.
Attorney as witness: Rules of court: CR 43(g); CPR 5 (DR 5-102).
Witnesses, competency: Rules of court: ER 601.
5.60.020 Who may testify. Every person of sound
mind and discretion, except as hereinafter provided, may be
a witness in any action, or proceeding. [1986 c 195 § 1;
Code 1881 § 388; 1877 p 85 § 390; 1869 p 103 § 383; 1854
p 186 § 289; RRS § 1210.]
5.60.030 Not excluded on grounds of interest—
Exception—Transaction with person since deceased. No
person offered as a witness shall be excluded from giving
evidence by reason of his or her interest in the event of the
action, as a party thereto or otherwise, but such interest may
be shown to affect his or her credibility: PROVIDED,
HOWEVER, That in an action or proceeding where the
adverse party sues or defends as executor, administrator or
legal representative of any deceased person, or as deriving
right or title by, through or from any deceased person, or as
(2002 Ed.)
Witnesses—Competency
the guardian or limited guardian of the estate or person of
any incompetent or disabled person, or of any minor under
the age of fourteen years, then a party in interest or to the
record, shall not be admitted to testify in his or her own
behalf as to any transaction had by him or her with, or any
statement made to him or her, or in his or her presence, by
any such deceased, incompetent or disabled person, or by
any such minor under the age of fourteen years: PROVIDED FURTHER, That this exclusion shall not apply to parties
of record who sue or defend in a representative or fiduciary
capacity, and have no other or further interest in the action.
[1977 ex.s. c 80 § 3; 1927 c 84 § 1; Code 1881 § 389; 1877
p 85 § 391; 1873 p 106 § 382; 1869 p 183 § 384; 1867 p 88
§ 1; 1854 p 186 § 290; RRS § 1211.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
5.60.050 Who are incompetent. The following
persons shall not be competent to testify:
(1) Those who are of unsound mind, or intoxicated at
the time of their production for examination, and
(2) Those who appear incapable of receiving just
impressions of the facts, respecting which they are examined,
or of relating them truly. [1986 c 195 § 2; Code 1881 §
391; 1877 p 86 § 393; 1869 p 103 § 386; 1863 p 154 § 33;
1854 p 186 § 293; RRS § 1213.]
5.60.060 Who are disqualified—Privileged communications. (1) A husband shall not be examined for or
against his wife, without the consent of the wife, nor a wife
for or against her husband without the consent of the
husband; nor can either during marriage or afterward, be
without the consent of the other, examined as to any communication made by one to the other during marriage. But
this exception shall not apply to a civil action or proceeding
by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to
a criminal action or proceeding against a spouse if the
marriage occurred subsequent to the filing of formal charges
against the defendant, nor to a criminal action or proceeding
for a crime committed by said husband or wife against any
child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A, 71.05, or
71.09 RCW: PROVIDED, That the spouse of a person
sought to be detained under chapter 70.96A, 71.05, or 71.09
RCW may not be compelled to testify and shall be so
informed by the court prior to being called as a witness.
(2)(a) An attorney or counselor shall not, without the
consent of his or her client, be examined as to any communication made by the client to him or her, or his or her
advice given thereon in the course of professional employment.
(b) A parent or guardian of a minor child arrested on a
criminal charge may not be examined as to a communication
between the child and his or her attorney if the communication was made in the presence of the parent or guardian.
This privilege does not extend to communications made prior
to the arrest.
(3) A member of the clergy or a priest shall not, without
the consent of a person making the confession, be examined
as to any confession made to him or her in his or her
(2002 Ed.)
5.60.030
professional character, in the course of discipline enjoined by
the church to which he or she belongs.
(4) Subject to the limitations under RCW 70.96A.140 or
71.05.250, a physician or surgeon or osteopathic physician
or surgeon or podiatric physician or surgeon shall not,
without the consent of his or her patient, be examined in a
civil action as to any information acquired in attending such
patient, which was necessary to enable him or her to
prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child’s
injury, neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal
injuries or wrongful death, the claimant shall be deemed to
waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition
constitutes a waiver of the privilege as to all physicians or
conditions, subject to such limitations as a court may impose
pursuant to court rules.
(5) A public officer shall not be examined as a witness
as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.
(6)(a) A peer support group counselor shall not, without
consent of the law enforcement officer making the communication, be compelled to testify about any communication
made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the
sheriff, police chief, or chief of the Washington state patrol,
prior to the incident that results in counseling. The privilege
only applies when the communication was made to the
counselor while acting in his or her capacity as a peer
support group counselor. The privilege does not apply if the
counselor was an initial responding officer, a witness, or a
party to the incident which prompted the delivery of peer
support group counseling services to the law enforcement
officer.
(b) For purposes of this section, "peer support group
counselor" means a:
(i) Law enforcement officer, or civilian employee of a
law enforcement agency, who has received training to
provide emotional and moral support and counseling to an
officer who needs those services as a result of an incident in
which the officer was involved while acting in his or her
official capacity; or
(ii) Nonemployee counselor who has been designated by
the sheriff, police chief, or chief of the Washington state
patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an
incident in which the officer was involved while acting in
his or her official capacity.
(7) A sexual assault advocate may not, without the
consent of the victim, be examined as to any communication
made by the victim to the sexual assault advocate.
(a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis
center, victim assistance unit, program, or association, that
provides information, medical or legal advocacy, counseling,
or support to victims of sexual assault, who is designated by
the victim to accompany the victim to the hospital or other
health care facility and to proceedings concerning the alleged
assault, including police and prosecution interviews and court
proceedings.
[Title 5 RCW—page 9]
5.60.060
Title 5 RCW: Evidence
(b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if
failure to disclose is likely to result in a clear, imminent risk
of serious physical injury or death of the victim or another
person. Any sexual assault advocate participating in good
faith in the disclosing of records and communications under
this section shall have immunity from any liability, civil,
criminal, or otherwise, that might result from the action. In
any proceeding, civil or criminal, arising out of a disclosure
under this section, the good faith of the sexual assault
advocate who disclosed the confidential communication shall
be presumed. [2001 c 286 § 2; 1998 c 72 § 1; 1997 c 338
§ 1; 1996 c 156 § 1; 1995 c 240 § 1; 1989 c 271 § 301.
Prior: 1989 c 10 § 1; 1987 c 439 § 11; 1987 c 212 § 1501;
1986 c 305 § 101; 1982 c 56 § 1; 1979 ex.s. c 215 § 2;
1965 c 13 § 7; Code 1881 § 392; 1879 p 118 § 1; 1877 p 86
§ 394; 1873 p 107 § 385; 1869 p 104 § 387; 1854 p 187 §
294; RRS § 1214. Cf. 1886 p 73 § 1.]
Rules of court: Cf. CR 43(g).
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Severability—1997 c 338: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 338 § 74.]
Effective dates—1997 c 338: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 1997, except sections 10, 12, 18, 24 through 26, 30, 38, and 59 of
this act which take effect July 1, 1998." [1997 c 338 § 75.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—1989 c 271: See note following RCW 9.94A.510.
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
Severability—1982 c 56: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 56 § 2.]
Nonsupport or family desertion, spouse as witness: RCW 26.20.071.
Optometrist—Client, privileged communications: RCW 18.53.200.
Psychologist—Client, privileged communications: RCW 18.83.110.
Report of abuse of children: Chapter 26.44 RCW.
5.60.070 Mediation—Disclosure—Testimony. (1) If
there is a court order to mediate, a written agreement
between the parties to mediate, or if mediation is mandated
under RCW 7.70.100, then any communication made or
materials submitted in, or in connection with, the mediation
proceeding, whether made or submitted to or by the mediator, a mediation organization, a party, or any person present,
are privileged and confidential and are not subject to
disclosure in any judicial or administrative proceeding
except:
(a) When all parties to the mediation agree, in writing,
to disclosure;
(b) When the written materials or tangible evidence are
otherwise subject to discovery, and were not prepared
specifically for use in and actually used in the mediation
proceeding;
(c) When a written agreement to mediate permits
disclosure;
(d) When disclosure is mandated by statute;
[Title 5 RCW—page 10]
(e) When the written materials consist of a written
settlement agreement or other agreement signed by the
parties resulting from a mediation proceeding;
(f) When those communications or written materials
pertain solely to administrative matters incidental to the
mediation proceeding, including the agreement to mediate;
or
(g) In a subsequent action between the mediator and a
party to the mediation arising out of the mediation.
(2) When there is a court order, a written agreement to
mediate, or when mediation is mandated under RCW
7.70.100, as described in subsection (1) of this section, the
mediator or a representative of a mediation organization shall
not testify in any judicial or administrative proceeding
unless:
(a) All parties to the mediation and the mediator agree
in writing; or
(b) In an action described in subsection (1)(g) of this
section. [1993 c 492 § 422; 1991 c 321 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Severability—1991 c 321: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 321 § 3.]
5.60.072 Mediation by agency—Privilege and
confidentiality. Notwithstanding the provisions of RCW
5.60.070, when any party participates in mediation conducted
by a state or federal agency under the provisions of a
collective bargaining law or similar statute, the agency’s
rules govern questions of privilege and confidentiality.
[1991 c 321 § 2.]
Severability—1991 c 321: See note following RCW 5.60.070.
Chapter 5.62
WITNESSES—REGISTERED NURSES
Sections
5.62.010
5.62.020
5.62.030
Definitions.
Registered nurse—Privileged communications—Exceptions.
Nurse-patient privilege subject to limitations and exemptions
of physician-patient privilege.
5.62.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Registered nurse" means a registered nurse or
advanced nurse practitioner licensed under chapter 18.79
RCW.
(2) "Protocol" means a regimen to be carried out by a
registered nurse and prescribed by a licensed physician under
chapter 18.71 RCW, or a licensed osteopathic physician
under chapter 18.57 RCW, which is consistent with chapter
18.79 RCW and the rules adopted under that chapter.
(3) "Primary care" means screening, assessment,
diagnosis, and treatment for the purpose of promotion of
health and detection of disease or injury, as authorized by
chapter 18.79 RCW and the rules adopted under that chapter.
[1994 sp.s. c 9 § 703; 1987 c 198 § 1; 1985 c 447 § 1.]
(2002 Ed.)
Witnesses—Registered Nurses
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
5.62.020 Registered nurse—Privileged communications—Exceptions. No registered nurse providing primary
care or practicing under protocols, whether or not the
physical presence or direct supervision of a physician is required, may be examined in a civil or criminal action as to
any information acquired in attending a patient in the
registered nurse’s professional capacity, if the information
was necessary to enable the registered nurse to act in that
capacity for the patient, unless:
(1) The patient consents to disclosure or, in the event of
death or disability of the patient, his or her personal representative, heir, beneficiary, or devisee consents to disclosure;
or
(2) The information relates to the contemplation or
execution of a crime in the future, or relates to the neglect
or the sexual or physical abuse of a child, or of a vulnerable
adult as defined in RCW 74.34.020, or to a person subject
to proceedings under chapter 70.96A, 71.05, or 71.34 RCW.
[1989 c 271 § 302; 1986 c 212 § 1; 1985 c 447 § 2.]
Severability—1989 c 271: See note following RCW 9.94A.510.
5.62.030 Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege.
Notwithstanding anything to the contrary in this chapter, the
privilege created in this chapter is subject to the same
limitations and exemptions contained in RCW 26.44.060(3)
and 51.04.050 as those limitations and exemptions relate to
the physician/patient privilege of RCW 5.60.060. [2002 c
302 § 702; 1986 c 212 § 2; 1985 c 447 § 3.]
Application—Construction—Short title—Severability—2002 c 302:
See RCW 26.26.903, 26.26.911, and 26.26.912.
Chapter 5.64
ADMISSIBILITY—FURNISHING, OFFERING,
OR PROMISING TO PAY MEDICAL EXPENSES
Sections
5.64.010
Personal injury action for negligence of person licensed to
provide health care or related services—Evidence of
furnishing or offering to pay expenses inadmissible to
prove liability.
5.64.010 Personal injury action for negligence of
person licensed to provide health care or related services—Evidence of furnishing or offering to pay expenses
inadmissible to prove liability. In any civil action for
personal injuries which is based upon alleged professional
negligence and which is against:
(1) A person licensed by this state to provide health care
or related services, including, but not limited to, a physician,
osteopathic physician, dentist, nurse, optometrist, *podiatrist,
chiropractor, physical therapist, psychologist, pharmacist,
optician, physician’s assistant, osteopathic physician’s
assistant, nurse practitioner, or physician’s trained mobile
intensive care paramedic, including, in the event such person
is deceased, his estate or personal representative;
(2) An employee or agent of a person described in
subsection (1) of this section, acting in the course and scope
(2002 Ed.)
5.62.010
of his employment, including, in the event such employee or
agent is deceased, his estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or
institution employing one or more persons described in
subsection (1) of this section, including, but not limited to,
a hospital, clinic, health maintenance organization, or nursing
home; or an officer, director, employee, or agent thereof
acting in the course and scope of his employment, including,
in the event such officer, director, employee, or agent is
deceased, his estate or personal representative;
evidence of furnishing or offering or promising to pay
medical, hospital, or similar expenses occasioned by an
injury is not admissible to prove liability for the injury.
[1975-’76 2nd ex.s. c 56 § 3.]
Rules of court: Cf. ER 409.
*Reviser’s note: The term "podiatrist" was changed to "podiatric
physician and surgeon" by 1990 c 147.
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
Chapter 5.66
ADMISSIBILITY OF CERTAIN GESTURES
EXPRESSING SYMPATHY
Sections
5.66.010
Admissibility of sympathetic gestures.
5.66.010 Admissibility of sympathetic gestures. (1)
The portion of statements, writings, or benevolent gestures
expressing sympathy or a general sense of benevolence
relating to the pain, suffering, or death of a person involved
in an accident, and made to that person or to the family of
that person, shall be inadmissible as evidence in a civil
action. A statement of fault, however, which is part of, or
in addition to, any of the above shall not be made inadmissible by this section.
(2) For purposes of this section:
(a) "Accident" means an occurrence resulting in injury
or death to one or more persons that is not the result of
willful action by a party.
(b) "Benevolent gestures" means actions that convey a
sense of compassion or commiseration emanating from
humane impulses.
(c) "Family" means the spouse, parent, grandparent,
stepmother, stepfather, child, grandchild, brother, sister, half
brother, half sister, adopted child of a parent, or spouse’s
parents of an injured party. [2002 c 334 § 1.]
[Title 5 RCW—page 11]
Title 6
ENFORCEMENT OF JUDGMENTS
Chapters
6.01
6.13
6.15
6.17
6.19
6.21
6.23
6.25
6.26
6.27
6.28
6.32
6.36
6.40
6.44
General provisions.
Homesteads.
Personal property exemptions.
Executions.
Adverse claims to property levied on.
Sales under execution.
Redemption.
Attachment.
Prejudgment garnishment.
Garnishment.
Commissioners to convey real estate.
Proceedings supplemental to execution.
Uniform enforcement of foreign judgments
act.
Uniform foreign money-judgments recognition act.
Uniform foreign-money claims act.
Alien property custodian: RCW 4.28.330.
Husband and wife, property: Chapter 26.16 RCW.
Private property, when may be taken for public debt: State Constitution
Art. 11 § 13.
Railroads, personalty may be taken: State Constitution Art. 12 § 17.
Receivers: Chapter 7.60 RCW; Rules of court: CR 66.
Support of dependent children—Alternative method—1971 act: Chapter
74.20A RCW.
Chapter 6.01
GENERAL PROVISIONS
Sections
6.01.010
6.01.020
6.01.030
6.01.040
6.01.050
6.01.060
Application of chapters in Title 6 RCW to superior courts
and district courts—Definitions.
Entry of judgment—Superior court—District court—Small
claims.
Direction of writ when sheriff a party.
Execution against several persons—Contribution—
Repayment.
Writ of attachment or execution against debtor in bankruptcy.
"Certified mail" defined.
6.01.010 Application of chapters in Title 6 RCW to
superior courts and district courts—Definitions. Except
as otherwise expressly provided, the provisions of this
chapter and of chapters 6.13, 6.15, 6.17, 6.19, 6.21, 6.25,
6.26, and 6.27 RCW and chapter 6.32 RCW apply to both
the superior courts and district courts of this state. If
proceedings are before a district court, acts to be performed
by the clerk may be performed by a district court judge if
there is no clerk. As used in this title, "sheriff" includes
deputies, and "execution docket" refers also to the docket of
a district court. [1987 c 442 § 101.]
(2002 Ed.)
6.01.020 Entry of judgment—Superior court—
District court—Small claims. For purposes of this title and
RCW 4.56.190 and 4.56.210, a judgment of a superior court
is entered when it is delivered to the clerk’s office for filing.
A judgment of a district court of this state is entered on the
date of the entry of the judgment in the docket of the court.
A judgment of a small claims department of a district court
of this state is entered on the date of the entry in the docket
of that department. [1987 c 442 § 102.]
Rules of court: Cf. CR 58(b).
6.01.030 Direction of writ when sheriff a party. If
the sheriff is a party or otherwise interested in an action in
which a writ of execution, attachment, or replevin is to be
served, the writ shall be directed to the coroner of the
county, or the officer exercising the powers and performing
the duties of coroner if there is no coroner, and the person
to whom the writ is thus directed shall perform the duties of
the sheriff. [1987 c 442 § 103.]
6.01.040 Execution against several persons—
Contribution—Repayment. (1) When property liable to an
execution against several persons is sold on execution, if
more than a due proportion of the judgment is levied upon
the property of one person, or one of them pays without a
sale more than his or her due proportion, that person may
compel contribution from the others. When a judgment
against several persons is upon an obligation or contract of
one of them as security for another, if the surety pays the
full amount or any part of the judgment, either by sale of the
surety’s property or before sale, the surety may compel
repayment from the principal.
(2) In either case covered by subsection (1) of this
section, the person or surety so paying shall be entitled to
the benefit of the judgment to enforce contribution or
repayment, if within thirty days after the payment, notice of
the payment and claim to contribution or repayment is filed
with the clerk of the court where the judgment was rendered.
(3) Upon filing such notice, the clerk shall make an
entry thereof in the docket where the judgment is entered.
[1987 c 442 § 104.]
6.01.050 Writ of attachment or execution against
debtor in bankruptcy. If, before levying under a writ of
attachment or execution, a sheriff receives notice that the
defendant has become a debtor in a bankruptcy case, the
sheriff shall immediately give written notice of that fact to
the plaintiff’s attorney of record, if any, otherwise to the
plaintiff, and shall not be bound to levy under the writ. If,
after levying on property under a writ of attachment or
execution, a sheriff receives such notice, the sheriff shall
give written notice of the attachment or execution, describing
the property seized, to the trustee in the bankruptcy case if
[Title 6 RCW—page 1]
6.01.050
Title 6 RCW: Enforcement of Judgments
there is one, otherwise to the bankruptcy court, with a copy
to the plaintiff’s attorney of record, if any, otherwise to the
plaintiff, and shall transfer the property to the trustee on
demand or as the bankruptcy court otherwise directs. If no
demand is made on the sheriff for surrender of the property
and the sheriff thereafter receives notice of the closing of the
bankruptcy case, the sheriff shall give written notice by first
class mail to the plaintiff’s attorney of record, if any,
otherwise to the plaintiff, requiring that the plaintiff release
the property or obtain a renewal of the writ from the court,
and, if the plaintiff fails to release the property or to apply
for a renewal within fourteen days after the mailing of the
sheriff’s notice, the sheriff shall release the property to the
defendant. [1988 c 231 § 2.]
Severability—1988 c 231: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 231 § 38.]
6.01.060 "Certified mail" defined. The term
"certified mail," as used in this title, includes, for mailings
to a foreign country, any form of mail that requires or
permits a return receipt. [1988 c 231 § 1.]
consists of the dwelling house or the mobile home in which
the owner resides or intends to reside, with appurtenant
buildings, and the land on which the same are situated and
by which the same are surrounded, or improved or unimproved land owned with the intention of placing a house or
mobile home thereon and residing thereon. A mobile home
may be exempted under this chapter whether or not it is
permanently affixed to the underlying land and whether or
not the mobile home is placed upon a lot owned by the
mobile home owner. Property included in the homestead
must be actually intended or used as the principal home for
the owner.
(2) As used in this chapter, the term "owner" includes
but is not limited to a purchaser under a deed of trust,
mortgage, or real estate contract.
(3) As used in this chapter, the term "net value" means
market value less all liens and encumbrances senior to the
judgment being executed upon and not including the judgment being executed upon. [1999 c 403 § 1; 1993 c 200 §
1; 1987 c 442 § 201; 1981 c 329 § 7; 1945 c 196 § 1; 1931
c 88 § 1; 1927 c 193 § 1; 1895 c 64 § 1; Rem. Supp. 1945
§ 528. Formerly RCW 6.12.010.]
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1988 c 231: See note following RCW 6.01.050.
Chapter 6.13
HOMESTEADS
Sections
6.13.010
6.13.020
6.13.030
6.13.040
Homestead, what constitutes—"Owner," "net value" defined.
Homestead—What may constitute.
Homestead exemption limited.
Automatic homestead exemption—Conditions—Declaration
of homestead—Declaration of abandonment.
6.13.050
Homestead presumed abandoned, when—Declaration of
nonabandonment.
6.13.060
Conveyance or encumbrance by husband and wife.
6.13.070
Homestead exempt from execution, when—Presumed valid.
6.13.080
Homestead exemption, when not available.
6.13.090
Judgment against homestead owner—Lien on excess value
of homestead property.
6.13.100
Execution against homestead—Application for appointment
of appraiser.
6.13.110
Application under RCW 6.13.100 must be made by verified
petition—Contents.
6.13.120
Notice.
6.13.130
Hearing—Appointment of appraiser.
6.13.140
Appraiser—Oath—Duties.
6.13.150
Division of homestead.
6.13.160
Sale, if not divisible.
6.13.170
Application of proceeds.
6.13.180
Money from sale protected.
6.13.190
Appraiser—Compensation.
6.13.200
Costs.
6.13.210
Alienation in case of incompetency or disability of one
spouse.
6.13.220
Notice of application for order.
6.13.230
Petition.
6.13.240
Order—Effect.
Lien for assessments in favor of condominium association: RCW
64.34.364(2).
6.13.010 Homestead, what constitutes—"Owner,"
"net value" defined. (1) The homestead consists of real or
personal property that the owner uses as a residence. In the
case of a dwelling house or mobile home, the homestead
[Title 6 RCW—page 2]
6.13.020 Homestead—What may constitute. If the
owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate
property of either spouse: PROVIDED, That the same
premises may not be claimed separately by the husband and
wife with the effect of increasing the net value of the
homestead available to the marital community beyond the
amount specified in RCW 6.13.030 as now or hereafter
amended. When the owner is not married, the homestead
may consist of any of his or her property. [1987 c 442 §
202; 1981 c 329 § 8; 1977 ex.s. c 98 § 1; 1973 1st ex.s. c
154 § 6; 1895 c 64 § 2; RRS § 530. Formerly RCW
6.12.020.]
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
6.13.030 Homestead exemption limited. A homestead may consist of lands, as described in RCW 6.13.010,
regardless of area, but the homestead exemption amount
shall not exceed the lesser of (1) the total net value of the
lands, mobile home, improvements, and other personal
property, as described in RCW 6.13.010, or (2) the sum of
forty thousand dollars in the case of lands, mobile home, and
improvements, or the sum of fifteen thousand dollars in the
case of other personal property described in RCW 6.13.010,
except where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to
satisfy a judgment in favor of any state for failure to pay
that state’s income tax on benefits received while a resident
of the state of Washington from a pension or other retirement plan, in which event there shall be no dollar limit on
the value of the exemption. [1999 c 403 § 4; 1993 c 200 §
2; 1991 c 123 § 2; 1987 c 442 § 203; 1983 1st ex.s. c 45 §
4; 1981 c 329 § 10; 1977 ex.s. c 98 § 3; 1971 ex.s. c 12 §
1; 1955 c 29 § 1; 1945 c 196 § 3; 1895 c 64 § 24; Rem.
Supp. 1945 § 552. Formerly RCW 6.12.050.]
(2002 Ed.)
Homesteads
Purpose—1991 c 123: "The legislature recognizes that retired
persons generally are financially dependent on fixed pension or retirement
benefits and passive income from investment property. Because of this
dependency, retired persons are more vulnerable than others to inflation and
depletion of their assets. It is the purpose of this act to increase the
protection of income of retired persons residing in the state of Washington
from collection of income taxes imposed by other states." [1991 c 123 §
1.]
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1971 ex.s. c 12: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 12 § 5.]
6.13.040 Automatic homestead exemption—
Conditions—Declaration of homestead—Declaration of
abandonment. (1) Property described in RCW 6.13.010
constitutes a homestead and is automatically protected by the
exemption described in RCW 6.13.070 from and after the
time the real or personal property is occupied as a principal
residence by the owner or, if the homestead is unimproved
or improved land that is not yet occupied as a homestead,
from and after the declaration or declarations required by the
following subsections are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and
located on land not owned by the owner of the mobile home,
from and after delivery of a declaration as prescribed in
RCW 6.15.060(3)(c) or, if the homestead is any other personal property, from and after the delivery of a declaration
as prescribed in RCW 6.15.060(3)(d).
(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a
homestead must execute a declaration of homestead and file
the same for record in the office of the recording officer in
the county in which the land is located. However, if the
owner also owns another parcel of property on which the
owner presently resides or in which the owner claims a
homestead, the owner must also execute a declaration of
abandonment of homestead on that other property and file
the same for record with the recording officer in the county
in which the land is located.
(3) The declaration of homestead must contain:
(a) A statement that the person making it is residing on
the premises or intends to reside thereon and claims them as
a homestead;
(b) A legal description of the premises; and
(c) An estimate of their actual cash value.
(4) The declaration of abandonment must contain:
(a) A statement that premises occupied as a residence or
claimed as a homestead no longer constitute the owner’s
homestead;
(b) A legal description of the premises; and
(c) A statement of the date of abandonment.
(5) The declaration of homestead and declaration of
abandonment of homestead must be acknowledged in the
same manner as a grant of real property is acknowledged.
[1993 c 200 § 3; 1987 c 442 § 204; 1981 c 329 § 9.
Formerly RCW 6.12.045.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.050 Homestead presumed abandoned, when—
Declaration of nonabandonment. A homestead is presumed abandoned if the owner vacates the property for a
(2002 Ed.)
6.13.030
continuous period of at least six months. However, if an
owner is going to be absent from the homestead for more
than six months but does not intend to abandon the homestead, and has no other principal residence, the owner may
execute and acknowledge, in the same manner as a grant of
real property is acknowledged, a declaration of
nonabandonment of homestead and file the declaration for
record in the office of the recording officer of the county in
which the property is situated.
The declaration of nonabandonment of homestead must
contain:
(1) A statement that the owner claims the property as a
homestead, that the owner intends to occupy the property in
the future, and that the owner claims no other property as a
homestead;
(2) A statement of where the owner will be residing
while absent from the homestead property, the estimated
duration of the owner’s absence, and the reason for the
absence; and
(3) A legal description of the homestead property.
[1987 c 442 § 205; 1981 c 329 § 14; 1895 c 64 § 7; RRS §
535. Formerly RCW 6.12.120.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.060 Conveyance or encumbrance by husband
and wife. The homestead of a married person cannot be
conveyed or encumbered unless the instrument by which it
is conveyed or encumbered is executed and acknowledged
by both husband and wife, except that a husband or a wife
or both jointly may make and execute powers of attorney for
the conveyance or encumbrance of the homestead. [1987 c
442 § 206; 1983 c 251 § 1; 1895 c 64 § 6; RRS § 534.
Formerly RCW 6.12.110.]
Husband and wife, property: Chapter 26.16 RCW.
6.13.070 Homestead exempt from execution,
when—Presumed valid. (1) Except as provided in RCW
6.13.080, the homestead is exempt from attachment and from
execution or forced sale for the debts of the owner up to the
amount specified in RCW 6.13.030. The proceeds of the
voluntary sale of the homestead in good faith for the purpose
of acquiring a new homestead, and proceeds from insurance
covering destruction of homestead property held for use in
restoring or replacing the homestead property, up to the
amount specified in RCW 6.13.030, shall likewise be exempt
for one year from receipt, and also such new homestead
acquired with such proceeds.
(2) Every homestead created under this chapter is
presumed to be valid to the extent of all the property
claimed exempt, until the validity thereof is contested in a
court of general jurisdiction in the county or district in which
the homestead is situated. [1987 c 442 § 207; 1981 c 329
§ 13; 1945 c 196 § 2; 1927 c 193 § 2; 1895 c 64 § 4; Rem.
Supp. 1945 § 532. Formerly RCW 6.12.090.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.080 Homestead exemption, when not available.
The homestead exemption is not available against an
execution or forced sale in satisfaction of judgments obtained:
[Title 6 RCW—page 3]
6.13.080
Title 6 RCW: Enforcement of Judgments
(1) On debts secured by mechanic’s, laborer’s, construction, maritime, automobile repair, materialmen’s or vendor’s
liens arising out of and against the particular property
claimed as a homestead;
(2) On debts secured (a) by security agreements describing as collateral the property that is claimed as a homestead
or (b) by mortgages or deeds of trust on the premises that
have been executed and acknowledged by the husband and
wife or by any unmarried claimant;
(3) On one spouse’s or the community’s debts existing
at the time of that spouse’s bankruptcy filing where (a)
bankruptcy is filed by both spouses within a six-month
period, other than in a joint case or a case in which their assets are jointly administered, and (b) the other spouse
exempts property from property of the estate under the
bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d);
(4) On debts arising from a lawful court order or decree
or administrative order establishing a child support obligation
or obligation to pay spousal maintenance; or
(5) On debts secured by a condominium’s or homeowner association’s lien. In order for an association to be
exempt under this provision, the association must have
provided a homeowner with notice that nonpayment of the
association’s assessment may result in foreclosure of the
association lien and that the homestead protection under this
chapter shall not apply. An association has complied with
this notice requirement by mailing the notice, by first class
mail, to the address of the owner’s lot or unit. The notice
required in this subsection shall be given within thirty days
from the date the association learns of a new owner, but in
all cases the notice must be given prior to the initiation of a
foreclosure. The phrase "learns of a new owner" in this
subsection means actual knowledge of the identity of a
homeowner acquiring title after June 9, 1988, and does not
require that an association affirmatively ascertain the identity
of a homeowner. Failure to give the notice specified in this
subsection affects an association’s lien only for debts
accrued up to the time an association complies with the
notice provisions under this subsection. [1993 c 200 § 4.
Prior: 1988 c 231 § 3; 1988 c 192 § 1; 1987 c 442 § 208;
1984 c 260 § 16; 1982 c 10 § 1; prior: 1981 c 304 § 17;
1981 c 149 § 1; 1909 c 44 § 1; 1895 c 64 § 5; RRS § 533.
Formerly RCW 6.12.100.]
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1984 c 260: See RCW 26.18.900.
Severability—1982 c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 10 § 19.]
Severability—1981 c 304: See note following RCW 26.16.030.
6.13.090 Judgment against homestead owner—Lien
on excess value of homestead property. A judgment
against the owner of a homestead shall become a lien on the
value of the homestead property in excess of the homestead
exemption from the time the judgment creditor records the
judgment with the recording officer of the county where the
property is located. However, if a judgment of a district
court of this state has been transferred to a superior court,
the judgment becomes a lien from the time of recording with
such recording officer a duly certified abstract of the record
of such judgment as it appears in the office of the clerk in
[Title 6 RCW—page 4]
which the transfer was originally filed. [1988 c 231 § 4;
1987 c 442 § 209; 1984 c 260 § 30. Formerly RCW
6.12.105.]
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1984 c 260: See RCW 26.18.900.
6.13.100 Execution against homestead—Application
for appointment of appraiser. When execution for the
enforcement of a judgment obtained in a case not within the
classes enumerated in RCW 6.13.080 is levied upon the
homestead, the judgment creditor shall apply to the superior
court of the county in which the homestead is situated for
the appointment of a person to appraise the value thereof.
[1987 c 442 § 210; 1895 c 64 § 9; RRS § 537. Formerly
RCW 6.12.140.]
6.13.110 Application under RCW 6.13.100 must be
made by verified petition—Contents. The application
under RCW 6.13.100 must be made by filing a verified
petition, showing:
(1) The fact that an execution has been levied upon the
homestead.
(2) The name of the owner of the homestead property.
(3) That the net value of the homestead exceeds the
amount of the homestead exemption. [1987 c 442 § 211;
1981 c 329 § 15; 1895 c 64 § 10; RRS § 538. Formerly
RCW 6.12.150.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.120 Notice. A copy of the petition, with a notice
of the time and place of hearing, must be served upon the
owner and the owner’s attorney of record, if any, at least ten
days before the hearing. [1987 c 442 § 212; 1981 c 329 §
16; 1895 c 64 § 12; RRS § 540. Formerly RCW 6.12.170.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.130 Hearing—Appointment of appraiser. At
the hearing, the judge may, upon the proof of the service of
a copy of the petition and notice and of the facts stated in
the petition, appoint a disinterested qualified person of the
county to appraise the value of the homestead. [1987 c 442
§ 213; 1984 c 118 § 1; 1895 c 64 § 13; RRS § 541.
Formerly RCW 6.12.180.]
Compensation of appraiser: RCW 6.13.190.
6.13.140 Appraiser—Oath—Duties. The person
appointed, before entering upon the performance of duties,
must take an oath to faithfully perform the same. The
appraiser must view the premises and appraise the market
value thereof and, if the appraised value, less all liens and
encumbrances, exceeds the homestead exemption, must
determine whether the land claimed can be divided without
material injury. Within fifteen days after appointment, the
appraiser must make to the court a report in writing, which
report must show the appraised value, less liens and encumbrances, and, if necessary, the determination whether or not
the land can be divided without material injury and without
violation of any governmental restriction. [1987 c 442 §
214; 1895 c 64 § 14; RRS § 542. Formerly RCW 6.12.190.]
(2002 Ed.)
Homesteads
6.13.150
6.13.150 Division of homestead. If, from the report,
it appears to the court that the value of the homestead, less
liens and encumbrances senior to the judgment being
executed upon and not including the judgment being executed upon, exceeds the homestead exemption and the property
can be divided without material injury and without violation
of any governmental restriction, the court may, by an order,
direct the appraiser to set off to the owner so much of the
land, including the residence, as will amount in net value to
the homestead exemption, and the execution may be enforced against the remainder of the land. [1999 c 403 § 2;
1987 c 442 § 215; 1981 c 329 § 17; 1895 c 64 § 17; RRS
§ 545. Formerly RCW 6.12.220.]
6.13.210 Alienation in case of incompetency or
disability of one spouse. In case of a homestead, if either
the husband or wife shall be or become incompetent or
disabled to such a degree that he or she is unable to assist in
the management of his or her interest in the marital property
and no guardian has been appointed, upon application of the
other spouse to the superior court of the county in which the
homestead is situated, and upon due proof of such incompetency or disability in the severity required above, the court
may make an order permitting the husband or wife applying
to the court to sell and convey or mortgage such homestead.
[1987 c 442 § 221; 1977 ex.s. c 80 § 4; 1895 c 64 § 26;
RRS § 554. Formerly RCW 6.12.300.]
Severability—1981 c 329: See note following RCW 6.21.020.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
6.13.160 Sale, if not divisible. If, from the report, it
appears to the court that the appraised value of the homestead property, less liens and encumbrances senior to the
judgment being executed upon and not including the judgment being executed upon, exceeds the amount of the
homestead exemption and the property is not divided, the
court must make an order directing its sale under the
execution. The order shall direct that at such sale no bid
may be received unless it exceeds the amount of the homestead exemption. [1999 c 403 § 3; 1987 c 442 § 216; 1981
c 329 § 18; 1895 c 64 § 18; RRS § 546. Formerly RCW
6.12.230.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.170 Application of proceeds. If the sale is
made, the proceeds must be applied in the following order:
First, to the amount of the homestead exemption, to be paid
to the judgment debtor; second, up to the amount of the
execution, to be applied to the satisfaction of the execution;
third, the balance to be paid to the judgment debtor. [1987
c 442 § 217; 1981 c 329 § 19; 1895 c 64 § 20; RRS § 548.
Formerly RCW 6.12.250.]
Severability—1981 c 329: See note following RCW 6.21.020.
6.13.180 Money from sale protected. The money
paid to the owner is entitled to the same protection against
legal process and the voluntary disposition of the husband or
wife which the law gives to the homestead. [1987 c 442 §
218; 1981 c 329 § 20; 1973 1st ex.s. c 154 § 10; 1895 c 64
§ 21; RRS § 549. Formerly RCW 6.12.260.]
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
6.13.190 Appraiser—Compensation. The court shall
determine a reasonable compensation for the appraiser.
[1987 c 442 § 219; 1984 c 118 § 2; 1895 c 64 § 22; RRS §
550. Formerly RCW 6.12.270.]
6.13.200 Costs. The execution creditor must pay the
costs of these proceedings in the first instance; but in the
cases provided for in RCW 6.13.150 and 6.13.160 the
amount so paid must be added as costs on execution, and
collected accordingly. [1987 c 442 § 220; 1895 c 64 § 23;
RRS § 551. Formerly RCW 6.12.280.]
(2002 Ed.)
6.13.220 Notice of application for order. Notice of
the application for such order shall be given by publication
of the same in a newspaper published in the county in which
such homestead is situated, if there be a newspaper published therein, once each week for three successive weeks
prior to the hearing of such application, and a copy of such
notice shall be served upon the alleged incompetent husband
or wife personally, and upon the nearest relative of such
incompetent or disabled husband or wife other than the
applicant, resident in this state, at least three weeks prior to
such application being heard, and in case there be no such
relative known to the applicant, a copy of such notice shall
be served upon the prosecuting attorney of the county in
which such homestead is situated; and it is hereby made the
duty of such prosecuting attorney, upon being served with a
copy of such notice, to appear in court and see that such
application is made in good faith, and that the proceedings
thereon are fairly conducted. [1987 c 442 § 222; 1977 ex.s.
c 80 § 5; 1895 c 64 § 27; RRS § 555. Formerly RCW
6.12.310.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
6.13.230 Petition. Thirty days before the hearing of
any application under the provisions of this chapter, the
applicant shall present and file in the court in which such
application is to be heard a petition for the order mentioned,
subscribed and sworn to by the applicant, setting forth the
name and age of the alleged incompetent or disabled
husband or wife; a description of the premises constituting
the homestead; the value of the same; the county in which
it is situated; such facts necessary to show that the
nonpetitioning husband or wife is incompetent or disabled to
the degree required under RCW 6.13.210; and such additional facts relating to the circumstances and necessities of
the applicant and his or her family as he or she may rely
upon in support of the petition. [1987 c 442 § 223; 1977
ex.s. c 80 § 6; 1895 c 64 § 28; RRS § 556. Formerly RCW
6.12.320.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
6.13.240 Order—Effect. If the court shall make the
order provided for in RCW 6.13.210, the same shall be
entered upon the minutes of the court, and thereafter any
[Title 6 RCW—page 5]
6.13.240
Title 6 RCW: Enforcement of Judgments
sale, conveyance, or mortgage made in pursuance of such
order shall be as valid and effectual as if the property
affected thereby was the absolute property of the person
making such sale, conveyance, or mortgage in fee simple.
[1987 c 442 § 224; 1895 c 64 § 29; RRS § 557. Formerly
RCW 6.12.330.]
Chapter 6.15
PERSONAL PROPERTY EXEMPTIONS
Sections
6.15.010
6.15.020
Exempt property.
Pension money exempt—Exceptions—Transfer of spouse’s
interest in individual retirement account.
6.15.025
Exemption of pension or retirement plan benefits from execution for judgment for out-of-state income tax.
6.15.030
Insurance money on exempt property exempt.
6.15.035
Exemption of proceeds of life, disability insurance, and
annuities.
6.15.040
Separate property of spouse exempt.
6.15.050
Exemptions under RCW 6.15.010—Limitations on exemptions.
6.15.060
Manner of claiming exemptions—Appraisement—
Appraiser’s fee.
6.15.070
Procedure if value of property claimed exempt exceeds exemptible value.
Exemptions from execution, etc., generally:
cemetery grounds: RCW 68.20.120 and 68.24.220.
child support obligations and earnings of nonobligated spouse: RCW
26.16.200.
crime victims’ compensation: RCW 7.68.070 and 51.32.040.
earnings, amount of exempt from garnishment of employer: RCW
6.27.150.
homesteads: Chapter 6.13 RCW.
incompetents’ property: RCW 11.92.060.
industrial insurance benefits: RCW 51.32.040.
insurance, proceeds of annuity, disability, life and group life: RCW
48.18.400 through 48.18.430.
property exempt from seizure: RCW 6.32.250.
public assistance, benefits, money of recipients in institutions: RCW
74.08.210, 74.13.070.
public retirement, insurance benefits
city employees, statewide system: RCW 41.44.240.
first class cities, personnel and police: RCW 41.28.200, 41.20.180.
fraternal benefit society benefits: RCW 48.36A.180.
judges: RCW 2.10.180, 2.12.090.
law enforcement officers and fire fighters: RCW 41.26.053.
state employees: RCW 41.40.052.
teachers: RCW 41.32.055.
volunteer fire fighters: RCW 41.24.240.
Washington state patrol: RCW 43.43.310.
unemployment compensation benefits: RCW 50.40.020.
work release participants, earnings of: RCW 72.65.060.
6.15.010 Exempt property. Except as provided in
RCW 6.15.050, the following personal property shall be
exempt from execution, attachment, and garnishment:
(1) All wearing apparel of every individual and family,
but not to exceed one thousand dollars in value in furs,
jewelry, and personal ornaments for any individual.
(2) All private libraries of every individual, but not to
exceed fifteen hundred dollars in value, and all family
pictures and keepsakes.
(3) To each individual or, as to community property of
spouses maintaining a single household as against a creditor
of the community, to the community:
(a) The individual’s or community’s household goods,
appliances, furniture, and home and yard equipment, not to
[Title 6 RCW—page 6]
exceed two thousand seven hundred dollars in value for the
individual or five thousand four hundred dollars for the
community, said amount to include provisions and fuel for
the comfortable maintenance of the individual or community;
(b) Other personal property, except personal earnings as
provided under RCW 6.15.050(1), not to exceed two
thousand dollars in value, of which not more than two
hundred dollars in value may consist of cash, and of which
not more than two hundred dollars in value may consist of
bank accounts, savings and loan accounts, stocks, bonds, or
other securities;
(c) For an individual, a motor vehicle used for personal
transportation, not to exceed two thousand five hundred
dollars or for a community two motor vehicles used for
personal transportation, not to exceed five thousand dollars
in aggregate value;
(d) Any past due, current, or future child support paid
or owed to the debtor, which can be traced;
(e) All professionally prescribed health aids for the
debtor or a dependent of the debtor; and
(f) To any individual, the right to or proceeds of a
payment not to exceed sixteen thousand one hundred fifty
dollars on account of personal bodily injury, not including
pain and suffering or compensation for actual pecuniary loss,
of the debtor or an individual of whom the debtor is a
dependent; or the right to or proceeds of a payment in
compensation of loss of future earnings of the debtor or an
individual of whom the debtor is or was a dependent, to the
extent reasonably necessary for the support of the debtor and
any dependent of the debtor. The exemption under this
subsection (3)(f) does not apply to the right of the state of
Washington, or any agent or assignee of the state, as a
lienholder or subrogee under RCW 43.20B.060.
(4) To each qualified individual, one of the following
exemptions:
(a) To a farmer, farm trucks, farm stock, farm tools,
farm equipment, supplies and seed, not to exceed five
thousand dollars in value;
(b) To a physician, surgeon, attorney, clergyman, or
other professional person, the individual’s library, office
furniture, office equipment and supplies, not to exceed five
thousand dollars in value;
(c) To any other individual, the tools and instruments
and materials used to carry on his or her trade for the
support of himself or herself or family, not to exceed five
thousand dollars in value.
For purposes of this section, "value" means the reasonable market value of the debtor’s interest in an article or
item at the time it is selected for exemption, exclusive of all
liens and encumbrances thereon. [2002 c 265 § 1; 1991 c
112 § 1; 1988 c 231 § 5; 1987 c 442 § 301; 1983 1st ex.s.
c 45 § 8; 1979 ex.s. c 65 § 1; 1973 1st ex.s. c 154 § 13;
1965 c 89 § 1; 1886 p 96 § 1; Code 1881 § 347; 1879 p 157
§ 1; 1877 p 73 § 351; 1869 p 87 § 343; 1854 p 178 § 253;
RRS § 563. Formerly RCW 6.16.020.]
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
6.15.020 Pension money exempt—Exceptions—
Transfer of spouse’s interest in individual retirement
(2002 Ed.)
Personal Property Exemptions
account. (1) It is the policy of the state of Washington to
ensure the well-being of its citizens by protecting retirement
income to which they are or may become entitled. For that
purpose generally and pursuant to the authority granted to
the state of Washington under 11 U.S.C. Sec. 522(b)(2), the
exemptions in this section relating to retirement benefits are
provided.
(2) Unless otherwise provided by federal law, any
money received by any citizen of the state of Washington as
a pension from the government of the United States, whether
the same be in the actual possession of such person or be
deposited or loaned, shall be exempt from execution,
attachment, garnishment, or seizure by or under any legal
process whatever, and when a debtor dies, or absconds, and
leaves his or her family any money exempted by this
subsection, the same shall be exempt to the family as
provided in this subsection. This subsection shall not apply
to child support collection actions issued under chapter
26.18, 26.23, or 74.20A RCW, if otherwise permitted by
federal law.
(3) The right of a person to a pension, annuity, or
retirement allowance or disability allowance, or death
benefits, or any optional benefit, or any other right accrued
or accruing to any citizen of the state of Washington under
any employee benefit plan, and any fund created by such a
plan or arrangement, shall be exempt from execution,
attachment, garnishment, or seizure by or under any legal
process whatever. This subsection shall not apply to child
support collection actions issued under chapter 26.18, 26.23,
or 74.20A RCW if otherwise permitted by federal law. This
subsection shall permit benefits under any such plan or
arrangement to be payable to a spouse, former spouse, child,
or other dependent of a participant in such plan to the extent
expressly provided for in a qualified domestic relations order
that meets the requirements for such orders under the plan,
or, in the case of benefits payable under a plan described in
sections 403(b) or 408 of the internal revenue code of 1986,
as amended, or section 409 of such code as in effect before
January 1, 1984, to the extent provided in any order issued
by a court of competent jurisdiction that provides for
maintenance or support. This subsection shall not prohibit
actions against an employee benefit plan, or fund for valid
obligations incurred by the plan or fund for the benefit of the
plan or fund.
(4) For the purposes of this section, the term "employee
benefit plan" means any plan or arrangement that is described in RCW 49.64.020, including any Keogh plan,
whether funded by a trust or by an annuity contract, and in
sections 401(a) or 403(a) of the internal revenue code of
1986, as amended; or that is a tax-sheltered annuity described in section 403(b) of such code or an individual
retirement account described in section 408 of such code; or
a Roth individual retirement account described in section
408A of such code; or a medical savings account described
in section 220 of such code; or an education individual
retirement account described in section 530 of such code; or
a retirement bond described in section 409 of such code as
in effect before January 1, 1984. The term "employee
benefit plan" also means any rights accruing on account of
money paid currently or in advance for purchase of tuition
units under the advanced college tuition payment program in
chapter 28B.95 RCW. The term "employee benefit plan"
(2002 Ed.)
6.15.020
shall not include any employee benefit plan that is established or maintained for its employees by the government of
the United States, by the state of Washington under chapter
2.10, 2.12, 41.26, 41.32, 41.34, 41.35, 41.40 or 43.43 RCW
or RCW 41.50.770, or by any agency or instrumentality of
the government of the United States.
(5) An employee benefit plan shall be deemed to be a
spendthrift trust, regardless of the source of funds, the
relationship between the trustee or custodian of the plan and
the beneficiary, or the ability of the debtor to withdraw or
borrow or otherwise become entitled to benefits from the
plan before retirement. This subsection shall not apply to
child support collection actions issued under chapter 26.18,
26.23, or 74.20A RCW, if otherwise permitted by federal
law. This subsection shall permit benefits under any such
plan or arrangement to be payable to a spouse, former
spouse, child, or other dependent of a participant in such
plan to the extent expressly provided for in a qualified
domestic relations order that meets the requirements for such
orders under the plan, or, in the case of benefits payable
under a plan described in sections 403(b) or 408 of the
internal revenue code of 1986, as amended, or section 409
of such code as in effect before January 1, 1984, to the
extent provided in any order issued by a court of competent
jurisdiction that provides for maintenance or support.
(6) Unless contrary to applicable federal law, nothing
contained in subsection (3), (4), or (5) of this section shall
be construed as a termination or limitation of a spouse’s
community property interest in an individual retirement
account held in the name of or on account of the other
spouse, the account holder spouse. At the death of the
nonaccount holder spouse, the nonaccount holder spouse may
transfer or distribute the community property interest of the
nonaccount holder spouse in the account holder spouse’s
individual retirement account to the nonaccount holder
spouse’s estate, testamentary trust, inter vivos trust, or other
successor or successors pursuant to the last will of the
nonaccount holder spouse or the law of intestate succession,
and that distributee may, but shall not be required to, obtain
an order of a court of competent jurisdiction, including a
nonjudicial dispute resolution agreement entered into
pursuant to *RCW 11.96.170 or other order entered under
chapter 11.96A RCW, to confirm the distribution. For
purposes of subsection (3) of this section, the distributee of
the nonaccount holder spouse’s community property interest
in an individual retirement account shall be considered a person entitled to the full protection of subsection (3) of this
section. The nonaccount holder spouse’s consent to a
beneficiary designation by the account holder spouse with
respect to an individual retirement account shall not, absent
clear and convincing evidence to the contrary, be deemed a
release, gift, relinquishment, termination, limitation, or
transfer of the nonaccount holder spouse’s community
property interest in an individual retirement account. For
purposes of this subsection, the term "nonaccount holder
spouse" means the spouse of the person in whose name the
individual retirement account is maintained. The term
"individual retirement account" includes an individual
retirement account and an individual retirement annuity both
as described in section 408 of the internal revenue code of
1986, as amended, a Roth individual retirement account as
described in section 408A of the internal revenue code of
[Title 6 RCW—page 7]
6.15.020
Title 6 RCW: Enforcement of Judgments
1986, as amended, and an individual retirement bond as
described in section 409 of the internal revenue code as in
effect before January 1, 1984. As used in this subsection, an
order of a court of competent jurisdiction includes an
agreement, as that term is used under RCW 11.96A.220.
[1999 c 81 § 1; 1999 c 42 § 603; 1997 c 20 § 1; 1990 c 237
§ 1; 1989 c 360 § 21; 1988 c 231 § 6. Prior: 1987 c 64 §
1; 1890 p 88 § 1; RRS § 566. Formerly RCW 6.16.030.]
Reviser’s note: *(1) RCW 11.96.170 was repealed by 1999 c 42 §
637, effective January 1, 2000.
(2) This section was amended by 1999 c 42 § 603 and by 1999 c 81
§ 1, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Severability—1990 c 237: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 237 § 2.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.15.025 Exemption of pension or retirement plan
benefits from execution for judgment for out-of-state
income tax. Where a judgment is in favor of any state for
failure to pay that state’s income tax on benefits received
while a resident of the state of Washington from a pension
or other retirement plan, all property in this state, real or
personal, tangible or intangible, of a judgment debtor shall
be exempt from execution, attachment, garnishment, or
seizure by or under any legal process whatever, and when a
debtor dies, or absconds, and leaves his or her spouse and
dependents any property exempted by this section, the same
shall be exempt to the surviving spouse and dependents.
[1991 c 123 § 3.]
Purpose—1991 c 123: See note following RCW 6.13.030.
6.15.030 Insurance money on exempt property
exempt. If property, which by the laws of this state is
exempt from execution, attachment, or garnishment, is
insured and the same is lost, stolen, or destroyed, then the
insurance money coming to or belonging to the person thus
insured, to an amount equal to the exempt property thus
destroyed, shall be exempt from execution, attachment, and
garnishment. [1987 c 442 § 303; 1895 c 76 § 1; RRS § 568.
Formerly RCW 6.16.050.]
6.15.035 Exemption of proceeds of life, disability
insurance, and annuities. See RCW 48.18.400, 48.18.410,
48.18.420, and 48.18.430.
6.15.040 Separate property of spouse exempt. All
real and personal property belonging to any married person
at the time of his or her marriage, and all which he or she
may have acquired subsequently to such marriage, or to
which he or she shall hereafter become entitled in his or her
own right, and all his or her personal earnings, and all the
issues, rents and profits of such real property, shall be
exempt from execution, attachment, and garnishment upon
any liability or judgment against the other spouse, so long as
he or she or any minor heir of his or her body shall be
living: PROVIDED, That the separate property of each
[Title 6 RCW—page 8]
spouse shall be liable for debts owing by him or her at the
time of marriage. [1987 c 442 § 304; 1973 1st ex.s. c 154
§ 14; Code 1881 § 341; 1877 p 71 § 345; 1869 p 85 § 337;
1854 p 178 § 252; RRS § 570. Formerly RCW 6.16.070.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Exemption of nonobligated spouse’s earnings from satisfaction of other
spouse’s child support obligations: RCW 26.16.200.
6.15.050 Exemptions under RCW 6.15.010—
Limitations on exemptions. (1) Wages, salary, or other
compensation regularly paid for personal services rendered
by the debtor claiming the exemption shall not be claimed as
exempt under RCW 6.15.010, but the same may be claimed
as exempt in any bankruptcy or insolvency proceeding to the
same extent as allowed under the statutes relating to garnishments.
(2) No property may be exempt under RCW 6.15.010
from execution, attachment, or garnishment issued upon a
judgment for all or any part of the purchase price of the
property.
(3) No property may be exempt under RCW 6.15.010
from legal process issued upon a judgment for restitution
ordered by a court to be paid for the benefit of a victim of
a criminal act.
(4) No property may be exempt under RCW 6.15.010
from legal process issued upon a judgment for any tax levied
upon such property.
(5) Nothing in this chapter shall be so construed as to
prevent a debtor from creating a security interest in personal
property which might be claimed as exempt, or the enforcement of such security interest against the property.
(6) Nothing in this chapter shall be construed to exempt
personal property of a nonresident of this state or of an
individual who has left or is about to leave this state with
the intention to defraud his or her creditors.
(7) Personal property exemptions are waived by failure
to claim them prior to sale of exemptible property under
execution or, in a garnishment proceeding, within the time
specified in RCW 6.27.160.
(8) Personal property exemptions may not be claimed by
one spouse in a bankruptcy case that is not a joint case or a
joint administration of the estate with the bankruptcy estate
of the other spouse where (a) bankruptcy is filed by both
spouses within a six-month period, and (b) one spouse
exempts property from property of the estate under the
bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d).
(9) No property may be exempt under RCW 6.15.010
from execution, levy, attachment, or garnishment issued by
or on behalf of a child support agency operating under Title
IV-D of the federal social security act or by or on behalf of
any agent or assignee of the child support agency. [2002 c
265 § 2; 1987 c 442 § 305; 1981 c 149 § 2; 1927 c 136 § 1;
Code 1881 § 348; 1877 p 74 § 352; 1869 p 88 § 344; RRS
§ 571. Formerly RCW 6.16.080.]
6.15.060 Manner of claiming exemptions—
Appraisement—Appraiser’s fee. (1) Except as provided in
subsection (2) of this section, property claimed exempt under
RCW 6.15.010 shall be selected by the individual entitled to
the exemption, or by the husband or wife entitled to a
(2002 Ed.)
Personal Property Exemptions
community exemption, in the manner described in subsection
(3) of this section.
(2) If, at the time of seizure under execution or attachment of property exemptible under *RCW 6.15.010(3) (a),
(b), or (c), the individual or the husband or wife entitled to
claim the exemption is not present, then the sheriff or deputy
shall make a selection equal in value to the applicable
exemptions and, if no appraisement is required and no
objection is made by the creditor as permitted under subsection (4) of this section, the officer shall return the same as
exempt by inventory. Any selection made as provided shall
be prima facie evidence (a) that the property so selected is
exempt from execution and attachment, and (b) that the
property so selected is not in excess of the values specified
for the exemptions.
(3)(a) A debtor who claims personal property as exempt
against execution or attachment shall, at any time before
sale, deliver to the officer making the levy a list by separate
items of the property claimed as exempt, together with an
itemized list of all the personal property owned or claimed
by the debtor, including money, bonds, bills, notes, claims
and demands, with the residence of the person indebted upon
the said bonds, bills, notes, claims and demands, and shall
verify such list by affidavit. The officer shall immediately
advise the creditor, attorney, or agent of the exemption claim
and, if no appraisement is required and no objection is made
by the creditor as permitted under subsection (4) of this
section, the officer shall return with the process the list of
property claimed as exempt.
(b) A debtor who claims personal property exempt
against garnishment shall proceed as provided in RCW
6.27.160.
(c) A debtor who claims as a homestead, under chapter
6.13 RCW, a mobile home that is not yet occupied as a
homestead and that is located on land not owned by the
debtor shall claim the homestead as against a specific levy
by delivering to the sheriff who levied on the mobile home,
before sale under the levy, a declaration of homestead that
contains (i) a declaration that the debtor owns the mobile
home, intends to reside therein, and claims it as a homestead, and (ii) a description of the mobile home, a statement
where it is located or was located before the levy, and an
estimate of its actual cash value.
(d) A debtor who claims as a homestead, under RCW
6.13.040, any other personal property, shall at any time
before sale, deliver to the officer making the levy a notice of
claim of homestead in a statement that sets forth the following: (i) The debtor owns the personal property; (ii) the
debtor resides thereon as a homestead; (iii) the debtor’s
estimate of the fair market value of the property; and (iv) the
debtor’s description of the property in sufficient detail for
the officer making the levy to identify the same.
(4)(a) Except as provided in (b) of this subsection, a
creditor, or the agent or attorney of a creditor, who wishes
to object to a claim of exemption shall proceed as provided
in RCW 6.27.160 and shall give notice of the objection to
the officer not later than seven days after the officer’s giving
notice of the exemption claim.
(b) A creditor, or the agent or attorney of the creditor,
who wishes to object to a claim of exemption made to a
levying officer, on the ground that the property claimed
exceeds exemptible value, may demand appraisement. If the
(2002 Ed.)
6.15.060
creditor, or the agent or attorney of the creditor, demands an
appraisement, two disinterested persons shall be chosen to
appraise the property, one by the debtor and the other by the
creditor, agent or attorney, and these two, if they cannot
agree, shall select a third; but if either party fails to choose
an appraiser, or the two fail to select a third, or if one or
more of the appraisers fail to act, the court shall appoint one
or more as the circumstances require. The appraisers shall
forthwith proceed to make a list by separate items, of the
personal property selected by the debtor as exempt, which
they shall decide as exempt, stating the value of each article,
and annexing to the list their affidavit to the following
effect: "We solemnly swear that to the best of our judgment
the above is a fair cash valuation of the property therein described," which affidavit shall be signed by two appraisers
at least, and be certified by the officer administering the
oaths. The list shall be delivered to the officer holding the
execution or attachment and be annexed to and made part of
the return, and the property therein specified shall be exempt
from levy and sale, but the other personal estate of the
debtor shall remain subject to execution, attachment, or
garnishment. Each appraiser shall be entitled to fifteen
dollars or such larger fee as shall be fixed by the court, to be
paid by the creditor if all the property claimed by the debtor
shall be exempt; otherwise to be paid by the debtor.
(c) If, within seven days following the giving of notice
to a creditor of an exemption claim, the officer has received
no notice from the creditor of an objection to the claim or a
demand for appraisement, the officer shall release the
claimed property to the debtor. [1993 c 200 § 5; 1988 c 231
§ 7; 1987 c 442 § 306; 1973 1st ex.s. c 154 § 15; Code
1881 § 349; 1877 p 74 § 353; 1869 p 88 § 346; RRS § 572.
Formerly RCW 6.16.090.]
*Reviser’s note: RCW 6.15.010 was amended by 1991 c 112 § 1
changing subsection (3)(a), (b), and (c) to subsection (3)(a) and (b).
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
6.15.070 Procedure if value of property claimed
exempt exceeds exemptible value. If from an appraisal it
appears that the value of the property claimed exempt,
exclusive of liens and encumbrances, exceeds the exemptible
value and the property is indivisible, the property shall be
put up for sale on execution, but at the sale no bid may be
received unless it exceeds the exempt value. The proceeds
of a sale in excess of the exempt value shall be paid, first,
to the debtor to the extent of the exempt amount; second, up
to the amount of the execution, to the satisfaction of the
execution; third, the balance to be paid to the debtor. A
judgment creditor who is the successful bidder at the sale
must pay the exempt amount in cash. [1987 c 442 § 307.]
Chapter 6.17
EXECUTIONS
Sections
6.17.010
6.17.020
6.17.030
6.17.040
Application of chapter to district courts.
Execution authorized within ten years—Exceptions—Fee—
Recoverable cost.
Execution in name of assignee or personal representative.
Stay of execution—Bond—Time periods.
[Title 6 RCW—page 9]
Chapter 6.17
6.17.050
6.17.060
6.17.070
6.17.080
6.17.090
6.17.100
6.17.110
6.17.120
6.17.130
6.17.140
6.17.150
6.17.160
6.17.170
6.17.180
6.17.190
Title 6 RCW: Enforcement of Judgments
Stay of execution—Judgment against surety on bond if not
paid.
Kinds of execution.
Execution in particular cases.
Enforcement of judgment against local governmental entity.
Property liable to execution.
Affidavit of judgment creditor—Filing required before issuance of writ—Contents.
Form and contents of writ.
Sheriff’s duty on receiving writ—Order of executing writs.
Sheriff’s execution and service of writ—Sale date—Notice
to judgment debtor.
Sheriff’s execution of writ—Satisfaction of judgment—
Proceeds to clerk.
Clerk’s duty on receipt of execution proceeds.
Sheriff’s execution of writ—Manner of levy.
Levy on jointly owned real estate.
Levy on jointly owned personal property.
Retention of property by judgment debtor—On bond or
approval of judgment creditor.
6.17.010 Application of chapter to district courts.
Unless otherwise expressly provided, all provisions of this
chapter governing execution against personal property apply
to proceedings before district courts of this state, but the
district courts shall not have power to issue writs of execution against real property or any interest in real property or
against a vendor’s interest in a real estate contract. [1987 c
442 § 401.]
6.17.020 Execution authorized within ten years—
Exceptions—Fee—Recoverable cost. (1) Except as
provided in subsections (2), (3), and (4) of this section, the
party in whose favor a judgment of a court has been or may
be filed or rendered, or the assignee or the current holder
thereof, may have an execution, garnishment, or other legal
process issued for the collection or enforcement of the judgment at any time within ten years from entry of the judgment or the filing of the judgment in this state.
(2) After July 23, 1989, a party who obtains a judgment
or order of a court or an administrative order entered as
defined in RCW 74.20A.020(6) for accrued child support, or
the assignee or the current holder thereof, may have an
execution, garnishment, or other legal process issued upon
that judgment or order at any time within ten years of the
eighteenth birthday of the youngest child named in the order
for whom support is ordered.
(3) After June 9, 1994, a party in whose favor a
judgment has been filed as a foreign judgment or rendered
pursuant to subsection (1) or (4) of this section, or the
assignee or the current holder thereof, may, within ninety
days before the expiration of the original ten-year period,
apply to the court that rendered the judgment or to the court
where the judgment was filed as a foreign judgment for an
order granting an additional ten years during which an
execution, garnishment, or other legal process may be issued.
If a district court judgment of this state is transcribed to a
superior court of this state, the original district court judgment shall not be extended and any petition under this
section to extend the judgment that has been transcribed to
superior court shall be filed in the superior court within
ninety days before the expiration of the ten-year period of
the date the transcript of the district court judgment was filed
in the superior court of this state. The petitioner shall pay
to the court a filing fee equal to the filing fee for filing the
[Title 6 RCW—page 10]
first or initial paper in a civil action in the court, except in
the case of district court judgments transcribed to superior
court, where the filing fee shall be the fee for filing the first
or initial paper in a civil action in the superior court where
the judgment was transcribed. The order granting the
application shall contain an updated judgment summary as
provided in RCW 4.64.030. The filing fee required under
this subsection shall be included in the judgment summary
and shall be a recoverable cost. The application shall be
granted as a matter of right, subject to review only for
timeliness, factual issues of full or partial satisfaction, or
errors in calculating the judgment summary amounts.
(4) A party who obtains a judgment or order for
restitution, crime victims’ assessment, or other court-ordered
legal financial obligations pursuant to a criminal judgment
and sentence, or the assignee or the current holder thereof,
may execute, garnish, and/or have legal process issued upon
the judgment or order any time within ten years subsequent
to the entry of the judgment and sentence or ten years
following the offender’s release from total confinement as
provided in chapter 9.94A RCW. The clerk of superior
court, or a party designated by the clerk, may seek extension
under subsection (3) of this section for purposes of collection
as allowed under RCW 36.18.190, provided that no filing fee
shall be required.
(5) "Court" as used in this section includes but is not
limited to the United States supreme court, the United States
courts of appeals, the United States district courts, the United
States bankruptcy courts, the Washington state supreme
court, the court of appeals of the state of Washington,
superior courts and district courts of the counties of the state
of Washington, and courts of other states and jurisdictions
from which judgment has been filed in this state under
chapter 6.36 or 6.40 RCW.
(6) The perfection of any judgment lien and the priority
of that judgment lien on property as established by RCW
6.13.090 and chapter 4.56 RCW is not altered by the
extension of the judgment pursuant to the provisions of this
section and the lien remains in full force and effect and does
not have to be rerecorded after it is extended. Continued
perfection of a judgment that has been transcribed to other
counties and perfected in those counties may be accomplished after extension of the judgment by filing with the
clerk of the other counties where the judgment has been filed
either a certified copy of the order extending the judgment
or a certified copy of the docket of the matter where the
judgment was extended.
(7) Except as ordered in RCW 4.16.020 (2) or (3),
chapter 9.94A RCW, or chapter 13.40 RCW, no judgment is
enforceable for a period exceeding twenty years from the
date of entry in the originating court. Nothing in this section
may be interpreted to extend the expiration date of a foreign
judgment beyond the expiration date under the laws of the
jurisdiction where the judgment originated.
(8) The chapter 261, Laws of 2002 amendments to this
section apply to all judgments currently in effect on June 13,
2002, to all judgments extended after June 9, 1994, unless
the judgment has been satisfied, vacated, and/or quashed, and
to all judgments filed or rendered, or both, after June 13,
2002. [2002 c 261 § 1; 1997 c 121 § 1; 1995 c 231 § 4;
1994 c 189 § 1; 1989 c 360 § 3; 1987 c 442 § 402; 1980 c
105 § 4; 1971 c 81 § 26; 1929 c 25 § 2; RRS § 510. Prior:
(2002 Ed.)
Executions
1888 p 94 § 1; Code 1881 § 325; 1877 p 67 § 328; 1869 p
79 § 320; 1854 p 175 § 242. Formerly RCW 6.04.010.]
Rules of court: Cf. CR 58(b), 62(a), and 69(a); JCR 54.
Application—1980 c 105: See note following RCW 4.16.020.
Entry of judgment: RCW 6.01.020.
Execution on part of claim in receiver’s action: RCW 7.60.050.
6.17.030 Execution in name of assignee or personal
representative. When a judgment recovered in any court of
this state has been assigned, execution may issue in the
name of the assignee after the assignment has been recorded
in the execution docket by the clerk of the court in which
the judgment was recovered. When the person in whose
name execution might have issued has died, execution may
issue in the name of the executor, administrator or legal
representative of such deceased person after letters testamentary or of administration or other sufficient proof has been
filed in the cause and recorded in the execution docket by
the clerk of the court in which the judgment was entered.
[1987 c 442 § 403; 1957 c 8 § 2; 1929 c 25 § 7; RRS §
519. Prior: Code 1881 § 334; 1877 p 70 § 338; 1869 p 84
§ 330. Formerly RCW 6.04.070.]
6.17.040 Stay of execution—Bond—Time periods.
In addition to any stay of execution provided by court rule,
stay of execution shall be allowed on judgments of the
courts of this state for the following periods upon the
judgment debtor filing with the clerk of the court in which
the judgment was entered a bond in double the amount of
the judgment and costs, with surety to the satisfaction of the
clerk, conditioned to pay the judgment, interests, costs, and
increased costs, at the expiration of the stay period. If
execution is issued before elapse of the stay period, the
judgment debtor may nevertheless stay execution for the
balance of the period by filing the required bond.
(1) In the supreme court and the court of appeals, the
period of stay, measured from date of entry of judgment,
shall be:
(a) On all sums under five thousand dollars, thirty days;
(b) On all sums over five and under fifteen thousand
dollars, sixty days; and
(c) On all sums over fifteen thousand dollars, ninety
days.
(2) On judgments rendered in the superior court or a
district court of this state, the period of stay shall be:
(a) On all sums under three thousand dollars, two
months;
(b) On all sums over three thousand and under ten
thousand dollars, five months; and
(c) On all sums over ten thousand dollars, six months.
[1987 c 442 § 404.]
Rules of court: Cf. CR 62(a).
6.17.050 Stay of execution—Judgment against
surety on bond if not paid. If execution of a judgment is
stayed as permitted by RCW 6.17.040 and the judgment is
not satisfied at expiration of the stay period, at any time
thereafter the judgment creditor may, upon motion supported
by an affidavit that the judgment or any part of it is unpaid
and stating how much still remains due, have judgment
against the surety on the bond for the balance remaining due,
(2002 Ed.)
6.17.020
and have an execution on the judgment against the surety, on
which stay shall not be allowed. [1987 c 442 § 405.]
6.17.060 Kinds of execution. There shall be three
kinds of executions: First, against the property of the
judgment debtor; second, for the delivery of the possession
of real or personal property or such delivery with damages
for withholding the same; and third, commanding the
enforcement of or obedience to any other order of the court.
In all cases there shall be an order to collect the costs.
[1987 c 442 § 406; 1929 c 25 § 3; RRS § 511. Prior: Code
1881 § 327; 1877 p 68 § 331; 1854 p 176 § 244. Formerly
RCW 6.04.020.]
6.17.070 Execution in particular cases. When any
judgment of a court of this state requires the payment of
money or the delivery of real or personal property, it may be
enforced by execution. When a judgment of a court of record requires the performance of any other act, a certified
copy of the judgment may be served on the party against
whom it is given or the person or officer who is required by
the judgment or by law to obey the same, and a writ may be
issued commanding the person or officer to obey or enforce
the judgment. Refusal to do so may be punished by the
court as for contempt. [1987 c 442 § 407; 1957 c 8 § 1;
1929 c 25 § 1; RRS § 512. Prior: Code 1881 § 326; 1877
p 68 § 330; 1854 p 176 § 244. Formerly RCW 6.04.030.]
6.17.080 Enforcement of judgment against local
governmental entity. No execution may issue for collection
of a judgment for the recovery of money or damages against
a local governmental entity. Any such judgment may be enforced as follows:
(1) The judgment creditor may at any time when
execution might issue on a like judgment against a private
person, and after acknowledging satisfaction of the judgment
as in ordinary cases, obtain from the clerk a certified
transcript of the judgment. The clerk shall include in the
transcript a copy of the memorandum of acknowledgment of
satisfaction and the entry thereof as the basis for an order on
the treasurer for payment. Unless the transcript contains
such memorandum, no order upon the treasurer shall issue
thereon.
(2) The judgment creditor shall present the certified
transcript showing satisfaction of the judgment to the officer
of the local governmental entity who is authorized to draw
orders on its treasury.
(3) The officer shall draw an order on the treasurer for
the amount of the judgment, in favor of the judgment
creditor. The order shall be presented for payment and paid
with like effect and in like manner as other orders upon the
treasurer. If the proper officer of the local governmental
entity fails or refuses to draw the order for payment of the
judgment as provided in this section, a writ of mandamus
may be issued in the original case to compel performance of
the duty.
(4) As used in this section, the term "local governmental
entity" means a county, city, town, special district, municipal
corporation, or quasi-municipal corporation. [1993 c 449 §
6; 1987 c 442 § 408; Code 1881 § 664; 1877 p 137 § 667;
1869 p 154 § 604; RRS § 953. Formerly RCW 6.04.140.]
[Title 6 RCW—page 11]
6.17.080
Title 6 RCW: Enforcement of Judgments
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
6.17.090 Property liable to execution. All property,
real and personal, of the judgment debtor that is not exempted by law is liable to execution. [1987 c 442 § 409; 1929
c 25 § 6; RRS § 518. Prior: Code 1881 § 333; 1877 p 70
§ 337; 1854 p 177 § 251. Formerly RCW 6.04.060.]
6.17.100 Affidavit of judgment creditor—Filing
required before issuance of writ—Contents. (1) Before a
writ of execution may issue on any real property, the
judgment creditor must file with the court an affidavit as
described in subsection (4) of this section and must mail a
copy of the affidavit to the judgment debtor at the debtor’s
last known address.
(2) If the affidavit attests that the premises are occupied
or otherwise claimed as a homestead by the judgment debtor,
the execution for the enforcement of a judgment obtained in
a case not within the classes enumerated in RCW 6.13.080
must comply with RCW 6.13.100 through 6.13.170.
(3) The term "due diligence," as used in subsection (4)
of this section, includes but is not limited to the creditor or
the creditor’s representative personally visiting the premises,
contacting the occupants and inquiring about their relationship to the judgment debtor, contacting immediate neighbors
of the premises, and searching the records of the auditor of
the county in which the property is located to determine if
a declaration of homestead or nonabandonment has been
recorded by the judgment debtor. An examination of the
debtor in supplemental proceedings on the points to be
covered in the affidavit constitutes "due diligence."
(4) The affidavit required by this section shall include:
(a) A statement that the judgment creditor has exercised
due diligence to ascertain whether the judgment debtor has
sufficient nonexempt personal property to satisfy the judgment with interest and believes that there is not sufficient
nonexempt personal property belonging to the judgment
debtor to so satisfy the judgment. A list of personal property located shall be attached with an indication of any items
that the judgment creditor believes to be exempt.
(b) A statement that the judgment creditor has exercised
due diligence to ascertain whether the property is occupied
or otherwise claimed by the judgment debtor as a homestead
as defined in chapter 6.13 RCW.
(c) A statement based on belief whether the judgment
debtor is currently occupying the property as the judgment
debtor’s principal residence and whether there is a declaration of homestead or nonabandonment of record. If the
affidavit alleges that the property is not occupied or claimed
as a homestead, the creditor must list the facts relied upon
to reach that conclusion.
(d) If the judgment debtor is not occupying the property
and there is no declaration of nonabandonment of record, a
statement based on belief whether the judgment debtor has
been absent for a period of at least six months, with facts
relied upon to reach that conclusion, and, if known, the
judgment debtor’s current address. [1988 c 231 § 8; 1987
c 442 § 410; 1981 c 329 § 4. Formerly RCW 6.04.035.]
6.17.110 Form and contents of writ. (1) The writ of
execution shall be issued in the name of the state of Washington, sealed with the seal of the court, and subscribed by
the clerk of the court in which the judgment was entered or
to which it has been transferred, and shall be directed to the
sheriff of the county in which the property is situated. The
writ shall intelligibly refer to the judgment, stating the court,
the county where the judgment was rendered, the names of
the parties, the amount of the judgment if it be for money,
and the amount actually due thereon; and if the judgment has
been recorded, the writ shall so indicate and shall state the
recording number.
(2) Before an execution is delivered on a judgment of
a district court of this state, the amount of the judgment, or
damages and costs, and the fees due to each person separately shall be entered in the docket and on the back of the
execution. In any proceeding to enforce a judgment certified
to a district court from the small claims department under
RCW 12.40.110, the execution shall include the amount of
the judgment owed plus reasonable costs and reasonable
attorneys’ fees incurred by the judgment creditor in seeking
enforcement of the judgment in district court.
(3) A writ shall require substantially as follows:
(a) If the execution is against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of the debtor unless an
affidavit has been filed with the court pursuant to RCW
6.17.100, in which case it shall require that the judgment be
satisfied out of the real property of the debtor.
(b) If the execution is against real or personal property
in the hands of a personal representative, heir, devisee,
legatee, tenant of real property, or trustee, it shall require the
officer to satisfy the judgment out of such property.
(c) If the execution is for the delivery of real or personal property, it shall particularly describe the property and
state its value and require the officer to deliver possession of
it to the party entitled thereto, and may, at the same time,
require the officer to satisfy any charges, damages, or rents
and profits recovered by the same judgment, out of the
personal property of the party against whom it was rendered.
If the property described in the execution cannot be delivered, and if sufficient personal property cannot be found to
satisfy the judgment, it shall be satisfied out of the real property of the party against whom the judgment was rendered.
(d) If the execution is to enforce obedience to any order,
it shall particularly command what is required to be done or
to be omitted.
(e) If the nature of the case requires it, the execution
may embrace two or more of the requirements of this
section.
(f) In all cases the execution shall require the collection
of all interest, costs, and increased costs thereon. [1988 c
231 § 9; 1987 c 442 § 411; 1981 c 329 § 5; 1929 c 25 § 4;
RRS § 513. Prior: Code 1881 § 324; 1877 p 68 § 332;
1869 p 81 § 324; 1854 p 176 § 246. Formerly RCW
6.04.040.]
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1981 c 329: See note following RCW 6.21.020.
[Title 6 RCW—page 12]
(2002 Ed.)
Executions
6.17.120 Sheriff’s duty on receiving writ—Order of
executing writs. The sheriff or other officer shall indorse
upon the writ of execution in ink, the day, hour, and minute
when the writ first came into his or her hands, and the
execution shall be returned with a report of proceedings
under the writ within sixty days after its date to the clerk
who issued it. When there are several writs of execution or
of execution and attachment against the same debtor, they
shall be executed in the order in which they were received
by the sheriff. [1987 c 442 § 412; 1983 1st ex.s. c 45 § 1;
1929 c 25 § 5; RRS § 515. Prior: Code 1881 § 330; 1877
p 69 § 334; 1869 p 83 § 226; 1854 p 177 § 248. Formerly
RCW 6.04.050.]
6.17.130 Sheriff’s execution and service of writ—
Sale date—Notice to judgment debtor. When the writ of
execution is against the property of the judgment debtor, the
sheriff shall set the date of sale and serve on the debtor, in
the same manner as service of a summons in a civil action,
or cause to be transmitted by both regular mail and certified
mail, return receipt requested, a copy of the writ, together
with copies of RCW 6.13.010, 6.13.030, and 6.13.040 if real
property is to be levied on, or copies of RCW 6.15.010 and
6.15.060 if personal property is to be levied on, and shall at
the time of service, or with the mailing, notify the judgment
debtor of the date of sale. If service on the judgment debtor
must be effected by publication, only the following notice
need be published under the caption of the case:
To . . . . . ., Judgment Debtor:
A writ of execution has been issued in the abovecaptioned case, directed to the sheriff of . . . . . .
county, commanding the sheriff as follows:
"WHEREAS, . . . [Quoting body of writ of execution]."
The sale date has been set for . . . . . . . YOU
MAY HAVE A RIGHT TO EXEMPT PROPERTY
from the sale under statutes of this state, including
sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and
6.15.060 of the Revised Code of Washington, in
the manner described in those statutes.
[1988 c 231 § 10; 1987 c 442 § 413; 1984 c 276 § 7; 1983
c 3 § 6; 1981 c 193 § 1; Code 1881 § 355; 1877 p 76 § 358;
1869 p 91 § 351; RRS § 578. Formerly RCW 6.04.100.]
Rules of court: CR 4.
Severability—1988 c 231: See note following RCW 6.01.050.
Application—1984 c 276: See note following RCW 6.21.020.
6.17.140 Sheriff’s execution of writ—Satisfaction of
judgment—Proceeds to clerk. The sheriff shall, at a time
as near before or after service of the writ on, or mailing of
the writ to, the judgment debtor as is possible, execute the
writ as follows:
(1) If property has been attached, the sheriff shall
indorse on the execution, and pay to the clerk forthwith, if
he or she has not already done so, the amount of the
proceeds of sales of perishable property or debts due the
defendant previously received, sufficient to satisfy the
judgment.
(2002 Ed.)
6.17.120
(2) If the judgment is not then satisfied, and property
has been attached and remains in custody, the sheriff shall
sell the same, or sufficient thereof to satisfy the judgment.
When property has been attached and it is probable that such
property will not be sufficient to satisfy the judgment, the
sheriff may, on instructions from the judgment creditor, levy
on other property of the judgment debtor without delay.
(3) If then any portion of the judgment remains unsatisfied, or if no property has been attached or the same has
been discharged, the sheriff shall levy on the property of the
judgment debtor, sufficient to satisfy the judgment, in the
manner described in RCW 6.17.160.
(4) If, after the judgment is satisfied, any property
remains in custody, the sheriff shall deliver it to the judgment debtor.
(5) Until a levy, personal property shall not be affected
by the execution.
(6) When property has been sold or debts received on
execution, the sheriff shall pay the proceeds to the clerk who
issued the writ, for satisfaction of the judgment as commanded in the writ or for return of any excess proceeds to the
judgment debtor. No sheriff or other officer may retain any
moneys collected on execution more than twenty days before
paying the same to the clerk of the court who issued the
writ. [1988 c 231 § 11; 1987 c 442 § 414.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.17.150 Clerk’s duty on receipt of execution
proceeds. Upon receipt of proceeds from the sheriff on
execution, the clerk shall notify the party to whom the same
is payable, and pay over the amount to that party as required
by law. If any proceeds remain after satisfaction of the
judgment, the clerk shall pay the excess to the judgment
debtor. [1987 c 442 § 415.]
6.17.160 Sheriff’s execution of writ—Manner of
levy. The sheriff to whom the writ is directed and delivered
shall execute the same without delay as follows:
(1) Real property, including a vendee’s interests under
a real estate contract, shall be levied on by recording a copy
of the writ, together with a description of the property
attached, with the recording officer of the county in which
the real estate is situated.
(2) Personal property, capable of manual delivery, shall
be levied on by taking into custody.
(3) Shares of stock and other investment securities shall
be levied on in accordance with the requirements of *RCW
62A.8-317.
(4) A fund in court shall be levied on by leaving a copy
of the writ with the clerk of the court with notice in writing
specifying the fund.
(5) A franchise granted by a public or quasi-public
corporation shall be levied on by (a) serving a copy of the
writ on, or mailing it to, the judgment debtor as required by
RCW 6.17.130 and (b) filing a copy of the writ in the office
of the auditor of the county in which the franchise was
granted together with a notice in writing that the franchise
has been levied on to be sold, specifying the time and place
of sale, the name of the owner, the amount of the judgment
for which the franchise is to be sold, and the name of the
judgment creditor.
[Title 6 RCW—page 13]
6.17.160
Title 6 RCW: Enforcement of Judgments
(6) A vendor’s interest under a real estate contract shall
be levied on by (a) recording a copy of the writ, with
descriptions of the contract and of the real property covered
by the contract, with the recording officer of the county in
which the real estate is located and (b) serving a copy of the
writ, with a copy of the descriptions, on, or mailing the same
to, the judgment debtor and the vendee under the contract in
the manner as described in RCW 6.17.130.
(7) Other intangible personal property may be levied on
by serving a copy of the writ on, or mailing it to, the
judgment debtor in the manner as required by RCW
6.17.130, together with a description of the property. If the
property is a claim on which suit has been commenced, a
copy of the writ and of the description shall also be filed
with the clerk of the court in which the suit is pending.
[1988 c 231 § 12; 1987 c 442 § 416; 1927 c 100 § 1; 1886
p 42 § 13; RRS § 659. Prior: Code 1881 §§ 174-192; 1877
pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47;
1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162.
Formerly RCW 7.12.130.]
*Reviser’s note: RCW 62A.8-317 was repealed by 1995 c 48 § 52.
Severability—1988 c 231: See note following RCW 6.01.050.
Sheriff’s fees for service of process and other official services: RCW
36.18.040.
6.17.170 Levy on jointly owned real estate. If a
judgment debtor owns real estate jointly or in common with
any other person, only the debtor’s interest may be levied on
and sold on execution, and the sheriff’s notice of sale shall
describe the extent of the debtor’s interest to be sold as
accurately as possible. [1987 c 442 § 417.]
6.17.180 Levy on jointly owned personal property.
When a judgment debtor owns personal property jointly or
in common with any other person, only the debtor’s interest
may be levied on and sold on execution, and the sheriff’s
notice of sale shall describe the extent of the debtor’s
interest as accurately as possible.
If the debtor’s interest cannot be separately levied on,
the sheriff shall take possession of the property unless the
other person having an interest gives the sheriff a sufficient
bond, with surety, conditioned to hold and manage the
property according to law; and the sheriff shall then proceed
to sell the interest of the defendant in such property. This
section shall not be construed so as to deprive the joint or
common owner of any interest in the property. [1987 c 442
§ 418; 1957 c 8 § 3; Code 1881 § 752; 1877 p 152 § 757;
1869 p 174 § 694; 1854 p 220 § 499; RRS § 580. Formerly
RCW 6.04.120.]
6.17.190 Retention of property by judgment
debtor—On bond or approval of judgment creditor. (1)
After levy of execution upon personal property, the sheriff
may permit the judgment debtor to retain possession of the
property or any part of it until the day of sale, upon the
debtor executing a written bond to the sheriff with sufficient
surety, in double the value of such property, to the effect
that it shall be delivered to the sheriff at the time and place
of sale, and for nondelivery thereof, an action may be maintained upon such bond by the sheriff or the judgment
creditor, or the judgment creditor may, on motion supported
[Title 6 RCW—page 14]
by affidavit that the property has not been delivered and the
judgment remains unpaid, stating the amount unpaid, have
judgment against the surety on the bond for the balance
remaining due.
(2) In the alternative, the sheriff may appoint the
judgment debtor as an agent to keep the property, without
bond, upon written approval by the judgment creditor. [1988
c 231 § 13; 1987 c 442 § 419; Code 1881 § 358; 1877 p 77
§ 361; 1869 p 92 § 354; 1854 p 182 § 268; RRS § 581.
Formerly RCW 6.04.130.]
Severability—1988 c 231: See note following RCW 6.01.050.
Chapter 6.19
ADVERSE CLAIMS TO PROPERTY LEVIED ON
Sections
6.19.010
6.19.020
6.19.030
6.19.040
6.19.050
6.19.060
Definitions.
Application of chapter—Common law or other remedies not
superseded.
Affidavit of adverse claimant—Bond—Hearing.
Justification of sureties.
Filing of affidavit by sheriff—Designation of parties—Trial.
Judgment—Costs.
6.19.010 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Adverse claimant" means a person, other than the
judgment debtor or defendant, who claims title or right to
possession of property levied on.
(2) "Levying creditor" means the judgment creditor or
plaintiff who obtained the writ of execution or attachment
under which levy was made. [1987 c 442 § 501.]
6.19.020 Application of chapter—Common law or
other remedies not superseded. An adverse claimant may
assert a claim under the procedures provided in this chapter
whether the levy was made under a writ of execution or of
attachment and whether the writ was issued by a superior
court or a district court of this state, but this chapter does
not supersede common law or other remedies available to an
adverse claimant before or after levy or sale. [1987 c 442
§ 502.]
6.19.030 Affidavit of adverse claimant—Bond—
Hearing. (1) An adverse claimant to property levied on
may demand and receive the property from the sheriff who
made the levy, upon making and delivering to the sheriff an
affidavit that the property is owned by the claimant or that
the claimant has a right to the immediate possession thereof,
stating on oath the value thereof, and giving to the sheriff a
bond, with sureties in double the value of such property.
The bond shall be conditioned that the claimant will appear
in the court specified in RCW 6.19.050 after the bond is
accepted by the sheriff, and make good the claim in the
affidavit or will return the property or pay its value to the
sheriff.
(2) Without giving a bond, an adverse claimant who
delivers to the sheriff an affidavit as described in subsection
(1) of this section may, on motion made within seven days
after delivering the affidavit, appear in the court specified in
RCW 6.19.050, with notice to the sheriff and to the attorney
(2002 Ed.)
Adverse Claims to Property Levied On
of record for the levying creditor, if any, otherwise to the
levying creditor, and set a hearing at which the probable
validity of the claim stated in the affidavit can be considered.
If the court, after the hearing, finds that the claim is probably valid, it shall direct the sheriff to release the claimed
property to the claimant; otherwise, the court shall direct the
sheriff to continue to hold the property unless the claimant
gives a bond as provided in subsection (1) of this section.
[1987 c 442 § 503; 1891 c 40 § 1; Code 1881 § 350; 1877
p 75 § 354; 1869 p 89 § 347; 1854 p 179 § 256; RRS § 573.
Formerly RCW 6.20.010.]
6.19.040 Justification of sureties. If the adverse
claimant posts a bond and the sheriff requires it, the sureties
shall justify as in other cases, and in case they do not so
justify when required, the sheriff shall retain the property; if
the sheriff does not require the sureties to justify, he or she
shall stand good for their sufficiency. The sheriff shall date
and indorse acceptance upon the bond. [1987 c 442 § 504;
1957 c 8 § 5; Code 1881 § 351; 1877 p 75 § 354; 1869 p 89
§ 347; 1854 p 179 § 256; RRS § 574. Formerly RCW
6.20.020.]
6.19.050 Filing of affidavit by sheriff—Designation
of parties—Trial. The sheriff shall immediately return the
affidavit of an adverse claimant and the bond and justification, if any, to the office of the clerk of the court that issued
the writ, unless the property was seized in another county,
then to the clerk of the superior court of the county in which
the property was seized or, if the levy was made under a
writ of a district court of this state, then to a district court,
to be selected by the sheriff, in the county in which the
property was seized, and this case shall stand for trial in said
court. The adverse claimant shall be the plaintiff, and the
sheriff and the levying creditor shall be the defendants. The
sheriff or levying creditor or both of them may respond to
the affidavit, but no further pleadings are required, and any
party may cause the matter to be noted for trial. [1987 c
442 § 505; 1891 c 40 § 2; Code 1881 § 352; 1877 p 75 §
355; 1869 p 90 § 348; 1854 p 179 § 257; RRS § 575.
Formerly RCW 6.20.030.]
6.19.060 Judgment—Costs. If the claimant makes
good on all or any part of the claim to title to the property
or right to possession, judgment shall be entered for the
claimant to the extent the claim has been established. If the
claimant has given a bond, the bond shall be canceled or, if
the claimant makes good on only a portion of the claim, a
like proportion of the bond shall be canceled. If the claimant has not given a bond and the sheriff has retained
possession of the property, judgment shall be entered in
favor of the claimant for return of the property or its value.
If the claimant does not maintain the claim, judgment
shall be rendered against the claimant. If the claimant has
retained possession of the property pending trial on the
claim, the judgment shall be entered against the claimant
and, if the claimant has given a bond, against the sureties for
the return of the property or for the value of the property or
of the portion of the property for which the claim is not
maintained, or for such lesser amount as shall not exceed the
amount due on the original execution or attachment.
(2002 Ed.)
6.19.030
When the judgment is in favor of the sheriff for the
entire property, the claimant shall pay the costs; when the
claimant recovers all the property, judgment shall be given
in favor of the claimant for costs; when the claimant
recovers a portion of the property only, the costs shall be
apportioned. When the claimant prevails, the costs may be
taxed against the levying creditor or, if the court finds that
the sheriff attached or levied upon the property without the
exercise of due caution, the court may require the sheriff to
pay the costs or any portion thereof. [1987 c 442 § 506;
Code 1881 § 354; 1877 p 76 § 357; 1869 p 90 § 350; 1854
p 179 § 259; RRS § 577. Formerly RCW 6.20.050.]
Chapter 6.21
SALES UNDER EXECUTION
Sections
6.21.010
6.21.020
6.21.030
6.21.040
6.21.050
6.21.060
6.21.070
6.21.080
6.21.090
6.21.100
6.21.110
6.21.120
6.21.130
Application of chapter to district courts.
Notice of sale—Personal property.
Notice of sale—Real property—Form for publication.
Notice of sale of real property—Form of notice to judgment
debtor.
Time and place of sale—Postponements.
Amount of property to be sold—Officers and deputies may
not purchase.
Manner of sale of personal property—Bill of sale—Sheriff’s
deed if real estate contract.
Redemption rights—Sale of short term leasehold and
vendor’s interest under real estate contract absolute.
Manner of selling real estate—Sale by lot, acre—
Measurement.
Sale of real property to highest bidder—Sheriff’s return and
certificate of sale.
Confirmation of sale—Objections—Resale—Distribution of
sale proceeds—Filing of certificate.
Sheriff’s deed to real property sold.
Effect of reversal of judgment on sale of real property.
6.21.010 Application of chapter to district courts.
All the provisions of this chapter governing sales of personal
property, except vendors’ interests under real estate contracts, shall apply to proceedings before district courts.
[1987 c 442 § 601.]
6.21.020 Notice of sale—Personal property. Before
the sale of personal property under execution, order of sale
or decree, notice thereof shall be given as follows:
(1) The judgment creditor shall, not less than thirty days
prior to the day of sale, cause a copy of the notice of sale to
be transmitted both by regular mail and by certified mail,
return receipt requested, to the judgment debtor at the
debtor’s last known address, and by regular mail to the
attorney of record for the judgment debtor, if any. The
judgment creditor shall file an affidavit with the court
showing compliance with the requirements of this subsection.
(2) The sheriff shall post typed or printed notice of the
time and place of the sale in three public places in the
county in which the sale is to take place, for a period of not
less than four weeks prior to the day of sale. [1988 c 231
§ 14; 1987 c 442 § 602; 1984 c 276 § 1; 1981 c 329 § 1;
1935 c 35 § 1; RRS § 582. Prior: 1927 c 69 § 1; 1903 c
179 § 1; 1899 c 53 § 3; 1897 c 91 § 1. Formerly RCW
6.24.010.]
Severability—1988 c 231: See note following RCW 6.01.050.
[Title 6 RCW—page 15]
6.21.020
Title 6 RCW: Enforcement of Judgments
Application—1984 c 276: "The 1984 amendments to RCW 6.04.100,
6.24.010, 6.24.015, 6.24.100, 6.24.140, 6.24.145, and 6.24.180 shall apply
to all executions under chapter 6.24 RCW commenced after the effective
date of this act [June 7, 1984]." [1984 c 276 § 8.]
Severability—1981 c 329: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 329 § 24.]
6.21.030 Notice of sale—Real property—Form for
publication. Before the sale of real property under execution, order of sale, or decree, notice of the sale shall be
given as follows:
(1) The judgment creditor shall:
(a) Not less than thirty days prior to the date of sale,
cause a copy of the notice in the form provided in RCW
6.21.040 to be (i) served on the judgment debtor or debtors
and each of them in the same manner as a summons in a
civil action, or (ii) transmitted both by regular mail and by
certified mail, return receipt requested, to the judgment
debtor or debtors, and to each of them separately if there is
more than one judgment debtor, at each judgment debtor’s
last known address; and
(b) Not less than thirty days prior to the date of sale,
mail a copy of the notice of sale to the attorney of record for
the judgment debtor, if any; and
(c) File an affidavit with the court that the judgment
creditor has complied with the notice requirements of this
section.
(2) The sheriff shall:
(a) For a period of not less than four weeks prior to the
date of sale, post a notice in the form provided in RCW
6.21.040, particularly describing the property, in two public
places in the county in which the property is located, one of
which shall be at the courthouse door, where the property is
to be sold, and in case of improved real estate, one of which
shall be at the front door of the principal building constituting such improvement; and
(b) Publish a notice of the sale once a week, consecutively, for the same period, in any daily or weekly legal
newspaper of general circulation published in the county in
which the real property to be sold is situated, but if there is
more than one legal newspaper published in the county, then
the plaintiff or moving party in the action, suit, or proceeding has the exclusive right to designate in which of the
qualified newspapers the notice shall be published, and if
there is no qualified legal newspaper published in the county,
then the notice shall be published in a qualified legal
newspaper published in a contiguous county, as designated
by the plaintiff or moving party. The published notice shall
be in substantially the following form:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.
⎫
⎪
⎬
⎪
âŽ
CAUSE NO.
SHERIFF’S PUBLIC
NOTICE OF SALE
OF REAL PROPERTY
TO: [Judgment Debtor]
The Superior Court of . . . . . . County has directed the
undersigned Sheriff of . . . . . . County to sell the property
described below to satisfy a judgment in the above-entitled
action. If developed, the property address is: . . . . . .
The sale of the above-described property is to take place:
Time: . . . . . .
Date: . . . . . .
Place: . . . . . .
The judgment debtor can avoid the sale by paying the
judgment amount of $. . . ., together with interest, costs, and
fees, before the sale date. For the exact amount, contact the
sheriff at the address stated below:
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . . . . . . . .
City . . . . . . . . . .
Washington 9. . . .
Phone (. . .) . . . . . . . . . .
[1987 c 442 § 603.]
6.21.040 Notice of sale of real property—Form of
notice to judgment debtor. The notice of sale shall be
printed or typed and shall be in substantially the following
form, except that if the sale is not pursuant to a judgment of
foreclosure of a mortgage or a statutory lien, the notice shall
also contain a statement that the sheriff has been informed
that there is not sufficient personal property to satisfy the
judgment and that if the judgment debtor or debtors do have
sufficient personal property to satisfy the judgment, the
judgment debtor or debtors should contact the sheriff’s office
immediately:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.
⎫
⎪
⎬
⎪
âŽ
CAUSE NO.
SHERIFF’S NOTICE TO
JUDGMENT DEBTOR OF
SALE OF REAL PROPERTY
TO: [Judgment Debtor]
The Superior Court of . . . . . . County has directed the
undersigned Sheriff of . . . . . . County to sell the property
described below to satisfy a judgment in the above-entitled
action. The property to be sold is described on the reverse
side of this notice. If developed, the property address is:
......
The sale of the above-described property is to take place:
Time: . . . . . .
Date: . . . . . .
Place: . . . . . .
The judgment debtor can avoid the sale by paying the
judgment amount of $. . . ., together with interest, costs, and
fees, before the sale date. For the exact amount, contact the
sheriff at the address stated below:
This property is subject to: (check one)
1. No redemption rights after sale.
2. A redemption period of eight months which will
expire at 4:30 p.m. on the . . . . day of . . . . . ., 19. . .
[Title 6 RCW—page 16]
(2002 Ed.)
Sales Under Execution
3. A redemption period of one year which will
expire at 4:30 p.m. on the . . . . day of . . . . . ., 19. . .
The judgment debtor or debtors or any of them may redeem
the above described property at any time up to the end of the
redemption period by paying the amount bid at the sheriff’s
sale plus additional costs, taxes, assessments, certain other
amounts, fees, and interest. If you are interested in redeeming the property contact the undersigned sheriff at the
address stated below to determine the exact amount necessary to redeem.
IMPORTANT NOTICE: IF THE JUDGMENT DEBTOR OR DEBTORS DO NOT REDEEM THE PROPERTY
BY 4:30 p.m. ON THE . . . . DAY OF . . . . . ., 19. . ., THE
END OF THE REDEMPTION PERIOD, THE PURCHASER AT THE SHERIFF’S SALE WILL BECOME THE
OWNER AND MAY EVICT THE OCCUPANT FROM
THE PROPERTY UNLESS THE OCCUPANT IS A
TENANT HOLDING UNDER AN UNEXPIRED LEASE.
IF THE PROPERTY TO BE SOLD IS OCCUPIED AS A
PRINCIPAL RESIDENCE BY THE JUDGMENT DEBTOR
OR DEBTORS AT THE TIME OF SALE, HE, SHE,
THEY, OR ANY OF THEM MAY HAVE THE RIGHT TO
RETAIN POSSESSION DURING THE REDEMPTION
PERIOD, IF ANY, WITHOUT PAYMENT OF ANY RENT
OR OCCUPANCY FEE. THE JUDGMENT DEBTOR
MAY ALSO HAVE A RIGHT TO RETAIN POSSESSION
DURING ANY REDEMPTION PERIOD IF THE PROPERTY IS USED FOR FARMING OR IF THE PROPERTY IS
BEING SOLD UNDER A MORTGAGE THAT SO PROVIDES.
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . . . . . . . .
City . . . . . . . . . .
Washington 9. . . .
Phone (. . .) . . . . . . . . . .
[1987 c 442 § 604; 1984 c 276 § 2; 1981 c 329 § 2.
Formerly RCW 6.24.015.]
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.
6.21.050 Time and place of sale—Postponements.
(1) All sales of property under execution, order of sale, or
decree, shall be made by auction between nine o’clock in the
morning and four o’clock in the afternoon. Sale of a public
franchise under execution or order of sale on foreclosure
must be made at the front door of the courthouse in the
county in which the franchise was granted. Sales of real
property shall be made at the courthouse door on Friday
unless Friday is a legal holiday and then the sale shall be
held on the next following regular business day.
(2) If at the time appointed for the sale the sheriff is
prevented from attending at the place appointed or, being
present, should deem it for the advantage of all concerned to
postpone the sale for want of purchasers, or other sufficient
cause, the sheriff may postpone the sale not exceeding one
week next after the day appointed, and so from time to time
for the like cause, giving notice of every adjournment by
(2002 Ed.)
6.21.040
public proclamation made at the same time, and by posting
written notices of such adjournment under the notices of sale
originally posted. The sheriff for like causes may also
adjourn the sale from time to time, not exceeding thirty days
beyond the day at which the writ is made returnable, with
the consent of the plaintiff indorsed upon the writ. [1987 c
442 § 605; 1953 c 126 § 1; 1899 c 53 § 4; 1897 c 50 § 2;
RRS § 583. Formerly RCW 6.24.020.]
6.21.060 Amount of property to be sold—Officers
and deputies may not purchase. After sufficient property
has been sold to satisfy the execution, no more shall be sold.
Neither the officer holding the execution nor his or her
deputy shall become a purchaser or be interested in any
purchase at the sale. [1987 c 442 § 606.]
6.21.070 Manner of sale of personal property—Bill
of sale—Sheriff’s deed if real estate contract. If the sale
is of personal property capable of manual delivery, and not
in the possession of a third person, it shall be within view of
those who attend the sale and shall be sold in such parcels
as are likely to bring the highest price; and upon receipt of
the purchase money, the sheriff shall deliver the property to
the purchaser and shall give a bill of sale containing an
acknowledgment of the payment if the purchaser requests it.
A vendor’s interest under a real estate contract, including
vendor’s legal title to the real property, shall be treated as
personal property for purposes of sale, but the sheriff shall
give the purchaser both a bill of sale covering the vendor’s
interest under the contract and a sheriff’s deed covering the
vendor’s legal title to the real property. In all other sales of
personal property, the sheriff shall give the purchaser a bill
of sale with an acknowledgment of payment. The sheriff
shall return the proceeds with the execution to the clerk who
issued the writ for payment as required by law. [1987 c 442
§ 607; Code 1881 § 362; 1877 p 78 § 365; 1869 p 94 § 358;
1854 p 183 § 270; RRS § 586. Formerly RCW 6.24.050.]
6.21.080 Redemption rights—Sale of short term
leasehold and vendor’s interest under real estate contract
absolute. A sale of a real property estate of less than a
leasehold of two years unexpired term and a sale of a
vendor’s interest in real property being sold under a real
estate contract shall be absolute. In all other cases, real
property shall be sold subject to redemption, as provided in
chapter 6.23 RCW. [1987 c 442 § 608; 1899 c 53 § 5; RRS
§ 584. Formerly RCW 6.24.030.]
6.21.090 Manner of selling real estate—Sale by lot,
acre—Measurement. (1) The form and manner of selling
real estate by execution shall be as follows: The sheriff
shall proclaim aloud at the place of sale, in the hearing of all
the bystanders: "I am about to sell the following tracts of
real estate (here reading the description,) upon the following
execution:" (here reading the execution). The sheriff shall
also state the amount that is required upon the execution,
which shall include damages, interests and costs up to the
day of sale, and increased costs. The sheriff shall then offer
the land for sale.
(2) If the sale is of real property consisting of several
known lots or parcels, they shall be sold separately or
[Title 6 RCW—page 17]
6.21.090
Title 6 RCW: Enforcement of Judgments
otherwise as the sheriff deems likely to bring the highest
price, except that if an interest in a portion of such real
property is claimed by a third person who, by request
directed to the sheriff in writing prior to the sale or orally or
in writing at the sale before the bidding is begun, requests
that it be sold separately, such portion shall be sold separately. Bids on all land except town lots may be by the acre or
by tract or parcel.
(3) If the land is sold by the acre and any fewer number
of acres than the whole tract or parcel is sold, it shall be
measured off to the purchaser in a square form, from the
northeast corner of the tract or parcel, unless some person
claiming an interest in the land, by request directed to the
sheriff in writing prior to the sale or orally or in writing at
the sale before the bidding is begun, requests that the land
sold be taken from some other part or in some other form;
in such case, if the request is reasonable, the officer making
the sale shall sell accordingly.
(4) If an entire tract or parcel of land is sold by the
acre, it shall not be measured but shall be deemed and taken
to contain the number of acres named in the description, and
be paid for accordingly; and if the number of acres is not
contained in the description, the officer shall declare according to his or her judgment how many acres are contained
therein, which shall be deemed and taken to be the true
number of acres. [1987 c 442 § 609; Code 1881 § 363;
1877 p 79 § 366; 1869 p 94 § 359; 1854 p 181 § 262; RRS
§ 587. Formerly RCW 6.24.060.]
6.21.100 Sale of real property to highest bidder—
Sheriff’s return and certificate of sale. (1) The officer
shall strike off the land to the highest bidder, who shall
forthwith pay the money bid to the officer, who shall return
the money with the execution and the report of proceedings
on the execution to the clerk of the court from which the
execution issued: PROVIDED, HOWEVER, That when
final judgment shall have been entered in the supreme court
or the court of appeals and the execution upon which sale
has been made issued from said court, the return shall be
made to the superior court in which the action was originally
commenced, and the same proceedings shall be had as
though execution had issued from that superior court.
(2) At the time of the sale, the sheriff shall prepare a
certificate of the sale, containing a particular description of
the property sold, the price bid for each distinct lot or parcel,
and the whole price paid; and when subject to redemption,
it shall be so stated. The matters contained in such certificate shall be substantially stated in the sheriff’s return of
proceedings upon the writ. Upon receipt of the purchase
price, the sheriff shall give a copy of the certificate to the
purchaser and the original certificate to the clerk of the court
with the return on the execution to hold for delivery to the
purchaser upon confirmation of the sale. [1987 c 442 § 610;
1971 c 81 § 28; Code 1881 § 366; 1877 p 79 § 369; 1869
p 95 § 362; 1854 p 182 § 265; RRS § 590. Formerly RCW
6.24.090.]
6.21.110 Confirmation of sale—Objections—
Resale—Distribution of sale proceeds—Filing of certificate. (1) Upon the return of any sale of real estate, the
clerk: (a) Shall enter the cause, on which the execution or
[Title 6 RCW—page 18]
order of sale issued, by its title, on the motion docket, and
mark opposite the same: "Sale of land for confirmation"; (b)
shall mail notice of the filing of the return of sale to all parties who have entered a written notice of appearance in the
action and who have not had an order of default entered
against them; (c) shall file proof of such mailing in the
action; (d) shall apply the proceeds of the sale returned by
the sheriff, or so much thereof as may be necessary, to
satisfaction of the judgment, including interest as provided
in the judgment, and shall pay any excess proceeds as
provided in subsection (5) of this section by direction of
court order; and (e) upon confirmation of the sale, shall
deliver the original certificate of sale to the purchaser.
(2) The judgment creditor or successful purchaser at the
sheriff’s sale is entitled to an order confirming the sale at
any time after twenty days have elapsed from the mailing of
the notice of the filing of the sheriff’s return, on motion with
notice given to all parties who have entered a written notice
of appearance in the action and who have not had an order
of default entered against them, unless the judgment debtor,
or in case of the judgment debtor’s death, the representative,
or any nondefaulting party to whom notice was sent shall
file objections to confirmation with the clerk within twenty
days after the mailing of the notice of the filing of such
return.
(3) If objections to confirmation are filed, the court shall
nevertheless allow the order confirming the sale, unless on
the hearing of the motion, it shall satisfactorily appear that
there were substantial irregularities in the proceedings
concerning the sale, to the probable loss or injury of the
party objecting. In the latter case, the court shall disallow
the motion and direct that the property be resold, in whole
or in part, as the case may be, as upon an execution received
as of that date.
(4) Upon a resale, the bid of the purchaser at the former
sale shall be deemed to be renewed and continue in force,
and no bid shall be taken, except for a greater amount. If on
resale the property sells for a greater amount to any person
other than the former purchaser, the clerk shall first repay to
the former purchaser out of the proceeds of the resale the
amount of the former purchaser’s bid together with interest
as is provided in the judgment.
(5) If, after the satisfaction of the judgment, there be
any proceeds of the sale remaining, the clerk shall pay such
proceeds to the judgment debtor, or the judgment debtor’s
representative, as the case may be, before the order is made
upon the motion to confirm the sale only if the party files
with the clerk a waiver of all objections made or to be made
to the proceedings concerning the sale; otherwise the excess
proceeds shall remain in the custody of the clerk until the
sale of the property has been disposed of; but if the sale be
confirmed, such excess proceeds shall be paid to the judgment debtor or representative as a matter of course.
(6) The purchaser shall file the original certificate of
sale for record with the recording officer in the county in
which the property is located. [1994 c 185 § 3; 1987 c 442
§ 611; 1984 c 276 § 3; 1981 c 329 § 3; 1899 c 53 § 6; RRS
§ 591. Prior: 1897 c 50 § 14; Code 1881 § 367; 1877 p 79
§ 370; 1869 p 95 § 363; 1854 p 182 § 266. Formerly RCW
6.24.100.]
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.
(2002 Ed.)
Sales Under Execution
6.21.120 Sheriff’s deed to real property sold. In all
cases where real estate has been, or may hereafter be sold by
virtue of an execution or other process, it shall be the duty
of the sheriff or other officer making such sale to execute
and deliver to the purchaser, or other person entitled to the
same, a deed of conveyance of the real estate so sold. The
deeds shall be issued upon request immediately after the
confirmation of sale by the court in those instances where
redemption rights have been precluded pursuant to RCW
61.12.093 et seq., or immediately after the time for redemption from such sale has expired in those instances in which
there are redemption rights, as provided in RCW 6.23.060.
In case the term of office of the sheriff or other officer
making such sale shall have expired before a sufficient deed
has been executed, then the successor in office of such
sheriff shall, within the time specified in this section, execute
and deliver to the purchaser or other person entitled to the
same a deed of the premises so sold, and such deeds shall be
as valid and effectual to convey to the grantee the lands or
premises so sold, as if the deed had been made by the sheriff
or other officer who made the sale. [1987 c 442 § 612;
1965 c 80 § 5; 1899 c 53 § 16; RRS § 603. Prior: 1897 c
50 § 16. Formerly RCW 6.24.220.]
Sheriff, successor to complete process: RCW 36.28.130.
6.21.130 Effect of reversal of judgment on sale of
real property. A purchaser of real property sold on
execution, or a purchaser’s successor in interest, who is
evicted in consequence of the reversal of the judgment may
recover from the plaintiff in the execution the price paid
with interest and the costs and disbursements of the eviction
suit. [1987 c 442 § 613; Code 1881 § 368; 1877 p 80 §
371; 1869 p 96 § 364; RRS § 592. Formerly RCW
6.24.110.]
Chapter 6.23
REDEMPTION
Sections
6.23.010
6.23.011
6.23.020
6.23.030
6.23.040
6.23.050
6.23.060
6.23.070
6.23.080
6.23.090
6.23.100
6.23.110
6.23.120
Redemption from sale—Who may redeem—Terms include
successors.
Voluntary relinquishment of ownership rights by mortgagor
may result in loss of redemption rights.
Time for redemption from purchaser—Amount to be paid.
Notice to be given during redemption period—Effect of
noncompliance—Form of notice and affidavit.
Time for redemption from redemptioner—Successive redemptions—Amount to be paid.
Purchaser or redemptioner to file statements of amounts
paid.
Sheriff’s deed—When issued.
Payment on successive redemptions.
Redemption procedure—Certificate to be recorded—
Evidence of right to redeem.
Rents and profits during period of redemption—
Accounting—Option for reimbursement or extension on
agricultural property.
Restraining waste during redemption period.
Possession during period of redemption.
Listing of property for sale during redemption period—
Acceptance of qualifying offer if property unredeemed
and deed issued—Procedure—Disposition of proceeds.
6.23.010 Redemption from sale—Who may redeem—Terms include successors. (1) Real property sold
(2002 Ed.)
6.21.120
subject to redemption, as provided in RCW 6.21.080, or any
part thereof separately sold, may be redeemed by the
following persons, or their successors in interest:
(a) The judgment debtor, in the whole or any part of the
property separately sold.
(b) A creditor having a lien by judgment, decree, deed
of trust, or mortgage, on any portion of the property, or any
portion of any part thereof, separately sold, subsequent in
time to that on which the property was sold. The persons
mentioned in this subsection are termed redemptioners.
(2) As used in this chapter, the terms "judgment debtor,"
"redemptioner," and "purchaser," refer also to their respective successors in interest. [1987 c 442 § 701; 1899 c 53 §
7; RRS § 594. Prior: 1897 c 50 § 15. Formerly RCW
6.24.130.]
6.23.011 Voluntary relinquishment of ownership
rights by mortgagor may result in loss of redemption
rights. See RCW 61.12.093 through 61.12.095.
6.23.020 Time for redemption from purchaser—
Amount to be paid. (1) Unless redemption rights have
been precluded pursuant to RCW 61.12.093 et seq., the
judgment debtor or any redemptioner may redeem the
property from the purchaser at any time (a) within eight
months after the date of the sale if the sale is pursuant to
judgment and decree of foreclosure of any mortgage executed after June 30, 1961, which mortgage declares in its terms
that the mortgaged property is not used principally for
agricultural or farming purposes, and in which complaint the
judgment creditor has expressly waived any right to a
deficiency judgment, or (b) otherwise within one year after
the date of the sale.
(2) The person who redeems from the purchaser must
pay: (a) The amount of the bid, with interest thereon at the
rate provided in the judgment to the time of redemption,
together with (b) the amount of any assessment or taxes
which the purchaser has paid thereon after purchase, and like
interest on such amount from time of payment to time of
redemption, together with (c) any sum paid by the purchaser
on a prior lien or obligation secured by an interest in the
property to the extent the payment was necessary for the
protection of the interest of the judgment debtor or a
redemptioner, and like interest upon every payment made
from the date of payment to the time of redemption, and (d)
if the redemption is by a redemptioner and if the purchaser
is also a creditor having a lien, by judgment, decree, deed of
trust, or mortgage, prior to that of the redemptioner, other
than the judgment under which such purchase was made, the
redemptioner shall also pay the amount of such lien with like
interest: PROVIDED, HOWEVER, That a purchaser who
makes any payment as mentioned in (c) of this subsection
shall submit to the sheriff the affidavit required by RCW
6.23.080, and any purchaser who pays any taxes or assessments or has or acquires any such lien as mentioned in (d)
of this subsection must file the statement required in RCW
6.23.050 and provide evidence of the lien as required by
RCW 6.23.080. [1987 c 442 § 702; 1984 c 276 § 4; 1965
c 80 § 4; 1961 c 196 § 1; 1899 c 53 § 8; RRS § 595.
Formerly RCW 6.24.140.]
Application—1984 c 276: See note following RCW 6.21.020.
[Title 6 RCW—page 19]
6.23.030
Title 6 RCW: Enforcement of Judgments
6.23.030 Notice to be given during redemption
period—Effect of noncompliance—Form of notice and
affidavit. (1) If the property is subject to a homestead as
provided in chapter 6.13 RCW, the purchaser, or the
redemptioner if the property has been redeemed, shall send
a notice, in the form prescribed in subsection (3) of this
section, at least forty but not more than sixty days before the
expiration of the judgment debtor’s redemption period both
by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors and to each of them
separately, if there is more than one judgment debtor, at their
last known address or addresses and to "occupant" at the
property address. The party who sends the notice shall file
a copy of the notice with an affidavit of mailing with the
clerk of the court and deliver or mail a copy to the sheriff.
(2) Failure to comply with this section extends the
judgment debtor’s redemption period six months. If the
redemption period is extended, no further notice need be
sent. Time for redemption by redemptioners shall not be
extended.
(3) The notice and affidavit of mailing required by
subsection (1) of this section shall be in substantially the
following form:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.
⎫
⎪
⎬
⎪
âŽ
CAUSE NO.
NOTICE OF EXPIRATION
OF REDEMPTION PERIOD
TO: [Judgment Debtor]
THIS IS AN IMPORTANT NOTICE AFFECTING
YOUR RIGHT TO RETAIN YOUR PROPERTY.
NOTICE IS HEREBY GIVEN that the period for
redemption of the following described real property ("the
property") is expiring. The property is situated in the
County of . . . . . ., State of Washington, to wit:
. . . . . . [legal description] . . . . . . and commonly known as
. . . . . ., which was sold by . . . . . ., . . . . . . County
Sheriff, in . . . ., . . . . . . County, Washington on the . . . .
day of . . . . . ., 19. . ., under and by virtue of a writ of
execution and order of sale issued by the court in the aboveentitled action.
THE REDEMPTION PERIOD FOR THE PROPERTY
IS . . . . MONTHS. THE REDEMPTION PERIOD COMMENCED ON . . . . . ., 19. . ., AND WILL EXPIRE AT
4:30 p.m. ON . . . . . ., 19. . .
If you intend to redeem the property described above
you must give written notice of your intention to the . . . . . .
County Sheriff on or before . . . . . ., 19. . .
Following is an itemized account of the amount required
to redeem the property to date:
Item
Purchase price paid at sale
Interest from date of sale to date of this notice at
. . . percent per annum
Real estate taxes plus interest
Assessments plus interest
[Title 6 RCW—page 20]
Amount
Liens or other costs paid by purchaser or purchaser’s successor during redemption period
plus interest
Lien of redemptioner
TOTAL REQUIRED TO REDEEM AS OF THE
DATE OF THIS NOTICE
$
$
$
You may redeem the property by 4:30 p.m. on or before
the . . . . day of . . . . . ., 19. . ., by paying the amount set
forth above and such other amounts as may be required by
law. Payment must be in the full amount and in cash,
certified check, or cashier’s check. Because such other
amounts as may be required by law to redeem may include
presently unknown expenditures required to operate, preserve, protect, or insure the property, or the amount to
comply with state or local laws, or the amounts of prior
liens, with interest, held by the purchaser or a redemptioner,
it will be necessary for you to contact the . . . . . . County
Sheriff at the address stated below prior to the time you
tender the redemption amount so that you may be informed
exactly how much you will have to pay to redeem the
property.
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . . . . . . . .
City . . . . . . . . . .
Washington 9. . . .
Phone (. . .) . . . . . . . . . .
IF YOU FAIL TO REDEEM THE PROPERTY BY
4:30 p.m. ON OR BEFORE THE . . . . DAY OF . . . . . .,
19. . ., THE DATE UPON WHICH THE REDEMPTION
PERIOD WILL EXPIRE, THE PURCHASER OR THE
PURCHASER’S SUCCESSOR WILL BE ENTITLED TO
POSSESSION OF THE PROPERTY AND MAY BRING
AN ACTION TO EVICT YOU FROM POSSESSION OF
THE PROPERTY.
DATED THIS . . . . DAY OF . . . . . ., 19. . .
[Purchaser]
By
[Purchaser’s attorney]
Attorneys for
STATE OF WASHINGTON
COUNTY OF
⎫
⎬ ss.
âŽ
The undersigned being first duly sworn on oath states:
That on this day affiant deposited in the mails of the United
States of America a properly stamped and addressed envelope directed to the judgment debtor at the address stated on
the face of this document and to "occupant" at the property
address, both by certified mail, return receipt requested, and
by first class mail, all of the mailings containing a copy of
the document to which this affidavit is attached.
$
$
$
$
SIGNED AND SWORN TO BEFORE ME THIS . . . .
DAY OF . . . . . ., 19. . ., BY . . . . . . (name of person
making statement)
(2002 Ed.)
Redemption
......................
Title . . . . . . . . . . . . . . . . . .
My appointment expires
. . . . . ., 19. . .
[1987 c 442 § 703; 1984 c 276 § 5; 1981 c 329 § 6.
Formerly RCW 6.24.145.]
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.
6.23.040 Time for redemption from redemptioner—
Successive redemptions—Amount to be paid. (1) If
property is redeemed from the purchaser by a redemptioner,
as provided in RCW 6.23.020, another redemptioner may,
within sixty days after the first redemption, redeem it from
the first redemptioner. The property may be again, and as
often as a redemptioner is so disposed, redeemed from any
previous redemptioner within sixty days after the last
redemption, and such sixty-day redemption periods may
extend beyond the period prescribed in RCW 6.23.020 for
redemption from the purchaser.
(2) The judgment debtor may also redeem from a
redemptioner, but in all cases the judgment debtor shall have
the entire redemption period prescribed by RCW 6.23.020,
but no longer unless the time is extended under RCW
6.23.030 or 6.23.090. If the judgment debtor redeems, the
effect of the sale is terminated and the estate of the debtor
is restored.
(3) A redemptioner may redeem under this section by
paying the sum paid on the last previous redemption with
interest at the rate of eight percent per annum, and the
amount of any assessments or taxes which the last previous
redemptioner paid on the property after redeeming, with like
interest, and the amount of any liens by judgment, decree,
deed of trust, or mortgage, other than the judgment under
which the property was sold, held by the last redemptioner,
prior to his own, with interest. A judgment debtor who
redeems from a redemptioner under this section must make
the same payments as are required to effect a redemption by
a redemptioner, including any lien by judgment, decree, deed
of trust, or mortgage, other than the judgment under which
the property was sold, held by the redemptioner. A redemptioner who pays any taxes or assessments, or has or acquires
any such lien as herein mentioned, must file a statement as
required under RCW 6.23.050. [1987 c 442 § 704; 1899 c
53 § 9; RRS § 596. Formerly RCW 6.24.150.]
6.23.050 Purchaser or redemptioner to file statements of amounts paid. A purchaser or redemptioner who
pays any taxes or assessments or has or acquires a lien on
the property by judgment, decree, deed of trust, or mortgage
prior to that of a prospective redemptioner must file a
statement thereof, for recording, with the recording officer of
the county in which the property is situated before the
property has been redeemed from him or her. Otherwise,
the property may be redeemed without paying such tax,
assessment, or lien, but if actual notice of such payments or
liens has been given to the person who redeems, failure to
file the statement shall not affect the right to payment from
that person absent that person’s demonstration of prejudice
resulting from the failure to file the statement. [1987 c 442
§ 705.]
(2002 Ed.)
6.23.030
6.23.060 Sheriff’s deed—When issued. If no
redemption is made within the redemption period prescribed
by RCW 6.23.020 or within any extension of that period
under any other provision of this chapter, the purchaser is
entitled to a sheriff’s deed; or, if so redeemed, whenever
sixty days have elapsed and no other redemption has been
made or notice given operating to extend the period for reredemption, and the time for redemption by the judgment
debtor has expired, the last redemptioner is entitled to
receive a sheriff’s deed as provided in RCW 6.21.120.
[1987 c 442 § 706; 1961 c 196 § 2; 1899 c 53 § 10; RRS §
597. Prior: 1897 c 50 § 16. Formerly RCW 6.24.160.]
6.23.070 Payment on successive redemptions. When
two or more persons apply to the sheriff to redeem at the
same time, the sheriff shall allow the person having the prior
lien to redeem first, and so on. The sheriff shall immediately pay the money over to the person from whom the
property is redeemed, if that person is present at time of
redemption; or if not, at any time thereafter when demanded.
When a sheriff wrongfully refuses to allow any person to
redeem, the right to redeem shall not be prejudiced by such
refusal, and the sheriff may be required, by order of the
court, to allow such redemption. [1987 c 442 § 707; 1899
c 53 § 11; RRS § 598. Formerly RCW 6.24.170.]
6.23.080 Redemption procedure—Certificate to be
recorded—Evidence of right to redeem. (1) The person
seeking to redeem shall give the sheriff at least five days’
written notice of intention to apply to the sheriff for that
purpose. It shall be the duty of the sheriff to notify the
purchaser or redemptioner, as the case may be, or the
purchaser’s or redemptioner’s attorney, of the receipt of such
notice, if such person is within such county. At the time
specified in such notice, the person seeking to redeem may
do so by paying to the sheriff the sum required. The sheriff
shall give the person redeeming a certificate stating the sum
paid on redemption, from whom redeemed, the date thereof
and a description of the property redeemed. A certificate of
redemption must be filed and recorded in the office of the
recording officer of the county in which the property is
situated, and the recording officer must note the record
thereof in the margin of the record of the certificate of sale.
(2) A person seeking to redeem shall submit to the
sheriff the evidence of the right to redeem, as follows:
(a) A lien creditor shall submit a copy of the docket of
the judgment or decree under which the right to redeem is
claimed, certified by the clerk of the court where such
judgment or decree is docketed; or the holder of a mortgage
or deed of trust shall submit the certificate of the record
thereof together with an affidavit, verified by the holder or
agent, showing the amount then actually due thereon.
(b) An assignee shall submit a copy of any assignment
necessary to establish the claim, verified by the affidavit of
the assignee or agent, showing the amount then actually due
on the judgment, decree, deed of trust, or mortgage.
(3) If the redemptioner or purchaser has a lien prior to
that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the sheriff the same kind of
evidence thereof as is required from a person seeking to
[Title 6 RCW—page 21]
6.23.080
Title 6 RCW: Enforcement of Judgments
redeem under subsection (2) of this section, and the amount
due thereon, or the same may be disregarded.
(4) A purchaser who has paid a sum on a prior lien or
obligation secured by an interest in the property shall submit
to the sheriff an affidavit, verified by the purchaser or an
agent, showing the amount paid on the prior lien or obligation, or the prior lien or obligation may be disregarded.
[1987 c 442 § 708; 1984 c 276 § 6; 1899 c 53 § 12; RRS §
599. Formerly RCW 6.24.180.]
Application—1984 c 276: See note following RCW 6.21.020.
6.23.090 Rents and profits during period of redemption—Accounting—Option for reimbursement or
extension on agricultural property. (1) Except as provided
in subsection (3) of this section and in RCW 6.23.110, the
purchaser, from the time of the sale until the redemption,
and the redemptioner from the time of the redemption until
another redemption, is entitled to receive from the tenant in
possession the rents of the property sold or the value of the
use and occupation thereof. But when any rents or profits
have been received from the property by such purchaser or
redemptioner, preceding the redemption thereof from him or
her, the amount of such rents and profits, over and above the
expenses paid for operating, caring for, protecting and
insuring the property, shall be a credit upon the redemption
money to be paid.
(2) If a redemptioner or other person entitled to redeem,
before the expiration of the time allowed for such redemption, files with the sheriff a demand in writing for a written
and verified statement of the amounts of rents and profits
thus received and expenses paid and incurred, the period for
redemption is extended five days after such a sworn statement is given by the person receiving such rents and profits,
or by his or her agent, to the person making the demand, or
to the sheriff. It shall be the duty of the sheriff to serve a
copy of such demand upon the person receiving such rents
and profits, his or her agent or his or her attorney, if service
can be made in the county where the property is situate. If
such person shall, for a period of ten days after such demand
has been given to the sheriff, fail or refuse to give such
statement, the redemptioner or other person entitled to
redeem who made the demand may bring an action within
sixty days after making such demand, but not later, in any
court of competent jurisdiction, to compel an accounting and
disclosure of such rents, profits and expenses, and until
fifteen days from and after the final determination of such
action the right of redemption is extended to such redemptioner or other person entitled to redeem who made the
demand. If a sworn statement is given by the purchaser or
other person receiving such rents and profits, and the
redemptioner or other person entitled to redeem who made
the demand, desires to contest the correctness of the statement, he or she must first redeem in accordance with such
sworn statement, and if he or she desires to bring an action
for an accounting thereafter he or she may do so within
thirty days after such redemption, but not later.
(3) If such property is farming or agricultural property
and is in possession of any purchaser or any previous
redemptioner and is redeemed after the first day of April and
before the first day of December, and the purchaser or
previous redemptioner or the tenant of either has performed
[Title 6 RCW—page 22]
any work in preparing such property for crops or has planted
crops, such purchaser or previous redemptioner shall have
the option to demand reimbursement for such work and labor
or to retain possession of such property until the first day of
December following, and the new redemptioner shall be
entitled to collect the reasonable rental value thereof during
such farming year, unless such reasonable rental shall have
been collected by such purchaser or previous redemptioner
and accounted for to the new redemptioner. [1987 c 442 §
709; 1899 c 53 § 13; RRS § 600. Formerly RCW 6.24.190.]
6.23.100 Restraining waste during redemption
period. Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the
property. But it is not waste for the person in possession of
the property at the time of the sale or entitled to possession
afterwards during the period allowed for redemption to
continue to use it in the same manner in which it was
previously used, or to use it in the ordinary course of
husbandry, or to make the necessary repairs of buildings
thereon, or to use wood or timber on the property therefor,
or for the repairs of fences, or for fuel in his or her family
while occupying the property. [1987 c 442 § 710; 1899 c 53
§ 14; RRS § 601. Formerly RCW 6.24.200.]
6.23.110 Possession during period of redemption.
(1) Except as provided in this section and RCW 6.23.090,
the purchaser from the day of sale until a resale or redemption, and the redemptioner from the day of redemption
until another redemption, shall be entitled to the possession
of the property purchased or redeemed, unless the same be
in the possession of a tenant holding under an unexpired
lease, and in such case shall be entitled to receive from such
tenant the rents or the value of the use and occupation
thereof during the period of redemption.
(2) If a mortgage contains a stipulation that in case of
foreclosure the mortgagor may remain in possession of the
mortgaged premises after sale and until the period of
redemption has expired, the court shall make its decree to
that effect and the mortgagor shall have such right.
(3) As to any land so sold which is at the time of the
sale used for farming purposes, or which is a part of a farm
used, at the time of sale, for farming purposes, the judgment
debtor shall be entitled to retain possession thereof during
the period of redemption and the purchaser or his successor
in interest shall, if the judgment debtor does not redeem,
have a lien upon the crops raised or harvested thereon during
said period of redemption, for interest on the purchase price
at the rate of six percent per annum during said period of
redemption and for taxes becoming delinquent during the
period of redemption together with interest thereon.
(4) In case of any homestead as defined in chapter 6.13
RCW and occupied for that purpose at the time of sale, the
judgment debtor shall have the right to retain possession
thereof during the period of redemption without accounting
for issues or for value of occupation. [1987 c 442 § 711;
1981 c 329 § 21; 1961 c 196 § 3; 1957 c 8 § 6; 1939 c 94
§ 1; 1927 c 93 § 1; 1899 c 53 § 15; RRS § 602. Formerly
RCW 6.24.210.]
Severability—1981 c 329: See note following RCW 6.21.020.
(2002 Ed.)
Redemption
6.23.120 Listing of property for sale during redemption period—Acceptance of qualifying offer if
property unredeemed and deed issued—Procedure—
Disposition of proceeds. (1) Except as provided in subsection (4) of this section, during the period of redemption for
any property that a person would be entitled to claim as a
homestead, any licensed real estate broker within the county
in which the property is located may nonexclusively list the
property for sale whether or not there is a listing contract.
If the property is not redeemed by the judgment debtor and
a sheriff’s deed is issued under RCW 6.21.120, then the
property owner shall accept the highest current qualifying
offer upon tender of full cash payment within two banking
days after notice of the pending acceptance is received by
the offeror. If timely tender is not made, such offer shall no
longer be deemed to be current and the opportunity shall
pass to the next highest current qualifying offer, if any.
Notice of pending acceptance shall be given for the first
highest current qualifying offer within five days after
delivery of the sheriff’s deed under RCW 6.21.120 and for
each subsequent highest current qualifying offer within five
days after the offer becoming the highest current qualifying
offer. An offer is qualifying if the offer is made during the
redemption period through a licensed real estate broker
listing the property and is at least equal to the sum of: (a)
One hundred twenty percent greater than the redemption
amount determined under RCW 6.23.020 and (b) the normal
commission of the real estate broker or agent handling the
offer.
(2) The proceeds shall be divided at the time of closing
with: (a) One hundred twenty percent of the redemption
amount determined under RCW 6.23.020 paid to the property owner, (b) the real estate broker’s or agent’s normal
commission paid, and (c) any excess paid to the judgment
debtor.
(3) Notice, tender, payment, and closing shall be made
through the real estate broker or agent handling the offer.
(4) This section shall not apply to mortgage or deed of
trust foreclosures under chapter 61.12 or 61.24 RCW. [1987
c 442 § 712; 1981 c 329 § 23. Formerly RCW 6.24.230.]
Severability—1981 c 329: See note following RCW 6.21.020.
Chapter 6.25
ATTACHMENT
Sections
6.25.010
6.25.020
6.25.030
6.25.040
6.25.050
6.25.060
6.25.070
6.25.080
6.25.090
6.25.100
6.25.110
6.25.120
6.25.130
6.25.140
6.25.150
6.25.160
6.25.170
(2002 Ed.)
Application of chapter to district courts.
Time for granting.
Issuance of writ—Grounds.
Grounds if debt not due.
Procedure when debt not due.
Application for writ—Affidavit.
Issuance of writ—Notice—Hearing—Issuance without notice—Forms for notice.
Issuance of writ—Attachment bond.
Bond—Additional security.
Action on bond—Damages and attorney’s fees.
Contents of writ—Levy of attachment.
Writs to different counties—Successive writs.
Writ—Notation of time received—Order of execution.
Manner of levy.
Property may be followed to adjoining county.
Sheriff’s inventory—Return.
Examination of defendant as to property.
6.25.180
6.25.190
6.25.200
6.25.220
6.25.230
6.25.240
6.25.250
6.25.260
6.25.270
6.25.280
6.23.120
Motion to discharge attachment—Affidavits in opposition—
Discharge.
Discharge of attachment—Bond—Judgment on bond.
Appointment of receiver for property.
Sale of property before judgment.
Custody of property or proceeds.
Subjection of attached property to judgment.
Procedure when attached property insufficient.
Procedure where execution unsatisfied.
Procedure when judgment is for defendant.
Chapter to be liberally construed—Amendments.
6.25.010 Application of chapter to district courts.
Unless otherwise expressly provided, all the provisions of
this chapter governing attachment of personal property apply
to proceedings before district courts of this state, but the
district courts shall not have power to issue writs of attachment against real property or any interest in real property
or against vendors’ interests under real estate contracts.
[1987 c 442 § 801.]
6.25.020 Time for granting. The plaintiff at the time
of commencing an action, or at any time afterward before
judgment, may have the property of the defendant, or that of
any one or more of several defendants, attached in the
manner prescribed in this chapter, as security for the
satisfaction of such judgment as the plaintiff may recover.
[1987 c 442 § 802; 1886 p 39 § 1; RRS § 647. Prior: Code
1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp
9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.010.]
Rules of court: Cf. CR 64.
6.25.030 Issuance of writ—Grounds. The writ of
attachment may be issued by the court in which the action
is pending on one or more of the following grounds:
(1) That the defendant is a foreign corporation; or
(2) That the defendant is not a resident of this state; or
(3) That the defendant conceals himself so that the
ordinary process of law cannot be served upon him; or
(4) That the defendant has absconded or absented
himself from his usual place of abode in this state, so that
the ordinary process of law cannot be served upon him; or
(5) That the defendant has removed or is about to
remove any of his property from this state, with intent to
delay or defraud his creditors; or
(6) That the defendant has assigned, secreted, or
disposed of, or is about to assign, secrete, or dispose of, any
of his property, with intent to delay or defraud his creditors;
or
(7) That the defendant is about to convert his property,
or a part thereof, into money, for the purpose of placing it
beyond the reach of his creditors; or
(8) That the defendant has been guilty of a fraud in
contracting the debt or incurring the obligation for which the
action is brought; or
(9) That the damages for which the action is brought are
for injuries arising from the commission of some felony,
gross misdemeanor, or misdemeanor; or
(10) That the object for which the action is brought is
to recover on a contract, express or implied. [1987 c 442 §
803; 1973 1st ex.s. c 154 § 16; 1923 c 159 § 1; 1886 p 39
§ 2; RRS § 648. Prior: Code 1881 §§ 174-192; 1877 pp
[Title 6 RCW—page 23]
6.25.030
Title 6 RCW: Enforcement of Judgments
35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863
pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly
RCW 7.12.020.]
Rules of court: CR 64.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
6.25.040 Grounds if debt not due. An action may be
commenced and the property of a debtor may be attached
previous to the time when the debt becomes due, when
nothing but time is wanting to fix an absolute indebtedness,
and when the complaint and the affidavit allege, in addition
to that fact, one or more of the following grounds:
(1) That the defendant is about to dispose or has
disposed of his property in whole or in part with intent to
defraud his creditors; or
(2) That the defendant is about to remove from the state
and refuses to make any arrangements for securing the
payment of the debt when it falls due, and the contemplated
removal was not known to the plaintiff at the time the debt
was contracted; or
(3) That the debt was incurred for property obtained
under false pretenses. [1987 c 442 § 804; 1886 p 39 § 3;
RRS § 649. Prior: Code 1881 §§ 174-192; 1877 pp 35-40;
1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW
7.12.030.]
Rules of court: Cf. CR 64.
6.25.050 Procedure when debt not due. If the debt
or demand for which the attachment is sued out is not due
at the time of the commencement of the action, the defendant is not required to file any pleadings until the maturity
of such debt or demand, but the defendant may, in his or her
discretion, do so, and go to trial as early as the cause is
reached. No final judgment shall be rendered in such action
until the debt or demand upon which it is based becomes
due, unless the defendant consents by filing pleadings or
otherwise. However, property of a perishable nature may be
sold as provided in RCW 6.25.220. [1987 c 442 § 805;
1886 p 40 § 4; RRS § 650. Prior: Code 1881 §§ 174-192;
1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 4147; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162.
Formerly RCW 7.12.040.]
6.25.060 Application for writ—Affidavit. (1) The
plaintiff or someone on plaintiff’s behalf shall apply for a
writ of attachment by affidavit, alleging that the attachment
is not sought and the action is not prosecuted to hinder,
delay, or defraud any creditor of the defendant and also
alleging that affiant has reason to believe and does believe
the following, together with specific facts on which affiant’s
belief in the allegations is based: (a) That the defendant is
indebted to the plaintiff (specifying the nature of the claim
and the amount of such indebtedness over and above all just
credits and offsets), and (b) that one or more of the grounds
stated in RCW 6.25.030 for issuance of a writ of attachment
exists.
(2) If the action is based on a debt not due, the ground
alleged under subsection (1)(b) of this section must be one
stated in RCW 6.25.040 for attachment on a debt not due,
[Title 6 RCW—page 24]
and affiant shall also allege reason to believe and belief that
nothing but time is wanting to fix an absolute indebtedness
due from defendant, together with specific facts on which
the affiant’s belief in the allegations is based. [1987 c 442
§ 806.]
6.25.070 Issuance of writ—Notice—Hearing—
Issuance without notice—Forms for notice. (1) Except as
provided in subsection (2) of this section, the court shall
issue a writ of attachment only after prior notice to defendant, given in the manner prescribed in subsections (4) and
(5) of this section, with an opportunity for a prior hearing at
which the plaintiff shall establish the probable validity of the
claim sued on and that there is probable cause to believe that
the alleged ground for attachment exists.
(2) Subject to subsection (3) of this section, the court
shall issue the writ without prior notice to defendant and an
opportunity for a prior hearing only if:
(a)(i) The attachment is to be levied only on real
property, or (ii) if it is to be levied on personal property, the
ground alleged for issuance of attachment is one appearing
in RCW 6.25.030 (5) through (7) or in RCW 6.25.040(1) or,
if attachment is necessary for the court to obtain jurisdiction
of the action, the ground alleged is one appearing in RCW
6.25.030 (1) through (4); and
(b) The court finds, on the basis of specific facts alleged
in the affidavit, after an ex parte hearing, that there is
probable cause to believe the allegations of plaintiff’s
affidavit.
(3) If a writ is issued under subsection (2) of this
section without prior notice to defendant, after seizure of
property under the writ the defendant shall be entitled to
prompt notice of the seizure and of a right to an early
hearing, if requested, at which the plaintiff shall establish the
probable validity of the claim sued on and that there is
probable cause to believe that the alleged ground for
attachment exists. Such notice shall be given in the manner
prescribed in subsections (4) and (5) of this section.
(4) When notice and a hearing are required under this
section, notice may be given by a show cause order stating
the date, time, and place of the hearing. Notice required
under this section shall be jurisdictional and, except as provided for published notice in subsection (5) of this section,
notice shall be served in the same manner as a summons in
a civil action and shall be served together with: (a) A copy
of the plaintiff’s affidavit and a copy of the writ if already
issued; (b) if the defendant is an individual, copies of
homestead statutes, RCW 6.13.010, 6.13.030, and 6.13.040,
if real property is to be attached, or copies of exemption
statutes, RCW 6.15.010 and 6.15.060, if personal property is
to be attached; and (c) if the plaintiff has proceeded under
subsection (2) of this section, a copy of a "Notice of Right
to Hearing" in substantially the following form:
NOTICE
OF RIGHT TO HEARING
In a lawsuit against you, a Washington court has
issued or will issue a Writ of Attachment against
your property. Under the writ a sheriff or sheriff’s
deputy has or will put a lien against your real
estate or has seized or will seize other property of
yours to hold until the court decides the lawsuit.
(2002 Ed.)
Attachment
Delivery of this notice of your rights is required by
law.
YOU HAVE THE RIGHT TO A PROMPT HEARING. If
notice of a hearing date and time is not served with
this notice, you have a right to request the hearing.
At the hearing, the plaintiff must give evidence that
there is probable cause to believe that the statements in the enclosed affidavit are true and also
that the claim stated in the lawsuit is probably
valid, or else your property will be released.
If the defendant is an individual, the following paragraph
shall be added to the notice:
Y OU MAY ALSO HAVE A RIGHT TO HAVE YOUR
PROPERTY RELEASED if it is exempt property as
described in the copies of statutes included with
this notice and if you claim your exemptions in the
way described in the statutes.
(5) If service of notice on the defendant must be
effected by publication, only the following notice need be
published under the caption of the case:
To Defendant:
A writ of attachment has been issued in the abovecaptioned case, directed to the Sheriff of . . . . . .
County, commanding the Sheriff as follows:
"WHEREAS, . . . [Quoting body of writ of
attachment]"
YOU HAVE A RIGHT TO ASK FOR A HEARING. At
the hearing, the plaintiff must give evidence that
there is probable cause to believe that the ground
for attachment alleged in an affidavit filed with the
court exists and also that the claim stated in the
lawsuit is probably valid, or else the attachment
will be discharged.
If the defendant is an individual, the following paragraph
shall be added to the published notice:
Y OU
MAY ALSO HAVE A RIGHT TO HAVE YOUR
PROPERTY RELEASED if it is exempt property as
described in Washington exemption statutes, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010,
and 6.15.060 of the Revised Code of Washington,
in the manner described in those statutes.
[1988 c 231 § 15; 1987 c 442 § 807.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.25.080 Issuance of writ—Attachment bond. (1)
Except as provided in subsection (2) of this section, before
the writ of attachment shall issue, the plaintiff, or someone
in the plaintiff’s behalf, shall execute and file with the clerk
a surety bond or undertaking in the sum in no case less than
three thousand dollars, in the superior court, nor less than
five hundred dollars in the district court, and double the
amount for which plaintiff demands judgment, or such other
amount as the court shall fix, conditional that the plaintiff
will prosecute the action without delay and will pay all costs
that may be adjudged to the defendant, and all damages that
the defendant may sustain by reason of the writ of attachment or of additional writs issued as permitted under RCW
(2002 Ed.)
6.25.070
6.25.120, not exceeding the amount specified in such bond
or undertaking, as the penalty thereof, should the same be
wrongfully, oppressively or maliciously sued out.
(2) If it is desired to attach real estate only, and such
fact is stated in the affidavit for attachment, and the ground
of attachment is that the defendant is a foreign corporation
or is not a resident of the state, or conceals himself or
herself or has absconded or is absent from his or her usual
place of abode so that the ordinary process of law cannot be
served upon him or her, the writ of attachment shall issue
without bond or undertaking by or on behalf of the plaintiff.
(3) If the plaintiff sues on an assigned claim and the
plaintiff’s immediate or any other assignor thereof retains or
has any interest in the claim, then the plaintiff and every
assignor who retains or has any interest therein shall be
jointly and severally liable for all costs that may be adjudged
to the defendant and for all damages that the defendant may
sustain by reason of the attachment, should the same be
wrongfully, oppressively or maliciously sued out. [1988 c
231 § 16. Prior: 1987 c 442 § 808; 1987 c 202 § 128; 1957
c 51 § 1; 1903 c 41 § 1; 1886 p 40 § 6; RRS § 652; prior:
Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871
pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.060.]
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.
Corporate surety—Insurance: Chapter 48.28 RCW.
Court may fix amount of bond in civil actions: RCW 4.44.470.
6.25.090 Bond—Additional security. The defendant
may, at any time before judgment, move the court or judge
for additional security on the part of the plaintiff, or for
security if none was required under RCW 6.25.080, and if,
on such motion, the court or judge is satisfied that security
or additional security should be required or that the surety in
the plaintiff’s bond has removed from this state or is not
sufficient, the attachment may be vacated, and restitution
directed of any property taken under it, unless in a reasonable time, to be fixed by the court or judge, further security
is given by the plaintiff in form as provided in RCW
6.25.080. [1987 c 442 § 809; 1886 p 40 § 7; RRS § 653.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.070.]
6.25.100 Action on bond—Damages and attorney’s
fees. In an action on such bond, if it is shown that the
attachment was wrongfully sued out, the defendant may
recover the actual damages sustained and reasonable
attorney’s fees to be fixed by the court. If it is shown that
such attachment was sued out maliciously, the defendant
may recover exemplary damages, and the defendant need not
wait until the principal suit is determined before suing on the
bond. [1987 c 442 § 810; 1886 p 41 § 8; RRS § 654.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.080.]
6.25.110 Contents of writ—Levy of attachment.
The writ of attachment shall be directed to the sheriff of any
county in which property of the defendant may be, and shall
[Title 6 RCW—page 25]
6.25.110
Title 6 RCW: Enforcement of Judgments
require the sheriff to attach and safely keep the property of
such defendant within the county, to the requisite amount,
which shall be stated in conformity with the affidavit. The
sheriff shall in all cases attach the amount of property
directed, if sufficient property not exempted from execution
be found in the county, giving that in which the defendant
has a legal and unquestionable title a preference over that in
which title is doubtful or only equitable, and the sheriff shall
as nearly as the circumstances of the case will permit, levy
upon property fifty percent greater in valuation than the
amount that the plaintiff in the affidavit claims to be due.
When property is seized on attachment, the court may allow
to the officer having charge thereof such compensation for
the trouble and expenses in keeping the same as shall be
reasonable and just. [1987 c 442 § 811; 1886 p 41 § 9;
RRS § 655. Prior: Code 1881 §§ 174-192; 1877 pp 35-40;
1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW
7.12.090.]
of the sheriff, any property of the defendant is moved from
the county, the sheriff may pursue and attach the property in
an adjoining county within twenty-four hours after removal.
[1987 c 442 § 815; 1886 p 42 § 12; RRS § 658. Prior:
Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871
pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.120.]
6.25.120 Writs to different counties—Successive
writs. If issuance of a writ of attachment has been ordered
by the court in a case, other writs of attachment may be
issued in the same case from the court to different counties,
and several may, at the option of the plaintiff, be issued at
the same time, or in succession and subsequently, until
sufficient property has been attached; but only those executed shall be taxed in the costs, unless otherwise ordered by
the court, and if more property is attached in the aggregate
than the plaintiff is entitled to have held, the surplus must be
abandoned and the plaintiff pay all costs incurred in relation
to such surplus. After the first writ has issued, it shall not
be necessary for the plaintiff to file any further affidavit or
bond unless the court otherwise directs, but the plaintiff shall
be entitled to as many writs as may be necessary to secure
the amount claimed. [1988 c 231 § 17; 1987 c 442 § 812;
1886 p 41 § 10; RRS § 656. Prior: Code 1881 §§ 174-192;
1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 4147; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162.
Formerly RCW 7.12.100.]
6.25.170 Examination of defendant as to property.
Whenever it appears by the affidavit of the plaintiff that the
plaintiff has probable cause to believe that a ground for
attachment exists and it appears by the plaintiff’s affidavit or
by the return of the attachment that no property is known to
the plaintiff or officer on which the attachment can be
executed, or not enough to satisfy the plaintiff’s claim, and
it being shown to the court or judge by affidavit that the
defendant has property within the state not exempted, the
defendant may be required by such court or judge to attend
before the court or judge or referee appointed by the court
or judge and give information on oath respecting the
property. [1987 c 442 § 817; 1886 p 42 § 14; RRS § 660.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.140.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.25.130 Writ—Notation of time received—Order
of execution. The sheriff or other officer shall indorse upon
the writ of attachment in ink the day, hour, and minute when
the writ first came into the officer’s hands. Where there are
several attachments against the same defendant, they shall be
executed in the order in which they were received by the
sheriff. [1987 c 442 § 813; 1886 p 41 § 11; RRS § 657.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.110.]
Rules of court: Cf. CR 64.
6.25.140 Manner of levy. The sheriff shall levy on
property to be attached in the same manner as provided for
execution in RCW 6.17.160, 6.17.170, and 6.17.180. [1987
c 442 § 814.]
6.25.150 Property may be followed to adjoining
county. If, after an attachment has been placed in the hands
[Title 6 RCW—page 26]
6.25.160 Sheriff’s inventory—Return. The sheriff
shall make a full inventory of the property attached and
return the inventory with the writ of attachment within
twenty days of receipt of the writ, with a return of the
proceedings indorsed on or attached to the writ. If the writ
was issued at the same time as the summons, the sheriff
shall return the writ with the summons. [1987 c 442 § 816;
1927 c 100 § 2; 1886 p 43 § 21; RRS § 666. Prior: Code
1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp
9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.200.]
6.25.180 Motion to discharge attachment—
Affidavits in opposition—Discharge. (1) The defendant
may at any time, after appearing in the action and before
giving bond as provided in RCW 6.25.190, apply on motion,
upon reasonable notice to the plaintiff, to the court in which
the action is brought or to the judge thereof, that the writ of
attachment be discharged on the ground that it was improperly or irregularly issued.
(2) If the motion is made on affidavits on the part of the
defendant, the plaintiff may oppose the same by affidavits in
addition to those on which the attachment was issued or by
other evidence, unless otherwise ordered by the court.
(3) If upon application it satisfactorily appears that the
writ of attachment was improperly or irregularly issued, it
must be discharged.
(4) Whenever an order has been made discharging or
releasing an attachment upon real property, a certified copy
of such order may be recorded with the recording officer of
the county in which the writ of attachment has been recorded. [1987 c 442 § 818; 1927 c 131 § 1; 1886 p 45 § 31;
RRS § 673. Prior: Code 1881 §§ 174-192; 1877 pp 35-40;
1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW
7.12.270.]
(2002 Ed.)
Attachment
Rules of court: CR 7(b), 64.
6.25.190 Discharge of attachment—Bond—
Judgment on bond. If the defendant, at any time before
judgment, causes a bond to be executed to the plaintiff with
sufficient sureties, to be approved by the officer having the
attachment or after the return thereof by the clerk, conditional on the performance of the judgment of the court, the
attachment shall be discharged and restitution made of
property taken or proceeds thereof. The execution of such
bond shall be deemed an appearance of such defendant to
the action. The bond shall be part of the record and, if judgment goes against the defendant, the judgment shall be
entered against the defendant and the sureties. [1987 c 442
§ 819; 1886 p 45 § 29; RRS § 671. Prior: Code 1881 §§
174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10;
1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp
155-162. Formerly RCW 7.12.250.]
6.25.200 Appointment of receiver for property. The
court before whom the action is pending may at any time
appoint a receiver to take possession of property attached
under the provisions of this chapter and to collect, manage,
and control the property and pay over the proceeds according
to the nature of the property and the exigency of the case.
[1987 c 442 § 820; 1957 c 9 § 9; 1886 p 42 § 15; RRS §
661. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873
pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120;
1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.150.]
6.25.220 Sale of property before judgment. If any
property attached be perishable or in danger of serious and
immediate waste or decay, the sheriff shall sell the same in
the manner in which such property is sold on execution.
Whenever it shall be made to appear satisfactorily to the
court or judge that the interest of the parties to the action
will be subserved by a sale of any attached property, the
court or judge may order such property to be sold in the
same manner as like property is sold under execution. Such
order shall be made only upon notice to the adverse party or
that party’s attorney in case such party shall have been
personally served with a summons in the action. [1987 c
442 § 822; 1957 c 51 § 2; 1886 p 42 § 16; RRS § 662.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.160.]
6.25.230 Custody of property or proceeds. All
moneys received by the sheriff under the provisions of this
chapter shall be paid to the clerk of the court that issued the
writ, to be held to be applied to any judgment that may be
recovered in the action, and all other attached property shall
be retained by the sheriff to be applied to any judgment that
may be recovered in the action. [1987 c 442 § 823; 1886 p
43 § 17; RRS § 663. Prior: Code 1881 §§ 174-192; 1877
pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47;
1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162.
Formerly RCW 7.12.170.]
6.25.240 Subjection of attached property to judgment. If judgment is recovered by the plaintiff, it shall be
(2002 Ed.)
6.25.180
paid out of any proceeds held by the clerk of the court and
out of the property retained by the sheriff if it is sufficient
for that purpose as follows:
(1) By applying on the execution issued on said judgment the proceeds of all sales of perishable or other property
sold, or so much as shall be necessary to satisfy the judgment.
(2) If any balance remains due, the sheriff shall sell
under the execution so much of the personal property
attached as may be necessary to satisfy the balance and, if
there is not sufficient personal property to satisfy the
balance, the sheriff shall sell so much of any real property
attached as is necessary to satisfy the judgment.
Notice of sale shall be given and sale conducted as in
other cases of sales on execution. [1987 c 442 § 824; 1957
c 51 § 4; 1886 p 44 § 25; RRS § 667. Prior: Code 1881 §§
174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10;
1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp
155-162. Formerly RCW 7.12.210.]
6.25.250 Procedure when attached property insufficient. If, after the proceeds of all the property attached have
been applied to the payment of the judgment, any balance
remains due, the sheriff shall proceed as upon an execution
in other cases. Whenever the judgment has been paid, the
sheriff, upon reasonable demand, shall deliver to the defendant the attached property remaining and the clerk shall pay
to the defendant any remaining proceeds of the property
attached that have not been applied on the judgment. [1987
c 442 § 825; 1957 c 51 § 5; 1886 p 44 § 26; RRS § 668.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.220.]
6.25.260 Procedure where execution unsatisfied. If
the execution is returned unsatisfied, in whole or in part, the
plaintiff may proceed as in other cases upon the return of an
execution. [1987 c 442 § 826; 1886 p 45 § 27; RRS § 669.
Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 4350; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860
pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.230.]
6.25.270 Procedure when judgment is for defendant. If the defendant recovers judgment against the
plaintiff, all the proceeds of sales and money collected by
the sheriff and deposited with the clerk and all the property
attached and retained by the sheriff shall be delivered to the
defendant or the defendant’s agent. The order of attachment
shall be discharged and the property released therefrom.
[1987 c 442 § 827; 1886 p 45 § 28; RRS § 670. Prior:
Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871
pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.240.]
6.25.280 Chapter to be liberally construed—
Amendments. This chapter shall be liberally construed, and
the plaintiff, at any time when objection is made thereto,
shall be permitted to amend any defect in the complaint,
affidavit, bond, writ or other proceeding, and no attachment
shall be quashed or dismissed, or the property attached
released, if the defect in any of the proceedings has been or
[Title 6 RCW—page 27]
6.25.280
Title 6 RCW: Enforcement of Judgments
can be amended so as to show that a legal cause for the
attachment existed at the time it was issued, and the court
shall give the plaintiff a reasonable time to perfect such
defective proceedings. [1987 c 442 § 828; 1886 p 46 § 35;
RRS § 677. Prior: Code 1881 §§ 174-192; 1877 pp 35-40;
1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW
7.12.310.]
Chapter 6.26
PREJUDGMENT GARNISHMENT
Sections
6.26.010
6.26.020
6.26.025
6.26.030
6.26.040
6.26.050
6.26.060
6.26.070
Rules of
Prejudgment writs of garnishment—Grounds.
Issuance of writ—Bond—Fee.
Writs of garnishment to different garnishees.
Action on bond for wrongful garnishment—Damages and
attorney’s fees.
Action against plaintiff for wrongful garnishment—Damages
and attorney’s fees.
Application for prejudgment writ of garnishment—Affidavit.
Issuance of writ—Notice—Hearing—Issuance without prior
notice—Forms for notice.
Application of chapter 6.27 RCW to prejudgment garnishments.
court: CR 64.
6.26.010 Prejudgment writs of garnishment—
Grounds. Except as limited by RCW 6.27.040, relating to
the state and other public entities, and RCW 6.27.330,
relating to continuing liens on earnings, the plaintiff at the
time of commencing an action, or at any time thereafter
before judgment in an action, may obtain a prejudgment writ
of garnishment from a superior or district court of this state
before which the action is pending on the following grounds:
(1) If the writ is issued for a purpose other than garnishing a defendant’s earnings as defined in RCW 6.27.010, (a)
on the ground that an attachment has been issued in accordance with chapter 6.25 RCW, (b) on the ground that the
plaintiff sues on a debt that is due and owing and unpaid, or
(c) on one or more of the grounds for issuance of attachment
stated in RCW 6.25.030 or 6.25.040; or
(2) If the writ is directed to an employer for the purpose
of garnishing earnings of a defendant, on the grounds that
the defendant:
(a) Is not a resident of this state, or is about to move
from this state; or
(b) Has concealed himself or herself, absconded, or
absented himself or herself so that ordinary process of law
cannot be served on him or her; or
(c) Has removed or is about to remove any of his or her
property from this state, with intent to delay or defraud his
or her creditors. [1988 c 231 § 18; 1987 c 442 § 901.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.26.020 Issuance of writ—Bond—Fee. In all cases
of garnishment before judgment, before the writ shall issue,
the plaintiff shall pay the fee described in RCW 6.27.060
and shall execute and file with the clerk a bond with sufficient sureties, to be approved by the clerk of the court
issuing the writ, payable to the defendant in the suit, in
double the amount of the debt claimed therein, or such other
[Title 6 RCW—page 28]
amount as the court shall fix, conditioned that the plaintiff
will prosecute the suit without delay and pay all damages
and costs that may be adjudged against him or her for
wrongfully suing out such garnishment. [1988 c 231 § 19;
1987 c 442 § 902; 1969 ex.s. c 264 § 3. Formerly RCW
7.33.030.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.26.025 Writs of garnishment to different garnishees. If issuance of a writ of garnishment or of a writ of
attachment has been ordered by the court in a case, other
writs of garnishment to different garnishees may be issued
in the same case under the circumstances and restrictions
stated in RCW 6.25.120 for issuance of successive writs of
attachment. [1988 c 231 § 21.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.26.030 Action on bond for wrongful garnishment—Damages and attorney’s fees. In an action on the
bond under RCW 6.26.020, if it is shown that the garnishment was wrongfully sued out, the defendant may recover
the actual damages sustained and reasonable attorney’s fees
to be fixed by the court. If it is shown that such garnishment was sued out maliciously, the defendant may also
recover exemplary damages, and the defendant need not wait
until the principal suit is determined before suing on the
bond by counterclaim in the original action or in a separate
action. [1987 c 442 § 903.]
6.26.040 Action against plaintiff for wrongful
garnishment—Damages and attorney’s fees. In all actions
in which a prejudgment writ of garnishment has been issued
by a court and served upon a garnishee, in the event judgment is not entered for the plaintiff on the claim sued upon
by plaintiff, and the claim has not voluntarily been settled or
otherwise satisfied, the defendant shall have an action for
damages against the plaintiff. The defendant’s action for
damages may be brought by way of a counterclaim in the
original action or in a separate action and, in the action the
trier of fact, in addition to other actual damages sustained by
the defendant, may award the defendant reasonable
attorney’s fees. [1987 c 442 § 904; 1970 ex.s. c 61 § 4;
1969 ex.s. c 264 § 34. Formerly RCW 7.33.340.]
6.26.050 Application for prejudgment writ of
garnishment—Affidavit. The plaintiff or someone on the
plaintiff’s behalf shall apply for a prejudgment writ of
garnishment by affidavit, alleging that the garnishment is not
sought and the action is not prosecuted to hinder, delay, or
defraud any creditor of the defendant and also alleging that
the affiant has reason to believe and does believe the
following, together with specific facts on which the affiant’s
belief in the allegations is based: (1) That the defendant is
indebted to the plaintiff (specifying the nature of the claim
and the amount of such indebtedness over and above all just
credits and offsets); (2) that one or more of the grounds for
prejudgment garnishment established in RCW 6.26.010
exists; (3) that the plaintiff has reason to believe, and does
believe, that the garnishee, stating the garnishee’s name and
residence or place of business, is indebted to the defendant
in amounts exceeding those exempted from garnishment by
(2002 Ed.)
Prejudgment Garnishment
any state or federal law, or that the garnishee has possession
or control of personal property or effects belonging to the
defendant which are not exempted from garnishment by any
state or federal law; (4) whether or not the garnishee is the
employer of the defendant; and (5) if the action is based on
a debt not due, that nothing but time is wanting to fix an
absolute indebtedness due from the defendant. [1987 c 442
§ 905.]
6.26.060 Issuance of writ—Notice—Hearing—
Issuance without prior notice—Forms for notice. (1)
When application is made for a prejudgment writ of garnishment, the court shall issue the writ in substantially the form
prescribed in RCW 6.27.070 and 6.27.100 directing that the
garnishee withhold an amount as prescribed in RCW
6.27.090, but, except as provided in subsection (2) of this
section, the court shall issue the writ only after prior notice
to the defendant, given in the manner prescribed in subsections (4) and (5) of this section, with an opportunity for a
prior hearing at which the plaintiff shall establish the probable validity of the plaintiff’s claim and that there is probable cause to believe that the alleged ground for garnishment
exists.
(2) Subject to subsection (3) of this section, the court
shall issue the writ without prior notice to the defendant and
without an opportunity for a prior hearing only if:
(a) A ground alleged in the plaintiff’s affidavit is: (i) A
ground appearing in RCW 6.26.010(2)(c) if the writ is to be
directed to an employer for the purpose of garnishing the
defendant’s earnings; or (ii) a ground appearing in RCW
6.25.030 (5) through (7) or in RCW 6.25.040(1) of the
attachment chapter; or (iii) if garnishment is necessary to
permit the court to acquire jurisdiction over the action, the
ground alleged is one appearing in RCW 6.25.030 (1)
through (4) or in RCW 6.26.010(2) (a) or (b); and
(b) The court finds on the basis of specific facts, after
an ex parte hearing, that there is probable cause to believe
the allegations of the plaintiff’s affidavit.
(3) If a writ is issued under subsection (2) of this
section without prior notice to the defendant, after service of
the writ on the garnishee, the defendant shall be entitled to
prompt notice of the garnishment and a right to an early
hearing, if requested, at which the plaintiff shall establish the
probable validity of the claim sued on and that there is
probable cause to believe that the alleged ground for
garnishment exists.
(4) When notice and a hearing are required under this
section, notice may be given by a show cause order stating
the date, time, and place of the hearing. Notice required
under this section shall be jurisdictional and, except as provided for published notice in subsection (5) of this section,
notice required under this section shall be served in the same
manner as a summons in a civil action and shall be served
together with (a) a copy of plaintiff’s affidavit and a copy of
the writ if already issued, and (b) a copy of the following
"Notice of Right to a Hearing" in substantially the following
form or, if defendant is an individual, a copy of the claim
form and the "Notice of Garnishment and of Your Rights"
prescribed by RCW 6.27.140, in which the following notice
is substituted for the first paragraph of said Notice:
(2002 Ed.)
6.26.050
NOTICE OF RIGHT TO HEARING
A writ of garnishment has been or will be issued
by a Washington court and has been or will be
served on the garnishee defendant. It will require
the garnishee defendant to withhold payment of
money that may be due to you and to withhold other property of yours that the garnishee may hold or
control until a lawsuit in which you are a defendant
has been decided by the court. Service of this
notice of your rights is required by law.
YOU HAVE A RIGHT TO A PROMPT HEARING. If notice of a hearing date and time is not
served with this notice, you have the right to request the hearing. At the hearing, the plaintiff
must give evidence that there is probable cause to
believe that the statements in the enclosed affidavit
are true and also that the claim stated in the lawsuit
is probably valid, or else the garnishment will be
released.
(5) If service of notice on the defendant must be
effected by publication, only the following notice need be
published under the caption of the case:
To, Defendant:
A writ of prejudgment garnishment has been issued
in the above captioned case, directed to . . . . . . as
Garnishee Defendant, commanding the Garnishee
to withhold amounts due you or to withhold any of
your property in the Garnishee’s possession or
control for application to any judgment that may be
entered for plaintiff in the case.
YOU HAVE A RIGHT TO ASK FOR A HEARING. At the hearing, the plaintiff must give
evidence that there is probable cause to believe that
the ground for garnishment alleged in an affidavit
filed with the court exists and also that the claim
stated in the lawsuit is probably valid, or else the
garnishment will be released.
If the defendant is an individual, the following paragraph
shall be added to the published notice:
YOU MAY ALSO HAVE A RIGHT TO HAVE
THE GARNISHMENT RELEASED if amounts or
property withheld are exempt under federal or state
statutes, for example, bank accounts in which
benefits such as Temporary Assistance for Needy
Families, Supplemental Security Income (SSI),
Social Security, United States pension, Unemployment Compensation, or Veterans’ benefits have
been deposited or certain personal property described in section 6.15.010 of the Revised Code of
Washington.
[1997 c 59 § 1; 1988 c 231 § 20; 1987 c 442 § 906.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.26.070 Application of chapter 6.27 RCW to
prejudgment garnishments. Except as otherwise provided,
the provisions of chapter 6.27 RCW governing garnishments
apply to prejudgment garnishments. [1987 c 442 § 907.]
[Title 6 RCW—page 29]
Chapter 6.27
Title 6 RCW: Enforcement of Judgments
Chapter 6.27
GARNISHMENT
Sections
6.27.005
6.27.010
6.27.020
6.27.030
6.27.040
6.27.050
6.27.060
6.27.070
6.27.080
6.27.090
6.27.095
6.27.100
6.27.110
6.27.120
6.27.130
6.27.140
6.27.150
6.27.160
6.27.170
6.27.175
6.27.180
6.27.190
6.27.200
6.27.210
6.27.220
6.27.230
6.27.240
6.27.250
6.27.260
6.27.265
6.27.270
6.27.280
6.27.290
6.27.300
6.27.310
6.27.320
6.27.330
6.27.340
6.27.350
6.27.360
6.27.370
Rules of
Legislative intent.
Definitions.
Grounds for issuance of writ—Time of issuance of prejudgment writs.
Application of chapter to district courts.
State and municipal corporations subject to garnishment—
Service of writ.
Garnishment of money held by officer—Of judgment debtor—Of personal representative.
Application for writ—Affidavit—Fee.
Issuance of writ—Form—Dating—Attestation.
Writ directed to financial institution—Form and service.
Amount garnishee required to hold.
Garnishee’s processing fees.
Form of writ.
Service of writ generally—Forms—Requirements for financial institution—Return.
Effect of service of writ.
Mailing of writ and judgment or affidavit to judgment debtor—Mailing of notice and claim form if judgment debtor is an individual—Service—Return.
Form of returns under RCW 6.27.130.
Exemption of earnings—Amount.
Claiming exemptions—Form—Hearing—Attorney’s fees—
Costs—Release of funds or property.
Garnished employee not to be discharged—Exception.
Employee separated from employment due to wage garnishment not disqualified for unemployment compensation.
Bond to discharge writ.
Answer of garnishee—Contents—Forms.
Default judgment—Reduction upon motion of garnishee—
Attorney’s fees.
Answer of garnishee may be controverted by plaintiff or
defendant.
Controversion—Procedure.
Controversion—Costs and attorney’s fees.
Discharge of garnishee.
Judgment against garnishee—Procedure if debt not mature.
Execution on judgment against garnishee.
Form for judgment against garnishee.
Decree directing garnishee to deliver up effects—
Disposition.
Procedure upon failure of garnishee to deliver.
Similarity of names—Procedure.
Garnishee protected against claim of defendant.
Dismissal of writ after one year—Notice—Exception.
Dismissal of garnishment upon satisfaction of judgment
from other source—Duty of plaintiff—Procedure—
Penalty—Costs.
Continuing lien on earnings—Authorized.
Continuing lien on earnings—Captions—Additions to writ
and answer forms.
Continuing lien on earnings—When lien becomes effective—Termination—Second answer.
Continuing lien on earnings—Priorities—Exceptions.
Notice to federal government as garnishee defendant—
Deposit, payment, and endorsement of funds received by
the clerk—Fees as recoverable cost.
court: CR 64.
6.27.005 Legislative intent. The legislature recognizes that a garnishee has no responsibility for the situation
leading to the garnishment of a debtor’s wages, funds, or
other property, but that the garnishment process is necessary
for the enforcement of obligations debtors otherwise fail to
honor, and that garnishment procedures benefit the state and
the business community as creditors. The state should take
whatever measures that are reasonably necessary to reduce
[Title 6 RCW—page 30]
or offset the administrative burden on the garnishee consistent with the goal of effectively enforcing the debtor’s unpaid obligations. [2000 c 72 § 1; 1998 c 227 § 1; 1997 c
296 § 1.]
6.27.010 Definitions. (1) As used in this chapter, the
term "earnings" means compensation paid or payable to an
individual for personal services, whether denominated as
wages, salary, commission, bonus, or otherwise, and includes
periodic payments pursuant to a pension or retirement
program.
(2) As used in this chapter, the term "disposable
earnings" means that part of earnings remaining after the
deduction from those earnings of any amounts required by
law to be withheld. [1987 c 442 § 1001.]
6.27.020 Grounds for issuance of writ—Time of
issuance of prejudgment writs. (1) The clerks of the
superior courts and district courts of this state may issue
writs of garnishment returnable to their respective courts for
the benefit of a judgment creditor who has a judgment
wholly or partially unsatisfied in the court from which the
garnishment is sought.
(2) Except as otherwise provided in RCW 6.27.040 and
6.27.330, the superior courts and district courts of this state
may issue prejudgment writs of garnishment to a plaintiff at
the time of commencement of an action or at any time
afterward, subject to the requirements of chapter 6.26 RCW.
[1987 c 442 § 1002; 1969 ex.s. c 264 § 1. Formerly RCW
7.33.010.]
Rules of court: Cf. CR 64.
6.27.030 Application of chapter to district courts.
All the provisions of this chapter shall apply to proceedings
before district courts of this state. [1987 c 442 § 1003; 1969
ex.s. c 264 § 2. Formerly RCW 7.33.020.]
6.27.040 State and municipal corporations subject
to garnishment—Service of writ. The state of Washington,
all counties, cities, towns, school districts and other municipal corporations shall be subject to garnishment after judgment has been entered in the principal action, but not before,
in the superior and district courts, in the same manner and
with the same effect, as provided in the case of other
garnishees.
The venue of any such garnishment proceeding shall be
the same as for the original action, and the writ shall be
issued by the clerk of the court having jurisdiction of such
original action.
The writ of garnishment shall be served in the same
manner and upon the same officer as is required for service
of summons upon the commencement of a civil action
against the state, county, city, town, school district, or other
municipal corporation, as the case may be. [1987 c 442 §
1004; 1987 c 202 § 134; 1969 ex.s. c 264 § 6. Formerly
RCW 7.33.060.]
Reviser’s note: This section, previously codified as RCW 7.33.060,
was amended by 1987 c 202 § 134 and by 1987 c 442 § 1004, each without
reference to the other. Chapter 442 also directed that RCW 7.33.060 be
recodified. Both amendments are incorporated in the publication of this
section pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
(2002 Ed.)
Garnishment
Intent—1987 c 202: See note following RCW 2.04.190.
6.27.050 Garnishment of money held by officer—Of
judgment debtor—Of personal representative. A sheriff
or other peace officer who holds money of the defendant is
subject to garnishment, excepting only for money or property
taken from a person arrested by such officer, at the time of
the arrest. A judgment debtor of the defendant is subject to
garnishment when the judgment has not been previously
assigned on the record or by writing filed in the office of the
clerk of the court that entered the judgment and minuted by
the clerk as an assignment in the execution docket. An
executor or administrator is subject to garnishment for
money due from the decedent to the defendant. [1987 c 442
§ 1005; 1927 c 101 § 1; 1886 p 43 § 19; RRS § 664. Prior:
Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871
pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36;
1854 pp 155-162. Formerly RCW 7.12.180.]
6.27.060 Application for writ—Affidavit—Fee. The
judgment creditor as the plaintiff or someone in the judgment creditor’s behalf shall apply for a writ of garnishment
by affidavit, stating the following facts: (1) The plaintiff has
a judgment wholly or partially unsatisfied in the court from
which the writ is sought; (2) the amount alleged to be due
under that judgment; (3) the plaintiff has reason to believe,
and does believe that the garnishee, stating the garnishee’s
name and residence or place of business, is indebted to the
defendant in amounts exceeding those exempted from
garnishment by any state or federal law, or that the garnishee
has possession or control of personal property or effects
belonging to the defendant which are not exempted from
garnishment by any state or federal law; and (4) whether or
not the garnishee is the employer of the judgment debtor.
The judgment creditor shall pay to the clerk of the
superior court the fee provided by RCW 36.18.020, or to the
clerk of the district court the fee of two dollars. [1988 c
231 § 22. Prior: 1987 c 442 § 1006; 1987 c 202 § 133;
1981 c 193 § 3; 1977 ex.s. c 55 § 1; 1969 ex.s. c 264 § 4.
Formerly RCW 7.33.040.]
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.
6.27.070 Issuance of writ—Form—Dating—
Attestation. When application for a writ of garnishment is
made by a judgment creditor and the requirements of RCW
6.27.060 have been complied with, the clerk shall docket the
case in the names of the judgment creditor as plaintiff, the
judgment debtor as defendant, and the garnishee as garnishee
defendant, and shall immediately issue and deliver a writ of
garnishment to the judgment creditor in the form prescribed
in RCW 6.27.100, directed to the garnishee, commanding the
garnishee to answer said writ on forms served with the writ
and complying with RCW 6.27.190 within twenty days after
the service of the writ upon the garnishee.
The writ of garnishment shall be dated and attested as
in the form prescribed in RCW 6.27.100. The name and
office address of the plaintiff’s attorney shall be indorsed
thereon or, in case the plaintiff has no attorney, the name
and address of the plaintiff shall be indorsed thereon. The
address of the clerk’s office shall appear at the bottom of the
(2002 Ed.)
6.27.040
writ. [1987 c 442 § 1007; 1970 ex.s. c 61 § 1. Prior: 1969
ex.s. c 264 § 5. Formerly RCW 7.33.050.]
6.27.080 Writ directed to financial institution—
Form and service. (1) A writ of garnishment directed to a
bank, savings and loan association, or credit union that
maintains branch offices shall identify either a particular
branch of the financial institution or the financial institution
as the garnishee defendant. The head office of a financial
institution shall be considered a separate branch for purposes
of this section. The statement required by subsection (2) of
this section may be incorporated in the writ or served separately.
(2) Service shall be as required by RCW 6.27.110 (1)
and (3) and shall be by certified mail, return receipt requested, directed to or by personal service, in the same manner as
a summons in a civil action is served, on the manager,
cashier, or assistant cashier of the financial institution, except
that, if the financial institution, and not a branch, is named
as garnishee defendant, service shall be either on the head
office or on the place designated by the financial institution
for receipt of service of process. There shall be served with
the writ, as part of the service, a statement in writing signed
by the plaintiff or plaintiff’s attorney, stating (a) the
defendant’s place of residence and business, occupation,
trade, or profession, or (b) the defendant’s federal tax
identification number, or (c) the defendant’s account number,
if such information is not incorporated in the writ. If the
statement is not served with the writ and such information is
not included in the writ, the service shall be deemed incomplete and the garnishee shall not be held liable for funds
owing to the defendant or property of the defendant in the
possession of or under the control of the garnishee defendant
that it fails to discover.
(3) A writ naming the financial institution as the
garnishee defendant shall be effective only to attach deposits
of the defendant in the financial institution and compensation
payable for personal services due the defendant from the
financial institution. A writ naming a branch as garnishee
defendant shall be effective only to attach the deposits,
accounts, credits, or other personal property of the defendant
(excluding compensation payable for personal services) in
the possession or control of the particular branch to which
the writ is directed and on which service is made.
A writ of garnishment is effective against property in
the possession or control of a financial institution only if the
writ of garnishment is directed to and names a branch as
garnishee defendant. [1988 c 231 § 23; 1987 c 442 § 1008.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.090 Amount garnishee required to hold. (1)
The writ of garnishment shall set forth in the first paragraph
the amount that garnishee is required to hold, which shall be
an amount determined as follows: (a)(i) If after judgment,
the amount of the judgment remaining unsatisfied on the
clerk of the court’s execution docket, if any, plus interest to
the date of garnishment, as provided in RCW 4.56.110, plus
taxable costs and attorney’s fees, or (ii) if before judgment,
the amount prayed for in the complaint plus estimated taxable costs of suit and attorneys’ fees, together with, (b)
whether before or after judgment, estimated costs of garnish[Title 6 RCW—page 31]
6.27.090
Title 6 RCW: Enforcement of Judgments
ment as provided in subsection (2) of this section. The court
may, by order, set a higher amount to be held upon a
showing of good cause by plaintiff.
(2) Costs recoverable in garnishment proceedings, to be
estimated for purposes of subsection (1) of this section,
include filing fee, service and affidavit fees, postage and
costs of certified mail, answer fee or fees, other fees legally
chargeable to a plaintiff in the garnishment process, and a
garnishment attorney fee in the amount of the greater of fifty
dollars or ten percent of (a) the amount of the judgment
remaining unsatisfied or (b) the amount prayed for in the
complaint. The garnishment attorney fee shall not exceed
two hundred fifty dollars. [2000 c 72 § 2; 1988 c 231 § 24;
1987 c 442 § 1009; 1969 ex.s. c 264 § 9. Formerly RCW
7.33.090.]
The above-named plaintiff has applied for a writ of
garnishment against you, claiming that the above-named
defendant is indebted to plaintiff and that the amount to be
held to satisfy that indebtedness is $ . . . . . ., consisting of:
Severability—1988 c 231: See note following RCW 6.01.050.
YOU ARE HEREBY COMMANDED, unless otherwise
directed by the court or by this writ, not to pay any debt,
whether earnings subject to this garnishment or any other
debt, owed to the defendant at the time this writ was served
and not to deliver, sell, or transfer, or recognize any sale or
transfer of, any personal property or effects of the defendant
in your possession or control at the time when this writ was
served. Any such payment, delivery, sale, or transfer is void
to the extent necessary to satisfy the plaintiff’s claim and
costs for this writ with interest.
YOU ARE FURTHER COMMANDED to answer this
writ by filling in the attached form according to the instructions in this writ and in the answer forms and, within twenty
days after the service of the writ upon you, to mail or
deliver the original of such answer to the court, one copy to
the plaintiff or the plaintiff’s attorney, and one copy to the
defendant, in the envelopes provided.
If, at the time this writ was served, you owed the
defendant any earnings (that is, wages, salary, commission,
bonus, or other compensation for personal services or any
periodic payments pursuant to a pension or retirement
program), the defendant is entitled to receive amounts that
are exempt from garnishment under federal and state law.
You must pay the exempt amounts to the defendant on the
day you would customarily pay the compensation or other
periodic payment. As more fully explained in the answer,
the basic exempt amount is the greater of seventy-five
percent of disposable earnings or a minimum amount
determined by reference to the employee’s pay period, to be
calculated as provided in the answer. However, if this writ
carries a statement in the heading that "This garnishment is
based on a judgment or court order for child support," the
basic exempt amount is forty percent of disposable earnings.
IF THIS IS A WRIT FOR A CONTINUING LIEN ON
EARNINGS, YOU MAY DEDUCT A PROCESSING FEE
FROM THE REMAINDER OF THE EMPLOYEE’S EARNINGS AFTER WITHHOLDING UNDER THIS WRIT.
THE PROCESSING FEE MAY NOT EXCEED TWENTY
DOLLARS FOR THE FIRST ANSWER AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND
ANSWER.
If you owe the defendant a debt payable in money in
excess of the amount set forth in the first paragraph of this
writ, hold only the amount set forth in the first paragraph
and any processing fee if one is charged and release all
additional funds or property to defendant.
6.27.095 Garnishee’s processing fees. (1) The
garnishee of a writ for a continuing lien on earnings may
deduct a processing fee from the remainder of the obligor’s
earnings after withholding the required amount under the
writ. The processing fee may not exceed twenty dollars for
the first answer and ten dollars at the time the garnishee
submits the second answer.
(2) If the writ of garnishment is not a writ for a continuing lien on earnings, the garnishee is entitled to check or
money order payable to the garnishee in the amount of
twenty dollars at the time the writ of garnishment is served
on the garnishee as required under RCW 6.27.110(1). [1998
c 227 § 2; 1997 c 296 § 3.]
6.27.100 Form of writ. The writ shall be substantially in the following form: PROVIDED, That if the writ is
issued under a court order or judgment for child support, the
following statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or court
order for child support": AND PROVIDED FURTHER,
That if the garnishment is for a continuing lien, the form
shall be modified as provided in RCW 6.27.340: AND
PROVIDED FURTHER, That if the writ is not directed to
an employer for the purpose of garnishing a defendant’s
earnings, the paragraph relating to the earnings exemption
may be omitted and the paragraph relating to the deduction
of processing fees may be omitted:
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . . . . . . . . . . . . . . .,
Plaintiff,
vs.
. . . . . . . . . . . . . . . . .,
Defendant
. . . . . . . . . . . . . . . . .,
Garnishee
No. . . . .
WRIT OF
GARNISHMENT
THE STATE OF WASHINGTON TO: . . . . . . . . . . . . .
Garnishee
AND TO:
.................................
Defendant
[Title 6 RCW—page 32]
Balance on Judgment or Amount of Claim
Interest under Judgment from . . . . to . . . .
Taxable Costs and Attorneys’ Fees
Estimated Garnishment Costs:
Filing Fee
Service and Affidavit Fees
Postage and Costs of Certified Mail
Answer Fee or Fees (If applicable)
Garnishment Attorney Fee
Other
$....
$....
$....
$
$
$
$
$
$
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
(2002 Ed.)
Garnishment
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE ENTERED
AGAINST YOU FOR THE FULL AMOUNT OF THE
PLAINTIFF’S CLAIM AGAINST THE DEFENDANT
WITH ACCRUING INTEREST, ATTORNEY FEES, AND
COSTS WHETHER OR NOT YOU OWE ANYTHING TO
THE DEFENDANT. IF YOU PROPERLY ANSWER THIS
WRIT, ANY JUDGMENT AGAINST YOU WILL NOT
EXCEED THE AMOUNT OF ANY NONEXEMPT DEBT
OR THE VALUE OF ANY NONEXEMPT PROPERTY OR
EFFECTS IN YOUR POSSESSION OR CONTROL.
JUDGMENT MAY ALSO BE ENTERED AGAINST
THE DEFENDANT FOR COSTS AND FEES INCURRED
BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the aboveentitled Court, and the seal thereof, this . . . . day of
. . . . . ., 20. . .
[Seal]
...................
Attorney for
Plaintiff (or
Plaintiff,
if no attorney)
...................
Address
...................
Clerk of
the Court
...................
By
...................
Address"
[2000 c 72 § 3; 1998 c 227 § 3; 1997 c 296 § 2; 1988 c 231
§ 25; 1987 c 442 § 1010; 1981 c 193 § 4; 1969 ex.s. c 264
§ 11. Formerly RCW 7.33.110.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.110 Service of writ generally—Forms—
Requirements for financial institution—Return. (1)
Service of the writ of garnishment on the garnishee is invalid
unless the writ is served together with: (a) Four answer
forms as prescribed in RCW 6.27.190; (b) three stamped
envelopes addressed respectively to the clerk of the court
issuing the writ, the attorney for the plaintiff (or to the
plaintiff if the plaintiff has no attorney), and the defendant;
and (c) check or money order made payable to the garnishee
in the amount of twenty dollars for the answer fee if the writ
of garnishment is not a writ for a continuing lien on earnings.
(2) Except as provided in RCW 6.27.080 for service on
a bank, savings and loan association, or credit union, the writ
of garnishment shall be mailed to the garnishee by certified
mail, return receipt requested, addressed in the same manner
as a summons in a civil action, and will be binding upon the
garnishee on the day set forth on the return receipt. In the
alternative, the writ shall be served by the sheriff of the
county in which the garnishee lives or has its place of
business or by any person qualified to serve process in the
same manner as a summons in a civil action is served.
(3) If a writ of garnishment is served by a sheriff, the
sheriff shall file with the clerk of the court that issued the
writ a signed return showing the time, place, and manner of
service and that the writ was accompanied by answer forms,
addressed envelopes, and check or money order if required
(2002 Ed.)
6.27.100
by this section, and noting thereon fees for making the
service. If service is made by any person other than a
sheriff, such person shall file an affidavit including the same
information and showing qualifications to make such service.
If a writ of garnishment is served by mail, the person
making the mailing shall file an affidavit showing the time,
place, and manner of mailing and that the writ was accompanied by answer forms and addressed envelopes, and check or
money order if required by this section, and shall attach the
return receipt to the affidavit. [1998 c 227 § 4; 1997 c 296
§ 4; 1988 c 231 § 26; 1987 c 442 § 1011; 1981 c 193 § 5;
1971 ex.s. c 292 § 8; 1970 ex.s. c 61 § 11; 1969 ex.s. c 264
§ 13. Formerly RCW 7.33.130.]
Rules of court: Cf. SPR 91.04W(a), (b), and (e).
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
6.27.120 Effect of service of writ. (1) From and after
the service of a writ of garnishment, it shall not be lawful,
except as provided in this chapter or as directed by the court,
for the garnishee to pay any debt owing to the defendant at
the time of such service, or to deliver, sell or transfer, or
recognize any sale or transfer of, any personal property or
effects belonging to the defendant in the garnishee’s possession or under the garnishee’s control at the time of such
service; and any such payment, delivery, sale or transfer
shall be void and of no effect as to so much of said debt,
personal property or effects as may be necessary to satisfy
the plaintiff’s demand.
(2) This section shall have no effect as to any portion of
a debt that is exempt from garnishment.
(3) The garnishee shall incur no liability for releasing
funds or property in excess of the amount stated in the writ
of garnishment if the garnishee continues to hold an amount
equal to the amount stated in the writ of garnishment. [1987
c 442 § 1012; 1969 ex.s. c 264 § 14. Formerly RCW
7.33.140.]
6.27.130 Mailing of writ and judgment or affidavit
to judgment debtor—Mailing of notice and claim form if
judgment debtor is an individual—Service—Return. (1)
When a writ is issued under a judgment, on or before the
date of service of the writ on the garnishee, the judgment
creditor shall mail or cause to be mailed to the judgment
debtor, by certified mail, addressed to the last known post
office address of the judgment debtor, (a) a copy of the writ
and a copy of the judgment or, if it is a district court
judgment, a copy of the judgment creditor’s affidavit
submitted in application for the writ, and (b) if the judgment
debtor is an individual, the notice and claim form prescribed
in RCW 6.27.140. In the alternative, on or before the day
of the service of the writ on the garnishee or within two
days thereafter, the stated documents shall be served on the
judgment debtor in the same manner as is required for
personal service of summons upon a party to an action.
(2) The requirements of this section shall not be
jurisdictional, but (a) no disbursement order or judgment
against the garnishee defendant shall be entered unless there
is on file the return or affidavit of service or mailing
required by subsection (3) of this section, and (b) if the
copies of the writ and judgment or affidavit, and the notice
[Title 6 RCW—page 33]
6.27.130
Title 6 RCW: Enforcement of Judgments
and claim form if the defendant is an individual, are not
mailed or served as herein provided, or if any irregularity
appears with respect to the mailing or service, the court, in
its discretion, on motion of the judgment debtor promptly
made and supported by affidavit showing that the judgment
debtor has suffered substantial injury from the plaintiff’s
failure to mail or otherwise to serve such copies, may set
aside the garnishment and award to the judgment debtor an
amount equal to the damages suffered because of such
failure.
(3) If the service on the judgment debtor is made by a
sheriff, the sheriff shall file with the clerk of the court that
issued the writ a signed return showing the time, place, and
manner of service and that the copy of the writ was accompanied by a copy of a judgment or affidavit, and by a notice
and claim form if required by this section, and shall note
thereon fees for making such service. If service is made by
any person other than a sheriff, such person shall file an
affidavit including the same information and showing
qualifications to make such service. If service on the judgment debtor is made by mail, the person making the mailing
shall file an affidavit including the same information as
required for return on service and, in addition, showing the
address of the mailing and attaching the return receipt or the
mailing should it be returned to the sender as undeliverable.
[1988 c 231 § 27; 1987 c 442 § 1013; 1969 ex.s. c 264 § 32.
Formerly RCW 7.33.320.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.140 Form of returns under RCW 6.27.130. (1)
The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the
following form, printed or typed in type no smaller than elite
type:
NOTICE OF GARNISHMENT
AND OF YOUR RIGHTS
A Writ of Garnishment issued by a Washington
court has been or will be served on the garnishee
named in the attached copy of the writ. After
receipt of the writ, the garnishee is required to
withhold payment of any money that was due to
you and to withhold any other property of yours
that the garnishee held or controlled. This notice
of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION
RIGHTS:
WAGES. If the garnishee is your employer who
owes wages or other personal earnings to you, your
employer is required to pay amounts to you that are
exempt under state and federal laws, as explained
in the writ of garnishment. You should receive a
copy of your employer’s answer, which will show
how the exempt amount was calculated. If the
garnishment is for child support, the exempt
amount paid to you will be forty percent of wages
due you, but if you are supporting a spouse or
dependent child, you are entitled to claim an
additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or
other institution with which you have an account in
which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental
Security Income (SSI), Social Security, veterans’
benefits, unemployment compensation, or a United
States pension, you may claim the account as fully
exempt if you have deposited only such benefit
funds in the account. It may be partially exempt
even though you have deposited money from other
sources in the same account. An exemption is also
available under RCW 26.16.200, providing that
funds in a community bank account that can be
identified as the earnings of a stepparent are exempt from a garnishment on the child support
obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds
other property of yours, some or all of it may be
exempt under RCW 6.15.010, a Washington statute
that exempts up to five hundred dollars of property
of your choice (including up to one hundred dollars
in cash or in a bank account) and certain property
such as household furnishings, tools of trade, and
a motor vehicle (all limited by differing dollar
values).
HOW TO CLAIM EXEMPTIONS. Fill out the
enclosed claim form and mail or deliver it as
described in instructions on the claim form. If the
plaintiff does not object to your claim, the funds or
other property that you have claimed as exempt
must be released not later than 10 days after the
plaintiff receives your claim form. If the plaintiff
objects, the law requires a hearing not later than 14
days after the plaintiff receives your claim form,
and notice of the objection and hearing date will be
mailed to you at the address that you put on the
claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE
AND OTHER RIGHTS, BUT YOU MUST ACT
IMMEDIATELY TO AVOID LOSS OF RIGHTS
BY DELAY.
(2) The claim form required by RCW 6.27.130(1) to be
mailed to or served on an individual judgment debtor shall
be in the following form, printed or typed in type no smaller
than elite type:
[Caption to be filled in by judgment creditor
or plaintiff before mailing.]
....................
Name of Court
...................
Plaintiff,
No. . . . . .
vs.
...................
Defendant,
EXEMPTION CLAIM
...................
[Title 6 RCW—page 34]
(2002 Ed.)
Garnishment
Garnishee Defendant
INSTRUCTIONS:
6.27.140
...................
Print: Your name
...................
If married,
name of husband/wife
1.
Read this whole form after reading the enclosed notice.
Then put an X in the box or boxes that describe your
exemption claim or claims and write in the necessary
information on the blank lines.
...................
Your signature
...................
Signature of husband
or wife
2.
Make two copies of the completed form. Deliver the
original form by first class mail or in person to the clerk
of the court, whose address is shown at the bottom of
the writ of garnishment. Deliver one of the copies by
first class mail or in person to the plaintiff or plaintiff’s
attorney, whose name and address are shown at the
bottom of the writ. Keep the other copy. YOU
SHOULD DO THIS AS QUICKLY AS POSSIBLE,
BUT NO LATER THAN 28 DAYS (4 WEEKS)
AFTER THE DATE ON THE WRIT.
...................
...................
...................
Address
...................
Address
(if different from yours)
...................
Telephone number
...................
Telephone number
(if different from yours)
I/We claim the following money or property as exempt:
IF BANK ACCOUNT IS GARNISHED:
[ ] The account contains payments from:
[ ] Temporary assistance for needy families, SSI, or
other public assistance. I receive $. . . . . monthly.
[ ] Social Security. I receive $. . . . . monthly.
[ ] Veterans’ Benefits. I receive $. . . . . monthly.
[ ] U.S. Government Pension. I receive $. . . . .
monthly.
[ ] Unemployment Compensation. I receive $. . . . .
monthly.
[ ] Child support. I receive $. . . . . monthly.
[ ] Other. Explain . . . . . . . . . . . . . . . . . . . . . . .
...................................
IF EXEMPTION IN BANK ACCOUNT IS CLAIMED,
ANSWER ONE OR BOTH OF THE FOLLOWING:
[ ] No money other than from above payments are in
the account.
[ ] Moneys in addition to the above payments have
been deposited in the account. Explain . . . . . .
...................................
...................................
IF EARNINGS ARE GARNISHED FOR CHILD SUPPORT:
[ ] I claim maximum exemption.
[ ] I am supporting another child or other children.
[ ] I am supporting a husband or a wife.
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED:
[ ] Name and address of employer who is paying the
benefits: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......................................
OTHER PROPERTY:
[ ] Describe property . . . . . . . . . . . . . . . . . . . . . . . . .
......................................
(If you claim other personal property as exempt, you
must attach a list of all other personal property that you
own.)
(2002 Ed.)
CAUTION: If the plaintiff objects to your claim, you will
have to go to court and give proof of your claim. For
example, if you claim that a bank account is exempt, you
may have to show the judge your bank statements and
papers that show the source of the money you deposited in
the bank. Your claim may be granted more quickly if you
attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM,
YOU WILL HAVE TO PAY THE PLAINTIFF’S COSTS.
IF THE JUDGE DECIDES THAT YOU DID NOT MAKE
THE CLAIM IN GOOD FAITH, HE OR SHE MAY
DECIDE THAT YOU MUST PAY THE PLAINTIFF’S
ATTORNEY FEES.
[1997 c 59 § 2; 1987 c 442 § 1014.]
6.27.150 Exemption of earnings—Amount. (1)
Except as provided in subsection (2) of this section, if the
garnishee is an employer owing the defendant earnings, then
for each week of such earnings, an amount shall be exempt
from garnishment which is the greatest of the following:
(a) Thirty times the federal minimum hourly wage
prescribed by section 206(a)(1) of Title 29 of the United
States Code in effect at the time the earnings are payable; or
(b) Seventy-five percent of the disposable earnings of
the defendant.
(2) In the case of a garnishment based on a judgment or
other court order for child support or court order for spousal
maintenance, other than a mandatory wage assignment order
pursuant to chapter 26.18 RCW, or a mandatory assignment
of retirement benefits pursuant to chapter 41.50 RCW, the
exemption shall be fifty percent of the disposable earnings
of the defendant if the individual is supporting a spouse or
dependent child (other than a spouse or child on whose
behalf the garnishment is brought), or forty percent of the
disposable earnings of the defendant if the individual is not
supporting such a spouse or dependent child.
(3) The exemptions stated in this section shall apply
whether such earnings are paid, or are to be paid, weekly,
monthly, or at other intervals, and whether earnings are due
the defendant for one week, a portion thereof, or for a longer
period.
(4) Unless directed otherwise by the court, the garnishee
shall determine and deduct exempt amounts under this
section as directed in the writ of garnishment and answer,
and shall pay these amounts to the defendant.
[Title 6 RCW—page 35]
6.27.150
Title 6 RCW: Enforcement of Judgments
(5) No money due or earned as earnings as defined in
RCW 6.27.010 shall be exempt from garnishment under the
provisions of RCW 6.15.010, as now or hereafter amended.
[1991 c 365 § 26; 1987 c 442 § 1015; 1981 c 193 § 6; 1971
c 6 § 1; 1970 ex.s. c 61 § 3; 1969 ex.s. c 264 § 28.
Formerly RCW 7.33.280.]
Severability—1991 c 365: See note following RCW 41.50.500.
6.27.160 Claiming exemptions—Form—Hearing—
Attorney’s fees—Costs—Release of funds or property.
(1) A defendant may claim exemptions from garnishment in
the manner specified by the statute that creates the exemption or by delivering to or mailing by first class mail to the
clerk of the court out of which the writ was issued a
declaration in substantially the following form or in the form
set forth in RCW 6.27.140 and mailing a copy of the form
by first class mail to the plaintiff or plaintiff’s attorney at the
address shown on the writ of garnishment, all not later than
twenty-eight days after the date stated on the writ except that
the time shall be extended to allow a declaration mailed or
delivered to the clerk within twenty-one days after service of
the writ on the garnishee if service on the garnishee is
delayed more than seven days after the date of the writ.
[NAME OF COURT]
...................
Plaintiff
No. . . . . .
...................
Defendant
CLAIM OF EXEMPTION
...................
Garnishee
I/We claim the following described property or money as
exempt from execution:
..........................................
..........................................
..........................................
I/We believe the property is exempt because:
..........................................
..........................................
..........................................
...................
Print name
...................
Print name of spouse,
if married
...................
Signature
...................
Signature
...................
Address
...................
Address
...................
...................
Telephone number
...................
...................
Telephone number
...................
...................
(2) A plaintiff who wishes to object to an exemption
claim must, not later than seven days after receipt of the
claim, cause to be delivered or mailed to the defendant by
first class mail, to the address shown on the exemption
[Title 6 RCW—page 36]
claim, a declaration by self, attorney, or agent, alleging the
facts on which the objection is based, together with notice of
date, time, and place of a hearing on the objection, which
hearing the plaintiff must cause to be noted for a hearing
date not later than fourteen days after the receipt of the
claim. After a hearing on an objection to an exemption
claim, the court shall award costs to the prevailing party and
may also award an attorney’s fee to the prevailing party if
the court concludes that the exemption claim or the objection
to the claim was not made in good faith. The defendant
bears the burden of proving any claimed exemption, including the obligation to provide sufficient documentation to
identify the source and amount of any claimed exempt funds.
(3) If the plaintiff elects not to object to the claim of exemption, the plaintiff shall, not later than ten days after
receipt of the claim, obtain from the court and deliver to the
garnishee an order directing the garnishee to release such
part of the debt, property, or effects as is covered by the
exemption claim. If the plaintiff fails to obtain and deliver
the order as required or otherwise to effect release of the
exempt funds or property, the defendant shall be entitled to
recover fifty dollars from the plaintiff, in addition to actual
damages suffered by the defendant from the failure to release
the exempt property. [2002 c 265 § 3; 1988 c 231 § 28;
1987 c 442 § 1016.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.170 Garnished employee not to be discharged—Exception. No employer shall discharge an
employee for the reason that a creditor of the employee has
subjected or attempted to subject unpaid earnings of the
employee to a writ of garnishment directed to the employer:
PROVIDED, HOWEVER, That this provision shall not
apply if garnishments on three or more separate
indebtednesses are served upon the employer within any
period of twelve consecutive months. [1987 c 442 § 1017;
1969 ex.s. c 264 § 16. Formerly RCW 7.33.160.]
6.27.175 Employee separated from employment due
to wage garnishment not disqualified for unemployment
compensation. See RCW 50.20.045.
6.27.180 Bond to discharge writ. If the defendant in
the principal action causes a bond to be executed to the
plaintiff with sufficient sureties, to be approved by the
officer having the writ of garnishment or by the clerk of the
court out of which the writ was issued, conditioned that the
defendant will perform the judgment of the court, the writ of
garnishment shall, upon the filing of said bond with the
clerk, be immediately discharged, and all proceedings under
the writ shall be vacated: PROVIDED, That the garnishee
shall not be thereby deprived from recovering any costs in
said proceeding, to which the garnishee would otherwise be
entitled under this chapter. The bond shall be part of the
record and, if judgment is against the defendant, it shall be
entered against defendant and the sureties. [1988 c 231 §
29; 1987 c 442 § 1018; 1969 ex.s. c 264 § 17. Formerly
RCW 7.33.170.]
Severability—1988 c 231: See note following RCW 6.01.050.
(2002 Ed.)
Garnishment
6.27.190 Answer of garnishee—Contents—Forms.
The answer of the garnishee shall be signed by the garnishee
or attorney or if the garnishee is a corporation, by an officer,
attorney or duly authorized agent of the garnishee, under
penalty of perjury, and the original delivered, either personally or by mail, to the clerk of the court that issued the writ,
one copy to the plaintiff or the plaintiff’s attorney, and one
copy to the defendant. The answer shall be made on a form
substantially as appears in this section, served on the
garnishee with the writ, with minimum exemption amounts
for the different pay periods filled in by the plaintiff before
service of the answer forms: PROVIDED, That, if the
garnishment is for a continuing lien, the answer forms shall
be as prescribed in RCW 6.27.340 and 6.27.350: AND
PROVIDED FURTHER, That if the writ is not directed to
an employer for the purpose of garnishing the defendant’s
wages, paragraphs relating to the earnings exemptions may
be omitted.
IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
...................
Plaintiff
vs.
...................
Defendant
...................
Garnishee Defendant
NO. . . . . .
ANSWER
TO WRIT OF
GARNISHMENT
On the date the writ of garnishment was issued by the
court as indicated by the date appearing on the last page of
the writ, defendant (check one) . . . was . . . was not
employed by garnishee; defendant (check one) . . . did . . .
did not maintain a financial account with garnishee; and garnishee (check one) . . . did . . . did not have possession of
or control over any funds, personal property, or effects of
defendant.
At the time of service of the writ of garnishment on the
garnishee there was due and owing from the garnishee to the
above-named defendant $ . . . . . . (On the reverse side of
this answer form, or on an attached page, give an explanation of the dollar amount stated, or give reasons why there
is uncertainty about your answer.)
If the above amount or any part of it is for personal
earnings (that is, compensation payable for personal services,
whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a pension
or retirement program): Garnishee has deducted from this
amount $ . . . . . which is the exemption to which the
defendant is entitled, leaving $ . . . . . . that garnishee holds
under the writ. The exempt amount is calculated as follows:
Total compensation due defendant
$......
LESS deductions for social security
and withholding taxes and any
other deduction required by law
(list separately and identify)
$......
Disposable earnings
$......
If the title of this writ indicates that this is a garnishment under a child support judgment, enter forty percent of
disposable earnings: $ . . . . . . This amount is exempt and
(2002 Ed.)
6.27.190
must be paid to the defendant at the regular pay time after
deducting any processing fee you may charge.
If this is not a garnishment for child support, enter
seventy-five percent of disposable earnings: $ . . . . . . .
From the listing in the following paragraph, choose the
amount for the relevant pay period and enter that amount:
$ . . . . . . (If amounts for more than one pay period are
due, multiply the preceding amount by the number of pay
periods and/or fraction of pay period for which amounts are
due and enter that amount: $ . . . . . .) The greater of the
amounts entered in this paragraph is the exempt amount and
must be paid to the defendant at the regular pay time after
deducting any processing fee you may charge.
Minimum exempt amounts for different pay periods:
Weekly $ . . . . . .; Biweekly $ . . . . . .; Semimonthly
$ . . . . . .; Monthly $ . . . . . .
List all of the personal property or effects of defendant
in the garnishee’s possession or control when the writ was
served. (Use the reverse side of this answer form or attach
a schedule if necessary.)
An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined
this answer, including accompanying schedules, and to the
best of my knowledge and belief it is true, correct, and
complete.
...................
Signature of
Garnishee Defendant
...................
Date
...................
Signature of person
answering for
garnishee
...................
Connection with
garnishee
...................
...................
Address of Garnishee
[2000 c 72 § 4; 1997 c 296 § 5; 1988 c 231 § 30; 1987 c
442 § 1019; 1969 ex.s. c 264 § 15. Formerly RCW
7.33.150.]
Rules of court: Cf. SPR 91.04W(c).
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.200 Default judgment—Reduction upon motion
of garnishee—Attorney’s fees. If the garnishee fails to
answer the writ within the time prescribed in the writ, after
the time to answer the writ has expired and after required
returns or affidavits have been filed, showing service on the
garnishee and service on or mailing to the defendant, it shall
be lawful for the court to render judgment by default against
such garnishee, after providing a notice to the garnishee by
personal service or first class mail deposited in the mail at
least ten calendar days prior to entry of the judgment, for the
full amount claimed by the plaintiff against the defendant, or
in case the plaintiff has a judgment against the defendant, for
the full amount of the plaintiff’s unpaid judgment against the
defendant with all accruing interest and costs as prescribed
in RCW 6.27.090: PROVIDED, That upon motion by the
garnishee at any time within seven days following service
on, or mailing to, the garnishee of a copy of a writ of
[Title 6 RCW—page 37]
6.27.200
Title 6 RCW: Enforcement of Judgments
execution or a writ of garnishment under such judgment, the
judgment against the garnishee shall be reduced to the
amount of any nonexempt funds or property which was
actually in the possession of the garnishee at the time the
writ was served, plus the cumulative amount of the nonexempt earnings subject to the lien provided for in RCW
6.27.350, or the sum of one hundred dollars, whichever is
more, but in no event to exceed the full amount claimed by
the plaintiff or the amount of the unpaid judgment against
the principal defendant plus all accruing interest and costs
and attorney’s fees as prescribed in RCW 6.27.090, and in
addition the plaintiff shall be entitled to a reasonable
attorney’s fee for the plaintiff’s response to the garnishee’s
motion to reduce said judgment against the garnishee under
this proviso and the court may allow additional attorney’s
fees for other actions taken because of the garnishee’s failure
to answer. [1997 c 296 § 6; 1988 c 231 § 31; 1987 c 442
§ 1020; 1970 ex.s. c 61 § 10; 1969 ex.s. c 264 § 19.
Formerly RCW 7.33.190.]
Rules of court: CR 55, JCR 55.
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.210 Answer of garnishee may be controverted
by plaintiff or defendant. If the garnishee files an answer,
either the plaintiff or the defendant, if not satisfied with the
answer of the garnishee, may controvert within twenty days
after the filing of the answer, by filing an affidavit in writing
signed by the controverting party or attorney or agent, stating
that the affiant has good reason to believe and does believe
that the answer of the garnishee is incorrect, stating in what
particulars the affiant believes the same is incorrect. Copies
of the affidavit shall be served on or mailed by first class
mail to the garnishee at the address indicated on the answer
or, if no address is indicated, at the address to or at which
the writ was mailed or served, and to the other party, at the
address shown on the writ if the defendant controverts, or at
the address to or at which the copy of the writ of garnishment was mailed or served on the defendant if the plaintiff
controverts, unless otherwise directed in writing by the
defendant or defendant’s attorney. [1987 c 442 § 1021;
1969 ex.s. c 264 § 24. Formerly RCW 7.33.240.]
6.27.220 Controversion—Procedure. If the answer
of the garnishee is controverted, as provided in RCW
6.27.210, the garnishee may respond by affidavit of the
garnishee, the garnishee’s attorney or agent, within twenty
days of the filing of the controverting affidavit, with copies
served on or mailed by first class mail to the plaintiff at the
address shown on the writ and to the defendant as provided
in RCW 6.27.210. Upon the expiration of the time for
garnishee’s response, the matter may be noted by any party
for hearing before a commissioner or presiding judge for a
determination whether an issue is presented that requires a
trial. If a trial is required, it shall be noted as in other cases,
but no pleadings shall be necessary on such issue other than
the affidavit of the plaintiff, the answer of the garnishee and
the reply of the plaintiff or defendant controverting such answer, unless otherwise ordered by the court. [1987 c 442 §
1022; 1969 ex.s. c 264 § 26. Formerly RCW 7.33.260.]
[Title 6 RCW—page 38]
6.27.230 Controversion—Costs and attorney’s fees.
Where the answer is controverted, the costs of the proceeding, including a reasonable compensation for attorney’s fees,
shall be awarded to the prevailing party: PROVIDED, That
no costs or attorney’s fees in such contest shall be taxable to
the defendant in the event of a controversion by the plaintiff.
[1987 c 442 § 1023; 1969 ex.s. c 264 § 29. Formerly RCW
7.33.290.]
6.27.240 Discharge of garnishee. If it appears from
the answer of the garnishee that the garnishee was not
indebted to the defendant when the writ of garnishment was
served, and that the garnishee did not have possession or
control of any personal property or effects of the defendant,
and if an affidavit controverting the answer of the garnishee
is not filed within twenty days of the filing of the answer, as
provided in this chapter, the garnishee shall stand discharged
without further action by the court or the garnishee and shall
have no further liability. [1987 c 442 § 1024; 1969 ex.s. c
264 § 18. Formerly RCW 7.33.180.]
6.27.250 Judgment against garnishee—Procedure if
debt not mature. (1)(a) If it appears from the answer of
the garnishee or if it is otherwise made to appear that the
garnishee was indebted to the defendant in any amount, not
exempt, when the writ of garnishment was served, and if the
required return or affidavit showing service on or mailing to
the defendant is on file, the court shall render judgment for
the plaintiff against such garnishee for the amount so
admitted or found to be due to the defendant from the
garnishee, unless such amount exceeds the amount of the
plaintiff’s claim or judgment against the defendant with
accruing interest and costs and attorney’s fees as prescribed
in RCW 6.27.090, in which case it shall be for the amount
of such claim or judgment, with said interest, costs, and fees.
In the case of a superior court garnishment, the court shall
order the garnishee to pay to the plaintiff through the
registry of the court the amount of the judgment against the
garnishee, the clerk of the court shall note receipt of any
such payment, and the clerk of the court shall disburse the
payment to the plaintiff. In the case of a district court
garnishment, the court shall order the garnishee to pay the
judgment amount directly to the plaintiff. In either case, the
court shall inform the garnishee that failure to pay the
amount may result in execution of the judgment, including
garnishment.
(b) If, prior to judgment, the garnishee tenders to the
plaintiff or to the court any amounts due, such tender will
support judgment against the garnishee in the amount so
tendered, subject to any exemption claimed within the time
required in RCW 6.27.160 after the amounts are tendered,
and subject to any controversion filed within the time
required in RCW 6.27.210 after the amounts are tendered.
Any amounts tendered to the court by or on behalf of the
garnishee or the defendant prior to judgment shall be
disbursed to the party entitled to same upon entry of judgment or order, and any amounts so tendered after entry of
judgment or order shall be disbursed upon receipt to the
party entitled to same.
(2) If it shall appear from the answer of the garnishee
and the same is not controverted, or if it shall appear from
(2002 Ed.)
Garnishment
the hearing or trial on controversion or by stipulation of the
parties that the garnishee is indebted to the principal defendant in any sum, but that such indebtedness is not matured
and is not due and payable, and if the required return or affidavit showing service on or mailing to the defendant is on
file, the court shall make an order requiring the garnishee to
pay such sum into court when the same becomes due, the
date when such payment is to be made to be specified in the
order, and in default thereof that judgment shall be entered
against the garnishee for the amount of such indebtedness so
admitted or found due. In case the garnishee pays the sum
at the time specified in the order, the payment shall operate
as a discharge, otherwise judgment shall be entered against
the garnishee for the amount of such indebtedness, which
judgment shall have the same force and effect, and be
enforced in the same manner as other judgments entered
against garnishees as provided in this chapter: PROVIDED,
That if judgment is rendered in favor of the principal
defendant, or if any judgment rendered against the principal
defendant is satisfied prior to the date of payment specified
in an order of payment entered under this subsection, the
garnishee shall not be required to make the payment, nor
shall any judgment in such case be entered against the
garnishee.
(3) The court shall, upon request of the plaintiff at the
time judgment is rendered against the garnishee or within
one year thereafter, or within one year after service of the
writ on the garnishee if no judgment is taken against the
garnishee, render judgment against the defendant for recoverable garnishment costs and attorney fees. However, if it
appears from the answer of garnishee or otherwise that, at
the time the writ was issued, the garnishee held no funds,
personal property, or effects of the defendant and, in the case
of a garnishment on earnings, the defendant was not employed by the garnishee, or, in the case of a writ directed to
a financial institution, the defendant maintained no account
therein, then the plaintiff may not be awarded judgment
against the defendant for such costs or attorney fees. [2000
c 72 § 5; 1988 c 231 § 32; 1987 c 442 § 1025; 1969 ex.s. c
264 § 20. Formerly RCW 7.33.200.]
Rules of court: Cf. SPR 91.04W(d).
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.260 Execution on judgment against garnishee.
Execution may be issued on the judgment against the
garnishee in the same manner as upon any other judgment.
The amount made upon any such execution shall be paid by
the officer executing it to the clerk of the court from which
the execution was issued; and, in cases where judgment has
been rendered against the defendant, the amount made on the
execution shall be applied to the satisfaction of the judgment,
interest and costs against the defendant. In case judgment
has not been rendered against the defendant at the time
execution issued against the garnishee is returned, any
amount made on the execution shall be paid to the clerk of
the court from which the execution issued, who shall retain
the same until judgment is rendered in the action between
the plaintiff and defendant. In case judgment is rendered in
favor of the plaintiff, the amount made on the execution
against the garnishee shall be applied to the satisfaction of
such judgment and the surplus, if any, shall be paid to the
(2002 Ed.)
6.27.250
defendant. In case judgment is rendered in favor of the
defendant, the amount made on the execution against the
garnishee shall be paid to the defendant. [1987 c 442 §
1026; 1969 ex.s. c 264 § 21. Formerly RCW 7.33.210.]
6.27.265 Form for judgment against garnishee. The
judgment on garnishee’s answer or tendered funds, and for
costs against defendant, and the order to pay funds shall be
substantially in the following form:
IN THE . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . .
...................
Plaintiff
vs.
NO. . . . . .
JUDGMENT AND ORDER
TO PAY
(Clerk’s Action Required)
...................
Defendant
...................
Garnishee
Judgment Summary
Judgment Creditor
...................
Garnishment Judgment Debtor . . . . . . . . . . . . . . . . . . .
Garnishment Judgment Amount
...
...............
Costs Judgment Debtor
...................
Costs Judgment Amount
...................
Judgments to bear interest at
. . . . . . . . . . . . . . . . . . .%
Attorney for Judgment Creditor
..................
IT APPEARING THAT garnishee was indebted to
defendant in the nonexempt amount of $ . . . . . .; that at the
time the writ of garnishment was issued defendant was
employed by or maintained a financial institution account
with garnishee, or garnishee had in its possession or control
funds, personal property, or effects of defendant; and that
plaintiff has incurred recoverable costs and attorney fees of
$. . . .; now, therefore, it is hereby
ORDERED, ADJUDGED, AND DECREED that
plaintiff is awarded judgment against garnishee in the
amount of $. . . .; that plaintiff is awarded judgment against
defendant in the amount of $ . . . . . . for recoverable costs;
that, if this is a superior court order, garnishee shall pay its
judgment amount to plaintiff through the registry of the
court, and the clerk of the court shall note receipt thereof
and forthwith disburse such payment to plaintiff; that, if this
is a district court order, garnishee shall pay its judgment
amount to plaintiff directly or through plaintiff’s attorney,
and if any payment is received by the clerk of the court, the
clerk shall forthwith disburse such payment to plaintiff.
Garnishee is advised that the failure to pay its judgment
amount may result in execution of the judgment, including
garnishment.
DONE IN OPEN COURT this . . . . . . day of . . . .,
20. .
[Title 6 RCW—page 39]
6.27.265
Title 6 RCW: Enforcement of Judgments
...............
Judge/Court Commissioner
Presented by:
...............
Attorney for Plaintiff
[2000 c 72 § 6.]
6.27.270 Decree directing garnishee to deliver up
effects—Disposition. If it appears from the garnishee’s
answer or otherwise that the garnishee had possession or
control, when the writ was served, of any personal property
or effects of the defendant liable to execution, and if the
required return or affidavit showing service on or mailing to
the defendant is on file, the court shall render a decree
requiring the garnishee to deliver up to the sheriff on demand, and after making arrangements with the sheriff as to
time and place of delivery, such personal property or effects
or so much of them as may be necessary to satisfy the
plaintiff’s claim. If a judgment has been rendered in favor
of the plaintiff against the defendant, such personal property
or effects may be sold in the same manner as any other
property is sold upon an execution issued on said judgment.
If judgment has not been rendered in the principal action, the
sheriff shall retain possession of the personal property or
effects until the rendition of judgment therein, and, if
judgment is thereafter rendered in favor of the plaintiff, said
personal property or effects, or sufficient of them to satisfy
such judgment, may be sold in the same manner as other
property is sold on execution, by virtue of an execution
issued on the judgment in the principal action. If judgment
is rendered in the action against the plaintiff and in favor of
the defendant, such effects and personal property shall be
returned to the defendant by the sheriff: PROVIDED,
HOWEVER, That if such effects or personal property are of
a perishable nature, or the interests of the parties will be
subserved by making a sale thereof before judgment, the
court may order a sale thereof by the sheriff in the same
manner as sales upon execution are made, and the proceeds
of such sale shall be paid to the clerk of the court that issued
the writ, and the same disposition shall be made of the proceeds at the termination of the action as would have been
made of the personal property or effects under the provisions
of this section in case the sale had not been made. [1988 c
231 § 33; 1987 c 442 § 1027; 1969 ex.s. c 264 § 22.
Formerly RCW 7.33.220.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.280 Procedure upon failure of garnishee to
deliver. If the garnishee, adjudged to have effects or
personal property of the defendant in possession or under
control as provided in RCW 6.27.270, fails or refuses to deliver them to the sheriff on such demand, the officer shall
immediately make return of such failure or refusal, whereupon, on motion of the plaintiff, the garnishee shall be cited to
show cause why he or she should not be found in contempt
of court for such failure or refusal, and should the garnishee
fail to show some good and sufficient excuse for such failure
and refusal, he or she shall be fined for such contempt and
[Title 6 RCW—page 40]
imprisoned until he or she shall deliver such personal
property or effects. [1987 c 442 § 1028; 1969 ex.s. c 264 §
23. Formerly RCW 7.33.230.]
6.27.290 Similarity of names—Procedure. (1) If the
garnishee in the answer states that the garnishee at the time
of the service of the writ was indebted to or had possession
or control of personal property or effects belonging to a
person with a name the same as or similar to the name of
the defendant, and stating the place of business or residence
of said person, and that the garnishee does not know whether
or not such person is the same person as the defendant, and
prays the court to determine whether or not the person is the
same person as the defendant, the court, before rendering
judgment against the garnishee defendant as hereinbefore
provided, shall conduct a hearing to take proof as to the
identity of said persons.
(2) Before the hearing on the question of identity, the
plaintiff shall cause the court to issue a citation directed to
the person identified in the garnishee’s answer, commanding
that person to appear before the court from which the
citation is issued within ten days after the service of the
same, and to answer on oath whether or not he or she is the
same person as the defendant in said action. The citation
shall be dated and attested in the same manner as a writ of
garnishment and be delivered to the plaintiff or the plaintiff’s
attorney and shall be served in the same manner as a
summons in a civil action is served.
(3) If the court finds after hearing that the persons are
not the same, the garnishee shall be discharged and shall
recover costs against the plaintiff. If the court finds that the
persons are the same, it shall make the same kind of
judgment as in other cases in which the garnishee is held
upon the garnishee’s answer, including provision for
garnishee’s costs.
(4) If the court finds after the hearing that the defendant
or judgment debtor is the same person as the person identified in the garnishee’s answer, it shall be sufficient answer
to any claim of said person against the garnishee founded on
any indebtedness of the garnishee or on the possession or
control by the garnishee of any personal property or effects
for the garnishee to show that the indebtedness was paid or
the personal property or effects were delivered under the
judgment of the court in accordance with the provisions in
this chapter. [1987 c 442 § 1029; 1969 ex.s. c 264 § 33.
Formerly RCW 7.33.330.]
6.27.300 Garnishee protected against claim of
defendant. It shall be a sufficient answer to any claim of
the defendant against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the
garnishee of any personal property or effects, for the
garnishee to show that such indebtedness was paid or such
personal property or effects were delivered under the
judgment of the court in accordance with this chapter. [1987
c 442 § 1030; 1969 ex.s. c 264 § 30. Formerly RCW
7.33.300.]
6.27.310 Dismissal of writ after one year—Notice—
Exception. In all cases where it shall appear from the
answer of the garnishee that the garnishee was indebted to
(2002 Ed.)
Garnishment
the defendant when the writ of garnishment was served, no
controversion is pending, there has been no discharge or
judgment against the garnishee entered, and one year has
passed since the filing of the answer of the garnishee, the
court, after ten days’ notice in writing to the plaintiff, shall
enter an order dismissing the writ of garnishment and
discharging the garnishee: PROVIDED, That this provision
shall have no effect if the cause of action between plaintiff
and defendant is pending on the trial calendar, or if any
party files an affidavit that the action is still pending. [1987
c 442 § 1031; 1969 ex.s. c 264 § 27. Formerly RCW
7.33.270.]
6.27.320 Dismissal of garnishment upon satisfaction
of judgment from other source—Duty of plaintiff—
Procedure—Penalty—Costs. In any case where garnishee
has answered that it is holding funds or property belonging
to defendant and plaintiff shall obtain satisfaction of the
judgment and payment of recoverable garnishment costs and
attorney fees from a source other than the garnishment, upon
written demand of the defendant or the garnishee, it shall be
the duty of plaintiff to obtain an order dismissing the
garnishment and to serve it upon the garnishee within twenty
days after the demand or the satisfaction of judgment and
payment of costs and fees, whichever shall be later. In the
event of the failure of plaintiff to obtain and serve such an
order, if garnishee continues to hold such funds or property,
defendant shall be entitled to move for dismissal of the
garnishment and shall further be entitled to a judgment
against plaintiff of one hundred dollars plus defendant’s
costs and damages. Dismissal may be on ex parte motion of
the plaintiff. [2000 c 72 § 7; 1969 ex.s. c 264 § 31.
Formerly RCW 7.33.310.]
6.27.330 Continuing lien on earnings—Authorized.
A judgment creditor may obtain a continuing lien on
earnings by a garnishment pursuant to RCW 6.27.340,
6.27.350, 6.27.360, and *7.33.390. [1987 c 442 § 1032;
1970 ex.s. c 61 § 5. Formerly RCW 7.33.350.]
6.27.310
TINUING LIEN, THE GARNISHEE SHALL
HOLD UNDER THIS WRIT only the defendant’s
nonexempt earnings that accrue from the date the
previously served writ or writs terminate and
through the last payroll period ending on or before
sixty days after the date of termination of the
previous writ or writs. IN EITHER CASE, THE
GARNISHEE SHALL STOP WITHHOLDING
WHEN THE SUM WITHHELD EQUALS THE
AMOUNT STATED IN THIS WRIT OF GARNISHMENT."
(3) The answer forms served on an employer with the
writ shall include in the caption, "ANSWER TO WRIT OF
GARNISHMENT FOR CONTINUING LIEN ON EARNINGS," and the following paragraph shall be added as the
first paragraph of the answer form prescribed in RCW
6.27.190:
"If you are withholding the defendant’s nonexempt
earnings under a previously served writ for a
continuing lien, answer only this portion of this
form and mail or deliver the forms as directed in
the writ. Withhold from the defendant’s future
nonexempt earnings as directed in the writ, and a
second set of answer forms will be forwarded to
you later.
ANSWER: I am presently holding the defendant’s
nonexempt earnings under a previous writ served
on . . . . . . that will terminate not later than
. . . . . ., 19. . .
..................
If you are NOT withholding the defendant’s
earnings under a previously served writ for a
continuing lien, answer the following portion of
this form and mail or deliver the forms as directed
in the writ. A second set of answer forms will be
forwarded to you later for subsequently withheld
earnings."
*Reviser’s note: RCW 7.33.390 was repealed by 1987 c 442.
Language substantially similar to RCW 7.33.390 was added to RCW
6.27.350.
(4) In the event plaintiff fails to comply with this
section, employer may elect to treat the garnishment as one
not creating a continuing lien. [1988 c 231 § 34; 1987 c 442
§ 1033; 1970 ex.s. c 61 § 6. Formerly RCW 7.33.360.]
6.27.340 Continuing lien on earnings—Captions—
Additions to writ and answer forms. (1) Service of a writ
for a continuing lien shall comply fully with RCW 6.27.110.
(2) The caption of the writ shall be marked "CONTINUING LIEN ON EARNINGS" and the following additional
paragraph shall be included in the writ form prescribed in
RCW 6.27.100:
Severability—1988 c 231: See note following RCW 6.01.050.
"THIS IS A WRIT FOR A CONTINUING LIEN.
THE GARNISHEE SHALL HOLD the nonexempt
portion of the defendant’s earnings due at the time
of service of this writ and shall also hold the
defendant’s nonexempt earnings that accrue through
the last payroll period ending on or before SIXTY
days after the date of service of this writ. HOWEVER, IF THE GARNISHEE IS PRESENTLY
HOLDING THE NONEXEMPT PORTION OF
THE DEFENDANT’S EARNINGS UNDER A
PREVIOUSLY SERVED WRIT FOR A CON(2002 Ed.)
6.27.350 Continuing lien on earnings—When lien
becomes effective—Termination—Second answer. (1)
Where the garnishee’s answer to a garnishment for a
continuing lien reflects that the defendant is employed by the
garnishee, the judgment or balance due thereon as reflected
on the writ of garnishment shall become a lien on earnings
due at the time of the effective date of the writ, as defined
in this subsection, to the extent that they are not exempt
from garnishment, and such lien shall continue as to subsequent nonexempt earnings until the total subject to the lien
equals the amount stated on the writ of garnishment or until
the expiration of the employer’s payroll period ending on or
before sixty days after the effective date of the writ, whichever occurs first, except that such lien on subsequent
earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated,
[Title 6 RCW—page 41]
6.27.350
Title 6 RCW: Enforcement of Judgments
modified, or satisfied in full or if the writ is dismissed. The
"effective date" of a writ is the date of service of the writ if
there is no previously served writ; otherwise, it is the date of
termination of a previously served writ or writs.
(2) At the time of the expected termination of the lien,
the plaintiff shall mail to the garnishee three additional
stamped envelopes addressed as provided in RCW 6.27.110,
and four additional copies of the answer form prescribed in
RCW 6.27.190, (a) with a statement in substantially the
following form added as the first paragraph: "ANSWER
THE SECOND PART OF THIS FORM WITH RESPECT
TO THE TOTAL AMOUNT OF EARNINGS WITHHELD
UNDER THIS GARNISHMENT, INCLUDING THE
AMOUNT, IF ANY, STATED IN YOUR FIRST ANSWER,
AND WITHIN TWENTY DAYS AFTER YOU RECEIVE
THESE FORMS, MAIL OR DELIVER THEM AS DIRECTED IN THE WRIT" and (b) with the following lines
substituted for the first sentence of the form prescribed in
RCW 6.27.190:
Amount due and owing stated in first answer $. . . . .
Amount accrued since first answer
$. . . . .
(3) Within twenty days of receipt of the second answer
form the garnishee shall file a second answer, in the form as
provided in subsection (2) of this section, stating the total
amount held subject to the garnishment. [1997 c 296 § 7;
1988 c 231 § 35; 1987 c 442 § 1034; 1970 ex.s. c 61 § 7.
Formerly RCW 7.33.370.]
Severability—1988 c 231: See note following RCW 6.01.050.
6.27.360 Continuing lien on earnings—Priorities—
Exceptions. (1) Except as provided in subsection (2) of this
section, a lien obtained under RCW 6.27.350 shall have
priority over any subsequent garnishment lien or wage
assignment except that service of a writ shall not be effective
to create a continuing lien with such priority if a writ in the
same case is pending at the time of the service of the new
writ.
(2) A lien obtained under RCW 6.27.350 shall not have
priority over a notice of payroll deduction issued under
RCW 26.23.060 or a wage assignment or other garnishment
for child support issued under chapters 26.18 and 74.20A
RCW. Should nonexempt wages remain after deduction of
all amounts owing under a notice of payroll deduction, wage
assignment, or garnishment for child support, the garnishee
shall withhold the remaining nonexempt wages under the
lien obtained under RCW 6.27.350. [1997 c 296 § 8; 1989
c 360 § 20; 1987 c 442 § 1035; 1970 ex.s. c 61 § 8.
Formerly RCW 7.33.380.]
6.27.370 Notice to federal government as garnishee
defendant—Deposit, payment, and endorsement of funds
received by the clerk—Fees as recoverable cost. (1)
Whenever the federal government is named as a garnishee
defendant, the clerk of the court shall, upon submitting a
notice in the appropriate form by the plaintiff, issue a notice
which directs the garnishee defendant to disburse any
nonexempt earnings to the court in accordance with the
garnishee defendant’s normal pay and disbursement cycle.
(2) Funds received by the clerk from a garnishee
defendant may be deposited into the registry of the court or,
in the case of negotiable instruments, may be retained in the
[Title 6 RCW—page 42]
court file. Upon presentation of an order directing the clerk
to disburse the funds received, the clerk shall pay or endorse
the funds over to the party entitled to receive the funds.
Except for good cause shown, the funds shall not be paid or
endorsed to the plaintiff prior to the expiration of any
minimum statutory period allowed to the defendant for filing
an exemption claim.
(3) The plaintiff shall, in the same manner permitted for
service of the writ of garnishment, provide to the garnishee
defendant a copy of the notice issued by the clerk and an
envelope addressed to the court, and shall supply to the
garnished party a copy of the notice.
(4) Any answer or processing fees charged by the
garnishee defendant to the plaintiff under federal law shall
be a recoverable cost under RCW 6.27.090.
(5) The notice to the federal government garnishee shall
be in substantially the following form:
IN THE . . . . . . COURT OF THE STATE OF
WASHINGTON
IN AND FOR . . . . . . COUNTY
............... ,
Plaintiff,
vs.
NO. . . . . .
NOTICE TO FEDERAL
GOVERNMENT GARNISHEE
DEFENDANT
............... ,
Defendant,
............... ,
Garnishee Defendant.
TO: THE GOVERNMENT OF THE UNITED STATES
AND ANY DEPARTMENT, AGENCY, OR DIVISION
THEREOF
You have been named as the garnishee defendant in the
above-entitled cause. A Writ of Garnishment accompanies
this Notice. The Writ of Garnishment directs you to hold
the nonexempt earnings of the named defendant, but does
not instruct you to disburse the funds you hold.
BY THIS NOTICE THE COURT DIRECTS YOU TO
WITHHOLD ALL NONEXEMPT EARNINGS AND
DISBURSE THEM IN ACCORDANCE WITH YOUR
NORMAL PAY AND DISBURSEMENT CYCLE, TO THE
FOLLOWING:
. . . . . . County . . . . . . Court Clerk
Cause No. . . . . . .
............................
(Address)
PLEASE REFERENCE THE DEFENDANT EMPLOYEE’S
NAME AND THE ABOVE CAUSE NUMBER ON ALL
DISBURSEMENTS.
The enclosed Writ also directs you to respond to the Writ
within twenty (20) days, but you are allowed thirty (30) days
to respond under federal law.
DATED this . . . day of . . . . . ., 19. . .
...............
Clerk of the Court
[1997 c 296 § 9.]
(2002 Ed.)
Commissioners to Convey Real Estate
Chapter 6.28
COMMISSIONERS TO CONVEY REAL ESTATE
Sections
6.28.010
Court may appoint, when.
6.28.020
Contents of deed.
6.28.030
Effect of conveyance pursuant to judgment.
6.28.040
Effect of conveyance pursuant to order of sale.
6.28.050
Approval of court necessary.
6.28.060
Execution of conveyance.
6.28.070
Recording.
6.28.080
Compelling performance.
Rules of court: Cf. CR 70.
6.28.010 Court may appoint, when. The several
superior courts may, whenever it is necessary, appoint a
commissioner to convey real estate:
(1) When by a judgment in an action, a party is ordered
to convey real property to another, or any interest therein.
(2) When real property, or any interest therein, has been
sold under a special order of the court and the purchase
money paid therefor. [Code 1881 § 528; 1877 p 111 § 532;
1854 p 205 § 390; RRS § 605.]
6.28.020 Contents of deed. The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite
the record in the case generally. [Code 1881 § 529; 1877 p
112 § 533; 1854 p 205 § 391; RRS § 606.]
6.28.030 Effect of conveyance pursuant to judgment. A conveyance made in pursuance of a judgment shall
pass to the grantee the title of the parties ordered to convey
the land. [Code 1881 § 530; 1877 p 112 § 534; 1854 p 205
§ 392; RRS § 607.]
6.28.040 Effect of conveyance pursuant to order of
sale. A conveyance made in pursuance of a sale ordered by
the court, shall pass to the grantee the title of all the parties
to the action or proceeding. [Code 1881 § 531; 1877 p 112
§ 535; 1854 p 205 § 393; RRS § 608.]
6.28.050 Approval of court necessary. A conveyance by a commissioner shall not pass any right until it has
been examined and approved by the court, which approval
shall be indorsed on the conveyance and recorded with it.
[Code 1881 § 532; 1877 p 112 § 536; 1854 p 205 § 394;
RRS § 609.]
6.28.060 Execution of conveyance. It shall be
sufficient for the conveyance to be signed by the commissioner only, without affixing the name of the parties whose
title is conveyed, but the names of the parties shall be recited in the body of the conveyance. [Code 1881 § 533;
1877 p 112 § 537; 1854 p 205 § 395; RRS § 610.]
6.28.070 Recording. The conveyance shall be
recorded in the office in which by law it should have been
recorded had it been made by the parties whose title is conveyed by it. [Code 1881 § 534; 1877 p 112 § 538; 1854 p
205 § 396; RRS § 611.]
(2002 Ed.)
Chapter 6.28
6.28.080 Compelling performance. In case of a
judgment to compel a party to execute a conveyance of real
estate, the court may enforce the judgment by attachment or
sequestration, or appoint a commissioner to make the
conveyance. [Code 1881 § 535; 1877 p 112 § 539; 1854 p
205 § 397; RRS § 612.]
Chapter 6.32
PROCEEDINGS SUPPLEMENTAL TO EXECUTION
Sections
6.32.010
6.32.015
6.32.020
6.32.030
6.32.040
6.32.050
6.32.060
6.32.070
6.32.080
6.32.085
6.32.090
6.32.100
6.32.110
6.32.120
6.32.130
6.32.140
6.32.150
6.32.160
6.32.170
6.32.180
6.32.190
6.32.200
6.32.210
6.32.220
6.32.240
6.32.250
6.32.260
6.32.270
6.32.280
6.32.290
6.32.300
6.32.310
6.32.320
6.32.330
6.32.340
6.32.350
Rules of
Order for examination of judgment debtor—Plaintiff entitled
to costs—Additional fees if debtor fails to answer or
appear.
Order to require judgment debtor to answer interrogatories.
Warrant, how vacated.
Third parties may be brought in for examination.
Before whom examined.
Procedure on examination.
Referee’s oath.
Order authorizing payment by debtor of judgment debtor.
Order requiring delivery of money or property to sheriff.
Order charging partnership interest or directing sale.
Powers of sheriff.
How money or property applied by sheriff.
Disposition of balance after judgment satisfied.
Transfer of property may be enjoined.
Service of orders.
Service of warrant.
Discontinuance or dismissal of proceedings.
Costs to judgment creditor.
Costs to judgment debtor, when.
Disobedience of order punishable as contempt.
Attendance of judgment debtor.
Party or witness not excused from answering.
Proceedings in case of joint debtors.
Continuances.
Proceedings, before whom instituted.
Property exempt from seizure.
Proceedings to be heard without jury.
Adjudication of title to property—Jury trial.
Fee of referee.
Appointment of receiver—Notice.
Effect on pending supplemental proceedings.
Only one receiver may be appointed—Extending receivership.
Order, where to be filed.
Property vested in receiver.
Receiver’s title extends back by relation.
Records to be kept by clerk.
court: Cf. CR 69(b).
6.32.010 Order for examination of judgment
debtor—Plaintiff entitled to costs—Additional fees if
debtor fails to answer or appear. At any time within ten
years after entry of a judgment for the sum of twenty-five
dollars or over, unless the time is extended in accordance
with RCW 6.17.020(3), upon application by the judgment
creditor such court or judge may, by an order, require the
judgment debtor to appear at a specified time and place
before the judge granting the order, or a referee appointed by
the judge, to answer concerning the same; and the judge to
whom application is made under this chapter may, if it is
made to appear to him or her by the affidavit of the judgment creditor, his or her agent or attorney that there is
danger of the debtor absconding, order the sheriff to arrest
the debtor and bring him or her before the judge granting the
order. Upon being brought before the judge, he or she may
[Title 6 RCW—page 43]
6.32.010
Title 6 RCW: Enforcement of Judgments
be ordered to enter into a bond, with sufficient sureties, that
he or she will attend from time to time before the judge or
referee, as shall be directed, during the pendency of the
proceedings and until the final termination thereof. If the
judgment debtor or other persons against whom the special
proceedings are instituted has been served with these
proceedings, the plaintiff shall be entitled to costs of service,
notary fees, and an appearance fee of twenty-five dollars. If
the judgment debtor or other persons fail to answer or
appear, the plaintiff shall additionally be entitled to reasonable attorney fees. If a plaintiff institutes special proceedings and fails to appear, a judgment debtor or other person
against whom the proceeding was instituted who appears is
entitled to an appearance fee of twenty-five dollars and
reasonable attorney fees. [1994 c 189 § 4; 1985 c 215 § 1;
1983 1st ex.s. c 45 § 6; 1980 c 105 § 5; 1971 ex.s. c 211 §
1; 1957 c 8 § 7; 1899 c 93 § 1; 1893 c 133 § 1; RRS §
613.]
Application—1980 c 105: See note following RCW 4.16.020.
6.32.015 Order to require judgment debtor to
answer interrogatories. At any time within ten years after
entry of a judgment for a sum of twenty-five dollars or over,
unless the time is extended in accordance with RCW
6.17.020(3), upon application by the judgment creditor such
court or judge may, by order served on the judgment debtor,
require such debtor to answer written interrogatories, under
oath, in such form as may be approved by the court. No
such creditor shall be required to proceed under this section
nor shall he or she waive his or her rights to proceed under
RCW 6.32.010 by proceeding under this section. [1994 c
189 § 5; 1980 c 105 § 6; 1971 ex.s. c 211 § 2.]
Application—1980 c 105: See note following RCW 4.16.020.
6.32.020 Warrant, how vacated. A warrant issued as
prescribed in RCW 6.32.010 may be vacated or modified by
the judge making the same, or by the court out of which the
execution was issued, upon giving three days’ notice to the
opposite party. [1893 c 133 § 2; RRS § 614.]
6.32.030 Third parties may be brought in for
examination. Any person may be made a party to a
supplemental proceeding by service of a like order in like
manner as that required to be served upon the judgment
debtor, and upon proof by affidavit or otherwise, to the
satisfaction of the judge, that execution has been issued and
return made thereon wholly or partially unsatisfied, and also
that any person or corporation has personal property of the
judgment debtor of the value of twenty-five dollars or over,
or is indebted to him in said amount, or is holding the title
to real estate for the judgment debtor, or has knowledge
concerning the property interests of the judgment debtor, the
judge may make an order requiring such person or corporation, or an officer thereof, to appear at a specified time and
place before him, or a referee appointed by him, and answer
concerning the same. [1923 c 160 § 1; 1893 c 133 § 3;
RRS § 615.]
6.32.040 Before whom examined. An order requiring
a person to attend and be examined, made pursuant to any
provision of this chapter, must require him so to attend and
[Title 6 RCW—page 44]
be examined either before the judge to whom the order is
returnable or before a referee designated therein. Where the
examination is taken before a referee, he must certify to the
judge to whom the order is returnable all of the evidence and
other proceedings taken before him. [1893 c 133 § 4; RRS
§ 616.]
6.32.050 Procedure on examination. Upon an
examination made under this chapter, the answer of the party
or witness examined must be under oath. A corporation
must attend by and answer under the oath of an officer
thereof, and the judge may, in his discretion, specify the
officer. Either party may be examined as a witness in his
own behalf, and may produce and examine other witnesses
as upon the trial of an action. The judge or referee may
adjourn any proceedings under this chapter, from time to
time, as he thinks proper. [1893 c 133 § 5; RRS § 617.]
6.32.060 Referee’s oath. Unless the parties expressly
waive the referee’s oath, a referee appointed as prescribed in
this chapter must, before entering upon an examination or
taking testimony, subscribe and take an oath that he will
faithfully and fairly discharge his duty upon the reference,
and make a just and true report according to the best of his
understanding. The oath must be returned to the judge with
the report of the testimony. [1893 c 133 § 6; RRS § 618.]
6.32.070 Order authorizing payment by debtor of
judgment debtor. At any time after the commencement of
a special proceeding authorized by this chapter, and before
the appointment of a receiver therein, or the extension of a
receivership thereto, the judge by whom the order or warrant
was granted or to whom it is made returnable, may in his
discretion upon proof by affidavit to his satisfaction that a
person or corporation is indebted to the judgment debtor, and
upon such notice given to such person or corporation as he
deems just, or without notice make an order permitting the
person or corporation to pay the sheriff designated in the
order a sum on account of the alleged indebtedness not
exceeding the sum which will satisfy the execution. A
payment thus made is to the extent thereof a discharge of the
indebtedness except as against a transferee from the judgment debtor in good faith, and for a valuable consideration,
of whose rights the person or corporation had actual or
constructive notice when the payment was made. [1893 c
133 § 7; RRS § 619.]
6.32.080 Order requiring delivery of money or
property to sheriff. Where it appears from the examination
or testimony taken in the special proceedings authorized by
this chapter that the judgment debtor has in his possession or
under his control money or other personal property belonging to him, or that one or more articles of personal property
capable of manual delivery, his right to the possession
whereof is not substantially disputed, are in the possession
or under the control of another person, the judge by whom
the order or warrant was granted, or to whom it is returnable, may in his discretion, and upon such notice given to
such persons as he deems just, or without notice, make an
order directing the judgment debtor, or other person, immediately to pay the money or deliver the articles of personal
(2002 Ed.)
Proceedings Supplemental to Execution
6.32.080
property to a sheriff designated in the order, unless a
receiver has been appointed or a receivership has been
extended to the special proceedings, and in that case to the
receiver. [1893 c 133 § 8; RRS § 620.]
the sheriff or receiver to pay the money or deliver the property so remaining in his hands to the debtor, or to such other
person as appears to be entitled thereto, upon payment of his
fees and all other sums legally chargeable against the same.
[1893 c 133 § 11; RRS § 623.]
6.32.085 Order charging partnership interest or
directing sale. If it appears from the examination or
testimony taken in the special proceedings authorized by this
chapter that the judgment debtor owns an interest in a partnership, the judge who granted the order or warrant or to
whom it is returnable may in his or her discretion, upon such
notice to other partners as the judge deems just, and to the
extent permitted by Title 25 RCW, (1) enter an order
charging the partnership interest with payment of the
judgment, directing that all or any part of distributions or
other amounts becoming due to the judgment debtor, other
than earnings as defined in RCW 6.27.010, be paid to a receiver if one has been appointed, otherwise to the clerk of
the court that entered the judgment, for application to
payment of the judgment in the same manner as proceeds
from sale on execution and, in aid of the charging order, the
court may make such other orders as a case requires, or (2)
enter an order directing sale of the partnership interest in the
same manner as personal property is sold on execution.
[1987 c 442 § 1114.]
6.32.120 Transfer of property may be enjoined.
The judge by whom the order or warrant was granted or to
whom it is returnable may make an injunction order restraining any person or corporation, whether a party or not
a party to the special proceeding, from making or suffering
any transfer or other disposition of or interference with the
property of the judgment debtor or the property or debt
concerning which any person is required to attend and be
examined, until further direction in the premises. Such an
injunction may be made simultaneously with the order or
warrant by which the special proceeding is instituted, and
upon the same papers or afterwards, upon an affidavit
showing sufficient grounds therefor. The judge or court
may, as a condition of granting an application to vacate or
modify the injunction order require the applicant to give
security in such sum and in such manner as justice requires.
[1893 c 133 § 12; RRS § 624.]
6.32.090 Powers of sheriff. If the sheriff to whom
money is paid or other property is delivered, pursuant to an
order made as prescribed in RCW 6.32.080, does not then
hold an execution upon the judgment against the property of
the judgment debtor, he has the same rights and power, and
is subject to the same duties and liabilities with respect to
the money or property, as if the money had been collected
or the property had been levied upon by him by virtue of
such an execution, except as provided in RCW 6.32.100.
[1893 c 133 § 9; RRS § 621.]
6.32.100 How money or property applied by sheriff.
After a receiver has been appointed or a receivership has
been extended to the special proceedings, the judge must, by
order, direct the sheriff to pay the money, or the proceeds of
the property, deducting his fees, to the receiver; or if the
case so requires to deliver to the receiver the property in his
hands. But if it appears to the satisfaction of the judge that
an order appointing a receiver or extending a receivership is
not necessary, he may, by an order reciting that fact, direct
the sheriff to apply the money so paid, or the proceeds of
the property so delivered, upon an execution in favor of the
judgment creditor issued either before or after the payment
or delivery to the sheriff. [1893 c 133 § 10; RRS § 622.]
6.32.110 Disposition of balance after judgment
satisfied. Where money is paid or property is delivered as
prescribed in RCW 6.32.070, 6.32.080, 6.32.090 and
6.32.100 and afterwards the special proceeding is discontinued or dismissed, or the judgment is satisfied without
resorting to the money or property, or a balance of the
money or of the proceeds of the property, or a part of the
property remains in the sheriff’s or receiver’s hands after
satisfying the judgment and the costs and expenses of the
special proceeding, the judge must make an order directing
(2002 Ed.)
6.32.130 Service of orders. An injunction order or an
order requiring a person to attend and be examined made as
prescribed in this chapter must be served by delivering to the
person to be served a certified copy of the original order and
a copy of the affidavit on which it was made. In the case of
an order requiring a person to attend and be examined and
not imposing injunctive restraints, a noncertified copy may
be served if the noncertified copy bears a stamp or notation
indicating the name of the judge or commissioner who
signed the original order, and a stamp or notation indicating
the original order has been filed with the court.
Service upon a corporation is sufficient if made upon an
officer, to whom a copy of a summons must be delivered.
Where an order is personally served upon a corporation,
unless the officer to be served is specially designated in the
order, the order may be served upon any person upon whom
a summons can be served. [1995 c 73 § 1; 1925 ex.s. c 38
§ 1; 1893 c 133 § 13; RRS § 625.]
6.32.140 Service of warrant. The sheriff, when he
arrests a judgment debtor by virtue of a warrant issued as
prescribed in this chapter, must deliver to him a copy of the
warrant and of the affidavit upon which it was granted.
[1893 c 133 § 14; RRS § 626.]
6.32.150 Discontinuance or dismissal of proceedings. A special proceeding instituted as prescribed in this
chapter may be discontinued at any time upon such terms as
justice requires, by an order of the judge made upon the
application of the judgment creditor. Where the judgment
creditor unreasonably delays or neglects to proceed, or where
it appears that his judgment has been satisfied, his proceedings may be dismissed upon like terms by a like order made
upon the application of the judgment debtor, or of plaintiff
in a judgment creditor’s action against the debtor, or of a
judgment creditor who has instituted either of the special
proceedings authorized by this chapter. Where an order
[Title 6 RCW—page 45]
6.32.150
Title 6 RCW: Enforcement of Judgments
appointing a receiver or extending a receivership has been
made in the course of the special proceeding, notice of the
application for an order specified in this section must be
given in such manner as the judge deems proper, to all
persons interested in the receivership as far as they can conveniently be ascertained. [1893 c 133 § 15; RRS § 627.]
6.32.160 Costs to judgment creditor. The judge may
make an order allowing to the judgment creditor a fixed sum
as costs, consisting of his witness fees and referee’s fees and
other disbursements, and of a sum in addition thereto not
exceeding twenty-five dollars, and directing the payment
thereof out of any money which has come or may come to
the hands of the receiver or of the sheriff within a time
specified in the order. [1893 c 133 § 16; RRS § 628.]
6.32.170 Costs to judgment debtor, when. Where
the judgment debtor or other person against whom the
special proceeding is instituted has been examined, and
property applicable to the payment of the judgment has not
been discovered, the judge may make an order allowing him
a sum, not to exceed twenty-five dollars, as costs, provided
that any such sum so allowed the judgment debtor, shall be
set off against the amount due the judgment creditor on his
judgment. [1923 c 160 § 2; 1893 c 133 § 17; RRS § 629.]
6.32.180 Disobedience of order punishable as
contempt. A person who refuses, or without sufficient
excuse neglects, to obey an order of a judge or referee made
pursuant to any of the provisions of this chapter, and duly
served upon him, or an oral direction given directly to him
by a judge or referee in the course of the special proceeding,
or to attend before a judge or referee according to the
command of a subpoena duly served upon him, may be
punished by the judge of the court out of which the execution issued, as for contempt. [1893 c 133 § 18; RRS § 630.]
6.32.190 Attendance of judgment debtor. A
judgment debtor who resides or does business in the state
cannot be compelled to attend pursuant to an order made
under the provisions of this chapter at a place without the
county where his residence or place of business is situated.
Where the judgment debtor to be examined under this chapter is a corporation the court may cause such corporation to
appear and be examined by making like order or orders as
are prescribed in this chapter, directed to any officer or
officers thereof. [1893 c 133 § 19; RRS § 631.]
6.32.200 Party or witness not excused from answering. A party or witness examined in a special proceeding
authorized by this chapter is not excused from answering a
question on the ground that his examination will tend to
convict him of a commission of a fraud, or to prove that he
has been a party to or privy to or knowing of a conveyance,
assignment, transfer or other disposition of property for any
purpose; or that he or another person claims to be entitled as
against the judgment creditor or receiver appointed or to be
appointed in the special proceeding to hold property derived
from or through the judgment debtor, or to be discharged
from the payment of a debt which was due to the judgment
debtor or to a person in his behalf. But an answer cannot be
[Title 6 RCW—page 46]
used as evidence against the person so answering in a
criminal action or criminal proceeding. [1893 c 133 § 20;
RRS § 632.]
6.32.210 Proceedings in case of joint debtors.
When, in proceedings under this chapter, personal service of
the summons in the action was not made on all of the
defendants, a debt due to, or other personal property owned
by, one or more of the defendants not summoned jointly
with the defendants summoned, or with any of them, may be
reached by proceedings under this chapter. [1893 c 133 §
21; RRS § 633.]
6.32.220 Continuances. A special proceeding under
this chapter instituted before one judge may be continued
from time to time before another judge of the same court
with like effect as if it had been instituted or commenced
before the judge who last heard the same. [1893 c 133 § 22;
RRS § 634.]
6.32.240 Proceedings, before whom instituted.
Special proceedings under this chapter may be instituted and
prosecuted before the superior or district court of the county
in which the judgment was entered or any judge thereof, or
before the superior or district court of any county to the
sheriff of which an execution has been issued or in which a
transcript of said judgment has been filed in the office of the
clerk of said court or before any judge thereof. [1981 c 193
§ 2; 1899 c 93 § 2; 1893 c 133 § 24; RRS § 636.]
6.32.250 Property exempt from seizure. This
chapter does not authorize the seizure of, or other interference with, (1) any property which is expressly exempt by
law from levy and sale by virtue of an execution, attachment, or garnishment; or (2) any money, thing in action or
other property held in trust for a judgment debtor where the
trust has been created by, or the fund so held in trust has
proceeded from, a person other than the judgment debtor; or
(3) the earnings of the judgment debtor for personal services
to the extent they would be exempt against garnishment of
the employer under RCW 6.27.150. [1987 c 442 § 1115;
1893 c 133 § 25; RRS § 637.]
6.32.260 Proceedings to be heard without jury.
Proceedings under this chapter are special proceedings, and
shall be heard by the judge or referee before whom the same
are returnable without a jury, except as provided in RCW
6.32.270. [1923 c 160 § 3; 1893 c 133 § 26; RRS § 638.]
6.32.270 Adjudication of title to property—Jury
trial. In any supplemental proceeding, where it appears to
the court that a judgment debtor may have an interest in or
title to any real property, and such interest or title is disclaimed by the judgment debtor or disputed by another
person, or it appears that the judgment debtor may own or
have a right of possession to any personal property, and such
ownership or right of possession is substantially disputed by
another person, the court may, if the person or persons
claiming adversely be a party to the proceeding, adjudicate
the respective interests of the parties in such real or personal
(2002 Ed.)
Proceedings Supplemental to Execution
property, and may determine such property to be wholly or
in part the property of the judgment debtor. If the person
claiming adversely to the judgment debtor be not a party to
the proceeding, the court shall by show cause order or
otherwise cause such person to be brought in and made a
party thereto, and shall set such proceeding for hearing on
the first open date in the trial calendar. Any person so made
a party, or any party to the original proceeding, may have
such issue determined by a jury upon demand therefor and
payment of a jury fee as in other civil actions: PROVIDED,
That such person would be entitled to a jury trial if the
matter was adjudicated in a separate action. [1923 c 160 §
4; RRS § 638-1.]
6.32.280 Fee of referee. The fees of referees appointed in proceedings under this chapter shall be five dollars per
day. [1893 c 133 § 27; RRS § 639.]
6.32.290 Appointment of receiver—Notice. At any
time after making an order requiring the judgment debtor or
any other person to attend and be examined, or the issuing
of a warrant, as prescribed in this chapter, the judge to
whom the order or warrant is returnable, or the court out of
which the order was issued, may make an order appointing
a receiver of the property of the judgment debtor. At least
two days’ notice of the application for the order appointing
a receiver must be given personally to the judgment debtor,
unless the judge or court is satisfied that he cannot, with
reasonable diligence, be found within the state, in which case
the order must recite that fact and may dispense with the
notice, or may direct notice to be given in any manner which
the judge thinks proper. But where the order to attend and
be examined or the warrant has been served upon the
judgment debtor, a receiver may be appointed upon the
return day thereof, or at the close of the examination,
without further notice to him. [1893 c 133 § 28; RRS §
640.]
Rules of court: CR 66.
6.32.300 Effect on pending supplemental proceedings. The judge must ascertain, if practicable, by the oath
of the judgment debtor or otherwise, whether any other
special proceeding authorized by this chapter is pending
against the judgment debtor, or if a receiver has been
appointed or application has been made for the appointment
of a receiver of the property of the judgment debtor in any
other action by a judgment creditor. If either is pending, and
a receiver has not been appointed therein, notice of the
application for the appointment of a receiver, and of all of
the subsequent proceedings respecting the receivership, must
be given in such manner as the judge directs to the judgment
creditor prosecuting it. [1893 c 133 § 29; RRS § 641.]
6.32.310 Only one receiver may be appointed—
Extending receivership. Only one receiver of the property
of the judgment debtor shall be appointed. Where a receiver
thereof has already been appointed the judge, instead of
making the order prescribed in RCW 6.32.300, must make
an order extending the receivership to the special proceedings before him. Such an order gives to the judgment
creditor the same rights as if a receiver was appointed upon
(2002 Ed.)
6.32.270
his application, including the right to apply to the court to
control, direct or remove the receiver, or to subordinate the
proceedings in or by which the receiver was appointed to
those taken under his judgment. [1893 c 133 § 30; RRS §
642.]
6.32.320 Order, where to be filed. An order appointing a receiver or extending a receivership must be filed in
the office of the county clerk wherein the judgment roll in
the action is filed; or if the special proceeding is founded
upon an execution issued out of a court other than that in
which the judgment was rendered, in the office of the clerk
of the county wherein the transcript of the judgment is filed.
[1893 c 133 § 31; RRS § 643.]
6.32.330 Property vested in receiver. The property
of the judgment debtor is vested in a receiver, who has duly
qualified, from the time of filing the order appointing him or
extending his receivership, as the case may be, subject to the
following exceptions:
(1) Real property is vested in the receiver only from the
time when the order, or a certified copy thereof, as the case
may be, is filed with the auditor of the county where it is
situated.
(2) When the judgment debtor, at the time when the
order is filed, resides in another county of the state, his
personal property is vested in the receiver only from the time
when a copy of the order, certified by the auditor in whose
office it is recorded, is filed with the auditor of the county
where he resides. [1893 c 133 § 32; RRS § 644.]
6.32.340 Receiver’s title extends back by relation.
Where the receiver’s title to personal property has become
vested, as prescribed in RCW 6.32.330, it also extends back
by relation, for the benefit of the judgment creditor, in
whose behalf the special proceeding was instituted as
follows:
(1) When an order requiring the judgment debtor to
attend and be examined, or a warrant requiring the sheriff to
arrest him and bring him before the judge, has been served,
before the appointment of the receiver, or the extension of
the receivership, the receiver’s title extends back so as to
include the personal property of the judgment debtor at the
time of the service of the order or warrant.
(2) Where an order or warrant has not been served as
specified in the foregoing subdivision, but an order has been
made requiring a person to attend and be examined concerning property belonging or a debt due to the judgment debtor,
the receiver’s title extends to the personal property belonging
to the judgment debtor, which was in the hands or under the
control of the person or corporation thus required to attend
at the time of the service of the order, and to a debt then due
to him from that person or corporation.
(3) In every other case where notice of application for
the appointment of a receiver was given to the judgment
debtor, the receiver’s title extends to the personal property
of the judgment debtor at the time when the notice was
served, either personally or by complying with the requirements of an order prescribing a substitute for personal
service.
[Title 6 RCW—page 47]
6.32.340
Title 6 RCW: Enforcement of Judgments
(4) Where the case is within two or more of the
foregoing subdivisions of this section, the rule most favorable to the judgment creditor must be adopted. But this
section does not affect the title of a purchaser in good faith
without notice, and for a valuable consideration; or the
payment of a debt in good faith and without notice. [1893
c 133 § 33; RRS § 645.]
6.32.350 Records to be kept by clerk. Each county
clerk must keep in his or her office records indexed to the
names of the judgment debtors, styled "records of orders
appointing receivers of judgment debtors." A county clerk
in whose office an order or a certified copy of an order is
filed, as prescribed in this chapter, must immediately note
thereupon the time of filing it, and as soon as practicable,
must record it in the records so kept by him or her. He or
she must also, upon request, furnish forthwith to any party
or person interested, one or more certified copies thereof.
For each omission to comply with any provision of this
section, a county clerk forfeits to the party aggrieved two
hundred and fifty dollars, in addition to all damages sustained by reason of the omission. [2002 c 30 § 2; 1893 c
133 § 34; RRS § 646.]
Chapter 6.36
UNIFORM ENFORCEMENT OF FOREIGN
JUDGMENTS ACT
Sections
6.36.010
6.36.025
6.36.035
Definitions.
Filing of foreign judgment—Authorized—Effect.
Affidavit of last address of judgment debtor, creditor—
Filing—Notice of filing of judgment—Contents—Effect.
6.36.045
Effect of appeal from or stay of execution of foreign judgment—Grounds for stay of enforcement.
6.36.130
Sale under levy.
6.36.140
Interest and costs.
6.36.150
Satisfaction of judgment.
6.36.160
Optional procedure.
6.36.900
Construction—1953 c 191.
6.36.910
Short title.
Rules of court: Cf. CR 69(a).
Foreign judgments for debt, faith accorded: RCW 5.44.020.
Uniform judicial notice of foreign laws act: Chapter 5.24 RCW.
6.36.010 Definitions. As used in this chapter: (1)
"Foreign judgment" means any judgment, decree or order of
a court of the United States or of any state or territory which
is entitled to full faith and credit in this state.
(2) "Register" means to file a foreign judgment in a
court of this state.
(3) "Levy" means to take control of or create a lien
upon property under any judicial writ or process whereby
satisfaction of a judgment may be enforced against such
property.
(4) "Judgment debtor" means the party against whom a
foreign judgment has been rendered. [1953 c 191 § 1.]
6.36.025 Filing of foreign judgment—Authorized—
Effect. (1) A copy of any foreign judgment authenticated in
accordance with the act of congress or the statutes of this
state may be filed in the office of the clerk of any superior
[Title 6 RCW—page 48]
court of any county of this state. The clerk shall treat the
foreign judgment in the same manner as a judgment of the
superior court of this state. A judgment so filed has the
same effect and is subject to the same procedures, defenses,
set-offs, counterclaims, cross-complaints, and proceedings for
reopening, vacating, staying, or extending as a judgment of
a superior court of this state and may be enforced, extended,
or satisfied in like manner.
(2) Alternatively, a copy of any foreign judgment (a)
authenticated in accordance with the act of congress or the
statutes of this state, and (b) within the civil jurisdiction and
venue of the district court as provided in RCW 3.66.020,
3.66.030, and 3.66.040, may be filed in the office of the
clerk of any district court of this state. The clerk shall treat
the foreign judgment in the same manner as a judgment of
the district court of this state. A judgment so filed has the
same effect and is subject to the same procedures, defenses,
set-offs, counterclaims, cross-complaints, and proceedings for
reopening, vacating, staying, transcribing, or extending as a
judgment of a district court of this state, and may be
enforced, transcribed, extended, or satisfied in like manner.
(3) The lien of any judgment filed under subsection (1)
or (2) of this section shall be governed by chapter 4.56
RCW and RCW 6.17.020. [2002 c 261 § 4; 1994 c 185 §
6; 1977 ex.s. c 45 § 1.]
6.36.035 Affidavit of last address of judgment
debtor, creditor—Filing—Notice of filing of judgment—
Contents—Effect. (1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment
creditor’s lawyer shall make and file with the clerk of court
an affidavit setting forth the name and last known post office
address of the judgment debtor, and the judgment creditor.
(2) Promptly upon the filing of the foreign judgment
and the affidavit, the judgment creditor shall mail notice of
the filing of the foreign judgment to the judgment debtor at
the address given. The notice shall include the name and
post office address of the judgment creditor and the judgment creditor’s lawyer if any in this state. In addition, the
judgment creditor shall file proof of mailing with the clerk.
(3)(a) No execution or other process for enforcement of
a foreign judgment filed in the office of the clerk of a
superior court shall be allowed until ten days after the proof
of mailing has been filed with the clerk by the judgment
creditor.
(b) No execution or other process for enforcement of a
foreign judgment filed in the office of the clerk of a district
court shall be allowed until fourteen days after the proof of
mailing has been filed with the clerk by the judgment
creditor. [1997 c 358 § 1; 1994 c 185 § 7; 1979 c 97 § 1;
1977 ex.s. c 45 § 2.]
6.36.045 Effect of appeal from or stay of execution
of foreign judgment—Grounds for stay of enforcement.
(1)(a) If the judgment debtor shows the superior court of any
county that an appeal from the foreign judgment is pending
or will be taken, or that a stay of execution has been
granted, the court shall stay enforcement of the foreign
judgment until the appeal is concluded, the time for appeal
expires, or the stay of execution expires or is vacated, upon
proof that the judgment debtor has furnished the security for
(2002 Ed.)
Uniform Enforcement of Foreign Judgments Act
the satisfaction of the judgment required by the state in
which it was rendered.
(b) If the judgment debtor shows the superior court of
any county any ground upon which enforcement of a
judgment of a superior court of any county of this state
would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the
same security for satisfaction of the judgment which is
required in this state.
(2)(a) If the judgment debtor shows the district court
that an appeal from the foreign judgment is pending or will
be taken, or that a stay of execution has been granted, the
court shall stay enforcement of the foreign judgment until
the appeal is concluded, the time for appeal expires, or the
stay of execution expires or is vacated, upon proof that the
judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was
rendered.
(b) If the judgment debtor shows the district court any
ground upon which enforcement of a judgment of a district
court of this state would be stayed, the court shall stay
enforcement of the foreign judgment for an appropriate
period, upon requiring the same security for satisfaction of
the judgment which is required in this state. [1994 c 185 §
8; 1977 ex.s. c 45 § 3.]
6.36.130 Sale under levy. Sale under the levy may
be held at any time after final judgment, either personal or
QUASI IN REM, but not earlier except as otherwise
provided by law for sale under levy on perishable goods.
Sale and distribution of the proceeds shall be made in
accordance with the law of this state. [1953 c 191 § 13.]
6.36.140 Interest and costs. When a registered
foreign judgment becomes a final judgment of this state, the
court shall include as part of the judgment interest payable
on the foreign judgment under the law of the state in which
it was rendered, and the cost of obtaining the authenticated
copy of the original judgment. The court shall include as
part of its judgment court costs incidental to the proceeding
in accordance with the law of this state. [1953 c 191 § 14.]
6.36.150 Satisfaction of judgment. Satisfaction,
either partial or complete, of the original judgment or of a
judgment entered thereupon in any other state shall operate
to the same extent as satisfaction of the judgment in this
state, except as to costs authorized by RCW 6.36.140. [1953
c 191 § 15.]
6.36.160 Optional procedure. The right of a judgment creditor to bring an action to enforce his judgment
instead of proceeding under this chapter remains unimpaired.
[1953 c 191 § 16.]
6.36.900 Construction—1953 c 191. This chapter
shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states
which enact it. [1953 c 191 § 17.]
(2002 Ed.)
6.36.045
6.36.910 Short title. This chapter may be cited as the
"Uniform Enforcement of Foreign Judgments Act." [1953
c 191 § 18.]
Chapter 6.40
UNIFORM FOREIGN MONEY-JUDGMENTS
RECOGNITION ACT
Sections
6.40.010
6.40.020
6.40.030
6.40.040
6.40.050
6.40.060
6.40.070
6.40.900
6.40.905
6.40.910
6.40.915
Definitions.
Applicability.
Recognition and enforcement.
Grounds for nonrecognition.
Personal jurisdiction.
Stay in case of appeal.
Saving clause.
Uniformity of interpretation.
Short title.
Application to judgments in effect on effective date.
Section headings.
6.40.010 Definitions. As used in this chapter:
(1) "Foreign state" means any governmental unit other
than the United States, or any state, district, commonwealth,
territory, or insular possession thereof, or the Panama Canal
Zone, the Trust Territory of the Pacific Islands, or the
Ryukyu Islands;
(2) "Foreign judgment" means any judgment of a
foreign state granting or denying recovery of a sum of
money, other than a judgment for taxes, a fine or other
penalty, or a judgment for support in matrimonial or family
matters. [1975 1st ex.s. c 240 § 1.]
6.40.020 Applicability. This chapter applies to any
foreign judgment that is final and conclusive and enforceable
where rendered even though an appeal therefrom is pending
or it is subject to appeal. [1975 1st ex.s. c 240 § 2.]
6.40.030 Recognition and enforcement. Except as
provided in RCW 6.40.040, a foreign judgment meeting the
requirements of RCW 6.40.020 is conclusive between the
parties to the extent that it grants or denies recovery of a
sum of money. The foreign judgment is enforceable in the
same manner as the judgment of a sister state which is
entitled to full faith and credit. [1975 1st ex.s. c 240 § 3.]
6.40.040 Grounds for nonrecognition. (1) A foreign
judgment is not conclusive if
(a) the judgment was rendered under a system which
does not provide impartial tribunals or procedures compatible
with the requirements of due process of law;
(b) the foreign court did not have personal jurisdiction
over the defendant; or
(c) the foreign court did not have jurisdiction over the
subject matter.
(2) A foreign judgment need not be recognized if
(a) the defendant in the proceedings in the foreign court
did not receive notice of the proceedings in sufficient time
to enable him to defend;
(b) the judgment was obtained by fraud;
(c) the claim for relief on which the judgment is based
is repugnant to the public policy of this state;
[Title 6 RCW—page 49]
6.40.040
Title 6 RCW: Enforcement of Judgments
(d) the judgment conflicts with another final and
conclusive judgment;
(e) the proceeding in the foreign court was contrary to
an agreement between the parties under which the dispute in
question was to be settled otherwise than by proceedings in
that court; or
(f) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum
for the trial of the action. [1975 1st ex.s. c 240 § 4.]
6.40.050 Personal jurisdiction. (1) The foreign
judgment shall not be refused recognition for lack of
personal jurisdiction if
(a) the defendant was served personally in the foreign
state;
(b) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized
or threatened with seizure in the proceedings or of contesting
the jurisdiction of the court over him;
(c) the defendant prior to the commencement of the
proceedings had agreed to submit to the jurisdiction of the
foreign court with respect to the subject matter involved;
(d) the defendant was domiciled in the foreign state
when the proceedings were instituted, or, being a body
corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign
state;
(e) the defendant had a business office in the foreign
state and the proceedings in the foreign court involved a
claim for relief arising out of business done by the defendant
through that office in the foreign state; or
(f) the defendant operated a motor vehicle or airplane in
the foreign state and the proceedings involved a claim for
relief arising out of such operation.
(2) The courts of this state may recognize other bases of
jurisdiction. [1975 1st ex.s. c 240 § 5.]
6.40.060 Stay in case of appeal. If the defendant
satisfies the court either that an appeal is pending or that he
is entitled and intends to appeal from the foreign judgment,
the court may stay the proceedings until the appeal has been
determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal. [1975
1st ex.s. c 240 § 6.]
6.40.070 Saving clause. This chapter does not prevent
the recognition of a foreign judgment in situations not
covered by this chapter. [1975 1st ex.s. c 240 § 7.]
6.40.900 Uniformity of interpretation. This chapter
shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it. [1975
1st ex.s. c 240 § 8.]
6.40.905 Short title. This chapter may be cited as the
Uniform Foreign Money-Judgments Recognition Act. [1975
1st ex.s. c 240 § 9.]
6.40.910 Application to judgments in effect on
effective date. This chapter shall apply to all foreign
[Title 6 RCW—page 50]
judgments in effect on the date this chapter becomes effective as well as all judgments rendered after such date.
[1975 1st ex.s. c 240 § 10.]
Effective date—1975 1st ex.s. c 240: September 8, 1975, see preface
to 1975 session laws.
6.40.915 Section headings. Section headings as used
in this act shall not constitute part of the law. [1975 1st
ex.s. c 240 § 12.]
Chapter 6.44
UNIFORM FOREIGN-MONEY CLAIMS ACT
Sections
6.44.010
6.44.020
6.44.030
6.44.040
6.44.050
6.44.060
6.44.070
6.44.080
6.44.090
6.44.100
6.44.110
6.44.120
6.44.130
6.44.140
6.44.901
6.44.902
6.44.903
6.44.904
Definitions.
Scope.
Variation by agreement.
Determining money of the claim.
Determining amount of the money of certain contract
claims.
Asserting and defending foreign-money claim.
Judgments and awards on foreign-money claims—Times of
money conversion—Form of judgment.
Conversions of foreign money in distribution proceeding.
Prejudgment and judgment interest.
Enforcement of foreign judgments.
Determining United States dollar value of foreign-money
claims for limited purposes.
Effect of currency revalorization.
Supplementary general principles of law.
Uniformity of application and construction.
Short title.
Effective date—1991 c 153.
Severability—1991 c 153.
Prospective application.
6.44.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Action" means a judicial proceeding or arbitration
in which a payment in money may be awarded or enforced
with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of
exchange at which a bank will sell foreign money at a spot
rate.
(3) "Conversion date" means the banking day next
preceding the date on which money, in accordance with this
chapter, is:
(a) Paid to a claimant in an action or distribution
proceeding;
(b) Paid to the official designated by law to enforce a
judgment or award on behalf of a claimant; or
(c) Used to recoup, set off, or counterclaim in different
moneys in an action or distribution proceeding.
(4) "Distribution proceeding" means a judicial or
nonjudicial proceeding for the distribution of a fund in which
one or more foreign-money claims is asserted and includes
an accounting, an assignment for the benefit of creditors, a
foreclosure, the liquidation or rehabilitation of a corporation
or other entity, and the distribution of an estate, trust, or
other fund.
(5) "Foreign money" means money other than money of
the United States of America.
(2002 Ed.)
Uniform Foreign-Money Claims Act
(6) "Foreign-money claim" means a claim upon an
obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the
payment of obligations or a store of value authorized or
adopted by a government or by intergovernmental agreement.
(8) "Money of the claim" means the money determined
as proper pursuant to RCW 6.44.040.
(9) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, joint venture, partnership, association, two or
more persons having a joint or common interest, or any
other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money
of one country may be converted into money of another
country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate
of conversion. If separate rates of exchange apply to
different kinds of transactions, the term means the rate
applicable to the particular transaction giving rise to the
foreign-money claim.
(11) "Spot rate" means the rate of exchange at which
foreign money is sold by a bank or other dealer in foreign
exchange for immediate or next day availability or for
settlement by immediate payment in cash or equivalent, by
charge to an account, or by an agreed delayed settlement not
exceeding two days.
(12) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or
a territory or insular possession subject to the jurisdiction of
the United States. [1991 c 153 § 1.]
6.44.020 Scope. (1) This chapter applies only to a
foreign-money claim in an action or distribution proceeding.
(2) This chapter applies to foreign-money issues even if
other law under the conflict of laws rules of this state applies
to other issues in the action or distribution proceeding.
[1991 c 153 § 2.]
6.44.030 Variation by agreement. (1) The effect of
this chapter may be varied by agreement of the parties made
before or after commencement of an action or distribution
proceeding or the entry of judgment.
(2) Parties to a transaction may agree upon the money
to be used in a transaction giving rise to a foreign-money
claim and may agree to use different moneys for different
aspects of the transaction. Stating the price in a foreign
money for one aspect of a transaction does not alone require
the use of that money for other aspects of the transaction.
[1991 c 153 § 3.]
6.44.040 Determining money of the claim. (1) The
money in which the parties to a transaction have agreed that
payment is to be made is the proper money of the claim for
payment.
(2) If the parties to a transaction have not otherwise
agreed, the proper money of the claim, as in each case may
be appropriate, is the money:
(a) Regularly used between the parties as a matter of
usage or course of dealing;
(2002 Ed.)
6.44.010
(b) Used at the time of a transaction in international
trade, by trade usage or common practice, for valuing or
settling transactions in the particular commodity or service
involved; or
(c) In which the loss was ultimately felt or will be
incurred by the party claimant. [1991 c 153 § 4.]
6.44.050 Determining amount of the money of
certain contract claims. (1) If an amount contracted to be
paid in a foreign money is measured by a specified amount
of a different money, the amount to be paid is determined on
the conversion date.
(2) If an amount contracted to be paid in a foreign
money is to be measured by a different money at the rate of
exchange prevailing on a date before default, that rate of
exchange applies only to payments made within a reasonable
time after default, not exceeding thirty days. Thereafter,
conversion is made at the bank-offered spot rate on the
conversion date.
(3) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides
that the amount of the debtor’s obligation to be paid in the
debtor’s money, when received by the creditor, must equal
a specified amount of the foreign money of the country of
the creditor. If, because of unexcused delay in payment of
a judgment or award, the amount received by the creditor
does not equal the amount of the foreign money specified in
the agreement, the court or arbitrator shall amend the
judgment or award accordingly. [1991 c 153 § 5.]
6.44.060 Asserting and defending foreign-money
claim. (1) A person may assert a claim in a specified
foreign money. If a foreign-money claim is not asserted, the
claimant makes the claim in United States dollars.
(2) An opposing party may allege and prove that a
claim, in whole or in part, is in a different money than that
asserted by the claimant.
(3) A person may assert a defense, set-off, recoupment,
or counterclaim in any money without regard to the money
of other claims.
(4) The determination of the proper money of the claim
is a question of law. [1991 c 153 § 6.]
6.44.070 Judgments and awards on foreign-money
claims—Times of money conversion—Form of judgment.
(1) Except as provided in subsection (3) of this section, a
judgment or award on a foreign-money claim must be stated
in an amount of the money of the claim.
(2) A judgment or award on a foreign-money claim is
payable in that foreign money or, at the option of the debtor,
in the amount of United States dollars which will purchase
that foreign money on the conversion date at a bank-offered
spot rate.
(3) Assessed costs must be entered in United States
dollars.
(4) Each payment in United States dollars must be
accepted and credited on a judgment or award on a foreignmoney claim in the amount of the foreign money that could
be purchased by the dollars at a bank-offered spot rate of
exchange at or near the close of business on the conversion
date for that payment.
[Title 6 RCW—page 51]
6.44.070
Title 6 RCW: Enforcement of Judgments
(5) A judgment or award made in an action or distribution proceeding on both (a) a defense, set-off, recoupment,
or counterclaim, and (b) the adverse party’s claim, must be
netted by converting the money of the smaller into the
money of the larger, and by subtracting the smaller from the
larger, and specify the rates of exchange used.
(6) A judgment substantially in the following form
complies with subsection (1) of this section:
IT IS ADJUDGED AND ORDERED, that defendant
pay to plaintiff (insert name) the
(insert name)
sum of
(insert amount in the foreign money)
plus
interest on that sum at the rate of (insert rate—see RCW
6.44.090) percent a year or, at the option of the judgment
debtor, the number of United States dollars which will
purchase the
(insert name of foreign money)
with
interest due, at a bank-offered spot rate at or near the close
of business on the banking day next before the day of
payment, together with assessed costs of (insert amount)
United States dollars.
(7) If a contract claim is of the type covered by RCW
6.44.050 (a) or (b) [(1) or (2)], the judgment or award must
be entered for the amount of money stated to measure the
obligation to be paid in the money specified for payment or,
at the option of the debtor, the number of United States
dollars which will purchase the computed amount of the
money of payment on the conversion date at a bank-offered
spot rate.
(8) A judgment must be filed or docketed and indexed
in foreign money in the same manner, and has the same
effect as a lien, as other judgments. It may be discharged by
payment. [1991 c 153 § 7.]
6.44.080 Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near
the close of business on the day the distribution proceeding
is initiated governs all exchanges of foreign money in a
distribution proceeding. A foreign-money claimant in a
distribution proceeding shall assert its claim in the named
foreign money and show the amount of United States dollars
resulting from a conversion as of the date the proceeding
was initiated. [1991 c 153 § 8.]
6.44.090 Prejudgment and judgment interest. (1)
With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be
applied in the action or distribution proceeding, except as
provided in subsection (2) of this section, are matters of the
substantive law governing the right to recovery under the
conflict of laws rules of this state.
(2) The court or arbitrator shall increase or decrease the
amount of prejudgment or preaward interest otherwise
payable in a judgment or award in foreign money to the
extent required by the law of this state governing a failure to
make or accept an offer of settlement or offer of judgment,
or conduct by a party or its attorney causing undue delay or
expense.
(3) A judgment or award on a foreign-money claim
bears interest at the rate applicable to judgments of this state.
[1991 c 153 § 9.]
[Title 6 RCW—page 52]
6.44.100 Enforcement of foreign judgments. (1) If
an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment
is recognized in this state as enforceable, the enforcing
judgment must be entered as provided in RCW 6.44.070,
whether or not the foreign judgment confers an option to pay
in an equivalent amount of United States dollars.
(2) A foreign judgment may be filed or docketed in
accordance with any rule or statute of this state providing a
procedure for its recognition and enforcement.
(3) A satisfaction or partial payment made upon the
foreign judgment, on proof thereof, must be credited against
the amount of foreign money specified in the judgment,
notwithstanding the entry of judgment in this state.
(4) A judgment entered on a foreign-money claim only
in United States dollars in another state must be enforced in
this state in United States dollars only. [1991 c 153 § 10.]
6.44.110 Determining United States dollar value of
foreign-money claims for limited purposes. (1) Computations under this section are for the limited purposes of this
section and do not affect computation of the United States
dollar equivalent of the money of the judgment for the
purpose of payment.
(2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in
United States dollars of assets to be seized or restrained
pursuant to a writ of attachment, garnishment, execution, or
other legal process, the amount of United States dollars at
issue for assessing costs, or the amount of United States
dollars involved for a surety bond or other court-required
undertaking, must be ascertained as provided in subsections
(3) and (4) of this section.
(3) A party seeking process, costs, bond, or other
undertaking under subsection (2) of this section, shall
compute in United States dollars the amount of the foreign
money claimed from a bank-offered spot rate prevailing at
or near the close of business on the banking day next
preceding the filing of a request or application for the
issuance of process or for the determination of costs, or an
application for a bond or other court-required undertaking.
(4) A party seeking the process, costs, bond, or other
undertaking under subsection (2) of this section shall file
with each request or application an affidavit or certificate
executed in good faith by its counsel or a bank officer,
stating the market quotation used and how it was obtained,
and setting forth the calculation. Affected court officials
incur no liability, after a filing of the affidavit or certificate,
for acting as if the judgment were in the amount of United
States dollars stated in the affidavit or certificate. [1991 c
153 § 11.]
6.44.120 Effect of currency revalorization. (1) If,
after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money
substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the
new money at the rate of conversion the issuing country
establishes for the payment of like obligations or losses
denominated in the former money.
(2002 Ed.)
Uniform Foreign-Money Claims Act
6.44.120
(2) If substitution under subsection (1) of this section
occurs after a judgment or award is entered on a foreignmoney claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
[1991 c 153 § 12.]
6.44.130 Supplementary general principles of law.
Unless displaced by particular provisions of this chapter, the
principles of law and equity, including the law merchant, and
the law relative to capacity to contract, principal and agent,
estoppel, fraud, misrepresentation, duress, coercion, mistake,
bankruptcy, or other validating or invalidating causes supplement its provisions. [1991 c 153 § 13.]
6.44.140 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it. [1991
c 153 § 14.]
6.44.901 Short title. This chapter may be cited as the
uniform foreign-money claims act. [1991 c 153 § 15.]
6.44.902 Effective date—1991 c 153. This chapter
shall take effect January 1, 1992. [1991 c 153 § 16.]
6.44.903 Severability—1991 c 153. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 153 § 17.]
6.44.904 Prospective application. This chapter
applies prospectively only and not retroactively. It applies
only to causes of action which are commenced on or after
January 1, 1992. [1991 c 153 § 18.]
(2002 Ed.)
[Title 6 RCW—page 53]
Title 7
SPECIAL PROCEEDINGS AND ACTIONS
Chapters
7.04
7.06
7.08
7.16
7.21
7.24
7.25
7.28
7.36
7.40
7.42
7.43
7.44
7.48
7.48A
7.52
7.56
7.60
7.64
7.68
7.69
7.69A
7.70
7.71
7.72
7.75
7.80
7.84
7.88
Arbitration.
Mandatory arbitration of civil actions.
Assignment for benefit of creditors.
Certiorari, mandamus, and prohibition.
Contempt of court.
Uniform declaratory judgments act.
Declaratory judgments of local bond issues.
Ejectment, quieting title.
Habeas corpus.
Injunctions.
Injunctions—Obscene materials.
Injunctions—Drug nuisances.
Ne exeat.
Nuisances.
Moral nuisances.
Partition.
Quo warranto.
Receivers.
Replevin.
Victims of crimes—Compensation, assistance.
Crime victims, survivors, and witnesses.
Child victims and witnesses.
Actions for injuries resulting from health
care.
Health care peer review.
Product liability actions.
Dispute resolution centers.
Civil infractions.
Natural resource infractions.
Confidentiality of financial institution compliance review information.
Abortion clinics, interference with: Chapter 9A.50 RCW.
Adoption: Chapter 26.33 RCW.
Animals, trespass: Chapter 16.04 RCW.
Arbitration, labor disputes: Chapter 49.08 RCW.
Boundaries
action to establish and mark: Chapter 58.04 RCW.
counties: Chapter 36.05 RCW.
Certiorari: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
Civil rights, law against discrimination: Chapter 49.60 RCW.
Claims against
cities and towns: Chapters 35.23, 35.31 RCW.
counties: Chapter 36.45 RCW.
state: Chapter 4.92 RCW.
Corporations, dissolution: Chapter 23B.14 RCW.
Dissolution, legal separation: Chapter 26.09 RCW.
District courts: Titles 3, 12 RCW.
Eminent domain: Title 8 RCW; State Constitution Art. 1 § 16 (Amendment
9); Art. 12 § 10.
Escheats: Chapter 11.08 RCW.
Executions
generally: Chapter 6.17 RCW.
sales, redemptions: Chapters 6.21, 6.23 RCW.
(2002 Ed.)
supplemental proceedings: Chapter 6.32 RCW.
Families, abandonment or nonsupport: Chapter 26.20 RCW.
Family court: Chapter 26.12 RCW.
Forcible and unlawful detainer: Chapter 59.12 RCW.
Forcible entry: Chapter 59.12 RCW.
Foreclosure of
chattel mortgages: Chapter 62A.9A RCW.
real estate mortgages: Chapter 61.12 RCW.
Garnishment: Chapters 6.26, 6.27 RCW.
Habeas corpus: State Constitution Art. 1 § 13; Art. 4 §§ 4, 6 (Amendment
28).
Harassment: Chapter 10.14 RCW.
Health care facilities, interference with: Chapter 9A.50 RCW.
Homesteads: Chapter 6.13 RCW.
Imprisonment for debt: State Constitution Art. 1 § 17.
Injunction: State Constitution Art. 4 § 6 (Amendment 28).
Injunctions, labor disputes: Chapter 49.32 RCW.
Judgments, enforcement: Title 6 RCW.
Justice (district) courts: State Constitution Art. 4 §§ 6, 10 (Amendment 28).
Juveniles, courts and offenders: Title 13 RCW.
Lakes, outflow regulation: Chapter 90.24 RCW.
Land titles
proceedings, transfer from justice (district) court: RCW 12.20.070.
registration (Torrens Act): Chapter 65.12 RCW.
Legal notices, publication: Chapter 65.16 RCW.
Liens
enforcement of, against vessels: RCW 60.36.020.
provision as to foreclosure of various: Title 60 RCW.
Liquor
abatement: Chapter 66.36 RCW.
search and seizure: Chapter 66.32 RCW.
Mandamus: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
Medical facilities, interference with: Chapter 9A.50 RCW.
Mentally ill, proceedings as to: Chapter 71.05 RCW.
Military, tribunals, trials, etc.: Title 38 RCW.
Name, change of—Fees: RCW 4.24.130.
Nonparental actions for child custody: Chapter 26.10 RCW.
Parentage, Uniform Act: Chapter 26.26 RCW.
Probate: Title 11 RCW.
Prohibition: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
Property
adverse claims to levy: Chapter 6.19 RCW.
lost and found: Chapter 63.21 RCW.
unclaimed, uniform act: Chapter 63.29 RCW.
unclaimed in city police’s hands: Chapter 63.32 RCW.
Prosecution by information: State Constitution Art. 1 § 25.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Quo warranto: State Constitution Art. 4 § 6 (Amendment 28).
Real property, conveyances: Title 64 RCW.
Records, lost: Chapter 5.48 RCW.
Rent, actions to collect forty dollars a month or less: Chapter 59.08 RCW.
Replevin, district courts: Chapter 12.28 RCW.
Rights of accused: State Constitution Art. 1 § 22 (Amendment 10).
[Title 7 RCW—page 1]
Title 7
Title 7 RCW: Special Proceedings and Actions
Sexual psychopaths: Chapter 71.06 RCW.
Small claims courts: Chapter 12.40 RCW.
Subpoenas: Chapter 5.56 RCW.
Subversive activities: Chapter 9.81 RCW.
Superior court: State Constitution Art. 4 §§ 3(a) (Amendment 25), 6, 10
(Amendment 28).
Support: Chapter 26.21 RCW.
Support of dependent children—Alternative method—1971 act: Chapter
74.20A RCW.
Supreme court: State Constitution Art. 4 § 3(a) (Amendment 25).
Television, subscription services, unlawful sale or theft, civil cause of
action: RCW 9A.56.250.
Tree spiking, action for damages: RCW 9.91.155.
Trial by jury: State Constitution Art. 1 § 21.
Unemployment compensation, review, etc.: Chapter 50.32 RCW.
Unlawful entry and detainer: Chapter 59.16 RCW.
Veterans—Uniform guardianship act: Chapter 73.36 RCW.
Warehouseman’s lien: Chapter 62A.7 RCW.
Waste and trespass: Chapter 64.12 RCW.
Water rights, determination: RCW 90.03.110 through 90.03.240.
Waters, public ground, regulation of: Chapter 90.44 RCW.
Workers’ compensation cases: Title 51 RCW.
Chapter 7.04
ARBITRATION
Sections
7.04.010
7.04.020
7.04.030
7.04.040
Arbitration authorized.
Applications in writing—How heard—Jurisdiction.
Stay of action pending arbitration.
Motion to compel arbitration—Notice and hearing—Motion
for stay.
7.04.050
Appointment of arbitrators by court.
7.04.060
Notice of intention to arbitrate—Contents.
7.04.070
Hearing by arbitrators.
7.04.080
Failure of party to appear no bar to hearing and determination.
7.04.090
Time of making award—Extension—Failure to make award
when required.
7.04.100
Representation by attorney.
7.04.110
Witnesses—Compelling attendance.
7.04.120
Depositions.
7.04.130
Order to preserve property or secure satisfaction of award.
7.04.140
Form of award—Copies to parties.
7.04.150
Confirmation of award by court.
7.04.160
Vacation of award—Rehearing.
7.04.170
Modification or correction of award by court.
7.04.175
Modification or correction of award by arbitrators.
7.04.180
Notice of motion to vacate, modify, or correct award—Stay.
7.04.190
Judgment—Costs.
7.04.200
Judgment roll—Docketing.
7.04.210
Effect of judgment.
7.04.220
Appeal.
Arbitration of labor disputes: Chapter 49.08 RCW.
7.04.010 Arbitration authorized. Two or more
parties may agree in writing to submit to arbitration, in
conformity with the provisions of this chapter, any controversy which may be the subject of an action existing
between them at the time of the agreement to submit, or they
may include in a written agreement a provision to settle by
arbitration any controversy thereafter arising between them
out of or in relation to such agreement. Such agreement
shall be valid, enforceable and irrevocable save upon such
[Title 7 RCW—page 2]
grounds as exist in law or equity for the revocation of any
agreement.
The provisions of this chapter shall not apply to any
arbitration agreement between employers and employees or
between employers and associations of employees, and as to
any such agreement the parties thereto may provide for any
method and procedure for the settlement of existing or future
disputes and controversies, and such procedure shall be
valid, enforceable and irrevocable save upon such grounds
as exist in law or equity for the revocation of any agreement.
[1947 c 209 § 1; 1943 c 138 § 1; Rem. Supp. 1947 § 4301.]
Saving—1943 c 138: "Sections 264, 265, 266, 267, 268, 269, 270,
271, 272, 273, and 274 of the Code of 1881 (sections 420 to 430, both
inclusive, Remington’s Revised Statutes; sections 7339 to 7349, both
inclusive, Pierce’s Code) are hereby repealed: PROVIDED, HOWEVER,
That arbitration proceedings pending upon the effective date of this act may
be carried through to final judgment under the provisions of said sections,
which are hereby continued in effect for such purposes only." [1943 c 138
§ 23.] This applies to RCW 7.04.010 through 7.04.170 and 7.04.180
through 7.04.220.
7.04.020 Applications in writing—How heard—
Jurisdiction. Any application made under authority of this
chapter shall be made in writing and heard in a summary
way in the manner and upon the notice provided by law or
rules of court for the making and hearing of motions or
petitions, except as otherwise herein expressly provided.
Jurisdiction under this chapter is specifically conferred
on the district and superior courts of the state, subject to
jurisdictional limitations. [1982 c 122 § 1; 1943 c 138 § 2;
Rem. Supp. 1943 § 430-2.]
7.04.030 Stay of action pending arbitration. If any
action for legal or equitable relief or other proceedings be
brought by any party to a written agreement to arbitrate, the
court in which such action or proceeding is pending, upon
being satisfied that any issue involved in such action or
proceeding is referable to arbitration under such agreement,
shall, on motion of any party to the arbitration agreement,
stay the action or proceeding until an arbitration has been
had in accordance with the agreement. [1943 c 138 § 3;
Rem. Supp. 1943 § 430-3.]
7.04.040 Motion to compel arbitration—Notice and
hearing—Motion for stay. (1) A party to a written
agreement for arbitration claiming the neglect or refusal of
another to proceed with an arbitration thereunder may make
application to the court for an order directing the parties to
proceed with the arbitration in accordance with their agreement. Eight days notice in writing of such application shall
be served upon the party alleged to be in default. Service
thereof shall be made in the manner provided by law for
service of a summons in a civil action in the court specified
in RCW 7.04.020. If the court is satisfied after hearing the
parties that no substantial issue exists as to the existence or
validity of the agreement to arbitrate or the failure to comply
therewith, the court shall make an order directing the parties
to proceed to arbitrate in accordance with the terms of the
agreement.
(2) If the court shall find that a substantial issue is
raised as to the existence or validity of the arbitration
(2002 Ed.)
Arbitration
agreement or the failure to comply therewith, the court shall
proceed immediately to the trial of such issue. If upon such
trial the court finds that no written agreement providing for
arbitration was made or that there is no default in proceeding
thereunder, the motion to compel arbitration shall be denied.
(3) Either party shall have the right to demand the
immediate trial by jury of any such issue concerning the
validity or existence of the arbitration agreement or the
failure to comply therewith. Such demand shall be made
before the return day of the motion to compel arbitration
under this section, or if no such motion was made, the
demand shall be made in the application for a stay of the
arbitration, as provided under subsection (4)(a) hereunder.
(4) In order to raise an issue as to the existence or
validity of the arbitration agreement or the failure to comply
therewith, a party must set forth evidentiary facts raising
such issue and must either (a) make a motion for a stay of
the arbitration. If a notice of intention to arbitrate has been
served as provided in RCW 7.04.060, notice of the motion
for the stay must be served within twenty days after service
of said notice. Any issue regarding the validity or existence
of the agreement or failure to comply therewith shall be tried
in the same manner as provided in subsections (2) and (3)
hereunder; or (b) by contesting a motion to compel arbitration as provided under subsection (1) of this section. [1943
c 138 § 4; Rem. Supp. 1943 § 430-4.]
7.04.050 Appointment of arbitrators by court.
Upon the application of any party to the arbitration agreement, and upon notice to the other parties thereto, the court
shall appoint an arbitrator, or arbitrators, in any of the
following cases:
(1) When the arbitration agreement does not prescribe
a method for the appointment of arbitrators.
(2) When the arbitration agreement does prescribe a
method for the appointment of arbitrators, and the arbitrators,
or any of them, have not been appointed and the time within
which they should have been appointed has expired.
(3) When any arbitrator fails or is otherwise unable to
act, and his successor has not been duly appointed.
(4) In any of the foregoing cases where the arbitration
agreement is silent as to the number of arbitrators, three
arbitrators shall be appointed by the court.
Arbitrators appointed by the court shall have the same
power as though their appointment had been made in
accordance with the agreement to arbitrate. [1943 c 138 §
5; Rem. Supp. 1943 § 430-5.]
7.04.060 Notice of intention to arbitrate—Contents.
When the controversy arises from a written agreement
containing a provision to settle by arbitration a controversy
thereafter arising between the parties out of or in relation to
such agreement, the party demanding arbitration shall serve
upon the other party, personally or by registered mail, a
written notice of his intention to arbitrate. Such notice must
state in substance that unless within twenty days after its
service, the party served therewith shall serve a notice of
motion to stay the arbitration, he shall thereafter be barred
from putting in issue the existence or validity of the agreement or the failure to comply therewith. [1943 c 138 § 6;
Rem. Supp. 1943 § 430-6.]
(2002 Ed.)
7.04.040
7.04.070 Hearing by arbitrators. The arbitrators
shall appoint a time and place for the hearing and notify the
parties thereof, and may adjourn the hearing from time to
time as may be necessary, and, on application of either
party, and for good cause, may postpone the hearing to a
time not extending beyond the date fixed for making the
award.
All the arbitrators shall meet and act together during the
hearing but a majority of them may determine any question
and render a final award. The court shall have power to
direct the arbitrators to proceed promptly with the hearing
and determination of the controversy. [1943 c 138 § 7;
Rem. Supp. 1943 § 430-7.]
7.04.080 Failure of party to appear no bar to
hearing and determination. If any party neglects to appear
before the arbitrators after reasonable notice of the time and
place of hearing, the arbitrators may nevertheless proceed to
hear and determine the controversy upon the evidence which
is produced before them. [1943 c 138 § 8; Rem. Supp. 1943
§ 430-8.]
7.04.090 Time of making award—Extension—
Failure to make award when required. If the time within
which the award shall be made is not fixed in the arbitration
agreement, the award shall be made within thirty days from
the closing of the proceeding, unless the parties, in writing,
extend the time in which that award may be made. If the
arbitrator fails to make an award when required, the court,
upon motion and hearing, shall order the arbitrator to enter
an award within the time fixed by the court, and may impose
sanctions or terms deemed reasonable by the court. Failure
to make an award within the time required shall not divest
the arbitrators of jurisdiction to make an award or to correct
or modify an award as provided in RCW 7.04.175. [1985 c
265 § 1; 1943 c 138 § 9; Rem. Supp. 1943 § 430-9.]
7.04.100 Representation by attorney. Any party
shall have the right to be represented by an attorney at law
in any arbitration proceeding or any hearing before the
arbitrators. [1943 c 138 § 10; Rem. Supp. 1943 § 430-10.]
7.04.110 Witnesses—Compelling attendance. The
arbitrators, or a majority of them, may require any person to
attend as a witness, and to bring with him any book, record,
document or other evidence. The fees for such attendance
shall be the same as the fees of witnesses in the superior
court. Each arbitrator shall have the power to administer
oaths.
Subpoenae shall issue and be signed by the arbitrators,
or any one of them, and shall be directed to the person and
shall be served in the same manner as subpoenae to testify
before a court of record in this state. If any person so summoned to testify shall refuse or neglect to obey such
subpoenae, upon petition authorized by the arbitrators or a
majority of them, the court may compel the attendance of
such person before the said arbitrator or arbitrators, or punish said person for contempt in the same manner now
provided for the attendance of witnesses or the punishment
of them in the courts of this state. [1943 c 138 § 11; Rem.
Supp. 1943 § 430-11.]
[Title 7 RCW—page 3]
7.04.110
Title 7 RCW: Special Proceedings and Actions
Witnesses, compelling attendance: Chapter 5.56 RCW.
7.04.120 Depositions. Depositions may be taken with
or without a commission in the same manner and upon the
same grounds as provided by law for the taking of depositions in suits pending in the courts of record in this state.
[1943 c 138 § 12; Rem. Supp. 1943 § 430-12.]
Depositions: Rules of court: Cf. CR 28-CR 32; see also Title 5 RCW.
7.04.130 Order to preserve property or secure
satisfaction of award. At any time before final determination of the arbitration the court may upon application of a
party to the agreement to arbitrate make such order or decree
or take such proceeding as it may deem necessary for the
preservation of the property or for securing satisfaction of
the award. [1943 c 138 § 13; Rem. Supp. 1943 § 430-13.]
7.04.140 Form of award—Copies to parties. The
award shall be in writing and signed by the arbitrators or by
a majority of them. The arbitrators shall promptly upon its
rendition deliver a true copy of the award to each of the
parties or their attorneys. [1943 c 138 § 14; Rem. Supp.
1943 § 430-14.]
7.04.150 Confirmation of award by court. At any
time within one year after the award is made, unless the
parties shall extend the time in writing, any party to the
arbitration may apply to the court for an order confirming
the award, and the court shall grant such an order unless the
award is beyond the jurisdiction of the court, or is vacated,
modified, or corrected, as provided in RCW 7.04.160 and
7.04.170. Notice in writing of the motion must be served
upon the adverse party, or his attorney, five days before the
hearing thereof. The validity of an award, otherwise valid,
shall not be affected by the fact that no motion is made to
confirm it. [1982 c 122 § 2; 1943 c 138 § 15; Rem. Supp.
1943 § 430-15.]
7.04.160 Vacation of award—Rehearing. In any of
the following cases the court shall after notice and hearing
make an order vacating the award, upon the application of
any party to the arbitration:
(1) Where the award was procured by corruption, fraud
or other undue means.
(2) Where there was evident partiality or corruption in
the arbitrators or any of them.
(3) Where the arbitrators were guilty of misconduct, in
refusing to postpone the hearing, upon sufficient cause
shown, or in refusing to hear evidence, pertinent and
material to the controversy; or of any other misbehavior, by
which the rights of any party have been prejudiced.
(4) Where the arbitrators exceeded their powers, or so
imperfectly executed them that a final and definite award
upon the subject matter submitted was not made.
(5) If there was no valid submission or arbitration
agreement and the proceeding was instituted without either
serving a notice of intention to arbitrate, as provided in
RCW 7.04.060, or without serving a motion to compel
arbitration, as provided in RCW 7.04.040(1).
An award shall not be vacated upon any of the grounds
set forth under subdivisions (1) to (4), inclusive, unless the
[Title 7 RCW—page 4]
court is satisfied that substantial rights of the parties were
prejudiced thereby.
Where an award is vacated, the court may, in its
discretion, direct a rehearing either before the same arbitrators or before new arbitrators to be chosen in the manner
provided in the agreement for the selection of the original
arbitrators and any provision limiting the time in which the
arbitrators may make a decision shall be deemed applicable
to the new arbitration and to commence from the date of the
court’s order. [1943 c 138 § 16; Rem. Supp. 1943 § 43016.]
7.04.170 Modification or correction of award by
court. In any of the following cases, the court shall, after
notice and hearing, make an order modifying or correcting
the award, upon the application of any party to the arbitration:
(1) Where there was an evident miscalculation of
figures, or an evident mistake in the description of any
person, thing or property, referred to in the award.
(2) Where the arbitrators have awarded upon a matter
not submitted to them.
(3) Where the award is imperfect in a matter of form,
not affecting the merits of the controversy. The order must
modify and correct the award, as to effect the intent thereof.
[1943 c 138 § 17; Rem. Supp. 1943 § 430-17.]
7.04.175 Modification or correction of award by
arbitrators. On application of a party or, if an application
to the court is pending under RCW 7.04.150, 7.04.160, or
7.04.170, on submission to the arbitrators by the court under
such conditions as the court may order, the arbitrators may
modify or correct the award upon the grounds stated in
RCW 7.04.170 (1) and (3). The application shall be made,
in writing, within ten days after delivery of the award to the
applicant. Written notice thereof shall be given forthwith to
the opposing party, stating that objections, if any, must be
served within ten days from the notice. The arbitrators shall
rule on the application within twenty days after such application is made. Any award so modified or corrected is subject
to the provisions of RCW 7.04.150, 7.04.160, and 7.04.170
and is to be considered the award in the case for purposes of
this chapter, said award being effective on the date the
corrections or modifications are made. If corrections or
modifications are denied, then the award shall be effective
as of the date the award was originally made. [1985 c 265
§ 2.]
7.04.180 Notice of motion to vacate, modify, or
correct award—Stay. Notice of a motion to vacate, modify
or correct an award shall be served upon the adverse party,
or his attorney, within three months after a copy of the
award is delivered to the party or his attorney. Such motion
shall be made in the manner prescribed by law for the
service of notice of a motion in an action. For the purposes
of the motion any judge who might make an order to stay
the proceedings, in an action brought in the same court, may
make an order to be served with the notice of motion,
staying the proceedings of the adverse party to enforce the
award. [1943 c 138 § 18; Rem. Supp. 1943 § 430-18.]
(2002 Ed.)
Arbitration
7.04.190 Judgment—Costs. Upon the granting of an
order, confirming, modifying, correcting or vacating an
award, judgment or decree shall be entered in conformity
therewith. Costs of the application and of the proceedings
subsequent thereto, not exceeding twenty-five dollars and
disbursements, may be awarded by the court in its discretion.
[1943 c 138 § 19; Rem. Supp. 1943 § 430-19.]
7.04.200 Judgment roll—Docketing. Immediately
after entering judgment, the clerk must attach together and
file the following papers, which constitute the judgment roll:
(1) The agreement; the selection or appointment, if any,
of an additional arbitrator, or umpire; and each written
extension of the time, if any, within which to make the
award.
(2) The award.
(3) Each notice, affidavit or other paper used upon an
application to confirm, modify or correct the award, and a
copy of each order of the court upon such an application.
(4) A copy of the judgment.
The judgment may be docketed as if it was rendered in
an action. [1943 c 138 § 20; Rem. Supp. 1943 § 430-20.]
7.04.210 Effect of judgment. The judgment so
entered has the same force and effect, in all respects as, and
is subject to all the provisions of law relating to, a judgment
in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered. [1943
c 138 § 21; Rem. Supp. 1943 § 430-21.]
7.04.220 Appeal. An appeal may be taken from any
final order made in a proceeding under this chapter, or from
a judgment entered upon an award, as from an order or
judgment in any civil action. [1943 c 138 § 22; Rem. Supp.
1943 § 430-22.]
Chapter 7.06
MANDATORY ARBITRATION OF CIVIL ACTIONS
Sections
7.06.010
7.06.020
7.06.030
7.06.040
7.06.050
7.06.060
7.06.070
7.06.080
7.06.900
7.06.910
Rules of
Authorization.
Actions subject to mandatory arbitration—Court may authorize mandatory arbitration of maintenance and child
support.
Implementation by supreme court rules.
Qualifications, appointment and compensation of arbitrators.
Decision and award—Appeals—Trial—Judgment.
Costs and attorneys’ fees.
Right to trial by jury.
Application date for request under RCW 7.06.050 and
7.06.060.
Severability—1979 c 103.
Effective date—1979 c 103.
court: See Superior Court Mandatory Arbitration Rules (MAR).
7.06.010 Authorization. In counties with a population
of more than one hundred fifty thousand, mandatory arbitration of civil actions under this chapter shall be required. In
counties with a population of one hundred fifty thousand or
less, the superior court of the county, by majority vote of the
judges thereof, or the county legislative authority may
authorize mandatory arbitration of civil actions under this
(2002 Ed.)
7.04.190
chapter. [2002 c 338 § 1; 1991 c 363 § 7; 1984 c 258 §
511; 1979 c 103 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.06.020 Actions subject to mandatory arbitration—
Court may authorize mandatory arbitration of maintenance and child support. (1) All civil actions, except for
appeals from municipal or district courts, which are at issue
in the superior court in counties which have authorized
arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of fifteen
thousand dollars, or if approved by the superior court of a
county by two-thirds or greater vote of the judges thereof, up
to thirty-five thousand dollars, exclusive of interest and
costs, are subject to mandatory arbitration.
(2) If approved by majority vote of the superior court
judges of a county which has authorized arbitration, all civil
actions which are at issue in the superior court in which the
sole relief sought is the establishment, termination or
modification of maintenance or child support payments are
subject to mandatory arbitration. The arbitrability of any
such action shall not be affected by the amount or number
of payments involved. [1987 c 212 § 101; 1987 c 202 §
127; 1985 c 265 § 3; 1982 c 188 § 1; 1979 c 103 § 2.]
Rules of court: MAR 1.2.
Reviser’s note: This section was amended by 1987 c 202 § 127 and
by 1987 c 212 § 101, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1987 c 212 §§ 101 and 102: "Sections 101 and 102
of this act shall take effect July 1, 1988." [1987 c 212 § 1902.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.06.030 Implementation by supreme court rules.
The supreme court shall by rule adopt procedures to implement mandatory arbitration of civil actions under this
chapter. [1979 c 103 § 3.]
7.06.040 Qualifications, appointment and compensation of arbitrators. The appointment of arbitrators shall be
prescribed by rules adopted by the supreme court. An
arbitrator must be a member of the state bar association who
has been admitted to the bar for a minimum of five years or
who is a retired judge. The parties may stipulate to a
nonlawyer arbitrator. The supreme court may prescribe by
rule additional qualifications of arbitrators.
Arbitrators shall be compensated in the same amount
and manner as judges pro tempore of the superior court.
[1987 c 212 § 102; 1979 c 103 § 4.]
Effective date—1987 c 212 §§ 101 and 102: See note following
RCW 7.06.020.
7.06.050 Decision and award—Appeals—Trial—
Judgment. (1) Following a hearing as prescribed by court
rule, the arbitrator shall file his decision and award with the
clerk of the superior court, together with proof of service
thereof on the parties. Within twenty days after such filing,
any aggrieved party may file with the clerk a written notice
of appeal and request for a trial de novo in the superior court
[Title 7 RCW—page 5]
7.06.050
Title 7 RCW: Special Proceedings and Actions
on all issues of law and fact. Such trial de novo shall
thereupon be held, including a right to jury, if demanded.
(a) Up to thirty days prior to the actual date of a trial de
novo, a nonappealing party may serve upon the appealing
party a written offer of compromise.
(b) In any case in which an offer of compromise is not
accepted by the appealing party within ten calendar days
after service thereof, for purposes of MAR 7.3, the amount
of the offer of compromise shall replace the amount of the
arbitrator’s award for determining whether the party appealing the arbitrator’s award has failed to improve that party’s
position on the trial de novo.
(c) A postarbitration offer of compromise shall not be
filed or communicated to the court or the trier of fact until
after judgment on the trial de novo, at which time a copy of
the offer of compromise shall be filed for purposes of
determining whether the party who appealed the arbitrator’s
award has failed to improve that party’s position on the trial
de novo, pursuant to MAR 7.3.
(2) If no appeal has been filed at the expiration of
twenty days following filing of the arbitrator’s decision and
award, a judgment shall be entered and may be presented to
the court by any party, on notice, which judgment when
entered shall have the same force and effect as judgments in
civil actions. [2002 c 339 § 1; 1982 c 188 § 2; 1979 c 103
§ 5.]
7.06.060 Costs and attorneys’ fees. (1) The superior
court shall assess costs and reasonable attorneys’ fees against
a party who appeals the award and fails to improve his or
her position on the trial de novo. The court may assess
costs and reasonable attorneys’ fees against a party who
voluntarily withdraws a request for a trial de novo if the
withdrawal is not requested in conjunction with the acceptance of an offer of compromise.
(2) For the purposes of this section, "costs and reasonable attorneys’ fees" means those provided for by statute or
court rule, or both, as well as all expenses related to expert
witness testimony, that the court finds were reasonably
necessary after the request for trial de novo has been filed.
(3) If the prevailing party in the arbitration also prevails
at the trial de novo, even though at the trial de novo the
appealing party may have improved his or her position from
the arbitration, this section does not preclude the prevailing
party from recovering those costs and disbursements otherwise allowed under chapter 4.84 RCW, for both actions.
[2002 c 339 § 2; 1979 c 103 § 6.]
7.06.070 Right to trial by jury. No provision of this
chapter may be construed to abridge the right to trial by
jury. [1979 c 103 § 7.]
7.06.080 Application date for request under RCW
7.06.050 and 7.06.060. RCW 7.06.050 and 7.06.060 apply
to all requests for a trial de novo filed pursuant to and in
appeal of an arbitrator’s decision and filed on or after June
13, 2002. [2002 c 339 § 3.]
7.06.900 Severability—1979 c 103. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
[Title 7 RCW—page 6]
the provision to other persons or circumstances is not
affected. [1979 c 103 § 9.]
7.06.910 Effective date—1979 c 103. This act shall
take effect July 1, 1980. [1979 c 103 § 10.]
Chapter 7.08
ASSIGNMENT FOR BENEFIT OF CREDITORS
Sections
7.08.010
7.08.020
7.08.030
7.08.050
7.08.060
7.08.070
7.08.080
7.08.090
7.08.100
7.08.110
7.08.120
7.08.130
7.08.140
7.08.150
7.08.170
7.08.180
7.08.190
7.08.200
Fraud in
Assignment must be for benefit of all creditors.
Assent of creditors presumed.
Assignment—Procedure—Creditor’s selection of new assignee.
Inventory by assignee—Bond.
Notice to creditors.
List of creditors’ claims.
Exceptions to claims.
Dividends—Final account—Compensation.
Assignee subject to court’s control.
Assignment not void, when.
Additional inventory.
Procedure on claims not due—Limitation on presentment of
claims.
Authority of assignee to dispose of assets.
Procedure when assignee dies, fails to act, misapplies estate,
or if bond insufficient.
Discharge of assignor.
Sheriff disqualified from acting.
Right of assignor to exemption.
Exemption, how claimed—Objections.
assignment for benefit of creditors: RCW 9.45.100.
7.08.010 Assignment must be for benefit of all
creditors. No general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of
creditors, shall be valid unless it be made for the benefit of
all his creditors in proportion to the amount of their respective claims; and after the payment of the costs and disbursements thereof, including the attorney fees allowed by law in
case of judgment, out of the estate of the insolvent, such
claim or claims shall be deemed as presented, and shall
share pro rata with other claims as hereinafter provided.
[1893 c 100 § 1; 1890 p 83 § 1; RRS § 1086.]
7.08.020 Assent of creditors presumed. In case of
an assignment for the benefit of all the creditors of the
assignor, the assent of the creditors shall be presumed.
[1890 p 83 § 2; RRS § 1087.]
7.08.030 Assignment—Procedure—Creditor’s
selection of new assignee. The debtor shall annex to such
assignment an inventory, under oath, of all his estate, real
and personal, according to the best of his knowledge, and
also a list of his creditors, with their post office address and
a list of the amount of their respective demands, but such
inventory shall not be conclusive as to the amount of the
debtor’s estate. Every assignment shall be in writing, and
duly acknowledged in the same manner as conveyances of
real estate, and recorded in the record of deeds of the county
where the person making the same resides, or where the
business in respect to which the same is made has been
carried on.
(2002 Ed.)
Assignment for Benefit of Creditors
Upon the application of two or more creditors of said
debtor therefor, by petition to the judge of the superior court
of the county in which such assignment is or should be
recorded, at any time within thirty days from the making or
recording of such assignment, it shall be the duty of said
superior judge to direct the clerk of said superior court to
order a meeting of the creditors of said debtors, to choose an
assignee of the estate of said debtor in lieu of the assignee
named by the debtor in his assignment; and thereupon the
clerk of said court shall forthwith give notice to all the
creditors of said debtor to meet at his office at a time stated,
not to exceed fifteen days from the date of such notice, to
select one or more assignees in the place of the assignee
named by the debtor in his assignment. Such creditors may
appear in person or by proxy, and a majority in number and
value of said creditors attending such meeting shall select
one or more assignees; and in the event that no one shall
receive a majority vote of said creditors who represent at
least one-half in amount of all claims represented at such
meeting, then, and in that event, said clerk shall certify that
fact to the judge of the superior court aforesaid, and thereupon said superior judge shall select and appoint an assignee.
When such assignee shall have been selected by such
creditors, or appointed by the superior judge as herein
provided, then the assignee named in the debtor’s assignment
shall forthwith make to the assignee elected by the creditors
or appointed by the superior judge, an assignment and
conveyance of all the estate, real and personal, that has been
assigned or conveyed to him by said debtor; and such assignee so elected by the creditors or appointed by the
superior judge, upon giving the bond required of an assignee
by RCW 7.08.010 through 7.08.170, shall possess all the
powers, and be subject to all the duties imposed by RCW
7.08.010 through 7.08.170, as fully to all intents and purposes as though named in the debtor’s assignment.
From the time of the pending of an application to elect
an assignee by the creditors, and until the time shall be
terminated by an election or appointment as herein provided,
no property of the debtor, except perishable property, shall
be sold or disposed of by any assignee; but the same shall be
safely and securely kept until the election or appointment of
an assignee as herein provided. No creditor shall be entitled
to vote at any such meeting called for the purpose of
electing an assignee, until he shall have presented to the
clerk of the superior court, who shall preside at such
meeting, a verified statement of his claim against the debtor.
[1890 p 83 § 3; RRS § 1088. Formerly RCW 7.08.030 and
7.08.040.]
7.08.050 Inventory by assignee—Bond. The assignee shall also forthwith file with the clerk of the superior
court of the county where such assignment will be recorded,
a true and full inventory and valuation of said estate, under
oath, as far as the same has come to his knowledge, and
shall then and there enter into bonds to the state of Washington, for the use of the creditors, in double the amount of the
inventory and valuation, with two or more sufficient sureties,
to be approved by said clerk, for the faithful performance of
said trust; and the assignee may thereupon proceed to
perform any duties necessary to carry into effect the intention of said assignment. [1890 p 85 § 4; RRS § 1089.]
(2002 Ed.)
7.08.030
7.08.060 Notice to creditors. The assignee shall
forthwith give notice of such assignment, by publication in
some newspaper in the county, if any, and if none, then in
the nearest county thereto, which publication shall be continued at least six weeks; and shall forthwith send a notice by
mail to each creditor of whom he shall be informed, directed
to their usual place of residence, and notifying the creditors
to present their claims, under oath, to him within three
months thereafter. [1890 p 85 § 5; RRS § 1090.]
7.08.070 List of creditors’ claims. At the expiration
of three months from the time of first publishing notice, the
assignee shall report and file with the clerk of the court a
true and full list, under oath, of all such creditors of the
assignor as shall have claims to be such, with a statement of
their claims, and also an affidavit of publication or notice,
and a list of the creditors, with their places of residence, to
whom notice has been sent by mail, and the date of mailing,
duly verified. [1890 p 85 § 6; RRS § 1091.]
7.08.080 Exceptions to claims. Any person interested
may appear within three months after filing such report and
file with said clerk any exceptions to the claim or demand of
any creditor, and the clerk shall forthwith cause notice
thereof to be given to the creditor, which shall be served and
returned as in case of summons, and the said court shall
proceed to hear proof of the parties in the premises, and
shall render such judgment therein as shall be just, and may
allow a trial by jury thereon. [1957 c 9 § 7; 1890 p 85 § 7;
RRS § 1092.]
7.08.090 Dividends—Final account—Compensation.
If no exception be made to the claim of any creditor, or if
the same has been adjudicated, the court shall order the
assignee to make from time to time fair and equal dividends
among the creditors of the assets in his hands, in proportion
to their claims, and as soon as may be to render a final
account of said trust to said court, which may allow such
commissions to said assignee in the final settlement as may
be considered right and just, not exceeding, however, the
fees and compensation allowed by law to administrators and
executors. [1893 c 26 § 1; 1890 p 86 § 8; RRS § 1093.]
7.08.100 Assignee subject to court’s control. The
assignee shall at all times be subject to the order of the court
or judge, and the said court or judge may, by citation and
attachment, compel the assignee from time to time to file
reports of his proceedings, and of the situation and condition
of the trust, and to proceed in the faithful execution of the
duties required by RCW 7.08.010 through 7.08.170. [1890
p 86 § 9; RRS § 1094.]
7.08.110 Assignment not void, when. No assignment
shall be declared fraudulent or void for want of any list or
inventory as provided in RCW 7.08.010 through 7.08.170.
The court or judge may, upon application of the assignee, or
any creditor, compel the appearance in person of the debtor
before such court or judge to answer under oath such matters
as may then and there be inquired of him; and such debtor
may then and there be fully examined under oath as to the
amount and situation of his estate, and the names of the
[Title 7 RCW—page 7]
7.08.110
Title 7 RCW: Special Proceedings and Actions
creditors, and amounts due to each, with their places of
residence, and the court may compel the delivery to the
assignee of any property or estate embraced in the assignment. [1957 c 9 § 8; 1890 p 86 § 10; RRS § 1095.]
7.08.120 Additional inventory. The assignee shall,
from time to time, file with the clerk of the court an inventory and valuation of any additional property which may come
into his hands under such assignment, after the filing of the
first inventory, and the clerk may thereupon require him to
give additional security. [1890 p 86 § 11; RRS § 1096.]
7.08.130 Procedure on claims not due—Limitation
on presentment of claims. Any creditor may claim debts
to become due, as well as debts due, but on debts not due,
a reasonable abatement shall be made when the same are not
drawing interest; and all creditors who shall not exhibit their
claims within the term of three months from the publication
of notice as aforesaid shall not participate in the dividends
until after payment in full of all claims presented within said
term and allowed by the court. [1890 p 86 § 12; RRS §
1097.]
7.08.140 Authority of assignee to dispose of assets.
Any assignee as aforesaid shall have as full power and
authority to dispose of all estate, real and personal, assigned,
as the debtor had at the time of assignment, and to sue for
and recover, in the name of such assignee, everything
belonging or appertaining to said estate, and generally to do
whatever the debtor might have done in the premises; but no
sale of real estate belonging to said trust shall be made
without notice published, as in case of sale of real estate on
execution, unless the court shall order and direct otherwise.
[1890 p 87 § 13; RRS § 1098.]
7.08.150 Procedure when assignee dies, fails to act,
misapplies estate, or if bond insufficient. In case any
assignee shall die before closing of his trust, or in case any
assignee shall fail or neglect, for the period of thirty days
after the making of any assignment, to file an inventory and
valuation, and give bonds as required by RCW 7.08.010
through 7.08.170, the superior court, or judge thereof, of the
county where such assignment may be recorded, on the
application of any person interested, shall appoint some
person to execute the trust embraced in such assignment; and
such person, on giving the bond, with sureties, as required
of the assignee, shall possess all the powers conferred on
such assignee and shall be subject to all the duties hereby
imposed, as fully as though named in the assignment; and in
case any surety shall be discovered insufficient, or on
complaint before the court or judge it should be made to
appear that any assignee is guilty of wasting or misapplying
the trust estate, said court or judge may direct and require
additional security, and may remove such assignee, and may
appoint others instead, and such person so appointed, on
giving bond, shall have full power to execute such duties,
and to demand and sue for all estate in the hands of the
person removed, and to demand and recover the amount and
value of all moneys and property or estate so wasted and
misapplied, which he may neglect or refuse to make satisfac[Title 7 RCW—page 8]
tion for, from such person and his sureties. [1890 p 87 § 14;
RRS § 1099. Formerly RCW 7.08.150 and 7.08.160.]
7.08.170 Discharge of assignor. Whenever it shall
appear to the satisfaction of the court or judge thereof when
the assignment is pending upon the final reports of the
assignee chosen by the creditors or otherwise that the assignor has been guilty of no fraud in making an assignment or
concealment or diversion of the property or any part thereof,
in order to keep the same beyond the reach of creditors, and
has acted justly and fairly in all respects; that the estate has
been made to realize the fullest amount possible and that the
expenses of the assignment have been paid, the judge of the
court having jurisdiction of the matter shall, upon the
allowance of the final account of the assignee, make an
order discharging the assignor or assignors as the case may
be from any further liability on account of any indebtedness
existing prior to the making of such assignment, and
thereafter such assignor shall be freed from any liability on
account of any unsatisfied portion of the indebtedness
existing prior to the making of the assignment. [1895 c 151
§ 1; 1890 p 88 § 15; RRS § 1100.]
7.08.180 Sheriff disqualified from acting. That it
shall be unlawful for the judge of any court of record or the
creditors of an insolvent debtor to appoint the sheriff of the
county receiver or assignee in any case of insolvency or
assignment. [1893 c 137 § 1; RRS § 1101.]
7.08.190 Right of assignor to exemption. That
hereafter any person making a general assignment for the
benefit of creditors, under any statute of this state, shall have
the right to claim, and have set aside to him, as exempt from
the operation of such assignment, all real and personal
property which is, at the time of such assignment, exempt
from levy by execution or attachment, under the laws of this
state. [1897 c 6 § 1; RRS § 1102.]
7.08.200 Exemption, how claimed—Objections.
That such assignor shall, if he desires to claim the benefit of
this section and RCW 7.08.190, state in such assignment, or
in the inventory annexed thereto, what property he claims as
exempt, giving a description thereof sufficient for identification. Any creditor of such assignor who believes any of
the property so claimed as exempt is not so in fact shall
have the right to make objection to such exemption claim at
any time prior to the expiration of the time for presentment
of claims against such assignor to his assignee. Such
objection shall be made by delivering to the assignor and the
assignee, and filing with the clerk of the court having
jurisdiction of the assignment, a notice in writing, clearly
pointing out the part or parts of such exemption claim
objected to, and the ground of such objection. When the
time above provided for the service and filing of objections
has expired, the assignor, upon application to said court,
shall have a right to the summary hearing of the said
objections, and at such hearing the court shall determine and
adjudge to the assignor his lawful exemptions. If any part
of the exemptions claimed by the assignor shall be denied,
the court shall direct the assignee to pay, out of the funds in
his hands, the costs of the hearing, if any, as a part of the
(2002 Ed.)
Assignment for Benefit of Creditors
expenses of the assignment proceedings. The court may, at
its discretion, if it find any claim made for exemption to be
fraudulent and made in bad faith, deny such exemption. If
no objection to the said exemption claim is served and filed
prior to the expiration of the time for presentment of claims
to the assignee, the assignor shall be entitled as of course to
an order setting aside to him the exemptions claimed by him
as aforesaid, and it shall be the duty of the assignee forthwith to deliver the same to him. [1897 c 6 § 2; RRS §
1103.]
Chapter 7.16
CERTIORARI, MANDAMUS, AND PROHIBITION
Sections
7.16.010
7.16.020
Parties, how designated.
Judgment, motion, and order defined.
CERTIORARI
7.16.030
7.16.040
7.16.050
7.16.060
7.16.070
7.16.080
7.16.100
7.16.110
7.16.120
7.16.130
7.16.140
Certiorari defined.
Grounds for granting writ.
Application for writ—Notice.
Writ, to whom directed.
Contents of writ.
Stay of proceedings.
Service of writ.
Defective return—Further return—Hearing—Judgment.
Questions involving merits to be determined.
Copy of judgment to inferior tribunal, board, or officer.
Judgment roll.
7.16.150
7.16.160
7.16.170
7.16.180
7.16.190
7.16.200
7.16.210
7.16.220
7.16.230
7.16.240
7.16.250
7.16.260
7.16.270
7.16.280
Mandamus defined.
Grounds for granting writ.
Absence of remedy at law required—Affidavit.
Alternative or peremptory writs—Form.
Notice of application—No default.
Answer.
Questions of fact, how determined.
Applicant may demur to answer or countervail it by proof.
Motion for new trial, where made.
Certification of verdict—Argument.
Hearing.
Judgment for damages and costs—Peremptory mandate.
Service of writ.
Enforcement of writ—Penalty.
7.16.290
7.16.300
7.16.310
7.16.320
Prohibition defined.
Grounds for granting writ—Affidavit.
Alternative or peremptory writs—Form.
Provisions relating to mandate applicable.
MANDAMUS
PROHIBITION
IN GENERAL
7.16.330
7.16.340
7.16.350
7.16.360
When writs may be made returnable.
Rules of practice.
Appellate review.
Inapplicability to action reviewable under Administrative
Procedure Act or Land Use Petition Act.
7.16.370
Enforcement of term limits for elected officials.
Rules of court: Writ procedure superseded by RAP 2.1; special proceeding
RAP 16.1 through 16.17.
Camping resorts, writ of mandamus authorized: RCW 19.105.470.
7.16.010 Parties, how designated. The party prosecuting a special proceeding may be known as the plaintiff
and the adverse party as the defendant. [1895 c 65 § 1;
RRS § 999.]
(2002 Ed.)
7.08.200
7.16.020 Judgment, motion, and order defined. A
judgment in a special proceeding is the final determination
of the rights of the parties therein. The definitions of a
motion and an order in a civil action are applicable to
similar acts in a special proceeding. [1895 c 65 § 2; RRS §
1000.]
CERTIORARI
7.16.030 Certiorari defined. The writ of certiorari
may be denominated the writ of review. [1895 c 65 § 3;
RRS § 1001.]
7.16.040 Grounds for granting writ. A writ of
review shall be granted by any court, except a municipal or
district court, when an inferior tribunal, board or officer,
exercising judicial functions, has exceeded the jurisdiction of
such tribunal, board or officer, or one acting illegally, or to
correct any erroneous or void proceeding, or a proceeding
not according to the course of the common law, and there is
no appeal, nor in the judgment of the court, any plain,
speedy and adequate remedy at law. [1987 c 202 § 130;
1895 c 65 § 4; RRS § 1002.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.16.050 Application for writ—Notice. The application must be made on affidavit by the party beneficially
interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order
to show cause why it should not be allowed, or may grant
the writ without notice. [1895 c 65 § 5; RRS § 1003.]
7.16.060 Writ, to whom directed. The writ may be
directed to the inferior tribunal, board or officer, or to any
other person having the custody of the record or proceedings
to be certified. When directed to a tribunal the clerk, if
there be one, must return the writ with the transcript required. [1895 c 65 § 6; RRS § 1004.]
7.16.070 Contents of writ. The writ of review must
command the party to whom it is directed to certify fully to
the court issuing the writ, at a specified time and place, a
transcript of the record and proceedings (describing or
referring to them with convenient certainty), that the same
may be reviewed by the court, and requiring the party, in the
meantime, to desist from further proceedings in the matter to
be reviewed. [1895 c 65 § 7; RRS § 1005.]
7.16.080 Stay of proceedings. If a stay of proceedings be not intended, the words requiring the stay must be
omitted from the writ. These words may be inserted or
omitted, in the sound discretion of the court, but if omitted
the power of the inferior court or office is not suspended or
the proceedings stayed. [1895 c 65 § 8; RRS § 1006.]
7.16.100 Service of writ. The writ may be served as
follows, except where different directions respecting the
mode of service thereof are given by the court granting it:
[Title 7 RCW—page 9]
7.16.100
Title 7 RCW: Special Proceedings and Actions
(1) Where it is directed to a person or persons by name
or by his or her official title or titles, or to a municipal
corporation, it must be served upon each officer or other
person to whom it is directed, or upon the corporation, in the
same manner as a summons.
(2) Where it is directed to a court, or to the judges of a
court, having a clerk appointed pursuant to law, service upon
the court or the judges thereof may be made by filing the
writ with the clerk. [1895 c 65 § 10; RRS § 1008.]
7.16.110 Defective return—Further return—
Hearing—Judgment. If the return of the writ be defective,
the court may order a further return to be made. When a
full return has been made, the court must hear the parties, or
such of them as may attend for that purpose, and may
thereupon give judgment, either affirming or annulling or
modifying the proceedings below. [1895 c 65 § 11; RRS §
1009.]
7.16.120 Questions involving merits to be determined. The questions involving the merits to be determined
by the court upon the hearing are:
(1) Whether the body or officer had jurisdiction of the
subject matter of the determination under review.
(2) Whether the authority, conferred upon the body or
officer in relation to that subject matter, has been pursued in
the mode required by law, in order to authorize it or to make
the determination.
(3) Whether, in making the determination, any rule of
law affecting the rights of the parties thereto has been
violated to the prejudice of the relator.
(4) Whether there was any competent proof of all the
facts necessary to be proved, in order to authorize the
making of the determination.
(5) Whether the factual determinations were supported
by substantial evidence. [1989 c 7 § 1; 1957 c 51 § 6; 1895
c 65 § 12; RRS § 1010.]
7.16.130 Copy of judgment to inferior tribunal,
board, or officer. A copy of the judgment signed by the
clerk, must be transmitted to the inferior tribunal, board or
officer having the custody of the record or proceeding
certified up. [1895 c 65 § 13; RRS § 1011.]
7.16.140 Judgment roll. A copy of the judgment
signed by the clerk, entered upon or attached to the writ and
return, constitute the judgment roll. [1895 c 65 § 14; RRS
§ 1012.]
MANDAMUS
7.16.150 Mandamus defined. The writ of mandamus
may be denominated a writ of mandate. [1895 c 65 § 15;
RRS § 1013.]
7.16.160 Grounds for granting writ. It may be
issued by any court, except a district or municipal court, to
any inferior tribunal, corporation, board or person, to compel
the performance of an act which the law especially enjoins
as a duty resulting from an office, trust or station, or to
[Title 7 RCW—page 10]
compel the admission of a party to the use and enjoyment of
a right or office to which the party is entitled, and from
which the party is unlawfully precluded by such inferior
tribunal, corporation, board or person. [1987 c 202 § 131;
1987 c 3 § 3; 1895 c 65 § 16; RRS § 1014.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1987 c 3: See note following RCW 3.46.020.
7.16.170 Absence of remedy at law required—
Affidavit. The writ must be issued in all cases where there
is not a plain, speedy and adequate remedy in the ordinary
course of law. It must be issued upon affidavit on the
application of the party beneficially interested. [1895 c 65
§ 17; RRS § 1015.]
7.16.180 Alternative or peremptory writs—Form.
The writ may be either alternative or peremptory. The
alternative writ must state generally the allegation against the
party to whom it is directed, and command such party,
immediately after the receipt of the writ, or at some other
specified time, to do the act required to be performed, or to
show cause before the court, at a specified time and place,
why he has not done so. The peremptory writ must be in
some similar form, except the words requiring the party to
show cause why he has not done as commanded must be
omitted and a return [day] inserted. [1895 c 65 § 18; RRS
§ 1016.]
7.16.190 Notice of application—No default. When
the application to the court is made without notice to the
party, and the writ be allowed, the alternative must be first
issued; and if the application be upon due notice and the writ
be allowed, the peremptory writ may be issued in the first
instance. The notice of the application, when given, must be
at least ten days. The writ cannot be granted by default.
The case must be heard by the court, whether the adverse
party appear or not. [1895 c 65 § 19; RRS § 1017.]
7.16.200 Answer. On the return of the alternative, or
the day on which the application for the writ is noticed, the
party on whom the writ or notice has been served may show
cause by answer, under oath, made in the same manner as an
answer to a complaint in a civil action. [1895 c 65 § 20;
RRS § 1018.]
7.16.210 Questions of fact, how determined. If an
answer be made which raises a question as to a matter of
fact essential to the determination of the motion, and
affecting the substantial rights of the parties, and upon the
supposed truth of the allegation of which the application for
the writ is based, the court may, in its discretion, order the
question to be tried before a jury, and postpone the argument
until such trial can be had, and the verdict certified to the
court. The question to be tried must be distinctly stated in
the order for trial, and the county must be designated in
which the same shall be had. The order may also direct the
jury to assess any damages which the appellant may have
sustained, in case they find for him. [1895 c 65 § 21; RRS
§ 1019.]
(2002 Ed.)
Certiorari, Mandamus, and Prohibition
7.16.220 Applicant may demur to answer or
countervail it by proof. On the trial the applicant is not
precluded by the answer from any valid objections to its
sufficiency, and may countervail it by proof, either in direct
denial or by way of avoidance. [1895 c 65 § 22; RRS §
1020.]
7.16.230 Motion for new trial, where made. The
motion for new trial must be made in the court in which the
issue of fact is tried. [1895 c 65 § 23; RRS § 1021.]
7.16.240 Certification of verdict—Argument. If no
notice of a motion for a new trial be given, or if given, the
motion be denied, the clerk, within five days after rendition
of the verdict or denial of the motion, must transmit to the
court in which the application for the writ is pending, a
certified copy of the verdict attached to the order of trial,
after which either party may bring on the argument of the
application, upon reasonable notice to the adverse party.
[1895 c 65 § 24; RRS § 1022.]
7.16.250 Hearing. If no answer be made, the case
must be heard on the papers of the applicant. If the answer
raises only questions of law, or puts in issue immaterial
statements not affecting the substantial rights of the party,
the court must proceed to hear or fix a day for hearing the
argument of the case. [1895 c 65 § 25; RRS § 1023.]
7.16.260 Judgment for damages and costs—
Peremptory mandate. If judgment be given for the applicant he may recover the damages which he has sustained, as
found by the jury or as may be determined by the court or
referee, upon a reference to be ordered, together with costs;
and for such damages and costs an execution may issue, and
a peremptory mandate must also be awarded without delay.
[1895 c 65 § 26; RRS § 1024.]
7.16.270 Service of writ. The writ must be served in
the same manner as a summons in a civil action, except
when otherwise expressly directed by order of the court.
Service upon a majority of the members of any board or
body is service upon the board or body, whether at the time
of the service the board or body was in session or not.
[1895 c 65 § 27; RRS § 1025.]
7.16.280 Enforcement of writ—Penalty. When a
temporary mandate has been issued and directed to any
inferior tribunal, corporation, board or person upon whom
the writ has been personally served and such tribunal,
corporation, board, or person has without just excuse,
refused or neglected to obey the same, the court may, upon
motion, impose a fine not exceeding one thousand dollars.
In case of persistence in a refusal or disobedience, the court
may order the party to be imprisoned until the writ is
obeyed, and may make any orders necessary and proper for
the complete enforcement of the writ. [1957 c 51 § 7; 1895
c 65 § 28; RRS § 1026.]
7.16.220
PROHIBITION
7.16.290 Prohibition defined. The writ of prohibition
is the counterpart of the writ of mandate. It arrests the
proceedings of any tribunal, corporation, board or person,
when such proceedings are without or in excess of the
jurisdiction of such tribunal, corporation, board or person.
[1895 c 65 § 29; RRS § 1027.]
7.16.300 Grounds for granting writ—Affidavit. It
may be issued by any court, except district or municipal
courts, to an inferior tribunal, or to a corporation, board or
person, in all cases where there is not a plain, speedy and
adequate remedy in the ordinary course of law. It is issued
upon affidavit, on the application of the person beneficially
interested. [1987 c 202 § 132; 1895 c 65 § 30; RRS §
1028.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.16.310 Alternative or peremptory writs—Form.
The writ must be either alternative or peremptory. The
alternative writ must state generally the allegations against
the party to whom it is directed, and command such party to
desist or refrain from further proceedings in the action or
matter specified therein until the further order of the court
from which it is issued, and to show cause before such court,
at a specified time and place, why such party should not be
absolutely restrained from any further proceedings in such
action or matter. The peremptory writ must be in a similar
form, except that the words requiring the party to show
cause why he should not be absolutely restrained, etc., must
be omitted and a return day inserted. [1895 c 65 § 31; RRS
§ 1029.]
7.16.320 Provisions relating to mandate applicable.
The provisions of this chapter relating to writ of mandate,
apply to this proceeding. [1895 c 65 § 32; RRS § 1030.]
IN GENERAL
7.16.330 When writs may be made returnable.
Writs of review, mandate, and prohibition issued by the
supreme court, the court of appeals, or by a superior court,
may, in the discretion of the court issuing the writ, be made
returnable, and a hearing thereon be had at any time. [1971
c 81 § 29; 1895 c 65 § 33; RRS § 1031.]
7.16.340 Rules of practice. Except as otherwise
provided in this chapter, the provisions of the code of
procedure concerning civil actions are applicable to and constitute the rules of practice in the proceedings in this chapter.
[1895 c 65 § 34; RRS § 1032.]
7.16.350 Appellate review. From a final judgment in
the superior court, in any such proceeding, appellate review
by the supreme court or the court of appeals may be sought
as in other actions. [1988 c 202 § 4; 1971 c 81 § 30; 1895
c 65 § 35; RRS § 1033.]
Severability—1988 c 202: See note following RCW 2.24.050.
(2002 Ed.)
[Title 7 RCW—page 11]
7.16.360
Title 7 RCW: Special Proceedings and Actions
7.16.360 Inapplicability to action reviewable under
Administrative Procedure Act or Land Use Petition Act.
This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of
local jurisdictions reviewable under chapter 36.70C RCW.
[1995 c 347 § 716; 1989 c 175 § 38.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
7.16.370 Enforcement of term limits for elected
officials. Any resident of this state may bring suit to
enforce RCW 43.01.015, 44.04.015, 29.68.015, 29.68.016,
29.51.173, and 29.15.240 and section 8, chapter 1, Laws of
1993. If the person prevails, the court shall award the
person reasonable attorney’s fees and costs of suit. [1993 c
1 § 9 (Initiative Measure No. 573, approved November 3,
1992).]
Preamble—Severability—1993 c 1 (Initiative Measure No. 573):
See notes following RCW 43.01.015.
Chapter 7.21
CONTEMPT OF COURT
Sections
7.21.010
7.21.020
7.21.030
7.21.040
7.21.050
7.21.060
7.21.070
7.21.900
Definitions.
Sanctions—Who may impose.
Remedial sanctions—Payment for losses.
Punitive sanctions—Fines.
Sanctions—Summary imposition—Procedure.
Administrative actions or proceedings—Petition to court for
imposition of sanctions.
Appellate review.
Severability—1989 c 373.
7.21.010 Definitions. The definitions in this section
apply throughout this chapter:
(1) "Contempt of court" means intentional:
(a) Disorderly, contemptuous, or insolent behavior
toward the judge while holding the court, tending to impair
its authority, or to interrupt the due course of a trial or other
judicial proceedings;
(b) Disobedience of any lawful judgment, decree, order,
or process of the court;
(c) Refusal as a witness to appear, be sworn, or, without
lawful authority, to answer a question; or
(d) Refusal, without lawful authority, to produce a
record, document, or other object.
(2) "Punitive sanction" means a sanction imposed to
punish a past contempt of court for the purpose of upholding
the authority of the court.
(3) "Remedial sanction" means a sanction imposed for
the purpose of coercing performance when the contempt
consists of the omission or refusal to perform an act that is
yet in the person’s power to perform. [1989 c 373 § 1.]
7.21.020 Sanctions—Who may impose. A judge or
commissioner of the supreme court, the court of appeals, or
the superior court, a judge of a court of limited jurisdiction,
and a commissioner of a court of limited jurisdiction may
impose a sanction for contempt of court under this chapter.
[1998 c 3 § 1; 1989 c 373 § 2.]
[Title 7 RCW—page 12]
7.21.030 Remedial sanctions—Payment for losses.
(1) The court may initiate a proceeding to impose a remedial
sanction on its own motion or on the motion of a person
aggrieved by a contempt of court in the proceeding to which
the contempt is related. Except as provided in RCW
7.21.050, the court, after notice and hearing, may impose a
remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or
refused to perform an act that is yet within the person’s
power to perform, the court may find the person in contempt
of court and impose one or more of the following remedial
sanctions:
(a) Imprisonment if the contempt of court is of a type
defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for
each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior
order of the court.
(d) Any other remedial sanction other than the sanctions
specified in (a) through (c) of this subsection if the court
expressly finds that those sanctions would be ineffectual to
terminate a continuing contempt of court.
(e) In cases under chapters 13.32A, 13.34, and 28A.225
RCW, commitment to juvenile detention for a period of time
not to exceed seven days. This sanction may be imposed in
addition to, or as an alternative to, any other remedial
sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.
(3) The court may, in addition to the remedial sanctions
set forth in subsection (2) of this section, order a person
found in contempt of court to pay a party for any losses
suffered by the party as a result of the contempt and any
costs incurred in connection with the contempt proceeding,
including reasonable attorney’s fees.
(4) If the court finds that a person under the age of
eighteen years has willfully disobeyed the terms of an order
issued under chapter 10.14 RCW, the court may find the
person in contempt of court and may, as a sole sanction for
such contempt, commit the person to juvenile detention for
a period of time not to exceed seven days. [2001 c 260 § 6;
1998 c 296 § 36; 1989 c 373 § 3.]
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
Findings—Intent—1998 c 296 §§ 36-39: "The legislature finds that
an essential component of the children in need of services, dependency, and
truancy laws is the use of juvenile detention. As chapter 7.21 RCW is
currently written, courts may not order detention time without a criminal
charge being filed. It is the intent of the legislature to avoid the bringing
of criminal charges against youth who need the guidance of the court rather
than its punishment. The legislature further finds that ordering a child
placed in detention is a remedial action, not a punitive one. Since the
legislature finds that the state is required to provide instruction to children
in detention, use of the courts’ contempt powers is an effective means for
furthering the education and protection of these children. Thus, it is the
intent of the legislature to authorize a limited sanction of time in juvenile
detention independent of chapter 7.21 RCW for failure to comply with court
orders in truancy, child in need of services, at-risk youth, and dependency
cases for the sole purpose of providing the courts with the tools necessary
to enforce orders in these limited types of cases because other statutory
contempt remedies are inadequate." [1998 c 296 § 35.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
(2002 Ed.)
Contempt of Court
7.21.040 Punitive sanctions—Fines. (1) Except as
otherwise provided in RCW 7.21.050, a punitive sanction for
contempt of court may be imposed only pursuant to this
section.
(2)(a) An action to impose a punitive sanction for
contempt of court shall be commenced by a complaint or
information filed by the prosecuting attorney or city attorney
charging a person with contempt of court and reciting the
punitive sanction sought to be imposed.
(b) If there is probable cause to believe that a contempt
has been committed, the prosecuting attorney or city attorney
may file the information or complaint on his or her own
initiative or at the request of a person aggrieved by the
contempt.
(c) A request that the prosecuting attorney or the city
attorney commence an action under this section may be
made by a judge presiding in an action or proceeding to
which a contempt relates. If required for the administration
of justice, the judge making the request may appoint a
special counsel to prosecute an action to impose a punitive
sanction for contempt of court.
A judge making a request pursuant to this subsection
shall be disqualified from presiding at the trial.
(d) If the alleged contempt involves disrespect to or
criticism of a judge, that judge is disqualified from presiding
at the trial of the contempt unless the person charged
consents to the judge presiding at the trial.
(3) The court may hold a hearing on a motion for a
remedial sanction jointly with a trial on an information or
complaint seeking a punitive sanction.
(4) A punitive sanction may be imposed for past
conduct that was a contempt of court even though similar
present conduct is a continuing contempt of court.
(5) If the defendant is found guilty of contempt of court
under this section, the court may impose for each separate
contempt of court a fine of not more than five thousand
dollars or imprisonment in the county jail for not more than
one year, or both. [1989 c 373 § 4.]
7.21.050 Sanctions—Summary imposition—
Procedure. (1) The judge presiding in an action or proceeding may summarily impose either a remedial or punitive
sanction authorized by this chapter upon a person who
commits a contempt of court within the courtroom if the
judge certifies that he or she saw or heard the contempt.
The judge shall impose the sanctions immediately after the
contempt of court or at the end of the proceeding and only
for the purpose of preserving order in the court and protecting the authority and dignity of the court. The person committing the contempt of court shall be given an opportunity
to speak in mitigation of the contempt unless compelling
circumstances demand otherwise. The order of contempt
shall recite the facts, state the sanctions imposed, and be
signed by the judge and entered on the record.
(2) A court, after a finding of contempt of court in a
proceeding under subsection (1) of this section may impose
for each separate contempt of court a punitive sanction of a
fine of not more than five hundred dollars or imprisonment
in the county jail for not more than thirty days, or both, or
a remedial sanction set forth in RCW 7.21.030(2). A
forfeiture imposed as a remedial sanction under this subsec(2002 Ed.)
7.21.040
tion may not exceed more than five hundred dollars for each
day the contempt continues. [1989 c 373 § 5.]
7.21.060 Administrative actions or proceedings—
Petition to court for imposition of sanctions. A state
administrative agency conducting an action or proceeding or
a party to the action or proceeding may petition the superior
court in the county in which the action or proceeding is
being conducted for a remedial sanction specified in RCW
7.21.030 for conduct specified in RCW 7.21.010 in the
action or proceeding. [1989 c 373 § 6.]
7.21.070 Appellate review. A party in a proceeding
or action under this chapter may seek appellate review under
applicable court rules. Appellate review does not stay the
proceedings in any other action, suit, or proceeding, or any
judgment, decree, or order in the action, suit, or proceeding
to which the contempt relates. [1989 c 373 § 7.]
7.21.900 Severability—1989 c 373. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 373 § 30.]
Chapter 7.24
UNIFORM DECLARATORY JUDGMENTS ACT
Sections
7.24.010
7.24.020
7.24.030
7.24.050
7.24.060
7.24.070
7.24.080
7.24.090
7.24.100
7.24.110
7.24.120
7.24.130
7.24.135
7.24.140
7.24.144
7.24.146
7.24.190
Rules of
Authority of courts to render.
Rights and status under written instruments, statutes, ordinances.
Construction of contracts.
General powers not restricted by express enumeration.
Refusal of declaration where judgment would not terminate
controversy.
Review.
Further relief.
Determination of issues of fact.
Costs.
Parties—City as party—Attorney general to be served,
when.
Construction of chapter.
"Person" defined.
Severability—1935 c 113.
General purpose stated.
Short title.
Application of chapter—Validation of proceedings.
Court may stay proceedings and restrain parties.
court: Cf. CR 57.
7.24.010 Authority of courts to render. Courts of
record within their respective jurisdictions shall have power
to declare rights, status and other legal relations whether or
not further relief is or could be claimed. An action or
proceeding shall not be open to objection on the ground that
a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect;
and such declarations shall have the force and effect of a
final judgment or decree. [1937 c 14 § 1; 1935 c 113 § 1;
RRS § 784-1.]
[Title 7 RCW—page 13]
7.24.020
Title 7 RCW: Special Proceedings and Actions
7.24.020 Rights and status under written instruments, statutes, ordinances. A person interested under a
deed, will, written contract or other writings constituting a
contract, or whose rights, status or other legal relations are
affected by a statute, municipal ordinance, contract or
franchise, may have determined any question of construction
or validity arising under the instrument, statute, ordinance,
contract or franchise and obtain a declaration of rights, status
or other legal relations thereunder. [1935 c 113 § 2; RRS §
784-2.]
7.24.030 Construction of contracts. A contract may
be construed either before or after there has been a breach
thereof. [1935 c 113 § 3; RRS § 784-3.]
7.24.050 General powers not restricted by express
enumeration. The enumeration in RCW 7.24.020 and
7.24.030 does not limit or restrict the exercise of the general
powers conferred in RCW 7.24.010, in any proceeding
where declaratory relief is sought, in which a judgment or
decree will terminate the controversy or remove an uncertainty. [1985 c 9 § 2. Prior: 1984 c 149 § 3; 1935 c 113
§ 5; RRS § 784-5.]
Purpose—Reenactment—1985 c 9: "The purpose of this act is to
make technical corrections to chapter 149, Laws of 1984, and to ensure that
the changes made in that chapter meet the constitutional requirements of
Article II, section 19 of the state Constitution." [1985 c 9 § 1.]
Severability—1985 c 9: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1985 c 9 § 4.]
Reviser’s note: 1985 c 9 reenacted RCW 7.24.050 without amendment.
Short title—Application—1984 c 30: See RCW 11.02.900 and
11.02.901.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
7.24.060 Refusal of declaration where judgment
would not terminate controversy. The court may refuse to
render or enter a declaratory judgment or decree where such
judgment or decree, if rendered or entered, would not
terminate the uncertainty or controversy giving rise to the
proceeding. [1935 c 113 § 6; RRS § 784-6.]
7.24.070 Review. All orders, judgments and decrees
under this chapter may be reviewed as other orders, judgments and decrees. [1935 c 113 § 7; RRS § 784-7.]
7.24.080 Further relief. Further relief based on a
declaratory judgment or decree may be granted whenever
necessary or proper. The application therefor shall be by
petition to a court having jurisdiction to grant the relief.
When the application is deemed sufficient, the court shall, on
reasonable notice, require any adverse party whose rights
have been adjudicated by the declaratory judgment or decree,
to show cause why further relief should not be granted
forthwith. [1935 c 113 § 8; RRS § 784-8.]
7.24.090 Determination of issues of fact. When a
proceeding under this chapter involves the determination of
an issue of fact, such issue may be tried and determined in
[Title 7 RCW—page 14]
the same manner as issues of fact are tried and determined
in other civil actions, in the court in which the proceeding is
pending. [1935 c 113 § 9; RRS § 784-9.]
7.24.100 Costs. In any proceeding under this chapter,
the court may make such award of costs as may seem
equitable and just. [1935 c 113 § 10; RRS § 784-10.]
7.24.110 Parties—City as party—Attorney general
to be served, when. When declaratory relief is sought, all
persons shall be made parties who have or claim any interest
which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to
the proceeding. In any proceeding which involves the
validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be
heard, and if the statute, ordinance or franchise is alleged to
be unconstitutional, the attorney general shall also be served
with a copy of the proceeding and be entitled to be heard.
[1935 c 113 § 11; RRS § 784-11.]
7.24.120 Construction of chapter. This chapter is
declared to be remedial; its purpose is to settle and to afford
relief from uncertainty and insecurity with respect to rights,
status and other legal relations; and is to be liberally construed and administered. [1935 c 113 § 12; RRS § 784-12.]
7.24.130 "Person" defined. The word "person"
wherever used in this chapter, shall be construed to mean
any person, partnership, joint stock company, unincorporated
association or society, or municipal or other corporation of
any character whatsoever. [1935 c 113 § 13; RRS § 78413.]
7.24.135 Severability—1935 c 113. The several
sections and provisions of this chapter, except RCW
7.24.010 and 7.24.020, are hereby declared independent and
severable, and the invalidity, if any, of any part or feature
thereof shall not affect or render the remainder of the chapter
invalid or inoperative. [1935 c 113 § 14; RRS § 784-14.]
7.24.140 General purpose stated. This chapter shall
be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states which enact
it, and to harmonize, as far as possible, with federal laws
and regulations on the subject of declaratory judgments and
decrees. [1935 c 113 § 15; RRS § 784-15.]
7.24.144 Short title. This chapter may be cited as the
Uniform Declaratory Judgments Act. [1935 c 113 § 16;
RRS § 784-16.]
7.24.146 Application of chapter—Validation of
proceedings. This chapter shall apply to all actions and
proceedings now pending in the courts of record of the state
of Washington seeking relief under the terms of the uniform
declaratory judgments act [this chapter]; and all judgments
heretofore rendered; and all such actions and proceedings
heretofore instituted and now pending in said courts of
record of the state of Washington, seeking such relief, are
(2002 Ed.)
Uniform Declaratory Judgments Act
hereby validated, and the respective courts of record in said
actions shall have jurisdiction and power to proceed in said
actions and to declare the rights, status and other legal
relations sought to have been declared in said pending
actions and proceedings in accordance with the provisions of
said chapter. This chapter does not apply to state agency
action reviewable under chapter 34.05 RCW. [1989 c 175
§ 39; 1937 c 14 § 2; RRS § 784-17.]
Effective date—1989 c 175: See note following RCW 34.05.010.
7.24.190 Court may stay proceedings and restrain
parties. The court, in its discretion and upon such conditions and with or without such bond or other security as it
deems necessary and proper, may stay any ruling, order, or
any court proceedings prior to final judgment or decree and
may restrain all parties involved in order to secure the
benefits and preserve and protect the rights of all parties to
the court proceedings. [1965 c 131 § 1.]
Rules of court: CR 57.
Chapter 7.25
DECLARATORY JUDGMENTS OF LOCAL
BOND ISSUES
Sections
7.25.005
7.25.010
7.25.020
Definitions.
Validity of bond issues may be tested.
Complaint—Defendants—Service—Intervention—Attorney’s
fee—Notice of action.
7.25.030
Judgment as to validity of all or part of bond issue—Effect.
7.25.040
Other declaratory judgment provisions applicable.
Local bond issues generally: Title 39 RCW.
7.25.005 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise:
(1) "Government entity" means the state of Washington,
the state finance committee, any county, city, school district,
other municipal corporation, taxing district, or any agency,
instrumentality, or public corporation thereof.
(2) "Bonds" means one or more bonds, notes, or other
evidences of indebtedness.
(3) "Interested parties" means all taxpayers, ratepayers,
or any other persons who have any obligations, rights, or
other interests in the bonds or issuance thereof, or the project
or purpose for which the bonds were issued or are to be
issued. [1999 c 284 § 2.]
7.25.010 Validity of bond issues may be tested.
Whenever the legislative or governing body of the state or
any county, city, school district, other municipal corporation,
taxing district, or any agency, instrumentality, or public
corporation thereof shall desire to issue bonds of any kind
and shall have passed an ordinance or resolution authorizing
the same, the validity of such proposed bond issue may be
tested and determined in the manner provided in this chapter.
[1999 c 284 § 1; 1983 c 263 § 1; 1939 c 153 § 1; RRS §
5616-11. Formerly RCW 7.24.150.]
7.24.146
complaint shall be prepared and filed in the superior court by
such government entity setting forth such ordinance or
resolution and that it is the purpose of the plaintiff to issue
and sell bonds as stated therein and that it is desired that the
right of the plaintiff to so issue such bonds and sell the same
shall be tested and determined in said action. In said action
all interested parties shall be deemed to be defendants. The
title of the action shall be "In re (name of bond issue)."
Upon the filing of the complaint the court shall, upon the
application of the plaintiff, enter an order naming one or
more interested parties upon whom service in said action
shall be made as the representative of all interested parties,
except such as may intervene as herein provided, and in such
case the court shall fix and allow a reasonable attorney’s fee
in said action to the attorney who shall represent the representative interested parties as aforesaid, and such fee and all
taxable costs incurred by such representative interested
parties shall be taxed as costs against the plaintiff: PROVIDED, That if the interested parties appointed by the court
shall default, the court shall appoint an attorney who shall
defend said action on behalf of all interested parties, and
such attorney shall be allowed a reasonable fee and taxable
costs to be taxed against the plaintiff: PROVIDED FURTHER, That after filing the complaint, the plaintiff shall
twice place a notice in a newspaper of general circulation
within the boundaries of the government entity, stating the
title of the action, informing the interested parties that the
action has been commenced testing the validity of the bonds,
and stating that any interested parties, as that term is defined
herein, may intervene in such action and be represented
therein by his own attorney. Thereupon, any interested
parties who desire to intervene must apply to the court to
intervene within ten days after the second publication of the
notice. [1999 c 284 § 3; 1983 c 263 § 2; 1939 c 153 § 2;
RRS § 5616-12. Formerly RCW 7.24.160.]
7.25.030 Judgment as to validity of all or part of
bond issue—Effect. The court in such action shall enter its
judgment determining whether or not the bonds as proposed
will be valid, and if the court finds that a portion, but not all,
of the said bond issue is authorized by law, the court shall
so declare, and find by its judgment what portion of such
bond issue will be valid, and the judgment in said action
shall be conclusive and binding upon all interested parties
and upon all other persons. [1999 c 284 § 4; 1939 c 153 §
3; RRS § 5616-13. Formerly RCW 7.24.170.]
7.25.040 Other declaratory judgment provisions
applicable. Except as otherwise herein provided, all the
provisions of the laws of Washington relating to declaratory
judgments shall apply to the action herein provided for. The
remedy and procedure herein provided shall be in addition
to other remedies and procedures now provided by law.
[1999 c 284 § 5; 1939 c 153 § 4; RRS § 5616-14. Formerly
RCW 7.24.180.]
Uniform Declaratory Judgments Act: Chapter 7.24 RCW.
7.25.020 Complaint—Defendants—Service—
Intervention—Attorney’s fee—Notice of action. A
(2002 Ed.)
[Title 7 RCW—page 15]
Chapter 7.28
Title 7 RCW: Special Proceedings and Actions
Chapter 7.28
EJECTMENT, QUIETING TITLE
Sections
7.28.010
Who may maintain actions—Service on nonresident defendant.
7.28.050
Limitation of actions for recovery of real property—Adverse
possession under title deducible of record.
7.28.060
Rights inhere to heirs, devisees and assigns.
7.28.070
Adverse possession under claim and color of title—Payment
of taxes.
7.28.080
Color of title to vacant and unoccupied land.
7.28.085
Adverse possession—Forest land—Additional requirements—Exceptions.
7.28.090
Adverse possession—Public lands—Adverse title in infants,
etc.
7.28.100
Construction.
7.28.110
Substitution of landlord in action against tenant.
7.28.120
Pleadings—Superior title prevails.
7.28.130
Defendant must plead nature of his estate or right to possession.
7.28.140
Verdict of jury.
7.28.150
Damages—Limitation—Permanent improvements.
7.28.160
Defendant’s counterclaim for permanent improvements and
taxes paid.
7.28.170
Defendant’s counterclaim for permanent improvements and
taxes paid—Pleadings, issues and trial on counterclaim.
7.28.180
Defendant’s counterclaim for permanent improvements and
taxes paid—Judgment on counterclaim—Payment.
7.28.190
Verdict where plaintiff’s right to possession expires before
trial.
7.28.200
Order for survey of property.
7.28.210
Order for survey of property—Contents of order—Service.
7.28.220
Alienation by defendant, effect of.
7.28.230
Mortgagee cannot maintain action for possession—
Possession to collect mortgaged, pledged, or assigned
rents and profits—Perfection of security interest.
7.28.240
Action between cotenants.
7.28.250
Action against tenant on failure to pay rent.
7.28.260
Effect of judgment—Lis pendens—Vacation.
7.28.270
Effect of vacation of judgment.
7.28.280
Conflicting claims, donation law, generally—Joinder of
parties.
7.28.300
Quieting title against outlawed mortgage or deed of trust.
7.28.310
Quieting title to personal property.
7.28.320
Possession no defense.
Forcible and unlawful entry, detainer: Chapters 59.12, 59.16 RCW.
Liens: Title 60 RCW.
Real property: Title 64 RCW.
Rent default, less than forty dollars: Chapter 59.08 RCW.
Tenancies: Chapter 59.04 RCW.
7.28.010 Who may maintain actions—Service on
nonresident defendant. Any person having a valid subsisting interest in real property, and a right to the possession
thereof, may recover the same by action in the superior court
of the proper county, to be brought against the tenant in possession; if there is no such tenant, then against the person
claiming the title or some interest therein, and may have
judgment in such action quieting or removing a cloud from
plaintiff’s title; an action to quiet title may be brought by the
known heirs of any deceased person, or of any person
presumed in law to be deceased, or by the successors in
interest of such known heirs against the unknown heirs of
such deceased person or against such person presumed to be
deceased and his unknown heirs, and if it shall be made to
appear in such action that the plaintiffs are heirs of the
deceased person, or the person presumed in law to be
deceased, or the successors in interest of such heirs, and
[Title 7 RCW—page 16]
have been in possession of the real property involved in such
action for ten years preceding the time of the commencement
of such action, and that during said time no person other
than the plaintiff in the action or his grantors has claimed or
asserted any right or title or interest in said property, the
court may adjudge and decree the plaintiff or plaintiffs in
such action to be the owners of such real property, free from
all claims of any unknown heirs of such deceased person, or
person presumed in law to be deceased; and an action to
quiet title may be maintained by any person in the actual
possession of real property against the unknown heirs of a
person known to be dead, or against any person where it is
not known whether such person is dead or not, and against
the unknown heirs of such person, and if it shall thereafter
transpire that such person was at the time of commencing
such action dead the judgment or decree in such action shall
be as binding and conclusive on the heirs of such person as
though they had been known and named; and in all actions,
under this section, to quiet or remove a cloud from the title
to real property, if the defendant be absent or a nonresident
of this state, or cannot, after due diligence, be found within
the state, or conceals himself to avoid the service of summons, service may be made upon such defendant by publication of summons as provided by law; and the court may
appoint a trustee for such absent or nonresident defendant,
to make or cancel any deed or conveyance of whatsoever
nature, or do any other act to carry into effect the judgment
or the decree of the court. [1911 c 83 § 1; 1890 c 72 § 1;
Code 1881 § 536; 1879 p 134 § 1; 1877 p 112 § 540; 1869
p 128 § 488; 1854 p 205 § 398; RRS § 785. Formerly
RCW 7.28.010, 7.28.020, 7.28.030, and 7.28.040.]
Process, publication, etc.: Chapter 4.28 RCW.
Publication of legal notices: Chapter 65.16 RCW.
7.28.050 Limitation of actions for recovery of real
property—Adverse possession under title deducible of
record. That all actions brought for the recovery of any
lands, tenements or hereditaments of which any person may
be possessed by actual, open and notorious possession for
seven successive years, having a connected title in law or
equity deducible of record from this state or the United
States, or from any public officer, or other person authorized
by the laws of this state to sell such land for the nonpayment
of taxes, or from any sheriff, marshal or other person
authorized to sell such land on execution or under any order,
judgment or decree of any court of record, shall be brought
within seven years next after possession being taken as
aforesaid, but when the possessor shall acquire title after
taking such possession, the limitation shall begin to run from
the time of acquiring title. [1893 c 11 § 1; RRS § 786.]
7.28.060 Rights inhere to heirs, devisees and
assigns. The heirs, devisees and assigns of the person
having such title and possession shall have the same benefit
of RCW 7.28.050 as the person from whom the possession
is derived. [1893 c 11 § 2; RRS § 787.]
7.28.070 Adverse possession under claim and color
of title—Payment of taxes. Every person in actual, open
and notorious possession of lands or tenements under claim
and color of title, made in good faith, and who shall for
(2002 Ed.)
Ejectment, Quieting Title
seven successive years continue in possession, and shall also
during said time pay all taxes legally assessed on such lands
or tenements, shall be held and adjudged to be the legal
owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons
holding under such possession, by purchase, devise or
descent, before said seven years shall have expired, and who
shall continue such possession and continue to pay the taxes
as aforesaid, so as to complete the possession and payment
of taxes for the term aforesaid, shall be entitled to the
benefit of this section. [1893 c 11 § 3; RRS § 788.]
7.28.080 Color of title to vacant and unoccupied
land. Every person having color of title made in good faith
to vacant and unoccupied land, who shall pay all taxes
legally assessed thereon for seven successive years, he or she
shall be deemed and adjudged to be the legal owner of said
vacant and unoccupied land to the extent and according to
the purport of his or her paper title. All persons holding
under such taxpayer, by purchase, devise or descent, before
said seven years shall have expired, and who shall continue
to pay the taxes as aforesaid, so as to complete the payment
of said taxes for the term aforesaid, shall be entitled to the
benefit of this section: PROVIDED, HOWEVER, If any
person having a better paper title to said vacant and unoccupied land shall, during the said term of seven years, pay the
taxes as assessed on said land for any one or more years of
said term of seven years, then and in that case such taxpayer,
his heirs or assigns, shall not be entitled to the benefit of this
section. [1893 c 11 § 4; RRS § 789.]
7.28.085 Adverse possession—Forest land—
Additional requirements—Exceptions. (1) In any action
seeking to establish an adverse claimant as the legal owner
of a fee or other interest in forest land based on a claim of
adverse possession, and in any defense to an action brought
by the holder of record title for recovery of title to or
possession of a fee or other interest in forest land where
such defense is based on a claim of adverse possession, the
adverse claimant shall not be deemed to have established
open and notorious possession of the forest lands at issue
unless, as a minimum requirement, the adverse claimant
establishes by clear and convincing evidence that the adverse
claimant has made or erected substantial improvements,
which improvements have remained entirely or partially on
such lands for at least ten years. If the interests of justice so
require, the making, erecting, and continuous presence of
substantial improvements on the lands at issue, in the
absence of additional acts by the adverse claimant, may be
found insufficient to establish open and notorious possession.
(2) This section shall not apply to any adverse claimant
who establishes by clear and convincing evidence that the
adverse claimant occupied the lands at issue and made
continuous use thereof for at least ten years in good faith
reliance on location stakes or other boundary markers set by
a registered land surveyor purporting to establish the
boundaries of property to which the adverse claimant has
record title.
(3) For purposes of this section:
(a) "Adverse claimant" means any person, other than the
holder of record title, occupying the lands at issue together
(2002 Ed.)
7.28.070
with any prior occupants of the land in privity with such
person by purchase, devise, or decent [descent];
(b) "Claim of adverse possession" does not include a
claim asserted under RCW 7.28.050, 7.28.070, or 7.28.080;
(c) "Forest land" has the meaning given in *RCW
84.33.100; and
(d) "Substantial improvement" means a permanent or
semipermanent structure or enclosure for which the costs of
construction exceeded fifty thousand dollars.
(4) This section shall not apply to any adverse claimant
who, before June 11, 1998, acquired title to the lands in
question by adverse possession under the law then in effect.
(5) This section shall not apply to any adverse claimant
who seeks to assert a claim or defense of adverse possession
in an action against any person who, at the time such action
is commenced, owns less than twenty acres of forest land in
the state of Washington. [1998 c 57 § 1.]
*Reviser’s note: RCW 84.33.100 was repealed by 2001 c 249 § 16.
7.28.090 Adverse possession—Public lands—
Adverse title in infants, etc. RCW 7.28.070 and 7.28.080
shall not extend to lands or tenements owned by the United
States or this state, nor to school lands, nor to lands held for
any public purpose. Nor shall they extend to lands or
tenements when there shall be an adverse title to such lands
or tenements, and the holder of such adverse title is a person
under eighteen years of age, or incompetent within the
meaning of RCW 11.88.010: PROVIDED, Such persons as
aforesaid shall commence an action to recover such lands or
tenements so possessed as aforesaid, within three years after
the several disabilities herein enumerated shall cease to exist,
and shall prosecute such action to judgment, or in case of
vacant and unoccupied land shall, within the time last
aforesaid, pay to the person or persons who have paid the
same for his or her betterments, and the taxes, with interest
on said taxes at the legal rate per annum that have been paid
on said vacant and unimproved land. [1977 ex.s. c 80 § 7;
1971 ex.s. c 292 § 7; 1893 c 11 § 5; RRS § 790.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
7.28.100 Construction. That the provisions of RCW
7.28.050 through 7.28.100 shall be liberally construed for the
purposes set forth in those sections. [1893 c 11 § 6; RRS §
791.]
7.28.110 Substitution of landlord in action against
tenant. A defendant who is in actual possession may, for
answer, plead that he is in possession only as a tenant of
another, naming him and his place of residence, and thereupon the landlord, if he applies therefor, shall be made defendant in place of the tenant, and the action shall proceed in all
respects as if originally commenced against him. If the
landlord does not apply to be made defendant within the
time the tenant is allowed to answer, thereafter he shall not
be allowed to, but he shall be made defendant if the plaintiff
require it. If the landlord be made defendant on motion of
the plaintiff he shall be required to appear and answer within
ten days from notice of the pendency of the action and the
order making him defendant, or such further notice as the
[Title 7 RCW—page 17]
7.28.110
Title 7 RCW: Special Proceedings and Actions
court or judge thereof may prescribe. [Code 1881 § 537;
1877 p 112 § 541; 1869 p 128 § 489; RRS § 792.]
Reviser’s note: Compare the last sentence of this section with RCW
7.28.160 through 7.28.180.
7.28.120 Pleadings—Superior title prevails. The
plaintiff in such action shall set forth in his complaint the
nature of his estate, claim or title to the property, and the
defendant may set up a legal or equitable defense to
plaintiff’s claims; and the superior title, whether legal or
equitable, shall prevail. The property shall be described with
such certainty as to enable the possession thereof to be
delivered if a recovery be had. [Code 1881 § 538; 1879 p
134 § 2; 1877 p 113 § 542; 1869 p 128 § 490; RRS § 793.]
7.28.160 Defendant’s counterclaim for permanent
improvements and taxes paid. In an action for the
recovery of real property upon which permanent improvements have been made or general or special taxes or local
assessments have been paid by a defendant, or those under
whom he claims, holding in good faith under color or claim
of title adversely to the claim of plaintiff, the value of such
improvements and the amount of such taxes or assessments
with interest thereon from date of payment must be allowed
as a counterclaim to the defendant. [1903 c 137 § 1; RRS
§ 797.]
7.28.130 Defendant must plead nature of his estate
or right to possession. The defendant shall not be allowed
to give in evidence any estate in himself or another in the
property, or any license or right to the possession thereof
unless the same be pleaded in his answer. If so pleaded, the
nature and duration of such estate, or license or right to the
possession, shall be set forth with the certainty and particularity required in a complaint. If the defendant does not
defend for the whole of the property, he shall specify for
what particular part he does defend. In an action against a
tenant, the judgment shall be conclusive against a landlord
who has been made defendant in place of the tenant, to the
same extent as if the action had been originally commenced
against him. [Code 1881 § 539; 1877 p 113 § 543; 1869 p
129 § 491; RRS § 794.]
7.28.140 Verdict of jury. The jury by their verdict
shall find as follows:
(1) If the verdict be for the plaintiff, that he is entitled
to the possession of the property described in the complaint,
or some part thereof, or some undivided share or interest in
either, and the nature and duration of his estate in such
property, part thereof, or undivided share or interest, in
either, as the case may be.
(2) If the verdict be for the defendant, that the plaintiff
is not entitled to the possession of the property described in
the complaint, or to such part thereof as the defendant
defends for, and the estate in such property or part thereof,
or license, or right to the possession of either established on
the trial by the defendant, if any, in effect as the same is
required to be pleaded. [Code 1881 § 540; 1877 p 113 §
544; 1869 p 129 § 492; RRS § 795.]
Rules of court: CR 49.
General, special verdicts: RCW 4.44.410 through 4.44.440.
7.28.150 Damages—Limitation—Permanent improvements. The plaintiff shall only be entitled to recover
damages for withholding the property for the term of six
years next preceding the commencement of the action, and
for any period that may elapse from such commencement, to
the time of giving a verdict therein, exclusive of the use of
permanent improvements made by the defendant. When
permanent improvements have been made upon the property
by the defendant, or those under whom he claims holding
under color of title adversely to the claim of the plaintiff, in
good faith, the value thereof at the time of trial shall be
allowed as a setoff against such damages. [Code 1881 §
541; 1877 p 113 § 545; 1869 p 129 § 493; RRS § 796.]
[Title 7 RCW—page 18]
7.28.170 Defendant’s counterclaim for permanent
improvements and taxes paid—Pleadings, issues and trial
on counterclaim. The counterclaim shall set forth the value
of the land apart from the improvements, and the nature and
value of the improvements apart from the land and the
amount of said taxes and assessments so paid, and the date
of payment. Issues shall be joined and tried as in other
actions, and the value of the land and the amount of said
taxes and assessments apart from the improvements, and the
value of the improvements apart from the land must be
specifically found by the verdict of the jury, report of the
referee, or findings of the court as the case may be. [1903
c 137 § 2; RRS § 798.]
7.28.180 Defendant’s counterclaim for permanent
improvements and taxes paid—Judgment on counterclaim—Payment. If the judgment be in favor of the
plaintiff for the recovery of the realty, and of the defendant
upon the counterclaim, the plaintiff shall be entitled to
recover such damages as he may be found to have suffered
through the withholding of the premises and waste committed thereupon by the defendant or those under whom he
claims, but against this recovery shall be offset pro tanto the
value of the permanent improvements and the amount of said
taxes and assessments with interest found as above provided.
Should the value of improvements or taxes or assessments
with interest exceed the recovery for damages, the plaintiff,
shall, within two months, pay to the defendant the difference
between the two sums and upon proof, after notice, to the
defendant, that this has been done, the court shall make an
order declaring that fact, and that title to the improvements
is vested in him. Should the plaintiff fail to make such
payment, the defendant may at any time within two months
after the time limited for such payment to be made, pay to
the plaintiff the value of the land apart from the improvements, and the amount of the damages awarded against him,
and he thereupon shall be vested with title to the land, and,
after notice to the plaintiff, the court shall make an order
reciting the fact and adjudging title to be in him. Should
neither party make the payment above provided, within the
specified time, they shall be deemed to be tenants in
common of the premises, including the improvements, each
holding an interest proportionate to the value of his property
determined in the manner specified in RCW 7.28.170:
PROVIDED, That the interest of the owner of the improvements shall be the difference between the value of the
(2002 Ed.)
Ejectment, Quieting Title
improvements and the amount of damages recovered against
him by the plaintiff. [1903 c 137 § 3; RRS § 799.]
7.28.190 Verdict where plaintiff’s right to possession expires before trial. If the right of the plaintiff to the
possession of the property expire, after the commencement
of the action and before the trial, the verdict shall be given
according to the fact, and judgment shall be given only for
the damages. [Code 1881 § 542; 1877 p 114 § 546; 1869 p
130 § 494; RRS § 800.]
7.28.200 Order for survey of property. The court or
judge thereof, on motion, and after notice to the adverse
party, may, for cause shown, grant an order allowing the
party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof, for the
purposes of the action. [Code 1881 § 543; 1877 p 114 §
547; 1869 p 130 § 495; RRS § 801.]
7.28.210 Order for survey of property—Contents of
order—Service. The order shall describe the property, and
a copy thereof shall be served upon the defendant, and
thereupon the party may enter upon the property and make
such survey and admeasurement; but if any unnecessary
injury be done to the premises, he shall be liable therefor.
[Code 1881 § 544; 1877 p 114 § 548; 1869 p 130 § 496;
RRS § 802.]
7.28.220 Alienation by defendant, effect of. An
action for the recovery of the possession of real property
against a person in possession, cannot be prejudiced by any
alienation made by such person either before or after the
commencement of the action; but if such alienation be made
after the commencement of the action, and the defendant do
not satisfy the judgment recovered for damages for withholding the possession, such damages may be recovered by
action against the purchaser. [Code 1881 § 545; 1877 p 114
§ 549; 1869 p 130 § 497; RRS § 803.]
7.28.230 Mortgagee cannot maintain action for
possession—Possession to collect mortgaged, pledged, or
assigned rents and profits—Perfection of security interest. (1) A mortgage of any interest in real property shall not
be deemed a conveyance so as to enable the owner of the
mortgage to recover possession of the real property, without
a foreclosure and sale according to law: PROVIDED, That
nothing in this section shall be construed as any limitation
upon the right of the owner of real property to mortgage,
pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or assignee of such rents and
profits, or any trustee under a mortgage or trust deed either
contemporaneously or upon the happening of a future event
of default, from entering into possession of any real property, other than farm lands or the homestead of the mortgagor
or his successor in interest, for the purpose of collecting the
rents and profits thereof for application in accordance with
the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power
of a court of equity to appoint a receiver to take charge of
such real property and collect such rents and profits thereof
(2002 Ed.)
7.28.180
for application in accordance with the terms of such mortgage, trust deed or assignment.
(2) Until paid, the rents and profits of real property
constitute real property for the purposes of mortgages, trust
deeds or assignments whether or not said rents and profits
have accrued. The provisions of RCW 65.08.070 as now or
hereafter amended shall be applicable to such rents and
profits, and such rents and profits are excluded from *Article
62A.9 RCW.
(3) The recording of an assignment, mortgage, or pledge
of unpaid rents and profits of real property, intended as
security, in accordance with RCW 65.08.070, shall immediately perfect the security interest in the assignee, mortgagee,
or pledgee and shall not require any further action by the
holder of the security interest to be perfected as to any
subsequent purchaser, mortgagee, or assignee. Any lien
created by such assignment, mortgage, or pledge shall, when
recorded, be deemed specific, perfected, and choate even if
recorded prior to July 23, 1989. [1991 c 188 § 1; 1989 c 73
§ 1; 1969 ex.s. c 122 § 1; Code 1881 § 546; 1877 p 114 §
550; 1869 p 130 § 498; RRS § 804.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
7.28.240 Action between cotenants. In an action by
a tenant in common, or a joint tenant of real property against
his cotenant, the plaintiff must show, in addition to his
evidence of right, that the defendant either denied the
plaintiff’s right or did some act amounting to such denial.
[Code 1881 § 547; 1877 p 114 § 551; 1869 p 130 § 499;
RRS § 805.]
7.28.250 Action against tenant on failure to pay
rent. When in the case of a lease of real property and the
failure of tenant to pay rent, the landlord has a subsisting
right to reenter for such failure; he may bring an action to
recover the possession of such property, and such action is
equivalent to a demand of the rent and a reentry upon the
property. But if at any time before the judgment in such
action, the lessee or his successor in interest as to the whole
or a part of the property, pay to the plaintiff, or bring into
court the amount of rent then in arrear, with interest and cost
of action, and perform the other covenants or agreements on
the part of the lessee, he shall be entitled to continue in the
possession according to the terms of the lease. [Code 1881
§ 548; 1877 p 114 § 552; 1869 p 131 § 500; No RRS.]
Forcible entry, detainer: Chapter 59.12 RCW.
Rent default, less than forty dollars: Chapter 59.08 RCW.
Tenancies: Chapter 59.04 RCW.
7.28.260 Effect of judgment—Lis pendens—
Vacation. In an action to recover possession of real property, the judgment rendered therein shall be conclusive as to
the estate in such property and the right of possession
thereof, so far as the same is thereby determined, upon all
persons claiming by, through, or under the party against
whom the judgment is rendered, by title or interest passing
after the commencement of the action, if the party in whose
favor the judgment is rendered shall have filed a notice of
the pendency of the action as required by RCW 4.28.320.
[Title 7 RCW—page 19]
7.28.260
Title 7 RCW: Special Proceedings and Actions
When service of the notice is made by publication, and
judgment is given for failure to answer, at any time within
two years from the entry thereof, the defendant or his
successor in interest as to the whole or any part of the
property, shall, upon application to the court or judge
thereof, be entitled to an order, vacating the judgment and
granting him a new trial, upon the payment of the costs of
the action. [1909 c 35 § 1; Code 1881 § 549; 1877 p 114 §
553; 1869 p 131 § 501; RRS § 806.]
Rules of court: Cf. CR 58, 60(e).
New trials: Chapter 4.76 RCW.
Vacation of judgments: Chapter 4.72 RCW.
7.28.270 Effect of vacation of judgment. If the
plaintiff has taken possession of the property before the
judgment is set aside and a new trial granted, as provided in
RCW 7.28.260, such possession shall not be thereby affected
in any way; and if judgment be given for defendant in the
new trial, he shall be entitled to restitution by execution in
the same manner as if he were plaintiff. [Code 1881 § 550;
1877 p 115 § 554; 1869 p 131 § 502; RRS § 807.]
Rules of court: Cf. CR 58, 60(e).
7.28.280 Conflicting claims, donation law, generally—Joinder of parties. In an action at law, for the recovery of the possession of real property, if either party claims
the property as a donee of the United States, and under the
act of congress approved September 27th, 1850, commonly
called the "Donation law," or the acts amendatory thereof,
such party, from the date of his settlement thereon, as
provided in said act, shall be deemed to have a legal estate
in fee, in such property, to continue upon condition that he
perform the conditions required by such acts, which estate is
unconditional and indefeasible after the performance of such
conditions. In such action, if both plaintiff and defendant
claim title to the same real property, by virtue of settlement,
under such acts, such settlement and performance of the
subsequent condition shall be prima facie presumed in favor
of the party having or claiming under the elder certificate, or
patent, as the case may be, unless it appears upon the face
of such certificate or patent that the same is absolutely void.
Any person in possession, by himself or his tenant, of real
property, and any private or municipal corporation in
possession by itself or its tenant of any real property, or
when such real property is not in the actual possession of
anyone, any person or private or municipal corporation
claiming title to any real property under a patent from the
United States, or during his or its claim of title to such real
property under a patent from the United States for such real
estate, may maintain a civil action against any person or
persons, corporations or associations claiming an interest in
said real property or any part thereof, or any right thereto
adverse to him, them, or it, for the purpose of determining
such claim, estate, or interest; and where several persons, or
private or municipal corporations are in possession of, or
claim as aforesaid, separate parcels of real property, and an
adverse interest is claimed or claim made in or to any such
parcels, by any other person, persons, corporations or
associations, arising out of a question, conveyance, statute,
grant, or other matter common to all such parcels of real
estate, all or any portion of such persons or corporations so
[Title 7 RCW—page 20]
in possession, or claiming such parcel of real property may
unite as plaintiffs in such suit to determine such adverse
claim or interest against all persons, corporations or associations claiming such adverse interest. [Code 1881 § 551;
1877 p 116 § 556; 1869 p 132 § 504; RRS §§ 808, 809.
Formerly RCW 7.28.280 and 7.28.290.]
7.28.300 Quieting title against outlawed mortgage
or deed of trust. The record owner of real estate may
maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to
foreclose such mortgage or deed of trust would be barred by
the statute of limitations, and, upon proof sufficient to satisfy
the court, may have judgment quieting title against such a
lien. [1998 c 295 § 17; 1937 c 124 § 1; RRS § 785-1.]
Limitation of actions, generally: Chapter 4.16 RCW.
Real estate mortgages, foreclosure: Chapter 61.12 RCW.
7.28.310 Quieting title to personal property. Any
person or corporation claiming to be the owner of or
interested in any tangible or intangible personal property
may institute and maintain a suit against any person or
corporation also claiming title to or any interest in such
property for the purpose of adjudicating the title of the
plaintiff to such property, or any interest therein, against any
and all adverse claims; removing all such adverse claims as
clouds upon the title of the plaintiff and quieting the title of
the plaintiff against any and all such adverse claims. [1929
c 100 § 1; RRS § 809-1.]
7.28.320 Possession no defense. The fact that any
person or corporation against whom such action may be
brought is in the possession of such property, or evidence of
title to such property, shall not prevent the maintenance of
such suit. [1929 c 100 § 2; RRS § 809-2.]
Chapter 7.36
HABEAS CORPUS
Sections
7.36.010
7.36.020
7.36.030
7.36.040
7.36.050
7.36.060
7.36.070
7.36.080
7.36.090
7.36.100
7.36.110
7.36.120
7.36.130
7.36.140
7.36.150
7.36.160
7.36.170
7.36.180
7.36.190
7.36.200
7.36.210
7.36.220
7.36.230
7.36.240
Who may prosecute writ.
Parents, guardians, etc., may act for persons under disability.
Petition—Contents.
Who may grant writ.
To whom directed—Contents.
Delivery to sheriff if to him directed.
Service by sheriff if directed to another.
Service when person not found.
Return—Attachment for refusal.
Form of return—Production of person.
Procedure—Pleadings—Amendment.
Hearing—Determination.
Limitation upon inquiry.
Duty of courts when federal question is raised.
Admission to bail or discharge—Duty of court.
Writ to admit prisoner to bail.
Compelling attendance of witnesses.
Officers protected from civil liability.
Warrant to prevent removal.
Warrant may call for apprehension of offending party.
Execution of warrant.
Temporary orders.
Emergency acts on Sunday authorized.
Writs and process—Issuance—Service—Defects—
Amendments.
(2002 Ed.)
Habeas Corpus
7.36.250
Proceeding in forma pauperis.
Rules of court: RAP 16.3 through 16.15.
7.36.010 Who may prosecute writ. Every person
restrained of his liberty under any pretense whatever, may
prosecute a writ of habeas corpus to inquire into the cause
of the restraint, and shall be delivered therefrom when illegal. [Code 1881 § 666; 1877 p 138 § 669; 1869 p 156 §
606; 1854 p 212 § 434; RRS § 1063.]
7.36.020 Parents, guardians, etc., may act for
persons under disability. Writs of habeas corpus shall be
granted in favor of parents, guardians, limited guardians
where appropriate, spouses, and next of kin, and to enforce
the rights, and for the protection of infants and incompetent
or disabled persons within the meaning of RCW 11.88.010;
and the proceedings shall in all cases conform to the
provisions of this chapter. [1977 ex.s. c 80 § 8; 1973 1st
ex.s. c 154 § 17; Code 1881 § 688; 1877 p 141 § 692; 1869
p 159 § 628; 1854 p 214 § 456; RRS § 1064.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
7.36.030 Petition—Contents. Application for the writ
shall be made by petition, signed and verified either by the
plaintiff or by some person in his behalf, and shall specify:
(1) By whom the petitioner is restrained of his liberty,
and the place where, (naming the parties if they are known,
or describing them if they are not known).
(2) The cause or pretense of the restraint according to
the best of the knowledge and belief of the applicant.
(3) If the restraint be alleged to be illegal, in what the
illegality consists. [Code 1881 § 667; 1877 p 138 § 670;
1869 p 156 § 607; 1854 p 212 § 435; RRS § 1065.]
7.36.040 Who may grant writ. Writs of habeas
corpus may be granted by the supreme court, the court of
appeals, or superior court, or by any judge of such courts,
and upon application the writ shall be granted without delay.
[1971 c 81 § 31; 1957 c 9 § 10; Code 1881 § 668; 1877 p
138 § 671; 1869 p 156 § 608; 1854 p 212 § 436; RRS §
1066.]
Rules of court: Cf. RAP 16.3, 18.22.
7.36.050 To whom directed—Contents. The writ
shall be directed to the officer or party having the person
under restraint, commanding him to have such person before
the court or judge at such time and place as the court or
judge shall direct to do and receive what shall be ordered
concerning him, and have then and there the writ. [Code
1881 § 669; 1877 p 138 § 672; 1869 p 156 § 609; 1854 p
212 § 437; RRS § 1067.]
7.36.060 Delivery to sheriff if to him directed. If
the writ be directed to the sheriff, it shall be delivered by the
clerk to him without delay. [Code 1881 § 670; 1877 p 138
§ 673; 1869 p 156 § 610; 1854 p 212 § 438; RRS § 1068.]
(2002 Ed.)
Chapter 7.36
7.36.070 Service by sheriff if directed to another.
If the writ be directed to any other person, it shall be
delivered to the sheriff and shall be by him served by
delivering the same to such person without delay. [Code
1881 § 671; 1877 p 139 § 674; 1869 p 156 § 611; 1854 p
212 § 430; RRS § 1069.]
7.36.080 Service when person not found. If the
person to whom such writ is directed cannot be found or
shall refuse admittance to the sheriff, the same may be
served by leaving it at the residence of the person to whom
it is directed, or by posting the same on [in] some conspicuous place, either of [on] his dwelling house or where the
party is confined or under restraint. [Code 1881 § 672; 1877
p 139 § 675; 1869 p 157 § 612; 1854 p 212 § 440; RRS §
1070.]
7.36.090 Return—Attachment for refusal. The
sheriff or other person to whom the writ is directed shall
make immediate return thereof, and if he refuse after due
service to make return, the court shall enforce obedience by
attachment. [Code 1881 § 673; 1877 p 139 § 676; 1869 p
157 § 613; 1854 p 213 § 441; RRS § 1071.]
7.36.100 Form of return—Production of person.
The return must be signed and verified by the person making
it, who shall state:
(1) The authority or cause of the restraint of the party
in his custody.
(2) If the authority shall be in writing, he shall return a
copy and produce the original on the hearing.
(3) If he has had the party in his custody or under his
restraint, and has transferred him to another, he shall state to
whom, the time, place and cause of the transfer. He shall
produce the party at the hearing unless prevented by sickness
or infirmity, which must be shown in the return. [Code
1881 § 674; 1877 p 139 § 677; 1869 p 157 § 614; 1854 p
213 § 442; RRS § 1072.]
7.36.110 Procedure—Pleadings—Amendment. The
court or judge, if satisfied of the truth of the allegation of
sickness or infirmity, may proceed to decide on the return,
or the hearing may be adjourned until the party can be
produced, or for other good cause. The plaintiff may except
to the sufficiency of, or controvert the return or any part
thereof, or allege any new matter in evidence. The new
matter shall be verified, except in cases of commitment on
a criminal charge. The return and pleadings may be amended without causing a delay. [Code 1881 § 675; 1877 p 139
§ 678; 1869 p 157 § 615; 1854 p 213 § 443; RRS § 1073.]
7.36.120 Hearing—Determination. The court or
judge shall thereupon proceed in a summary way to hear and
determine the cause, and if no legal cause be shown for the
restraint or for the continuation thereof, shall discharge the
party. [Code 1881 § 676; 1877 p 139 § 679; 1869 p 157 §
616; 1854 p 213 § 444; RRS § 1074.]
Rules of court: ER 1101.
[Title 7 RCW—page 21]
7.36.130
Title 7 RCW: Special Proceedings and Actions
7.36.130 Limitation upon inquiry. No court or judge
shall inquire into the legality of any judgment or process
whereby the party is in custody, or discharge the party when
the term of commitment has not expired, in either of the
cases following:
(1) Upon any process issued on any final judgment of
a court of competent jurisdiction except where it is alleged
in the petition that rights guaranteed the petitioner by the
Constitution of the state of Washington or of the United
States have been violated and the petition is filed within the
time allowed by RCW 10.73.090 and 10.73.100.
(2) For any contempt of any court, officer or body
having authority in the premises to commit; but an order of
commitment, as for a contempt upon proceedings to enforce
the remedy of a party, is not included in any of the foregoing specifications.
(3) Upon a warrant issued from the superior court upon
an indictment or information. [1989 c 395 § 3; 1947 c 256
§ 3; 1891 c 43 § 1; Code 1881 § 677; 1869 p 157 § 617;
1854 p 213 § 445; Rem. Supp. 1947 § 1075.]
7.36.140 Duty of courts when federal question is
raised. In the consideration of any petition for a writ of
habeas corpus by the supreme court or the court of appeals,
whether in an original proceeding or upon an appeal, if any
federal question shall be presented by the pleadings, it shall
be the duty of the supreme court to determine in its opinion
whether or not the petitioner has been denied a right guaranteed by the Constitution of the United States. [1971 c 81 §
32; 1947 c 256 § 2; Rem. Supp. 1947 § 1085-2.]
7.36.150 Admission to bail or discharge—Duty of
court. No person shall be discharged from an order of
commitment issued by any judicial or peace officer for want
of bail, or in cases not bailable on account of any defect in
the charge or process, or for alleged want of probable cause;
but in all cases the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and
discharge, admit to bail or recommit the prisoner, as may be
just and legal, and recognize witnesses when proper. [Code
1881 § 678; 1877 p 140 § 681; 1869 p 157 § 618; 1854 p
213 § 446; RRS § 1076.]
7.36.160 Writ to admit prisoner to bail. The writ
may be had for the purpose of admitting a prisoner to bail in
civil and criminal actions. When any person has an interest
in the detention, and the prisoner shall not be discharged
until the person having such interest is notified. [Code 1881
§ 679; 1877 p 140 § 682; 1869 p 158 § 619; 1854 p 214 §
447; RRS § 1077.]
7.36.170 Compelling attendance of witnesses. The
court or judge shall have power to require and compel the
attendance of witnesses, and to do all other acts necessary to
determine the case. [Code 1881 § 680; 1877 p 140 § 683;
1869 p 158 § 620; 1854 p 214 § 448; RRS § 1078.]
Witnesses, compelling attendance: Chapter 5.56 RCW.
7.36.180 Officers protected from civil liability. No
sheriff or other officer shall be liable to a civil action for
[Title 7 RCW—page 22]
obeying any writ of habeas corpus or order of discharge
made thereon. [Code 1881 § 681; 1877 p 140 § 684; 1869
p 158 § 621; 1854 p 214 § 449; RRS § 1079.]
7.36.190 Warrant to prevent removal. Whenever it
shall appear by affidavit that any one is illegally held in
custody or restraint, and that there is good reason to believe
that such person will be carried out of the jurisdiction of the
court or judge before whom the application is made, or will
suffer some irreparable injury before compliance with the
writ can be enforced, such court or judge may cause a
warrant to be issued reciting the facts, and directed to the
sheriff or any constable of the county, commanding him to
take the person thus held in custody or restraint, and
forthwith bring him before the court or judge to be dealt
with according to the law. [Code 1881 § 682; 1877 p 140
§ 685; 1869 p 158 § 622; 1854 p 214 § 450; RRS § 1080.]
7.36.200 Warrant may call for apprehension of
offending party. The court or judge may also, if the same
be deemed necessary, insert in the warrant a command for
the apprehension of the person charged with causing the
illegal restraint. [Code 1881 § 683; 1877 p 141 § 687; 1869
p 159 § 623; 1854 p 214 § 451; RRS § 1081.]
7.36.210 Execution of warrant. The officer shall
execute the writ [warrant] by bringing the person therein
named before the court or judge, and the like return of
proceedings shall be required and had as in case of writs of
habeas corpus. [Code 1881 § 684; 1877 p 141 § 688; 1869
p 159 § 624; 1854 p 214 § 452; RRS § 1082.]
7.36.220 Temporary orders. The court or judge may
make any temporary orders in the cause or disposition of the
party during the progress of the proceedings that justice may
require. The custody of any party restrained may be
changed from one person to another, by order of the court or
judge. [Code 1881 § 685; 1877 p 141 § 689; 1869 p 159 §
625; 1854 p 214 § 453; RRS § 1083.]
7.36.230 Emergency acts on Sunday authorized.
Any writ or process authorized by this chapter may be issued
and served, in cases of emergency, on Sunday. [Code 1881
§ 686; 1877 p 141 § 690; 1869 p 159 § 626; 1854 p 214 §
454; RRS § 1084.]
Superior court, issuance of habeas corpus on nonjudicial days: State
Constitution Art. 4 § 6 (Amendment 28).
7.36.240 Writs and process—Issuance—Service—
Defects—Amendments. All writs and other process
authorized by this chapter shall be issued by the clerk of the
court, and sealed with the seal of such court, and shall be
served and returned forthwith, unless the court or judge shall
specify a particular time for such return. And no writ or
other process shall be disregarded for any defect therein, if
enough is shown to notify the officer or person of the
purport of the process. Amendments may be allowed and
temporary commitments when necessary. [Code 1881 § 687;
1877 p 141 § 691; 1869 p 159 § 627; 1854 p 214 § 455;
RRS § 1085.]
(2002 Ed.)
Habeas Corpus
7.36.250 Proceeding in forma pauperis. Any person
entitled to prosecute a writ of habeas corpus who, by reason
of poverty is unable to pay the costs of such proceeding or
give security therefor, may file in the court having original
jurisdiction of the proceeding an affidavit setting forth such
facts and that he or she believes himself or herself to be
entitled to the redress sought. Upon the filing of such an
affidavit the court may, if satisfied that the proceeding or
appeal is instituted or taken in good faith, order that such
proceeding, including appeal, may be prosecuted without
prepayment of fees or costs or the giving of security therefor. This section also applies to filing fees assessed under
RCW 36.18.016. [2002 c 338 § 3; 1947 c 256 § 1; Rem.
Supp. 1947 § 1085-1.]
Rules of court: RAP 16.15(f), 16.15(g).
Chapter 7.40
INJUNCTIONS
Sections
7.40.010
7.40.020
7.40.030
7.40.040
7.40.050
7.40.060
7.40.070
7.40.080
7.40.085
Who may grant restraining orders and injunctions.
Grounds for issuance.
Malicious erection of structure may be enjoined.
Time of granting.
Notice—Restraining orders in emergencies.
Affidavits at hearing.
Terms and conditions may be imposed.
Injunction bond.
Injunction bonds for injunctions affecting public construction contracts.
7.40.090
Bond for injunction after temporary restraining order.
7.40.100
Copy of order serves as writ.
7.40.110
Stay of judgment—Release of errors.
7.40.120
Injunction, who is bound by.
7.40.130
When adverse party becomes bound.
7.40.140
Disposition of money collected on enjoined judgment.
7.40.150
Contempt for disobedience.
7.40.160
Attachment and arrest—Indemnity of plaintiff.
7.40.170
Bond for appearance.
7.40.180
Motion to dissolve or modify.
7.40.190
Damages on dissolution of injunction to stay judgment.
7.40.200
Damages for rents and waste.
7.40.210
Motion to reinstate.
7.40.230
Injunctions—Fraud in obtaining telecommunications service.
Rules of court: Cf. CR 65, 52(a)(2)(A).
Abortion clinics, interference with: Chapter 9A.50 RCW.
Camping resorts, relating to: RCW 19.105.470, 19.105.490.
Health care facilities, interference with: Chapter 9A.50 RCW.
Injunctions in labor disputes: Chapter 49.32 RCW.
Medical facilities, interference with: Chapter 9A.50 RCW.
Term papers, theses, dissertations, sale of prohibited—Injunctions: RCW
28B.10.584.
7.40.010 Who may grant restraining orders and
injunctions. Restraining orders and injunctions may be
granted by the superior court, or by any judge thereof.
[1957 c 9 § 11; Code 1881 § 153; 1877 p 32 § 153; 1869 p
38 § 151; 1854 p 152 § 111; RRS § 718.]
7.40.020 Grounds for issuance. When it appears by
the complaint that the plaintiff is entitled to the relief
demanded and the relief, or any part thereof, consists in
restraining the commission or continuance of some act, the
commission or continuance of which during the litigation
would produce great injury to the plaintiff; or when during
(2002 Ed.)
7.36.250
the litigation, it appears that the defendant is doing, or
threatened, or is about to do, or is procuring, or is suffering
some act to be done in violation of the plaintiff’s rights
respecting the subject of the action tending to render the
judgment ineffectual; or where such relief, or any part
thereof, consists in restraining proceedings upon any final
order or judgment, an injunction may be granted to restrain
such act or proceedings until the further order of the court,
which may afterwards be dissolved or modified upon
motion. And where it appears in the complaint at the
commencement of the action, or during the pendency
thereof, by affidavit, that the defendant threatens, or is about
to remove or dispose of his property with intent to defraud
his creditors, a temporary injunction may be granted to
restrain the removal or disposition of his property. [Code
1881 § 154; 1877 p 33 § 154; 1869 p 38 § 152; 1854 p 152
§ 112; RRS § 719.]
7.40.030 Malicious erection of structure may be
enjoined. An injunction may be granted to restrain the
malicious erection, by any owner or lessee of land, of any
structure intended to spite, injure or annoy an adjoining
proprietor. And where any owner or lessee of land has
maliciously erected such a structure with such intent, a
mandatory injunction will lie to compel its abatement and
removal. [1883 p 44 § 1, part; Code 1881 § 154 1/2; RRS
§ 720.]
7.40.040 Time of granting. The injunction may be
granted at the time of commencing the action, or at any time
afterwards, before judgment in that proceeding. [Code 1881
§ 155; 1877 p 33 § 155; 1869 p 39 § 153; 1854 p 153 §
113; RRS § 721.]
7.40.050 Notice—Restraining orders in emergencies.
No injunction shall be granted until it shall appear to the
court or judge granting it, that some one or more of the
opposite party concerned, has had reasonable notice of the
time and place of making application, except that in cases of
emergency to be shown in the complaint, the court may
grant a restraining order until notice can be given and
hearing had thereon. [Code 1881 § 156; 1877 p 33 § 156;
1869 p 39 § 154; 1854 p 153 § 114; RRS § 722.]
Rules of court: CR 52(a)(2)(A), 65.
7.40.060 Affidavits at hearing. On the hearing of an
application for an injunction, each party may read affidavits.
[Code 1881 § 157; 1877 p 33 § 157; 1869 p 39 § 155; 1854
p 153 § 115; RRS § 723.]
Rules of court: CR 65.
7.40.070 Terms and conditions may be imposed.
Upon the granting or continuing an injunction, such terms
and conditions may be imposed upon the party obtaining it
as may be deemed equitable. [Code 1881 § 158; 1877 p 33
§ 158; 1869 p 39 § 156; 1854 p 153 § 116; RRS § 724.]
Rules of court: Cf. CR 65(d).
7.40.080 Injunction bond. No injunction or restraining order shall be granted until the party asking it shall enter
[Title 7 RCW—page 23]
7.40.080
Title 7 RCW: Special Proceedings and Actions
into a bond, in such a sum as shall be fixed by the court or
judge granting the order, with surety to the satisfaction of the
clerk of the superior court, to the adverse party affected
thereby, conditioned to pay all damages and costs which may
accrue by reason of the injunction or restraining order. The
sureties shall, if required by the clerk, justify as provided by
law, and until they so justify, the clerk shall be responsible
for their sufficiency. The court in its sound discretion may
waive the required bond in situations in which a person’s
health or life would be jeopardized. [1994 c 185 § 5; 1957
c 51 § 9; Code 1881 § 159; 1877 p 33 § 159; 1869 p 39 §
157; 1854 p 153 § 117; RRS § 725.]
Rules of court: Cf. CR 65(c).
Corporate surety—Insurance: Chapter 48.28 RCW.
7.40.085 Injunction bonds for injunctions affecting
public construction contracts. In determining the amount
of the bond required by RCW 7.40.080 as now or hereafter
amended, with respect to an injunction or restraining order
that will delay or enjoin a notice to proceed or the performance of work under a construction contract for a public
contracting body among the factors regarded in the exercise
of its discretion, the court shall consider:
(1) All costs and liquidated damages provided for in the
contract or otherwise that may result from such delay;
(2) The probable costs to the public in terms of inconvenience, delayed use of the proposed facilities, and escalation
of costs of delayed construction of the proposed facilities
that may be incurred as a result of a delay subsequently
found to be without good cause; and
(3) The procedures for consideration of objections to
proposed construction and the opportunity the one seeking
the injunction had for objecting prior to the letting of the
contract. [1974 ex.s. c 153 § 1.]
7.40.090 Bond for injunction after temporary
restraining order. When an injunction is granted upon the
hearing, after a temporary restraining order, the plaintiff shall
not be required to enter into a second bond, unless the
former shall be deemed insufficient, but the plaintiff and his
surety shall remain liable upon his original bond. [Code
1881 § 160; 1877 p 33 § 160; 1869 p 39 § 158; 1854 p 153
§ 118; RRS § 726.]
Rules of court: Cf. CR 65(c).
7.40.100 Copy of order serves as writ. It shall not
be necessary to issue a writ of injunction, but the clerk shall
issue a copy of the order of injunction duly certified by him,
which shall be forthwith served by delivering the same to the
adverse party. [Code 1881 § 161; 1877 p 33 § 161; 1869 p
39 § 159; 1854 p 153 § 119; RRS § 727.]
7.40.110 Stay of judgment—Release of errors. In
application to stay proceedings after judgment, the plaintiff
shall endorse upon his complaint a release of errors in the
judgment whenever required to do so by the judge or court.
[Code 1881 § 162; 1877 p 33 § 162; 1869 p 39 § 160; 1854
p 153 § 120; RRS § 728.]
[Title 7 RCW—page 24]
7.40.120 Injunction, who is bound by. An order of
injunction shall bind every person and officer restrained from
the time he is informed thereof. [Code 1881 § 163; 1877 p
33 § 163; 1869 p 40 § 161; 1854 p 153 § 121; RRS § 729.]
7.40.130 When adverse party becomes bound.
When notice of the application for an injunction has been
served upon the adverse party, it shall not be necessary to
serve the order upon him, but he shall be bound by the
injunction as soon as the bond required of the plaintiff is
executed and delivered to the proper officer. [Code 1881 §
164; 1877 p 34 § 164; 1869 p 40 § 162; 1854 p 154 § 122;
RRS § 730.]
7.40.140 Disposition of money collected on enjoined
judgment. Money collected upon a judgment afterward
enjoined, remaining in the hands of the collecting officer,
shall be paid to the clerk of the court granting the injunction,
subject to the order of the court. [Code 1881 § 165; 1877
p 34 § 165; 1869 p 40 § 163; 1854 p 154 § 123; RRS §
731.]
7.40.150 Contempt for disobedience. Whenever it
shall appear to any court granting a restraining order or an
order of injunction, or by affidavit, that any person has
wilfully disobeyed the order after notice thereof, such court
shall award an attachment for contempt against the party
charged, or an order to show cause why it should not issue.
The attachment or order shall be issued by the clerk of the
court, and directed to the sheriff, and shall be served by him.
[1957 c 9 § 12; Code 1881 § 166; 1877 p 34 § 166; 1869 p
40 § 164; 1854 p 154 § 124; RRS § 732.]
7.40.160 Attachment and arrest—Indemnity of
plaintiff. The attachment for contempt shall be immediately
served, by arresting the party charged, and bringing him into
court, if in session, to be dealt with as in other cases of
contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff against damages
in the premises. [Code 1881 § 167; 1877 p 34 § 167; 1869
p 40 § 165; 1854 p 154 § 125; RRS § 733.]
7.40.170 Bond for appearance. If the court is not in
session the officer making the arrest shall cause the person
to enter into a bond, with surety, to be approved by the
officer, conditioned that he personally appear in open court
whenever his appearance shall be required, to answer such
contempt, and that he will pay to the plaintiff all his damages and costs occasioned by the breach of the order; and in
default thereof he shall be committed to the jail of the
county until he shall enter into such bond with surety, or be
otherwise legally discharged. [1891 c 56 § 1; Code 1881 §
168; 1877 p 34 § 168; 1869 p 40 § 166; 1854 p 154 § 126;
RRS § 734.]
7.40.180 Motion to dissolve or modify. Motions to
dissolve or modify injunctions may be made in open court,
or before a judge of the superior court, at any time after
reasonable notice to the adverse party. [1891 c 36 § 1; Code
(2002 Ed.)
Injunctions
1881 § 169; 1877 p 34 § 169; 1869 p 40 § 167; 1854 p 154
§ 127; RRS § 735.]
Rules of court: CR 65.
7.40.190 Damages on dissolution of injunction to
stay judgment. When an injunction to stay proceedings
after judgment for debt or damages shall be dissolved, the
court shall award such damages not exceeding ten percent on
the judgment, as the court may deem right, against the party
in whose favor the injunction issued. [Code 1881 § 170;
1877 p 34 § 170; 1869 p 41 § 168; 1854 p 154 § 128; RRS
§ 736.]
7.40.200 Damages for rents and waste. If an
injunction to stay proceedings after verdict or judgment in an
action for the recovery of real estate, or the possession
thereof, be dissolved, the damages assessed against the party
obtaining the injunction, shall include the reasonable rents
and profits of the lands recovered, and all waste committed
after granting injunction. [Code 1881 § 171; 1877 p 35 §
171; 1869 p 41 § 169; 1854 p 154 § 129; RRS § 737.]
7.40.210 Motion to reinstate. Upon an order being
made dissolving or modifying an order of injunction, the
plaintiff may move the court to reinstate the order, and the
court may, in its discretion, allow the motion, and appoint a
time for hearing the same before the court, or a time and
place for hearing before some judge thereof, and upon the
hearing, the parties may produce such additional affidavits
or depositions as the court shall direct, and the order of
injunction shall be dissolved, modified, or reinstated, as the
court or judge may deem right. Until the hearing of the
motion to reinstate the order of injunction, the order to
dissolve or modify it, shall be suspended. [Code 1881 §
172; 1877 p 35 § 172; 1869 p 41 § 170; 1854 p 154 § 130;
RRS § 738.]
7.40.230 Injunctions—Fraud in obtaining telecommunications service. (1) Whenever it appears that any
person is engaged in or about to engage in any act that
constitutes or will constitute a violation of RCW 9.26A.110
or 9.26A.090, the prosecuting attorney, a telecommunications
company, or any person harmed by an alleged violation of
RCW 9.26A.110 or 9.26A.090 may initiate a civil proceeding in superior court to enjoin such violation, and may
petition the court to issue an order for the discontinuance of
the specific telephone service being used in violation of
RCW 9.26A.110 or 9.26A.090.
(2) An action under this section shall be brought in the
county in which the unlawful act or acts are alleged to have
taken place, and shall be commenced by the filing of a
verified complaint, or shall be accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either
by verified complaint or affidavit, that a person is engaged
in or about to engage in any act that constitutes a violation
of RCW 9.26A.110 or 9.26A.090, the court may issue a
temporary restraining order to abate and prevent the continuance or recurrence of the act. The court may direct the
sheriff to seize and retain until further order of the court any
device that is being used in violation of RCW 9.26A.110 or
(2002 Ed.)
7.40.180
9.26A.090. All property seized pursuant to the order of the
court shall remain in the custody of the court.
(4) The court may issue a permanent injunction to
restrain, abate or prevent the continuance or recurrence of
the violation of RCW 9.26A.110 or 9.26A.090. The court
may grant declaratory relief, mandatory orders, or any other
relief deemed necessary to accomplish the purposes of the
injunction. The court may retain jurisdiction of the case for
the purpose of enforcing its orders.
(5) If it is shown to the satisfaction of the court, either
by verified complaint or affidavit, that a person is engaged
in or is about to engage in any act that constitutes a violation
of RCW 9.26A.110 or 9.26A.090, the court may issue an
order which shall be promptly served upon the person in
whose name the telecommunications device is listed,
requiring the party, within a reasonable time, to be fixed by
the court, from the time of service of the petition on said
party, to show cause before the judge why telephone service
should not promptly be discontinued. At the hearing the
burden of proof shall be on the complainant.
(6) Upon a finding by the court that the telecommunications device is being used or has been used in violation of
RCW 9.26A.110, the court may issue an order requiring the
telephone company which is rendering service over the device to disconnect such service. Upon receipt of such order,
which shall be served upon an officer of the telephone
company by the sheriff or deputy of the county in which the
telecommunications device is installed, the telephone
company shall proceed promptly to disconnect and remove
such device and discontinue all telephone service until
further order of the court, provided that the telephone
company may do so without breach of the peace or trespass.
(7) The telecommunications company that petitions the
court for the removal of any telecommunications device
under this section shall be a necessary party to any proceeding or action arising out of or under RCW 9.26A.110.
(8) No telephone company shall be liable for any
damages, penalty, or forfeiture, whether civil or criminal, for
any legal act performed in compliance with any order issued
by the court.
(9) Property seized pursuant to the direction of the court
that the court has determined to have been used in violation
of RCW 9.26A.110 shall be forfeited after notice and
hearing. The court may remit or mitigate the forfeiture upon
terms and conditions as the court deems reasonable if it finds
that such forfeiture was incurred without gross negligence or
without any intent of the petitioner to violate the law, or it
finds the existence of such mitigating circumstances as to
justify the remission or the mitigation of the forfeiture. In
determining whether to remit or mitigate forfeiture, the court
shall consider losses that may have been suffered by victims
as the result of the use of the forfeited property. [1990 c 11
§ 4.]
Severability—1990 c 11: See RCW 9.26A.900.
[Title 7 RCW—page 25]
Chapter 7.42
Title 7 RCW: Special Proceedings and Actions
Chapter 7.42
INJUNCTIONS—OBSCENE MATERIALS
Sections
7.42.010
7.42.020
7.42.030
7.42.040
7.42.050
Obscene prints and articles—Jurisdiction to enjoin.
Injunction authorized.
Trial by jury—Judgment.
Matter to be surrendered to sheriff—Seizure, destruction.
Prosecuting attorney need not file undertaking prior to order—Nonliability.
7.42.060
Knowledge of contents chargeable after service.
7.42.070
Exemptions.
7.42.900
Severability—1959 c 105.
Rules of court: Cf. CR 65.
Crimes, obscenity: Chapter 9.68 RCW.
Criminal procedure, sufficiency of indictment, information for obscene
literature: RCW 10.37.130.
7.42.010 Obscene prints and articles—Jurisdiction
to enjoin. The superior courts shall have jurisdiction to
enjoin the sale or distribution of obscene prints and articles
as hereinafter specified. [1959 c 105 § 1.]
7.42.020 Injunction authorized. The prosecuting
attorney of every county of the state, in which a person,
firm, or corporation sells or distributes or offers to sell or
distribute or has in his possession with intent to sell or
distribute any book, magazine, pamphlet, comic book, story
paper, writing, paper, newspaper, phonograph record,
magnetic tape, electric or mechanical transcription, picture,
drawing, photograph, figure, image or any written or printed
matter of an indecent character, which is obscene, lewd,
lascivious, filthy or indecent, or which contains an article or
instrument of indecent use or purports to be for indecent use
or purpose, may maintain an action in the name of the state
for an injunction against such person, firm, or corporation in
the superior court to prevent the sale or further sale or the
distribution or further distribution or the acquisition or
possession of any book, magazine, pamphlet, comic book,
story paper, writing, paper, newspaper, phonograph record,
magnetic tape, electric or mechanical transcription, picture,
drawing, photograph, figure or image or any written or
printed matter of indecent character, herein described. [1959
c 105 § 2.]
7.42.030 Trial by jury—Judgment. The person,
firm, or corporation sought to be enjoined shall be entitled
to a trial by jury of the issues within a reasonable time after
joinder of issue and a judgment shall be entered by the court
within two days of the conclusion of the trial. No injunction
or restraining order shall be issued prior to the conclusion of
the trial. [1959 c 105 § 3.]
7.42.040 Matter to be surrendered to sheriff—
Seizure, destruction. In the event that a final order or
judgment of injunction be entered in favor of the state and
against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision
directing the person, firm, or corporation to surrender to the
sheriff of the county in which the action was brought any of
the matter described in RCW 7.42.020, and each sheriff shall
be directed to seize and destroy the same. [1959 c 105 § 4.]
[Title 7 RCW—page 26]
7.42.050 Prosecuting attorney need not file undertaking prior to order—Nonliability. In any action brought
as herein provided, the prosecuting attorney shall not be
required to file any undertaking before the issuance of an
injunction order provided for in RCW 7.42.040, shall not be
liable for costs and shall not be liable for damages sustained
by reason of the injunction order in cases where judgment is
rendered in favor of the person, firm, or corporation sought
to be enjoined. [1959 c 105 § 5.]
7.42.060 Knowledge of contents chargeable after
service. Every person, firm, or corporation who sells,
distributes, or acquires possession with intent to sell or
distribute any of the matter described in RCW 7.42.020,
after the service upon him of a summons and complaint in
an action brought by the prosecuting attorney pursuant to
this chapter is chargeable with knowledge of the contents
thereof. [1959 c 105 § 6.]
7.42.070 Exemptions. Nothing in this chapter shall
apply to any recognized historical society or museum, the
state law library, any county law library, the state library, the
public library, any library of any college or university, or to
any archive or library under the supervision and control of
the state, county, municipality, or other political subdivision.
[1959 c 105 § 7.]
7.42.900 Severability—1959 c 105. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1959 c 105 § 8.]
Chapter 7.43
INJUNCTIONS—DRUG NUISANCES
Sections
7.43.010
7.43.020
7.43.030
7.43.040
7.43.050
7.43.060
7.43.070
7.43.080
7.43.090
7.43.100
7.43.110
7.43.120
7.43.130
7.43.900
Injunction authorized.
Complaint—Affidavit.
Temporary restraining order or preliminary injunction.
Temporary restraining order or preliminary injunction—
Bond required.
Priority of actions.
Dismissal of citizen complaint—Limitations.
Service of complaint.
Order of abatement.
Final order of abatement.
Sale of items subject to forfeiture—Use of proceeds.
Violation of injunction—Contempt of court.
Fine constitutes lien.
Recovery of damages not precluded.
Severability—1988 c 141.
7.43.010 Injunction authorized. (1) Every building
or unit within a building used for the purpose of unlawfully
manufacturing, delivering, selling, storing, or giving away
any controlled substance as defined in chapter 69.50 RCW,
legend drug as defined in chapter 69.41 RCW, or imitation
controlled substances as defined in chapter 69.52 RCW, and
every building or unit within a building wherein or upon
which such acts take place, is a nuisance which shall be
enjoined, abated, and prevented, whether it is a public or
private nuisance.
(2002 Ed.)
Injunctions—Drug Nuisances
(2) As used in this chapter, "building" includes, but is
not limited to, any structure or any separate part or portion
thereof, whether permanent or not, or the ground itself.
[1988 c 141 § 4.]
7.43.020 Complaint—Affidavit. The action provided
for in RCW 7.43.010 shall be brought in the superior court
in the county in which the property is located. Such action
shall be commenced by the filing of a complaint alleging the
facts constituting the nuisance.
Any complaint filed under this chapter shall be verified
or accompanied by affidavit. For purposes of showing that
the owner or his or her agent has had an opportunity to abate
the nuisance, the affidavit shall contain a description of all
attempts by the applicant to notify and locate the owner of
the property or the owner’s agent.
In addition, the affidavit shall describe in detail the adverse impact associated with the property on the surrounding
neighborhood. "Adverse impact" includes, but is not limited
to, the following: Any search warrants served on the
property where controlled substances were seized; investigative purchases of controlled substances on or near the
property by law enforcement or their agents; arrests of
persons who frequent the property for violation of controlled
substances laws; increased volume of traffic associated with
the property; and the number of complaints made to law
enforcement of illegal activity associated with the property.
After filing the complaint, the court shall grant a hearing
within three business days after the filing. [1988 c 141 § 5.]
7.43.030 Temporary restraining order or preliminary injunction. Upon application for a temporary restraining order or preliminary injunction, the court may, upon a
showing of good cause, issue an ex parte restraining order or
preliminary injunction, preventing the defendant and all other
persons from removing or in any manner interfering with the
personal property and contents of the place where the
nuisance is alleged to exist and may grant such preliminary
equitable relief as is necessary to prevent the continuance or
recurrence of the nuisance pending final resolution of the
matter on the merits. However, pending the decision, the
stock in trade may not be so restrained, but an inventory and
full accounting of all business transactions may be required.
The restraining order or preliminary injunction may be
served by handing to and leaving a copy with any person in
charge of the place or residing in the place, or by posting a
copy in a conspicuous place at or upon one or more of the
principal doors or entrances to the place, or by both delivery
and posting. The officer serving the order or injunction shall
forthwith make and return into court an inventory of the
personal property and contents situated in and used in
conducting or maintaining the nuisance.
Any violation of the order or injunction is a contempt
of court, and where such order or injunction is posted,
mutilation or removal thereof while the same remains in
force is a contempt of court if such posted order or injunction contains a notice to that effect. [1988 c 141 § 6.]
7.43.040 Temporary restraining order or preliminary injunction—Bond required. A temporary restraining
order or preliminary injunction shall not issue under this
(2002 Ed.)
7.43.010
chapter except upon the giving of a bond or security by the
applicant, in the sum that the court deems proper, but not
less than one thousand dollars, for the payment of such costs
and damages as may be incurred or suffered by any party
who is found to have been wrongfully restrained or enjoined.
A bond or security shall not be required of the state of
Washington, municipal corporations, or political subdivisions
of the state of Washington. [1988 c 141 § 7.]
7.43.050 Priority of actions. An action under this
chapter shall have precedence over all other actions, except
prior matters of the same character, criminal proceedings,
election contests, hearings on temporary restraining orders
and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act. [1988 c 141
§ 8.]
7.43.060 Dismissal of citizen complaint—
Limitations. (1) If the complaint under this chapter is filed
by a citizen, the complaint shall not be dismissed by the citizen for want of prosecution except upon a sworn statement
made by the citizen and the citizen’s attorney, if the citizen
has one. The statement shall set forth the reasons why the
action should be dismissed. The case shall only be dismissed if so ordered by the court.
(2) In case of failure to prosecute the action with
reasonable diligence, or at the request of the plaintiff, the
court, in its discretion, may substitute any other citizen
consenting to be substituted for the plaintiff. [1988 c 141 §
9.]
7.43.070 Service of complaint. A copy of the
complaint, together with a notice of the time and place of the
hearing of the action shall be served upon the defendant at
least one business day before the hearing. Service may also
be made by posting the papers in the same manner as is
provided for in RCW 7.43.030. If the hearing is then
continued at the request of any defendant, all temporary
orders and injunctions shall be extended as a matter of
course. [1988 c 141 § 10.]
7.43.080 Order of abatement. (1) Except as provided in subsection (2) of this section, if the existence of the
nuisance is established in the action, an order of abatement
shall be entered as part of the final judgment in the case.
Plaintiff’s costs in the action, including those of abatement,
are a lien upon the building or unit within a building. The
lien is enforceable and collectible by execution issued by
order of the court.
(2) If the court finds and concludes that the owner of
the building or unit within a building: (a) Had no knowledge of the existence of the nuisance or has been making
reasonable efforts to abate the nuisance, (b) has not been
guilty of any contempt of court in the proceedings, and (c)
will immediately abate any such nuisance that may exist at
the building or unit within a building and prevent it from
being a nuisance within a period of one year thereafter, the
court shall, if satisfied of the owner’s good faith, order the
building or unit within a building to be delivered to the
owner, and no order of abatement shall be entered. If an
order of abatement has been entered and the owner subse[Title 7 RCW—page 27]
7.43.080
Title 7 RCW: Special Proceedings and Actions
quently meets the requirements of this subsection, the order
of abatement shall be canceled. [1988 c 141 § 11.]
7.43.090 Final order of abatement. Any final order
of abatement issued under this chapter shall:
(1) Direct the removal of all personal property subject
to seizure and forfeiture pursuant to RCW 69.50.505 from
the building or unit within a building, and direct their
disposition pursuant to the forfeiture provisions of RCW
69.50.505;
(2) Provide for the immediate closure of the building or
unit within a building against its use for any purpose, and for
keeping it closed for a period of one year unless released
sooner as provided in this chapter; and
(3) State that while the order of abatement remains in
effect the building or unit within a building shall remain in
the custody of the court. [1988 c 141 § 12.]
7.43.100 Sale of items subject to forfeiture—Use of
proceeds. In all actions brought under this chapter, the
proceeds and all moneys forfeited pursuant to the forfeiture
provisions of RCW 69.50.505 shall be applied as follows:
(1) First, to the fees and costs of the removal and sale;
(2) Second, to the allowances and costs of closing and
keeping closed the building or unit within a building;
(3) Third, to the payment of the plaintiff’s costs in the
action; and
(4) Fourth, the balance, if any, to the owner of the
property.
If the proceeds of the sale of items subject to seizure
and forfeiture do not fully discharge all of the costs, fees,
and allowances, the building or unit within a building shall
then also be sold under execution issued upon the order of
the court, and the proceeds of the sale shall be applied in a
like manner.
A building or unit within a building shall not be sold
under this section unless the court finds and concludes by
clear and convincing evidence that the owner of the building
or unit within a building had actual or constructive knowledge or notice of the existence of the nuisance. However,
this shall not be construed as limiting or prohibiting the
entry of any final order of abatement as provided in this
chapter. [1988 c 141 § 13.]
7.43.110 Violation of injunction—Contempt of
court. An intentional violation of a restraining order,
preliminary injunction, or order of abatement under this
chapter is a contempt of court as provided in chapter 7.21
RCW. [1989 c 373 § 9; 1988 c 141 § 14.]
Severability—1989 c 373: See RCW 7.21.900.
7.43.120 Fine constitutes lien. Whenever the owner
of a building or unit within a building upon which the act or
acts constituting the contempt have been committed, or the
owner of any interest in the building or unit has been found
in contempt of court, and fined in any proceedings under this
chapter, the fine is a lien upon the building or unit within a
building to the extent of the owner’s interest. The lien is
enforceable and collectible by execution issued by order of
the court. [1989 c 373 § 10; 1988 c 141 § 15.]
7.43.130 Recovery of damages not precluded. The
abatement of a nuisance under this chapter does not prejudice the right of any person to recover damages for its past
existence. [1988 c 141 § 16.]
7.43.900 Severability—1988 c 141. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 141 § 18.]
Chapter 7.44
NE EXEAT
Sections
7.44.010
7.44.020
7.44.021
7.44.030
7.44.031
7.44.040
7.44.050
7.44.060
7.44.070
Affidavit for writ.
Complaint.
Arrest and bail—Bond.
Recognizance of defendant.
Recognizance of defendant—Discharge by securing performance.
Subrogation of surety—Rights of contractor.
Habeas corpus available to defendant.
District judges have jurisdiction.
Venue.
7.44.010 Affidavit for writ. Actions may be commenced upon any agreement in writing before the time for
the performance of the contract expires, when the plaintiff or
his agent shall make and file an affidavit with the clerk of
the proper court, that the defendant is about to leave the state
without performing or making provisions for the performance of the contract, taking with him property, moneys,
credits or effects subject to execution, with intent to defraud
plaintiff. [Code 1881 § 636; 1877 p 133 § 639; 1869 p 149
§ 576; 1854 p 209 § 418; RRS § 778.]
7.44.020 Complaint. At the time of filing the
affidavit the plaintiff shall also file his complaint in the
action, and thenceforth the action shall proceed as other
actions at law, except as otherwise provided in this chapter.
[1891 c 42 (p 81) § 1; Code 1881 § 637; 1877 p 133 § 640;
1869 p 149 § 577; 1854 p 209 § 419; RRS § 779, part:
FORMER PARTS OF SECTION: 1891 c 42 § 2 now
codified as RCW 7.44.021.]
7.44.021 Arrest and bail—Bond. Upon such
affidavit and complaint being filed, the clerk shall issue an
order of arrest and bail, directed to the sheriff, which shall
be issued, served and returned in all respects as such orders
in other cases; before such order shall issue the plaintiff shall
file in the office of the clerk a bond, with sufficient surety,
to be approved by the clerk, conditioned that the plaintiff
will pay the defendant such damages and costs as he shall
wrongfully sustain by reason of the action, which surety
shall justify as provided by law. [1957 c 51 § 10; 1891 c 42
§ 2. Formerly RCW 7.44.020, part.]
Corporate surety—Insurance: Chapter 48.28 RCW.
7.44.030 Recognizance of defendant. The sheriff
shall require the defendant to enter into a bond, with
Severability—1989 c 373: See RCW 7.21.900.
[Title 7 RCW—page 28]
(2002 Ed.)
Ne Exeat
sufficient surety, personally to appear within the time
allowed by law for answering the complaint, and to abide the
order of the court; and in default thereof the defendant shall
be committed to prison until discharged in due course of
law; such special bail shall be liable for the principal, and
shall have a right to arrest and deliver him up, as in other
cases, and the defendant may give other bail. [1891 c 42 §
3; Code 1881 § 638; 1877 p 133 § 641; 1869 p 149 § 578;
1854 p 209 § 420; RRS § 780, part. FORMER PARTS OF
SECTION: Code 1881 § 639; 1877 p 133 § 642; 1869 p
150 § 579; 1854 p 209 § 421 now codified as RCW
7.44.031.]
7.48.054
7.48.056
7.48.058
7.48.060
7.48.062
7.48.064
7.48.066
7.48.068
7.48.070
7.48.072
7.48.074
7.48.076
7.48.078
7.48.080
7.44.031 Recognizance of defendant—Discharge by
securing performance. Instead of giving special bail, as
above provided, the defendant shall be entitled to his
discharge from custody if he will secure the performance of
the contract to the satisfaction of the plaintiff. [Code 1881
§ 639; 1877 p 133 § 642; 1869 p 150 § 579; 1854 p 209 §
421; RRS § 780, part. Formerly RCW 7.44.030, part.]
7.48.085
7.48.090
7.48.100
7.48.110
7.44.040 Subrogation of surety—Rights of contractor. This proceeding may be had in favor of any surety or
other person jointly bound with the defendant. It may also
be prosecuted by the person in whose favor the contract
exists, against any one or more of the persons bound
thereby, upon filing such affidavit, when the co-contractors
are nonresidents or probably insolvent, or at the request of
any of them when they are residents and solvent. [Code
1881 § 640; 1877 p 133 § 643; 1869 p 150 § 580; 1854 p
210 § 422; RRS § 781.]
7.44.050 Habeas corpus available to defendant. The
defendant may have the same remedy by writ of habeas
corpus as in other cases of arrest and bail. [Code 1881 §
641; 1877 p 134 § 644; 1869 p 150 § 581; 1854 p 210 §
423; RRS § 782.]
7.48.120
7.48.130
7.48.140
7.48.150
7.48.155
7.48.160
7.48.170
7.48.180
7.48.190
7.48.200
7.48.210
7.48.220
7.48.230
7.48.240
7.48.250
7.48.260
7.48.270
7.48.280
7.48.300
7.48.305
7.44.060 District judges have jurisdiction. The
proceedings provided for in this chapter may be had before
district judges in all cases within their jurisdiction. [1987 c
202 § 135; 1891 c 42 § 4; Code 1881 § 642; 1877 p 134 §
644; 1869 p 150 § 582; 1854 p 210 § 424; RRS § 783.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.44.070 Venue. The affidavit and bond may be filed,
and proceedings had in any county where the defendants
may be found. [Code 1881 § 643; 1877 p 134 § 646; 1869
p 150 § 583; 1854 p 210 § 425; RRS § 784.]
Chapter 7.48
NUISANCES
Sections
7.48.010
7.48.020
7.48.030
7.48.040
7.48.050
7.48.052
(2002 Ed.)
Actionable nuisance defined.
Who may sue—Judgment for damages—Warrant for abatement—Injunction.
Issuance and execution of warrant.
Stay of issuance of warrant.
Moral nuisances—Definitions.
Moral nuisances.
7.44.030
Moral nuisance—Personal property—Effects of notice.
Abate moral nuisance—Enjoin owner.
Maintaining action to abate moral nuisance—Bond.
Moral nuisance—Jurisdiction—Filing a complaint.
Moral nuisance—Restraining order—Violations.
Moral nuisance—Hearing—Notice—Consolidation with trial.
Finding of moral nuisance—Orders.
Abatement of moral nuisance by owner—Effect on injunction.
Moral nuisance—Priority of action on calendar.
Moral nuisance—Effects of admission or finding of guilt.
Moral nuisance—Evidence of reputation—Admissibility.
Moral nuisance—Trial—Costs—Dismissal—Judgment.
Moral nuisance—Judgment—Penalties—Disposal of personal property.
Moral nuisance—Violation of injunction—Contempt of
court.
Moral nuisance—Property owner may repossess.
Moral nuisance—Contraband—Forfeitures.
Moral nuisance—Immunity of certain motion picture theatre
employees.
Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement.
Nuisance defined.
Public nuisance defined.
Public nuisances enumerated.
Private nuisance defined.
Unlawful use of firearm or deadly weapon—Arrest required.
Authorized act not a nuisance.
Successive owners liable.
Abatement does not preclude action for damages.
Nuisance does not become legal by prescription.
Remedies.
Civil action, who may maintain.
Abatement, by whom.
Public nuisance—Abatement.
Certain places of resort declared nuisances.
Penalty—Abatement.
Warrant of abatement.
Stay of warrant.
Costs of abatement.
Agricultural activities and forest practices—Legislative finding and purpose.
Agricultural activities and forest practices—Presumed reasonable and not a nuisance—Exception—Damages.
Agricultural activities and forest practices—Definitions.
Severability—Initiative Measure No. 335.
Severability—1979 c 122.
7.48.310
7.48.900
7.48.905
Nuisances
criminal: Chapter 9.66 RCW.
drug, injunctions: Chapter 7.43 RCW.
jurisdiction of superior court: State Constitution Art. 4 § 6 (Amendment
28).
7.48.010 Actionable nuisance defined. The obstruction of any highway or the closing of the channel of any
stream used for boating or rafting logs, lumber or timber, or
whatever is injurious to health or indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
essentially interfere with the comfortable enjoyment of the
life and property, is a nuisance and the subject of an action
for damages and other and further relief. [Code 1881 § 605;
1877 p 126 § 610; 1869 p 144 § 599; 1854 p 207 § 405;
RRS § 943.]
Crimes
malicious mischief: Chapter 9.61 RCW.
public nuisance: RCW 9.66.010.
7.48.020 Who may sue—Judgment for damages—
Warrant for abatement—Injunction. Such action may be
brought by any person whose property is, or whose patrons
[Title 7 RCW—page 29]
7.48.020
Title 7 RCW: Special Proceedings and Actions
or employees are, injuriously affected or whose personal
enjoyment is lessened by the nuisance. If judgment be given
for the plaintiff in such action, he or she may, in addition to
the execution to enforce the same, on motion, have an order
allowing a warrant to issue to the sheriff to abate and to
deter or prevent the resumption of such nuisance. Such
motion shall be allowed, of course, unless it appear on the
hearing that the nuisance has ceased, or that such remedy is
inadequate to abate or prevent the continuance of the
nuisance, in which latter case the plaintiff may have the
defendant enjoined. [1994 c 45 § 5; 1891 c 50 § 1; Code
1881 § 606; 1877 p 126 § 611; 1869 p 144 § 560; 1854 p
207 § 406; RRS § 944.]
Findings—Declaration—Severability—1994 c 45: See notes
following RCW 7.48.140.
7.48.030 Issuance and execution of warrant. If the
order be made, the clerk shall thereafter, at any time within
six months, when requested by the plaintiff, issue such
warrant directed to the sheriff, requiring him forthwith to
abate the nuisance at the expense of the defendant, and
return the warrant as soon thereafter as may be, with his
proceedings indorsed thereon. The expenses of abating the
nuisance may be levied by the sheriff on the property of the
defendant, and in this respect the warrant is to be deemed an
execution against property. [Code 1881 § 607; 1877 p 126
§ 612; 1869 p 145 § 561; 1854 p 207 § 407; RRS § 945.]
7.48.040 Stay of issuance of warrant. At any time
before the order is made or the warrant issues, the defendant
may, on motion to the court or judge thereof, have an order
to stay the issue of such warrant for such period as may be
necessary, not exceeding six months, to allow the defendant
to abate the nuisance himself, upon his giving bond to the
plaintiff in a sufficient amount with one or more sureties, to
the satisfaction of the court or judge thereof, that he will
abate it within the time and in the manner specified in such
order. The sureties shall justify as provided by law. If the
defendant fails to abate such nuisance within the time
specified, the warrant for the abatement of the nuisance may
issue as if the same had not been stayed. [1957 c 51 § 11;
Code 1881 § 608; 1877 p 127 § 613; 1869 p 145 § 562;
RRS § 946.]
Corporate surety—Insurance: Chapter 48.28 RCW.
7.48.050 Moral nuisances—Definitions. The
definitions set forth in this section shall apply throughout
this chapter as they relate to moral nuisances.
(1) "Knowledge" or "knowledge of such nuisance"
means having knowledge of the contents and character of the
patently offensive sexual conduct which appears in the lewd
matter, or knowledge of the acts of lewdness, assignation, or
prostitution which occur on the premises.
(2) "Lewd matter" is synonymous with "obscene matter"
and means any matter:
(a) Which the average person, applying contemporary
community standards, would find, when considered as a
whole, appeals to the prurient interest; and
(b) Which depicts or describes patently offensive
representations or descriptions of:
[Title 7 RCW—page 30]
(i) Ultimate sexual acts, normal or perverted, actual or
simulated; or
(ii) Masturbation, excretory functions, or lewd exhibition
of the genitals or genital area.
Nothing herein contained is intended to include or proscribe
any matter which, when considered as a whole, and in the
context in which it is used, possesses serious literary, artistic,
political, or scientific value.
(3) "Lewdness" shall have and include all those meanings which are assigned to it under the common law.
(4) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to or
before an audience of one or more, in person or by electronic transmission, with or without consideration.
(5) "Matter" shall mean a live performance, a motion
picture film, or a publication or any combination thereof.
(6) "Moral nuisance" means a nuisance which is
injurious to public morals.
(7) "Motion picture film" shall include any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for
exhibition;
(d) Films, glass slides, or transparencies, either in
negative or positive form, designed for exhibition by
projection on a screen;
(e) Video tape or any other medium used to electronically reproduce images on a screen.
(8) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity.
(9) "Place" includes, but is not limited to, any building,
structure, or places, or any separate part or portion thereof,
whether permanent or not, or the ground itself.
(10) "Publication" shall include any book, magazine,
article, pamphlet, writing, printing, illustration, picture, sound
recording, or a motion picture film which is offered for sale
or exhibited in a coin-operated machine.
(11) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, and
shall include, but is not limited to, any lease or rental
arrangement or other transaction wherein or whereby any
valuable consideration is received for the use of, or transfer
of possession of, lewd matter. [1990 c 152 § 1; 1979 c 1 §
1 (Initiative Measure No. 335, approved November 8, 1977);
1913 c 127 § 1; RRS § 946-1.]
Severability—1990 c 152: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 152 § 6.]
7.48.052 Moral nuisances. The following are
declared to be moral nuisances:
(1) Any and every place in the state where lewd films
are publicly exhibited as a regular course of business, or
possessed for the purpose of such exhibition, or where lewd
live performances are publicly exhibited as a regular course
of business;
(2) Any and every place in the state where a lewd film
is publicly and repeatedly exhibited, or possessed for the
purpose of such exhibition, or where a lewd live performance is publicly and repeatedly exhibited;
(2002 Ed.)
Nuisances
(3) Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a
moral nuisance under this section;
(4) Any and every place of business in the state in
which lewd publications constitute a principal part of the
stock in trade;
(5) Any and every lewd publication possessed at a place
which is a moral nuisance under this section;
(6) Every place which, as a regular course of business,
is used for the purpose of lewdness, assignation, or prostitution, and every such place in or upon which acts of lewdness, assignation, or prostitution are conducted, permitted,
carried on, continued, or exist;
(7) All public houses or places of resort where illegal
gambling is carried on or permitted; all houses or places
within any city, town, or village, or upon any public road, or
highway where drunkenness, illegal gambling, fighting, or
breaches of the peace are carried on or permitted; all houses,
housing units, other buildings, or places of resort where
controlled substances identified in Article II of chapter 69.50
RCW and not authorized by that chapter, are manufactured,
delivered or possessed, or where any such substance not obtained in a manner authorized by chapter 69.50 RCW is
consumed by ingestion, inhalation, injection or any other
means. [1990 c 152 § 2; 1988 c 141 § 1; 1979 c 1 § 2 (Initiative Measure No. 335, approved November 8, 1977).]
Severability—1990 c 152: See note following RCW 7.48.050.
Severability—1988 c 141: See RCW 7.43.900.
7.48.054 Moral nuisance—Personal property—
Effects of notice. The following are also declared to be
moral nuisances, as personal property used in conducting and
maintaining a moral nuisance:
(1) All moneys paid as admission price to the exhibition
of any lewd film or lewd live performance found to be a
moral nuisance;
(2) All valuable consideration received for the sale of
any lewd publication which is found to be a moral nuisance;
(3) The furniture, fixtures, and contents of a place which
is a moral nuisance.
From and after service of a copy of the notice of
hearing of the application for a preliminary injunction,
provided for in RCW 7.48.064, upon the place or its
manager, acting manager, or person then in charge, all such
persons are deemed to have knowledge of the acts, conditions, or things which make such place a moral nuisance.
Where the circumstantial proof warrants a determination that
a person had knowledge of the moral nuisance prior to such
service of process, the court shall make such finding. [1990
c 152 § 3; 1979 c 1 § 3 (Initiative Measure No. 335,
approved November 8, 1977).]
Severability—1990 c 152: See note following RCW 7.48.050.
7.48.056 Abate moral nuisance—Enjoin owner. In
addition to any other remedy provided by law, any act,
occupation, structure, or thing which is a moral nuisance
may be abated, and the person doing such act or engaged in
such occupation, and the owner and agent of the owner of
any such structure or thing, may be enjoined as provided in
this chapter. [1979 c 1 § 4 (Initiative Measure No. 335, approved November 8, 1977).]
(2002 Ed.)
7.48.052
7.48.058 Maintaining action to abate moral nuisance—Bond. The attorney general, prosecuting attorney,
city attorney, city prosecutor, or any citizen of the county
may maintain an action of an equitable nature in the name
of the state of Washington upon the relation of such attorney
general, prosecuting attorney, city attorney, city prosecutor,
or citizen, to abate a moral nuisance, to perpetually enjoin all
persons from maintaining the same, and to enjoin the use of
any structure or thing adjudged to be a moral nuisance.
If such action is instituted by a private person, the
complainant shall execute a bond to the person against
whom complaint is made, with good and sufficient surety to
be approved by the court or clerk thereof, in the sum of not
less than five hundred dollars, to secure to the party enjoined
the damages he may sustain if such action is wrongfully
brought, and the court finds there was no reasonable grounds
or cause for said action and the case is dismissed for that
reason before trial or for want of prosecution. No bond shall
be required of the attorney general, prosecuting attorney, city
attorney, or city prosecutor, and no action shall be maintained against such public official for his official action
when brought in good faith. [1979 c 1 § 5 (Initiative
Measure No. 335, approved November 8, 1977).]
7.48.060 Moral nuisance—Jurisdiction—Filing a
complaint. The action provided for in RCW 7.48.058 shall
be brought in any court of competent jurisdiction in the
county in which the property is located. Such action shall be
commenced by the filing of a verified complaint alleging the
facts constituting the nuisance. After the filing of said
complaint, application for a temporary injunction may be
made to the court in which the action is filed, or to a judge
thereof, who shall grant a hearing within ten days after the
filing. [1979 c 1 § 6 (Initiative Measure No. 335, approved
November 8, 1977); 1913 c 127 § 2; RRS § 946-2.]
7.48.062 Moral nuisance—Restraining order—
Violations. Where such application for a temporary injunction is made, the court or judge thereof may, on application
of the complainant showing good cause, issue an ex parte restraining order, restraining the defendant and all other
persons from removing or in any manner interfering with the
personal property and contents of the place where such
nuisance is alleged to exist, until the decision of the court or
judge granting or refusing such temporary injunction and
until the further order of the court thereon, except that
pending such decision, the stock in trade may not be so
restrained, but an inventory and full accounting of all
business transactions may be required.
The restraining order may be served by handing to and
leaving a copy of such order with any person in charge of
such place or residing therein, or by posting a copy thereof
in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such
delivery and posting. The officer serving such restraining
order shall forthwith make and return into court an inventory
of the personal property and contents situated in and used in
conducting or maintaining such nuisance.
Any violation of such restraining order is a contempt of
court, and where such order is posted, mutilation or removal
thereof while the same remains in force is a contempt of
[Title 7 RCW—page 31]
7.48.062
Title 7 RCW: Special Proceedings and Actions
court if such posted order contains therein a notice to that
effect. [1979 c 1 § 7 (Initiative Measure No. 335, approved
November 8, 1977).]
7.48.064 Moral nuisance—Hearing—Notice—
Consolidation with trial. A copy of the complaint, together
with a notice of the time and place of the hearing of the
application for a temporary injunction, shall be served upon
the defendant at least three days before such hearing. The
place may also be served by posting such papers in the same
manner as is provided for in RCW 7.48.062 in the case of a
restraining order. If the hearing is then continued at the
instance of any defendant, the temporary writ as prayed shall
be granted as a matter of course.
Before or after the commencement of the hearing of an
application for a temporary injunction, the court, on application of either of the parties or on its own motion, may order
the trial of the action on the merits to be advanced and
consolidated with the hearing on the application for the
temporary injunction. Any evidence received upon an
application for a temporary injunction which would be
admissible in the trial on the merits becomes a part of the
record of the trial and need not be repeated as to such parties
at the trial on the merits. [1979 c 1 § 8 (Initiative Measure
No. 335, approved November 8, 1977).]
7.48.066 Finding of moral nuisance—Orders. If
upon hearing, the allegations of the complaint are sustained
to the satisfaction of the court or judge, the court or judge
shall issue a temporary injunction without additional bond,
restraining the defendant and any other person from continuing the nuisance.
If at the time the temporary injunction is granted, it
further appears that the person owning, in control of, or in
charge of the nuisance so enjoined had received three days
notice of the hearing, then the court shall declare a temporary forfeiture of the use of the real property upon which
such public nuisance is located and the personal property
located therein, and shall forthwith issue an order closing
such place against its use for any purpose until a final decision is rendered on the application for a permanent injunction, unless:
(1) The person owning, in control of, or in charge of
such nuisance shows to the satisfaction of the court or judge,
by competent and admissible evidence which is subject to
cross-examination, that the nuisance complained of has been
abated by such person; or
(2) The owner of such property, as a "good faith" lessor,
has taken action to void said lease as is authorized by RCW
7.48.085.
Such order shall also continue in effect for such further
period as the order authorized in RCW 7.48.062 provides.
If no order has been issued pursuant to RCW 7.48.062, then
an order restraining the removal or interference with the
personal property and contents located therein shall be
issued. Such restraining order shall be served and the
inventory of such property shall be made and filed as
provided for in RCW 7.48.062.
Such order shall also require such persons to show
cause within thirty days why such closing order should not
be made permanent, as provided for in RCW 7.48.078.
[Title 7 RCW—page 32]
[1979 c 1 § 9 (Initiative Measure No. 335, approved November 8, 1977).]
7.48.068 Abatement of moral nuisance by owner—
Effect on injunction. The owner of any real or personal
property to be closed or restrained, or which has been closed
or restrained, may appear after the filing of the complaint
and before the hearing on the application for a permanent
injunction.
The court, if satisfied of the good faith of the owner of
the real property and of the innocence on the part of any
owner of the personal property of any knowledge of its use
as a nuisance, and that with reasonable care and diligence
such owner could not have known thereof shall, at the time
of the hearing on the application for the temporary injunction
and upon payment of all costs incurred and upon the filing
of a bond by the owner of the real property with sureties to
be approved by the clerk in the full value of the property to
be ascertained by the court, conditioned that such owner will
immediately abate the nuisance and prevent the same from
being established or kept, refrain from issuing any order
closing such real property or restraining the removal or
interference with such personal property, and, if such
temporary injunction has already been issued, shall cancel
said order and shall deliver such real or personal property,
or both, to the respective owners thereof. The release of any
real or personal property under this section shall not release
it from any judgment, lien, penalty, or liability to which it
may be subjected by law. [1979 c 1 § 10 (Initiative Measure No. 335, approved November 8, 1977).]
Voluntary abatement: RCW 7.48.110.
7.48.070 Moral nuisance—Priority of action on
calendar. The action provided for in RCW 7.48.058 shall
be set down for trial at the first term of the court and shall
have precedence over all other cases except crimes, election
contests, or injunctions. [1979 c 1 § 11 (Initiative Measure
No. 335, approved November 8, 1977); 1913 c 127 § 3;
RRS § 946-3.]
7.48.072 Moral nuisance—Effects of admission or
finding of guilt. In such action, an admission or finding of
guilty of any person under the criminal laws against lewdness, prostitution, or assignation at any such place is admissible for the purpose of proving the existence of such
nuisance, and is prima facie evidence of such nuisance and
of knowledge of, and of acquiescence and participation
therein, on the part of the person charged with maintaining
such nuisance. [1979 c 1 § 12 (Initiative Measure No. 335,
approved November 8, 1977).]
7.48.074 Moral nuisance—Evidence of reputation—
Admissibility. At all hearings upon the merits, evidence of
the general reputation of the building or place constituting
the alleged nuisance, of the inmates thereof, and of those
resorting thereto, is admissible for the purpose of proving the
existence of such nuisance. [1979 c 1 § 13 (Initiative
Measure No. 335, approved November 8, 1977).]
(2002 Ed.)
Nuisances
7.48.076
7.48.076 Moral nuisance—Trial—Costs—
Dismissal—Judgment. If the action is brought by a person
who is a citizen of the county, and the court finds that there
were no reasonable grounds or probable cause for bringing
said action, and the case is dismissed before trial for that
reason or for want of prosecution, the costs, including
attorney’s fees, may be taxed to such person.
If the existence of the nuisance is established upon the
trial, a judgment shall be entered which shall perpetually
enjoin the defendant and any other person from further
maintaining the nuisance at the place complained of, and the
defendant from maintaining such nuisance elsewhere. The
entire expenses of such abatement, including attorney’s fees,
shall be recoverable by the plaintiff as a part of his costs of
the lawsuit.
If the complaint is filed by a person who is a citizen of
the county, it shall not be dismissed except upon a sworn
statement by the complainant and his attorney, setting forth
the reason why the action should be dismissed and the
dismissal approved by the prosecuting attorney in writing or
in open court. If the judge is of the opinion that the action
should not be dismissed, he may direct the prosecuting
attorney to prosecute said action to judgment at the expense
of the county, and if the action is continued for more than
one term of court, any person who is a citizen of the county
or has an office therein, or the attorney general, the prosecuting attorney, city attorney, or city prosecutor, may be
substituted for the complainant and prosecute said action to
judgment. [1979 c 1 § 14 (Initiative Measure No. 335,
approved November 8, 1977).]
effectual closing of the place against its use for any purpose
and keeping it closed for a period of one year unless sooner
released.
The owner of any place closed and not released under
bond may then appear and obtain such release in the manner
and upon fulfilling the requirements provided in RCW
7.48.068.
Owners of unsold personal property and contents so
seized must appear and claim the same within ten days after
such order of abatement is made, and prove innocence to the
satisfaction of the court of any knowledge of such use
thereof, and that with reasonable care and diligence they
could not have known thereof. If such innocence is established, such unsold personal property and contents shall be
delivered to the owner, otherwise it shall be sold as provided
in this section. For removing and selling the personal property and contents, the officer shall be entitled to charge and
receive the same fees as he would for levying upon and
selling like property on execution; and for closing the place
and keeping it closed, a reasonable sum shall be allowed by
the court. [1979 c 1 § 15 (Initiative Measure No. 335,
approved November 8, 1977).]
7.48.078 Moral nuisance—Judgment—Penalties—
Disposal of personal property. If the existence of a
nuisance is admitted or established in an action as provided
for in RCW 7.48.058 or in a criminal proceeding, an order
of abatement shall be entered as a part of the judgment in
the case, which order shall direct the removal from the place
of all personal property and contents used in conducting the
nuisance and not already released under authority of the
court as provided for in RCW 7.48.066 and 7.48.068, and
shall direct the sale of such thereof as belong to the defendants notified or appearing, in the manner provided for the
sale of chattels under execution. Lewd matter shall be
destroyed and shall not be sold.
Such judgment shall impose a penalty of three hundred
dollars for the maintenance of such nuisance, which penalty
shall be imposed against the person or persons found to have
maintained the nuisance, and, in case any owner or agent of
the building found to have had actual or constructive notice
of the maintenance of such nuisance, against such owner or
agent, and against the building kept or used for the purposes
of maintaining a moral nuisance, which penalty shall be
collected by execution as in civil actions, and when collected, shall be paid into the current expense fund of the county
in which the judgment is had.
Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property, as
provided in RCW 7.48.068 or, if not so furnished, shall
continue for one year any closing order issued at the time of
granting the temporary injunction, or, if no such closing
order was then issued, shall include an order directing the
7.48.085 Moral nuisance—Property owner may
repossess. If a tenant or occupant of a building or tenement,
under a lawful title, uses such place for the purposes of
maintaining a moral nuisance, such use makes void at the
option of the owner the lease or other title under which he
holds, and without any act of the owner causes the right of
possession to revert and vest in such owner, who may
without process of law make immediate entry upon the
premises. [1979 c 1 § 17 (Initiative Measure No. 335, approved November 8, 1977).]
(2002 Ed.)
7.48.080 Moral nuisance—Violation of injunction—
Contempt of court. A violation of any injunction granted
under RCW 7.48.050 through 7.48.100 is a contempt of
court as provided in chapter 7.21 RCW. [1989 c 373 § 11;
1979 c 1 § 16 (Initiative Measure No. 335, approved
November 8, 1977); 1913 c 127 § 4; RRS § 946-4.]
Severability—1989 c 373: See RCW 7.21.900.
7.48.090 Moral nuisance—Contraband—
Forfeitures. Lewd matter is contraband, and there are no
property rights therein. All personal property declared to be
a moral nuisance in RCW 7.48.052 and 7.48.054 and all
moneys and other consideration declared to be a moral
nuisance under RCW 7.48.056 are the subject of forfeiture
to the local government and are recoverable as damages in
the county wherein such matter is sold, exhibited, or otherwise used. Such moneys may be traced to and shall be
recoverable from persons who, under RCW 7.48.064, have
knowledge of the nuisance at the time such moneys are
received by them.
Upon judgment against the defendants in legal proceedings brought pursuant to RCW 7.48.050 through 7.48.100 as
now or hereafter amended, an accounting shall be made by
such defendant or defendants of all moneys received by them
which have been declared to be a public nuisance under this
section. An amount equal to the sum of all moneys estimated to have been taken in as gross income from such unlaw[Title 7 RCW—page 33]
7.48.090
Title 7 RCW: Special Proceedings and Actions
ful commercial activity shall be forfeited to the general funds
of the city and county governments wherein such matter is
sold or exhibited, to be shared equally, as a forfeiture of the
fruits of an unlawful enterprise and as partial restitution for
damages done to the public welfare, public health, and
public morals.
Where the action is brought pursuant to RCW 7.48.050
through 7.48.100 as now or hereafter amended, special injury
need not be proven, and the costs of abatement are a lien on
both the real and personal property used in maintaining the
nuisance. Costs of abatement include, but are not limited to
the following:
(1) Investigative costs;
(2) Court costs;
(3) Reasonable attorney’s fees arising out of the
preparation for and trial of the cause, appeals therefrom, and
other costs allowed on appeal;
(4) Printing costs of trial and appellate briefs, and all
other papers filed in such proceedings. [1979 c 1 § 18
(Initiative Measure No. 335, approved November 8, 1977);
1927 c 94 § 1; 1913 c 127 § 5; RRS § 946-5.]
7.48.100 Moral nuisance—Immunity of certain
motion picture theatre employees. The provisions of any
criminal statutes with respect to the exhibition of, or the
possession with the intent to exhibit, any obscene film shall
not apply to a motion picture projectionist, usher, or ticket
taker acting within the scope of his employment, if such
projectionist, usher, or ticket taker (1) has no financial
interest in the place wherein he is so employed, other than
his salary, and (2) freely and willingly gives testimony
regarding such employment in any judicial proceedings
brought under RCW 7.48.050 through 7.48.100 as now or
hereafter amended, including pretrial discovery proceedings
incident thereto, when and if such is requested, and upon
being granted immunity by the trial judge sitting in such
matters. [1979 c 1 § 19 (Initiative Measure No. 335, approved November 8, 1977); 1927 c 94 § 2; 1913 c 127 § 6;
RRS § 946-6.]
7.48.110 Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement. If the
owner of the building in which a nuisance is found to be
maintained, appears and pays all costs of the proceeding, and
files a bond with sureties to be approved by the clerk in the
full value of the property to be ascertained by the court,
conditioned that he will immediately abate said nuisance and
prevent the same from being established or kept therein
within a period of one year thereafter, the court or judge
may, if satisfied of his good faith, order the premises, closed
under the order of abatement, to be delivered to said owner,
and said order closing the building canceled. The release of
the property under the provisions of this section shall not
release it from any judgment, lien, penalty or liability to
which it may be subject by law. [1927 c 94 § 3; 1913 c 127
§ 7; RRS § 946-7.]
7.48.120 Nuisance defined. Nuisance consists in
unlawfully doing an act, or omitting to perform a duty,
which act or omission either annoys, injures or endangers the
comfort, repose, health or safety of others, offends decency,
[Title 7 RCW—page 34]
or unlawfully interferes with, obstructs or tends to obstruct,
or render dangerous for passage, any lake or navigable river,
bay, stream, canal or basin, or any public park, square, street
or highway; or in any way renders other persons insecure in
life, or in the use of property. [Code 1881 § 1235; 1875 p
79 § 1; RRS § 9914.]
Crimes
malicious mischief: Chapter 9.61 RCW.
nuisances: Chapter 9.66 RCW.
7.48.130 Public nuisance defined. A public nuisance
is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may
be unequal. [Code 1881 § 1236; 1875 p 79 § 2; RRS §
9912.]
Crimes, nuisances: Chapter 9.66 RCW.
7.48.140 Public nuisances enumerated. It is a public
nuisance:
(1) To cause or suffer the carcass of any animal or any
offal, filth, or noisome substance to be collected, deposited,
or to remain in any place to the prejudice of others;
(2) To throw or deposit any offal or other offensive
matter, or the carcass of any dead animal, in any watercourse, stream, lake, pond, spring, well, or common sewer,
street, or public highway, or in any manner to corrupt or
render unwholesome or impure the water of any such spring,
stream, pond, lake, or well, to the injury or prejudice of
others;
(3) To obstruct or impede, without legal authority, the
passage of any river, harbor, or collection of water;
(4) To obstruct or encroach upon public highway,
private ways, streets, alleys, commons, landing places, and
ways to burying places or to unlawfully obstruct or impede
the flow of municipal transit vehicles as defined in RCW
46.04.355 or passenger traffic, access to municipal transit
vehicles or stations as defined in *RCW 9.91.025(2)(a), or
otherwise interfere with the provision or use of public transportation services, or obstruct or impede a municipal transit
driver, operator, or supervisor in the performance of that
individual’s duties;
(5) To carry on the business of manufacturing gun
powder, nitroglycerine, or other highly explosive substance,
or mixing or grinding the materials therefor, in any building
within fifty rods of any valuable building erected at the time
such business may be commenced;
(6) To establish powder magazines near incorporated
cities or towns, at a point different from that appointed by
the corporate authorities of such city or town; or within fifty
rods of any occupied dwelling house;
(7) To erect, continue, or use any building, or other
place, for the exercise of any trade, employment, or manufacture, which, by occasioning obnoxious exhalations,
offensive smells, or otherwise is offensive or dangerous to
the health of individuals or of the public;
(8) To suffer or maintain on one’s own premises, or
upon the premises of another, or to permit to be maintained
on one’s own premises, any place where wines, spirituous,
fermented, malt, or other intoxicating liquors are kept for
sale or disposal to the public in contravention of law;
(2002 Ed.)
Nuisances
(9) For an owner or occupier of land, knowing of the
existence of a well, septic tank, cesspool, or other hole or
excavation ten inches or more in width at the top and four
feet or more in depth, to fail to cover, fence or fill the same,
or provide other proper and adequate safeguards: PROVIDED, That this section shall not apply to a hole one hundred
square feet or more in area or one that is open, apparent, and
obvious.
Every person who has the care, government, management, or control of any building, structure, powder magazine,
or any other place mentioned in this section shall, for the
purposes of this section, be taken and deemed to be the
owner or agent of the owner or owners of such building,
structure, powder magazine or other place, and, as such, may
be proceeded against for erecting, contriving, causing,
continuing, or maintaining such nuisance. [1994 c 45 § 2;
1955 c 237 § 1; 1895 c 14 § 1; Code 1881 § 1246; RRS §
9913.]
*Reviser’s note: The reference to RCW 9.91.025(2)(a) appears to be
erroneous. Reference to RCW 9.91.025(2) was apparently intended.
Findings—Declaration—1994 c 45: "The legislature finds that it is
important to the general welfare to protect and preserve public safety in the
operation of public transportation facilities and vehicles, in order to protect
the personal safety of both passengers and employees. The legislature
further finds that public transportation facilities and services will be utilized
more fully by the general public if they are assured of personal safety and
security in the utilization.
The legislature recognizes that cities, towns, counties, public
transportation benefit areas, and other municipalities that offer public
transportation services have the independent authority to adopt regulations,
rules, and guidelines that regulate conduct in public transportation vehicles
and facilities to protect and preserve the public safety in the operation of the
vehicles and facilities. The legislature finds that this act is not intended to
limit the independent authority to regulate conduct by these municipalities.
The legislature, however, further finds that this act is necessary to provide
statewide guidelines that regulate conduct in public transportation vehicles
and facilities to further enhance the independent regulatory authority of
cities, towns, counties, public transportation benefit areas, and any other
municipalities that offer public transportation services." [1994 c 45 § 1.]
Severability—1994 c 45: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 45 § 6.]
Crimes
malicious mischief: Chapter 9.61 RCW.
nuisance: Chapter 9.66 RCW.
Devices simulating traffic control signs declared public nuisance: RCW
47.36.180.
7.48.150 Private nuisance defined. Every nuisance
not included in the definition of RCW 7.48.130 is private.
[Code 1881 § 1237; 1875 p 79 § 3; RRS § 9915.]
7.48.155 Unlawful use of firearm or deadly weapon—Arrest required. The unlawful use of a firearm or
other deadly weapon by a person in, or adjacent to his or her
dwelling, that imminently threatens the physical safety of
other people in the adjacent area, so as to essentially
interfere with the comfortable enjoyment of their residences,
is a nuisance and may be abated, and the person who unlawfully used the firearm or deadly weapon is subject to the
punishment provided in this chapter. This section does not
apply unless the person who unlawfully used the firearm or
other deadly weapon is arrested for this activity. [1992 c 38
§ 10.]
(2002 Ed.)
7.48.140
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
7.48.160 Authorized act not a nuisance. Nothing
which is done or maintained under the express authority of
a statute, can be deemed a nuisance. [Code 1881 § 1238;
1875 p 79 § 4; RRS § 9916.]
7.48.170 Successive owners liable. Every successive
owner of property who neglects to abate a continuing
nuisance upon, or in the use of such property caused by a
former owner, is liable therefor in the same manner as the
one who first created it. [Code 1881 § 1239; 1875 p 79 §
5; RRS § 9917.]
7.48.180 Abatement does not preclude action for
damages. The abatement of a nuisance does not prejudice
the right of any person to recover damages for its past
existence. [Code 1881 § 1240; 1875 p 79 § 6; RRS § 9918.]
7.48.190 Nuisance does not become legal by prescription. No lapse of time can legalize a public nuisance,
amounting to an actual obstruction of public right. [Code
1881 § 1241; 1875 p 80 § 7; RRS § 9919.]
7.48.200 Remedies. The remedies against a public
nuisance are: Indictment or information, a civil action, or
abatement. The remedy by indictment or information shall
be as regulated and prescribed in this chapter. When a civil
action for damage is resorted to, the practice shall conform
to RCW 7.48.010 through 7.48.040. [1957 c 51 § 12; Code
1881 § 1242; 1875 p 80 § 8; RRS § 9920.]
7.48.210 Civil action, who may maintain. A private
person may maintain a civil action for a public nuisance, if
it is specially injurious to himself but not otherwise. [Code
1881 § 1243; 1875 p 80 § 9; RRS § 9921.]
7.48.220 Abatement, by whom. A public nuisance
may be abated by any public body or officer authorized
thereto by law. [Code 1881 § 1244; 1875 p 80 § 10; RRS
§ 9922.]
7.48.230 Public nuisance—Abatement. Any person
may abate a public nuisance which is specially injurious to
him by removing, or if necessary, destroying the thing which
constitutes the same, without committing a breach of the
peace, or doing unnecessary injury. [Code 1881 § 1245;
1875 p 80 § 11; RRS § 9923.]
7.48.240 Certain places of resort declared nuisances. Houses of ill fame, kept for the purpose, where persons
are employed for purposes of prostitution; all public houses
or places of resort where gambling is carried on, or permitted; all houses or places within any city, town, or village, or
upon any public road, or highway where drunkenness,
gambling, fighting or breaches of the peace are carried on,
or permitted; all opium dens, or houses, or places of resort
where opium smoking is permitted, are nuisances, and may
be abated, and the owners, keepers, or persons in charge
[Title 7 RCW—page 35]
7.48.240
Title 7 RCW: Special Proceedings and Actions
thereof, and persons carrying on such unlawful business shall
be punished as provided in this chapter. [1973 1st ex.s. c
154 § 18; Code 1881 § 1247; 1875 p 81 § 13; RRS § 9924.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
7.48.250 Penalty—Abatement. Whoever is convicted
of erecting, causing or contriving a public or common
nuisance as described in this chapter, or at common law,
when the same has not been modified or repealed by statute,
where no other punishment therefor is specially provided,
shall be punished by a fine not exceeding one thousand
dollars, and the court with or without such fine, may order
such nuisance to be abated, and issue a warrant as hereinafter provided: PROVIDED, That orders and warrants of
abatement shall not be issued by district judges. [1987 c 202
§ 136; 1957 c 45 § 1; Code 1881 § 1248; 1875 p 81 § 14;
RRS § 9925.]
and if any of the proceeds remain after satisfying the
expense of the removal, such balance must be paid by the
officer to the defendant or to the owner of the property
levied upon, and if said proceeds are not sufficient to pay
such expenses, the officer must collect the residue thereof.
[Code 1881 § 1252; 1875 p 82 § 18; RRS § 9928.]
7.48.300 Agricultural activities and forest practices—Legislative finding and purpose. The legislature finds
that agricultural activities conducted on farmland and forest
practices in urbanizing areas are often subjected to nuisance
lawsuits, and that such suits encourage and even force the
premature removal of the lands from agricultural uses and
timber production. It is therefore the purpose of RCW
7.48.300 through 7.48.310 and 7.48.905 to provide that
agricultural activities conducted on farmland and forest practices be protected from nuisance lawsuits. [1992 c 52 § 2;
1979 c 122 § 1.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.48.260 Warrant of abatement. When, upon
indictment or information, complaint or action, any person
is adjudged guilty of a nuisance, if it be in superior court the
court may in addition to the fine imposed, if any, or to the
judgment for damages or costs, for which a separate execution may issue, order that such nuisance be abated, or
removed at the expense of the defendant, and after inquiry
into and estimating, as nearly as may be, the sum necessary
to defray the expenses of such abatement, the court may
issue a warrant therefor: PROVIDED, That if the conviction
was had in a district court, the district judge shall not issue
the order and warrant of abatement, but on application
therefor, shall transfer the cause to the superior court which
shall proceed to try the issue of abatement in the same
manner as if the action had been originally commenced
therein. [1987 c 202 § 137; 1957 c 45 § 2; Code 1881 §
1249; 1875 p 81 § 15; RRS § 9926, part. FORMER PARTS
OF SECTION: Code 1881 § 1250; 1875 p 81 § 16.]
Intent—1987 c 202: See note following RCW 2.04.190.
7.48.270 Stay of warrant. Instead of issuing such
warrant, the court may order the same to be stayed upon
motion of the defendant, and upon his entering into a bond
in such sum and with such surety as the court may direct to
the state, conditioned either that the defendant will discontinue said nuisance, or that within a time limited by the court,
and not exceeding six months, he will cause the same to be
abated and removed, as either is directed by the court, and
upon his default to perform the condition of his bond, the
same shall be forfeited, and the court, upon being satisfied
of such default, may order such warrant forthwith to issue,
and an order to show cause why judgment should not be
entered against the sureties of said bond. [1957 c 45 § 3;
Code 1881 § 1251; 1875 p 81 § 17; RRS § 9927.]
7.48.280 Costs of abatement. The expense of abating
a nuisance, by virtue of a warrant, can be collected by the
officer in the same manner as damages and costs are
collected on execution, except that the materials of any
buildings, fences, or other things that may be removed as a
nuisance, may be first levied upon and sold by the officer,
[Title 7 RCW—page 36]
7.48.305 Agricultural activities and forest practices—Presumed reasonable and not a nuisance—
Exception—Damages. Notwithstanding any other provision
of this chapter, agricultural activities conducted on farmland
and forest practices, if consistent with good agricultural and
forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be
reasonable and shall not be found to constitute a nuisance
unless the activity has a substantial adverse effect on the
public health and safety.
If those agricultural activities and forest practices are
undertaken in conformity with all applicable laws and rules,
the activities are presumed to be good agricultural and forest
practices not adversely affecting the public health and safety
for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules
shall not be restricted as to the hours of the day or day or
days of the week during which it may be conducted.
Nothing in this section shall affect or impair any right
to sue for damages. [1992 c 151 § 1; 1992 c 52 § 3; 1979
c 122 § 2.]
Reviser’s note: This section was amended by 1992 c 52 § 3 and by
1992 c 151 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
7.48.310 Agricultural activities and forest practices—Definitions. As used in RCW 7.48.305:
(1) "Agricultural activity" means a condition or activity
which occurs on a farm in connection with the commercial
production of farm products and includes, but is not limited
to, marketed produce at roadside stands or farm markets;
noise; odors; dust; fumes; operation of machinery and
irrigation pumps; movement, including, but not limited to,
use of current county road ditches, streams, rivers, canals,
and drains, and use of water for agricultural activities;
ground and aerial application of seed, fertilizers, conditioners, and plant protection products; employment and use of
labor; roadway movement of equipment and livestock;
protection from damage by wildlife; prevention of trespass;
construction and maintenance of buildings, fences, roads,
bridges, ponds, drains, waterways, and similar features and
(2002 Ed.)
Nuisances
maintenance of streambanks and watercourses; and conversion from one agricultural activity to another.
(2) "Farm" means the land, buildings, freshwater ponds,
freshwater culturing and growing facilities, and machinery
used in the commercial production of farm products.
(3) "Farmland" means land or freshwater ponds devoted
primarily to the production, for commercial purposes, of
livestock, freshwater aquacultural, or other agricultural
commodities.
(4) "Farm product" means those plants and animals
useful to humans and includes, but is not limited to, forages
and sod crops, dairy and dairy products, poultry and poultry
products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses,
trees, freshwater fish and fish products, apiaries, equine and
other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
(5) "Forest practice" means "forest practice" as defined
in RCW 76.09.020. [1992 c 52 § 4; 1991 c 317 § 2; 1979
c 122 § 3.]
7.48.900 Severability—Initiative Measure No. 335.
If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected. [1979 c 1 §
20 (Initiative Measure No. 335, approved November 8,
1977).]
7.48.905 Severability—1979 c 122. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 122 § 4.]
Chapter 7.48A
MORAL NUISANCES
Sections
7.48A.010
7.48A.020
7.48A.030
7.48A.040
7.48A.050
7.48A.060
7.48A.070
7.48A.080
7.48A.090
Definitions.
Moral nuisances—Declaration of.
Civil actions—Who may bring.
Maintenance of moral nuisance—Fine—Maximum.
Fines—Payment.
Exceptions to application of chapter.
Findings.
Temporary injunction.
Restraining order—Service—Violation of order or injunction.
7.48A.100 When bond or security not required.
7.48A.110 Hearing—Service of notice.
7.48A.120 Production of discovery materials—Temporary injunction.
7.48A.130 Precedence of hearing on injunction.
7.48A.140 Violation of order or injunction—Penalties.
7.48A.900 Severability—1982 c 184.
7.48A.901 Severability—1989 c 70.
Drug nuisances—Injunctions: Chapter 7.43 RCW.
7.48A.010 Definitions. The definitions set forth in
this section shall apply throughout this chapter.
(1) "Knowledge" or "knowledge of such nuisance"
means having knowledge of the contents and character of the
patently offensive sexual or violent conduct which appears
7.48.310
in the lewd matter, or knowledge of the acts of lewdness or
prostitution which occur on the premises, or knowledge that
controlled substances identified in Article II of chapter 69.50
RCW and not authorized by that chapter, are manufactured,
delivered or possessed, or where any such substance not
obtained in a manner authorized by chapter 69.50 RCW is
consumed by ingestion, inhalation, or injection or any other
means.
(2) "Lewd matter" is synonymous with "obscene matter"
and means any matter:
(a) Which the average person, applying contemporary
community standards, would find, when considered as a
whole, appeals to the prurient interest; and
(b) Which explicitly depicts or describes patently
offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or
simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality,
excretory functions, or lewd exhibition of the genitals or
genital area; or
(iii) Violent or destructive sexual acts, including but not
limited to human or animal mutilation, dismemberment, rape
or torture; and
(c) Which, when considered as a whole, and in the
context in which it is used, lacks serious literary, artistic,
political, or scientific value.
(3) "Lewdness" shall have and include all those meanings which are assigned to it under the common law.
(4) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to or
before an audience of one or more, in person or by electronic transmission, with or without consideration.
(5) "Matter" shall mean a live performance, a motion
picture film, or a publication or any combination thereof.
(6) "Motion picture film" shall include any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for
exhibition;
(d) Film, glass slides, or transparencies, either in
negative or positive form, designed for exhibition by
projection on a screen;
(e) Video tape or any other medium used to electronically reproduce images on a screen.
(7) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity.
(8) "Place" includes, but is not limited to, any building,
structure, or places, or any separate part or portion thereof,
whether permanent or not, or the ground itself.
(9) "Prurient" means that which incites lasciviousness or
lust.
(10) "Publication" shall include any book, magazine,
article, pamphlet, writing, printing, illustration, picture, sound
recording, or coin-operated machine.
(11) "Sale" means a passing of title or right of possession from a seller to a buyer for valuable consideration, and
shall include, but is not limited to, any lease or rental
arrangement or other transaction wherein or whereby any
valuable consideration is received for the use of, or transfer
of possession of, lewd matter. [1990 c 152 § 4; 1988 c 141
§ 2; 1982 c 184 § 1.]
Severability—1990 c 152: See note following RCW 7.48.050.
(2002 Ed.)
[Title 7 RCW—page 37]
7.48A.010
Title 7 RCW: Special Proceedings and Actions
Severability—1988 c 141: See RCW 7.43.900.
7.48A.020 Moral nuisances—Declaration of. The
following are declared to be moral nuisances:
(1) Any and every place in the state where lewd films
are publicly exhibited as a regular course of business, or
possessed for the purpose of such exhibition, or where lewd
live performances are publicly exhibited as a regular course
of business;
(2) Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a
moral nuisance under this section;
(3) Any and every place of business in the state in
which lewd publications constitute a principal part of the
stock in trade;
(4) Every place which, as a regular course of business,
is used for the purpose of lewdness or prostitution, and every
such place in or upon which acts of lewdness or prostitution
are conducted, permitted, carried on, continued, or exist;
(5) All houses, housing units, other buildings, or places
of resort where controlled substances identified in Article II
of chapter 69.50 RCW and not authorized by that chapter,
are manufactured, delivered, or possessed, or where any such
substance not obtained in a manner authorized by chapter
69.50 RCW is consumed by ingestion, inhalation, injection,
or any other means. [1990 c 152 § 5; 1988 c 141 § 3; 1982
c 184 § 2.]
Severability—1990 c 152: See note following RCW 7.48.050.
Severability—1988 c 141: See RCW 7.43.900.
7.48A.030 Civil actions—Who may bring. Any of
the following parties may bring a civil action in the superior
court of any county where a moral nuisance is alleged to
have been maintained:
(1) The prosecuting attorney for the county where the
alleged moral nuisance is located;
(2) The city attorney for the city where the alleged
moral nuisance is located; or
(3) The attorney general.
The rules of evidence, burden of proof, and all other
rules of court shall be the court rules generally applicable to
civil cases in this state: PROVIDED, That the standard of
proof on the issue of obscenity shall be clear, cogent, and
convincing evidence. [1982 c 184 § 3.]
7.48A.040 Maintenance of moral nuisance—Fine—
Maximum. (1) No person shall with knowledge maintain a
moral nuisance.
(2) Upon a determination that a defendant has with
knowledge maintained a moral nuisance, the court shall
impose a civil fine and judgment of an amount as the court
shall determine to be appropriate. In imposing the civil fine,
the court shall consider the wilfulness of the defendant’s
conduct and the profits made by the defendant attributable to
the lewd matter, lewdness, or prostitution, whichever is
applicable. In no event shall the civil fine exceed the greater
of twenty-five thousand dollars or these profits. [1985 c 235
§ 1; 1982 c 184 § 4.]
Severability—1985 c 235: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 235 § 4.]
[Title 7 RCW—page 38]
7.48A.050 Fines—Payment. All civil fines assessed
under RCW 7.48A.040 shall be paid into the general treasury
of the governmental unit commencing the civil action. [1985
c 235 § 2; 1982 c 184 § 5.]
Severability—1985 c 235: See note following RCW 7.48A.040.
7.48A.060 Exceptions to application of chapter.
Nothing in this chapter applies to the circulation of any
material by any recognized historical society or museum, any
library of any college or university, or to any archive or
library under the supervision and control of the state, county,
municipality, or other political subdivision. [1982 c 184 §
6.]
7.48A.070 Findings. The legislature finds that actions
against moral nuisances as declared in RCW 7.48A.020 (1)
through (4) involve balancing the safeguards necessary to
protect constitutionally protected speech and the community
and law enforcement efforts to curb dissemination of
obscene matters. The legislature finds that the difficulty in
ascertaining and obtaining originals and copies of obscene
matters for evidentiary purposes thwarts legitimate enforcement efforts. The legislature finds that the balancing of
the concerns warrants specific discovery procedures applicable to actions against moral nuisances involving obscene
matters. [1989 c 70 § 1.]
7.48A.080 Temporary injunction. After the plaintiff
files a civil action under this chapter, the plaintiff may apply
to the superior court in which the plaintiff filed the action
for a temporary or preliminary injunction. The court shall
grant a hearing within ten days after the plaintiff applies for
a temporary injunction. [1989 c 70 § 2.]
7.48A.090 Restraining order—Service—Violation of
order or injunction. After the plaintiff applies for a
temporary or preliminary injunction, the court may, upon a
showing of good cause, issue an ex parte restraining order
restraining the defendant and all other persons from removing or in any manner interfering with the personal property
and contents of the place where the nuisance is alleged to
exist, until the court grants or denies the plaintiff’s application for a temporary or preliminary injunction or until further
order of the court. However, pending the court’s decision on
the injunction, the temporary restraining order shall not
restrain the exhibition or sale of any film, publication or
item of stock in trade. The order may require that at least
one original of each film or publication shall be preserved
pending the hearing on the injunction. The court may
require an inventory and full accounting of all business
transactions.
The officer serving the restraining order or preliminary
injunction may serve the order by handing to and leaving a
copy with any person in charge of the place or residing in
the place, or by posting a copy in a conspicuous place at or
upon one or more of the principal doors or entrances to the
place, or by both delivery and posting. The officer serving
the restraining order or injunction shall forthwith make and
return to the court, an inventory of the personal property and
contents situated in and used in conducting or maintaining
the alleged nuisance.
(2002 Ed.)
Moral Nuisances
7.48A.090
Any violation of the temporary order or injunction is a
contempt of court. Mutilation or removal of a posted order
that is in force is a contempt of court if the posted order or
injunction contains a notice to that effect. [1989 c 70 § 3.]
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 70 § 9.]
7.48A.100 When bond or security not required. A
bond or security shall not be required of the city attorney,
the prosecuting attorney, or the attorney general. [1989 c 70
§ 4.]
Chapter 7.52
PARTITION
7.48A.110 Hearing—Service of notice. A copy of
the complaint, together with a notice of the time and place
of the hearing on the application for a temporary injunction,
shall be served upon the defendant at least three business
days before the hearing. Service may also be made by
posting the required documents in the same manner as is
provided in RCW 7.48A.090. If the defendant requests a
continuance of the hearing, all temporary restraining orders
and injunctions shall be extended as a matter of course.
[1989 c 70 § 5.]
7.48A.120 Production of discovery materials—
Temporary injunction. If the court finds at the hearing for
an injunction, that the accounting, inventory, personal
property, and contents of the place alleged to be a nuisance
provide evidence of a moral nuisance as defined by RCW
7.48A.020 (1) through (4), the court may order the defendant
to produce to the plaintiff a limited number of original films,
film plates, publications, videotapes, any other obscene
matter, and other discovery materials the court determines is
necessary for evidentiary purposes to resolve the action on
the merits.
The court may issue a temporary injunction enjoining
the defendant and all other persons from removing or in any
manner interfering with the court-ordered discovery. This
discovery procedure supplements and does not replace any
other discovery procedures and rules generally applicable to
civil cases in this state. [1989 c 70 § 6.]
7.48A.130 Precedence of hearing on injunction.
The hearing on the injunction shall have precedence over all
other actions, except prior matters of the same character,
criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit
vehicles used in violation of the uniform controlled substances act, chapter 69.50 RCW. [1989 c 70 § 7.]
7.48A.140 Violation of order or injunction—
Penalties. An intentional violation of a restraining order,
preliminary injunction, or injunction under this chapter is
punishable as a contempt of court. [1989 c 70 § 8.]
7.48A.900 Severability—1982 c 184. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 184 § 9.]
7.48A.901 Severability—1989 c 70. If any provision
of this act or its application to any person or circumstance is
(2002 Ed.)
Sections
7.52.010
7.52.020
7.52.030
7.52.040
7.52.050
7.52.060
7.52.070
7.52.080
7.52.090
7.52.100
7.52.110
7.52.120
7.52.130
7.52.140
7.52.150
7.52.160
7.52.170
7.52.180
7.52.190
7.52.200
7.52.210
7.52.220
7.52.230
7.52.240
7.52.250
7.52.260
7.52.270
7.52.280
7.52.290
7.52.300
7.52.310
7.52.320
7.52.330
7.52.340
7.52.350
7.52.360
7.52.370
7.52.380
7.52.390
7.52.400
7.52.410
7.52.420
Persons entitled to bring action.
Requisites of complaint.
Lien creditors as parties defendant.
Notice.
Service by publication.
Answer—Contents.
Trial—Proof must be taken.
Order of sale or partition.
Partition, how made.
Report of referees, confirmation—Effect.
Decree does not affect tenant.
Costs.
Sale of property.
Estate for life or years to be set off.
Lien creditors to be brought in.
Clerk’s certificate of unsatisfied judgment liens.
Ascertainment of liens—Priority.
Notice to lienholders.
Proceedings and report of referee.
Exceptions to report—Service of notice on absentee.
Order of confirmation is conclusive.
Distribution of proceeds of sale.
Other securities to be first exhausted.
Lien proceedings not to delay sale.
Distribution at direction of court.
Continuance of suit to determine claims.
Sales to be by public auction.
Terms of sale to be directed by court.
Referee may take security.
Estate of tenant for life or years may be sold.
Tenant for life or years may receive sum in gross—Consent.
Court to determine sum if consent not given.
Protection of unknown tenant.
Contingent or vested estates.
Terms of sale must be made known.
Referees or guardians not to be interested in purchase.
Referees’ report of sale—Contents.
Exceptions—Confirmation.
Purchase by interested party.
Investment of proceeds of unknown owner.
Investment in name of clerk.
Securities to parties entitled to share when proportions determined.
7.52.430
Duties of clerk in making investments.
7.52.440
Unequal partition—Compensation adjudged.
7.52.450
Infant’s share of proceeds to guardian.
7.52.460
Guardian or limited guardian of incompetent or disabled
person may receive proceeds—Bond.
7.52.470
Guardian or limited guardian may consent to partition.
7.52.480
Apportionment of costs.
Real property and conveyances: Title 64 RCW.
Termination of condominium: RCW 64.34.268.
7.52.010 Persons entitled to bring action. When
several persons hold and are in possession of real property
as tenants in common, in which one or more of them have
an estate of inheritance, or for life or years, an action may
be maintained by one or more of such persons, for a
partition thereof, according to the respective rights of the
persons interested therein, and for sale of such property, or
a part of it, if it appear that a partition cannot be made
[Title 7 RCW—page 39]
7.52.010
Title 7 RCW: Special Proceedings and Actions
without great prejudice to the owners. [Code 1881 § 552;
1877 p 117 § 557; 1869 p 133 § 505; RRS § 838.]
7.52.020 Requisites of complaint. The interest of all
persons in the property shall be set forth in the complaint
specifically and particularly as far as known to the plaintiff,
and if one or more of the parties, or the share or quantity of
interest of any of the parties be unknown to the plaintiff, or
be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder
be a contingent remainder, so that such parties cannot be
named, that fact shall be set forth in the complaint. [Code
1881 § 553; 1877 p 117 § 558; 1869 p 133 § 506; RRS §
839.]
7.52.030 Lien creditors as parties defendant. The
plaintiff may, at his option, make creditors having a lien
upon the property or any portion thereof, other than by a
judgment or decree, defendants in the suit. When the lien is
upon an undivided interest or estate of any of the parties,
such lien, if a partition be made, is thenceforth a lien only
on the share assigned to such party; but such share shall be
first charged with its just proportion of the costs of the
partition, in preference to such lien. [Code 1881 § 554;
1877 p 117 § 559; 1869 p 133 § 507; RRS § 840.]
7.52.040 Notice. The notice shall be directed by name
to all the tenants in common, who are known, and in the
same manner to all lien creditors who are made parties to the
suit, and generally to all persons unknown, having or
claiming an interest or estate in the property. [Code 1881 §
555; 1877 p 117 § 560; 1869 p 133 § 508; RRS § 841.]
7.52.050 Service by publication. If a party, having
a share or interest in, or lien upon the property, be unknown,
or either of the known parties reside out of the state or
cannot be found therein, and such fact be made to appear by
affidavit, the notice may be served by publication, as in
ordinary cases. When service is made by publication, the
notice must contain a brief description of the property which
is the subject of the suit. [Code 1881 § 556; 1877 p 117 §
561; 1869 p 134 § 509; RRS § 842.]
Publication of legal notices: Chapter 65.16 RCW.
7.52.060 Answer—Contents. The defendant shall set
forth in his answer, the nature, and extent of his interest in
the property, and if he be a lien creditor, how such lien was
created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way,
and if so, the nature of such other security. [Code 1881 §
557; 1877 p 118 § 562; 1869 p 134 § 510; RRS § 843.]
7.52.070 Trial—Proof must be taken. The rights of
the several parties, plaintiffs as well as defendants, may be
put in issue, tried and determined in such suit, and where a
defendant fails to answer, or where a sale of the property is
necessary, the title shall be ascertained by proof to the
satisfaction of the court, before the decree for partition or
sale is given. [Code 1881 § 558; 1877 p 118 § 563; 1869 p
134 § 511; RRS § 844.]
[Title 7 RCW—page 40]
7.52.080 Order of sale or partition. If it be alleged
in the complaint and established by evidence, or if it appear
by the evidence without such allegation in the complaint, to
the satisfaction of the court, that the property or any part of
it, is so situated that partition cannot be made without great
prejudice to the owners, the court may order a sale thereof,
and for that purpose may appoint one or more referees.
Otherwise, upon the requisite proofs being made, it shall
decree a partition according to the respective rights of the
parties as ascertained by the court, and appoint three
referees, therefor, and shall designate the portion to remain
undivided for the owners whose interests remain unknown or
are not ascertained. [Code 1881 § 559; 1877 p 118 § 564;
1869 p 134 § 512; RRS § 845.]
7.52.090 Partition, how made. In making the
partition, the referees shall divide the property, and allot the
several portions thereof to the respective parties, quality and
quantity relatively considered, according to the respective
rights of the parties as determined by the court, designating
the several portions by proper landmarks, and may employ
a surveyor with the necessary assistants to aid them therein.
The referees shall make a report of their proceedings,
specifying therein the manner of executing their trust,
describing the property divided and the shares allotted to
each party, with a particular description of each share.
[Code 1881 § 560; 1877 p 118 § 565; 1869 p 134 § 513;
RRS § 846.]
7.52.100 Report of referees, confirmation—Effect.
The court may confirm or set aside the report in whole or in
part, and if necessary, appoint new referees. Upon the report
being confirmed a decree shall be entered that such partition
be effectual forever, which decree shall be binding and
conclusive:
(1) On all parties named therein, and their legal representatives who have at the time any interest in the property
divided, or any part thereof as owners in fee, or as tenants
for life or for years, or as entitled to the reversion, remainder
or inheritance of such property or any part thereof, after the
termination of a particular estate therein, or who by any
contingency may be entitled to a beneficial interest in the
property, or who have an interest in any undivided share
thereof, as tenants for years or for life.
(2) On all persons interested in the property to whom
notice shall have been given by publication.
(3) On all other persons claiming from or through such
parties or persons or either of them. [Code 1881 § 561;
1877 p 118 § 566; 1869 p 135 § 514; RRS § 847.]
7.52.110 Decree does not affect tenant. Such decree
and partition shall not affect any tenants for years or for life,
of the whole of the property which is the subject of partition,
nor shall such decree and partition preclude any persons,
except such as are specified in RCW 7.52.100, from claiming title to the property in question, or from controverting
the title of the parties between whom the partition shall have
been made. [Code 1881 § 562; 1877 p 119 § 567; 1869 p
135 § 515; RRS § 848.]
(2002 Ed.)
Partition
7.52.120 Costs. The expenses of the referees, including those of a surveyor and his assistants, when employed,
shall be ascertained and allowed by the court, and the
amount thereof, together with the fees allowed by law to the
referees, shall be paid by the plaintiff and may be allowed
as costs. [Code 1881 § 563; 1877 p 119 § 568; 1869 p 135
§ 516; RRS § 849.]
7.52.130 Sale of property. If the referees report to
the court that the property, of which partition shall have been
decreed, or any separate portion thereof is so situated that a
partition thereof cannot be made without great prejudice to
the owners, and the court is satisfied that such report is
correct, it may thereupon by an order direct the referees to
sell the property or separate portion thereof. [Code 1881 §
564; 1877 p 119 § 569; 1869 p 135 § 517; RRS § 850.]
7.52.140 Estate for life or years to be set off. When
a part of the property only is ordered to be sold, if there be
an estate for life or years in an undivided share of the
property, the whole of such estate may be set off in any part
of the property not ordered sold. [Code 1881 § 565; 1877
p 119 § 570; 1869 p 136 § 518; RRS § 851.]
7.52.150 Lien creditors to be brought in. Before
making an order of sale, if lien creditors, other than those by
judgment or decree, have not been made parties, the court,
on motion of either party, shall order the plaintiff to file a
supplemental complaint, making such creditors defendants.
[Code 1881 § 566; 1877 p 119 § 571; 1869 p 136 § 519;
RRS § 852.]
7.52.160 Clerk’s certificate of unsatisfied judgment
liens. If an order of sale be made before the distribution of
the proceeds thereof, the plaintiff shall produce to the court
the certificate of the clerk of the county where the property
is situated, showing the liens remaining unsatisfied, if any,
by judgment or decree upon the property or any portion
thereof, and unless he do so the court shall order a referee
to ascertain them. [1957 c 51 § 13; Code 1881 § 567; 1877
p 119 § 570; 1869 p 136 § 520; RRS § 853.]
7.52.120
7.52.190 Proceedings and report of referee. The
referee shall receive the evidence and report the names of
the creditors whose liens are established, the amounts due
thereon, or secured thereby, and their priority respectively,
and whether contingent or absolute. He shall attach to his
report the proof of service of the notices and the evidence
before him. [Code 1881 § 570; 1877 p 120 § 573; 1869 p
136 § 523; RRS § 856.]
7.52.200 Exceptions to report—Service of notice on
absentee. The report of the referee may be excepted to by
either party to the suit, or to the proceedings before the
referee, in like manner and with like effect as in ordinary
cases. If a lien creditor be absent from the state, or his residence therein be unknown, and that fact appear by affidavit,
the court or judge thereof may by order direct that service of
the notice may be made upon his agent or attorney of record,
or by publication thereof, for such time and in such manner
as the order may prescribe. [Code 1881 § 571; 1877 p 120
§ 574; 1869 p 137 § 524; RRS § 857.]
7.52.210 Order of confirmation is conclusive. If the
report of the referee be confirmed, the order of confirmation
is binding and conclusive upon all parties to the suit, and
upon the lien creditors who have been duly served with the
notice to appear before the referee, as provided in RCW
7.52.180. [Code 1881 § 572; 1877 p 120 § 575; 1869 p 137
§ 525; RRS § 858.]
7.52.220 Distribution of proceeds of sale. The
proceeds of the sale of the encumbered property shall be
distributed by the decree of the court, as follows:
(1) To pay its just proportion of the general costs of the
suit.
(2) To pay the costs of the reference.
(3) To satisfy the several liens in their order of priority,
by payment of the sums due, and to become due, according
to the decree.
(4) The residue among the owners of the property sold,
according to their respective shares. [Code 1881 § 573;
1877 p 120 § 576; 1869 p 137 § 526; RRS § 859.]
7.52.170 Ascertainment of liens—Priority. If it
appear by such certificate or reference, in case the certificate
is not produced, that any such liens exist, the court shall
appoint a referee to ascertain what amount remains due
thereon or secured thereby respectively, and the order of
priority in which they are entitled to be paid out of the
property. [Code 1881 § 568; 1877 p 119 § 571; 1869 p 136
§ 521; RRS § 854.]
7.52.230 Other securities to be first exhausted.
Whenever any party to the suit, who holds a lien upon the
property or any part thereof, has other securities for the
payment of the amount of such lien, the court may in its
discretion, order such sureties to be exhausted before a
distribution of the proceeds of sale, or may order a just
deduction to be made from the amount of the lien on the
property on account thereof. [Code 1881 § 574; 1877 p 121
§ 577; 1869 p 137 § 527; RRS § 860.]
7.52.180 Notice to lienholders. The plaintiff must
cause a notice to be served at least twenty days before the
time for appearance on each person having such lien by
judgment or decree, to appear before the referee at a
specified time and place to make proof by his own affidavit
or otherwise, of the true amount due or to become due,
contingently or absolutely on his judgment or decree. [Code
1881 § 569; 1877 p 120 § 572; 1869 p 136 § 522; RRS §
855.]
7.52.240 Lien proceedings not to delay sale. The
proceedings to ascertain the amount of the liens, and to
determine their priority as above provided, or those hereinafter authorized to determine the rights of parties to funds paid
into court, shall not delay the sale, nor affect any other
party, whose rights are not involved in such proceedings.
[Code 1881 § 575; 1877 p 121 § 578; 1869 p 137 § 528;
RRS § 861.]
(2002 Ed.)
[Title 7 RCW—page 41]
7.52.250
Title 7 RCW: Special Proceedings and Actions
7.52.250 Distribution at direction of court. The
proceeds of sale, and the securities taken by the referees, or
any part thereof, shall be distributed by them to the persons
entitled thereto, whenever the court so directs. But if no
such direction be given, all such proceeds and securities shall
be paid into court, or deposited as directed by the court.
[Code 1881 § 576; 1877 p 121 § 579; 1869 p 138 § 529;
RRS § 862.]
7.52.260 Continuance of suit to determine claims.
When the proceeds of sale of any shares or parcel belonging
to persons who are parties to the suit and who are known,
are paid into court, the suit may be continued as between
such parties, for the determination of their respective claims
thereto, which shall be ascertained and adjudged by the
court. Further testimony may be taken in court, or by a
referee at the discretion of the court, and the court may, if
necessary, require such parties to present the facts or law in
controversy, by pleadings as in an original suit. [Code 1881
§ 577; 1877 p 121 § 580; 1869 p 138 § 530; RRS § 863.]
7.52.270 Sales to be by public auction. All sales of
real property made by the referees shall be made by public
auction, to the highest bidder, in the manner required for the
sale of real property on execution. The notice shall state the
terms of sale, and if the property, or any part of it is to be
sold, subject to a prior estate, charge or lien, that shall be
stated in the notice. [Code 1881 § 578; 1877 p 121 § 581;
1869 p 138 § 531; RRS § 864.]
7.52.280 Terms of sale to be directed by court. The
court shall, in the order of sale, direct the terms of credit
which may be allowed for the purchase money of any
portion of the premises, of which it may direct a sale on
credit; and for that portion of which the purchase money is
required by the provisions hereinafter contained, to be
invested for the benefit of unknown owners, infants or
parties out of the state. [Code 1881 § 579; 1877 p 121 §
583; 1869 p 138 § 532; RRS § 865.]
7.52.290 Referee may take security. The referees
may take separate mortgages, and other securities for the
whole, or convenient portions of the purchase money, of
such parts of the property as are directed by the court to be
sold on credit, in the name of the clerk of the court, and his
successors in office; and for the shares of any known owner
of full age, in the name of such owner. [Code 1881 § 580;
1877 p 121 § 584; 1869 p 138 § 533; RRS § 866.]
7.52.300 Estate of tenant for life or years may be
sold. When the estate of any tenant for life or years, in any
undivided part of the property in question, shall have been
admitted by the parties, or ascertained by the court to be
existing at the time of the order of sale, and the person
entitled to such estate shall have been made a party to the
suit, such estate may be first set off out of any part of the
property, and a sale made of such parcel, subject to the prior
unsold estate of such tenant therein; but if in the judgment
of the court, a due regard to the interest of all the parties
require that such estate be also sold, the sale may be so
[Title 7 RCW—page 42]
ordered. [Code 1881 § 581; 1877 p 122 § 585; 1869 p 138
§ 534; RRS § 867.]
7.52.310 Tenant for life or years may receive sum
in gross—Consent. Any person entitled to an estate for life
or years in any undivided part of the property, whose estate
shall have been sold, shall be entitled to receive such sum in
gross as may be deemed a reasonable satisfaction for such
estate, and which the person so entitled shall consent to
accept instead thereof, by an instrument duly acknowledged
and filed with the clerk. [Code 1881 § 582; 1877 p 122 §
586; 1869 p 139 § 535; RRS § 868.]
7.52.320 Court to determine sum if consent not
given. If such consent be not given, as provided in RCW
7.52.310, before the report of sale, the court shall ascertain
and determine what proportion of the proceeds of the sale,
after deducting expenses, will be a just and reasonable sum
to be invested for the benefit of the person entitled to such
estate for life, or years, and shall order the same to be
deposited in court for that purpose. [Code 1881 § 583; 1877
p 122 § 587; 1869 p 139 § 536; RRS § 869.]
7.52.330 Protection of unknown tenant. If the
persons entitled to such estate, for life or years, be unknown,
the court shall provide for the protection of their rights in the
same manner, as far as may be, as if they were known and
had appeared. [Code 1881 § 584; 1877 p 122 § 589; 1869
p 139 § 538; RRS § 870.]
7.52.340 Contingent or vested estates. In all cases
of sales in partition, when it appears that any person has a
vested or contingent future right or estate therein, the court
shall ascertain and settle the proportionate value of such
contingent or vested right or estate, and shall direct such
proportion of the proceeds of sale to be invested, secured or
paid over in such manner as to protect the rights and
interests of the parties. [1957 c 51 § 14; Code 1881 § 585;
RRS § 871. Cf. Laws 1881 § 586; 1877 p 122 § 590; 1869
p 140 § 539.]
7.52.350 Terms of sale must be made known. In all
cases of sales of property the terms shall be made known at
the time, and if the premises consist of distinct farms or lots,
they shall be sold separately or otherwise, if the court so
directs. [Code 1881 § 586; 1877 p 122 § 591; 1869 p 140
§ 540; RRS § 872.]
7.52.360 Referees or guardians not to be interested
in purchase. Neither of the referees, nor any person for the
benefit of either of them, shall be interested in any purchase,
nor shall the guardian of an infant be an interested party in
the purchase of any real property being the subject of the
suit, except for the benefit of the infant. All sales contrary
to the provisions of this section shall be void. [Code 1881
§ 587; 1877 p 122 § 592; 1869 p 140 § 541; RRS § 873.]
7.52.370 Referees’ report of sale—Contents. After
completing the sale, the referees shall report the same to the
(2002 Ed.)
Partition
court, with a description of the different parcels of land sold
to each purchaser, the name of the purchaser, the price paid
or secured, the terms and conditions of the sale, and the
securities, if any, taken. The report shall be filed with the
clerk. [Code 1881 § 588; 1877 p 122 § 593; 1869 p 140 §
542; RRS § 874.]
7.52.380 Exceptions—Confirmation. The report of
sale may be excepted to in writing by any party entitled to
a share of the proceeds. If the sale be confirmed, the order
of confirmation shall direct the referees to execute conveyances and take securities pursuant to such sale. [Code 1881
§ 589; 1877 p 123 § 594; 1869 p 140 § 543; RRS § 875.]
7.52.390 Purchase by interested party. When a
party entitled to a share of the property, or an encumbrancer
entitled to have his lien paid out of the sale, becomes a
purchaser, the referees may take his receipt for so much of
the proceeds of the sale as belong to him. [Code 1881 §
590; 1877 p 123 § 595; 1869 p 140 § 544; RRS § 876.]
7.52.400 Investment of proceeds of unknown owner.
When there are proceeds of sale belonging to an unknown
owner, or to a person without the state who has no legal
representative within it, or when there are proceeds arising
from the sale of an estate subject to the prior estate of a
tenant for life or years, which are paid into the court or
otherwise deposited by order of the court, the same shall be
invested in securities on interest for the benefit of the
persons entitled thereto. [Code 1881 § 591; 1877 p 123 §
596; 1869 p 140 § 545; RRS § 877.]
7.52.410 Investment in name of clerk. When the
security for the proceeds of sale is taken, or when an
investment of any such proceeds is made, it shall be done,
except as herein otherwise provided, in the name of the clerk
of the court and his successors in office, who shall hold the
same for the use and benefit of the parties interested, subject
to the order of the court. [Code 1881 § 592; 1877 p 123 §
597; 1869 p 141 § 546; RRS § 878.]
7.52.420 Securities to parties entitled to share when
proportions determined. When security is taken by the
referees on a sale, and the parties interested in such security
by an instrument in writing under their hands, delivered to
the referees, agree upon the share and proportions to which
they are respectively entitled, or when shares and proportions
have been previously adjudged by the court, such securities
shall be taken in the names of and payable to the parties
respectively entitled thereto, and shall be delivered to such
parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk. [Code 1881
§ 593; 1877 p 123 § 598; 1869 p 141 § 547; RRS § 879.]
7.52.430 Duties of clerk in making investments.
The clerk in whose name a security is taken, or by whom an
investment is made, and his successors in office, shall
receive the interest and principal as it becomes due, and
apply and invest the same as the court may direct, and shall
file in his office all securities taken and keep an account in
(2002 Ed.)
7.52.370
a book provided and kept for that purpose in the clerk’s
office, free for inspection by all persons, of investments and
moneys received by him thereon, and the disposition thereof.
[Code 1881 § 594; 1877 p 123 § 599; 1869 p 141 § 548;
RRS § 880.]
7.52.440 Unequal partition—Compensation adjudged. When it appears that partition cannot be made
equal between the parties according to their respective rights,
without prejudice to the rights and interests of some of them,
the court may adjudge compensation to be made by one
party to another on account of the inequality of partition; but
such compensation shall not be required to be made to others
by owners unknown, nor by infants, unless in case of an
infant it appear that he has personal property sufficient for
that purpose, and that his interest will be promoted thereby.
[Code 1881 § 595; 1877 p 124 § 600; 1869 p 141 § 549;
RRS § 881.]
7.52.450 Infant’s share of proceeds to guardian.
When the share of an infant is sold, the proceeds of the sale
may be paid by the referees making the sale, to his general
guardian, or the special guardian appointed for him in the
suit, upon giving the security required by law, or directed by
order of the court. [Code 1881 § 596; 1877 p 124 § 601;
1869 p 142 § 550; RRS § 882.]
7.52.460 Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond.
The guardian or limited guardian who may be entitled to the
custody and management of the estate of an incompetent or
disabled person adjudged incapable of conducting his own
affairs, whose interest in real property shall have been sold,
may receive in behalf of such person his share of the
proceeds of such real property from the referees, on executing a bond with sufficient sureties, approved by the judge of
the court, conditioned that he faithfully discharge the trust
reposed in him, and will render a true and just account to the
person entitled, or to his legal representative. [1977 ex.s. c
80 § 9; Code 1881 § 597; 1877 p 124 § 602; 1869 p 142 §
551; RRS § 883.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
7.52.470 Guardian or limited guardian may consent
to partition. The general guardian of an infant, and the
guardian or limited guardian entitled to the custody and
management of the estate of an incompetent or disabled
person adjudged incapable of conducting his own affairs,
who is interested in real estate held in common or in any
other manner, so as to authorize his being made a party to
an action for the partition thereof, may consent to a partition
without suit and agree upon the share to be set off to such
infant or other person entitled, and may execute a release in
his behalf to the owners of the shares or parts to which they
may respectively be entitled, and upon an order of the court.
[1977 ex.s. c 80 § 10; Code 1881 § 598; 1877 p 124 § 603;
1869 p 142 § 552; RRS § 884.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
[Title 7 RCW—page 43]
7.52.480
Title 7 RCW: Special Proceedings and Actions
7.52.480 Apportionment of costs. The cost of
partition, including fees of referees and other disbursements
including reasonable attorney fees to be fixed by the court
and in case the land is ordered sold, costs of an abstract of
title, shall be paid by the parties respectively entitled to share
in the lands divided, in proportion to their respective
interests therein, and may be included and specified in the
decree. In that case there shall be a lien on the several
shares, and the decree may be enforced by execution against
the parties separately. When, however, a litigation arises
between some of the parties only, the court may require the
expense of such litigation to be paid by the parties thereto,
or any of them. [1923 c 9 § 1; Code 1881 § 599; 1877 p
124 § 604; 1869 p 142 § 553; RRS § 885.]
Chapter 7.56
QUO WARRANTO
Sections
7.56.010
7.56.020
7.56.030
7.56.040
7.56.050
7.56.060
7.56.070
7.56.080
7.56.090
7.56.100
7.56.110
7.56.120
7.56.130
7.56.140
7.56.150
Against whom information may be filed.
Who may file.
Contents of information.
Information for usurping office—Requisites—Damages.
Notice—Pleadings—Proceedings.
Judgment.
Judgment for relator—Ouster of defendant.
Delivery of books and papers—Enforcement of order.
Action for damages—Limitation.
Judgment of ouster or forfeiture.
Judgment against corporation—Costs—Receivership.
Action to recover forfeited property.
Costs.
Information to annul patent, certificate, or deed.
Proceedings to annul.
7.56.010 Against whom information may be filed.
An information may be filed against any person or corporation in the following cases:
(1) When any person shall usurp, intrude upon, or
unlawfully hold or exercise any public office or franchise
within the state, or any office in any corporation created by
the authority of the state.
(2) When any public officer shall have done or suffered
any act, which, by the provisions of law, shall work a
forfeiture of his office.
(3) When several persons claim to be entitled to the
same office or franchise, one information may be filed
against any or all such persons in order to try their respective rights to the office or franchise.
(4) When any association or number of persons shall act
within this state as a corporation, without being legally
incorporated.
(5) Or where any corporation do, or omit acts which
amount to a surrender or a forfeiture of their rights and
privileges as a corporation, or where they exercise powers
not conferred by law. [Code 1881 § 702; 1877 p 143 § 706;
1854 p 216 § 468; RRS § 1034.]
7.56.020 Who may file. The information may be
filed by the prosecuting attorney in the superior court of the
proper county, upon his own relation, whenever he shall
deem it his duty to do so, or shall be directed by the court
or other competent authority, or by any other person on his
[Title 7 RCW—page 44]
own relation, whenever he claims an interest in the office,
franchise or corporation which is the subject of the information. [Code 1881 § 703; 1877 p 143 § 707; 1854 p 216 §
469; RRS § 1035.]
7.56.030 Contents of information. The information
shall consist of a plain statement of the facts which constitute the grounds of the proceedings, addressed to the court.
[Code 1881 § 704; 1877 p 143 § 708; 1854 p 216 § 470;
RRS § 1036.]
7.56.040 Information for usurping office—
Requisites—Damages. Whenever an information shall be
filed against a person for usurping an office, by the prosecuting attorney, he shall also set forth therein the name of the
person rightfully entitled to the office, with an averment of
his right thereto; and when filed by any other person he shall
show his interest in the matter, and he may claim the
damages he has sustained. [Code 1881 § 705; 1877 p 143
§ 709; 1854 p 216 § 471; RRS § 1037.]
7.56.050 Notice—Pleadings—Proceedings. Whenever an information is filed, a notice signed by the relator shall
be served and returned, as in other actions. The defendant
shall appear and answer, or suffer default, and subsequent
proceeding be had as in other cases. [Code 1881 § 706;
1877 p 144 § 710; 1854 p 217 § 472; RRS § 1038.]
7.56.060 Judgment. In every case wherein the right
to an office is contested, judgment shall be rendered upon
the rights of the parties, and for the damages the relator may
show himself entitled to, if any, at the time of the judgment.
[Code 1881 § 707; 1877 p 144 § 711; 1854 p 217 § 473;
RRS § 1039.]
7.56.070 Judgment for relator—Ouster of defendant. If judgment be rendered in favor of the relator, he
shall proceed to exercise the functions of the office, after he
has been qualified as required by law, and the court shall
order the defendant to deliver over all books and papers in
his custody or within his power, belonging to the office from
which he has been ousted. [Code 1881 § 708; 1877 p 144
§ 712; 1854 p 217 § 474; RRS § 1040.]
7.56.080
Delivery of books and papers—
Enforcement of order. If the defendant shall refuse or
neglect to deliver over the books and papers pursuant to the
order, the court or judge thereof shall enforce the order by
attachment and imprisonment. [Code 1881 § 709; 1877 p
144 § 713; 1854 p 217 § 475; RRS § 1041.]
7.56.090 Action for damages—Limitation. When
judgment is rendered in favor of the plaintiff, he may, if he
has not claimed his damages in the information, have his
action for the damages at any time within one year after the
judgment. [Code 1881 § 710; 1877 p 144 § 714; 1854 p
217 § 476; RRS § 1042.]
7.56.100 Judgment of ouster or forfeiture. Whenever any defendant shall be found guilty of any usurpation of
(2002 Ed.)
Quo Warranto
or intrusion into, or unlawfully exercising any office or
franchise within this state, or any office in any corporation
created by the authority of this state, or when any public
officer thus charged shall be found guilty of having done or
suffered any act which by the provisions of the law shall
work a forfeiture of his office, or when any association or
number of persons shall be found guilty of having acted as
a corporation without having been legally incorporated, the
court shall give judgment of ouster against the defendant or
defendants, and exclude him or them from the office,
franchise or corporate rights, and in case of corporations that
the same shall be dissolved, and the court shall adjudge costs
in favor of the plaintiff. [Code 1881 § 711; 1877 p 144 §
715; 1854 p 217 § 478; RRS § 1043.]
7.56.110 Judgment against corporation—Costs—
Receivership. If judgment be rendered against any corporation or against any persons claiming to be a corporation, the
court may cause the costs to be collected by executions
against the persons claiming to be a corporation or by
attachment against the directors or other officers of the
corporation, and shall restrain the corporation, appoint a
receiver of its property and effects, take an account and
make a distribution thereof among the creditors. The
prosecuting attorney shall immediately institute proceedings
for that purpose. [Code 1881 § 712; 1877 p 144 § 716;
1854 p 217 § 479; RRS § 1044.]
7.56.120 Action to recover forfeited property.
Whenever any property shall be forfeited to the state for its
use, the legal title shall be deemed to be in the state from
the time of the forfeiture, and an information may be filed
by the prosecuting attorney in the superior court for the
recovery of the property, alleging the ground on which the
recovery is claimed, and like proceedings and judgment shall
be had as in civil action for the recovery of the property.
[Code 1881 § 713; 1877 p 145 § 717; 1854 p 218 § 480;
RRS § 1045.]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
7.56.130 Costs. When an information is filed by the
prosecuting attorney, he shall not be liable for the costs, but
when it is filed upon the relation of a private person such
person shall be liable for costs unless the same are adjudged
against the defendant. [Code 1881 § 714; 1877 p 145 § 718;
1854 p 218 § 481; RRS § 1046.]
7.56.140 Information to annul patent, certificate, or
deed. An information may be prosecuted for the purpose of
annulling or vacating any letters patent, certificate or deed,
granted by the proper authorities of this state, when there is
reason to believe that the same were obtained by fraud or
through mistake or ignorance of a material fact, or when the
patentee or those claiming under him have done or omitted
an act in violation of the terms on which the letters, deeds
or certificates were granted, or have by any other means
forfeited the interests acquired under the same. [Code 1881
§ 715; 1877 p 145 § 719; 1854 p 218 § 482; RRS § 1047.]
(2002 Ed.)
7.56.100
7.56.150 Proceedings to annul. In such cases, the
information may be filed by the prosecuting attorney upon
his relation, or by any private person upon his relation
showing his interest in the subject matter; and the subsequent
proceedings, judgment of the court and awarding of costs,
shall conform to the above provisions, and such letters
patent, deed or certificate shall be annulled or sustained,
according to the right of the case. [Code 1881 § 716; 1877
p 145 § 720; 1854 p 218 § 483; RRS § 1048.]
Chapter 7.60
RECEIVERS
Sections
7.60.010
Receiver defined.
7.60.020
Grounds for appointment.
7.60.030
Oath—Bond.
7.60.040
Powers of receiver.
7.60.050
Order when part of claim admitted.
Rules of court: Cf. CR 66, 43(e)(2).
7.60.010 Receiver defined. A receiver is a person
appointed by a court or judicial officer to take charge of
property during the pending of a civil action or proceeding,
or upon a judgment, decree or order therein, and to manage
and dispose of it as the court or officer may direct. [1891
c 52 § 1; RRS § 740.]
7.60.020 Grounds for appointment. A receiver may
be appointed by the court in the following cases:
(1) In an action by a vendor to vacate a fraudulent
purchase of property, or by a creditor to subject any property
or fund to his or her claim;
(2) In an action between partners, or other persons
jointly interested in any property or fund;
(3) In all actions where it is shown that the property,
fund, or rents and profits in controversy are in danger of
being lost, removed, or materially injured;
(4) In an action or proceeding by a mortgagee or
beneficiary for the foreclosure of a mortgage or deed of trust
and the sale of the mortgaged property; when the mortgagee
or beneficiary has a perfected assignment of rents pursuant
to RCW 7.28.230(3); or when it appears that such property
is in danger of being lost, removed, or materially injured; (or
when such property is insufficient to discharge the debt, to
secure the application of the rents and profits accruing,
before a sale can be had);
(5) When a corporation has been dissolved, or is in the
process of dissolution or is insolvent, or is in imminent
danger of insolvency, or has forfeited its corporate rights,
and when the court in its sound discretion deems that the
appointment of a receiver is necessary to secure ample justice to the parties; and
(6) In such other cases as may be provided by law, or
when, in the discretion of the court, it may be necessary to
secure ample justice to the parties: PROVIDED, That no
party or attorney or other person interested in an action shall
be appointed receiver therein. [1998 c 295 § 18; 1937 c 47
§ 1; Code 1881 § 193; 1877 p 40 § 197; 1869 p 48 § 196;
1854 p 162 § 171; RRS § 741.]
[Title 7 RCW—page 45]
7.60.030
Title 7 RCW: Special Proceedings and Actions
7.60.030 Oath—Bond. Before entering upon his
duties, the receiver must be sworn to perform them faithfully, and with one or more sureties, approved by the court,
execute a bond to such person as the court may direct,
conditioned that he will faithfully discharge the duties of
receiver in the action, and obey the orders of the court
therein. [Code 1881 § 194; 1877 p 41 § 198; 1869 p 48 §
198; 1854 p 162 § 173; RRS § 742.]
7.60.040 Powers of receiver. The receiver shall have
power, under control of the court, to bring and defend
actions, to take and keep possession of the property, to
receive rents, collect debts, and generally to do such acts
respecting the property, as the court may authorize. [Code
1881 § 198; 1877 p 41 § 202; 1869 p 49 § 202; 1854 p 163
§ 177; RRS § 743.]
Rules of court: Cf. SPR 98.10W.
7.60.050 Order when part of claim admitted. When
the answer of the defendant admits part of the plaintiff’s
claim to be just, the court, on motion, may order the
defendant to satisfy that part of the claim, and may enforce
the order by execution or attachment. [Code 1881 § 199;
1877 p 41 § 203; 1869 p 49 § 203; 1854 p 163 § 178; RRS
§ 744.]
Chapter 7.64
REPLEVIN
Sections
7.64.010
7.64.020
7.64.035
7.64.045
7.64.047
7.64.050
7.64.070
7.64.100
7.64.110
7.64.115
7.64.900
7.64.901
Plaintiff may claim and obtain immediate delivery.
Application for delivery—Order to show cause—Petition—
Hearing.
Order awarding possession of property to plaintiff—Bond by
plaintiff—Final judgment.
Plaintiff’s duties upon issuance of order awarding possession
of property.
Sheriff to take possession of property.
Redelivery bond.
Qualification and justification of sureties.
Claim by third party.
Return of proceedings by sheriff.
Execution of final judgment.
Severability—1979 ex.s. c 132.
Severability—1990 c 227.
7.64.010 Plaintiff may claim and obtain immediate
delivery. The plaintiff in an action to recover the possession
of personal property may claim and obtain the immediate
delivery of such property, after a hearing, as provided in this
chapter.
The remedies provided under this chapter are in addition
to any other remedy available to the plaintiff, including a
secured creditor’s right of self-help repossession. [1990 c
227 § 1; 1979 ex.s. c 132 § 1; Code 1881 § 142; 1877 p 30
§ 142; 1869 p 35 § 140; 1854 p 150 § 100; RRS § 707.]
7.64.020 Application for delivery—Order to show
cause—Petition—Hearing. (1) At the time of filing the
complaint or any time thereafter, the plaintiff may apply to
the judge or court commissioner to issue an order directing
the defendant to appear and show cause why an order
[Title 7 RCW—page 46]
putting the plaintiff in immediate possession of the personal
property should not be issued.
(2) In support of the application, the plaintiff, or
someone on the plaintiff’s behalf, shall make an affidavit, or
a declaration as permitted under RCW 9A.72.085, showing:
(a) That the plaintiff is the owner of the property or is
lawfully entitled to the possession of the property by virtue
of a special property interest, including a security interest,
specifically describing the property and interest;
(b) That the property is wrongfully detained by defendant;
(c) That the property has not been taken for a tax,
assessment, or fine pursuant to a statute and has not been
seized under an execution or attachment against the property
of the plaintiff, or if so seized, that it is by law exempt from
such seizure; and
(d) The approximate value of the property.
(3) The order to show cause shall state the date, time,
and place of the hearing, which shall be set no earlier than
ten and no later than twenty-five days after the date of the
order.
(4) A certified copy of the order to show cause, with a
copy of the plaintiff’s affidavit or declaration attached, shall
be served upon the defendant no later than five days before
the hearing date. [1990 c 227 § 2; 1979 ex.s. c 132 § 2;
Code 1881 § 143; 1877 p 30 § 143; 1869 p 35 § 141; 1854
p 150 § 101; RRS § 708.]
7.64.035 Order awarding possession of property to
plaintiff—Bond by plaintiff—Final judgment. (1) At the
hearing on the order to show cause, the judge or court
commissioner may issue an order awarding possession of the
property to the plaintiff and directing the sheriff to put the
plaintiff in possession of the property:
(a)(i) If the plaintiff establishes the right to obtain
possession of the property pending final disposition, or (ii)
if the defendant, after being served with the order to show
cause, fails to appear at the hearing; and
(b) If the plaintiff executes to the defendant and files in
the court a bond in such sum as the court may order, with
sufficient surety to be approved by the clerk, conditioned
that the plaintiff will prosecute the action without delay and
that if the order is wrongfully sued out, the plaintiff will pay
all costs that may be adjudged to the defendant and all
damages, court costs, reasonable attorneys’ fees, and costs of
recovery that the defendant may incur by reason of the order
having been issued.
(2) An order awarding possession shall: (a) State that
a show cause hearing was held; (b) describe the property and
its location; (c) direct the sheriff to take possession of the
property and put the plaintiff in possession as provided in
this chapter; (d) if deemed necessary, direct the sheriff to
break and enter a building or enclosure to obtain possession
of the property if it is concealed in the building or enclosure;
and (e) be signed by the judge or commissioner.
(3) If at the time of the hearing more than twenty days
have elapsed since service of the summons and complaint
and the defendant does not raise an issue of fact prior to or
at the hearing that requires a trial on the issue of possession
or damages, the judge or court commissioner may also, in
addition to entering an order awarding possession, enter a
(2002 Ed.)
Replevin
final judgment awarding plaintiff possession of the property
or its value if possession cannot be obtained, damages, court
costs, reasonable attorneys’ fees, and costs of recovery.
[1990 c 227 § 3; 1979 ex.s. c 132 § 5.]
7.64.045 Plaintiff’s duties upon issuance of order
awarding possession of property. After issuance of the
order awarding possession, the plaintiff shall deliver a copy
of the bond and a certified copy of the order awarding
possession to the sheriff of the county where the property is
located and shall provide the sheriff with all available
information as to the location and identity of the defendant
and the property claimed. If the property is returned to the
plaintiff by the defendant or if the plaintiff otherwise obtains
possession of the property, the plaintiff shall notify the
sheriff of this fact as soon as possible. [1990 c 227 § 4;
1979 ex.s. c 132 § 6.]
7.64.035
issued to the sheriff, the defendant shall give notice of the
filing to the sheriff.
(3) The redelivery bond shall be executed by one or
more sufficient sureties to the effect that they are bound in
an amount equal to the value of the bond filed by the
plaintiff, conditioned that the defendant will deliver the
property to the plaintiff if judgment is entered for the
plaintiff in the action for possession and will pay any sum
recovered by the plaintiff in that action.
(4) The defendant’s sureties, upon a notice to the
plaintiff or the plaintiff’s attorney, of not less than two, nor
more than six days, shall justify as provided by law; upon
such justification, the sheriff shall release the property to the
defendant. The sheriff shall be responsible for the
defendant’s sureties until they justify, or until justification is
completed or expressly waived, and may retain the property
until that time; but if they, or others in their place, fail to
justify at the time and place appointed, the sheriff shall
release the property to the plaintiff. [1990 c 227 § 6; 1979
ex.s. c 132 § 3; Code 1881 § 146; 1877 p 31 § 146; 1869 p
36 § 144; 1854 p 151 § 104; RRS § 711.]
7.64.047 Sheriff to take possession of property. (1)
After receiving an order awarding possession, the sheriff
shall take possession of the property. If the property or any
part of it is concealed in a building or enclosure, the sheriff
shall publicly demand delivery of the property. If the
property is not delivered and if the order awarding possession so directs, the sheriff shall cause the building or
enclosure to be broken open and take possession of the
property.
(2) At the time of taking possession of the property, the
sheriff shall serve copies of the bond and the order awarding
possession on the defendant or, if someone other than the
defendant is in possession of the property, shall serve the
copies on that person. If the copies of the bond and the
order are not served on the defendant at the time of taking
possession, the sheriff shall, within a reasonable time after
taking possession, give notice to the defendant either by
serving copies of the bond and order on the defendant in the
same manner as a summons in a civil action or by causing
the copies to be mailed to the defendant by both regular mail
and certified mail, return receipt requested.
(3) As soon as possible after taking possession of the
property and after receiving lawful fees for taking possession
and necessary expenses for keeping the property, the sheriff
shall release the property to the plaintiff, unless before the
release the defendant has, as provided in RCW 7.64.050,
given a redelivery bond to the sheriff or filed a redelivery
bond with the court and notified the sheriff of that fact.
[1990 c 227 § 5.]
7.64.100 Claim by third party. If the property taken
by the sheriff is claimed by any person other than the
defendant or the defendant’s agent, the claimant may assert
the claim by intervening in the plaintiff’s action for possession. [1990 c 227 § 7; 1979 ex.s. c 132 § 4; Code 1881 §
151; 1877 p 32 § 151; 1869 p 37 § 149; 1854 p 151 § 109;
RRS § 716.]
7.64.050 Redelivery bond. (1) At the hearing on the
order to show cause or at any time before the sheriff takes
possession of the property, the defendant may post a
redelivery bond and retain possession of the property
pending final judgment in the action for possession. At any
time after the sheriff takes possession and before release of
the property to the plaintiff as provided in RCW 7.64.047,
the defendant may require the sheriff to return the property
by posting a redelivery bond.
(2) A redelivery bond may be given to the sheriff or
filed with the court. If the bond is filed with the court after
a certified copy of the order awarding possession has been
7.64.900 Severability—1979 ex.s. c 132. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 132 § 9.]
(2002 Ed.)
7.64.070 Qualification and justification of sureties.
The qualification of sureties and their justification shall be
as prescribed by law. [1957 c 51 § 17; Code 1881 § 148;
1877 p 31 § 148; 1869 p 37 § 146; 1854 p 151 § 106; RRS
§ 713.]
Corporate surety—Insurance: Chapter 48.28 RCW.
7.64.110 Return of proceedings by sheriff. The
sheriff shall file a return of proceedings with the clerk of the
court in which the action is pending within twenty days after
taking possession of the property. [1990 c 227 § 8; 1891 c
34 § 1; Code 1881 § 152; 1877 p 32 § 152; 1869 p 38 §
150; 1854 p 152 § 110; RRS § 717.]
7.64.115 Execution of final judgment. To the extent
the final judgment entered at a show cause hearing or at any
other time is not satisfied by proceedings under an order
awarding possession issued at the show cause hearing, the
judgment shall be executed in the same manner as any other
judgment. [1990 c 227 § 9.]
7.64.901 Severability—1990 c 227. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
[Title 7 RCW—page 47]
7.64.901
Title 7 RCW: Special Proceedings and Actions
the provision to other persons or circumstances is not
affected. [1990 c 227 § 11.]
Chapter 7.68
VICTIMS OF CRIMES—
COMPENSATION, ASSISTANCE
Sections
7.68.010
7.68.015
7.68.020
7.68.030
7.68.035
Intent.
Program to be operated within conditions and limitations.
Definitions.
Duties of department—General provisions.
Penalty assessments in addition to fine or bail forfeiture—
Distribution—Establishment of crime victim and witness
programs in county—Contribution required from cities
and towns.
7.68.050
Right of action for damages—Election—Effect of election or
recovery—Lien of state.
7.68.060
Applications for benefits—Accrual of rights.
7.68.070
Benefits—Right to and amount—Limitations.
7.68.075
Marital status—Payment for or on account of children.
7.68.080
Medical aid—Construction.
7.68.085
Cap on medical benefits—Alternative programs—Plan for
reduction of expenditures.
7.68.090
Establishment of funds.
7.68.100
Physicians’ reporting.
7.68.110
Appeals.
7.68.120
Reimbursement—Restitution to victim—Notice—Fees—
Order to withhold and deliver—Limitation.
7.68.125
Erroneous or fraudulent payment—Repayment, when—
Order contending a debt due—Filing—Fee—Service—
Penalty.
7.68.130
Public or private insurance—Attorneys’ fees and costs of
victim.
7.68.140
Confidentiality.
7.68.145
Release of information in performance of official duties.
7.68.150
Benefits, payments and costs to be funded and accounted for
separately.
7.68.160
Claims of persons injured prior to effective date.
7.68.165
Application of chapter to claims filed under RCW 7.68.160.
7.68.170
Examination costs of sexual assault victims paid by state.
7.68.200
Payment for reenactments of crimes—Contracts—Deposits—
Damages.
7.68.210
Payment may be directed based on contract.
7.68.220
Notice published of moneys in escrow.
7.68.230
Payment to accused if charges dismissed, acquitted.
7.68.240
Payment if no actions pending.
7.68.250
Persons not guilty for mental reasons deemed convicted.
7.68.260
Time for filing action begins when escrow account established.
7.68.270
Escrow moneys may be used for legal representation.
7.68.280
Actions to avoid law null and void.
7.68.290
Restitution—Disposition when victim dead or not found.
7.68.300
Finding.
7.68.310
Property subject to seizure and forfeiture.
7.68.320
Seizure and forfeiture—Procedure.
7.68.330
Seizure and forfeiture—Distribution of proceeds.
7.68.340
Seizure and forfeiture—Remedies nondefeatable and supplemental.
7.68.900
Effective date—1973 1st ex.s. c 122.
7.68.905
Severability—Construction—1977 ex.s. c 302.
7.68.910
Section captions.
7.68.915
Savings—Statute of limitations—1982 1st ex.s. c 8.
Domestic violence, official response: Chapter 10.99 RCW.
Victims of sexual assault, programs and plans in aid of: Chapter 70.125
RCW.
7.68.010
Intent.
Reviser’s note: RCW 7.68.010 was amended by 1989 c 12 § 1
without reference to its repeal by 1989 1st ex.s. c 5 § 14. It has been
decodified for publication purposes pursuant to RCW 1.12.025.
[Title 7 RCW—page 48]
7.68.015 Program to be operated within conditions
and limitations. The department of labor and industries
shall operate the crime victims’ compensation program within the appropriations and the conditions and limitations on
the appropriations provided for this program. [1989 1st ex.s.
c 5 § 1.]
Severability—1989 1st ex.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 5 § 15.]
Application—1989 1st ex.s. c 5: "Except as provided in section 4 of
this act, sections 1 through 8 of this act shall apply to all claims filed on or
after July 1, 1989." [1989 1st ex.s. c 5 § 16.]
Effective dates—1989 1st ex.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and sections 3 and
7 of this act shall take effect immediately [May 14, 1989]. The remaining
sections shall take effect July 1, 1989." [1989 1st ex.s. c 5 § 17.]
7.68.020 Definitions. The following words and
phrases as used in this chapter have the meanings set forth
in this section unless the context otherwise requires.
(1) "Department" means the department of labor and
industries.
(2) "Criminal act" means an act committed or attempted
in this state which is: (a) Punishable as a federal offense
that is comparable to a felony or gross misdemeanor in this
state; (b) punishable as a felony or gross misdemeanor under
the laws of this state; (c) an act committed outside the state
of Washington against a resident of the state of Washington
which would be compensable had it occurred inside this state
and the crime occurred in a state which does not have a
crime victims compensation program, for which the victim
is eligible as set forth in the Washington compensation law;
or (d) an act of terrorism as defined in 18 U.S.C. Sec. 2331,
as it exists on May 2, 1997, committed outside of the United
States against a resident of the state of Washington, except
as follows:
(i) The operation of a motor vehicle, motorcycle, train,
boat, or aircraft in violation of law does not constitute a
"criminal act" unless:
(A) The injury or death was intentionally inflicted;
(B) The operation thereof was part of the commission
of another non-vehicular criminal act as defined in this
section;
(C) The death or injury was the result of the operation
of a motor vehicle after July 24, 1983, and a preponderance
of the evidence establishes that the death was the result of
vehicular homicide under RCW 46.61.520, or a conviction
of vehicular assault under RCW 46.61.522, has been
obtained: PROVIDED, That in cases where a probable
criminal defendant has died in perpetration of vehicular
assault or, in cases where the perpetrator of the vehicular assault is unascertainable because he or she left the scene of
the accident in violation of RCW 46.52.020 or, because of
physical or mental infirmity or disability the perpetrator is
incapable of standing trial for vehicular assault, the department may, by a preponderance of the evidence, establish that
a vehicular assault had been committed and authorize
benefits; or
(D) The injury or death was caused by a driver in
violation of RCW 46.61.502;
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
(ii) Neither an acquittal in a criminal prosecution nor the
absence of any such prosecution is admissible in any claim
or proceeding under this chapter as evidence of the noncriminal character of the acts giving rise to such claim or
proceeding, except as provided for in (d)(i)(C) of this
subsection;
(iii) Evidence of a criminal conviction arising from acts
which are the basis for a claim or proceeding under this
chapter is admissible in such claim or proceeding for the
limited purpose of proving the criminal character of the acts;
and
(iv) Acts which, but for the insanity or mental irresponsibility of the perpetrator, would constitute criminal conduct
are deemed to be criminal conduct within the meaning of
this chapter.
(3) "Victim" means a person who suffers bodily injury
or death as a proximate result of a criminal act of another
person, the victim’s own good faith and reasonable effort to
prevent a criminal act, or his or her good faith effort to
apprehend a person reasonably suspected of engaging in a
criminal act. For the purposes of receiving benefits pursuant
to this chapter, "victim" is interchangeable with "employee"
or "worker" as defined in chapter 51.08 RCW as now or
hereafter amended.
(4) "Child," "accredited school," "dependent," "beneficiary," "average monthly wage," "director," "injury," "invalid," "permanent partial disability," and "permanent total
disability" have the meanings assigned to them in chapter
51.08 RCW as now or hereafter amended.
(5) "Gainfully employed" means engaging on a regular
and continuous basis in a lawful activity from which a
person derives a livelihood.
(6) "Private insurance" means any source of recompense
provided by contract available as a result of the claimed
injury or death at the time of such injury or death, or which
becomes available any time thereafter.
(7) "Public insurance" means any source of recompense
provided by statute, state or federal, available as a result of
the claimed injury or death at the time of such injury or
death, or which becomes available any time thereafter.
[2002 c 10 § 3; 2001 c 136 § 1; 1997 c 249 § 1; 1990 c 73
§ 1; 1987 c 281 § 6; 1985 c 443 § 11; 1983 c 239 § 4; 1980
c 156 § 2; 1977 ex.s. c 302 § 2; 1975 1st ex.s. c 176 § 1;
1973 1st ex.s. c 122 § 2.]
Findings—Purpose—2002 c 10: "(1) The legislature finds that:
(a) The trafficking in persons is a modern form of slavery, and it is
the largest manifestation of slavery today;
(b) At least seven hundred thousand persons annually, primarily
women and children, are trafficked within or across international borders;
(c) Approximately fifty thousand women and children are trafficked
into the United States each year;
(d) Trafficking in persons is not limited to the sex industry, and
includes forced labor with significant violations of labor, public health, and
human rights standards worldwide;
(e) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, the lack of access to education,
chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin; and
(f) There are not adequate services and facilities to meet the needs of
trafficking victims regarding health care, housing, education, and legal
assistance, which safely reintegrate trafficking victims into their home
countries.
(2) The legislature declares that the purpose of this act is to provide
a coordinated, humane response for victims of human trafficking through a
(2002 Ed.)
7.68.020
review of existing programs and clarification of existing options for such
victims." [2002 c 10 § 1.]
Application—1997 c 249: "This act is remedial in nature and applies
to criminal acts that occur on April 1, 1997, and thereafter." [1997 c 249
§ 2.]
Effective date—1997 c 249: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 2, 1997]." [1997 c 249 § 3.]
Effective date—1990 c 73: "This act shall take effect October 1,
1990." [1990 c 73 § 2.]
Application—1987 c 281 § 6: "The 1987 amendments to RCW
7.68.020 by section 5 [6] of this act apply only to vehicular assault under
RCW 46.61.522 or vehicular homicide under RCW 46.61.520 that occurs
after June 30, 1987." [1987 c 281 § 7.]
Effective date—1987 c 281: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 281 § 9.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Legislative intent—"Public or private insurance"—1980 c 156:
"Sections 2 through 4 of this 1980 act are required to clarify the legislative
intent concerning the phrase "public or private insurance" as used in section
13, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.130 which was
the subject of Wagner v. Labor & Indus., 92 Wn.2d 463 (1979). It has
continuously been the legislative intent to include as "public insurance" both
state and federal statutory social welfare and insurance schemes which make
available to victims or their beneficiaries recompense as a result of the
claimed injury or death, such as but not limited to old age and survivors
insurance, medicare, medicaid, benefits under the veterans’ benefits act,
longshore and harbor workers act, industrial insurance act, law enforcement
officers’ and fire fighters’ retirement system act, Washington public
employees’ retirement system act, teachers’ retirement system act, and
firemen’s relief and pension act. "Private insurance" continuously has been
intended to include sources of recompense available by contract, such as but
not limited to policies insuring a victim’s life or disability." [1980 c 156
§ 1.]
7.68.030 Duties of department—General provisions.
It shall be the duty of the director to establish and administer
a program of benefits to innocent victims of criminal acts
within the terms and limitations of this chapter. In so doing,
the director shall, in accordance with chapter 34.05 RCW,
adopt rules and regulations necessary to the administration
of this chapter, and the provisions contained in chapter 51.04
RCW, including but not limited to RCW 51.04.020,
51.04.030, 51.04.040, 51.04.050 and 51.04.100 as now or
hereafter amended, shall apply where appropriate in keeping
with the intent of this chapter. The director may apply for
and, subject to appropriation, expend federal funds under
Public Law 98-473 and any other federal program providing
financial assistance to state crime victim compensation
programs. The federal funds shall be deposited in the public
safety and education account in the general fund and may be
expended only for purposes authorized by applicable federal
law. [1989 1st ex.s. c 5 § 2; 1985 c 443 § 12; 1973 1st
ex.s. c 122 § 3.]
Severability—Application—Effective dates—1989 1st ex.s. c 5: See
notes following RCW 7.68.015.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
7.68.035 Penalty assessments in addition to fine or
bail forfeiture—Distribution—Establishment of crime
victim and witness programs in county—Contribution
required from cities and towns. (1)(a) When any person
[Title 7 RCW—page 49]
7.68.035
Title 7 RCW: Special Proceedings and Actions
is found guilty in any superior court of having committed a
crime, except as provided in subsection (2) of this section,
there shall be imposed by the court upon such convicted
person a penalty assessment. The assessment shall be in
addition to any other penalty or fine imposed by law and
shall be five hundred dollars for each case or cause of action
that includes one or more convictions of a felony or gross
misdemeanor and two hundred fifty dollars for any case or
cause of action that includes convictions of only one or more
misdemeanors.
(b) When any juvenile is adjudicated of any offense in
any juvenile offense disposition under Title 13 RCW, except
as provided in subsection (2) of this section, there shall be
imposed upon the juvenile offender a penalty assessment.
The assessment shall be in addition to any other penalty or
fine imposed by law and shall be one hundred dollars for
each case or cause of action that includes one or more
adjudications for a felony or gross misdemeanor and seventy-five dollars for each case or cause of action that includes
adjudications of only one or more misdemeanors.
(2) The assessment imposed by subsection (1) of this
section shall not apply to motor vehicle crimes defined in
Title 46 RCW except those defined in the following sections:
RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140,
46.61.502, 46.61.504, 46.52.101, 46.20.410, 46.52.020,
46.10.130, 46.09.130, 46.61.5249, 46.61.525, 46.61.685,
46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180,
46.10.090(2), and 46.09.120(2).
(3) When any person accused of having committed a
crime posts bail in superior court pursuant to the provisions
of chapter 10.19 RCW and such bail is forfeited, there shall
be deducted from the proceeds of such forfeited bail a
penalty assessment, in addition to any other penalty or fine
imposed by law, equal to the assessment which would be
applicable under subsection (1) of this section if the person
had been convicted of the crime.
(4) Such penalty assessments shall be paid by the clerk
of the superior court to the county treasurer who shall
monthly transmit the money as provided in RCW 10.82.070.
Each county shall deposit fifty percent of the money it
receives per case or cause of action under subsection (1) of
this section and retains under RCW 10.82.070, not less than
one and seventy-five one-hundredths percent of the remaining money it retains under RCW 10.82.070 and the money
it retains under chapter 3.62 RCW, and all money it receives
under subsection (7) of this section into a fund maintained
exclusively for the support of comprehensive programs to
encourage and facilitate testimony by the victims of crimes
and witnesses to crimes. A program shall be considered
"comprehensive" only after approval of the department upon
application by the county prosecuting attorney. The department shall approve as comprehensive only programs which:
(a) Provide comprehensive services to victims and
witnesses of all types of crime with particular emphasis on
serious crimes against persons and property. It is the intent
of the legislature to make funds available only to programs
which do not restrict services to victims or witnesses of a
particular type or types of crime and that such funds supplement, not supplant, existing local funding levels;
(b) Are administered by the county prosecuting attorney
either directly through the prosecuting attorney’s office or by
[Title 7 RCW—page 50]
contract between the county and agencies providing services
to victims of crime;
(c) Make a reasonable effort to inform the known victim
or his surviving dependents of the existence of this chapter
and the procedure for making application for benefits;
(d) Assist victims in the restitution and adjudication process; and
(e) Assist victims of violent crimes in the preparation
and presentation of their claims to the department of labor
and industries under this chapter.
Before a program in any county west of the Cascade
mountains is submitted to the department for approval, it
shall be submitted for review and comment to each city
within the county with a population of more than one
hundred fifty thousand. The department will consider if the
county’s proposed comprehensive plan meets the needs of
crime victims in cases adjudicated in municipal, district or
superior courts and of crime victims located within the city
and county.
(5) Upon submission to the department of a letter of
intent to adopt a comprehensive program, the prosecuting
attorney shall retain the money deposited by the county
under subsection (4) of this section until such time as the
county prosecuting attorney has obtained approval of a
program from the department. Approval of the comprehensive plan by the department must be obtained within one
year of the date of the letter of intent to adopt a comprehensive program. The county prosecuting attorney shall not
make any expenditures from the money deposited under
subsection (4) of this section until approval of a comprehensive plan by the department. If a county prosecuting
attorney has failed to obtain approval of a program from the
department under subsection (4) of this section or failed to
obtain approval of a comprehensive program within one year
after submission of a letter of intent under this section, the
county treasurer shall monthly transmit one hundred percent
of the money deposited by the county under subsection (4)
of this section to the state treasurer for deposit in the public
safety and education account established under RCW
43.08.250.
(6) County prosecuting attorneys are responsible to
make every reasonable effort to insure that the penalty
assessments of this chapter are imposed and collected.
(7) Every city and town shall transmit monthly one and
seventy-five one-hundredths percent of all money, other than
money received for parking infractions, retained under RCW
3.46.120, 3.50.100, and 35.20.220 to the county treasurer for
deposit as provided in subsection (4) of this section. [2000
c 71 § 3; 1999 c 86 § 1; 1997 c 66 § 9; 1996 c 122 § 2;
1991 c 293 § 1; 1989 c 252 § 29; 1987 c 281 § 1; 1985 c
443 § 13; 1984 c 258 § 311; 1983 c 239 § 1; 1982 1st ex.s.
c 8 § 1; 1977 ex.s. c 302 § 10.]
Effective date—2000 c 71: See note following RCW 13.40.198.
Findings—Intent—1996 c 122: "The legislature finds that current
funding for county victim-witness advocacy programs is inadequate. Also,
the state crime victims compensation program should be enhanced to
provide for increased benefits to families of victims who are killed as a
result of a criminal act. It is the intent of the legislature to provide
increased financial support for the county and state crime victim and witness
programs by requiring offenders to pay increased penalty assessments upon
conviction of a gross misdemeanor or felony crime. The increased financial
support is intended to allow county victim/witness programs to more fully
assist victims and witnesses through the criminal justice processes. On the
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
state level, the increased funds will allow the remedial intent of the crime
victims compensation program to be more fully served. Specifically, the
increased funds from offender penalty assessments will allow more
appropriate compensation for families of victims who are killed as a result
of a criminal act, including reasonable burial benefits." [1996 c 122 § 1.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Effective dates—1982 1st ex.s. c 8: "Chapter 8, Laws of 1982 1st
ex. sess. is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its existing
public institutions, and shall take effect immediately [March 27, 1982],
except sections 2, 3, and 6 of chapter 8, Laws of 1982 1st ex. sess. shall
take effect on January 1, 1983." [1982 1st ex.s. c 47 § 29; 1982 1st ex.s.
c 8 § 9.]
Intent—Reports—1982 1st ex.s. c 8: "The intent of the legislature
is that the victim of crime program will be self-funded. Toward that end,
the department of labor and industries shall not pay benefits beyond the
resources of the account. The department of labor and industries and the
administrator for the courts shall cooperatively prepare a report on the
collection of penalty assessments and the level of expenditures, and
recommend adjustments to the revenue collection mechanism to the
legislature before January 1, 1983. It is further the intent of the legislature
that the percentage of funds devoted to comprehensive programs for victim
assistance, as provided in RCW 7.68.035, be re-examined to ensure that it
does not unreasonably conflict with the higher priority of compensating
victims. To that end, the county prosecuting attorneys shall report to the
legislature no later than January 1, 1984, either individually or as a group,
on their experience and costs associated with such programs, describing the
nature and extent of the victim assistance provided." [1982 1st ex.s. c 8 §
10.]
7.68.050 Right of action for damages—Election—
Effect of election or recovery—Lien of state. (1) No right
of action at law for damages incurred as a consequence of a
criminal act shall be lost as a consequence of being entitled
to benefits under the provisions of this chapter. The victim
or his beneficiary may elect to seek damages from the
person or persons liable for the claimed injury or death, and
such victim or beneficiary is entitled to the full compensation and benefits provided by this chapter regardless of any
election or recovery made pursuant to this section.
(2) For the purposes of this section, the rights, privileges, responsibilities, duties, limitations, and procedures
contained in RCW 51.24.050 through 51.24.110 apply.
(3) If the recovery involved is against the state, the lien
of the department includes the interest on the benefits paid
by the department to or on behalf of such person under this
chapter computed at the rate of eight percent per annum
from the date of payment.
(4) The 1980 amendments to this section apply only to
injuries which occur on or after April 1, 1980. [1998 c 91
§ 1; 1980 c 156 § 3; 1977 ex.s. c 302 § 3; 1973 1st ex.s. c
122 § 5.]
Legislative intent—"Public or private insurance"—1980 c 156:
See note following RCW 7.68.020.
7.68.060 Applications for benefits—Accrual of
rights. (1) For the purposes of applying for benefits under
this chapter, the rights, privileges, responsibilities, duties,
limitations and procedures contained in RCW 51.28.020,
(2002 Ed.)
7.68.035
51.28.030, 51.28.040 and 51.28.060 shall apply: PROVIDED, That except for applications received pursuant to
subsection (4) of this section, no compensation of any kind
shall be available under this chapter if:
(a) An application for benefits is not received by the
department within two years after the date the criminal act
was reported to a local police department or sheriff’s office
or the date the rights of dependents or beneficiaries accrued,
unless the director has determined that "good cause" exists
to expand the time permitted to receive the application.
"Good cause" shall be determined by the department on a
case-by-case basis and may extend the period of time in
which an application can be received for up to five years
after the date the criminal act was reported to a local police
department or sheriff’s office or the date the rights of
dependents or beneficiaries accrued; or
(b) The criminal act is not reported by the victim or
someone on his or her behalf to a local police department or
sheriff’s office within twelve months of its occurrence or, if
it could not reasonably have been reported within that
period, within twelve months of the time when a report
could reasonably have been made. In making determinations
as to reasonable time limits, the department shall give
greatest weight to the needs of the victims.
(2) This section shall apply only to criminal acts
reported after December 31, 1985.
(3) Because victims of childhood criminal acts may
repress conscious memory of such criminal acts far beyond
the age of eighteen, the rights of adult victims of childhood
criminal acts shall accrue at the time the victim discovers or
reasonably should have discovered the elements of the crime.
In making determinations as to reasonable time limits, the
department shall give greatest weight to the needs of the
victim.
(4) A right to benefits under this chapter is available to
any victim of a person against whom the state initiates
proceedings under chapter 71.09 RCW. The right created
under this subsection shall accrue when the victim is notified
of proceedings under chapter 71.09 RCW or the victim is
interviewed, deposed, or testifies as a witness in connection
with the proceedings. An application for benefits under this
subsection must be received by the department within two
years after the date the victim’s right accrued unless the
director determines that good cause exists to expand the time
to receive the application. The director shall determine
"good cause" on a case-by-case basis and may extend the
period of time in which an application can be received for
up to five years after the date the right of the victim accrued.
Benefits under this subsection shall be limited to compensation for costs or losses incurred on or after the date the
victim’s right accrues for a claim allowed under this subsection. [2001 c 153 § 1; 1996 c 122 § 4; 1990 c 3 § 501;
1986 c 98 § 1; 1985 c 443 § 14; 1977 ex.s. c 302 § 4; 1975
1st ex.s. c 176 § 2; 1973 1st ex.s. c 122 § 6.]
Findings—Intent—1996 c 122: See note following RCW 7.68.035.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
7.68.070 Benefits—Right to and amount—
Limitations. The right to benefits under this chapter and the
[Title 7 RCW—page 51]
7.68.070
Title 7 RCW: Special Proceedings and Actions
amount thereof will be governed insofar as is applicable by
the provisions contained in chapter 51.32 RCW except as
provided in this section:
(1) The provisions contained in RCW 51.32.015,
51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and
51.32.200 are not applicable to this chapter.
(2) Each victim injured as a result of a criminal act,
including criminal acts committed between July 1, 1981, and
January 1, 1983, or the victim’s family or dependents in case
of death of the victim, are entitled to benefits in accordance
with this chapter, subject to the limitations under RCW
7.68.015. The rights, duties, responsibilities, limitations, and
procedures applicable to a worker as contained in RCW
51.32.010 are applicable to this chapter.
(3) The limitations contained in RCW 51.32.020 are
applicable to claims under this chapter. In addition thereto,
no person or spouse, child, or dependent of such person is
entitled to benefits under this chapter when the injury for
which benefits are sought, was:
(a) The result of consent, provocation, or incitement by
the victim, unless an injury resulting from a criminal act
caused the death of the victim;
(b) Sustained while the crime victim was engaged in the
attempt to commit, or the commission of, a felony; or
(c) Sustained while the victim was confined in any
county or city jail, federal jail or prison or in any other
federal institution, or any state correctional institution
maintained and operated by the department of social and
health services or the department of corrections, prior to
release from lawful custody; or confined or living in any
other institution maintained and operated by the department
of social and health services or the department of corrections.
(4) The benefits established upon the death of a worker
and contained in RCW 51.32.050 shall be the benefits
obtainable under this chapter and provisions relating to
payment contained in that section shall equally apply under
this chapter: PROVIDED, That benefits for burial expenses
shall not exceed the amount paid by the department in case
of the death of a worker as provided in chapter 51.32 RCW
in any claim: PROVIDED FURTHER, That if the criminal
act results in the death of a victim who was not gainfully
employed at the time of the criminal act, and who was not
so employed for at least three consecutive months of the
twelve months immediately preceding the criminal act;
(a) Benefits payable to an eligible surviving spouse,
where there are no children of the victim at the time of the
criminal act who have survived the victim or where such
spouse has legal custody of all of his or her children, shall
be limited to burial expenses and a lump sum payment of
seven thousand five hundred dollars without reference to
number of children, if any;
(b) Where any such spouse has legal custody of one or
more but not all of such children, then such burial expenses
shall be paid, and such spouse shall receive a lump sum
payment of three thousand seven hundred fifty dollars and
any such child or children not in the legal custody of such
spouse shall receive a lump sum of three thousand seven
hundred fifty dollars to be divided equally among such child
or children;
(c) If any such spouse does not have legal custody of
any of the children, the burial expenses shall be paid and the
[Title 7 RCW—page 52]
spouse shall receive a lump sum payment of up to three
thousand seven hundred fifty dollars and any such child or
children not in the legal custody of the spouse shall receive
a lump sum payment of up to three thousand seven hundred
fifty dollars to be divided equally among the child or
children;
(d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the
time of the criminal act shall receive a lump sum payment
of three thousand seven hundred fifty dollars up to a total of
two such children and where there are more than two such
children the sum of seven thousand five hundred dollars
shall be divided equally among such children.
No other benefits may be paid or payable under these
circumstances.
(5) The benefits established in RCW 51.32.060 for
permanent total disability proximately caused by the criminal
act shall be the benefits obtainable under this chapter, and
provisions relating to payment contained in that section
apply under this chapter: PROVIDED, That if a victim
becomes permanently and totally disabled as a proximate
result of the criminal act and was not gainfully employed at
the time of the criminal act, the victim shall receive monthly
during the period of the disability the following percentages,
where applicable, of the average monthly wage determined
as of the date of the criminal act pursuant to RCW
51.08.018:
(a) If married at the time of the criminal act, twentynine percent of the average monthly wage.
(b) If married with one child at the time of the criminal
act, thirty-four percent of the average monthly wage.
(c) If married with two children at the time of the
criminal act, thirty-eight percent of the average monthly
wage.
(d) If married with three children at the time of the
criminal act, forty-one percent of the average monthly wage.
(e) If married with four children at the time of the
criminal act, forty-four percent of the average monthly wage.
(f) If married with five or more children at the time of
the criminal act, forty-seven percent of the average monthly
wage.
(g) If unmarried at the time of the criminal act, twentyfive percent of the average monthly wage.
(h) If unmarried with one child at the time of the
criminal act, thirty percent of the average monthly wage.
(i) If unmarried with two children at the time of the
criminal act, thirty-four percent of the average monthly
wage.
(j) If unmarried with three children at the time of the
criminal act, thirty-seven percent of the average monthly
wage.
(k) If unmarried with four children at the time of the
criminal act, forty percent of the average monthly wage.
(l) If unmarried with five or more children at the time
of the criminal act, forty-three percent of the average
monthly wage.
(6) The benefits established in RCW 51.32.080 for
permanent partial disability shall be the benefits obtainable
under this chapter, and provisions relating to payment
contained in that section equally apply under this chapter.
(7) The benefits established in RCW 51.32.090 for
temporary total disability shall be the benefits obtainable
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
under this chapter, and provisions relating to payment
contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability
benefits under this chapter if such person was not gainfully
employed at the time of the criminal act, and was not so
employed for at least three consecutive months of the twelve
months immediately preceding the criminal act.
(8) The benefits established in RCW 51.32.095 for
continuation of benefits during vocational rehabilitation shall
be benefits obtainable under this chapter, and provisions
relating to payment contained in that section apply under this
chapter: PROVIDED, That benefits shall not exceed five
thousand dollars for any single injury.
(9) The provisions for lump sum payment of benefits
upon death or permanent total disability as contained in
RCW 51.32.130 apply under this chapter.
(10) The provisions relating to payment of benefits to,
for or on behalf of workers contained in RCW 51.32.040,
51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135,
51.32.140, 51.32.150, 51.32.160, and 51.32.210 are applicable to payment of benefits to, for or on behalf of victims
under this chapter.
(11) No person or spouse, child, or dependent of such
person is entitled to benefits under this chapter where the
person making a claim for such benefits has refused to give
reasonable cooperation to state or local law enforcement
agencies in their efforts to apprehend and convict the
perpetrator(s) of the criminal act which gave rise to the
claim.
(12) In addition to other benefits provided under this
chapter, victims of sexual assault are entitled to receive
appropriate counseling. Fees for such counseling shall be
determined by the department in accordance with RCW
51.04.030, subject to the limitations of RCW 7.68.080.
Counseling services may include, if determined appropriate
by the department, counseling of members of the victim’s
immediate family, other than the perpetrator of the assault.
(13) Except for medical benefits authorized under RCW
7.68.080, no more than thirty thousand dollars shall be
granted as a result of a single injury or death, except that
benefits granted as the result of total permanent disability or
death shall not exceed forty thousand dollars.
(14) Notwithstanding other provisions of this chapter
and Title 51 RCW, benefits payable for total temporary
disability under subsection (7) of this section, shall be
limited to fifteen thousand dollars.
(15) Any person who is responsible for the victim’s
injuries, or who would otherwise be unjustly enriched as a
result of the victim’s injuries, shall not be a beneficiary
under this chapter.
(16) Crime victims’ compensation is not available to
pay for services covered under chapter 74.09 RCW or Title
XIX of the federal social security act, except to the extent
that the costs for such services exceed service limits established by the department of social and health services or,
during the 1993-95 fiscal biennium, to the extent necessary
to provide matching funds for federal medicaid reimbursement.
(17) In addition to other benefits provided under this
chapter, immediate family members of a homicide victim
may receive appropriate counseling to assist in dealing with
the immediate, near-term consequences of the related effects
(2002 Ed.)
7.68.070
of the homicide. Fees for counseling shall be determined by
the department in accordance with RCW 51.04.030, subject
to the limitations of RCW 7.68.080. Payment of counseling
benefits under this section may not be provided to the
perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides
committed on or after July 1, 1992.
(18) A dependent mother, father, stepmother, or stepfather, as defined in RCW 51.08.050, who is a survivor of her
or his child’s homicide, who has been requested by a law
enforcement agency or a prosecutor to assist in the judicial
proceedings related to the death of the victim, and who is
not domiciled in Washington state at the time of the request,
may receive a lump-sum payment upon arrival in this state.
Total benefits under this subsection may not exceed seven
thousand five hundred dollars. If more than one dependent
parent is eligible for this benefit, the lump-sum payment of
seven thousand five hundred dollars shall be divided equally
among the dependent parents. [2002 c 54 § 1; 1996 c 122
§ 5; 1993 sp.s. c 24 § 912; 1992 c 203 § 1; 1990 c 3 § 502;
1989 1st ex.s. c 5 § 5; 1989 c 12 § 2; 1987 c 281 § 8; 1985
c 443 § 15; 1983 c 239 § 2; 1982 1st ex.s. c 8 § 2; 1981 1st
ex.s. c 6 § 26; 1977 ex.s. c 302 § 5; 1975 1st ex.s. c 176 §
3; 1973 1st ex.s. c 122 § 7.]
Findings—Intent—1996 c 122: See note following RCW 7.68.035.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—Application—Effective dates—1989 1st ex.s. c 5: See
notes following RCW 7.68.015.
Effective date—1987 c 281: See note following RCW 7.68.020.
Application—1985 c 443 § 15: "The amendments to RCW 7.68.070
by this act apply only to criminal acts occurring after December 31, 1985."
[1986 c 98 § 3; 1985 c 443 § 17.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Effective dates—Intent—Reports—1982 1st ex.s. c 8: See notes
following RCW 7.68.035.
Effective date—Severability—1981 1st ex.s. c 6: See notes
following RCW 74.04.005.
7.68.075 Marital status—Payment for or on account
of children. Notwithstanding the provisions of any of the
sections, as now or hereafter amended, of Title 51 RCW
which are made applicable to this chapter, the marital status
of all victims shall be deemed to be fixed as of the date of
the criminal act. All references to the child or children
living or conceived of the victim in this chapter shall be
deemed to refer to such child or children as of the date of
the criminal act unless the context clearly indicates the contrary.
Payments for or on account of any such child or
children shall cease when such child is no longer a "child"
as defined in RCW 51.08.030, as now or hereafter amended,
or on the death of any such child whichever occurs first.
Payments to the victim or surviving spouse for or on
account of any such child or children shall be made only
when the victim or surviving spouse has legal custody of any
such child or children. Where the victim or surviving
spouse does not have such legal custody any payments for
or on account of any such child or children shall be made to
[Title 7 RCW—page 53]
7.68.075
Title 7 RCW: Special Proceedings and Actions
the person having legal custody of such child or children and
the amount of payments shall be subtracted from the
payments which would have been due the victim or surviving spouse had legal custody not been transferred to another
person. [1977 ex.s. c 302 § 6; 1975 1st ex.s. c 176 § 9.]
7.68.080 Medical aid—Construction. The provisions
of chapter 51.36 RCW as now or hereafter amended govern
the provision of medical aid under this chapter to victims
injured as a result of a criminal act, including criminal acts
committed between July 1, 1981, and January 1, 1983,
except that:
(1) The provisions contained in RCW 51.36.030,
51.36.040, and 51.36.080 as now or hereafter amended do
not apply to this chapter;
(2) The specific provisions of RCW 51.36.020 as now
or hereafter amended relating to supplying emergency
transportation do not apply: PROVIDED, That:
(a) When the injury to any victim is so serious as to
require the victim’s being taken from the place of injury to
a place of treatment, reasonable transportation costs to the
nearest place of proper treatment shall be reimbursed from
the fund established pursuant to RCW 7.68.090; and
(b) In the case of alleged rape or molestation of a child
the reasonable costs of a colposcope examination shall be
reimbursed from the fund pursuant to RCW 7.68.090.
Hospital, clinic, and medical charges along with all related
fees under this chapter shall conform to regulations promulgated by the director. The director shall set these service
levels and fees at a level no lower than those established by
the department of social and health services under Title 74
RCW. In establishing fees for medical and other health care
services, the director shall consider the director’s duty to
purchase health care in a prudent, cost-effective manner.
The director shall establish rules adopted in accordance with
chapter 34.05 RCW. Nothing in this chapter may be
construed to require the payment of interest on any billing,
fee, or charge. [1990 c 3 § 503; 1989 1st ex.s. c 5 § 6;
1986 c 98 § 2; 1983 c 239 § 3; 1981 1st ex.s. c 6 § 27;
1975 1st ex.s. c 176 § 4; 1973 1st ex.s. c 122 § 8.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—Application—Effective dates—1989 1st ex.s. c 5: See
notes following RCW 7.68.015.
Effective date—Severability—1981 1st ex.s. c 6: See notes
following RCW 74.04.005.
7.68.085 Cap on medical benefits—Alternative
programs—Plan for reduction of expenditures. The
director of labor and industries shall institute a cap on
medical benefits of one hundred fifty thousand dollars per
injury or death. Payment for medical services in excess of
the cap shall be made available to any innocent victim under
the same conditions as other medical services and if the
medical services are:
(1) Necessary for a previously accepted condition;
(2) Necessary to protect the victim’s life or prevent
deterioration of the victim’s previously accepted condition;
and
(3) Not available from an alternative source.
The director of financial management and the director
of labor and industries shall monitor expenditures from the
[Title 7 RCW—page 54]
public safety and education account. Once each fiscal
quarter, the director of financial management shall determine
if expenditures from the public safety and education account
during the prior fiscal quarter exceeded allotments by more
than ten percent. Within thirty days of a determination that
expenditures exceeded allotments by more than ten percent,
the director of financial management shall develop and
implement a plan to reduce expenditures from the account to
a level that does not exceed the allotments. Such a plan
may include across-the-board reductions in allotments from
the account to all nonjudicial agencies except for the crime
victims compensation program. In implementing the plan,
the director of financial management shall seek the cooperation of judicial agencies in reducing their expenditures from
the account. The director of financial management shall
notify the legislative fiscal committees prior to implementation of the plan.
Development and implementation of the plan is not
required if the director of financial management notifies the
legislative fiscal committees that increases in the official
revenue forecast for the public safety and education account
for that fiscal quarter will eliminate the need to reduce
expenditures from the account. The official revenue forecast
for the public safety and education account shall be prepared
by the economic and revenue forecast council pursuant to
RCW 82.33.020 and 82.33.010.
For the purposes of this section, an individual will not
be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for
medical expenses or pain and suffering, in order to qualify
for an alternative source of payment.
The director shall, in cooperation with the department of
social and health services, establish by October 1, 1989, a
process to aid crime victims in identifying and applying for
appropriate alternative benefit programs, if any, administered
by the department of social and health services. [1990 c 3
§ 504; 1989 1st ex.s. c 5 § 3.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—Transition plans—1989 1st ex.s. c 5 § 3: "The cap
on medical benefits established by section 3 of this act shall apply equally
to current and future recipients of crime victims’ compensation benefits.
The director shall prepare individual transition plans for individuals who
exceed the medical benefit cap on July 1, 1989. The transition plans must
be completed within ninety days of July 1, 1989." [1989 1st ex.s. c 5 § 4.]
Severability—Application—Effective dates—1989 1st ex.s. c 5: See
notes following RCW 7.68.015.
7.68.090 Establishment of funds. The director shall
establish such fund or funds, separate from existing funds,
necessary to administer this chapter, and payment to these
funds shall be from legislative appropriation, statutory
provision, reimbursement and subrogation as provided in this
chapter, and from any contributions or grants specifically so
directed. [1995 c 234 § 3; 1973 1st ex.s. c 122 § 9.]
Finding—1995 c 234: See note following RCW 72.09.095.
7.68.100 Physicians’ reporting. The requirements
relating to physicians’ reporting contained in RCW
51.36.060 and 51.48.060 as now or hereafter amended shall
apply under this chapter. Any funds collected pursuant to
RCW 51.48.060 as now or hereafter amended shall be paid
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
into the fund established pursuant to RCW 7.68.090. [1973
1st ex.s. c 122 § 10.]
7.68.110 Appeals. The provisions contained in
chapter 51.52 RCW relating to appeals shall govern appeals
under this chapter: PROVIDED, That no provision contained in chapter 51.52 RCW concerning employers as
parties to any settlement, appeal, or other action shall apply
to this chapter: PROVIDED FURTHER, That appeals taken
from a decision of the board of industrial insurance appeals
under this chapter shall be governed by the provisions
relating to judicial review of administrative decisions
contained in RCW 34.05.510 through 34.05.598, and the
department shall have the same right of review from a
decision of the board of industrial insurance appeals as does
the claimant: PROVIDED FURTHER, That the time in
which to file a protest or appeal from any order, decision, or
award under this chapter shall be ninety days from the date
the order, decision, or award is communicated to the parties.
[1997 c 102 § 1; 1989 c 175 § 40; 1977 ex.s. c 302 § 7;
1975 1st ex.s. c 176 § 5; 1973 1st ex.s. c 122 § 11.]
Effective date—1989 c 175: See note following RCW 34.05.010.
7.68.120 Reimbursement—Restitution to victim—
Notice—Fees—Order to withhold and deliver—
Limitation. Any person who has committed a criminal act
which resulted in injury compensated under this chapter may
be required to make reimbursement to the department as
provided in this section.
(1) Any payment of benefits to or on behalf of a victim
under this chapter creates a debt due and owing to the
department by any person found to have committed the
criminal act in either a civil or criminal court proceeding in
which he or she is a party. If there has been a superior or
district court order, or an order of the indeterminate sentence
review board or the department of social and health services,
as provided in subsection (4) of this section, the debt shall
be limited to the amount provided for in the order. A court
order shall prevail over any other order. If, in a criminal
proceeding, a person has been found to have committed the
criminal act that results in the payment of benefits to a
victim and the court in the criminal proceeding does not
enter a restitution order, the department shall, within one
year of imposition of the sentence, petition the court for
entry of a restitution order.
(2)(a) The department may issue a notice of debt due
and owing to the person found to have committed the
criminal act, and shall serve the notice on the person in the
manner prescribed for the service of a summons in a civil
action or by certified mail. The department shall file the
notice of debt due and owing along with proof of service
with the superior court of the county where the criminal act
took place. The person served the notice shall have thirty
days from the date of service to respond to the notice by
requesting a hearing in superior court.
(b) If a person served a notice of debt due and owing
fails to respond within thirty days, the department may seek
a default judgment. Upon entry of a judgment in an action
brought pursuant to (a) of this subsection, the clerk shall
enter the order in the execution docket. The filing fee shall
be added to the amount of the debt indicated in the judg(2002 Ed.)
7.68.100
ment. The judgment shall become a lien upon all real and
personal property of the person named in the judgment as in
other civil cases. The judgment shall be subject to execution, garnishment, or other procedures for collection of a
judgment.
(3)(a) The director, or the director’s designee, may issue
to any person or organization an order to withhold and
deliver property of any kind if there is reason to believe that
the person or organization possesses property that is due,
owing, or belonging to any person against whom a judgment
for a debt due and owing has been entered under subsection
(2) of this section. For purposes of this subsection, "person
or organization" includes any individual, firm, association,
corporation, political subdivision of the state, or agency of
the state.
(b) The order to withhold and deliver must be served in
the manner prescribed for the service of a summons in a
civil action or by certified mail, return receipt requested.
Any person or organization upon whom service has been
made shall answer the order within twenty days exclusive of
the day of service, under oath and in writing, and shall make
true answers to the matters inquired of therein.
(c) If there is in the possession of the person or organization served with the order any property that might be
subject to the claim of the department, the person or organization must immediately withhold such property and deliver
the property to the director or the director’s authorized
representative immediately upon demand.
(d) If the person or organization served the order fails
to timely answer the order, the court may render judgment
by default against the person or organization for the full
amount claimed by the director in the order plus costs.
(e) If an order to withhold and deliver is served upon an
employer and the property found to be subject to the notice
is wages, the employer may assert in the answer all exemptions to which the wage earner might be entitled as provided
by RCW 6.27.150.
(4) Upon being placed on work release pursuant to
chapter 72.65 RCW, or upon release from custody of a state
correctional facility on parole, any convicted person who
owes a debt to the department as a consequence of a
criminal act may have the schedule or amount of payments
therefor set as a condition of work release or parole by the
department of social and health services or indeterminate
sentence review board respectively, subject to modification
based on change of circumstances. Such action shall be
binding on the department.
(5) Any requirement for payment due and owing the
department by a convicted person under this chapter may be
waived, modified downward or otherwise adjusted by the
department in the interest of justice, the well-being of the
victim, and the rehabilitation of the individual.
(6) The department shall not seek payment for a debt
due and owing if such action would deprive the victim of the
crime giving rise to the claim under this chapter of the
benefit of any property to which the victim would be entitled
under RCW 26.16.030. [1995 c 33 § 1; 1973 1st ex.s. c 122
§ 12.]
7.68.125 Erroneous or fraudulent payment—
Repayment, when—Order contending a debt due—
[Title 7 RCW—page 55]
7.68.125
Title 7 RCW: Special Proceedings and Actions
Filing—Fee—Service—Penalty. (1) Whenever any
payment under this chapter is made because of clerical error,
mistake of identity, innocent misrepresentation by or on
behalf of the recipient thereof mistakenly acted upon, or any
other circumstance of a similar nature, all not induced by
fraud, the recipient thereof shall repay it and recoupment
may be made from any future payments due to the recipient
under this chapter. The department must make claim for
such repayment or recoupment within one year of the
making of any such payment or it will be deemed that any
claim therefor has been waived. The department may
exercise its discretion to waive, in whole or in part, the
amount of any such timely claim.
(2) Whenever any payment under this chapter has been
made pursuant to an adjudication by the department, board,
or any court and timely appeal therefrom has been made and
the final decision is that any such payment was made
pursuant to an erroneous adjudication, the recipient thereof
shall repay it and recoupment may be made from any future
payments due to the recipient under this chapter. The department may exercise its discretion to waive, in whole or in
part, the amount thereof.
(3) Whenever any payment under this chapter has been
induced by fraud the recipient thereof shall repay any such
payment together with a penalty of fifty percent of the total
of any such payments and the amount of such total sum may
be recouped from any future payments due to the recipient
under this chapter and the amount of the penalty shall be
placed in the fund or funds established pursuant to RCW
7.68.090.
(4) If the department issues an order contending a debt
due and owing under this section, the order is subject to
chapter 51.52 RCW. If the order becomes final under
chapter 51.52 RCW, the director or the director’s designee
may file with the clerk of any county within the state a
warrant in the amount stated in the order plus interest
accruing from the date the order became final. The clerk of
the county in which the warrant is filed shall immediately
enter the warrant in the execution docket. The amount of
the warrant as docketed becomes a lien upon all real and
personal property of the person against whom the warrant is
issued, the same as a judgment in a civil case. The warrant
shall then be subject to execution, garnishment, and other
procedures for the collection of judgments. The filing fee
must be added to the amount of the warrant. The department shall mail a conformed copy of the warrant to the
person named within seven working days of filing with the
clerk.
(5)(a) The director, or the director’s designee, may issue
to any person or organization an order to withhold and
deliver property of any kind if there is reason to believe that
the person or organization possesses property that is due,
owing, or belonging to any person against whom a final
order of debt due and owing has been entered. For purposes
of this subsection, "person or organization" includes any
individual, firm, association, corporation, political subdivision of the state, or agency of the state.
(b) The order to withhold and deliver must be served in
the manner prescribed for the service of a summons in a
civil action or by certified mail, return receipt requested.
Any person or organization upon whom service has been
made shall answer the order within twenty days exclusive of
[Title 7 RCW—page 56]
the day of service, under oath and in writing, and shall make
true answers to the matters inquired of therein.
(c) If there is in the possession of the person or organization served with the order any property that might be
subject to the claim of the department, the person or organization must immediately withhold such property and deliver
the property to the director or the director’s authorized
representative immediately upon demand.
(d) If the person or organization served the order fails
to timely answer the order, the court may render judgment
by default against the person or organization for the full
amount claimed by the director in the order plus costs.
(e) If an order to withhold and deliver is served upon an
employer and the property found to be subject to the notice
is wages, the employer may assert in the answer all exemptions to which the wage earner might be entitled as provided
by RCW 6.27.150. [1995 c 33 § 2; 1975 1st ex.s. c 176 §
8.]
7.68.130 Public or private insurance—Attorneys’
fees and costs of victim. (1) Benefits payable pursuant to
this chapter shall be reduced by the amount of any other
public or private insurance available, less a proportionate
share of reasonable attorneys’ fees and costs, if any, incurred
by the victim in obtaining recovery from the insurer.
Calculation of a proportionate share of attorneys’ fees and
costs shall be made under the formula established in RCW
51.24.060. The department or the victim may require court
approval of costs and attorneys’ fees or may petition a court
for determination of the reasonableness of costs and
attorneys’ fees.
(2) Benefits payable after 1980 to victims injured or
killed before 1980 shall be reduced by any other public or
private insurance including but not limited to social security.
(3) Payment by the department under this chapter shall
be secondary to other insurance benefits, notwithstanding the
provision of any contract or coverage to the contrary. In the
case of private life insurance proceeds, the first forty
thousand dollars of the proceeds shall not be considered for
purposes of any reduction in benefits.
(4) For the purposes of this section, the collection
methods available under RCW 7.68.125(4) apply. [1995 c
33 § 3; 1985 c 443 § 16; 1980 c 156 § 4; 1977 ex.s. c 302
§ 8; 1973 1st ex.s. c 122 § 13.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Legislative intent—"Public or private insurance"—1980 c 156:
See note following RCW 7.68.020.
7.68.140 Confidentiality. Information contained in
the claim files and records of victims, under the provisions
of this chapter, shall be deemed confidential and shall not be
open to public inspection: PROVIDED, That, except as
limited by state or federal statutes or regulations, such
information may be provided to public employees in the
performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal
statutes or regulations a claimant or a representative of a
claimant, be it an individual or an organization, may review
a claim file or receive specific information therefrom upon
the presentation of the signed authorization of the claimant:
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
7.68.140
PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians
giving medical advice to the department regarding any claim
may, at the discretion of the department and as not otherwise
limited by state or federal statutes or regulations, inspect the
claim files and records of such victims, and other persons
may, when rendering assistance to the department at any
stage of the proceedings on any matter pertaining to the
administration of this chapter, inspect the claim files and
records of such victims at the discretion of the department
and as not otherwise limited by state or federal statutes or
regulations. [1997 c 310 § 1; 1975 1st ex.s. c 176 § 6; 1973
1st ex.s. c 122 § 14.]
7.68.160. In respect to such claims, the department shall
proceed in the same manner and with the same authority as
provided in this chapter with respect to those claims filed
pursuant to RCW 7.68.060 as now or hereafter amended.
[1975 1st ex.s. c 176 § 10.]
7.68.145 Release of information in performance of
official duties. Notwithstanding any other provision of law,
all law enforcement, criminal justice, or other governmental
agencies, or hospital; any physician or other practitioner of
the healing arts; or any other organization or person having
possession or control of any investigative or other information pertaining to any alleged criminal act or victim concerning which a claim for benefits has been filed under this
chapter, shall, upon request, make available to and allow the
reproduction of any such information by the section of the
department administering this chapter or other public
employees in their performance of their official duties under
this chapter.
No person or organization, public or private, shall incur
any legal liability by reason of releasing any such information to the director of labor and industries or the section of
the department which administers this chapter or other public
employees in the performance of their official duties under
this chapter. [1975 1st ex.s. c 176 § 7.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.150 Benefits, payments and costs to be funded
and accounted for separately. All benefits and payments
made, and all administrative costs accrued, pursuant to this
chapter shall be funded and accounted for separate from the
other operations and responsibilities of the department.
[1973 1st ex.s. c 122 § 15.]
7.68.160 Claims of persons injured prior to effective
date. Any person who has been injured as a result of a
"criminal act" as herein defined on or after January 1, 1972
up to July 1, 1974, who would otherwise be eligible for
benefits under this chapter, may for a period of ninety days
from July 1, 1974, file a claim for benefits with the department on a form provided by the department. The department shall investigate and review such claims, and, within
two hundred ten days of July 1, 1974, shall report to the
governor its findings and recommendations as to such
claims, along with a statement as to what special legislative
relief, if any, the department recommends should be provided. [1986 c 158 § 2; 1973 1st ex.s. c 122 § 16.]
Effective date—1973 1st ex.s. c 122: See RCW 7.68.900 and note
following.
7.68.165 Application of chapter to claims filed
under RCW 7.68.160. The rights, privileges, responsibilities, duties, limitations and procedures contained in this
chapter shall apply to those claims filed pursuant to RCW
(2002 Ed.)
7.68.170 Examination costs of sexual assault victims
paid by state. No costs incurred by a hospital or other
emergency medical facility for the examination of the victim
of a sexual assault, when such examination is performed for
the purposes of gathering evidence for possible prosecution,
shall be billed or charged directly or indirectly to the victim
of such assault. Such costs shall be paid by the state
pursuant to this chapter. [1979 ex.s. c 219 § 11.]
7.68.200 Payment for reenactments of crimes—
Contracts—Deposits—Damages. After hearing, as provided in RCW 7.68.210, every person, firm, corporation,
partnership, association or other legal entity contracting with
any person or the representative or assignee of any person,
accused or convicted of a crime in this state, with respect to
the reenactment of such crime, by way of a movie, book,
magazine article, tape recording, phonograph record, radio or
television presentation, live entertainment of any kind, or
from the expression of such accused or convicted person’s
thoughts, feelings, opinion or emotions regarding such crime,
shall submit a copy of such contract to the department and
pay over to the department any moneys which would
otherwise, by terms of such contract, be owing to the person
so accused or convicted or his representatives. The department shall deposit such moneys in an escrow account for the
benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (i) such convicted person; or (ii) such accused person, but only if such
accused person is eventually convicted of the crime and
provided that such victim, within five years of the date of
the establishment of such escrow account, brings a civil
action in a court of competent jurisdiction and recovers a
money judgment for damages against such person or his
representatives. [1979 ex.s. c 219 § 13.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.210 Payment may be directed based on
contract. The prosecutor or the department may, at any
time after the person’s arraignment petition any superior
court for an order, following notice and hearing, directing
that any contract described in RCW 7.68.200 shall be paid
in accordance with RCW 7.68.200 through 7.68.280. [1979
ex.s. c 219 § 12.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.220 Notice published of moneys in escrow. The
department, at least once every six months for five years
from the date it receives such moneys, shall cause to have
published a legal notice in newspapers of general circulation
in the county wherein the crime was committed and in
counties contiguous to such county advising such victims
[Title 7 RCW—page 57]
7.68.220
Title 7 RCW: Special Proceedings and Actions
that such escrow moneys are available to satisfy money
judgments pursuant to this section. For crimes committed in
a city located within a county having a population of one
million or more, the notice provided for in this section shall
be in newspapers having general circulation in such city.
The department may, in its discretion, provide for such additional notice as it deems necessary. [1979 ex.s. c 219 § 14.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.230 Payment to accused if charges dismissed,
acquitted. Upon dismissal of charges or acquittal of any
accused person the department shall immediately pay over to
such accused person the moneys in the escrow account
established on behalf of such accused person. [1979 ex.s. c
219 § 15.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.240 Payment if no actions pending. Upon a
showing by any convicted person or the state that five years
have elapsed from the establishment of such escrow account
and further that no actions are pending against such convicted person pursuant to RCW 7.68.200 through 7.68.280, the
department shall immediately pay over fifty percent of any
moneys in the escrow account to such person or his legal
representatives and fifty percent of any moneys in the
escrow account to the fund under RCW 7.68.035(4). [1988
c 155 § 4; 1979 ex.s. c 219 § 16.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.250 Persons not guilty for mental reasons
deemed convicted. For purposes of *this act, a person
found not guilty as a result of the defense of mental disease
or defect shall be deemed to be a convicted person. [1979
ex.s. c 219 § 17.]
*Reviser’s note: "this act" literally refers to 1979 ex.s. c 219. As
used in this section, the term apparently refers to only sections 12 through
20 of that act, which are codified as RCW 7.68.200 through 7.68.280.
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.260 Time for filing action begins when escrow
account established. Notwithstanding any inconsistent
provision of the civil practice and rules with respect to the
timely bringing of an action, the five year period provided
for in RCW 7.68.200 shall not begin to run until an escrow
account has been established. [1979 ex.s. c 219 § 18.]
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.270 Escrow moneys may be used for legal
representation. Notwithstanding the foregoing provisions
of *this act the department shall make payments from an
escrow account to any person accused or convicted of a
crime upon the order of a court of competent jurisdiction
after a showing by such person that such moneys shall be
used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person,
including the appeals process. [1979 ex.s. c 219 § 19.]
[Title 7 RCW—page 58]
*Reviser’s note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.280 Actions to avoid law null and void. Any
action taken by any person accused or convicted of a crime,
whether by way of execution of a power of attorney,
creation of corporate entities or otherwise, to defeat the
purpose of *this act shall be null and void as against the
public policy of this state. [1979 ex.s. c 219 § 20.]
*Reviser’s note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW
70.125.010.
7.68.290 Restitution—Disposition when victim dead
or not found. If a defendant has paid restitution pursuant
to court order under RCW 9.92.060, *9.94A.750,
*9.94A.753, 9.95.210, or 9A.20.030 and the victim entitled
to restitution cannot be found or has died, the clerk of the
court shall deposit with the county treasurer the amount of
restitution unable to be paid to the victim. The county
treasurer shall monthly transmit the money to the state
treasurer for deposit as provided in RCW 43.08.250.
Moneys deposited under this section shall be used to compensate victims of crimes through the crime victims compensation fund. [1997 c 358 § 3; 1987 c 281 § 2.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1987 c 281: See note following RCW 7.68.020.
7.68.300 Finding. The legislature finds compelling
state interests in compensating the victims of crime and in
preventing criminals from profiting from their crimes. RCW
7.68.310 through 7.68.340 are intended to advance both of
these interests. [1993 c 288 § 3.]
7.68.310 Property subject to seizure and forfeiture.
The following are subject to seizure and forfeiture and no
property right exists in them:
(1) All tangible or intangible property, including any
right or interest in such property, acquired by a person
convicted of a crime for which there is a victim of the crime
and to the extent the acquisition is the direct or indirect
result of the convicted person having committed the crime.
Such property includes but is not limited to the convicted
person’s remuneration for, or contract interest in, any
reenactment or depiction or account of the crime in a movie,
book, magazine, newspaper or other publication, audio
recording, radio or television presentation, live entertainment
of any kind, or any expression of the convicted person’s
thoughts, feelings, opinions, or emotions regarding the crime.
(2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.
[1993 c 288 § 4.]
7.68.320 Seizure and forfeiture—Procedure. (1)
Any property subject to seizure and forfeiture under RCW
7.68.310 may be seized by the prosecuting attorney of the
county in which the convicted person was convicted upon
process issued by any superior court having jurisdiction over
the property.
(2002 Ed.)
Victims of Crimes—Compensation, Assistance
(2) Proceedings for forfeiture are commenced by a
seizure. Seizure of real property shall include the filing of
a lis pendens by the seizing agency. Real property seized
under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of
forfeiture is entered, whichever is later, except that such real
property seized may be transferred or conveyed to any
person or entity who acquires title by foreclosure or deed in
lieu of foreclosure of a security interest.
(3) The prosecuting attorney who seized the property
shall cause notice to be served within fifteen days following
the seizure on the owner of the property seized and the
person in charge thereof and any person having any known
right or interest therein, including any community property
interest, of the seizure and intended forfeiture of the seized
property. Service of notice of seizure of real property shall
be made according to the rules of civil procedure. However,
the state may not obtain a default judgment with respect to
real property against a party who is served by substituted
service absent an affidavit stating that a good faith effort has
been made to ascertain if the defaulted party is incarcerated
within the state, and that there is no present basis to believe
that the party is incarcerated within the state. The notice of
seizure in other cases may be served by any method authorized by law or court rule including but not limited to
service by certified mail with return receipt requested.
Service by mail shall be deemed complete upon mailing
within the fifteen-day period following the seizure. Notice
of seizure in the case of property subject to a security
interest that has been perfected by filing a financing statement in accordance with *chapter 62A.9 RCW, or a certificate of title, shall be made by service upon the secured party
or the secured party’s assignee at the address shown on the
financing statement or the certificate of title.
(4) If no person notifies the seizing prosecuting attorney
in writing of the person’s claim of ownership or right to
possession of the property within forty-five days for personal
property or ninety days for real property, the property seized
shall be deemed forfeited.
(5) If any person notifies the seizing prosecuting
attorney in writing of the person’s claim of ownership or
right to possession of the property within forty-five days for
personal property or ninety days for real property, the person
or persons shall be afforded a reasonable opportunity to be
heard as to the claim or right. The prosecuting attorney
shall file the case into a court of competent jurisdiction. In
a court hearing between two or more claimants to the article
or articles involved, the prevailing party shall be entitled to
a judgment for costs and reasonable attorneys’ fees. In cases
involving personal property, the burden of producing
evidence shall be by a preponderance and upon the person
claiming to be the lawful owner or the person claiming to
have the lawful right to possession of the property. In cases
involving real property, the burden of producing evidence
shall be by a preponderance and upon the prosecuting
attorney. The seizing prosecuting attorney shall promptly
return the property to the claimant upon a determination by
the prosecuting attorney or court that the claimant is the
present lawful owner or is lawfully entitled to possession of
the property.
(6) Upon the entry of an order of forfeiture of real
property, the court shall forward a copy of the order to the
(2002 Ed.)
7.68.320
county auditor of the county in which the property is located.
Orders for the forfeiture of real property shall be entered by
the superior court, subject to court rules.
(7) A forfeiture action under this section may be
brought at any time from the date of conviction until the
expiration of the statutory maximum period of incarceration
that could have been imposed for the crime involved.
(8) A forfeiture of property encumbered by a bona fide
security interest is subject to the interest of the secured party
if at the time the security interest was created, the secured
party did not know that the property was subject to seizure
and forfeiture. [1993 c 288 § 5.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
7.68.330 Seizure and forfeiture—Distribution of
proceeds. (1) The proceeds of any forfeiture action brought
under RCW 7.68.320 shall be distributed as follows:
(a) First, to the victim or to the plaintiff in a wrongful
death action brought as a result of the victim’s death, to
satisfy any money judgment against the convicted person, or
to satisfy any restitution ordered as part of the convicted
person’s sentence;
(b) Second, to the reasonable legal expenses of bringing
the action;
(c) Third, to the crime victims’ compensation fund
under RCW 7.68.090.
(2) A court may establish such escrow accounts or other
arrangements as it deems necessary and appropriate in order
to distribute proceeds in accordance with this section. [1993
c 288 § 6.]
7.68.340 Seizure and forfeiture—Remedies
nondefeatable and supplemental. (1) Any action taken by
or on behalf of a convicted person including but not limited
to executing a power of attorney or creating a corporation
for the purpose of defeating the provisions of RCW 7.68.300
through 7.68.330 is null and void as against the public policy
of this state.
(2) RCW 7.68.300 through 7.68.330 are supplemental
and do not limit rights or remedies otherwise available to the
victims of crimes and do not limit actions otherwise available against persons convicted of crimes. [1993 c 288 § 7.]
7.68.900 Effective date—1973 1st ex.s. c 122. This
chapter shall take effect on July 1, 1974. [1973 1st ex.s. c
122 § 17.]
Funding required: "This bill shall not take effect until the funds
necessary for its implementation have been specifically appropriated by the
legislature and such appropriation itself has become law. It is the intention
of the legislature that if the governor shall veto this section or any item
thereof, none of the provisions of this bill shall take effect." [1973 1st ex.s.
c 122 § 21.]
Reviser’s note: Funding for 1973 1st ex.s. c 122 was provided in
1973 1st ex.s. c 137 § 107 and 1975 1st ex.s. c 269 § 67(2).
7.68.905 Severability—Construction—1977 ex.s. c
302. (1) If any provision of this chapter, or its application
to any person or circumstance is held invalid, the remainder
of the chapter, or the application of the provision to other
persons or circumstances, is not affected.
[Title 7 RCW—page 59]
7.68.905
Title 7 RCW: Special Proceedings and Actions
(2) Subsection (1) of this section shall be effective
retroactively to July 1, 1974. [1977 ex.s. c 302 § 12.]
7.68.910 Section captions. Section captions as used
in this act do not constitute any part of the law. [1973 1st
ex.s. c 122 § 20.]
7.68.915 Savings—Statute of limitations—1982 1st
ex.s. c 8. Nothing in chapter 8, Laws of 1982 1st ex. sess.,
affects or impairs any right to benefits existing prior to *the
effective date of this act. For injuries occurring on and after
July 1, 1981, and before *the effective date of this act, the
statute of limitations for filing claims under this chapter shall
begin to run on *the effective date of this act. [1982 1st
ex.s. c 8 § 3.]
*Reviser’s note: For "the effective date of this act," see note
following RCW 7.68.035.
Effective dates—Intent—Reports—1982 1st ex.s. c 8: See notes
following RCW 7.68.035.
Chapter 7.69
CRIME VICTIMS, SURVIVORS, AND WITNESSES
Sections
7.69.010
7.69.020
7.69.030
7.69.040
7.69.050
Intent.
Definitions.
Rights of victims, survivors, and witnesses.
Representation of incapacitated or incompetent victim.
Construction of chapter—Other remedies or defenses.
7.69.010 Intent. In recognition of the severe and
detrimental impact of crime on victims, survivors of victims,
and witnesses of crime and the civic and moral duty of
victims, survivors of victims, and witnesses of crimes to
fully and voluntarily cooperate with law enforcement and
prosecutorial agencies, and in further recognition of the
continuing importance of such citizen cooperation to state
and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this
state, the legislature declares its intent, in this chapter, to
grant to the victims of crime and the survivors of such
victims a significant role in the criminal justice system. The
legislature further intends to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy,
and sensitivity; and that the rights extended in this chapter
to victims, survivors of victims, and witnesses of crime are
honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the
protections afforded criminal defendants. [1985 c 443 § 1;
1981 c 145 § 1.]
Severability—1985 c 443: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 443 § 27.]
Effective date—1985 c 443: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1985." [1985 c 443 § 28.]
7.69.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 7 RCW—page 60]
(1) "Crime" means an act punishable as a felony, gross
misdemeanor, or misdemeanor under the laws of this state or
equivalent federal or local law.
(2) "Survivor" or "survivors" of a victim of crime means
a spouse, child, parent, legal guardian, sibling, or grandparent. If there is more than one survivor of a victim of crime,
one survivor shall be designated by the prosecutor to
represent all survivors for purposes of providing the notice
to survivors required by this chapter.
(3) "Victim" means a person against whom a crime has
been committed or the representative of a person against
whom a crime has been committed.
(4) "Victim impact statement" means a statement
submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if
assistance is requested by the victim or survivor, which may
include but is not limited to information assessing the
financial, medical, social, and psychological impact of the
offense upon the victim or survivors.
(5) "Witness" means a person who has been or is
expected to be summoned to testify for the prosecution in a
criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness
for the prosecution, whether or not an action or proceeding
has been commenced.
(6) "Crime victim/witness program" means any crime
victim and witness program of a county or local law enforcement agency or prosecutor’s office, any rape crisis center’s
sexual assault victim advocacy program as provided in
chapter 70.125 RCW, any domestic violence program’s legal
and community advocate program for domestic violence
victims as provided in chapter 70.123 RCW, or any other
crime victim advocacy program which provides trained
advocates to assist crime victims during the investigation and
prosecution of the crime. [1993 c 350 § 5; 1985 c 443 § 2;
1981 c 145 § 2.]
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
7.69.030 Rights of victims, survivors, and witnesses.
There shall be a reasonable effort made to ensure that
victims, survivors of victims, and witnesses of crimes have
the following rights:
(1) With respect to victims of violent or sex crimes, to
receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime
victims as provided in this chapter. The written statement
shall include the name, address, and telephone number of a
county or local crime victim/witness program, if such a
crime victim/witness program exists in the county;
(2) To be informed by local law enforcement agencies
or the prosecuting attorney of the final disposition of the
case in which the victim, survivor, or witness is involved;
(3) To be notified by the party who issued the subpoena
that a court proceeding to which they have been subpoenaed
will not occur as scheduled, in order to save the person an
unnecessary trip to court;
(4) To receive protection from harm and threats of harm
arising out of cooperation with law enforcement and prose(2002 Ed.)
Crime Victims, Survivors, and Witnesses
cution efforts, and to be provided with information as to the
level of protection available;
(5) To be informed of the procedure to be followed to
apply for and receive any witness fees to which they are
entitled;
(6) To be provided, whenever practical, a secure waiting
area during court proceedings that does not require them to
be in close proximity to defendants and families or friends
of defendants;
(7) To have any stolen or other personal property
expeditiously returned by law enforcement agencies or the
superior court when no longer needed as evidence. When
feasible, all such property, except weapons, currency,
contraband, property subject to evidentiary analysis, and
property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being
taken;
(8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors
of victims, and witnesses of crime will cooperate with the
criminal justice process in order to minimize an employee’s
loss of pay and other benefits resulting from court appearance;
(9) To access to immediate medical assistance and not
to be detained for an unreasonable length of time by a law
enforcement agency before having such assistance administered. However, an employee of the law enforcement
agency may, if necessary, accompany the person to a
medical facility to question the person about the criminal
incident if the questioning does not hinder the administration
of medical assistance;
(10) With respect to victims of violent and sex crimes,
to have a crime victim advocate from a crime victim/witness
program present at any prosecutorial or defense interviews
with the victim, and at any judicial proceedings related to
criminal acts committed against the victim. This subsection
applies if practical and if the presence of the crime victim
advocate does not cause any unnecessary delay in the
investigation or prosecution of the case. The role of the
crime victim advocate is to provide emotional support to the
crime victim;
(11) With respect to victims and survivors of victims, to
be physically present in court during trial, or if subpoenaed
to testify, to be scheduled as early as practical in the
proceedings in order to be physically present during trial
after testifying and not to be excluded solely because they
have testified;
(12) With respect to victims and survivors of victims, to
be informed by the prosecuting attorney of the date, time,
and place of the trial and of the sentencing hearing for
felony convictions upon request by a victim or survivor;
(13) To submit a victim impact statement or report to
the court, with the assistance of the prosecuting attorney if
requested, which shall be included in all presentence reports
and permanently included in the files and records accompanying the offender committed to the custody of a state
agency or institution;
(14) With respect to victims and survivors of victims, to
present a statement personally or by representation, at the
sentencing hearing for felony convictions;
(15) With respect to victims and survivors of victims, to
entry of an order of restitution by the court in all felony
(2002 Ed.)
7.69.030
cases, even when the offender is sentenced to confinement,
unless extraordinary circumstances exist which make
restitution inappropriate in the court’s judgment; and
(16) With respect to victims and survivors of victims, to
present a statement in person, via audio or videotape, in
writing or by representation at any hearing conducted
regarding an application for pardon or commutation of sentence. [1999 c 323 § 2; 1997 c 343 § 1; 1993 c 350 § 6;
1985 c 443 § 3; 1981 c 145 § 3.]
Intent—1999 c 323: See note following RCW 9.94A.885.
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Child victims and witnesses, additional rights: Chapter 7.69A RCW.
7.69.040 Representation of incapacitated or incompetent victim. For purposes of this chapter, a victim who
is incapacitated or otherwise incompetent shall be represented by a parent or present legal guardian, or if none exists, by
a representative designated by the prosecuting attorney
without court appointment or legal guardianship proceedings.
Any victim may designate another person as the victim’s
representative for purposes of the rights enumerated in RCW
7.69.030. [1985 c 443 § 4.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
7.69.050 Construction of chapter—Other remedies
or defenses. Nothing contained in this chapter may be
construed to provide grounds for error in favor of a criminal
defendant in a criminal proceeding, nor may anything in this
chapter be construed to grant a new cause of action or
remedy against the state, its political subdivisions, law
enforcement agencies, or prosecuting attorneys. The failure
of a person to make a reasonable effort to ensure that
victims, survivors, and witnesses under this chapter have the
rights enumerated in RCW 7.69.030 shall not result in civil
liability against that person. This chapter does not limit
other civil remedies or defenses of the offender or the victim
or survivors of the victim. [1985 c 443 § 5.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Chapter 7.69A
CHILD VICTIMS AND WITNESSES
Sections
7.69A.010
7.69A.020
7.69A.030
7.69A.040
7.69A.050
Legislative intent.
Definitions.
Rights of child victims and witnesses.
Liability for failure to notify or assure child’s rights.
Rights of child victims and witnesses—Confidentiality of
address—Notice of right—Penalty.
7.69A.010 Legislative intent. The legislature recognizes that it is important that child victims and child witnesses of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and
local enforcement efforts and the general effectiveness of the
criminal justice system of this state. Therefore, it is the
intent of the legislature by means of this chapter, to insure
[Title 7 RCW—page 61]
7.69A.010
Title 7 RCW: Special Proceedings and Actions
that all child victims and witnesses of crime are treated with
the sensitivity, courtesy, and special care that must be
afforded to each child victim of crime and that their rights
be protected by law enforcement agencies, prosecutors, and
judges in a manner no less vigorous than the protection afforded the adult victim, witness, or criminal defendant.
[1985 c 394 § 1.]
Reviser’s note: "This chapter" has been substituted for "this act" in
this section.
7.69A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross
misdemeanor, or misdemeanor under the laws of this state or
equivalent federal or local law.
(2) "Child" means any living child under the age of
eighteen years.
(3) "Victim" means a living person against whom a
crime has been committed.
(4) "Witness" means a person who has been or is
expected to be summoned to testify for the prosecution in a
criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness
for the prosecution, whether or not an action or proceeding
has been commenced.
(5) "Family member" means child, parent, or legal
guardian.
(6) "Advocate" means any person, including a family
member not accused of a crime, who provides support to a
child victim or child witness during any legal proceeding.
(7) "Court proceedings" means any court proceeding
conducted during the course of the prosecution of a crime
committed against a child victim, including pretrial hearings,
trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the child’s name,
address, location, and photograph, and in cases in which the
child is a relative or stepchild of the alleged perpetrator,
identification of the relationship between the child and the
alleged perpetrator.
(9) "Crime victim/witness program" means any crime
victim and witness program of a county or local law enforcement agency or prosecutor’s office, any rape crisis center’s
sexual assault victim advocacy program as provided in
chapter 70.125 RCW, any domestic violence program’s legal
and community advocate program for domestic violence
victims as provided in chapter 70.123 RCW, or any other
crime victim advocacy program which provides trained
advocates to assist crime victims during the investigation and
prosecution of the crime. [1993 c 350 § 7; 1992 c 188 § 2;
1985 c 394 § 2.]
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
Findings—Intent—1992 c 188: "The legislature recognizes that the
cooperation of child victims of sexual assault and their families is integral
to the successful prosecution of sexual assaults against children. The
legislature finds that release of information identifying child victims of
sexual assault may subject the child to unwanted contacts by the media,
public scrutiny and embarrassment, and places the child victim and the
victim’s family at risk when the assailant is not in custody. Release of
information to the press and the public harms the child victim and has a
chilling effect on the willingness of child victims and their families to report
sexual abuse and to cooperate with the investigation and prosecution of the
[Title 7 RCW—page 62]
crime. The legislature further finds that public dissemination of the child
victim’s name and other identifying information is not essential to accurate
and necessary release of information to the public concerning the operation
of the criminal justice system. Therefore, the legislature intends to assure
child victims of sexual assault and their families that the identities and
locations of child victims will remain confidential." [1992 c 188 § 1.]
Severability—1992 c 188: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 188 § 10.]
7.69A.030 Rights of child victims and witnesses. In
addition to the rights of victims and witnesses provided for
in RCW 7.69.030, there shall be every reasonable effort
made by law enforcement agencies, prosecutors, and judges
to assure that child victims and witnesses are afforded the
rights enumerated in this section. Except as provided in
RCW 7.69A.050 regarding child victims or child witnesses
of violent crimes, sex crimes, or child abuse, the enumeration of rights shall not be construed to create substantive
rights and duties, and the application of an enumerated right
in an individual case is subject to the discretion of the law
enforcement agency, prosecutor, or judge. Child victims and
witnesses have the following rights:
(1) To have explained in language easily understood by
the child, all legal proceedings and/or police investigations
in which the child may be involved.
(2) With respect to child victims of sex or violent
crimes or child abuse, to have a crime victim advocate from
a crime victim/witness program present at any prosecutorial
or defense interviews with the child victim. This subsection
applies if practical and if the presence of the crime victim
advocate does not cause any unnecessary delay in the
investigation or prosecution of the case. The role of the
crime victim advocate is to provide emotional support to the
child victim and to promote the child’s feelings of security
and safety.
(3) To be provided, whenever possible, a secure waiting
area during court proceedings and to have an advocate or
support person remain with the child prior to and during any
court proceedings.
(4) To not have the names, addresses, nor photographs
of the living child victim or witness disclosed by any law
enforcement agency, prosecutor’s office, or state agency
without the permission of the child victim, child witness,
parents, or legal guardians to anyone except another law
enforcement agency, prosecutor, defense counsel, or private
or governmental agency that provides services to the child
victim or witness.
(5) To allow an advocate to make recommendations to
the prosecuting attorney about the ability of the child to
cooperate with prosecution and the potential effect of the
proceedings on the child.
(6) To allow an advocate to provide information to the
court concerning the child’s ability to understand the nature
of the proceedings.
(7) To be provided information or appropriate referrals
to social service agencies to assist the child and/or the
child’s family with the emotional impact of the crime, the
subsequent investigation, and judicial proceedings in which
the child is involved.
(2002 Ed.)
Child Victims and Witnesses
(8) To allow an advocate to be present in court while
the child testifies in order to provide emotional support to
the child.
(9) To provide information to the court as to the need
for the presence of other supportive persons at the court
proceedings while the child testifies in order to promote the
child’s feelings of security and safety.
(10) To allow law enforcement agencies the opportunity
to enlist the assistance of other professional personnel such
as child protection services, victim advocates or prosecutorial
staff trained in the interviewing of the child victim.
(11) With respect to child victims of violent or sex
crimes or child abuse, to receive either directly or through
the child’s parent or guardian if appropriate, at the time of
reporting the crime to law enforcement officials, a written
statement of the rights of child victims as provided in this
chapter. The written statement shall include the name,
address, and telephone number of a county or local crime
victim/witness program, if such a crime victim/witness
program exists in the county. [1997 c 283 § 2; 1993 c 350
§ 8; 1985 c 394 § 3.]
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
7.69A.040 Liability for failure to notify or assure
child’s rights. The failure to provide notice to a child
victim or witness under this chapter of the rights enumerated
in RCW 7.69A.030 shall not result in civil liability so long
as the failure to notify was in good faith and without gross
negligence. The failure to make a reasonable effort to assure
that child victims and witnesses are afforded the rights
enumerated in RCW 7.69A.030 shall not result in civil
liability so long as the failure to make a reasonable effort
was in good faith and without gross negligence. [1985 c 394
§ 4.]
7.69A.050 Rights of child victims and witnesses—
Confidentiality of address—Notice of right—Penalty. At
the time of reporting a crime to law enforcement officials
and at the time of the initial witness interview, child victims
or child witnesses of violent crimes, sex crimes, or child
abuse and the child’s parents shall be informed of their
rights to not have their address disclosed by any law
enforcement agency, prosecutor’s office, defense counsel, or
state agency without the permission of the child victim or
the child’s parents or legal guardian. The address may be
disclosed to another law enforcement agency, prosecutor,
defense counsel, or private or governmental agency that
provides services to the child. Intentional disclosure of an
address in violation of this section is a misdemeanor. [1997
c 283 § 1.]
Chapter 7.70
ACTIONS FOR INJURIES RESULTING FROM
HEALTH CARE
Sections
7.70.010
7.70.020
7.70.030
(2002 Ed.)
Declaration of modification of actions for damages based
upon injuries resulting from health care.
Definitions.
Propositions required to be established—Burden of proof.
7.69A.030
7.70.040
Necessary elements of proof that injury resulted from failure
to follow accepted standard of care.
7.70.050
Failure to secure informed consent—Necessary elements of
proof—Emergency situations.
7.70.060
Consent form—Contents—Prima facie evidence—Failure to
use.
7.70.065
Informed consent—Persons authorized to provide for patients who are not competent—Priority.
7.70.070
Attorneys’ fees.
7.70.080
Evidence of compensation from other source.
7.70.090
Hospital governing bodies—Liability—Limitations.
7.70.100
Mandatory mediation of health care claims—Procedures.
7.70.110
Mandatory mediation of health care claims—Tolling statute
of limitations.
7.70.120
Mandatory mediation of health care claims—Right to trial
not abridged.
7.70.130
Mandatory mediation of health care claims—Exempt from
arbitration mandate.
Complaint in personal injury actions not to include statement of damages:
RCW 4.28.360.
Evidence of furnishing or offering to pay medical expenses inadmissible to
prove liability in personal injury actions for medical negligence:
Chapter 5.64 RCW.
Immunity of members of professional review committees, societies, examining, licensing or disciplinary boards from civil suit: RCW 4.24.240.
Malpractice insurance for retired physicians providing health care services:
RCW 43.70.460.
Statute of limitations in actions for injuries resulting from health care:
RCW 4.16.350.
Verdict or award of future economic damages in personal injury or
property damage action may provide for periodic payments: RCW
4.56.260.
7.70.010 Declaration of modification of actions for
damages based upon injuries resulting from health care.
The state of Washington, exercising its police and sovereign
power, hereby modifies as set forth in this chapter and in
RCW 4.16.350, as now or hereafter amended, certain
substantive and procedural aspects of all civil actions and
causes of action, whether based on tort, contract, or otherwise, for damages for injury occurring as a result of health
care which is provided after June 25, 1976. [1975-’76 2nd
ex.s. c 56 § 6.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.020 Definitions. As used in this chapter "health
care provider" means either:
(1) A person licensed by this state to provide health care
or related services, including, but not limited to, a licensed
acupuncturist, a physician, osteopathic physician, dentist,
nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician,
physician’s assistant, midwife, osteopathic physician’s
assistant, nurse practitioner, or physician’s trained mobile
intensive care paramedic, including, in the event such person
is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in part
(1) above, acting in the course and scope of his employment,
including, in the event such employee or agent is deceased,
his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or
institution employing one or more persons described in part
(1) above, including, but not limited to, a hospital, clinic,
health maintenance organization, or nursing home; or an
officer, director, employee, or agent thereof acting in the
[Title 7 RCW—page 63]
7.70.020
Title 7 RCW: Special Proceedings and Actions
course and scope of his or her employment, including in the
event such officer, director, employee, or agent is deceased,
his or her estate or personal representative. [1995 c 323 §
3; 1985 c 326 § 27; 1981 c 53 § 1; 1975-’76 2nd ex.s. c 56
§ 7.]
Effective date—1981 c 53: See note following RCW 18.50.005.
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.030 Propositions required to be established—
Burden of proof. No award shall be made in any action or
arbitration for damages for injury occurring as the result of
health care which is provided after June 25, 1976, unless the
plaintiff establishes one or more of the following propositions:
(1) That injury resulted from the failure of a health care
provider to follow the accepted standard of care;
(2) That a health care provider promised the patient or
his representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the
patient or his representative did not consent.
Unless otherwise provided in this chapter, the plaintiff
shall have the burden of proving each fact essential to an
award by a preponderance of the evidence. [1975-’76 2nd
ex.s. c 56 § 8.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.040 Necessary elements of proof that injury
resulted from failure to follow accepted standard of care.
The following shall be necessary elements of proof that
injury resulted from the failure of the health care provider to
follow the accepted standard of care:
(1) The health care provider failed to exercise that
degree of care, skill, and learning expected of a reasonably
prudent health care provider at that time in the profession or
class to which he belongs, in the state of Washington, acting
in the same or similar circumstances;
(2) Such failure was a proximate cause of the injury
complained of. [1983 c 149 § 2; 1975-’76 2nd ex.s. c 56 §
9.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.050 Failure to secure informed consent—
Necessary elements of proof—Emergency situations. (1)
The following shall be necessary elements of proof that
injury resulted from health care in a civil negligence case or
arbitration involving the issue of the alleged breach of the
duty to secure an informed consent by a patient or his
representatives against a health care provider:
(a) That the health care provider failed to inform the
patient of a material fact or facts relating to the treatment;
(b) That the patient consented to the treatment without
being aware of or fully informed of such material fact or
facts;
(c) That a reasonably prudent patient under similar
circumstances would not have consented to the treatment if
informed of such material fact or facts;
(d) That the treatment in question proximately caused
injury to the patient.
[Title 7 RCW—page 64]
(2) Under the provisions of this section a fact is defined
as or considered to be a material fact, if a reasonably
prudent person in the position of the patient or his representative would attach significance to it deciding whether or not
to submit to the proposed treatment.
(3) Material facts under the provisions of this section
which must be established by expert testimony shall be
either:
(a) The nature and character of the treatment proposed
and administered;
(b) The anticipated results of the treatment proposed and
administered;
(c) The recognized possible alternative forms of treatment; or
(d) The recognized serious possible risks, complications,
and anticipated benefits involved in the treatment administered and in the recognized possible alternative forms of
treatment, including nontreatment.
(4) If a recognized health care emergency exists and the
patient is not legally competent to give an informed consent
and/or a person legally authorized to consent on behalf of
the patient is not readily available, his consent to required
treatment will be implied. [1975-’76 2nd ex.s. c 56 § 10.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.060 Consent form—Contents—Prima facie
evidence—Failure to use. If a patient while legally
competent, or his representative if he is not competent, signs
a consent form which sets forth the following, the signed
consent form shall constitute prima facie evidence that the
patient gave his informed consent to the treatment administered and the patient has the burden of rebutting this by a
preponderance of the evidence:
(1) A description, in language the patient could reasonably be expected to understand, of:
(a) The nature and character of the proposed treatment;
(b) The anticipated results of the proposed treatment;
(c) The recognized possible alternative forms of treatment; and
(d) The recognized serious possible risks, complications,
and anticipated benefits involved in the treatment and in the
recognized possible alternative forms of treatment, including
nontreatment;
(2) Or as an alternative, a statement that the patient
elects not to be informed of the elements set forth in
subsection (1) of this section.
Failure to use a form shall not be admissible as evidence of failure to obtain informed consent. [1975-’76 2nd
ex.s. c 56 § 11.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
Minors
access to personal records: RCW 42.48.020.
alcohol and drug treatment: RCW 70.96A.095.
liability of provider: RCW 26.09.310.
mental health treatment: Chapter 71.34 RCW.
sexually transmitted diseases: RCW 70.24.110.
Records, rights: RCW 70.02.130.
7.70.065 Informed consent—Persons authorized to
provide for patients who are not competent—Priority.
(2002 Ed.)
Actions for Injuries Resulting From Health Care
(1) Informed consent for health care for a patient who is not
competent, as defined in *RCW 11.88.010(1)(b), to consent
may be obtained from a person authorized to consent on
behalf of such patient. Persons authorized to provide
informed consent to health care on behalf of a patient who
is not competent to consent shall be a member of one of the
following classes of persons in the following order of
priority:
(a) The appointed guardian of the patient, if any;
(b) The individual, if any, to whom the patient has
given a durable power of attorney that encompasses the
authority to make health care decisions;
(c) The patient’s spouse;
(d) Children of the patient who are at least eighteen
years of age;
(e) Parents of the patient; and
(f) Adult brothers and sisters of the patient.
(2) If the physician seeking informed consent for
proposed health care of the patient who is not competent to
consent makes reasonable efforts to locate and secure
authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the
order of descending priority. However, no person under this
section may provide informed consent to health care:
(a) If a person of higher priority under this section has
refused to give such authorization; or
(b) If there are two or more individuals in the same
class and the decision is not unanimous among all available
members of that class.
(3) Before any person authorized to provide informed
consent on behalf of a patient not competent to consent
exercises that authority, the person must first determine in
good faith that that patient, if competent, would consent to
the proposed health care. If such a determination cannot be
made, the decision to consent to the proposed health care
may be made only after determining that the proposed health
care is in the patient’s best interests. [1987 c 162 § 1.]
*Reviser’s note: RCW 11.88.010 was amended by 1990 c 122 § 2,
changing subsection (1)(b) to subsection (1)(e).
7.70.070 Attorneys’ fees. The court shall, in any
action under this chapter, determine the reasonableness of
each party’s attorneys fees. The court shall take into
consideration the following:
(1) The time and labor required, the novelty and
difficulty of the questions involved, and the skill requisite to
perform the legal service properly;
(2) The likelihood, if apparent to the client, that the
acceptance of the particular employment will preclude other
employment by the lawyer;
(3) The fee customarily charged in the locality for
similar legal services;
(4) The amount involved and the results obtained;
(5) The time limitations imposed by the client or by the
circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer
or lawyers performing the services;
(8) Whether the fee is fixed or contingent. [1975-’76
2nd ex.s. c 56 § 12.]
(2002 Ed.)
7.70.065
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
Attorneys’ fees: Chapter 4.84 RCW.
7.70.080 Evidence of compensation from other
source. Any party may present evidence to the trier of fact
that the patient has already been compensated for the injury
complained of from any source except the assets of the
patient, his representative, or his immediate family, or
insurance purchased with such assets. In the event such
evidence is admitted, the plaintiff may present evidence of
an obligation to repay such compensation. Insurance
bargained for or provided on behalf of an employee shall be
considered insurance purchased with the assets of the
employee. Compensation as used in this section shall mean
payment of money or other property to or on behalf of the
patient, rendering of services to the patient free of charge to
the patient, or indemnification of expenses incurred by or on
behalf of the patient. Notwithstanding this section, evidence
of compensation by a defendant health care provider may be
offered only by that provider. [1975-’76 2nd ex.s. c 56 §
13.]
Severability—1975-’76 2nd ex.s. c 56: See note following RCW
4.16.350.
7.70.090 Hospital governing bodies—Liability—
Limitations. Members of the board of directors or other
governing body of a public or private hospital are not individually liable for personal injuries or death resulting from
health care administered by a health care provider granted
privileges to provide health care at the hospital unless the
decision to grant the privilege to provide health care at the
hospital constitutes gross negligence. [1987 c 212 § 1201;
1986 c 305 § 905.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
7.70.100 Mandatory mediation of health care
claims—Procedures. (1) All causes of action, whether
based in tort, contract, or otherwise, for damages arising
from injury occurring as a result of health care provided
after July 1, 1993, shall be subject to mandatory mediation
prior to trial.
(2) The supreme court shall by rule adopt procedures to
implement mandatory mediation of actions under this
chapter. The rules shall address, at a minimum:
(a) Procedures for the appointment of, and qualifications
of, mediators. A mediator shall have experience or expertise
related to actions arising from injury occurring as a result of
health care, and be a member of the state bar association
who has been admitted to the bar for a minimum of five
years or who is a retired judge. The parties may stipulate to
a nonlawyer mediator. The court may prescribe additional
qualifications of mediators;
(b) Appropriate limits on the amount or manner of
compensation of mediators;
(c) The number of days following the filing of a claim
under this chapter within which a mediator must be selected;
(d) The method by which a mediator is selected. The
rule shall provide for designation of a mediator by the
superior court if the parties are unable to agree upon a
mediator;
[Title 7 RCW—page 65]
7.70.100
Title 7 RCW: Special Proceedings and Actions
(e) The number of days following the selection of a
mediator within which a mediation conference must be held;
(f) A means by which mediation of an action under this
chapter may be waived by a mediator who has determined
that the claim is not appropriate for mediation; and
(g) Any other matters deemed necessary by the court.
(3) Mediators shall not impose discovery schedules upon
the parties. [1993 c 492 § 419.]
Medical malpractice review—1993 c 492: "(1) The administrator for
the courts shall coordinate a collaborative effort to develop a voluntary
system for review of medical malpractice claims by health services experts
prior to the filing of a cause of action under chapter 7.70 RCW.
(2) The system shall have at least the following components:
(a) Review would be initiated, by agreement of the injured claimant
and the health care provider, at the point at which a medical malpractice
claim is submitted to a malpractice insurer or a self-insured health care
provider.
(b) By agreement of the parties, an expert would be chosen from a
pool of health services experts who have agreed to review claims on a
voluntary basis.
(c) The mutually agreed upon expert would conduct an impartial
review of the claim and provide his or her opinion to the parties.
(d) A pool of available experts would be established and maintained
for each category of health care practitioner by the corresponding practitioner association, such as the Washington state medical association and the
Washington state nurses association.
(3) The administrator for the courts shall seek to involve at least the
following organizations in a collaborative effort to develop the informal
review system described in subsection (2) of this section:
(a) The Washington defense trial lawyers association;
(b) The Washington state trial lawyers association;
(c) The Washington state medical association;
(d) The Washington state nurses association and other employee
organizations representing nurses;
(e) The Washington state hospital association;
(f) The Washington state physicians insurance exchange and
association;
(g) The Washington casualty company;
(h) The doctor’s agency;
(i) Group health cooperative of Puget Sound;
(j) The University of Washington;
(k) Washington osteopathic medical association;
(l) Washington state chiropractic association;
(m) Washington association of naturopathic physicians; and
(n) The department of health.
(4) On or before January 1, 1994, the administrator for the courts shall
provide a report on the status of the development of the system described
in this section to the governor and the appropriate committees of the senate
and the house of representatives." [1993 c 492 § 418.]
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
7.70.110 Mandatory mediation of health care
claims—Tolling statute of limitations. The making of a
written, good faith request for mediation of a dispute related
to damages for injury occurring as a result of health care
prior to filing a cause of action under this chapter shall toll
the statute of limitations provided in RCW 4.16.350 for one
year. [1996 c 270 § 1; 1993 c 492 § 420.]
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
7.70.120 Mandatory mediation of health care
claims—Right to trial not abridged. RCW 7.70.100 may
not be construed to abridge the right to trial by jury follow[Title 7 RCW—page 66]
ing an unsuccessful attempt at mediation. [1993 c 492 §
421.]
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
7.70.130 Mandatory mediation of health care
claims—Exempt from arbitration mandate. A cause of
action that has been mediated as provided in RCW 7.70.100
shall be exempt from any superior court civil rules mandating arbitration of civil actions or participation in settlement
conferences prior to trial. [1993 c 492 § 423.]
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Chapter 7.71
HEALTH CARE PEER REVIEW
Sections
7.71.010
7.71.020
7.71.030
7.71.040
Legislative finding.
Federal law applicable in Washington state.
Actions by health care peer review body—Exclusive remedy.
Chapter does not limit or repeal other immunities conferred
by law.
7.71.010 Legislative finding. The legislature finds the
assurance of quality and cost-effectiveness in the delivery of
health care can be assisted through the review of health care
by health care providers. It also recognizes that some peer
review decisions may be based on factors other than competence or professional conduct. Although it finds that peer
review decisions based on matters unrelated to quality and
utilization review need redress, it concludes that it is
necessary to balance carefully the rights of the consuming
public who benefit by peer review with the rights of those
who are occasionally hurt by peer review decisions based on
matters other than competence or professional conduct.
The legislature intends to foreclose federal antitrust
actions to the extent Parker v. Brown, 317 U.S. 341 (1943),
allows and to permit only those actions in RCW 7.71.020
and 7.71.030. [1987 c 269 § 1.]
7.71.020 Federal law applicable in Washington
state. Pursuant to P.L. 99-660 Sec. 411(c)(2), Title IV of
that act shall apply in Washington state as of July 26, 1987.
[1987 c 269 § 2.]
7.71.030 Actions by health care peer review body—
Exclusive remedy. (1) This section shall provide the
exclusive remedy for any action taken by a professional peer
review body of health care providers as defined in RCW
7.70.020, that is found to be based on matters not related to
the competence or professional conduct of a health care
provider.
(2) Actions shall be limited to appropriate injunctive
relief, and damages shall be allowed only for lost earnings
directly attributable to the action taken by the professional
review body, incurred between the date of such action and
(2002 Ed.)
Health Care Peer Review
the date the action is functionally reversed by the professional peer review body.
(3) Reasonable attorneys’ fees and costs as approved by
the court shall be awarded to the prevailing party, if any, as
determined by the court.
(4) The statute of limitations for actions under this
section shall be one year from the date of the action of the
professional review body. [1987 c 269 § 3.]
7.71.040 Chapter does not limit or repeal other
immunities conferred by law. Nothing in this chapter
limits or repeals any other immunities conferred upon
participants in the peer review process contained in any other
state or federal law. [1987 c 269 § 4.]
Chapter 7.72
PRODUCT LIABILITY ACTIONS
Sections
7.72.010
7.72.020
7.72.030
7.72.040
Definitions.
Scope.
Liability of manufacturer.
Liability of product seller other than manufacturer—
Exception.
7.72.050
Relevance of industry custom, technological feasibility, and
nongovernmental, legislative or administrative regulatory
standards.
7.72.060
Length of time product sellers are subject to liability.
Contributory fault: Chapter 4.22 RCW.
7.72.010 Definitions. For the purposes of this chapter,
unless the context clearly indicates to the contrary:
(1) Product seller. "Product seller" means any person
or entity that is engaged in the business of selling products,
whether the sale is for resale, or for use or consumption.
The term includes a manufacturer, wholesaler, distributor, or
retailer of the relevant product. The term also includes a
party who is in the business of leasing or bailing such
products. The term "product seller" does not include:
(a) A seller of real property, unless that person is
engaged in the mass production and sale of standardized
dwellings or is otherwise a product seller;
(b) A provider of professional services who utilizes or
sells products within the legally authorized scope of the
professional practice of the provider;
(c) A commercial seller of used products who resells a
product after use by a consumer or other product user:
PROVIDED, That when it is resold, the used product is in
essentially the same condition as when it was acquired for
resale;
(d) A finance lessor who is not otherwise a product
seller. A "finance lessor" is one who acts in a financial
capacity, who is not a manufacturer, wholesaler, distributor,
or retailer, and who leases a product without having a
reasonable opportunity to inspect and discover defects in the
product, under a lease arrangement in which the selection,
possession, maintenance, and operation of the product are
controlled by a person other than the lessor; and
(e) A licensed pharmacist who dispenses a prescription
product manufactured by a commercial manufacturer
pursuant to a prescription issued by a licensed prescribing
practitioner if the claim against the pharmacist is based upon
(2002 Ed.)
7.71.030
strict liability in tort or the implied warranty provisions
under the uniform commercial code, Title 62A RCW, and if
the pharmacist complies with recordkeeping requirements
pursuant to chapters 18.64, 69.41, and 69.50 RCW, and
related administrative rules as provided in RCW 7.72.040.
Nothing in this subsection (1)(e) affects a pharmacist’s
liability under RCW 7.72.040(1).
(2) Manufacturer. "Manufacturer" includes a product
seller who designs, produces, makes, fabricates, constructs,
or remanufactures the relevant product or component part of
a product before its sale to a user or consumer. The term
also includes a product seller or entity not otherwise a
manufacturer that holds itself out as a manufacturer.
A product seller acting primarily as a wholesaler,
distributor, or retailer of a product may be a "manufacturer"
but only to the extent that it designs, produces, makes,
fabricates, constructs, or remanufactures the product for its
sale. A product seller who performs minor assembly of a
product in accordance with the instructions of the manufacturer shall not be deemed a manufacturer. A product seller
that did not participate in the design of a product and that
constructed the product in accordance with the design
specifications of the claimant or another product seller shall
not be deemed a manufacturer for the purposes of RCW
7.72.030(1)(a).
(3) Product. "Product" means any object possessing
intrinsic value, capable of delivery either as an assembled
whole or as a component part or parts, and produced for
introduction into trade or commerce. Human tissue and
organs, including human blood and its components, are
excluded from this term.
The "relevant product" under this chapter is that product
or its component part or parts, which gave rise to the
product liability claim.
(4) Product liability claim. "Product liability claim"
includes any claim or action brought for harm caused by the
manufacture, production, making, construction, fabrication,
design, formula, preparation, assembly, installation, testing,
warnings, instructions, marketing, packaging, storage or
labeling of the relevant product. It includes, but is not
limited to, any claim or action previously based on: Strict
liability in tort; negligence; breach of express or implied
warranty; breach of, or failure to, discharge a duty to warn
or instruct, whether negligent or innocent; misrepresentation,
concealment, or nondisclosure, whether negligent or innocent; or other claim or action previously based on any other
substantive legal theory except fraud, intentionally caused
harm or a claim or action under the consumer protection act,
chapter 19.86 RCW.
(5) Claimant. "Claimant" means a person or entity
asserting a product liability claim, including a wrongful
death action, and, if the claim is asserted through or on
behalf of an estate, the term includes claimant’s decedent.
"Claimant" includes any person or entity that suffers harm.
A claim may be asserted under this chapter even though the
claimant did not buy the product from, or enter into any
contractual relationship with, the product seller.
(6) Harm. "Harm" includes any damages recognized by
the courts of this state: PROVIDED, That the term "harm"
does not include direct or consequential economic loss under
Title 62A RCW. [1991 c 189 § 3; 1981 c 27 § 2.]
[Title 7 RCW—page 67]
7.72.010
Title 7 RCW: Special Proceedings and Actions
Preamble—1981 c 27: "Tort reform in this state has for the most
part been accomplished in the courts on a case-by-case basis. While this
process has resulted in significant progress and the harshness of many
common law doctrines has to some extent been ameliorated by decisional
law, the legislature has from time to time felt it necessary to intervene to
bring about needed reforms such as those contained in the 1973 comparative
negligence act.
The purpose of this amendatory act is to enact further reforms in the
tort law to create a fairer and more equitable distribution of liability among
parties at fault.
Of particular concern is the area of tort law known as product liability
law. Sharply rising premiums for product liability insurance have increased
the cost of consumer and industrial goods. These increases in premiums
have resulted in disincentives to industrial innovation and the development
of new products. High product liability premiums may encourage product
sellers and manufacturers to go without liability insurance or pass the high
cost of insurance on to the consuming public in general.
It is the intent of the legislature to treat the consuming public, the
product seller, the product manufacturer, and the product liability insurer in
a balanced fashion in order to deal with these problems.
It is the intent of the legislature that the right of the consumer to
recover for injuries sustained as a result of an unsafe product not be unduly
impaired. It is further the intent of the legislature that retail businesses
located primarily in the state of Washington be protected from the
substantially increasing product liability insurance costs and unwarranted
exposure to product liability litigation." [1981 c 27 § 1.]
7.72.020 Scope. (1) The previous existing applicable
law of this state on product liability is modified only to the
extent set forth in this chapter.
(2) Nothing in this chapter shall prevent the recovery of
direct or consequential economic loss under Title 62A RCW.
[1981 c 27 § 3.]
7.72.030 Liability of manufacturer. (1) A product
manufacturer is subject to liability to a claimant if the
claimant’s harm was proximately caused by the negligence
of the manufacturer in that the product was not reasonably
safe as designed or not reasonably safe because adequate
warnings or instructions were not provided.
(a) A product is not reasonably safe as designed, if, at
the time of manufacture, the likelihood that the product
would cause the claimant’s harm or similar harms, and the
seriousness of those harms, outweighed the burden on the
manufacturer to design a product that would have prevented
those harms and the adverse effect that an alternative design
that was practical and feasible would have on the usefulness
of the product: PROVIDED, That a firearm or ammunition
shall not be deemed defective in design on the basis that the
benefits of the product do not outweigh the risk of injury
posed by its potential to cause serious injury, damage, or
death when discharged.
(b) A product is not reasonably safe because adequate
warnings or instructions were not provided with the product,
if, at the time of manufacture, the likelihood that the product
would cause the claimant’s harm or similar harms, and the
seriousness of those harms, rendered the warnings or instructions of the manufacturer inadequate and the manufacturer
could have provided the warnings or instructions which the
claimant alleges would have been adequate.
(c) A product is not reasonably safe because adequate
warnings or instructions were not provided after the product
was manufactured where a manufacturer learned or where a
reasonably prudent manufacturer should have learned about
a danger connected with the product after it was manufactured. In such a case, the manufacturer is under a duty to
[Title 7 RCW—page 68]
act with regard to issuing warnings or instructions concerning the danger in the manner that a reasonably prudent
manufacturer would act in the same or similar circumstances.
This duty is satisfied if the manufacturer exercises reasonable care to inform product users.
(2) A product manufacturer is subject to strict liability
to a claimant if the claimant’s harm was proximately caused
by the fact that the product was not reasonably safe in
construction or not reasonably safe because it did not
conform to the manufacturer’s express warranty or to the
implied warranties under Title 62A RCW.
(a) A product is not reasonably safe in construction if,
when the product left the control of the manufacturer, the
product deviated in some material way from the design
specifications or performance standards of the manufacturer,
or deviated in some material way from otherwise identical
units of the same product line.
(b) A product does not conform to the express warranty
of the manufacturer if it is made part of the basis of the
bargain and relates to a material fact or facts concerning the
product and the express warranty proved to be untrue.
(c) Whether or not a product conforms to an implied
warranty created under Title 62A RCW shall be determined
under that title.
(3) In determining whether a product was not reasonably
safe under this section, the trier of fact shall consider
whether the product was unsafe to an extent beyond that
which would be contemplated by the ordinary consumer.
[1988 c 94 § 1; 1981 c 27 § 4.]
7.72.040 Liability of product seller other than
manufacturer—Exception. (1) Except as provided in
subsection (2) of this section, a product seller other than a
manufacturer is liable to the claimant only if the claimant’s
harm was proximately caused by:
(a) The negligence of such product seller; or
(b) Breach of an express warranty made by such product
seller; or
(c) The intentional misrepresentation of facts about the
product by such product seller or the intentional concealment
of information about the product by such product seller.
(2) A product seller, other than a manufacturer, shall
have the liability of a manufacturer to the claimant if:
(a) No solvent manufacturer who would be liable to the
claimant is subject to service of process under the laws of
the claimant’s domicile or the state of Washington; or
(b) The court determines that it is highly probable that
the claimant would be unable to enforce a judgment against
any manufacturer; or
(c) The product seller is a controlled subsidiary of a
manufacturer, or the manufacturer is a controlled subsidiary
of the product seller; or
(d) The product seller provided the plans or specifications for the manufacture or preparation of the product and
such plans or specifications were a proximate cause of the
defect in the product; or
(e) The product was marketed under a trade name or
brand name of the product seller.
(3) Subsection (2) of this section does not apply to a
pharmacist who dispenses a prescription product in the form
manufactured by a commercial manufacturer pursuant to a
(2002 Ed.)
Product Liability Actions
prescription issued by a licensed practitioner if the pharmacist complies with recordkeeping requirements pursuant to
chapters 18.64, 69.41, and 69.50 RCW, and related administrative rules. [1991 c 189 § 2; 1981 c 27 § 5.]
7.72.050 Relevance of industry custom, technological feasibility, and nongovernmental, legislative or
administrative regulatory standards. (1) Evidence of
custom in the product seller’s industry, technological
feasibility or that the product was or was not, in compliance
with nongovernmental standards or with legislative regulatory standards or administrative regulatory standards,
whether relating to design, construction or performance of
the product or to warnings or instructions as to its use may
be considered by the trier of fact.
(2) When the injury-causing aspect of the product was,
at the time of manufacture, in compliance with a specific
mandatory government contract specification relating to
design or warnings, this compliance shall be an absolute
defense. When the injury-causing aspect of the product was
not, at the time of manufacture, in compliance with a
specific mandatory government specification relating to
design or warnings, the product shall be deemed not reasonably safe under RCW 7.72.030(1). [1981 c 27 § 6.]
7.72.060 Length of time product sellers are subject
to liability. (1) Useful safe life. (a) Except as provided in
subsection (1)(b) hereof, a product seller shall not be subject
to liability to a claimant for harm under this chapter if the
product seller proves by a preponderance of the evidence
that the harm was caused after the product’s "useful safe
life" had expired.
"Useful safe life" begins at the time of delivery of the
product and extends for the time during which the product
would normally be likely to perform or be stored in a safe
manner. For the purposes of this chapter, "time of delivery"
means the time of delivery of a product to its first purchaser
or lessee who was not engaged in the business of either
selling such products or using them as component parts of
another product to be sold. In the case of a product which
has been remanufactured by a manufacturer, "time of
delivery" means the time of delivery of the remanufactured
product to its first purchaser or lessee who was not engaged
in the business of either selling such products or using them
as component parts of another product to be sold.
(b) A product seller may be subject to liability for harm
caused by a product used beyond its useful safe life, if:
(i) The product seller has warranted that the product
may be utilized safely for such longer period; or
(ii) The product seller intentionally misrepresents facts
about its product, or intentionally conceals information about
it, and that conduct was a proximate cause of the claimant’s
harm; or
(iii) The harm was caused by exposure to a defective
product, which exposure first occurred within the useful safe
life of the product, even though the harm did not manifest
itself until after the useful safe life had expired.
(2) Presumption regarding useful safe life. If the harm
was caused more than twelve years after the time of delivery, a presumption arises that the harm was caused after the
(2002 Ed.)
7.72.040
useful safe life had expired. This presumption may only be
rebutted by a preponderance of the evidence.
(3) Statute of limitation. Subject to the applicable
provisions of chapter 4.16 RCW pertaining to the tolling and
extension of any statute of limitation, no claim under this
chapter may be brought more than three years from the time
the claimant discovered or in the exercise of due diligence
should have discovered the harm and its cause. [1981 c 27
§ 7.]
Chapter 7.75
DISPUTE RESOLUTION CENTERS
Sections
7.75.010
7.75.020
7.75.030
7.75.035
7.75.040
7.75.050
7.75.060
7.75.070
7.75.080
7.75.090
7.75.100
Mediation
Legislative findings and intent.
Dispute resolution center—Creation—Plan—Approval by
county or municipality.
Services to be provided without charge or for fee based on
ability to pay.
Surcharge by county legislative authority.
Dispute resolution agreement required—When admissible as
evidence.
Confidentiality of centers’ files, etc.—Exception—Privileged
communications.
Withdrawal from dispute resolution process.
Center may seek and expend funds.
Statutes of limitations tolled until dispute resolution process
concluded.
Application of chapter.
Immunity from civil action.
testimony competency: RCW 5.60.070 and 5.60.072.
7.75.010 Legislative findings and intent. (1) The
legislature finds and declares that:
(a) The resolution of many disputes can be costly and
complex in a judicial setting where the parties involved are
necessarily in an adversary posture and subject to formalized
procedures; and
(b) Alternative dispute resolution centers can meet the
needs of Washington’s citizens by providing forums in
which persons may voluntarily participate in the resolution
of disputes in an informal and less adversarial atmosphere.
(2) It is the intent of the legislature that programs established pursuant to this chapter:
(a) Stimulate the establishment and use of dispute
resolution centers to help meet the need for alternatives to
the courts for the resolution of certain disputes.
(b) Encourage continuing community participation in the
development, administration, and oversight of local programs
designed to facilitate the informal resolution of disputes
between and among members of the community.
(c) Offer structures for dispute resolution which may
serve as models for resolution centers in other communities.
(d) Serve a specific community or locale and resolve
disputes that arise within that community or locale.
(e) Educate the community on ways of using the
services of the neighborhood dispute resolution center
directly and in a preventive capacity. [1984 c 258 § 501.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.020 Dispute resolution center—Creation—
Plan—Approval by county or municipality. (1) A dispute
[Title 7 RCW—page 69]
7.75.020
Title 7 RCW: Special Proceedings and Actions
resolution center may be created and operated by a municipality, county, or by a corporation organized exclusively for
the resolution of disputes or for charitable or educational
purposes. The corporation shall not be organized for profit,
and no part of the net earnings may inure to the benefit of
any private shareholders or individuals. The majority of the
directors of such a corporation shall not consist of members
of any single profession.
(2) A dispute resolution center may not begin operation
under this chapter until a plan for establishing a center for
the mediation and settlement of disputes has been approved
by the legislative authority of the municipality or county
creating the center or, in the case of a center operated by a
nonprofit corporation, by the legislative authority of the
municipality or county within which the center will be
located. A plan for a dispute resolution center shall not be
approved and the center shall not begin operation until the
legislative authority finds that the plan adequately prescribes:
(a) Procedures for filing requests for dispute resolution
services with the center and for scheduling mediation
sessions participated in by the parties to the dispute;
(b) Procedures to ensure that each dispute mediated by
the center meets the criteria for appropriateness for mediation set by the legislative authority and for rejecting disputes
which do not meet the criteria;
(c) Procedures for giving notice of the time, place, and
nature of the mediation session to the parties, and for
conducting mediation sessions that comply with the provisions of this chapter;
(d) Procedures which ensure that participation by all
parties is voluntary;
(e) Procedures for obtaining referrals from public and
private bodies;
(f) Procedures for meeting the particular needs of the
participants, including, but not limited to, providing services
at times convenient to the participants, in sign language, and
in languages other than English;
(g) Procedures for providing trained and certified
mediators who, during the dispute resolution process, shall
make no decisions or determinations of the issues involved,
but who shall facilitate negotiations by the participants
themselves to achieve a voluntary resolution of the issues;
and
(h) Procedures for informing and educating the community about the dispute resolution center and encouraging the
use of the center’s services in appropriate cases. [1997 c 41
§ 4; 1984 c 258 § 502.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.030 Services to be provided without charge or
for fee based on ability to pay. A dispute resolution center
established under this chapter shall provide dispute resolution
services either without charge to the participants or for a fee
which is based on the participant’s ability to pay. [1984 c
258 § 503.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.035 Surcharge by county legislative authority.
(1) A county legislative authority may impose a surcharge of
[Title 7 RCW—page 70]
up to ten dollars on each civil filing fee in district court and
a surcharge of up to fifteen dollars on each filing fee for
small claims actions for the purpose of funding dispute
resolution centers established under this chapter.
(2) Any surcharge imposed shall be collected by the
clerk of the court and remitted to the county treasurer for
deposit in a separate account to be used solely for dispute
resolution centers established under this chapter. Money
received under this section is not subject to RCW
3.62.020(2) or 3.62.090. The accounts created pursuant to
this subsection shall be audited by the state auditor in
accordance with RCW 43.09.260. [1990 c 172 § 1.]
Effective date—1990 c 172: "This act shall take effect July 1, 1990."
[1990 c 172 § 4.]
7.75.040 Dispute resolution agreement required—
When admissible as evidence. (1) In conducting a dispute
resolution process, a center established under this chapter
shall require:
(a) That the disputing parties enter into a written
agreement which expresses the method by which they shall
attempt to resolve the issues in dispute; and
(b) That at the conclusion of the dispute resolution
process, the parties enter into a written agreement which sets
forth the settlement of the issues and the future responsibilities, if any, of each party.
(2) A written agreement entered into with the assistance
of a center at the conclusion of the written dispute resolution
process is admissible as evidence in any judicial or administrative proceeding. [1984 c 258 § 504.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.050 Confidentiality of centers’ files, etc.—
Exception—Privileged communications. All memoranda,
work notes or products, or case files of centers established
under this chapter are confidential and privileged and are not
subject to disclosure in any judicial or administrative
proceeding unless the court or administrative tribunal
determines that the materials were submitted by a participant
to the center for the purpose of avoiding discovery of the
material in a subsequent proceeding. Any communication
relating to the subject matter of the resolution made during
the resolution process by any participant, mediator, or any
other person is a privileged communication and is not
subject to disclosure in any judicial or administrative
proceeding unless all parties to the communication waive the
privilege. The foregoing privilege and limitation on evidentiary use does not apply to any communication of a threat
that injury or damage may be inflicted on any person or on
the property of a party to the dispute, to the extent the
communication may be relevant evidence in a criminal
matter. [1984 c 258 § 505.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.060 Withdrawal from dispute resolution
process. Any person who voluntarily enters a dispute
resolution process at a center established under this chapter
may revoke his or her consent, withdraw from dispute
resolution, and seek judicial or administrative redress prior
(2002 Ed.)
Dispute Resolution Centers
to reaching a written resolution agreement. The withdrawal
shall be in writing. No legal penalty, sanction, or restraint
may be imposed upon the person. [1984 c 258 § 506.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.070 Center may seek and expend funds. A
dispute resolution center established under this chapter may
seek and accept contributions from counties and municipalities, agencies of the state and federal governments, private
sources, and any other available funds, and may expend the
funds to carry out the purposes of this chapter. [1984 c 258
§ 507.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.080 Statutes of limitations tolled until dispute
resolution process concluded. Any applicable statute of
limitations shall be tolled as to participants in dispute
resolution at a center established under this chapter during
the period which begins with the date of the participants’
execution of the written agreement required by RCW
7.75.040(1)(a) and ends on the date that a written agreement
at the conclusion of the dispute resolution process is executed under RCW 7.75.040(1)(b) or a participant’s written
notice of withdrawal from the dispute resolution process is
executed under RCW 7.75.060. [1984 c 258 § 508.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.090 Application of chapter. Nothing in this
chapter precludes any person or persons not operating under
RCW 7.75.020 from providing dispute resolution services.
However, the provisions of RCW 7.75.050, relating to
confidentiality, and RCW 7.75.080, relating to statutes of
limitation, apply only to proceedings conducted by a dispute
resolution center established under this chapter. [1984 c 258
§ 509.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
7.75.100 Immunity from civil action. (1) Members
of the board of directors of a dispute resolution center are
immune from suit in any civil action based upon any
proceedings or other official acts performed in good faith as
members of the board.
(2) Employees and volunteers of a dispute resolution
center are immune from suit in any civil action based on any
proceedings or other official acts performed in their capacity
as employees or volunteers, except in cases of wilful or
wanton misconduct.
(3) A dispute resolution center is immune from suit in
any civil action based on any of its proceedings or other
official acts performed by its employees, volunteers, or
members or its board of directors, except (a) in cases of
wilful or wanton misconduct by its employees or volunteers,
and (b) in cases of official acts performed in bad faith by
members of its board. [1986 c 95 § 2.]
(2002 Ed.)
7.75.060
Chapter 7.80
CIVIL INFRACTIONS
Sections
7.80.005
7.80.010
7.80.020
7.80.030
7.80.040
7.80.050
7.80.060
7.80.070
7.80.080
7.80.090
7.80.100
7.80.110
7.80.120
7.80.130
7.80.140
7.80.150
7.80.160
7.80.900
7.80.901
Legislative finding—1987 c 456.
Jurisdiction of courts.
Issuance of process.
Training of judicial officers.
"Enforcement officer" defined.
Notice of infraction—Issuance, service, filing.
Person receiving notice—Identification and detention.
Notice—Determination final unless contested—Form.
Response to notice—Contesting determination—Mitigating
circumstances—Hearing—Failure to respond or appear.
Hearings—Rules of procedure—Counsel.
Hearings—Contesting determination that infraction committed—Appeal.
Hearings—Explanation of mitigating circumstances.
Monetary penalties—Restitution.
Order of court—Civil nature—Modification of penalty—
Community restitution.
Costs and attorney fees.
Notices—Record of—Cancellation prohibited, penalty—
Audit.
Notice, failure to sign, nonappearance—Failure to satisfy
penalty.
Decriminalization of certain municipal ordinances.
Effective date—1987 c 456 §§ 9-31.
7.80.005 Legislative finding—1987 c 456. The
legislature finds that many minor offenses that are established as misdemeanors are obsolete or can be more appropriately punished by the imposition of civil fines. The
legislature finds that some misdemeanors should be decriminalized to allow resources of the legal system, such as judges, prosecutors, juries, and jails, to be used to punish serious
criminal behavior, since acts characterized as criminal
behavior have a tremendous fiscal impact on the legal
system.
The establishment of a system of civil infractions is a
more expeditious and less expensive method of disposing of
minor offenses and will decrease the cost and workload of
the courts of limited jurisdiction. [1987 c 456 § 6.]
7.80.010 Jurisdiction of courts. (1) All violations of
state law, local law, ordinance, regulation, or resolution
designated as civil infractions may be heard and determined
by a district court, except as otherwise provided in this
section.
(2) Any municipal court has the authority to hear and
determine pursuant to this chapter civil infractions that are
established by municipal ordinance and that are committed
within the jurisdiction of the municipality.
(3) Any city or town with a municipal court under
chapter 3.50 RCW may contract with the county to have
civil infractions that are established by city or town ordinance and that are committed within the city or town
adjudicated by a district court.
(4) District court commissioners have the authority to
hear and determine civil infractions pursuant to this chapter.
(5) Nothing in this chapter prevents any city, town, or
county from hearing and determining civil infractions
pursuant to its own system established by ordinance. [1987
c 456 § 9.]
[Title 7 RCW—page 71]
7.80.020
Title 7 RCW: Special Proceedings and Actions
7.80.020 Issuance of process. Notwithstanding any
other provision of law governing service of process in civil
cases, a court of limited jurisdiction having jurisdiction over
an alleged civil infraction may issue process anywhere
within the state. [1987 c 456 § 10.]
7.80.030 Training of judicial officers. All judges
and court commissioners adjudicating civil infractions shall
complete such training requirements as are promulgated by
the supreme court. [1987 c 456 § 11.]
7.80.040 "Enforcement officer" defined. As used in
this chapter, "enforcement officer" means a person authorized to enforce the provisions of the title or ordinance in
which the civil infraction is established. [1987 c 456 § 12.]
7.80.050 Notice of infraction—Issuance, service,
filing. (1) A civil infraction proceeding is initiated by the
issuance, service, and filing of a notice of civil infraction.
(2) A notice of civil infraction may be issued by an
enforcement officer when the civil infraction occurs in the
officer’s presence.
(3) A court may issue a notice of civil infraction if an
enforcement officer files with the court a written statement
that the civil infraction was committed in the officer’s
presence or that the officer has reasonable cause to believe
that a civil infraction was committed.
(4) Service of a notice of civil infraction issued under
subsection (2) or (3) of this section shall be as provided by
court rule. Until such a rule is adopted, service shall be as
provided in *JTIR 2.2(c)(1) and (3), as applicable.
(5) A notice of infraction shall be filed with a court
having jurisdiction within forty-eight hours of issuance,
excluding Saturdays, Sundays, and holidays. A notice of
infraction not filed within the time limits prescribed in this
section may be dismissed without prejudice. [1987 c 456 §
13.]
*Reviser’s note: The Justice Court Traffic Infraction Rules (JTIR)
were replaced by the Infraction Rules for Courts of Limited Jurisdiction
(IRLJ), effective September 1, 1992.
7.80.060 Person receiving notice—Identification and
detention. A person who is to receive a notice of civil
infraction under RCW 7.80.050 is required to identify
himself or herself to the enforcement officer by giving his or
her name, address, and date of birth. Upon the request of
the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
A person who is unable or unwilling to reasonably
identify himself or herself to an enforcement officer may be
detained for a period of time not longer than is reasonably
necessary to identify the person for purposes of issuing a
civil infraction.
Each agency authorized to issue civil infractions shall
adopt rules on identification and detention of persons
committing civil infractions. [1987 c 456 § 14.]
7.80.070 Notice—Determination final unless contested—Form. (1) A notice of civil infraction represents a
determination that a civil infraction has been committed.
[Title 7 RCW—page 72]
The determination is final unless contested as provided in
this chapter.
(2) The form for the notice of civil infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination that a civil infraction has been committed by the person
named in the notice and that the determination is final unless
contested as provided in this chapter;
(b) A statement that a civil infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction;
(c) A statement of the specific civil infraction for which
the notice was issued;
(d) A statement of the monetary penalty established for
the civil infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that at any hearing to contest the
determination the state has the burden of proving, by a
preponderance of the evidence, that the civil infraction was
committed and that the person may subpoena witnesses
including the enforcement officer who issued the notice of
civil infraction;
(g) A statement that at any hearing requested for the
purpose of explaining mitigating circumstances surrounding
the commission of the civil infraction, the person will be
deemed to have committed the civil infraction and may not
subpoena witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within fifteen days;
(i) A statement that failure to respond to the notice or
a failure to appear at a hearing requested for the purpose of
contesting the determination or for the purpose of explaining
mitigating circumstances will result in a default judgment
against the person in the amount of the penalty and that this
failure may be referred to the prosecuting attorney for
criminal prosecution for failure to respond or appear;
(j) A statement, which the person shall sign, that the
person promises to respond to the notice of civil infraction
in one of the ways provided in this chapter;
(k) A statement that failure to respond to a notice of
civil infraction as promised or to appear at a requested
hearing is a misdemeanor and may be punished by a fine or
imprisonment in jail. [1987 c 456 § 15.]
7.80.080 Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to
respond or appear. (1) Any person who receives a notice
of civil infraction shall respond to such notice as provided in
this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the civil
infraction does not contest the determination, the person shall
respond by completing the appropriate portion of the notice
of civil infraction and submitting it, either by mail or in
person, to the court specified on the notice. A check or
money order in the amount of the penalty prescribed for the
civil infraction must be submitted with the response. The
clerk of a court may accept cash in payment for an infraction. When a response which does not contest the determi(2002 Ed.)
Civil Infractions
nation is received, an appropriate order shall be entered in
the court’s records.
(3) If the person determined to have committed the civil
infraction wishes to contest the determination, the person
shall respond by completing the portion of the notice of civil
infraction requesting a hearing and submitting it, either by
mail or in person, to the court specified on the notice. The
court shall notify the person in writing of the time, place,
and date of the hearing, and that date shall not be earlier
than seven days nor more than ninety days from the date of
the notice of hearing, except by agreement.
(4) If the person determined to have committed the civil
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction,
the person shall respond by completing the portion of the
notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the
court specified on the notice. The court shall notify the
person in writing of the time, place, and date of the hearing,
and that date shall not be earlier than seven days nor more
than ninety days from the date of the notice of hearing,
except by agreement.
(5) The court shall enter a default judgment assessing
the monetary penalty prescribed for the civil infraction and
may notify the prosecuting attorney of the failure to respond
to the notice of civil infraction or to appear at a requested
hearing if any person issued a notice of civil infraction:
(a) Fails to respond to the notice of civil infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to
subsection (3) or (4) of this section. [1987 c 456 § 16.]
7.80.090 Hearings—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided in
this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter
may be represented by counsel.
(3) The attorney representing the state, county, city, or
town may appear in any proceedings under this chapter but
need not appear, notwithstanding any statute or rule of court
to the contrary. [1987 c 456 § 17.]
7.80.100 Hearings—Contesting determination that
infraction committed—Appeal. (1) A hearing held for the
purpose of contesting the determination that a civil infraction
has been committed shall be without a jury and shall be
recorded in the manner provided for in courts of limited
jurisdiction.
(2) The court may consider the notice of civil infraction
and any other written report made under oath submitted by
the enforcement officer who issued the notice or whose
written statement was the basis for the issuance of the notice
in lieu of the officer’s personal appearance at the hearing.
The person named in the notice may request the court for
issuance of subpoena of witnesses, including the enforcement
officer who issued the notice, and has the right to present
evidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the
commission of the civil infraction by a preponderance of the
evidence.
(2002 Ed.)
7.80.080
(4) After consideration of the evidence and argument,
the court shall determine whether the civil infraction was
committed. Where it has not been established that the civil
infraction was committed, an order dismissing the notice
shall be entered in the court’s records. Where it has been
established that the civil infraction was committed, an
appropriate order shall be entered in the court’s records.
(5) An appeal from the court’s determination or order
shall be to the superior court in the manner provided by the
Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to
discretionary review pursuant to the Rules of Appellate
Procedure. [1987 c 456 § 18.]
7.80.110 Hearings—Explanation of mitigating
circumstances. (1) A hearing held for the purpose of
allowing a person to explain mitigating circumstances
surrounding the commission of a civil infraction shall be an
informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been
committed may not be contested at a hearing held for the
purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the civil
infraction, an appropriate order shall be entered in the
court’s records.
(3) There is no appeal from the court’s determination or
order. [1987 c 456 § 19.]
7.80.120 Monetary penalties—Restitution. (1) A
person found to have committed a civil infraction shall be
assessed a monetary penalty.
(a) The maximum penalty and the default amount for a
class 1 civil infraction shall be two hundred fifty dollars, not
including statutory assessments, except for an infraction of
state law involving tobacco products as specified in RCW
70.93.060(4), in which case the maximum penalty and
default amount is five hundred dollars;
(b) The maximum penalty and the default amount for a
class 2 civil infraction shall be one hundred twenty-five
dollars, not including statutory assessments;
(c) The maximum penalty and the default amount for a
class 3 civil infraction shall be fifty dollars, not including
statutory assessments; and
(d) The maximum penalty and the default amount for a
class 4 civil infraction shall be twenty-five dollars, not
including statutory assessments.
(2) The supreme court shall prescribe by rule the
conditions under which local courts may exercise discretion
in assessing fines for civil infractions.
(3) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person
is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the
penalty is not paid on or before the time established for
payment, the court may proceed to collect the penalty in the
same manner as other civil judgments and may notify the
prosecuting authority of the failure to pay.
(4) The court may also order a person found to have
committed a civil infraction to make restitution. [1997 c 159
§ 2; 1987 c 456 § 20.]
[Title 7 RCW—page 73]
7.80.130
Title 7 RCW: Special Proceedings and Actions
7.80.130
Order of court—Civil nature—
Modification of penalty—Community restitution. (1) An
order entered after the receipt of a response which does not
contest the determination, or after it has been established at
a hearing that the civil infraction was committed, or after a
hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may waive, reduce, or suspend the
monetary penalty prescribed for the civil infraction. If the
court determines that a person has insufficient funds to pay
the monetary penalty, the court may order performance of a
number of hours of community restitution in lieu of a
monetary penalty, at the rate of the then state minimum
wage per hour. [2002 c 175 § 1; 1987 c 456 § 21.]
Effective date—2002 c 175: "This act takes effect July 1, 2002."
[2002 c 175 § 53.]
7.80.140 Costs and attorney fees. Each party to a
civil infraction case is responsible for costs incurred by that
party, but the court may assess witness fees against a
nonprevailing respondent. Attorney fees may be awarded to
either party in a civil infraction case. [1987 c 456 § 22.]
7.80.150 Notices—Record of—Cancellation prohibited, penalty—Audit. Every law enforcement agency in
this state or other agency authorized to issue notices of civil
infractions shall provide in appropriate form notices of civil
infractions which shall be issued in books with notices in
quadruplicate and meeting the requirements of this section.
The chief administrative officer of every such agency
shall be responsible for the issuance of such books and shall
maintain a record of every such book and each notice
contained therein issued to individual members or employees
of the agency and shall require and retain a receipt for every
book so issued.
Every law enforcement officer or other person upon
issuing a notice of civil infraction to an alleged perpetrator
of a civil infraction under the laws of this state or of any
ordinance of any city or town shall deposit the original or a
copy of such notice of civil infraction with a court having
competent jurisdiction over the civil infraction, as provided
in RCW 7.80.050.
Upon the deposit of the original or a copy of such
notice of civil infraction with a court having competent
jurisdiction over the civil infraction, the original or copy may
be disposed of only as provided in this chapter.
It is official misconduct for any law enforcement officer
or other officer or public employee to dispose of a notice of
civil infraction or copies thereof or of the record of the
issuance of the same in a manner other than as required in
this section.
The chief administrative officer of every law enforcement agency or other agency authorized to issue notices of
civil infractions shall require the return to him or her of a
copy of every notice issued by a person under his or her
supervision to an alleged perpetrator of a civil infraction
under any law or ordinance and of all copies of every notice
which has been spoiled or upon which any entry has been
made and not issued to an alleged perpetrator.
Such chief administrative officer shall also maintain or
cause to be maintained in connection with every notice
[Title 7 RCW—page 74]
issued by a person under his or her supervision a record of
the disposition of the charge by the court in which the
original or copy of the notice was deposited.
Any person who cancels or solicits the cancellation of
any notice of civil infraction, in any manner other than as
provided in this section, is guilty of a misdemeanor.
Every record of notices required in this section shall be
audited monthly by the appropriate fiscal officer of the
government agency to which the law enforcement agency or
other agency authorized to issue notices of civil infractions
is responsible. [1987 c 456 § 23.]
7.80.160 Notice, failure to sign, nonappearance—
Failure to satisfy penalty. (1) A person who fails to sign
a notice of civil infraction is guilty of a misdemeanor.
(2) Any person willfully violating his or her written and
signed promise to appear in court or his or her written and
signed promise to respond to a notice of civil infraction is
guilty of a misdemeanor regardless of the disposition of the
notice of civil infraction. A written promise to appear in
court or a written promise to respond to a notice of civil
infraction may be complied with by an appearance by
counsel.
(3) A person who willfully fails to pay a monetary
penalty or to perform community restitution as required by
a court under this chapter may be found in contempt of court
as provided in chapter 7.21 RCW. [2002 c 175 § 2; 1989 c
373 § 12; 1987 c 456 § 24.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—1989 c 373: See RCW 7.21.900.
7.80.900 Decriminalization of certain municipal
ordinances. Any municipal criminal ordinance in existence
on the January 1, 1989, which is the same as or substantially
similar to a statute which is decriminalized by sections 25
through 30 and 32, chapter 456, Laws of 1987 is deemed to
be civil in nature and shall be punished as provided in this
chapter. [1987 c 456 § 31.]
7.80.901 Effective date—1987 c 456 §§ 9-31.
Sections 9 through 31 of this act shall take effect January 1,
1989. [1987 c 456 § 34.]
Chapter 7.84
NATURAL RESOURCE INFRACTIONS
Sections
7.84.010
7.84.020
7.84.030
7.84.040
7.84.050
7.84.060
7.84.070
7.84.080
7.84.090
7.84.100
7.84.110
7.84.120
Legislative declaration.
"Infraction" defined.
Notice of infraction—Issuance, service, filing—Penalty.
Jurisdiction of court—Venue.
Notice—Determination final unless contested—Form.
Response to notice—Contesting determination—Mitigating
circumstances—Hearing—Failure to respond or appear—Penalty.
Hearing—Rules of procedure—Counsel.
Hearing—Contesting determination that infraction committed—Appeal.
Hearing—Explanation of mitigating circumstances.
Monetary penalties.
Order of court—Civil nature—Modification of penalty—
Community restitution.
Issuance of process.
(2002 Ed.)
Natural Resource Infractions
7.84.130
Failure to pay or complete community restitution—Penalty.
7.84.900
Effective date—1987 c 380.
7.84.901
Severability—1987 c 380.
Tree spiking, action for damages: RCW 9.91.155.
7.84.010 Legislative declaration. The legislature
declares that decriminalizing certain offenses contained in
Titles 75, 76, 77, 79, and 79A RCW and chapter 43.30
RCW and any rules adopted pursuant to those titles and
chapters would promote the more efficient administration of
those titles and chapters. The purpose of this chapter is to
provide a just, uniform, and efficient procedure for adjudicating those violations which, in any of these titles and chapters
or rules adopted under these chapters or titles, are declared
not to be criminal offenses. The legislature respectfully requests the supreme court to prescribe any rules of procedure
necessary to implement this chapter. [1999 c 249 § 502;
1993 c 244 § 2; 1987 c 380 § 1.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
7.84.020 "Infraction" defined. Unless the context
clearly requires otherwise, the definition in this section
applies throughout this chapter.
"Infraction" means an offense which, by the terms of
Title *75, 76, 77, 79, or 79A RCW or chapter 43.30 RCW
and rules adopted under these titles and chapters, is declared
not to be a criminal offense and is subject to the provisions
of this chapter. [1999 c 249 § 503; 1993 c 244 § 3; 1987 c
380 § 2.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
7.84.030 Notice of infraction—Issuance, service,
filing—Penalty. (1) An infraction proceeding is initiated by
the issuance, service, and filing of a notice of infraction.
(2) A notice of infraction may be issued by a person
authorized to enforce the provisions of the title or chapter in
which the infraction is established when the infraction occurs
in that person’s presence.
(3) A court may issue a notice of infraction if a person
authorized to enforce the provisions of the title or chapter in
which the infraction is established files with the court a
written statement that the infraction was committed in that
person’s presence or that the officer has reason to believe an
infraction was committed.
(4) Service of a notice of infraction issued under
subsection (2) or (3) of this section shall be as provided by
court rule.
(5) A notice of infraction shall be filed with a court
having jurisdiction within five days of issuance, excluding
Saturdays, Sundays, and holidays.
(6) Failure to sign an infraction notice shall constitute
a misdemeanor under chapter 9A.20 RCW. [1987 c 380 §
3.]
(2002 Ed.)
Chapter 7.84
7.84.040 Jurisdiction of court—Venue. (1) Infraction proceedings may be heard and determined by a district
court.
(2) Infraction proceedings shall be brought in the district
court district in which the infraction occurred. If an infraction takes place in the offshore waters, as defined in *RCW
75.08.011, the infraction proceeding may be brought in any
county bordering on the Pacific Ocean. [1987 c 380 § 4.]
*Reviser’s note: RCW 75.08.011 was repealed by 2000 c 107 § 125.
7.84.050 Notice—Determination final unless contested—Form. (1) A notice of infraction represents a determination that an infraction has been committed. The determination shall be final unless contested as provided in this
chapter.
(2) The form for the notice of infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination that an infraction has been committed by the person
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(b) A statement that an infraction is a noncriminal
offense for which imprisonment will not be imposed as a
sanction;
(c) A statement of the specific infraction for which the
notice was issued;
(d) A statement of the monetary penalty established for
the infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that at any hearing to contest the
determination, the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed; and that the person may subpoena witnesses
including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the
purpose of explaining mitigating circumstances surrounding
the commission of the infraction the person shall be deemed
to have committed the infraction and shall not subpoena
witnesses;
(h) A statement that failure to respond to a notice of
infraction within fifteen days is a misdemeanor and may be
punished by fine or imprisonment;
(i) A statement that failure to appear at a hearing
requested for the purpose of contesting the determination or
for the purpose of explaining mitigating circumstances is a
misdemeanor and may be punished by fine or imprisonment;
and
(j) A statement, which the person shall sign, that the
person promises to respond to the notice of infraction in one
of the ways provided in this chapter. [1987 c 380 § 5.]
7.84.060 Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to
respond or appear—Penalty. (1) Any person who receives
a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the
notice.
[Title 7 RCW—page 75]
7.84.060
Title 7 RCW: Special Proceedings and Actions
(2) If the person determined to have committed the
infraction does not contest the determination, the person shall
respond by completing the appropriate portion of the notice
of infraction and submitting it, either by mail or in person,
to the court specified on the notice. A check or money
order in the amount of the penalty prescribed for the
infraction shall be submitted with the response. When a
response which does not contest the determination is
received, an appropriate order shall be entered in the court’s
records.
(3) If the person determined to have committed the
infraction wishes to contest the determination, the person
shall respond by completing the portion of the notice of
infraction requesting a hearing and submitting it, either by
mail or in person, to the court specified on the notice. The
court shall notify the person in writing of the time, place,
and date of the hearing, and that date shall not be sooner
than seven days from the date of the notice, except by
agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction,
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it, either by mail or in person, to the court
specified on the notice. The court shall notify the person in
writing of the time, place, and date of the hearing.
(5) If any person issued a notice of infraction: (a) Fails
to respond to the notice of infraction as provided in subsection (2) of this section, or (b) fails to appear at a hearing
requested pursuant to subsection (3) or (4) of this section,
the court shall enter an appropriate order assessing the
monetary penalty prescribed for the infraction and any other
penalty authorized by this chapter. In addition, failure to
respond to a notice of infraction, as required by this chapter,
and failure to appear at a hearing requested pursuant to
subsection (3) or (4) of this section are each punishable as
a misdemeanor under chapter 9A.20 RCW. [1987 c 380 §
6.]
(3) The burden of proof is upon the state to establish the
commission of the infraction by a preponderance of the
evidence.
(4) After consideration of the evidence and argument,
the court shall determine whether the infraction was committed. Where it has not been established that the infraction
was committed, an order dismissing the notice shall be
entered in the court’s records. Where it has been established
that the infraction was committed, the court may assess a
monetary penalty not exceeding that provided for the
infraction in the applicable court rule or statute and shall
enter an appropriate order.
(5) An appeal from the court’s determination or order
shall be to the superior court. A defendant may appeal a
judgment entered after a contested hearing finding that the
defendant has committed the infraction. The plaintiff may
appeal a decision which in effect abates, discontinues, or
determines the case other than by a judgment that the
defendant has not committed an infraction. No other orders
or judgments are appealable by either party. The decision of
the superior court is subject only to discretionary review
pursuant to the rules of appellate procedure. [1987 c 380 §
8.]
7.84.070 Hearing—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided for
in this chapter may be established by rule of the supreme
court.
(2) Any person subject to proceedings under this chapter
may be represented by counsel. [1987 c 380 § 7.]
7.84.100 Monetary penalties. (1) A person found to
have committed an infraction shall be assessed a monetary
penalty. No penalty may exceed five hundred dollars for
each offense unless specifically authorized by statute.
(2) The supreme court may prescribe by rule a schedule
of monetary penalties for designated infractions. The
legislature requests the supreme court to adjust this schedule
every two years for inflation. The maximum penalty
imposed by the schedule shall be five hundred dollars per
infraction and the minimum penalty imposed by the schedule
shall be ten dollars per infraction. This schedule may be
periodically reviewed by the legislature and is subject to its
revision.
(3) Whenever a monetary penalty is imposed by a court
under this chapter, it is immediately payable. If the person
is unable to pay at that time, the court may, in its discretion,
grant an extension of the period in which the penalty may be
paid. [1987 c 380 § 10.]
7.84.080 Hearing—Contesting determination that
infraction committed—Appeal. (1) A hearing held for the
purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of infraction and
any other written report made under oath submitted by the
officer who issued the notice or whose written statement was
the basis for the issuance of the notice in lieu of the officer’s
personal appearance at the hearing. The person named in
the notice may subpoena witnesses, including the officer, and
has the right to present evidence and examine witnesses
present in court. The rules of evidence shall apply to
contested hearings.
[Title 7 RCW—page 76]
7.84.090 Hearing—Explanation of mitigating
circumstances. (1) A hearing held for the purpose of
allowing a person to explain mitigating circumstances
surrounding the commission of an infraction shall be an
informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been
committed shall not be contested at a hearing held for the
purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the infraction,
it may assess a monetary penalty not exceeding that provided
for the infraction in rules adopted pursuant to this chapter
and shall enter an appropriate order.
(3) There may be no appeal from the court’s determination or order. [1987 c 380 § 9.]
7.84.110
Order of court—Civil nature—
Modification of penalty—Community restitution. (1) An
(2002 Ed.)
Natural Resource Infractions
order entered after the receipt of a response which does not
contest the determination, or after it has been established at
a hearing that the infraction was committed, or after a
hearing for the purpose of explaining mitigating circumstances, is civil in nature.
(2) The court may, in its discretion, waive, reduce, or
suspend the monetary penalty prescribed for the infraction.
At the person’s request, the court may order performance of
a number of hours of community restitution in lieu of a
monetary penalty, at the rate of the then state minimum
wage per hour. [2002 c 175 § 3; 1987 c 380 § 11.]
Effective date—2002 c 175: See note following RCW 7.80.130.
7.84.120 Issuance of process. A court of limited
jurisdiction having jurisdiction over an alleged infraction
may issue process anywhere within the state. [1987 c 380
§ 12.]
7.84.130 Failure to pay or complete community
restitution—Penalty. (1) Failure to pay a monetary penalty
assessed by a court under the provisions of this chapter is a
misdemeanor under chapter 9A.20 RCW.
(2) Failure to complete community restitution ordered
by a court under the provisions of this chapter is a misdemeanor under chapter 9A.20 RCW. [2002 c 175 § 4; 1987
c 380 § 13.]
Effective date—2002 c 175: See note following RCW 7.80.130.
7.84.900 Effective date—1987 c 380. This act shall
take effect January 1, 1988. [1987 c 380 § 21.]
7.84.901 Severability—1987 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 380 § 22.]
Chapter 7.88
CONFIDENTIALITY OF FINANCIAL INSTITUTION
COMPLIANCE REVIEW INFORMATION
Sections
7.88.005
7.88.010
7.88.020
7.88.030
7.88.040
7.88.050
Findings.
Definitions.
Compliance review document confidentiality—Civil actions—Immunity of compliance review personnel from
compulsory testimony.
Compliance review document confidentiality—Exceptions.
Court review of application of privilege—Disclosure order.
Other privileges not limited, waived, or abrogated.
7.88.005 Findings. The legislature finds and declares
that efforts by financial institutions to comply voluntarily
with state and federal statutory and regulatory requirements
are vital to the public interest; that possible discovery and
use in civil litigation of work produced in connection with
such voluntary compliance efforts has an undesirable chilling
effect on the use, scope, and effectiveness of voluntary
compliance efforts by financial institutions; and that the
public interest in encouraging aggressive voluntary compli(2002 Ed.)
7.84.110
ance review outweighs the value of this work product in
civil litigation. [1997 c 435 § 1.]
7.88.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affiliate" means any person that controls, is
controlled by, or is under common control with a financial
institution.
(2) "Civil action" means a civil proceeding pending in
a court or other adjudicatory tribunal with jurisdiction to
issue a request or subpoena for records, including a voluntary or mandated alternative dispute resolution mechanism
under which a party may compel the production of records.
"Civil action" does not include an examination or enforcement proceeding initiated by a governmental agency with
primary regulatory jurisdiction over a financial institution in
possession of a compliance review document.
(3) "Compliance review personnel" means a person or
persons assigned and directed by the board of directors or
management of a financial institution or affiliate to conduct
a compliance review, and any person engaged or assigned by
compliance review personnel or by the board of directors or
management to assist in a compliance review.
(4) "Compliance review" means a self-critical analysis
conducted by compliance review personnel to test, review,
or evaluate past conduct, transactions, policies, or procedures
for the purpose of confidentially (a) ascertaining, monitoring,
or remediating violations of applicable state and federal
statutes, rules, regulations, or mandatory policies, statements,
or guidelines, (b) assessing and improving loan quality, loan
underwriting standards, or lending practices, or (c) assessing
and improving financial reporting to federal or state regulatory agencies.
(5) "Compliance review document" means any record
prepared or created by compliance review personnel in
connection with a compliance review. "Compliance review
document" includes any documents created or data generated
in the course of conducting a compliance review, but does
not include other underlying documents, data, or factual
materials that are the subject of, or source materials for, the
compliance review, including any documents in existence
prior to the commencement of the compliance review that
are not themselves compliance review documents related to
a past compliance review.
(6) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized by federal or state law to accept deposits in
this state.
(7) "Person" means an individual, group, committee,
partnership, firm, association, corporation, limited liability
company, or other entity, including a financial institution or
affiliate and its agents, employees, legal counsel, auditors,
and consultants. [1997 c 435 § 2.]
7.88.020 Compliance review document confidentiality—Civil actions—Immunity of compliance review
personnel from compulsory testimony. Except as provided
in RCW 7.88.030:
[Title 7 RCW—page 77]
7.88.020
Title 7 RCW: Special Proceedings and Actions
(1) Compliance review documents are confidential and
are not discoverable or admissible as evidence in any civil
action.
(2) Compliance review personnel shall not be required
to testify at deposition or trial in any civil action concerning
the contents of or matters addressed in any compliance
review or any compliance review documents, nor as to the
actions or activities undertaken by or at the direction of the
financial institution or affiliate in connection with a compliance review. [1997 c 435 § 3.]
7.88.030 Compliance review document confidentiality—Exceptions. RCW 7.88.020 does not:
(1) Limit the discovery or admissibility in any civil
action of any documents that are not compliance review
documents;
(2) Limit the discovery or admissibility of the testimony
as to the identity of relevant witnesses or the identification
of any relevant documents other than compliance review
documents;
(3) Apply if the financial institution or affiliate expressly waives the privilege in writing;
(4) Apply if a compliance review document or matters
learned in connection with a compliance review are voluntarily disclosed, but only to the extent of that disclosure, to
a nonaffiliated third party other than a federal or state
regulatory agency or legal counsel for or independent
auditors of the financial institution or affiliate; or
(5) Apply to any information required by statute, rule,
or federal regulation to be maintained by or provided to a
governmental agency while the information is in the possession of the agency, to the extent applicable law authorizes its
disclosure. [1997 c 435 § 4.]
7.88.040 Court review of application of privilege—
Disclosure order. In a proceeding in which the privilege
provided by this chapter is asserted, a court of competent
jurisdiction may determine after in camera review that the
privilege does not apply to any or all of the documents for
which the privilege is claimed, and if so, the court may order
the materials disclosed but shall protect from disclosure any
other material in or related to compliance review documents
or to activities of compliance review personnel to which the
privilege does apply. [1997 c 435 § 5.]
7.88.050 Other privileges not limited, waived, or
abrogated. This chapter does not limit, waive, or abrogate
the scope or nature of any other statutory or common law
privilege of this state or the United States, including the
attorney-client privilege. [1997 c 435 § 6.]
[Title 7 RCW—page 78]
(2002 Ed.)
Title 8
EMINENT DOMAIN
Chapters
8.04
8.08
8.12
8.16
8.20
8.24
8.25
8.26
8.28
Eminent domain by state.
Eminent domain by counties.
Eminent domain by cities.
Eminent domain by school districts.
Eminent domain by corporations.
Private ways of necessity.
Additional provisions applicable to eminent
domain proceedings.
Relocation assistance—Real property acquisition policy.
Miscellaneous provisions.
Access to state timber and other valuable material: Chapter 76.16 RCW.
Assessments against public lands: RCW 79.44.140.
Cemetery districts: RCW 68.52.200.
Community renewal law: RCW 35.81.080.
Diking and drainage districts
appropriation of lands: RCW 85.05.070, 85.05.230, 85.05.240, 85.06.070.
in two or more counties: RCW 85.24.260 through 85.24.265.
special districts: RCW 85.38.180.
Diking, drainage, and sewerage improvement districts: RCW 85.08.190.
Drainage districts: Chapter 85.06 RCW.
East capitol site: RCW 79.24.520.
Eminent domain
affecting corporations other than municipal: State Constitution Art. 12 §
10.
state Constitution Art. 1 § 16 (Amendment 9).
telegraph and telephone companies: State Constitution Art. 12 § 19.
Existing and additional toll bridges: RCW 47.58.080.
Fire protection districts: Chapters 52.04, 52.12 RCW.
Flood control districts: RCW 86.09.202 through 86.09.223.
Gas companies: RCW 80.28.220, 80.28.230.
Generation of electricity by steam: RCW 43.21A.616.
Highways, acquisition in advance of programmed construction: RCW
47.12.190.
Housing authority: RCW 35.82.070, 35.82.110.
Limited access facilities, acquisition of property for: RCW 47.52.050.
Metropolitan municipal corporations: RCW 35.58.320.
Municipal airports: RCW 14.07.020.
Park and playground systems—Counties, service area: Chapter 36.68
RCW.
Parking commission: RCW 35.86A.080.
Port districts: RCW 53.08.010, 53.08.020, 53.25.100, 53.25.190.
Public hospital districts: RCW 70.44.060.
Public stadium, convention, performing arts, and visual arts facilities:
RCW 67.28.140.
Public utility districts: Chapters 54.16, 54.20 RCW.
Public waterways: RCW 91.08.100 through 91.08.260.
Reclamation districts: RCW 89.30.130, 89.30.184 through 89.30.208.
Recreational facilities: RCW 67.20.010.
Regional transport authorities: RCW 81.112.080.
Road improvement districts: RCW 36.88.310.
State board for community and technical colleges: RCW 28B.50.090.
Tax lien, amount withheld from condemnation award: RCW 84.60.050.
(2002 Ed.)
Toll bridges: RCW 47.56.090.
Toll roads: RCW 47.56.090, 47.56.400.
Underground storage of natural gas: RCW 80.40.030.
Utility district, county-wide—Distribution properties: RCW 54.32.040.
Valuation: Chapters 84.33, 84.34, 84.36, 84.38 RCW.
Warehouses and elevators: Chapter 22.16 RCW.
Water-sewer districts: Chapter 57.16 RCW.
Chapter 8.04
EMINENT DOMAIN BY STATE
Sections
8.04.010
8.04.020
8.04.060
8.04.070
8.04.080
Petition for appropriation—Contents.
Notice—Contents—Service—Publication.
Adjournment of proceedings—Further notice.
Hearing—Order adjudicating public use.
Order to direct determination of damages and offsetting
benefits.
8.04.090
Order for immediate possession—Payment of tender into
court.
8.04.092
Determination of adequacy of payment—Jury trial—Costs.
8.04.094
Demand for trial—Time of trial—Decree of appropriation.
8.04.097
Acquisition when several ownerships.
8.04.098
Acquisition when several ownerships—Public use.
8.04.099
Acquisition when several ownerships—Selection of single
jury.
8.04.100
Cases may be consolidated for trial.
8.04.110
Trial—Damages to be found.
8.04.112
Damages to buildings.
8.04.114
Damages to buildings—Where based on readjustment or
moving.
8.04.120
Judgment—Decree of appropriation—Recording.
8.04.130
Payment of damages—Effect—Costs—Appellate review.
8.04.140
Claimants, payment of—Conflicting claims.
8.04.150
Appellate review.
8.04.160
Award, how paid into court.
8.04.170
Condemnation for military purposes.
8.04.180
Condemnation for military purposes—Construction.
8.04.191
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
Additional provisions applicable to eminent domain proceedings: Chapter
8.25 RCW.
City streets as state highways—Rights of way: RCW 47.24.030.
Condemnation of blighted property: Chapter 35.80A RCW.
Department of ecology: RCW 43.21A.450, 43.21A.610 through 43.21A.642.
Department of fish and wildlife—Acquisition of property—Condemnation—
When authorized: RCW 77.12.037.
Department of transportation—Airports, facilities: RCW 47.68.100,
47.68.120.
Joint operating agency: RCW 43.52.391.
Mt. St. Helens recovery—Department of transportation: RCW 43.01.210.
Parks and recreation commission: RCW 79A.05.030(7).
Puget Sound ferry and toll bridge system: RCW 47.60.020.
Quinault Tribal Highway: RCW 47.20.725.
Relocation assistance: Chapter 8.26 RCW.
State agency housing: RCW 43.82.030.
State highways: Chapter 47.12 RCW.
[Title 8 RCW—page 1]
Chapter 8.04
Title 8 RCW: Eminent Domain
Tidelands, shorelands, oyster reserves—Department of natural resources:
RCW 79.91.210.
8.04.010 Petition for appropriation—Contents.
Whenever any officer, board, commission, or other body
representing the state is authorized by the legislature to
acquire any land, real estate, premises, or other property,
deemed necessary for the public uses of the state, or any
department or institution thereof, the attorney general shall
present to the superior court of the county in which the land,
real estate, premises, or other property so sought to be
acquired or appropriated is situated, a petition in which the
land, real estate, premises, or other property sought to be
appropriated shall be described with reasonable certainty, and
setting forth the name of each and every owner, encumbrancer, or other person or party interested therein, or any
part thereof, insofar as can be ascertained from the public records, the object for which the property is sought to be
appropriated, and praying that a jury be impanelled to
ascertain and determine the compensation to be made in
money to such owner or owners, respectively, and to all
tenants, encumbrancers, and others interested, for taking such
land, real estate, premises, or other property, or in case a
jury is waived, as in other civil cases in courts of record, in
the manner prescribed by law, then that the compensation to
be made as aforesaid be ascertained and determined by the
court. [1955 c 156 § 6; 1911 c 64 § 1; 1891 c 74 § 1; RRS
§ 891.]
8.04.020 Notice—Contents—Service—Publication.
A notice stating briefly the objects of the petition and
containing a description of the land, real estate, premises or
property sought to be acquired and appropriated, and stating
the time and place when and where the same will be
presented to the court or the judge thereof, shall be served
on each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein at least ten
days previous to the time designated in such notice for the
presentation of such petition. Such service shall be made by
delivering a copy of such notice to each of the persons or
parties so named therein, if a resident of the state; or, in case
of the absence of such person or party from his or her usual
place of abode, by leaving a copy of such notice at his or
her usual place of abode; or, in case of a foreign corporation,
at its principal place of business in this state, with some
person of more than sixteen years of age. In case of
domestic corporations, such service shall be made upon the
president, secretary or other director or trustee of such
corporation. In case of persons under the age of eighteen
years, on their guardians, or in case no guardian shall have
been appointed, then on the person who has the care and
custody of such person; in case of idiots, lunatics or distracted persons, on their guardians, or in case no guardian shall
have been appointed, then on the person in whose care or
charge they are found. In case the land, real estate, premises
or other property sought to be appropriated is school or
county land, the notice shall be served on the auditor of the
county in which the land, real estate, premises or other
property sought to be acquired and appropriated is situated.
In all cases where the owner or person claiming an interest
in such real estate or other property is a nonresident of this
state, or where the residence of such owner or person is
[Title 8 RCW—page 2]
unknown, and an affidavit of the attorney general shall be
filed that such owner or person is a nonresident of this state,
or that after diligent inquiry his residence is unknown or
cannot be ascertained, service may be made by publication
thereof in any newspaper published in the county where such
lands are situated once a week for two successive weeks;
and in case no newspaper is published in said county, then
such publication may be had in a newspaper published in the
county nearest the county in which lies the land sought to be
acquired and appropriated. And such publication shall be
deemed service upon each of such nonresident person or
persons whose residence is unknown. Such notice shall be
signed by the attorney general of the state of Washington.
Such notice may be served by any competent person
eighteen years of age or over. Due proof of the service of
such notice by affidavit of the person serving the same, or
by the printer’s affidavit of publication, shall be filed with
the clerk of such superior court before or at the time of the
presentation of such petition. Want of service of such notice
shall render the subsequent proceedings void as to the person
not served, but all persons or parties having been served
with notice as herein provided, either by publication or
otherwise, shall be bound by the subsequent proceedings. In
all other cases not otherwise provided for, service of notices,
order and other papers in the proceedings, authorized by
RCW 8.04.010 through 8.04.160, may be made as the superior court or judge thereof may direct. [1971 ex.s. c 292 §
10; 1891 c 74 § 2; RRS § 892. Formerly RCW 8.04.020,
8.04.030, 8.04.040, 8.04.050.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Publication of legal notices: Chapter 65.16 RCW.
Publication of notice in eminent domain proceedings: RCW 4.28.120.
Service of process where state land is involved: RCW 8.28.010.
8.04.060 Adjournment of proceedings—Further
notice. The court or judge may, upon application of the said
attorney general or any owner or party interested, for
reasonable cause, adjourn the proceedings from time to time,
and may order new or further notice to be given to any party
whose interest may be affected. [1891 c 74 § 3; RRS §
893.]
8.04.070 Hearing—Order adjudicating public use.
At the time and place appointed for hearing the petition, or
to which the hearing may have been adjourned, if the court
has satisfactory proof that all parties interested in the lands,
real estate, premises or other property described in the
petition have been duly served with the notice, and is further
satisfied by competent proof that the contemplated use for
which the lands, real estate, premises, or other property are
sought to be appropriated is really necessary for the public
use of the state, it shall make and enter an order, to be
recorded in the minutes of the court, and which order shall
be final unless appellate review thereof is sought within five
days after entry thereof, adjudicating that the contemplated
use for which the lands, real estate, premises or other
property are sought to be appropriated is really a public use
of the state. [1988 c 202 § 6; 1971 c 81 § 33; 1955 c 213
§ 2. Prior: 1925 ex.s. c 98 § 1, part; 1891 c 74 § 4, part;
RRS § 894, part.]
(2002 Ed.)
Eminent Domain by State
Rules of court: Writ procedure superseded by RAP 2.1, 2.2(a)(4), 5.2,
18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
8.04.080 Order to direct determination of damages
and offsetting benefits. The order shall direct that determination be had of the compensation and damages to be paid
all parties interested in the land, real estate, premises or
other property sought to be appropriated for the taking and
appropriation thereof, together with the injury, if any, caused
by such taking and appropriation to the remainder of the
lands, real estate, premises, or other property from which the
same is to be taken and appropriated after offsetting against
any and all such compensation and damages the special
benefits, if any, accruing to such remainder by reason of the
appropriation and the use by the state of the lands, real
estate, premises, and other property described in the petition.
The determination shall be made within thirty days after the
entry of such order, before a jury if trial by jury is demanded at the hearing either by the petitioner or by the respondents, otherwise by the court sitting without a jury. If no
regular venire has been called so as to be available to serve
within such time on application of the petitioner at the
hearing, the court may by its order continue such determination to the next regular jury term if a regular venire will be
called within sixty days, otherwise the court shall call a
special jury within said sixty days and direct that a jury
panel be selected and summoned pursuant to chapter 2.36
RCW, from the citizens of the county in which the lands,
real estate, premises, or other property sought to be appropriated are situated, as many qualified persons as may be
necessary in order to form a jury of twelve persons, unless
the petitioner and respondents both consent to a less number
of jurors (such number to be not less than three), and such
consent is entered by the clerk in the minutes of such hearing. In any county with a population of less than seventy
thousand, the costs of such special jury for the trial of such
condemnation cases only shall be borne by the state. [1991
c 363 § 8; 1988 c 188 § 15; 1955 c 213 § 3. Prior: 1925
ex.s. c 98 § 1, part; 1891 c 74 § 4, part; RRS § 894, part.]
Rules of court: CR 47, 48.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
Juries in courts of limited jurisdiction: RCW 2.36.050.
8.04.090 Order for immediate possession—Payment
of tender into court. In case the state shall require immediate possession and use of the property sought to be condemned, and an order of necessity shall have been granted,
and no review has been taken therefrom, the attorney general
may stipulate with respondents in accordance with the
provisions of this section and RCW 8.04.092 and 8.04.094
for an order of immediate possession and use, and file with
the clerk of the court wherein the action is pending, a
certificate of the state’s requirement of immediate possession
and use of the land, which shall state the amount of money
offered to the respondents and shall further state that such
offer constitutes a continuing tender of such amount. The
attorney general shall file a copy of the certificate with the
office of financial management, which forthwith shall issue
(2002 Ed.)
8.04.070
and deliver to him a warrant payable to the order of the
clerk of the court wherein the action is pending in a sum
sufficient to pay the amount offered, which shall forthwith
be paid into the registry of the court. The court without
further notice to respondent shall enter an order granting to
the state the immediate possession and use of the property
described in the order of necessity, which order shall bind
the petitioner to pay the full amount of any final judgment
of compensation and damages which may thereafter be
awarded for the taking and appropriation of the lands, real
estate, premises, or other property described in the petition
and for the injury, if any, to the remainder of the lands, real
estate, premises, or other property from which they are to be
taken by reason of such taking and appropriation, after
offsetting against any and all such compensation and
damages the special benefits, if any, accruing to such
remainder by reason of the appropriation and use by the state
of the lands, real estate, premises, or other property described in the petition. The moneys paid into court may at
any time after entry of the order of immediate possession, be
withdrawn by respondents, by order of the court, as their
interests shall appear. [1979 c 151 § 7; 1973 c 106 § 7;
1955 c 213 § 4. Prior: 1951 c 177 § 1; 1925 ex.s. c 98 §
1, part; RRS § 894, part.]
8.04.092 Determination of adequacy of payment—
Jury trial—Costs. The amount paid into court shall
constitute just compensation paid for the taking of such
property: PROVIDED, That respondents may, in the same
action, request a trial for the purpose of assessing the
amount of compensation to be made and the amount of
damages arising from the taking. At the trial, the date of
valuation of the property shall be the date of entry of the
order granting to the state immediate possession and use of
the property. If, pursuant to such hearing, the verdict of the
jury, unless a jury is waived by all parties, or decision of the
court, awards respondents an amount in excess of the tender,
the court shall order the excess paid to respondents with
interest thereon from the time of the entry of the order of
immediate possession, and shall charge the costs of the action to the state. If, pursuant to the trial, the verdict of the
jury or decision of the court awards respondents an amount
equal to the tender, the costs of the action shall be charged
to the state, and if the verdict or decision awards an amount
less than the amount of the tender, the state shall be taxed
for costs and the state, if respondents have accepted the tender and withdrawn the amount paid into court, shall be
entitled to a judgment for the difference; otherwise, the
excess on deposit shall be returned to the state. [1983 c 140
§ 1; 1955 c 155 § 1; 1951 c 177 § 2.]
8.04.094 Demand for trial—Time of trial—Decree
of appropriation. If any respondent shall elect to demand
a trial for the purpose of assessing just compensation and
damages arising from the taking, he shall so move within
sixty days from the date of entry of the order of immediate
possession and use, and the issues shall be brought to trial
within one year from the date of such order unless good and
sufficient proof shall be offered and it shall appear therefrom
to the court that the hearing could not have been held within
said year. In the event that no such demand be timely made
[Title 8 RCW—page 3]
8.04.094
Title 8 RCW: Eminent Domain
or having been timely made, shall not be brought to trial
within the limiting period, the court, upon application of the
state, shall enter a decree of appropriation for the amount
paid into court under the provisions of RCW 8.04.090, as the
total sum to which respondents are entitled, and such decree
shall be final and nonappealable. [1951 c 177 § 3.]
8.04.097 Acquisition when several ownerships.
Whenever it becomes necessary on behalf of the state to
acquire by condemnation more than one tract of land, property, or property rights, existing in any one county, and held
in different ownerships or interests, the state may consolidate
and file a single petition as one action against the several
tracts of land, property, or property rights held by said
different ownerships or interests, setting forth separately the
descriptions of the tracts of land, property, or property rights
needed, and the owners, persons, or parties interested therein.
[1955 c 156 § 1. Formerly RCW 8.04.190.]
8.04.098 Acquisition when several ownerships—
Public use. At the time and place appointed for hearing the
petition, the court may enter an order adjudicating public use
as affecting all tracts of land, property, or property rights as
described therein, which order shall be final as to those
respondents not seeking a review to the supreme court or the
court of appeals within five days after the entry thereof.
[1971 c 81 § 34; 1955 c 156 § 2. Formerly RCW 8.04.200.]
8.04.099 Acquisition when several ownerships—
Selection of single jury. Thereafter, if requested by the
state, a single jury shall be selected to hear and determine in
separate trials, the amount of compensation and damages, if
any, that shall be paid for the different tracts, parcels,
property, or property rights, as set forth in the petition.
[1955 c 156 § 3. Formerly RCW 8.04.210.]
Juries—Civil actions, selection, impaneling, and swearing of: Chapters
2.36, 4.44 RCW.
8.04.100 Cases may be consolidated for trial. At the
time of fixing the date for trial by jury in any case the court
may, on application of the petitioner, order that any one or
more condemnation cases then pending before the court and
requiring determination by a jury of the compensation and
damages as aforesaid be consolidated and tried before one
and the same jury but with a separate award to be made in
each case. If necessary, the sheriff, under direction of the
court or judge thereof, shall summon as many qualified
persons as may be required to complete the jury from
citizens of the county where such lands, real estate, premises
or other property sought to be appropriated are situated.
[1955 c 213 § 5. Prior: 1925 ex.s. c 98 § 1, part; RRS §
894, part.]
8.04.110 Trial—Damages to be found. A judge of
the superior court shall preside at the trial to determine the
compensation and damage to be awarded, which trial shall
be held at the court house in the county where the land, real
estate, premises or other property sought to be appropriated
or acquired is situated: and in the case of each such trial by
jury the jurors by their verdict shall fix as a lump sum the
total amount of damages which shall result to all persons or
[Title 8 RCW—page 4]
parties and to any county and to all tenants, encumbrancers
and others interested therein, by reason of the appropriation
and use of the lands, real estate, premises or other property
sought to be appropriated or acquired. Upon the trial,
witnesses may be examined in behalf of either party to the
proceedings as in civil actions; and a witness served with a
subpoena in each proceeding shall be punished for failure to
appear at such trial, or for perjury, as upon a trial of a civil
action. In case a jury is not demanded as provided for in
*section 894 such total amount of damages shall be ascertained and determined by the court or judge thereof and the
proceedings shall be the same as in trials of an issue of fact
by the court. [1925 ex.s. c 98 § 2; 1891 c 74 § 5; RRS §
895.]
Rules of court: CR 26 through 37.
*Reviser’s note: "section 894" refers to RRS § 894 herein codified
(as amended) as RCW 8.04.070, 8.04.080, 8.04.090, and 8.04.100.
Witnesses, examination of: Title 5 RCW.
8.04.112 Damages to buildings. If there is a building
standing, in whole or in part, upon any land to be taken, the
jury shall add to their finding of the value of the land taken,
the damages to the building. If the entire building is taken,
or if the building is damaged, so that it cannot be readjusted
to the premises, then the measure of damages shall be the
fair market value of the building. If part of the building is
taken or damaged and the building can be readjusted or
replaced on the part of the land remaining, and the state
agrees thereto, then the measure of damages shall be the cost
of readjusting or moving the building, or the part thereof
left, together with the depreciation in the market value of the
building by reason of such readjustment or moving. [1955
c 156 § 4.]
8.04.114 Damages to buildings—Where based on
readjustment or moving. If damages are based upon
readjustment or moving of building or buildings, the court
shall order and fix the time in the judgment and decree of
appropriation within which any such building must be moved
or readjusted. Upon failure to comply with said order, the
state may move said building upon respondent’s remaining
land and recover its costs and expenses incidental thereto.
The state shall have a lien upon the building and the
remaining land from the date of the judgment and decree of
appropriation for the necessary costs and expenses of
removal until the order of the court has been complied with.
The amount of the lien and satisfaction thereof shall be by
application and entry of a supplemental judgment in said
proceedings and execution thereon. [1955 c 156 § 5.]
8.04.120 Judgment—Decree of appropriation—
Recording. At the time of rendering judgment for damages,
whether upon default or trial, the court or judge thereof shall
also enter a judgment or decree of appropriation of the land,
real estate or premises sought to be appropriated, thereby
vesting the legal title to the same in the state of Washington.
Whenever said judgment or decree of appropriation is made,
a certified copy of such judgment or decree of appropriation
may be filed for record in the office of the auditor of the
county where the said land, real estate or other premises are
situated, and shall be recorded by said auditor like a deed of
(2002 Ed.)
Eminent Domain by State
8.04.120
real estate, and with like effect. [1891 c 74 § 6; RRS §
896.]
been paid into court. [1988 c 202 § 8; 1971 c 81 § 36; 1891
c 74 § 9; RRS § 899.]
Recording of deeds of real estate: Title 65 RCW.
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
8.04.130 Payment of damages—Effect—Costs—
Appellate review. Upon the entry of judgment upon the
verdict of the jury or the decision of the court awarding
damages, the state may make payment of the damages and
the costs of the proceedings by depositing them with the
clerk of the court, to be paid out under the direction of the
court or judge thereof; and upon making such payment into
court of the damages assessed and allowed for any land, real
estate, premises, or other property mentioned in the petition,
and of the costs, the state shall be released and discharged
from any and all further liability therefor, unless upon appeal
the owner or party interested recovers a greater amount of
damages; and in that case the state shall be liable only for
the amount in excess of the sum paid into court and the
costs of appeal.
In the event appellate review is sought by any party to
the proceedings, the moneys paid into the superior court by
the state pursuant to this section shall remain in the custody
of the court until the final determination of the proceedings
by the supreme court or the court of appeals. [1988 c 202
§ 7; 1971 c 81 § 35; 1951 c 177 § 4; 1925 ex.s. c 98 § 3;
1891 c 74 § 7; RRS § 897.]
Severability—1988 c 202: See note following RCW 2.24.050.
8.04.140 Claimants, payment of—Conflicting
claims. Any person, corporation or county claiming to be
entitled to any money paid into court, as provided in RCW
8.04.010 through 8.04.160, may apply to the court therefor,
and upon furnishing evidence satisfactory to the court that he
or it is entitled to the same, the court shall make an order
directing the payment to such claimant the portion of such
money as he or it shall be found entitled to; but if, upon
application, the court or judge thereof should decide that the
title to the land, real estate or premises specified in the
application of such claimant was in such condition as to
require that an action be commenced to determine the
conflicting claims thereto, he shall refuse such order until
such action is commenced and the conflicting claims to such
land, real estate or premises be determined according to law.
[1891 c 74 § 8; RRS § 898.]
8.04.150 Appellate review. Either party may seek
appellate review of the judgment for damages entered in the
superior court within thirty days after the entry of judgment
as aforesaid, and such review shall bring before the supreme
court or the court of appeals the propriety and justness of the
amount of damages in respect to the parties to the review:
PROVIDED HOWEVER, That upon such review no bond
shall be required: AND PROVIDED FURTHER, That if the
owner of land, the real estate or premises accepts the sum
awarded by the jury, the court or the judge thereof, he shall
be deemed thereby to have waived conclusively appellate
review, and final judgment by default may be rendered in
the superior court as in other cases: PROVIDED FURTHER, That no review shall operate so as to prevent the said
state of Washington from taking possession of such property
pending review after the amount of said award shall have
(2002 Ed.)
8.04.160 Award, how paid into court. Whenever the
attorney general shall file with the director of financial
management a certificate setting forth the amount of any
award found against the state of Washington under the provisions of RCW 8.04.010 through 8.04.160, together with the
costs of said proceeding, and a description of the lands and
premises sought to be appropriated and acquired, and the
title of the action or proceeding in which said award is
rendered, it shall be the duty of the office of financial
management to forthwith issue a warrant upon the state
treasury to the order of the attorney general in a sum
sufficient to make payment in money of said award and the
costs of said proceeding, and thereupon it shall be the duty
of said attorney general to forthwith pay to the clerk of said
court in money the amount of said award and costs. [1979
c 151 § 8; 1973 c 106 § 8; 1891 c 74 § 10; RRS § 900.]
8.04.170 Condemnation for military purposes.
Whenever the governor, as commander-in-chief of the
military of this state, shall deem it necessary to acquire any
lands, real estate, premises or other property for any military
purpose or purposes of this state, either to add to, enlarge,
increase or otherwise improve state military facilities now or
hereafter existing or to establish new facilities, the acquisition of which shall have been provided for by the state, by
a county or by a city, or by either, all or any thereof, upon
certificate by the governor of such necessity, proceedings for
the condemnation, appropriation and taking of the lands, real
estate, premises or other property so certified to be necessary
shall be taken as follows:
Where the state is to pay the purchase price it shall be
the duty of the attorney general, upon receipt by him of said
certificate of the governor, to file a petition in the superior
court for the county in which such lands, real estate, premises or other property may be situate praying such condemnation, appropriating and taking, which petition shall be
prosecuted to a final determination in the manner by law
provided for other condemnation suits brought by or on
behalf of the state;
Where a county is to pay the purchase price it shall be
the duty of the prosecuting attorney of said county upon
receipt by him of said certificate of the governor, to file a
petition in the superior court for said county praying such
condemnation, appropriation and taking, which petition shall
be prosecuted to a final determination in the manner by law
provided for other condemnation suits brought by or on
behalf of a county;
Where a city is to pay the purchase price it shall be the
duty of the corporation counsel, city attorney or other head
of the legal department of said city, upon receipt by him of
said certificate of the governor, to file a petition in the
superior court for the county in which said city is situate,
praying such condemnation, appropriation and taking, which
petition shall be prosecuted to a final determination in the
manner by law provided for other condemnation suits
brought by or on behalf of such city;
[Title 8 RCW—page 5]
8.04.170
Title 8 RCW: Eminent Domain
Where the purchase price is to be paid by the state, a
county and a city or by the state and a county, or by the
state and a city, or by a county and a city, the condemnation
shall be prosecuted to a final determination in the manner by
law provided for either or any thereof, as the governor may
determine, which determination shall be final and conclusive.
[1917 c 153 § 1; RRS § 900-1.]
Notice where military land is involved: RCW 8.28.030.
8.04.180 Condemnation for military purposes—
Construction. Nothing contained in RCW 8.04.170 shall be
construed as in any manner applying to condemnation by
any county for the purpose of acquiring title to any site for
a mobilization, training and supply station, to be donated by
any county to the United States. [1917 c 153 § 2; RRS §
900-2.]
8.04.191 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
Chapter 8.08
EMINENT DOMAIN BY COUNTIES
Sections
8.08.010
Condemnation authorized for general county purposes—
Petition.
8.08.020
Public use declared.
8.08.030
Notice of presentation of petition.
8.08.040
Hearing—Order adjudicating public use.
8.08.050
Trial—Damages to be found.
8.08.060
Judgment—Decree of appropriation.
8.08.070
Costs.
8.08.080
Appellate review.
8.08.090
Appropriation authorized in aid of federal or state improvement.
8.08.100
Mode of appropriation.
8.08.110
Tax levy to pay costs.
8.08.120
Indebtedness is for general county purposes.
8.08.130
Limitation.
8.08.140
Condemnation for military purposes.
8.08.141
Condemnation for military purposes—Construction.
8.08.150
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
Additional provisions applicable to eminent domain proceedings: Chapter
8.25 RCW.
Contracts with cities: RCW 36.64.070.
County rail districts: RCW 36.60.070.
Fairs: RCW 36.37.020.
Flood control by counties: RCW 86.12.020.
Irrigation purposes: RCW 87.03.140 through 87.03.150.
Land registration: RCW 65.12.400, 65.12.610.
Limited access facilities: RCW 47.52.050.
Local improvement districts: RCW 36.69.270, 36.94.240.
Relocation assistance: Chapter 8.26 RCW.
River improvements: RCW 86.12.020.
Roads, bridges
powers of county commissioners: RCW 36.75.040.
rights-of-way: RCW 36.85.010, 36.85.020.
service districts: RCW 36.83.090.
Transportation benefit districts: RCW 36.73.130.
Utility local improvement districts: RCW 36.94.240.
Wharves and landings: RCW 88.24.070.
[Title 8 RCW—page 6]
8.08.010 Condemnation authorized for general
county purposes—Petition. Every county is hereby
authorized and empowered to condemn land and property
within the county for public use; whenever the board of
county commissioners deems it necessary for county purposes to acquire such land, real estate, premises or other
property, and is unable to agree with the owner or owners
thereof for its purchase, it shall be the duty of the prosecuting attorney to present to the superior court of the county in
which said land, real estate, premises, or other property so
sought to be acquired or appropriated shall be situated, a
petition in which the land, real estate, premises, or other
property sought to be appropriated shall be described with
reasonable certainty, and setting forth the name of each and
every owner, encumbrancer, or other person or party
interested in the same, or any part thereof, so far as the same
can be ascertained from the public records, the object for
which the land is sought to be appropriated, and praying that
a jury be impaneled to ascertain and determine the compensation to be made in money to such owner or owners
respectively, and to all tenants, encumbrancers, or others
interested, for taking such lands, real estate, premises, or
other property, or in case a jury be waived, as in other civil
cases in courts of record, in the manner prescribed by law,
then that the compensation to be made as aforesaid be
ascertained or determined by the court or the judge thereof.
[1949 c 79 § 1; Rem. Supp. 1949 § 3991-6.]
8.08.020 Public use declared. Any condemnation,
appropriation or disposition intended in RCW 8.08.010
through 8.08.080 shall be deemed and held to be for a
county purpose and public use within the meaning of RCW
8.08.010 through 8.08.080 when it is directly or indirectly,
approximately or remotely for the general benefit or welfare
of the county or of the inhabitants thereof. [1949 c 79 § 2;
Rem. Supp. 1949 § 3991-7.]
8.08.030 Notice of presentation of petition. A
notice, stating the time and place when and where such
petition shall be presented to the court or the judge thereof,
together with a copy of such petition, shall be served on
each and every person named therein as owner or otherwise
interested therein, at least ten days previous to the time
designated in such notice for the presentation of such
petition. Such notice shall be signed by the prosecuting
attorney of the county wherein the real estate or property
sought to be taken is situated, and may be served in the
same manner as a summons in a civil action in such superior
court is authorized by law to be served. [1949 c 79 § 3;
Rem. Supp. 1949 § 3991-8.]
Publication of notice in eminent domain proceedings: RCW 4.28.120.
8.08.040 Hearing—Order adjudicating public use.
At the time and place appointed for hearing said petition, or
to which the same may have been adjourned, if the court or
judge thereof shall have satisfactory proof that all parties
interested in the land, real estate, premises or other property
described in said petition have been duly served with said
notice as prescribed herein, and shall be further satisfied by
competent proof that the contemplated use for which the
lands, real estate, premises, or other property sought to be
(2002 Ed.)
Eminent Domain by Counties
appropriated is a public use of the county, the court or judge
thereof may make and enter an order adjudicating that the
contemplated use is really a public use of the county, and
which order shall be final unless review thereof to the
supreme court or the court of appeals be taken within five
days after entry of such order, adjudicating that the contemplated use for which the lands, real estate, premises or other
property sought to be appropriated is really a public use of
the county, and directing that determination be had of the
compensation and damages to be paid all parties interested
in the land, real estate, premises, or other property sought to
be appropriated for the taking and appropriation thereof,
together with the injury, if any, caused by such taking or
appropriation to the remainder of the lands, real estate,
premises, or other property from which the same is to be
taken and appropriated, after offsetting against any and all
such compensation and damages, special benefits, if any,
accruing to such remainder by reason of such appropriation
and use by the county of such lands, real estate, premises,
and other property described in the petition; such determination to be made by a jury, unless waived, in which event the
compensation or damages shall be determined by the court
without a jury. Proceedings under this chapter shall have
precedence over all cases in court except criminal cases.
[2000 c 68 § 1; 1971 c 81 § 37; 1949 c 79 § 4; Rem. Supp.
1949 § 3991-9.]
Findings—Intent—2000 c 68: "(1) The legislature finds that there
is a need to study the use of eminent domain and its application under
contemporary jurisprudence. It is the intent of the legislature to create a
joint study group to study ways to expedite resolution of public use disputes
in eminent domain proceedings.
(2) The study group shall consist of two legislators from each caucus
of the senate and house of representatives, as appointed by leaders of each
caucus respectively.
(3) The study group shall review the need, use, application, and effects
of eminent domain, current case law on eminent domain, the impact on the
courts of the exercise of eminent domain, and ways to expedite resolution
of public use disputes in eminent domain proceedings.
(4) The study group shall review other issues related to eminent
domain as desired by the study group.
(5) House office of program research and senate committee services
shall provide staff and administrative support for the study group.
(6) This section shall expire December 31, 2000." [2000 c 68 § 2.]
8.08.050 Trial—Damages to be found. The jury
selected to hear the evidence and determine the compensation to be paid to the owner or owners of such real estate or
property to be appropriated for public use, shall be selected,
impaneled and sworn in the same manner that juries in other
civil actions are selected, impaneled and sworn, and in case
a jury is waived, such compensation or damages shall be
ascertained and determined by the court or judge thereof and
the proceedings shall be the same as in trial of an issue of
fact by the court. Upon the close of the evidence, the court
shall instruct the jury as to the matters submitted to them
and the law pertaining thereto. Whereupon the jury shall
retire and deliberate and determine upon the amount of the
compensation of damages and money that shall be paid to
the owner or owners of the real estate or property sought to
be appropriated, which shall be the amount found by the jury
to be the fair and full value of such premises, and when the
jury shall have determined upon their verdict, they shall
return the same to the court as in other civil actions. [1949
c 79 § 5; Rem. Supp. 1949 § 3991-10.]
(2002 Ed.)
8.08.040
Rules of court: CR 47, 48.
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36,
4.44 RCW.
Verdicts, civil actions: Chapter 4.44 RCW.
8.08.060 Judgment—Decree of appropriation. Upon
the verdict of the jury or upon the determination of the court
of the compensation or damages to be paid for the real estate
or property appropriated, judgment shall be entered against
such county in favor of the owner or owners of the real
estate or property so appropriated for the amount found as
just compensation therefor, and upon the payment of such
amount by such county to the clerk of such court for the use
of the owner or owners or the persons interested in the
premises sought to be taken, the court shall enter a decree of
appropriation of the real estate or property sought to be
taken, thereby vesting the title to the same in such county;
and a certified copy of such decree of appropriation may be
filed in the office of the county auditor of the county
wherein the real estate taken is situated and shall be recorded
by such auditor like a deed of real estate and with like
effect. The money so paid to the clerk of the court shall be
by him paid to the person or persons entitled thereto upon
the order of the court. [1949 c 79 § 6; Rem. Supp. 1949 §
3991-11.]
8.08.070 Costs. All the costs of such proceedings in
the superior court shall be paid by the county initiating such
proceedings. [1949 c 79 § 7; Rem. Supp. 1949 § 3991-12.]
8.08.080 Appellate review. Either party may seek
appellate review of the judgment for compensation of the
damages awarded in the superior court within thirty days
after the entry of judgment as aforesaid, and such review
shall bring before the supreme court or the court of appeals
the propriety and justice of the amount of damage in respect
to the parties to the review: PROVIDED, That upon such
review no bonds shall be required: AND PROVIDED
FURTHER, That if the owner of land, real estate, or
premises accepts the sum awarded by the jury or the court,
he shall be deemed thereby to have waived conclusively
appellate review, and final judgment by default may be
rendered in the superior court as in other cases. [1988 c 202
§ 9; 1971 c 81 § 38; 1949 c 79 § 8; Rem. Supp. 1949 §
3991-13.]
Severability—1988 c 202: See note following RCW 2.24.050.
8.08.090 Appropriation authorized in aid of federal
or state improvement. Every county in this state is hereby,
for the purposes of RCW 8.08.090 through 8.08.130,
declared to be a body corporate and is authorized and
empowered by and through its board of county commissioners whenever said board shall judge it to be clearly for
the general welfare and benefit of the people of the county,
and so far as shall be in harmony with the Constitution of
this state and the provisions of RCW 8.08.090 through
8.08.130, to condemn and appropriate as hereinafter in RCW
8.08.090 through 8.08.130 provided and to dispose of for
public use such lands, properties, rights and interests as are
hereinafter in RCW 8.08.090 through 8.08.130 mentioned,
whenever the government of the United States or of this
[Title 8 RCW—page 7]
8.08.090
Title 8 RCW: Eminent Domain
state is intending or proposing the construction, operation or
maintenance of any public work situated or to be situated
wholly or partly within such county, or the expenditure of
money or labor for the construction, operation or maintenance of any such work, and such condemnation or appropriation will enable the county to aid, promote, facilitate or
prepare for any such construction, operation, maintenance or
expenditure by either or both such governments, or to fulfill
or dispose of any condition upon which such construction,
operation, maintenance or expenditure is by law or from any
cause contingent, and no property shall be exempt from such
condemnation, appropriation or disposition by reason of the
same having been or being dedicated, appropriated or
otherwise reduced or held to public use. [1895 c 2 § 1; RRS
§ 901.]
8.08.100 Mode of appropriation. The right of
eminent domain for the purposes intended in RCW 8.08.090
through 8.08.130 is hereby extended to all counties in this
state and every such county for any purpose of condemnation, appropriation or disposition such as is mentioned in
RCW 8.08.090 is hereby authorized and empowered to
condemn and appropriate all necessary lands and all rights,
properties and interests in or appurtenant to land under the
same procedure as is or shall be provided by the laws of this
state for the case of any similar condemnation or appropriation by other corporations. [1895 c 2 § 3; RRS § 903.]
8.08.110 Tax levy to pay costs. The board of county
commissioners is hereby authorized and empowered in aid
of the powers granted or prescribed in RCW 8.08.090 to
levy, annually, a tax as large as may be necessary, but not
exceeding the rate of one mill on the dollar, upon all the
taxable property in the county, such tax to be assessed,
levied and collected at the same time and in the same
manner as taxes for general county purposes, but the
proceeds of said taxes, when collected, shall constitute and
be a special fund, applicable solely to the cost of such
condemnation, appropriation or disposition, as is mentioned
in RCW 8.08.090, and the expenses incident thereto. [1895
c 2 § 2; RRS § 902.]
8.08.120 Indebtedness is for general county purposes. Any county purpose mentioned in RCW 8.08.090
through 8.08.130 shall be deemed and held to be a general
county purpose and any indebtedness contracted or to be
contracted therefor shall be deemed and held to be an
indebtedness for general county purposes, and all the provisions of law of this state relative to indebtedness for general
county purposes or the contracting of such indebtedness or
the bonds for funding the same shall be deemed applicable
to any indebtedness contracted or to be contracted or any
bonds issued by any county under RCW 8.08.090 through
8.08.130, but the accounts of the county with respect to the
receipts and disbursements of all moneys received or
disbursed by the county under the provisions of RCW
8.08.090 through 8.08.130 shall, for each condemnation, appropriation and disposition, be so kept as to clearly and fully
exhibit such accounts separate and apart from the other
accounts of the county. [1895 c 2 § 4; RRS § 904.]
Public contracts and indebtedness: Title 39 RCW.
[Title 8 RCW—page 8]
8.08.130 Limitation. Any condemnation, appropriation or disposition intended in RCW 8.08.090 through
8.08.130 shall be deemed and held to be for a county
purpose and public use within the meaning of RCW 8.08.090
through 8.08.130 when it is directly or indirectly, approximately or remotely for the general benefit or welfare of the
county or of the inhabitants thereof, or when it is otherwise
within the meaning of the phrase "for a county purpose" as
occurring in the Constitution of this state. [1895 c 2 § 5;
RRS § 905.]
8.08.140 Condemnation for military purposes. See
RCW 8.04.170.
8.08.141 Condemnation for military purposes—
Construction. See RCW 8.04.180.
8.08.150 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
Chapter 8.12
EMINENT DOMAIN BY CITIES
Sections
CONDEMNATION
8.12.010
8.12.020
8.12.030
8.12.040
8.12.050
8.12.060
8.12.070
8.12.080
8.12.090
8.12.100
8.12.120
8.12.130
8.12.140
8.12.150
8.12.160
8.12.170
8.12.190
8.12.200
8.12.210
"City" defined.
Other terms defined.
Condemnation authorized—Purposes enumerated.
Ordinance to specify method of payment—Limitations.
Petition for condemnation.
Contents of petition.
Summons—Service.
Service when state or county lands are involved.
Waiver of jury—Adjudication of public use—Procedure.
Trial—Jury—Right to separate juries.
Interested party may be brought in.
Jury may view premises.
Damages to building—Measure.
Separate findings where there are several interests—
Interpleader of adverse claimants.
Verdict—New trial—Continuance—New summons.
Change of ownership—Powers of court.
Findings by jury.
Judgment—Appellate review—Payment of award into court.
Title vests upon payment.
PAYMENT FOR IMPROVEMENT
8.12.220
8.12.230
8.12.240
8.12.250
Payment from general fund.
Payment by special assessment.
Petition for assessment—Appointment of commissioners.
Advancement from general funds against assessments.
8.12.260
Appointment of board of eminent domain commissioners—
Terms of office.
Oath of commissioners—Compensation.
Duties of commissioners—Assessment of benefits—
Apportionment.
Assessment roll.
Hearing on assessment roll—Notice.
Proof of service.
Continuance of hearing.
Objections to assessment roll.
Modification of assessment.
Judgment, effect—Lien.
Certification of roll to treasurer.
ASSESSMENTS—IMMEDIATE PAYMENT
8.12.270
8.12.280
8.12.290
8.12.300
8.12.310
8.12.320
8.12.330
8.12.340
8.12.350
8.12.360
(2002 Ed.)
Eminent Domain by Cities
8.12.370
8.12.380
Treasurer’s notice to pay when assessments immediately
payable.
Notice by mail—Penalty for default.
Chapter 8.12
Waterworks, authority to acquire and operate: RCW 35.92.010.
CONDEMNATION
BONDS—INSTALLMENT PAYMENT
8.12.390
8.12.400
8.12.410
8.12.420
8.12.430
8.12.440
8.12.450
8.12.460
Bonds authorized.
Maturity—Interest—Payment.
Sale—Application of proceeds.
Installment payment of assessments.
Notice to pay—Due date of installments—Penalty—Interest.
Bond owner may enforce collection.
Bondholder’s remedy limited to assessments.
Payment of bonds—Call—Notice.
8.12.470
8.12.480
8.12.490
8.12.500
Enforcement of collection—Interest on delinquency.
Assessment fund to be kept separate.
Record of payment and redemption.
Liability of treasurer.
DELINQUENCY—REDEMPTION
MISCELLANEOUS PROVISIONS
8.12.510
8.12.520
8.12.530
8.12.540
8.12.550
8.12.560
8.12.570
8.12.580
Reassessment.
Lien of assessment—Enforcement by civil action.
Discontinuance of proceedings.
Subsequent compensation for property taken or damaged.
Regrade assessments.
Construction as to second class cities.
Condemnation for military purposes.
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
Additional provisions relating to eminent domain proceedings: Chapter
8.25 RCW.
Auditoriums, art museums, swimming pools, athletic and recreational fields:
RCW 35.21.020.
Cemetery districts: RCW 68.52.200.
City-owned electric power and light company—Limitation on right of
eminent domain: RCW 35.84.030.
Code city: RCW 35A.64.200.
Condemnation of blighted property: Chapter 35.80A RCW.
Easements over public land: Chapter 79.36 RCW.
Electric energy facilities: RCW 35.84.020.
Ferries—Authority to acquire and maintain: RCW 35.21.110.
First class cities: RCW 35.22.280(6).
Housing authority: RCW 35.82.070, 35.82.110.
Limited access facilities: RCW 47.52.050.
Local improvements
filling and draining lowlands—Waterways—Damages: RCW 35.56.050.
filling lowlands—Damages: RCW 35.55.040.
generally: Chapters 35.43 through 35.56 RCW.
Metropolitan municipal corporations: RCW 35.58.320.
Metropolitan park districts—Park commissioner’s authority generally:
RCW 35.61.130.
Multi-purpose community centers—Powers of condemnation: RCW
35.59.050.
Municipal airports
acquisition of real property: RCW 14.08.030.
joint condemnation proceedings: RCW 14.08.200.
Off-street parking facilities: RCW 35.86.030.
Parking commission: RCW 35.86A.080.
Parkways, park drives and boulevards: RCW 35.21.190.
Relocation assistance: Chapter 8.26 RCW.
Second class cities: RCW 35.23.311, 35.23.440(45).
Sewerage systems: RCW 35.67.020.
Street railway extensions of municipal corporations: RCW 35.84.060.
Towns
generally: RCW 35.27.380.
off-street parking: RCW 35.27.570.
Watershed property, city in adjoining state may condemn: RCW 8.28.050.
(2002 Ed.)
8.12.010 "City" defined. The term "city," when used
in this chapter, means and includes every city and town and
each unclassified city and town in the state of Washington.
[1915 c 154 § 20; RRS § 9272.]
Severability—1915 c 154: "An adjudication of invalidity of any part
of this act shall not affect the validity of the act as a whole or any part
thereof." [1915 c 154 § 19; RRS § 9271.] This applies to RCW 8.12.010
through 8.12.560.
8.12.020 Other terms defined. Whenever the word
"person" is used in this chapter, the same shall be construed
to include any company, corporation or association, the state
or any county therein, and the words "city" or "town"
wherever used, shall be construed to be either. Whenever
the words "installment" or "installments" are used in this
chapter, they shall be construed to include installment or
installments of interest, as provided in RCW 8.12.420.
Whenever the words "public markets" are used in this chapter and the public market is managed in whole or in part by
a public corporation created by a city, the words shall be
construed to include all real or personal property located in
a district or area designated by a city as a public market and
traditionally devoted to providing farmers, crafts vendors and
other merchants with retail space to market their wares to the
public. Property located in such a district or area need not
be exclusively or primarily used for such traditional public
market retail activities and may include property used for
other public purposes including, but not limited to, the
provision of human services and low-income or moderateincome housing. [1990 c 189 § 2; 1925 ex.s. c 115 § 4;
1907 c 153 § 52; RRS § 9277. Prior: 1905 c 55 § 51; 1893
c 84 § 51.]
8.12.030 Condemnation authorized—Purposes
enumerated. Every city and town and each unclassified city
and town within the state of Washington, is hereby authorized and empowered to condemn land and property,
including state, county and school lands and property for
streets, avenues, alleys, highways, bridges, approaches,
culverts, drains, ditches, public squares, public markets, city
and town halls, jails and other public buildings, and for the
opening and widening, widening and extending, altering and
straightening of any street, avenue, alley or highway, and to
damage any land or other property for any such purpose or
for the purpose of making changes in the grade of any street,
avenue, alley or highway, or for the construction of slopes
or retaining walls for cuts and fills upon real property
abutting on any street, avenue, alley or highway now ordered
to be, or such as shall hereafter be ordered to be opened,
extended, altered, straightened or graded, or for the purpose
of draining swamps, marshes, tidelands, tide flats or ponds,
or filling the same, within the limits of such city, and to
condemn land or property, or to damage the same, either
within or without the limits of such city for public parks,
drives and boulevards, hospitals, pesthouses, drains and
sewers, garbage crematories and destructors and dumping
grounds for the destruction, deposit or burial of dead
[Title 8 RCW—page 9]
8.12.030
Title 8 RCW: Eminent Domain
animals, manure, dung, rubbish, and other offal, and for
aqueducts, reservoirs, pumping stations and other structures
for conveying into and through such city a supply of fresh
water, and for the purpose of protecting such supply of fresh
water from pollution, and to condemn land and other
property and damage the same for such and for any other
public use after just compensation having been first made or
paid into court for the owner in the manner prescribed by
this chapter. [1915 c 154 § 1; 1907 c 153 § 1; RRS § 9215.
Prior: 1905 c 55 § 1; 1893 c 84 § 1.]
8.12.040 Ordinance to specify method of payment—
Limitations. When the corporate authorities of any such
city shall desire to condemn land or other property, or
damage the same, for any purpose authorized by this chapter,
such city shall provide therefor by ordinance, and unless
such ordinance shall provide that such improvement shall be
paid for wholly or in part by special assessment upon
property benefited, compensation therefor shall be made
from any general funds of such city applicable thereto. If
such ordinance shall provide that such improvement shall be
paid for wholly or in part by special assessment upon
property benefited, the proceedings for the making of such
special assessment shall be as hereinafter prescribed, in this
chapter: PROVIDED, That no special assessment shall be
levied under authority of this chapter except when made for
the purpose of streets, avenues, alleys, or highways or
alterations thereof or changes of the grade therein or other
improvements in or adjoining the same, or for bridges,
approaches, culverts, sewers, drains, ditches, public squares,
public playgrounds, public parks, drives or boulevards or for
the purpose of draining swamps, marshes, tide flats, tidelands or ponds or for filling the same: AND IT IS FURTHER PROVIDED, That when a street, avenue, highway or
boulevard is established or widened to a width greater than
one hundred and fifty feet the excess over and above the one
hundred and fifty feet shall be paid out of the general fund
of such city without any deduction for benefits of such
excess. [1925 ex.s. c 128 § 2; 1907 c 153 § 2; RRS § 9216.
Prior: 1905 c 55 § 2; 1893 c 84 § 2.]
8.12.050 Petition for condemnation. Whenever any
such ordinance shall be passed by the legislative authority of
any such city for the making of any improvement authorized
by this chapter or any other improvement that such city is
authorized to make, the making of which will require that
property be taken or damaged for public use, such city shall
file a petition in the superior court of the county in which
such land is situated, in the name of the city, praying that
just compensation, to be made for the property to be taken
or damaged for the improvement or purpose specified in
such ordinance, be ascertained by a jury or by the court in
case a jury be waived. [1913 c 11 § 1; 1907 c 153 § 3;
RRS § 9217. Prior: 1905 c 55 § 3; 1893 c 84 § 3.]
8.12.060 Contents of petition. Such petition shall
contain a copy of said ordinance, certified by the clerk under
the corporate seal, a reasonably accurate description of the
lots, parcels of land and property which will be taken or
damaged, and the names of the owners and occupants
thereof and of persons having any interest therein, so far as
[Title 8 RCW—page 10]
known, to the officer filing the petition or appearing from
the records in the office of the county auditor. [1907 c 153
§ 4; RRS § 9218. Prior: 1905 c 55 § 4; 1893 c 84 § 4.]
8.12.070 Summons—Service. Upon the filing of the
petition aforesaid a summons, returnable as summons in
other civil actions, shall be issued and served upon the
persons made parties defendant, together with a copy of the
petition, as in other civil actions. And in case any of them
are unknown or reside out of the state, a summons for
publication shall issue and publication be made and return
and proof thereof be made in the same manner as is or shall
be provided by the laws of the state for service upon absent
defendants in other civil actions. Notice so given by
publication shall be sufficient to authorize the court to hear
and determine the suit as though all parties had been sued by
their proper names and had been personally served. [1907
c 153 § 5; RRS § 9219. Prior: 1905 c 55 § 5; 1893 c 84 §
5.]
Commencement of actions: Chapter 4.28 RCW.
Publication of
legal notices: Chapter 65.16 RCW.
notice in eminent domain proceedings: RCW 4.28.120.
8.12.080 Service when state or county lands are
involved. In case the land, real estate, premises or other
property sought to be appropriated or damaged is state,
school or county land, the summons and copy of petition
shall be served on the auditor of the county in which such
land, real estate, premises or other property is situated.
Service upon other parties defendant shall be made in the
same manner as is or shall be provided by law for service of
summons in other civil actions. [1907 c 153 § 6; RRS §
9220. Prior: 1905 c 55 § 6; 1893 c 84 § 6.]
Service of process where state land is involved: RCW 8.28.010.
8.12.090 Waiver of jury—Adjudication of public
use—Procedure. In any proceedings under this chapter
wherein a trial by jury is provided for, the jury may be
waived as in other civil cases in courts of record in the
manner prescribed by law, and the matter may be heard and
determined without the intervention of a jury. Whenever an
attempt is made to take private property, for a use alleged to
be public under authority of this chapter, the question
whether the contemplated use be really public shall be a
judicial question and shall be determined as such by the
court before inquiry is had into the question of compensation
to be made. When a jury is required for the determination
of any matter under this chapter, such jury may be the same
jury summoned for the trial of ordinary civil actions before
the court, or the court may, in its discretion, issue a venire
to the sheriff to summon as jurors such number of qualified
persons as the court shall deem sufficient. Except as herein
otherwise provided, the practice and procedure under this
chapter in the superior court and in relation to the taking of
appeals and prosecution thereof, shall be the same as in
other civil actions, but all appeals must be taken within thirty
days from the date of rendition of the judgment appealed
from. Proceedings under this chapter shall have precedence
of all cases in court except criminal cases. [1907 c 153 §
(2002 Ed.)
Eminent Domain by Cities
51; RRS § 9276. Prior: 1905 c 55 § 50; 1893 c 84 § 50.
Formerly RCW 8.12.090, 8.12.110 and 8.12.200, part.]
Juries, civil actions: Chapters 2.36, 4.44 RCW.
8.12.100 Trial—Jury—Right to separate juries.
Upon the return of said summons, or as soon thereafter as
the business of court will permit, the said court shall proceed
to the hearing of such petition and shall impanel a jury to
ascertain the just compensation to be paid for the property
taken or damaged, but if any defendant or party in interest
shall demand, and the court shall deem it proper, separate
juries may be impaneled as to the compensation or damages
to be paid to any one or more of such defendants or parties
in interest. [1907 c 153 § 7; RRS § 9221. Prior: 1905 c 55
§ 7; 1893 c 84 § 7.]
8.12.120 Interested party may be brought in. Such
jury shall also ascertain the just compensation to be paid to
any person claiming an interest in any lot, parcel of land or
property which may be taken or damaged by such improvement, whether or not such person’s name or such lot, parcel
of land or other property is mentioned or described in such
petition: PROVIDED, Such person shall first be admitted as
a party defendant to said suit by such court and shall file a
statement of his interest in and description of the lot, parcel
of land or other property in respect to which he claims
compensation. [1907 c 153 § 8; RRS § 9222. Prior: 1905
c 55 § 8; 1893 c 84 § 8.]
Rules of court: CR 17 through 25.
8.12.130 Jury may view premises. The court may
upon the motion of such city or of any defendant direct that
said jury (under the charge of any officer of the court and
accompanied by such person or persons as may be appointed
by the court to point out the property sought to be taken or
damaged) shall view the lands and property affected by said
improvement. [1907 c 153 § 9; RRS § 9223. Prior: 1905
c 55 § 9; 1893 c 84 § 9.]
View of premises by jury: RCW 4.44.270.
8.12.140 Damages to building—Measure. If there be
any building standing, in whole or in part, upon any land to
be taken, the jury shall add to their finding of the value of
the land taken the damages to said building. If the entire
building is taken, or if the building is damaged, so that it
cannot be readjusted to the premises, then the measure of
damages shall be the fair market value of the building. If
part of the building is taken or damaged and the building can
be readjusted or replaced on the part of the land remaining,
then the measure of damages shall be the cost of readjusting
or moving the building, or the part thereof left, together with
the depreciation in the market value of said building by
reason of said readjustment or moving. [1907 c 153 § 10;
RRS § 9224. Prior: 1905 c 55 § 10; 1893 c 84 § 10.]
8.12.150 Separate findings where there are several
interests—Interpleader of adverse claimants. If the land
and buildings belong to different parties, or if the title to the
property be divided into different interests by lease or
otherwise, the damages done to each of such interests may
(2002 Ed.)
8.12.090
be separately found by the jury on the request of any party.
In making such findings, the jury shall first find and set
forth in their verdict the total amount of the damage to said
land and buildings and all premises therein, estimating the
same as an entire estate and as if the same were the sole
property of one owner in fee simple; and they shall then
apportion the damages so found among the several parties
entitled to the same, in proportion to their several interests
and claims and the damages sustained by them respectively,
and set forth such apportionment in their verdict. No delay
in ascertaining the amount of compensation shall be occasioned by any doubt or contest which may arise as to the
ownership of the property, or any part thereof, or as to the
extent of the interest of any defendant in the property to be
taken or damaged, but in such case, the jury shall ascertain
the entire compensation or damage that should be paid for
the property and the entire interests of all the parties therein,
and the court may thereafter require adverse claimants to
interplead, so as to fully determine their rights and interests
in the compensation so ascertained. And the court may
make such order as may be necessary in regard to the
deposit or payment of such compensation. [1907 c 153 §
11; RRS § 9225.]
Rules of court: CR 54.
8.12.160 Verdict—New trial—Continuance—New
summons. Upon the return of the verdict the proceedings
of the court regarding new trial and the entry of judgment
thereon shall be the same as in other civil actions, and the
judgment shall be such as the nature of the case shall
require. The court shall continue or adjourn the case from
time to time as to all occupants and owners named in such
petition who shall not have been served with process or
brought in by publication, and new summons may issue or
new publication may be made at any time; and upon such
occupants or owners being brought in, the court may impanel
a jury to ascertain the compensation so to be made to such
defendant or defendants for private property taken or
damaged, and like proceedings shall be had for such purpose
as herein provided. [1907 c 153 § 12; RRS § 9226. Prior:
1905 c 55 § 11; 1893 c 84 § 11.]
Rules of court: CR 17 through 25, 54, 59.
Entry of judgment, civil actions: Chapter 4.64 RCW.
New trials, civil actions: Chapter 4.76 RCW.
8.12.170 Change of ownership—Powers of court.
The court shall have power at any time, upon proof that any
such owner or owners named in such petition who has not
been served with process has ceased to be such owner or
owners since the filing of such petition, to impanel a jury
and ascertain the just compensation to be made for the
property (or the damage thereto) which has been owned by
the person or persons so ceasing to own the same, and the
court may upon any finding or findings of any jury or juries,
or at any time during the course of such proceedings enter
such order, rule, judgment or decree as the nature of the case
may require. [1907 c 153 § 13; RRS § 9227. Prior: 1905
c 55 § 12; 1893 c 84 § 12.]
8.12.190 Findings by jury. When the ordinance
providing for any such improvement provides that compensa[Title 8 RCW—page 11]
8.12.190
Title 8 RCW: Eminent Domain
tion therefor shall be paid in whole or in part by special
assessment upon property benefited, the jury or court, as the
case may be, shall find separately:
(1) The value of land taken at date of trial;
(2) The damages which will accrue to the part remaining because of its severance from the part taken, over and
above any local or special benefits arising from the proposed
improvement. No lot, block, tract or parcel of land found by
the court or jury to be so damaged shall be assessed for any
benefits arising from such taking only;
(3) The gross damages to any land or property not taken
(other than damages to a remainder, by reason of its severance from the part taken), and in computing such gross
damages shall not deduct any benefits from the proposed
improvement. Such finding by the court or jury shall leave
any lot, block, parcel or tract of land, or other property
subject to assessment for its proportion of any and all local
and special benefits accruing thereto by reason of said
improvement.
When such ordinance does not provide for any assessment in whole or in part on property specially benefited, the
compensation found for land or property taken or damaged
shall be ascertained over and above any local or special
benefits from the proposed improvement.
Such city or town may offset against any award of the
jury or court for the taking or damaging of any lot, block,
tract or parcel of land or other property, any general taxes or
local assessments unpaid at the time such award is made.
Such offset shall be made by deducting the amount of such
unpaid taxes and assessments at the time of payment of the
judgment or issuance of a warrant in payment of such
judgment. [1909 c 210 § 1; 1907 c 153 § 15; RRS § 9229.
Prior: 1905 c 55 § 15; 1893 c 84 § 15.]
8.12.200 Judgment—Appellate review—Payment of
award into court. Any final judgment or judgments
rendered by said court upon any finding or findings of any
jury or juries, or upon any finding or findings of the court in
case a jury be waived, shall be lawful and sufficient condemnation of the land or property to be taken, or of the right
to damage the same in the manner proposed, upon the
payment of the amount of such findings and all costs which
shall be taxed as in other civil cases, provided that in case
any defendant recovers no damages, no costs shall be taxed.
Such judgment or judgments shall be final and conclusive as
to the damages caused by such improvement unless appellate
review is sought, and review of the same shall not delay
proceedings under said ordinance, if such city shall pay into
court for the owners and parties interested, as directed by the
court, the amount of the judgment and costs, and such city,
after making such payment into court, shall be liable to such
owner or owners or parties interested for the payment of any
further compensation which may at any time be finally
awarded to such parties seeking review of said proceeding,
and his or her costs, and shall pay the same on the rendition
of judgment therefor, and abide any rule or order of the
court in relation to the matter in controversy. In case of
review by the supreme court or the court of appeals of the
state by any party to the proceedings the money so paid into
the superior court by such city, as aforesaid, shall remain in
the custody of said superior court until the final determina[Title 8 RCW—page 12]
tion of the proceedings. If the owner of the land, real estate,
premises, or other property accepts the sum awarded by the
jury or the court, he shall be deemed thereby to have waived
conclusively appellate review and final judgment may be
rendered in the superior court as in other cases. [1993 c 14
§ 1; 1988 c 202 § 10; 1971 c 81 § 39; 1907 c 153 § 16;
1905 c 55 § 16; 1893 c 84 § 16; RRS § 9230. FORMER
PART OF SECTION: 1907 c 153 § 51, part; RRS § 9276,
part, now codified in RCW 8.12.090. Prior: 1905 c 55 §
50; 1893 c 84 § 50, part.]
Effective date—1993 c 14: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1993]." [1993 c 14 § 2.]
Severability—1988 c 202: See note following RCW 2.24.050.
8.12.210 Title vests upon payment. The court, upon
proof that just compensation so found by the jury, or by the
court in case the jury is waived, together with costs, has
been paid to the person entitled thereto, or has been paid into
court as directed by the court, shall enter an order that the
city or town shall have the right at any time thereafter to
take possession of or damage the property in respect to
which such compensation shall have been so paid or paid
into court as aforesaid, and thereupon, the title to any
property so taken shall be vested in fee simple in such city
or town. [1907 c 153 § 17; RRS § 9231. Prior: 1905 c 55
§ 17; 1893 c 84 § 17.]
Rules of court: CR 58.
PAYMENT FOR IMPROVEMENT
8.12.220 Payment from general fund. When the
ordinance under which said improvement is ordered to be
made shall not provide that such improvement shall be made
wholly by special assessment upon property benefited, the
whole amount of such damage and costs, or such part
thereof as shall not be assessed upon property benefited shall
be paid from the general fund of such city or town, and if
sufficient funds therefor are not already provided, such city
or town shall levy and collect a sufficient sum therefor as
part of the general taxes of such city or town, or may
contract indebtedness by the issuance of bonds or warrants
therefor as in other cases of internal improvements. [1907
c 153 § 18; RRS § 9232. Prior: 1905 c 55 § 18; 1893 c 84
§ 18.]
8.12.230 Payment by special assessment. When such
ordinance under which said improvement shall be ordered,
shall provide that such improvement shall be paid for, in
whole or in part, by special assessment of property benefited
thereby, the damages and costs awarded, or such part thereof
as is to be paid by special assessment, shall be levied,
assessed and collected in the manner hereinafter provided.
[1907 c 153 § 19; RRS § 9233. Prior: 1905 c 55 § 19;
1893 c 84 § 19.]
8.12.240 Petition for assessment—Appointment of
commissioners. Such city may file in the same proceeding
a supplementary petition, praying the court that an assessment be made for the purpose of raising an amount neces(2002 Ed.)
Eminent Domain by Cities
sary to pay the compensation and damages which may [be]
or shall have been awarded for the property taken or
damaged, with costs of the proceedings, or for such part
thereof as the ordinance shall provide. The said court shall
thereupon appoint three competent persons as commissioners
to make such assessment, or if there be a board of eminent
domain commissioners of such city, appointed under the
provisions of this chapter, said proceeding for assessment
shall be referred to said board. Said commissioners shall
include in such assessment the compensation and damages
which may [be] or shall have been awarded for the property
taken or damaged, with all costs and expenses of the
proceedings incurred to the time of their appointment, or to
the time when said proceeding was referred to them, together
with the probable further costs and expenses of the proceedings, including therein the estimated costs of making and
collecting such assessment. [1907 c 153 § 20; RRS § 9234.
Prior: 1905 c 55 § 20; 1893 c 84 § 20.]
8.12.250 Advancement from general funds against
assessments. If any city or town shall desire to take
possession of any property or do any damage or proceed
with any improvement, the compensation for which is to be
paid for in whole or in part by the proceeds of special
assessment under this chapter, it may advance from its
general funds, or any moneys available for the purpose, the
amount of the assessments aforesaid, and pay the same to
the owner or into court, as herein provided, reimbursing
itself for moneys so advanced from the special assessments
aforesaid. If there be no funds available for the purpose,
such city may contract indebtedness for the purpose of
raising funds therefor, which indebtedness shall be contracted
and such proceedings taken therefor as is provided by law
for indebtedness contracted for other internal improvements.
[1907 c 153 § 50; RRS § 9275. Prior: 1905 c 55 § 49;
1893 c 84 § 49.]
Contracting indebtedness by city: Titles 35, 39 RCW.
ASSESSMENTS—IMMEDIATE PAYMENT
8.12.260 Appointment of board of eminent domain
commissioners—Terms of office. At any time after June
11, 1907, any such city may petition the superior court of
the county in which said city is situated, that a board of
eminent domain commissioners be appointed to make
assessments in all condemnation proceedings instituted by
such city. Said superior court shall thereupon, by order duly
entered in its records, appoint three competent persons as
commissioners who shall be known as and who shall
constitute the "board of eminent domain commissioners of
the city of . . . .," and who shall thereafter make assessments
in all condemnation proceedings instituted by such city. The
order of the court shall provide that one of the members of
such board shall serve for one year, one for two years and
one for three years, from the date of their appointment and
until their successors are appointed and qualified. Annually
thereafter, said superior court shall appoint one such person
as such commissioner, whose term shall begin on the same
day of the month on which the first order of appointment
was made and continue for three years thereafter and until
his successor is appointed and qualified. If any commission(2002 Ed.)
8.12.240
er shall be disqualified in any proceeding by reason of
interest, or for any other reason, said superior court shall
appoint some other competent person to act in his place in
such proceeding. [1907 c 153 § 21; RRS § 9235. Prior:
1905 c 55 § 21; 1893 c 84 § 21.]
8.12.270 Oath of commissioners—Compensation.
All commissioners, before entering upon their duties shall
take and subscribe an oath that they will faithfully perform
the duties of the office to which they are appointed, and will
to the best of their abilities make true and impartial assessments according to law. Every commissioner shall receive
compensation at the rate of ten dollars per day for each day
actually spent in making the assessment herein provided for:
PROVIDED, That in any city of the first class the superior
court of the county in which said city is situated may, by
order duly entered in its record, fix the compensation of each
commissioner in an amount in no case to exceed twenty-five
dollars per day for each day actually spent in making the
assessment herein provided for. Each commissioner shall
file in the proceeding in which he has made such assessment
his account, stating the number of days he has actually spent
in said proceeding, and upon the approval of said account by
the judge before whom the proceeding is pending, the
comptroller or city clerk of such city shall issue a warrant in
the amount approved by the judge upon the special fund
created to pay the awards and costs of said proceeding, and
the fees of such commissioner so paid shall be included in
the cost and expense of such proceedings. In case such
commissioners are, during the same period, or parts thereof,
engaged in making assessments in different proceedings, in
rendering their accounts they shall apportion them to the
different proceedings in proportion to the amount of time,
actually spent by them on the assessment in each proceeding.
[1947 c 139 § 1; 1929 c 87 § 1; 1915 c 154 § 2; 1907 c 153
§ 22; Rem. Supp. 1947 § 9236. Prior: 1905 c 55 § 22, part;
1893 c 84 § 22, part.]
8.12.280 Duties of commissioners—Assessment of
benefits—Apportionment. It shall be the duty of such
commissioners to examine the locality where the improvement is proposed to be made and the property which will be
especially benefited thereby, and to estimate what proportion,
if any, of the total cost of such improvement will be a
benefit to the public, and what proportion thereof will be a
benefit to the property to be benefited, and apportion the
same between the city and such property so that each shall
bear its relative equitable proportion, and having found said
amounts, to apportion and assess the amount so found to be
a benefit to the property upon the several lots, blocks, tracts
and parcels of land, or other property in the proportion in
which they will be severally benefited by such improvement:
PROVIDED, That the legislative body of the city may in the
ordinance initiating any such improvement establish an assessment district and said district when so established shall
be deemed to include all the lands or other property especially benefited by the proposed improvement, and the limits of
said district when so fixed shall be binding and conclusive
on the said commissioners: AND PROVIDED FURTHER,
That no property shall be assessed a greater amount than it
will be actually benefited. That all leasehold rights and
[Title 8 RCW—page 13]
8.12.280
Title 8 RCW: Eminent Domain
interests of private persons, firms or corporations in or to
harbor areas located within the corporate limits of any incorporated city or town are for the purpose of assessment for
the payment of the awards, interest and costs of any improvement authorized by this chapter, declared to be real
property, and all such leasehold rights and interests may be
assessed and reassessed in accordance with the special
benefits received for the purpose of paying the cost of any
such improvement heretofore made or which may hereafter
be made in accordance with law. [1915 c 154 § 3; 1909 c
211 § 1; 1907 c 153 § 23; RRS § 9237. Prior: 1905 c 55
§ 22, part; 1893 c 84 § 22, part.]
8.12.290 Assessment roll. Such commissioners in
each proceeding shall also make or cause to be made an
assessment roll in which shall appear the names of the owners, so far as known, the description of each lot, block, tract
or parcel of land or other property and the amounts assessed
as special benefits thereto, and in which they shall set down
as against the city the amount they shall have found as
public benefit, if any, and certify such assessment roll to the
court before which said proceeding is pending, within sixty
days after their appointment or after the date of the order
referring said proceeding to them, or within such extension
of said period as shall be allowed by the court. [1907 c 153
§ 24; RRS § 9238. Prior: 1905 c 55 § 23; 1893 c 84 § 23.]
8.12.300 Hearing on assessment roll—Notice. After
the return of such assessment roll, the court shall make an
order setting a time for the hearing thereof before the court,
which day shall be at least twenty days after return of the
roll. It shall be the duty of the commissioners to give notice
of the assessment and of the day fixed by the court for the
hearing thereof in the following manner:
(1) They shall at least twenty days prior to the date
fixed for the hearing on the roll, mail to each owner of the
property assessed, whose name and address is known to
them, a notice substantially in the following form:
"Title of Cause. To . . . .: Pursuant to an order of the
superior court of the State of Washington, in and for the
county of . . . . . ., there will be a hearing in the above
entitled cause on . . . . . . at . . . . . . upon the assessment
roll prepared by the commissioners heretofore appointed by
said court to assess the property specially benefited by the
(here describe nature of improvement); and you are hereby
required if you desire to make any objections to the assessment roll, to file your objections to the same before the date
herein fixed for the hearing upon the roll, a description of
your property and the amount assessed against it for the
aforesaid improvement is as follows: (Description of
property and amount assessed against it.)
...................
...................
...................
Commissioners."
(2) They shall cause at least twenty days’ notice to be
given by posting notice of the hearing on the assessment roll
in at least three public places in the city, one of which shall
be in the neighborhood of the proposed improvement, and by
publishing the same at least for two successive weeks in the
[Title 8 RCW—page 14]
official newspaper of the city. The notice so required to be
posted and published, may be substantially as follows:
"Title of Cause. Special assessment notice. Notice is
hereby given to all persons interested, that an assessment roll
has been filed in the above entitled cause providing for the
assessment upon the property benefited of the cost of (here
insert brief description of improvement) and that the roll has
been set down for hearing on the . . . . day of . . . . at
. . . . . . The boundaries of the assessment district are
substantially as follows: (here insert an approximate
description of the assessment district). All persons desiring
to object to the assessment roll are required to file their
objections before the date fixed for the hearing upon the roll,
and appear on the day fixed for hearing before said court.
...................
...................
...................
Commissioners."
[1985 c 469 § 3; 1907 c 153 § 25; RRS § 9239. Prior:
1905 c 55 § 24; 1893 c 84 § 24.]
8.12.310 Proof of service. On or before the final
hearing, the affidavit of one or more of the commissioners
shall be filed in said court, stating that they have sent, or
caused to be sent, by mail, to the owners whose property has
been assessed and whose names and addresses are known to
them, the notice hereinbefore required to be sent by mail to
the owners of the property assessed. They shall also cause
to be filed the affidavit of the person who shall have posted
the notice required by this chapter to be posted, setting forth
when and in what manner the same was posted. Such
affidavits shall be received as prima facie evidence of a
compliance with this chapter in regard to giving such
notices. They shall also file an affidavit of publication of
such notice in like manner as is required in other cases of
affidavits of publication of notice of [or] summons. [1907
c 153 § 26; RRS § 9240. Prior: 1905 c 55 § 25; 1893 c 84
§ 25.]
8.12.320 Continuance of hearing. If twenty days
shall not have elapsed between the first publication or the
posting of such notices and the day set for hearing, the
hearing shall be continued until such time as the court shall
order. The court shall retain full jurisdiction of the matter,
until final judgment on the assessments; and if the notice
given shall prove invalid or insufficient the court shall order
new notice to be given. [1907 c 153 § 27; RRS § 9241.
Prior: 1905 c 55 § 26; 1893 c 84 § 26.]
8.12.330 Objections to assessment roll. Any person
interested in any property assessed may without payment of
any fee to the clerk of court file objections to such report at
any time before the day set for hearing said roll. As to all
property to the assessment of which objections are not filed
as herein provided, default may be entered and the assessment confirmed by the court. On the hearing, the report of
such commissioners shall be competent evidence and either
party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, tried by the court without a jury,
(2002 Ed.)
Eminent Domain by Cities
and if it shall appear that the property of the objector is
assessed more or less than it will be benefited or more or
less than its proportionate share of the costs of the improvement, the court shall so find and also find the amount in
which said property ought to be assessed, and the judgment
shall be entered accordingly. [1947 c 139 § 2; 1907 c 153
§ 28; Rem. Supp. 1947 § 9242. Prior: 1905 c 55 §§ 27, 28;
1893 c 84 §§ 27, 28.]
8.12.340 Modification of assessment. The court
before which any such proceedings may be pending shall
have authority at any time before final judgment to modify,
alter, change, annul or confirm any assessment returned as
aforesaid, or cause any such assessment to be recast by the
same commissioners, whenever it shall be necessary for the
obtainment of justice, or may appoint other commissioners
in the place of all or any of the commissioners first appointed for the purpose of making such assessment or modifying,
altering, changing or recasting the same, and may take all
such proceedings and make all such orders as may be
necessary to make a true and just assessment of the cost of
such improvement according to the principles of this chapter,
and may from time to time, as may be necessary, continue
the application for that purpose as to the whole or any part
of the premises. [1907 c 153 § 29; RRS § 9243. Prior:
1905 c 55 § 29; 1893 c 84 § 29.]
8.12.350 Judgment, effect—Lien. The judgment of
the court shall have the effect of a separate judgment as to
each tract or parcel of land or other property assessed, and
any appeal from such judgment shall not invalidate or delay
the judgment except as to the property concerning which the
appeal is taken. Such judgment shall be a lien upon the
property assessed from the date thereof until payment shall
be made, and said lien shall be paramount and superior to
any other lien or encumbrance whatsoever, theretofore or
thereafter created, except a lien for assessments for general
taxes. [1915 c 154 § 4; 1907 c 153 § 30; RRS § 9244.
Prior: 1905 c 55 § 30; 1893 c 84 § 30.]
8.12.360 Certification of roll to treasurer. The clerk
of the court in which such judgment is rendered shall certify
a copy of the assessment roll and judgment to the treasurer
of the city, or if there has been an appeal taken from any
part of such judgment, then he shall certify such part of the
roll and judgment as is not included in such appeal, and the
remainder when final judgment is rendered: PROVIDED,
That if upon such appeal, the judgment of the superior court
shall be affirmed, the assessments on such property as to
which appeal has been taken shall bear interest at the same
rate and from the same date which other assessments not
paid within the time hereafter provided shall bear. Such
copy of the assessment roll shall describe the lots, blocks,
tracts, parcels of land or other property assessed, and the
respective amounts assessed on each, and shall be sufficient
warrant to the city treasurer to collect the assessment therein
specified. In no case, however, shall a copy of such
assessment roll and judgment be certified to the city treasurer unless and until the awards of the jury shall have first
been accepted by the city council or other legislative body
as provided by law, or the time for rejecting the same shall
(2002 Ed.)
8.12.330
have expired. [1915 c 154 § 5; 1907 c 153 § 31; RRS §
9245. Prior: 1905 c 55 § 31; 1893 c 84 § 31.]
8.12.370 Treasurer’s notice to pay when assessments immediately payable. Whenever the assessment for
any such improvement shall be immediately payable, the
owner of any such lot, tract or parcel of land or other
property so assessed may pay such entire assessment, or any
part thereof, without interest, within thirty days after the
notice of such assessment.
The city treasurer shall, as soon as the certified copy of
the assessment roll has been placed in his hands for collection, publish a notice in the official newspaper of the city for
two consecutive daily, or two consecutive weekly issues, and
then by posting four notices thereof in public places along
the line of the proposed improvement, that the said roll is in
his hands for collection, and that any assessment thereon, or
any part thereof, may be paid within thirty days from the
date of the first publication or posting of said notice, without
penalty, interest or costs, and if not so paid, the same shall
thereupon become delinquent. [1915 c 154 § 6; 1907 c 153
§ 32; RRS § 9246. Prior: 1905 c 55 § 32; 1893 c 84 § 32.]
8.12.380 Notice by mail—Penalty for default. It
shall be the duty of the city treasurer into whose hands such
judgment and assessment roll shall come, to mail notices of
such assessment to the persons whose names appear on the
assessment roll, so far as the addresses of such persons are
known to him. Any such treasurer omitting so to do, shall
be liable to a penalty of five dollars for every such omission;
but the validity of the special assessment shall not be
affected by such omission. When any assessment or
assessments are paid, it shall be the duty of the treasurer to
write the word "paid" opposite the same together with the
name and post office address of the person making the
payment and the date of payment. The owner may annually
notify the treasurer of his address and it shall be the duty of
the treasurer to mail the notice above provided for to such
address. [1907 c 153 § 33; RRS § 9247. Prior: 1905 c 55
§ 33; 1893 c 84 § 33.]
BONDS—INSTALLMENT PAYMENT
8.12.390 Bonds authorized. The city council or other
legislative body of any city may, in their discretion, provide
by ordinance for the payment of the whole or any portion of
the cost and expense of any local improvement authorized by
law, by bonds of the improvement district, which bonds shall
be issued and sold as herein provided. [1915 c 154 § 10;
1907 c 153 § 47; RRS § 9262.]
Cities and towns: Title 35 RCW.
Public contracts and indebtedness: Title 39 RCW.
8.12.400 Maturity—Interest—Payment. (1) Such
bonds shall be issued only in pursuance of ordinances of the
city directing the issuance of the same, and by their terms
shall be made payable on or before a date not to exceed
twelve years from and after their date, which latter date may
be fixed by resolution or ordinance by council or other
legislative body of said city and shall bear interest at such
[Title 8 RCW—page 15]
8.12.400
Title 8 RCW: Eminent Domain
rate or rates as may be authorized by the council or other
legislative body of said city, which interest shall be payable
annually, or semiannually, as may be provided by resolution
or ordinance: PROVIDED, That the legislative body of any
city of the first class having a population of three hundred
thousand inhabitants, or more, issuing any bonds hereunder
may by ordinance, passed by unanimous vote, authorize the
issuance of such bonds payable on or before a date not to
exceed twenty-two years from and after the date of the issue
of such bonds, and shall in such ordinance provide that said
bonds shall be sold at not less than par and shall bear
interest at such rate or rates as may be authorized by the
legislative body.
Such bonds shall be in such denominations as shall be
provided in the resolution or ordinance authorizing their
issuance and shall be numbered from one upwards, consecutively, and each bond and any coupon shall be signed by the
mayor and attested by the clerk or comptroller of such city:
PROVIDED, HOWEVER, That any coupons may in lieu of
being so signed have printed thereon a facsimile of the
signature of said officers and each bond shall have the seal
of such city affixed thereto and shall refer to the improvement to pay for which the same shall be issued and to the
ordinance authorizing the same. Each bond shall provide
that the principal sum therein named, and the interest
thereon, shall be payable out of the local improvement fund
created for the payment of the cost and expense of such
improvement, and not otherwise. Such bonds shall not be
issued in any amount in excess of the cost and expense of
the improvement. The bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW
39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 12; 1970 ex.s. c 56 § 2; 1969
ex.s. c 232 § 64; 1925 ex.s. c 115 § 1; 1915 c 154 § 11;
RRS § 9263.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
8.12.410 Sale—Application of proceeds. (1) The
bonds issued under the provisions of this chapter or any
portion thereof may be sold by any authorized officer or
officers of the city at not less than their par value and
accrued interest, and the proceeds thereof shall be applied in
payment of the awards, interest and costs of the improvement.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 13; 1915 c 154 § 12; RRS § 9264.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
8.12.420 Installment payment of assessments. In all
cases where any city shall issue bonds as provided for in this
chapter, the whole or any portion of the separate assessments
for any such improvement may be paid during the thirty day
period provided for in RCW 8.12.430, and thereafter the sum
remaining unpaid may be paid in equal annual installments;
[Title 8 RCW—page 16]
the number of which installments shall be less by two than
the number of years which the bonds issued to pay for the
improvements may run, with interest upon the whole unpaid
sum at the bond rate, and each year thereafter one of such
installments, together with the interest due thereon and on all
installments thereafter to become due, shall be collected in
the same manner as shall be provided by law and the
resolutions and ordinances of such city for the collection of
assessments for such improvements in cases where no bonds
are issued: PROVIDED, HOWEVER, That whenever the
legislative body of any city of the first class having a
population of three hundred thousand inhabitants, or more,
shall have, as provided in RCW 8.12.400, by unanimous
vote determined that any bonds issued hereunder shall be
payable in twenty-two years, such legislative body may by
ordinance provide that the principal sum remaining unpaid
after the thirty day period specified in RCW 8.12.430 may
be paid in ten equal annual installments, beginning with the
eleventh year and ending with the twentieth year after said
thirty day period, together with interest upon the unpaid
installments at the bond rate, and that in each year after the
said thirty day period, to and including the tenth year
thereafter, one installment of interest on the principal sum of
said assessment shall be paid and collected, and that,
beginning with the eleventh year after said thirty day period,
one installment of the principal, together with the interest
due thereon and on all installments thereafter to become due,
shall be paid and collected in the same manner as shall be
provided by law and the resolutions and ordinances of such
city for the collection of assessments for such improvements
in cases where no bonds are issued.
In all cases of improvements authorized in this chapter,
where, at the time this chapter shall become effective, the
notice by the city treasurer of the assessment for such
improvement shall not have been published, the city council
or other legislative body of such city may by ordinance or
resolution provide for the issuance and sale of bonds for
such improvement and for the payment of such assessments
in installments. [1925 ex.s. c 115 § 2; 1915 c 154 § 13;
RRS § 9265.]
8.12.430 Notice to pay—Due date of installments—
Penalty—Interest. Whenever the assessment for any such
improvement shall be payable in installments, the owner of
any lot, tract, or parcel of land or other property charged
with any such assessment may pay the assessment or any
portion thereof, without interest, within thirty days after such
notice of the assessment.
The city treasurer shall, as soon as the certified copy of
the assessment roll has been placed in his hands for collection, publish a notice in the official newspaper of the city for
two consecutive daily or two consecutive weekly issues, that
the roll is in his hands for collection and that any assessment
thereon or any portion of any such assessment may be paid
at any time within thirty days from the date of the first
publication of the notice without penalty, interest or costs,
and the unpaid balance, if any, may be paid in equal annual
installments, or any such assessment may be paid at any
time after the first thirty days following the date of the first
publication of the notice by paying the entire unpaid portion
thereof with all penalties and costs attached, together with all
(2002 Ed.)
Eminent Domain by Cities
interest thereon to the date of delinquency of the first
installment thereof next falling due.
The notice shall further state that the first installment of
the assessment shall become due and payable during the
thirty day period succeeding a date one year after the date of
first publication of the notice, and annually thereafter each
succeeding installment shall become due and payable in like
manner.
If the whole or any portion of any assessment remains
unpaid after the first thirty day period herein provided for,
interest upon the whole unpaid sum shall be charged at the
bond rate, and each year thereafter one of the installments,
together with interest due upon the whole of the unpaid
balance, shall be collected, except that where the assessment
is payable in twenty years, installments of interest only shall
be collected for the first ten years, as provided in RCW
8.12.420.
Any installment not paid prior to the expiration of the
thirty day period during which the installment is due and
payable, shall thereupon become delinquent. All delinquent
installments shall be subject to a charge of five percent
penalty levied upon both principal and interest due on the
installments, and all delinquent installments, except installments of interest when the assessment is payable in twenty
years, as provided in RCW 8.12.420, shall, until paid, be
subject to a charge for interest at the bond rate.
The bonds herein provided for shall not be issued prior
to twenty days after the expiration of the thirty days first
above mentioned, but may be issued at any time thereafter.
In all cases where any sum is paid as herein provided, the
same shall be paid to the city treasurer, or to the officer
whose duty it is to collect the assessments, and all sums so
paid shall be applied solely to the payment of the awards,
interest and costs of the improvements or the redemption of
the bonds issued therefor. [1985 c 469 § 4; 1925 ex.s. c 115
§ 3; 1915 c 154 § 14; RRS § 9266.]
8.12.440 Bond owner may enforce collection. If the
city shall fail, neglect or refuse to pay said bonds or to
promptly collect any such assessments when due, the owner
of any such bonds may proceed in his own name to collect
such assessment and foreclose the lien thereof in any court
of competent jurisdiction, and shall in addition to the
principal of such bonds and interest thereon, recover five
percent of such sum, together with the costs of such suit.
Any number of owners of such bonds for any single improvement may join as plaintiffs and any number of owners
of the property on which the same are a lien may be joined
as defendants in such suit. [1983 c 167 § 14; 1915 c 154 §
15; RRS § 9267.]
Rules of court: CR 17 through 25.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
8.12.450 Bondholder’s remedy limited to assessments. Neither the holder nor owner of any bond issued
under the authority of this chapter shall have any claim
therefor against the city by which the same is issued, except
from the special assessment made for the improvement for
which such bond was issued, but his remedy in case of
nonpayment, shall be confined to the enforcement of such
(2002 Ed.)
8.12.430
assessments. A copy of this section shall be plainly written,
printed or engraved on each bond so issued. [1915 c 154 §
16; RRS § 9268.]
8.12.460 Payment of bonds—Call—Notice. The city
treasurer shall pay the interest on the bonds authorized to be
issued by this chapter out of the respective local improvement funds from which they are payable. Whenever there
shall be sufficient money in any local improvement fund
against which bonds have been issued under the provisions
of this chapter, over and above sufficient for the payment of
interest on all unpaid bonds, to pay the principal of one or
more bonds, the treasurer shall call in and pay such bonds.
The bonds shall be called in and paid in their numerical
order, commencing with number one. The call shall be
made by publication in the city official newspaper in its first
publication following the delinquency of the installment of
the assessment or as soon thereafter as is practicable, and
shall state that bonds No. . . . . . (giving the serial numbers
of the bonds called) will be paid on the day the next interest
payments on the bonds shall become due, and interest on the
bonds shall cease upon such date. [1985 c 469 § 5; 1983 c
167 § 15; 1915 c 154 § 18; RRS § 9270.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
DELINQUENCY—REDEMPTION
8.12.470 Enforcement of collection—Interest on
delinquency. Wherever any assessment or installment
thereof shall become delinquent, the city treasurer shall
enforce the collection thereof in the same manner as provided in chapter 9, Laws of 1933 [as codified in chapter 35.50
RCW], or such other laws as may be hereafter enacted for
the foreclosure of delinquent local (physical) improvement
assessments. All assessments or installments unpaid at the
expiration of the time fixed herein for the payment of the
same, shall bear interest at the rate of ten percent per annum,
from said date until paid. [1947 c 152 § 1; 1915 c 154 § 7;
1907 c 153 § 34; Rem. Supp. 1947 § 9248. Prior: 1905 c
55 § 34; 1893 c 84 § 34.]
8.12.480 Assessment fund to be kept separate. All
moneys collected by the treasurer upon assessments under
this chapter shall be kept as a separate fund and shall be
used for no other purpose than the redemption of warrants or
bonds drawn or issued against the fund. [1907 c 153 § 42;
RRS § 9257. Prior: 1905 c 55 § 42; 1893 c 84 § 42.]
8.12.490 Record of payment and redemption.
Whenever before the sale of any property the amount of any
assessment thereon, with interest and costs accrued thereon,
shall be paid to the treasurer, he shall thereupon mark the
same paid, with the date of payment thereof on the assessment roll, and whenever after sale of any property for any
assessments, the same shall be redeemed, he shall thereupon
enter the same redeemed with the date of such redemption
on such record. Such entry shall be made on the margin of
the record opposite the description of such property. [1907
c 153 § 43; RRS § 9258. Prior: 1905 c 55 § 43; 1893 c 84
§ 43.]
[Title 8 RCW—page 17]
8.12.500
Title 8 RCW: Eminent Domain
8.12.500 Liability of treasurer. If the treasurer shall
receive any moneys for assessments, giving a receipt
therefor, for any property and afterwards return the same as
unpaid, or shall receive the same after making such return,
and the same be sold for assessment which has been so paid
and receipted for by himself or his clerk or assistant, he and
his bond shall be liable to the holder of the certificate given
to the purchaser at the sale for the amount of the face of the
certificate, and a penalty of fifteen percent additional thereto
besides legal interest, to be demanded within two years from
the date of the sale and recovered in any court having
jurisdiction of the amount, and the city shall in no case be
liable to the holder of such certificate. [1907 c 153 § 44;
RRS § 9259. Prior: 1905 c 55 § 44; 1893 c 84 § 44.]
MISCELLANEOUS PROVISIONS
8.12.510 Reassessment. If any assessment be
annulled or set aside by any court, or be invalid for any
cause, a new assessment may be made, and return and like
notice given and proceedings had as herein required in
relation to the first; and all parties in interest shall have the
like rights, and the city council or other legislative body, and
the superior court, shall perform the like duties and have like
power in relation to any subsequent assessment as are hereby
given in relation to the first assessment. [1907 c 153 § 45;
RRS § 9260. Prior: 1905 c 55 § 45; 1893 c 84 § 45.]
8.12.520 Lien of assessment—Enforcement by civil
action. All the assessments levied by any city under this
chapter shall, from the date of the judgment confirming the
assessment be a lien upon the real estate upon which the
same may be imposed, and such lien shall continue until
such assessments are paid; if any proceedings taken for the
enforcement thereof, shall be held void or invalid, such city
shall provide by ordinance for new proceedings and a new
sale for the enforcement thereof in like manner as hereinbefore provided; and in addition to the remedy hereinbefore
provided, any city may enforce such lien by civil action in
any court of competent jurisdiction in like manner and with
like effect as actions for the foreclosure of mortgage. [1907
c 153 § 46; RRS § 9261. Prior: 1905 c 55 § 46; 1893 c 84
§ 46.]
Foreclosure actions, real estate mortgages: Chapter 61.12 RCW.
8.12.530 Discontinuance of proceedings. At any
time within six months from the date of rendition of the last
judgment awarding compensation for any such improvement
in the superior court, or if appellate review is sought, then
within two months after the final determination of the
proceeding in the supreme court or the court of appeals, any
such city may discontinue the proceedings by ordinance
passed for that purpose before making payment or proceeding with the improvement by paying or depositing in court
all taxable costs incurred by any parties to the proceedings
up to the time of such discontinuance. If any such improvement be discontinued, no new proceedings shall be
undertaken therefor until the expiration of one year from the
date of such discontinuance. [1988 c 202 § 11; 1971 c 81
§ 40; 1915 c 154 § 21; 1907 c 153 § 49; RRS § 9274. Prior: 1905 c 55 § 48; 1893 c 84 § 48.]
[Title 8 RCW—page 18]
Severability—1988 c 202: See note following RCW 2.24.050.
8.12.540 Subsequent compensation for property
taken or damaged. If any city has heretofore taken or shall
hereafter take possession of any land or other property, or
has damaged or shall hereafter damage the same for any of
the public purposes mentioned in this chapter, or for any
other purpose within the authority of such city or town,
without having made just compensation therefor, such city or
town may cause such compensation to be ascertained and
paid to the persons entitled thereto by proceedings taken in
accordance with the provisions of this chapter, and the
payment of such compensation and costs as shall be adjudged in favor of the persons entitled thereto in such
proceedings shall be a defense to any other action for the
taking or damaging of such property. [1907 c 153 § 53;
RRS § 9278. Prior: 1905 c 55 § 52; 1893 c 84 § 52.]
8.12.550 Regrade assessments. If any street, avenue
or alley, or the right to use and control the same for purposes of public travel, shall belong to any city and such city
shall establish a grade therefor, which grade requires any cut
or fill, damaging abutting property, the damages to arise
from the making of such grade may be ascertained in the
manner provided in this chapter, but such city may provide
that the compensation to be made for such damage, together
with the accruing costs, shall be added to the cost of the
labor and material necessary for the grading thereof, and
shall be paid by assessment upon the property within the
local assessment district defined by law or the charter or
ordinances of such city in the same manner and to the same
extent as other expenses of such improvement are assessed
and collected. In such cases it shall not be necessary to
procure the appointment of commissioners to take the other
proceedings herein provided for making such assessments,
but all the proceedings for the assessment and collection of
such damages and costs, shall, if so ordained by such city,
be governed by the charter provisions, law or ordinances in
force in such city for the assessment and collection of the
costs of such improvements upon property locally benefited
thereby: PROVIDED, HOWEVER, That this section shall
not apply to the original grading of such street, avenue or
alley. [1909 c 80 § 1; 1907 c 153 § 48; RRS § 9273. Prior:
1905 c 55 § 47; 1893 c 84 § 47.]
8.12.560 Construction as to second class cities. In
so far as this chapter relates to cities of the second class, this
chapter shall not be deemed to be exclusive or as repealing
or superseding any existing law relative to such cities,
covering any subject covered by this chapter, but as to such
cities, this chapter shall be construed as conferring additional
powers and additional remedies, to those now provided by
law. [1907 c 153 § 56; RRS § 9279.]
Second class cities, specific powers enumerated: RCW 35.23.440(45).
8.12.570 Condemnation for military purposes. See
RCW 8.04.170.
8.12.580 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
(2002 Ed.)
Eminent Domain by School Districts
Chapter 8.16
EMINENT DOMAIN BY SCHOOL DISTRICTS
Sections
8.16.010
8.16.020
8.16.030
8.16.040
8.16.050
8.16.060
8.16.070
8.16.080
8.16.090
8.16.100
8.16.110
8.16.120
8.16.130
8.16.140
8.16.150
8.16.160
Condemnation authorized for schoolhouse sites.
Petition—Contents.
Notice of petition—Service.
Adjournment of proceedings—Further notice.
Hearing—Finding of necessity—Setting for trial.
Impaneling of jury.
Trial—View by jury.
Verdict.
Ten jurors may render verdict.
Waiver of jury.
Judgment—Payment of award—Decree of appropriation.
Costs.
Appellate review.
Appeal does not delay possession if award paid.
Designation of parties—Fees.
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
Acreage limitation with respect to district’s power of eminent domain:
RCW 28A.335.220.
Additional provisions relating to eminent domain proceedings: Chapter
8.25 RCW.
8.16.010 Condemnation authorized for schoolhouse
sites. Whenever any school district shall select any real
estate as a site for a schoolhouse, or as additional grounds to
an existing schoolhouse site, within the district, and the
board of school directors of such district and the owner or
owners of the site or any part thereof, or addition thereto
selected, shall be unable to agree upon the compensation to
be paid by such school district to the owner or owners
thereof, such school district shall have the right to take and
acquire title to such real estate for use as a schoolhouse site
or additional site, upon first paying to the owner or owners
thereof therefor the value thereof, to be ascertained in the
manner hereinafter provided. [1909 p 372 § 1; 1903 c 111
§ 1; RRS § 906.]
8.16.020 Petition—Contents. The board of directors
of the school district shall present to the superior court of the
state of Washington in and for the county wherein is situated
the real estate desired to be acquired for schoolhouse site
purposes, a petition, reciting that the board of directors of
such school district have selected certain real estate, describing it, as a schoolhouse site, or as additional grounds to
an existing site, for such school district; that the site so
selected, or some part thereof, describing it, belongs to a
person or persons, naming him or them, that such school
district has offered to give the owner or owners thereof
therefor . . . . . . dollars, and that the owner of such real
estate has refused to accept the same therefor; that the board
of school directors of such school district and the said owner
or owners of such real estate are unable to agree upon the
compensation to be paid by such school district to the owner
or owners of such real estate therefor, and praying that a
jury be impaneled to ascertain and determine the compensation to be made in money by such school district to such
owner or owners for the taking of such real estate for the use
as a schoolhouse site for such school district; or in case a
jury be waived in the manner provided by law in other civil
actions in courts of record, then that the compensation to be
(2002 Ed.)
Chapter 8.16
made as aforesaid, be ascertained and determined by the
court, or judge thereof. [1909 p 372 § 2; 1903 c 111 § 2;
RRS § 907.]
8.16.030 Notice of petition—Service. A notice,
stating the time and place when and where such petition
shall be presented to the court, or the judge thereof, together
with a copy of such petition, shall be served on each and
every person named therein as owner, or otherwise interested
therein, at least ten days previous to the time designated in
such notice for the presentation of such petition. Such notice
shall be signed by the prosecuting attorney of the county
wherein the real estate sought to be taken is situated, and
may be served in the same manner as summons in a civil
action in such superior court is authorized by law to be
served. [1909 p 373 § 3; 1903 c 111 § 3; RRS § 908.]
Publication of notice in eminent domain proceedings: RCW 4.28.120.
8.16.040 Adjournment of proceedings—Further
notice. The court may, upon application of the petitioner or
of any owner of said real estate, or any person interested
therein, for reasonable cause, adjourn the proceedings from
time to time, and may order new or further notice to be
given to any party whose interests may be affected by such
proceedings. [1909 p 373 § 4; 1903 c 111 § 4; RRS § 909.]
8.16.050 Hearing—Finding of necessity—Setting for
trial. At the time and place appointed for the hearing of
such petition, or to which the same may have been adjourned, if the court shall find that all parties interested in
such real estate sought to be taken have been duly served
with notice and a copy of the petition as above prescribed,
and shall further find that such real estate sought to be taken
is required and necessary for the purposes of a schoolhouse
site, or as an addition to a schoolhouse site, for such school
district, the court shall make an order reciting such findings,
and shall thereupon set the hearing of such petition down for
trial by a jury, as other civil actions are tried, unless a jury
is waived in the manner provided by law in other civil actions. [1909 p 373 § 5; RRS § 910. Prior: 1903 c 111 §
5.]
8.16.060 Impaneling of jury. The jury impaneled to
hear the evidence and determine the compensation to be paid
to the owner or owners of such real estate desired for such
schoolhouse site purpose shall consist of twelve persons
unless a less number be agreed upon, and shall be selected,
impaneled and sworn in the same manner that juries in other
civil actions are selected, impaneled and sworn, provided a
juror may be challenged for cause on the ground that he is
a taxpayer of the district seeking the condemnation of any
real estate. [1909 p 373 § 6; 1903 c 111 § 6; RRS § 911.]
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36,
4.44 RCW.
Juries in courts of limited jurisdiction: RCW 2.36.050.
8.16.070 Trial—View by jury. A judge of the
superior court shall preside at the trial and witnesses may be
examined in behalf of either party to the proceedings, as in
other civil actions, and upon the request of all the parties
interested in such proceedings the court shall cause the jury
[Title 8 RCW—page 19]
8.16.070
Title 8 RCW: Eminent Domain
impaneled to hear the same, to view the premises sought to
be taken, and upon the request of any less number of the
persons interested in the proceedings, the court may cause
the jury to view the premises, pending the hearing of the
case. [1909 p 374 § 7; 1903 c 111 § 7; RRS § 912.]
Trial, civil actions, view by jury: RCW 4.44.270.
8.16.080 Verdict. Upon the close of the evidence,
and the argument of counsel, the court shall instruct the jury
as to the matters submitted to them, and the law pertaining
thereto, whereupon the jury shall retire and deliberate and
determine upon the amount of compensation in money that
shall be paid to the owner or owners of the real estate sought
to be taken for such schoolhouse site purposes therefor,
which shall be the amount found by the jury to be the fair
and full value of such premises; and when the jury shall
have determined upon their verdict, they shall return the
same to the court as in other civil actions. [1909 p 374 § 8;
1903 c 111 § 8; RRS § 913.]
Trial, civil actions, rendering of verdict: Chapter 4.44 RCW.
8.16.090 Ten jurors may render verdict. When ten
of the jurors agree upon a verdict, the verdict so agreed upon
shall be signed by the foreman, and the verdict so agreed
upon shall be and stand as the verdict of the jury. [1909 p
374 § 9; 1903 c 111 § 9; RRS § 914.]
Verdict, civil actions, ten jurors may render: RCW 4.44.380.
8.16.100 Waiver of jury. In case a jury is waived,
the compensation that shall be paid for the premises taken
shall be determined by the court and the proceedings shall be
the same as in the trial of issues of fact by the court in other
civil actions. [1909 p 374 § 10; 1903 c 111 § 10; RRS §
915.]
8.16.110 Judgment—Payment of award—Decree of
appropriation. Upon the verdict of the jury, or upon the
determination by the court of the compensation to be paid
for the property sought to be taken as herein provided,
judgment shall be entered against such school district in
favor of the owner or owners of the real estate sought to be
taken, for the amount found as compensation therefor, and
upon the payment of such amount by such school district to
the clerk of such court for the use of the owner or owners
of, and the persons interested in the premises sought to be
taken, the court shall enter a decree of appropriation of the
real estate sought to be taken, thereby vesting the title to the
same in such school district; and a certified copy of such
decree of appropriation may be filed in the office of the
county auditor of the county wherein the real estate taken is
situated, and shall be recorded by such auditor like a deed of
real estate, and with like effect. The money so paid to the
clerk of the court shall be by him paid to the person or
persons entitled thereto, upon the order of the court. [1909
p 374 § 11; 1903 c 111 § 11; RRS § 916.]
Recording of deeds of real estate: Title 65 RCW.
8.16.120 Costs. All the costs of such proceedings in
the superior court shall be paid by the school district
[Title 8 RCW—page 20]
initiating such proceedings. [1909 p 375 § 12; 1903 c 111
§ 12; RRS § 917.]
8.16.130 Appellate review. Either party may seek
appellate review of the judgment for compensation awarded
for the property taken, entered in the superior court, to the
supreme court or the court of appeals of the state within
sixty days after the entry of the judgment, and such review
shall bring before the supreme court or the court of appeals
the justness of the compensation awarded for the property
taken, and any error occurring on the hearing of such matter,
prejudicial to the party appealing: PROVIDED, HOWEVER, That if the owner or owners of the land taken accepts
the sum awarded by the jury or court, he or they shall be
deemed thereby to have waived appellate review. [1988 c
202 § 12; 1971 c 81 § 41; 1909 p 375 § 13; RRS § 918.
Prior: 1903 c 111 § 13.]
Severability—1988 c 202: See note following RCW 2.24.050.
8.16.140 Appeal does not delay possession if award
paid. An appeal from such judgment by the owner or
owners of the land sought to be taken, shall not have the
effect to preclude the school district from taking possession
of the premises sought, pending the appeal, provided the
amount of the judgment against the school district shall have
been paid in to the clerk of the court, as hereinbefore
provided. [1909 p 375 § 14; 1903 c 111 § 14; RRS § 919.]
8.16.150 Designation of parties—Fees. In all
proceedings under this chapter the school district seeking to
acquire title to real estate for a schoolhouse site, shall be
denominated plaintiff, and all other persons interested therein
shall be denominated defendants; and in all such proceedings
the clerk of the superior court wherein any such proceeding
is brought shall charge nothing for his services, except in
taking an appeal from the judgment entered in the superior
court. [1909 p 375 § 15; 1903 c 111 § 15; RRS § 920.]
8.16.160 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
Chapter 8.20
EMINENT DOMAIN BY CORPORATIONS
Sections
8.20.010
8.20.020
8.20.060
8.20.070
8.20.080
8.20.090
8.20.100
8.20.110
8.20.120
8.20.130
8.20.140
8.20.150
8.20.160
8.20.170
8.20.180
Petition for appropriation—Contents.
Notice—Contents—Service—Publication.
Adjournment of proceedings—Further notice.
Adjudication of public use or private way of necessity.
Trial, how conducted.
Judgment—Decree of appropriation—Recording.
Payment of damages—Effect—Appellate review.
Claimants, payment of—Conflicting claims.
Appellate review.
Prosecution of work pending appeal—Bond.
Appropriation of railway right-of-way through canyon, pass,
or defile.
Prior entry with consent—Condemnation avoids ouster.
Three-year occupancy—Condemnation avoids ouster.
Suit for compensation by owner equivalent to condemnation.
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
(2002 Ed.)
Eminent Domain by Corporations
Additional provisions relating to eminent domain proceedings: Chapter
8.25 RCW.
Corporations, certain types: RCW 81.36.010.
Corporations conveying water: RCW 90.16.100.
Easements over public lands: Chapter 79.36 RCW.
Electric light and power companies: RCW 80.32.060 through 80.32.080.
Eminent domain affecting corporations other than municipal: State
Constitution Art. 12 § 10.
Gas and oil pipelines: RCW 81.88.020.
Grade crossing eliminations, appropriation for: RCW 81.53.180.
Mining companies: RCW 78.04.010.
Railroad companies, appropriation by: RCW 81.36.010.
Railroads, rights of way: RCW 81.52.040, 81.53.180.
State university—Rights-of-way to railroads: RCW 28B.20.330.
Street and electric railroads: RCW 81.64.040.
Telecommunications companies: RCW 80.36.010, State Constitution Art. 12
§ 19.
Underground natural gas storage: RCW 80.40.030, 80.40.040.
Water power companies: RCW 90.16.030.
8.20.010 Petition for appropriation—Contents. Any
corporation authorized by law to appropriate land, real estate,
premises or other property for right-of-way or any other
corporate purposes, may present to the superior court of the
county in which any land, real estate, premises or other
property sought to be appropriated shall be situated, or to the
judge of such superior court in any county where he has
jurisdiction or is holding court, a petition in which the land,
real estate, premises or other property sought to be appropriated shall be described with reasonable certainty, and
setting forth the name of each and every owner, encumbrancer or other person or party interested in the same, or
any part thereof, so far as the same can be ascertained from
the public records, the object for which the land is sought to
be appropriated, and praying that a jury be impaneled to
ascertain and determine the compensation to be made in
money, irrespective of any benefit from any improvement
proposed by such corporation, to such owner or owners,
respectively, and to all tenants, encumbrancers and others
interested, for the taking or injuriously affecting such lands,
real estate, premises or other property, or in case a jury be
waived as in other civil cases in courts of record in the
manner prescribed by law, then that the compensation to be
made, as aforesaid, be ascertained and determined by the
court, or judge thereof. [1890 p 294 § 1. Prior: 1888 p 58
§ 1; RRS § 921.]
8.20.020 Notice—Contents—Service—Publication.
A notice, stating briefly the objects of the petition, and
containing a description of the land, real estate, premises or
property sought to be appropriated, and stating the time and
place, when and where the same will be presented to the
court, or the judge thereof, shall be served on each and every
person named therein as owner, encumbrancer, tenant, or
otherwise interested therein, at least ten days previous to the
time designated in such notice for the presentation of such
petition. Such service shall be made by delivering a copy of
such notice to each of the persons or parties so named
therein, if a resident of the state; or, in case of the absence
of such person or party from his or her usual place of abode,
by leaving a copy of such notice at his or her usual place of
(2002 Ed.)
Chapter 8.20
abode; or, in case of a foreign corporation, at its principal
place of business in this state, with some person of more
than sixteen years of age. In case of domestic corporations,
such service shall be made upon the president, secretary or
other director or trustee of such corporation. In case of persons under the age of eighteen years, on their guardians, or
in case no guardian shall have been appointed, then on the
person who has the care and custody of such person; in case
of idiots, lunatics or distracted persons, on their guardian, or
in case no guardian shall have been appointed, then on the
person in whose care or charge they are found. In case the
land, real estate, premises or other property sought to be
appropriated is state, school or county land, the notice shall
be served on the auditor of the county in which the land, real
estate, premises or other property sought to be appropriated
is situated. In all cases where the owner or person claiming
an interest in such real or other property, is a nonresident of
this state, or where the residence of such owner or person is
unknown, and an affidavit of the agent or attorney of the
corporation shall be filed that such owner or person is a
nonresident of this state, or that after diligent inquiry his
residence is unknown, or cannot be ascertained by such
deponent, service may be made by publication thereof in any
newspaper published in the county where such lands are
situated once a week for two successive weeks; and in case
no newspaper is published in said county, then such publication may be had in a newspaper published in the county
nearest to the county in which lies the land sought to be
appropriated. And such publication shall be deemed service
upon each of such nonresident person or persons whose
residence is unknown. Such notice shall be signed by the
president, manager, secretary or attorney of the corporation;
and in case the proceedings provided for in RCW 8.20.010
through 8.20.140 are instituted by the owner or any other
person or party interested in the land, real estate, or other
property sought to be appropriated, then such notice shall be
signed by such owner, person or party interested, or his, her
or its attorney. Such notice may be served by any competent person eighteen years of age or over. Due proof of the
service of such notice by affidavit of the person serving the
same, or by the printer’s affidavit of publication, shall be
filed with the clerk of such superior court before or at the
time of the presentation of such petition. Want of service of
such notice shall render the subsequent proceedings void as
to the person not served, but all persons or parties having
been served with notice as herein provided, either by
publication or otherwise, shall be bound by the subsequent
proceedings. In all other cases not otherwise provided for,
service of notices, orders and other papers in the proceedings
authorized by RCW 8.20.010 through 8.20.140 may be made
as the superior court or the judge thereof may direct. [1971
ex.s. c 292 § 9; 1890 p 295 § 2; RRS § 922. Prior: 1888
p 58 § 2. Formerly RCW 8.20.020, 8.20.030, 8.20.040,
8.20.050.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Publication of
legal notices: Chapter 65.16 RCW.
notice in eminent domain proceedings: RCW 4.28.120.
Service of process where state land is involved: RCW 8.28.010.
8.20.060 Adjournment of proceedings—Further
notice. The court or judge may, upon application of the
[Title 8 RCW—page 21]
8.20.060
Title 8 RCW: Eminent Domain
petitioner or of any owner or party interested, for reasonable
cause, adjourn the proceedings from time to time, and may
order new or further notice to be given to any party whose
interest may be affected. [1890 p 297 § 3; RRS § 924.
Prior: 1888 p 60 § 3.]
courts of record in the manner prescribed by law, the compensation to be paid for the property sought to be appropriated shall be ascertained and determined by the court or the
judge thereof, and the proceedings shall be the same as in
trials of an issue of fact by the court. [1890 p 297 § 5; RRS
§ 926.]
8.20.070 Adjudication of public use or private way
of necessity. At the time and place appointed for hearing
said petition, or to which the same may have been adjourned, if the court or judge thereof shall have satisfactory
proof that all parties interested in the land, real estate,
premises, or other property described in said petition, have
been duly served with said notice as above prescribed, and
shall be further satisfied by competent proof that the contemplated use for which the land, real estate, premises or other
property sought to be appropriated is really a public use, or
is for a private use for a private way of necessity, and that
the public interest requires the prosecution of such enterprise, or the private use is for a private way of necessity, and
that the land, real estate, premises or other property sought
to be appropriated are required and necessary for the purposes of such enterprise, the court or judge thereof may
make an order, to be recorded in the minutes of said court,
directing that a jury be summoned, or called, in the manner
provided by law, to ascertain the compensation which shall
be made for the land, real estate, premises or other property
sought to be appropriated, unless a jury be waived as in
other civil cases in courts of record, in the manner prescribed by law. [1927 c 88 § 1; 1897 c 46 § 1; 1890 p 297
§ 4; RRS § 925. Prior: 1888 p 60 § 4.]
Witnesses in civil actions
compelling attendance: Chapter 5.56 RCW.
examination: Title 5 RCW.
Juries, civil actions, selection, impaneling and swearing of: Chapters 2.36,
4.44 RCW.
Private ways of necessity: Chapter 8.24 RCW.
8.20.080 Trial, how conducted. A judge of the
superior court shall preside at the trial which shall be held at
such time as the court or the judge thereof may direct, at the
courthouse in the county where the land, real estate, premises or other property sought to be appropriated is situated,
and the jurors at such trial shall make in each case a separate
assessment of damages which shall result to any person,
corporation or company, or to the state, or to any county, by
reason of the appropriation and use of such land, real estate,
premises or other property by such corporation as aforesaid
for any and all corporate purposes, and shall ascertain,
determine and award the amount of damages to be paid to
said owner or owners respectively, and to all tenants,
encumbrancers and others interested, for the taking or
injuriously affecting such land, real estate, premises or other
property for the purpose of such enterprise, irrespective of
any benefit from any improvement proposed by such corporation. Upon the trial, witnesses may be examined in behalf
of either party to the proceedings as in civil actions; and a
witness served with a subpoena in such proceedings shall be
punished for failure to appear at such trial, or for perjury, as
upon a trial of a civil action. Upon the verdict of the jury,
judgment shall be entered for the amount of the damages
awarded to such owner or owners respectively, and to all
tenants, encumbrancers and others interested, for the taking
or injuriously affecting such land, real estate, premises or
other property. In case a jury is waived as in civil cases in
[Title 8 RCW—page 22]
8.20.090 Judgment—Decree of appropriation—
Recording. At the time of rendering judgment for damages,
whether upon default or trial, if the damages awarded be
then paid, or upon their payment, if not paid at the time of
rendering such judgment, the court or judge thereof shall
also enter a judgment or decree of appropriation of the land,
real estate, premises, right-of-way or other property sought
to be appropriated, thereby vesting the legal title to the same
in the corporation seeking to appropriate such land, real
estate, premises, right-of-way or other property for corporate
purposes. Whenever said judgment or decree of appropriation shall affect lands, real estate or other premises, a
certified copy of such judgment or decree of appropriation
may be filed for record in the office of the auditor of the
county where the said land, real estate or other premises are
situated, and shall be recorded by said auditor like a deed of
real estate and with like effect. If the title to said land, real
estate, premises or other property attempted to be acquired
is found to be defective from any cause, the corporation may
again institute proceedings to acquire the same, as in RCW
8.20.010 through 8.20.140 provided. [1891 c 46 § 1; 1890
p 298 § 6; RRS § 927.]
Rules of court: CR 54, 58.
Recording of deeds of real estate: Title 65 RCW.
8.20.100 Payment of damages—Effect—Appellate
review. Upon the entry of judgment upon the verdict of the
jury or the decision of the court or judge thereof, awarding
damages as hereinbefore prescribed, the petitioner, or any
officer of, or other person duly appointed by said corporation, may make payment of the damages assessed to the
parties entitled to the same, and of the costs of the proceedings, by depositing the same with the clerk of said superior
court, to be paid out under the direction of the court or judge
thereof; and upon making such payment into the court of the
damages assessed and allowed, and of the costs, to any land,
real estate, premises or other property mentioned in said
petition, such corporation shall be released and discharged
from any and all further liability therefor, unless upon
appellate review the owner or other person or party interested shall recover a greater amount of damages; and in that
case only for the amount in excess of the sum paid into said
court, and the costs of appellate review: PROVIDED, That
in case of review by the supreme court or the court of
appeals of the state by any party to the proceedings, the
money so paid into the superior court by such corporation as
aforesaid, shall remain in the custody of said court until the
final determination of the proceedings by the said supreme
court or the court of appeals. [1988 c 202 § 13; 1971 c 81
§ 42; 1890 p 299 § 7; RRS § 929.]
Severability—1988 c 202: See note following RCW 2.24.050.
(2002 Ed.)
Eminent Domain by Corporations
8.20.110 Claimants, payment of—Conflicting
claims. Any person, corporation, state or county, claiming
to be entitled to any money paid into court, as provided in
RCW 8.20.010 through 8.20.140 may apply to the court
therefor, and upon furnishing evidence satisfactory to the
court that he or it is entitled to the same, the court shall
make an order directing the payment to such claimant the
portion of such money as he or it shall be found entitled to;
but if, upon application, the court or judge thereof shall
decide that the title to the land, real estate, premises or other
property specified in the application of such claimant was in
such condition as to require that an action be commenced to
determine the conflicting claims thereto, he shall refuse such
order until such action is commenced and the conflicting
claims to such land, real estate, premises or other property
be determined according to law. [1890 p 299 § 8; RRS §
930. Prior: 1888 p 61 § 8.]
8.20.120 Appellate review. Either party may seek
appellate review of the judgment for damages entered in the
superior court within thirty days after the entry of judgment
as aforesaid and such review shall bring before the supreme
court or the court of appeals the propriety and justness of the
amount of damages in respect to the parties to the review:
PROVIDED, HOWEVER, That no bond shall be required of
any person interested in the property sought to be appropriated by such corporation, but in case the corporation
appropriating such land, real estate, premises or other
property is appellant, it shall give a bond like that prescribed
in RCW 8.20.130, to be executed, filed and approved in the
same manner: AND PROVIDED FURTHER, That if the
owner of the land, real estate, premises or other property
accepts the sum awarded by the jury, the court or the judge
thereof, he shall be deemed thereby to have waived conclusively appellate review, and final judgment by default may
be rendered in the superior court as in other cases. [1988 c
202 § 14; 1971 c 81 § 43; 1890 p 300 § 9; RRS § 931.
Prior: 1888 p 61 § 9.]
Severability—1988 c 202: See note following RCW 2.24.050.
8.20.130 Prosecution of work pending appeal—
Bond. The construction of any railway surface tramway,
elevated cable tramway, or canal, or the prosecution of any
works or improvements by any corporation as aforesaid shall
not be hindered, delayed or prevented by the prosecution of
the appeal of any party to the proceedings: PROVIDED,
The corporation aforesaid shall execute and file with the
clerk of the court in which the appeal is pending a bond to
be approved by said clerk, with sufficient sureties, conditioned that the persons executing the same shall pay whatever amount may be required by the judgment of the court
therein, and abide any rule or order of the court in relation
to the matter in controversy. [1897 c 46 § 2; 1890 p 300 §
10; RRS § 932. Prior: 1888 p 62 § 10.]
8.20.140 Appropriation of railway right-of-way
through canyon, pass, or defile. Any railroad company
whose right-of-way passes through any canyon, pass or
defile shall not prevent any other railroad company from the
use and occupancy of said canyon, pass or defile for the
purpose of its road in common with the road first located or
(2002 Ed.)
8.20.110
the crossing of other railroads at grade, and any railroad
company authorized by law to appropriate land, real estate,
premises or other property for right-of-way or any other
corporate purpose may present a petition, in the manner and
form hereinbefore provided, for the appropriation of a rightof-way through any canyon, pass or defile for the purpose of
its road where right-of-way has already been located,
condemned or occupied by some other railroad company
through such canyon, pass or defile for the purpose of its
road, and thereupon, like proceedings shall be had upon such
petition as herein provided in other cases; and at the time of
rendering judgment for damages, whether upon default or
trial, the court or judge thereof shall enter a judgment or
decree authorizing said railroad company to occupy and use
said right-of-way, roadbed and track, if necessary, in
common with the railroad company or companies already
occupying or owning the same, and defining the terms and
conditions upon which the same shall be so occupied and
used in common. [1890 p 301 § 12; RRS § 933.]
8.20.150 Prior entry with consent—Condemnation
avoids ouster. No corporation authorized by law to condemn property for public use, which has heretofore entered
or shall hereafter enter upon property for a public use with
the consent of the record owner or the person or corporation
in possession, shall be ousted from such possession or
prevented from continuing the putting of such property to
public use if before entry of judgment of ouster it shall
institute proceedings in condemnation to acquire such
property for public use, and shall thereafter prosecute the
same in good faith and pay any compensation which may be
awarded therein. [1927 c 219 § 1; RRS § 921-1.]
Severability—1927 c 219: "If any section, provision or clause in this
act be adjudged invalid the remainder of the act shall nevertheless remain
valid." [1927 c 219 § 4.] This applies to RCW 8.20.150 through 8.20.170.
8.20.160 Three-year occupancy—Condemnation
avoids ouster. No corporation which shall have been or
shall be in possession of property put to public use for three
or more years, and while continuing to put such property to
public use shall be ousted therefrom or prevented from
continuing such use if prior to the entry of any judgment of
ouster it shall institute condemnation proceedings to acquire
such property for public use, and shall thereafter prosecute
the same in good faith and pay any compensation awarded
therein. [1927 c 219 § 2; RRS § 921-2.]
8.20.170 Suit for compensation by owner equivalent
to condemnation. Nothing in RCW 8.20.150 through
8.20.170 shall prevent the owner of any such property suing
for and recovering compensation for such property without
instituting suit or proceedings to oust such corporation
therefrom, and upon payment of the amount awarded such
owner title to the property shall vest in such corporation as
effectually as if acquired by proceedings in condemnation.
[1927 c 219 § 3; RRS § 921-3.]
8.20.180 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
[Title 8 RCW—page 23]
Chapter 8.24
Title 8 RCW: Eminent Domain
Chapter 8.24
PRIVATE WAYS OF NECESSITY
Sections
8.24.010
8.24.015
8.24.025
8.24.030
8.24.040
8.24.050
Condemnation authorized—Private way of necessity defined.
Joinder of surrounding property owners authorized.
Selection of route—Criteria.
Procedure for condemnation—Fees and costs.
Logging road must carry products of condemnees.
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
Additional provisions relating to eminent domain proceedings: Chapter
8.25 RCW.
Adjudication of public use or private way of necessity: RCW 8.20.070.
8.24.010 Condemnation authorized—Private way of
necessity defined. An owner, or one entitled to the beneficial use, of land which is so situate with respect to the land
of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity or to
construct and maintain any drain, flume or ditch, on, across,
over or through the land of such other, for agricultural,
domestic or sanitary purposes, may condemn and take lands
of such other sufficient in area for the construction and
maintenance of such private way of necessity, or for the
construction and maintenance of such drain, flume or ditch,
as the case may be. The term "private way of necessity," as
used in this chapter, shall mean and include a right of way
on, across, over or through the land of another for means of
ingress and egress, and the construction and maintenance
thereon of roads, logging roads, flumes, canals, ditches,
tunnels, tramways and other structures upon, over and
through which timber, stone, minerals or other valuable
materials and products may be transported and carried.
[1913 c 133 § 1; RRS § 936-1. Prior: 1895 c 92 § 1.
Formerly RCW 8.24.020, part.]
8.24.015 Joinder of surrounding property owners
authorized. In any proceeding for the condemnation of land
for a private way of necessity, the owner of any land
surrounding and contiguous to the property which land might
contain a site for the private way of necessity may be joined
as a party. [1988 c 129 § 1.]
8.24.025 Selection of route—Criteria. If it is
determined that an owner, or one entitled to the beneficial
use of land, is entitled to a private way of necessity and it is
determined that there is more than one possible route for the
private way of necessity, the selection of the route shall be
guided by the following priorities in the following order:
(1) Nonagricultural and nonsilvicultural land shall be
used if possible.
(2) The least-productive land shall be used if it is
necessary to cross agricultural land.
(3) The relative benefits and burdens of the various
possible routes shall be weighed to establish an equitable
balance between the benefits to the land for which the
private way of necessity is sought and the burdens to the
land over which the private way of necessity is to run.
[1988 c 129 § 2.]
[Title 8 RCW—page 24]
8.24.030 Procedure for condemnation—Fees and
costs. The procedure for the condemnation of land for a
private way of necessity or for drains, flumes or ditches
under the provisions of this chapter shall be the same as that
provided for the condemnation of private property by
railroad companies, but no private property shall be taken or
damaged until the compensation to be made therefor shall
have been ascertained and paid as provided in the case of
condemnation by railroad companies.
In any action brought under the provisions of this
chapter for the condemnation of land for a private way of
necessity, reasonable attorneys’ fees and expert witness costs
may be allowed by the court to reimburse the condemnee.
[1988 c 129 § 3; 1913 c 133 § 2; RRS § 936-2. Prior:
1895 c 92 § 2.]
Condemnation by corporations: Chapter 8.20 RCW.
Railroads—Corporate powers and duties: RCW 81.36.010.
Special railroad eminent domain proceedings:
appropriation of railway right-of-way through canyon, pass or defile:
RCW 8.20.140.
extensions, branch lines: RCW 81.36.060.
railroad crossings: RCW 81.53.180.
spur tracks—Limit as to eminent domain: RCW 81.52.040.
state university—Rights-of-way to railroads: RCW 28B.20.330.
8.24.040 Logging road must carry products of
condemnees. That any person or corporation availing
themselves of the provisions of this chapter for the purpose
of acquiring a right-of-way for a logging road, as a condition
precedent, contract and agree to carry and convey over such
roads to either termini thereof any of the timber or other
produce of the lands through which such right is acquired at
any and all times, so long as said road is maintained and
operated, and at reasonable prices; and a failure so to do
shall terminate such right-of-way. The reasonableness of the
rate shall be subject to determination by the utilities and
transportation commission. [1913 c 133 § 3; RRS § 936-3.
Prior: 1895 c 92 § 3.]
8.24.050 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. See RCW 8.25.270.
Chapter 8.25
ADDITIONAL PROVISIONS APPLICABLE TO
EMINENT DOMAIN PROCEEDINGS
Sections
8.25.010
8.25.020
8.25.070
8.25.073
8.25.075
8.25.120
8.25.200
8.25.210
8.25.220
Pretrial statement of compensation to be paid in event of
settlement.
Payment to defray costs of evaluating offer—Amount.
Award of attorney’s fees and witness fees to condemnee—
Conditions to award.
Award of costs in air space corridor acquisitions—
Conditions.
Costs—Award to condemnee or plaintiff—Conditions.
Conclusions of appraisers—Order for production and exchange between parties.
Acquisition of property subject to unpaid or delinquent local
improvement assessments—Payment.
Special benefits to remaining property—Purpose.
Special benefits to remaining property—Options—Election
by owner—Consent to creation of lien.
(2002 Ed.)
Additional Provisions Applicable to Eminent Domain Proceedings
8.25.230
Special benefits to remaining property—Satisfaction or release of lien—Trial—Expiration of lien by operation of
law.
8.25.240
Special benefits to remaining property—Judgment—
Maximum amounts—Offsets—Interest.
8.25.250
Special benefits to remaining property—Attorney fees—
Witness fees.
8.25.260
Special benefits to remaining property—Lien foreclosure
proceedings—Stay.
8.25.270
Appointment of guardian ad litem for minors, alleged incapacitated persons—Protection of interests.
8.25.280
Valuation of public water systems.
Publication of notice: RCW 4.28.120.
8.25.010 Pretrial statement of compensation to be
paid in event of settlement. In all actions for the condemnation of property, or any interest therein, at least thirty days
prior to the date set for trial of such action the condemnor
shall serve a written statement showing the amount of total
just compensation to be paid in the event of settlement on
each condemnee who has made an appearance in the action.
[1965 ex.s. c 125 § 1.]
Chapter 8.25
condemnor upon the deposit in court of a warrant sufficient
to pay the amount offered as provided by law. In the event,
however, the condemnor does not request the condemnee to
stipulate to an order of immediate possession and use prior
to trial, the condemnee shall be entitled to an award of
reasonable attorney fees and reasonable expert witness fees
as authorized by subsections (1) and (2) of this section.
(4) Reasonable attorney fees as authorized in this
section shall not exceed the general trial rate, per day
customarily charged for general trial work by the
condemnee’s attorney for actual trial time and his or her
hourly rate for preparation. Reasonable expert witness fees
as authorized in this section shall not exceed the customary
rates obtaining in the county by the hour for investigation
and research and by the day or half day for trial attendance.
(5) In no event may any offer in settlement be referred
to or used during the trial for any purpose in determining the
amount of compensation to be paid for the property. [1984
c 129 § 1; 1971 ex.s. c 39 § 3; 1967 ex.s. c 137 § 3.]
Court appointed experts: Rules of court: ER 706.
8.25.020 Payment to defray costs of evaluating
offer—Amount. There shall be paid by the condemnor in
respect of each parcel of real property acquired by eminent
domain or by consent under threat thereof, in addition to the
fair market value of the property, a sum equal to the various
expenditures actually and reasonably incurred by those with
an interest or interests in said parcel in the process of
evaluating the condemnor’s offer to buy the same, but not to
exceed a total of seven hundred fifty dollars. In the case of
multiple interests in a parcel, the division of such sum shall
be determined by the court or by agreement of the parties.
[1999 c 52 § 1; 1967 ex.s. c 137 § 1; 1965 ex.s. c 125 § 2.]
8.25.073 Award of costs in air space corridor
acquisitions—Conditions. A superior court having jurisdiction of a proceeding instituted by a condemnor to acquire an
air space corridor together with other property rights shall
award the condemnee costs including reasonable attorney
fees and reasonable expert witness fees, subject to the
provisions of subsection (4) of RCW 8.25.070, if—
(1) there is a final adjudication that the condemnor
cannot acquire the air space corridor or other property rights
by condemnation; or
(2) the proceeding is abandoned by the condemnor.
[1971 ex.s. c 39 § 2.]
8.25.070 Award of attorney’s fees and witness fees
to condemnee—Conditions to award. (1) Except as
otherwise provided in subsection (3) of this section, if a trial
is held for the fixing of the amount of compensation to be
awarded to the owner or party having an interest in the
property being condemned, the court shall award the
condemnee reasonable attorney’s fees and reasonable expert
witness fees in the event of any of the following:
(a) If condemnor fails to make any written offer in
settlement to condemnee at least thirty days prior to commencement of said trial; or
(b) If the judgment awarded as a result of the trial
exceeds by ten percent or more the highest written offer in
settlement submitted to those condemnees appearing in the
action by condemnor in effect thirty days before the trial.
(2) The attorney general or other attorney representing
a condemnor in effecting a settlement of an eminent domain
proceeding may allow to the condemnee reasonable attorney
fees.
(3) Reasonable attorney fees and reasonable expert
witness fees authorized by this section shall be awarded only
if the condemnee stipulates, if requested to do so in writing
by the condemnor, to an order of immediate possession and
use of the property being condemned within thirty days after
receipt of the written request, or within fifteen days after the
entry of an order adjudicating public use whichever is later
and thereafter delivers possession of the property to the
8.25.075 Costs—Award to condemnee or plaintiff—
Conditions. (1) A superior court having jurisdiction of a
proceeding instituted by a condemnor to acquire real
property shall award the condemnee costs including reasonable attorney fees and reasonable expert witness fees if:
(a) There is a final adjudication that the condemnor
cannot acquire the real property by condemnation; or
(b) The proceeding is abandoned by the condemnor.
(2) In effecting a settlement of any claim or proceeding
in which a claimant seeks an award from an acquiring
agency for the payment of compensation for the taking or
damaging of real property for public use without just
compensation having first been made to the owner, the
attorney general or other attorney representing the acquiring
agency may include in the settlement amount, when appropriate, costs incurred by the claimant, including reasonable
attorneys’ fees and reasonable expert witness fees.
(3) A superior court rendering a judgment for the
plaintiff awarding compensation for the taking or damaging
of real property for public use without just compensation
having first been made to the owner shall award or allow to
such plaintiff costs including reasonable attorney fees and
reasonable expert witness fees, but only if the judgment
awarded to the plaintiff as a result of trial exceeds by ten
percent or more the highest written offer of settlement
submitted by the acquiring agency to the plaintiff at least
thirty days prior to trial.
(2002 Ed.)
[Title 8 RCW—page 25]
8.25.075
Title 8 RCW: Eminent Domain
(4) Reasonable attorney fees and expert witness fees as
authorized in this section shall be subject to the provisions
of subsection (4) of RCW 8.25.070 as now or hereafter
amended. [1977 ex.s. c 72 § 1; 1971 ex.s. c 240 § 21.]
Severability—1971 ex.s. c 240: See RCW 8.26.900.
8.25.120 Conclusions of appraisers—Order for
production and exchange between parties. After the
commencement of a condemnation action, upon motion of
either the condemnor or condemnee, the court may order,
upon such terms and conditions as are fair and equitable the
production and exchange of the written conclusions of all the
appraisers of the parties as to just compensation owed to the
condemnee, as prepared for the purpose of the condemnation
action, and the comparable sales, if any, used by such
appraisers. The court shall enter such order only after
assurance that there will be mutual, reciprocal and contemporaneous disclosures of similar information between the
parties. [1969 ex.s. c 236 § 8.]
8.25.200 Acquisition of property subject to unpaid
or delinquent local improvement assessments—Payment.
See RCW 79.44.190.
8.25.210 Special benefits to remaining property—
Purpose. It is the purpose of *this 1974 act to provide
procedures whereby more just and equitable results are
accomplished when real property has been condemned for a
highway, road, or street and an award made which is subject
to a setoff for benefits inuring to the condemnee’s remaining
land. [1974 ex.s. c 79 § 1.]
*Reviser’s note: "this 1974 act" consists of RCW 8.25.210, 8.25.220,
8.25.230, 8.25.240, 8.25.250, and 8.25.260.
8.25.220 Special benefits to remaining property—
Options—Election by owner—Consent to creation of lien.
Whenever land, real estate, premises or other property is to
be taken or damaged for a highway, road, or street and the
amount offered as just compensation includes a setoff in
recognition of special benefits accruing to a remainder
portion of the property the property owner shall elect one of
the following options:
(1) Trial on the question of just compensation which
shall finally determine the amount of just compensation; or
(2) Acceptance of the offered amount as a final determination of just compensation; or
(3) Demand the full amount of the fair market value of
any property taken plus the amount of damages if any
caused by such acquisition to a remainder of the property
without offsetting the amount of any special benefits
accruing to a remainder of the property as those several
amounts are agreed to by the parties; or
(4) Demand a trial before a jury unless jury be waived
to establish the fair market value of any property taken and
the amount of damages if any caused by such acquisition to
a remainder of the property without offsetting the amount of
any special benefits accruing to a remainder of the property.
The selection of the option set forth in subsections (3)
or (4) of this section is subject to the consent by the property
owner to the creation and recording of a lien against the
remainder in the amount of the fair market value of any
[Title 8 RCW—page 26]
property taken plus the amount of damages caused by such
acquisition to the remainder of the property without offsetting the amount of any special benefits accruing to a
remainder of the property, plus interest as it accrues. [1974
ex.s. c 79 § 2.]
8.25.230 Special benefits to remaining property—
Satisfaction or release of lien—Trial—Expiration of lien
by operation of law. A lien established as provided in
RCW 8.25.220 shall be satisfied or released by:
(1) Agreement between the parties to that effect; or
(2) Payment of the lien amount plus interest at the rate
of five percent per annum; or
(3) Payment of the amount of offsetting special benefits
as established pursuant to RCW 8.25.220(3) plus interest at
the rate of five percent per annum within four years of the
date of acquisition; or
(4) Satisfaction of a judgment lien entered as a result of
a trial before a jury unless jury be waived to establish the
change in value of the remainder of the original parcel
because of the construction of the project involved: PROVIDED, That if the result of the trial is to find no special
benefits then the lien is extinguished by operation of law.
Trial may be had on the petition of any party to the superior
court of the county wherein the subject remainder lies after
notice of intent to try the matter of special benefits has been
served on all persons having an interest in the subject
remainder. Such notice shall be filed with the clerk of the
superior court and personally served upon all persons having
an interest in the subject remainder. Filing a notice of intent
to try the matter of special benefits shall be accompanied by
a fee in the amount paid when filing a petition in condemnation.
(5) Upon expiration of six years time from the date of
acquisition without commencement of proceedings to
foreclose the lien or try the matter of special benefits to the
remainder of the property, the lien shall terminate by
operation of law. [1974 ex.s. c 79 § 3.]
8.25.240 Special benefits to remaining property—
Judgment—Maximum amounts—Offsets—Interest. A
judgment entered as a result of a trial on the matter of
special benefits shall not exceed the previously established
sum of (1) the fair market value of any property taken; (2)
the amount of damages if any to a remainder of the property,
without offsetting against either of them the amount of any
special benefits accruing to a remainder of the property; (3)
the interest at five percent per annum accrued thereon to the
date of entry of the judgment. [1974 ex.s. c 79 § 4.]
8.25.250 Special benefits to remaining property—
Attorney fees—Witness fees. Attorney fees and expert
witness fees of the condemnee may be allowed by the
attorney general or other attorney representing a condemnor
to the extent provided in RCW 8.25.070 and shall be
awarded by the court as authorized by this section to the
extent provided in RCW 8.25.070 for trial and trial preparation: (1) In the event a trial is held as authorized by RCW
8.25.220 except the judgment awarded to the condemnor
must exceed by ten percent or more the highest written offer
in settlement of the issue to be determined by trial submitted
(2002 Ed.)
Additional Provisions Applicable to Eminent Domain Proceedings
by the condemnor to those condemnees appearing in the
action at least thirty days prior to commencement of the
trial; (2) in the event of a trial on the matter of special
benefits as authorized by RCW 8.25.230(4) except the
judgment awarded to the condemnor must be no more than
ninety percent of the lowest written offer in settlement
submitted by the condemnor to the condemnees appearing in
the action at least thirty days prior to commencement of the
trial on the matter of special benefits. [1974 ex.s. c 79 § 5.]
8.25.260 Special benefits to remaining property—
Lien foreclosure proceedings—Stay. A condemnor may
foreclose the lien authorized by RCW 8.25.220 by bringing
an action and applying for summary judgment pursuant to
civil rule 56 and may execute first upon the remainder
property but such proceedings shall not be commenced
before five years time has passed from the date of acquisition by the condemnor. A property owner may stay proceedings to enforce the lien authorized by RCW 8.25.220 by
commencement of an action to try the matter of special
benefits. [1974 ex.s. c 79 § 6.]
8.25.270 Appointment of guardian ad litem for
minors, alleged incapacitated persons—Protection of
interests. When it appears in any petition or otherwise at
any time during the proceedings for condemnation brought
pursuant to chapters 8.04, 8.08, 8.12, 8.16, 8.20, and 8.24
RCW that any minor, or alleged incapacitated person is
interested in any property that is to be taken or damaged, the
court shall appoint a guardian ad litem for the minor or
alleged incapacitated person to appear and assist in the
person’s defense, unless a guardian or limited guardian has
previously been appointed, in which case the duty to appear
and assist shall be delegated to the properly qualified
guardian or limited guardian. The court shall make such
orders or decrees as it shall deem necessary to protect and
secure the interest of the minor or alleged incapacitated
person. [1996 c 249 § 6; 1977 ex.s. c 80 § 12.]
Intent—1996 c 249: See note following RCW 2.56.030.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
8.25.280 Valuation of public water systems.
Consistent with standard appraisal practices, the valuation of
a public water system as defined in RCW 70.119A.020 shall
reflect the cost of system improvements necessary to comply
with health and safety rules of the state board of health and
applicable regulations developed under chapter 43.20,
43.20A, or 70.116 RCW. [1990 c 133 § 9.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Chapter 8.26
RELOCATION ASSISTANCE—REAL PROPERTY
ACQUISITION POLICY
Sections
8.26.010
8.26.020
8.26.035
8.26.045
(2002 Ed.)
Purposes and scope.
Definitions.
Payment for moving and related expenses.
Payment for replacement housing for homeowners.
8.26.055
8.26.065
8.26.075
8.26.085
8.26.095
8.26.105
8.26.115
8.26.180
8.26.190
8.26.200
8.26.205
8.26.210
8.26.900
8.26.901
8.26.910
8.25.250
Payment for replacement housing for tenants and others.
Relocation assistance advisory services.
Assurance of availability of housing—Exceptions.
Lead agency’s rule-making authority—Compliance date.
Contracts for services—Use of services of other agencies.
Use of funds.
Relocation assistance payments not income or resources.
Acquisition procedures.
Acquisition of buildings, structures, and improvements.
Expenses incidental to transfer of right, title, or interest to
the acquiring agency.
Effect on certain property acquisitions.
Award of costs, attorney’s fees, witness fees—Conditions.
Severability—1971 ex.s. c 240.
Severability—Conflict with federal requirements—1988 c
90.
Effective date—1971 ex.s. c 240.
8.26.010 Purposes and scope. (1) The purposes of
this chapter are:
(a) To establish a uniform policy for the fair and
equitable treatment of persons displaced as a direct result of
public works programs of the state and local governments in
order that such persons shall not suffer disproportionate
injuries as a result of programs designed for the benefit of
the public as a whole and to minimize the hardship of
displacement on such persons;
(b) To encourage and expedite the acquisition of real
property for public works programs by agreements with
owners, to reduce litigation and relieve congestion in the
courts, to assure consistent treatment for owners affected by
state and local programs, and to promote public confidence
in state and local land acquisition practices.
(2) Notwithstanding the provisions and limitations of
this chapter requiring a local public agency to comply with
the provisions of this chapter, the governing body of any
local public agency may elect not to comply with the
provisions of RCW 8.26.035 through 8.26.115 in connection
with a program or project not receiving federal financial
assistance. Any person who has the authority to acquire
property by eminent domain under state law may elect not
to comply with RCW 8.26.180 through 8.26.200 in connection with a program or project not receiving federal financial
assistance.
(3) Any determination by the head of a state agency or
local public agency administering a program or project as to
payments under this chapter is subject to review pursuant to
chapter 34.05 RCW; otherwise, no provision of this chapter
may be construed to give any person a cause of action in
any court.
(4) Nothing in this chapter may be construed as creating
in any condemnation proceedings brought under the power
of eminent domain, any element of value or of damage not
in existence immediately before March 16, 1988. [1988 c 90
§ 1; 1971 ex.s. c 240 § 1.]
Section captions—1988 c 90: "Section captions and part divisions
in this act do not constitute any part of the law." [1988 c 90 § 19.]
8.26.020 Definitions. As used in this chapter:
(1) The term "state" means any department, commission,
agency, or instrumentality of the state of Washington.
(2) The term "local public agency" applies to any
county, city or town, or other municipal corporation or
political subdivision of the state and any person who has the
[Title 8 RCW—page 27]
8.26.020
Title 8 RCW: Eminent Domain
authority to acquire property by eminent domain under state
law, or any instrumentality of any of the foregoing.
(3) The term "person" means any individual, partnership, corporation, or association.
(4)(a) The term "displaced person" means, except as
provided in (b) of this subsection, any person who moves
from real property, or moves his personal property from real
property
(i) as a direct result of a written notice of intent to acquire, or the acquisition of, such real property in whole or in
part for a program or project undertaken by a displacing
agency; or
(ii) on which the person is a residential tenant or
conducts a small business, a farm operation, or a business
defined in this section, as a direct result of rehabilitation,
demolition, or such other displacing activity as the lead
agency may prescribe, under a program or project undertaken by a displacing agency in any case in which the displacing agency determines that the displacement is permanent.
Solely for the purposes of RCW 8.26.035 (1) and (2)
and 8.26.065, the term "displaced person" includes any
person who moves from real property, or moves his personal
property from real property
(i) as a direct result of a written notice of intent to acquire, or the acquisition of, other real property in whole or
in part on which the person conducts a business or farm
operation, for a program or project undertaken by a displacing agency; or
(ii) as a direct result of rehabilitation, demolition, or
such other displacing activity as the lead agency may
prescribe, of other real property on which the person
conducts a business or a farm operation, under a program or
project undertaken by a displacing agency where the displacing agency determines that the displacement is permanent.
(b) The term "displaced person" does not include:
(i) A person who has been determined, according to
criteria established by the lead agency, to be either unlawfully occupying the displacement dwelling or to have occupied
the dwelling for the purpose of obtaining assistance under
this chapter; or
(ii) In any case in which the displacing agency acquires
property for a program or project, any person (other than a
person who was an occupant of the property at the time it
was acquired) who occupies the property on a rental basis
for a short term or a period subject to termination when the
property is needed for the program or project.
(5) The term "business" means any lawful activity,
excepting a farm operation, conducted primarily:
(a) For the purchase, sale, lease, and rental of personal
and real property, and for the manufacture, processing, or
marketing of products, commodities, or other personal
property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of RCW 8.26.035, for
assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal
property, or services by the erection and maintenance of an
outdoor advertising display or displays, whether or not such
display or displays are located on the premises on which any
of the above activities are conducted.
[Title 8 RCW—page 28]
(6) The term "farm operation" means any activity
conducted solely or primarily for the production of one or
more agricultural products or commodities, including timber,
for sale or for home use, and customarily producing such
products or commodities in sufficient quantity to be capable
of contributing materially to the operator’s support.
(7) The term "comparable replacement dwelling" means
any dwelling that is (a) decent, safe, and sanitary; (b)
adequate in size to accommodate the occupants; (c) within
the financial means of the displaced person; (d) functionally
equivalent; (e) in an area not subject to unreasonably adverse
environmental conditions; and (f) in a location generally not
less desirable than the location of the displaced person’s
dwelling with respect to public utilities, facilities, services,
and the displaced person’s place of employment.
(8) For purposes of RCW 8.26.180 through 8.26.200,
the term "acquiring agency" means:
(a) A state agency or local public agency that has the
authority to acquire property by eminent domain under state
law; or
(b) Any state agency, local public agency, or person that
(i) does not have the authority to acquire property by
eminent domain under state law and (ii) has been designated
an "acquiring agency" under rules adopted by the lead
agency. However, the lead agency may only designate a
state agency, local public agency, or a person as an "acquiring agency" to the extent that it is necessary in order to
qualify for federal financial assistance.
(9) The term "displacing agency" means the state
agency, local public agency, or any person carrying out a
program or project, with federal or state financial assistance,
that causes a person to be a displaced person.
(10) The term "federal financial assistance" means a
grant, loan, or contribution provided by the United States,
except any federal guarantee or insurance and any interest
reduction payment to an individual in connection with the
purchase and occupancy of a residence by that individual.
(11) The term "mortgage" means such classes of liens
as are commonly given to secure advances on, or the unpaid
purchase price of, real property, under the laws of this state,
together with the credit instruments, if any, secured thereby.
(12) The term "lead agency" means the Washington
state department of transportation.
(13) The term "appraisal" means a written statement
independently and impartially prepared by a qualified
appraiser setting forth an opinion of defined value of an
adequately described property as of a specific date, supported by the presentation and analysis of relevant market
information. [1988 c 90 § 2; 1972 ex.s. c 34 § 1; 1971 ex.s.
c 240 § 2.]
Section captions—1988 c 90: See note following RCW 8.26.010.
Application—1972 ex.s. c 34: "Sec. 2. The amendatory language
contained in section 1 of this 1972 amendatory act shall apply only to
persons displaced after the effective date of this 1972 amendatory act
[February 20, 1972]." [1972 ex.s. c 34 § 2.]
8.26.035 Payment for moving and related expenses.
(1) Whenever a program or project to be undertaken by a
displacing agency will result in the displacement of any
person, the displacing agency shall provide for the payment
to the displaced person of:
(2002 Ed.)
Relocation Assistance—Real Property Acquisition Policy
(a) Actual reasonable expenses in moving himself, his
family, business, farm operation, or other personal property;
(b) Actual direct losses of tangible personal property as
a result of moving or discontinuing a business or farm
operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the
property, in accordance with criteria established by the lead
agency;
(c) Actual reasonable expenses in searching for a
replacement business or farm; and
(d) Actual reasonable expenses necessary to reestablish
a displaced farm, nonprofit organization, or small business
at its new site, in accordance with criteria established by the
lead agency, but not to exceed ten thousand dollars.
(2) A displaced person eligible for payments under
subsection (1) of this section who is displaced from a
dwelling and who elects to accept the payments authorized
by this subsection in lieu of the payments authorized by subsection (1) of this section may receive an expense and
dislocation allowance determined according to a schedule
established by the lead agency.
(3) A displaced person eligible for payments under
subsection (1) of this section who is displaced from the
person’s place of business or farm operation and who is
eligible under criteria established by the lead agency may
elect to accept the payment authorized by this subsection in
lieu of the payment authorized by subsection (1) of this
section. The payment shall consist of a fixed payment in an
amount to be determined according to criteria established by
the lead agency, except that the payment shall be not less
than one thousand dollars nor more than twenty thousand
dollars. A person whose sole business at the displacement
dwelling is the rental of that property to others does not
qualify for a payment under this subsection. [1988 c 90 §
3.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.045 Payment for replacement housing for
homeowners. (1) In addition to payments otherwise
authorized by this chapter, the displacing agency shall make
an additional payment, not in excess of twenty-two thousand
five hundred dollars, to any displaced person who is displaced from a dwelling actually owned and occupied by the
displaced person for not less than one hundred and eighty
days immediately before the initiation of negotiations for the
acquisition of the property. The additional payment shall
include the following elements:
(a) The amount, if any, that when added to the acquisition cost of the dwelling acquired by the displacing agency,
equals the reasonable and necessary cost of a comparable
replacement dwelling;
(b) The amount, if any, that will compensate the
displaced person for any increased mortgage interest costs
and other debt service costs that the person is required to
pay for financing the acquisition of any such comparable
replacement dwelling. This amount shall be paid only if the
dwelling acquired by the displacing agency was encumbered
by a bona fide mortgage that was a valid lien on the dwelling for not less than one hundred and eighty days immediately before the initiation of negotiations for the acquisition
of the dwelling;
(2002 Ed.)
8.26.035
(c) Reasonable expenses incurred by the displaced
person for evidence of title, recording fees, and other closing
costs incident to the purchase of the replacement dwelling,
but not including prepaid expenses.
(2) The additional payment authorized by this section
shall be made only to a displaced person who purchases and
occupies a decent, safe, and sanitary replacement dwelling
within one year after the date on which the person receives
final payment from the displacing agency for the acquired
dwelling or the date on which the obligation of the displacing agency under RCW 8.26.075 is met, whichever date is
later, except that the displacing agency may extend the
period for good cause. If the period is extended, the
payment under this section shall be based on the costs of
relocating the person to a comparable replacement dwelling
within one year of that date. [1988 c 90 § 4.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.055 Payment for replacement housing for
tenants and others. (1) In addition to amounts otherwise
authorized by this chapter, a displacing agency shall make a
payment to or for a displaced person displaced from a
dwelling not eligible to receive a payment under RCW
8.26.045 if the dwelling was actually and lawfully occupied
by the displaced person for not less than ninety days
immediately before (a) the initiation of negotiations for
acquisition of the dwelling, or (b) in any case in which
displacement is not a direct result of acquisition, such other
event as the lead agency prescribes. The payment shall
consist of the amount necessary to enable the person to lease
or rent for a period not to exceed forty-two months, a
comparable replacement dwelling, but not to exceed five
thousand two hundred fifty dollars. At the discretion of the
displacing agency, a payment under this subsection may be
made in periodic installments. Computation of a payment
under this subsection to a low-income displaced person for
a comparable replacement dwelling shall take into account
the person’s income.
(2) A person eligible for a payment under subsection (1)
of this section may elect to apply the payment to a down
payment on, and other incidental expenses pursuant to, the
purchase of a decent, safe, and sanitary replacement dwelling. The person may, at the discretion of the displacing
agency, be eligible under this subsection for the maximum
payment allowed under subsection (1) of this section, except
that, in the case of a displaced homeowner who has owned
and occupied the displacement dwelling for at least ninety
days but not more than one hundred eighty days immediately
before the initiation of negotiations for the acquisition of the
dwelling, the payment shall not exceed the payment the
person would otherwise have received under RCW
8.26.045(1) had the person owned and occupied the displacement dwelling one hundred eighty days immediately before
the initiation of the negotiations. [1988 c 90 § 5.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.065 Relocation assistance advisory services. (1)
Programs or projects undertaken by a displacing agency shall
be planned in a manner that (a) recognizes, at an early stage
in the planning of the programs or projects and before the
commencement of any actions that will cause displacements,
[Title 8 RCW—page 29]
8.26.065
Title 8 RCW: Eminent Domain
the problems associated with the displacement of individuals,
families, businesses, and farm operations, and (b) provides
for the resolution of the problems in order to minimize
adverse impacts on displaced persons and to expedite
program or project advancement and completion.
(2) Displacing agencies shall ensure that the relocation
assistance advisory services described in subsection (3) of
this section are made available to all persons displaced by
the agency. If the agency determines that any person
occupying property immediately adjacent to the property
where the displacing activity occurs is caused substantial
economic injury as a result thereof, the agency may make
available to the person the advisory services.
(3) Each relocation assistance advisory program required
by subsection (2) of this section shall include such measures,
facilities, or services as may be necessary or appropriate in
order to:
(a) Determine, and make timely recommendations on,
the needs and preferences, if any, of displaced persons for
relocation assistance;
(b) Provide current and continuing information on the
availability, sales prices, and rental charges of comparable
replacement dwellings for displaced homeowners and tenants
and suitable locations for businesses and farm operations;
(c) Assist a person displaced from a business or farm
operation in obtaining and becoming established in a suitable
replacement location;
(d) Supply (i) information concerning federal, state, and
local programs that may be of assistance to displaced
persons, and (ii) technical assistance to the persons in
applying for assistance under those programs;
(e) Provide other advisory services to displaced persons
in order to minimize hardships to them in adjusting to
relocation; and
(f) Coordinate relocation activities performed by the
agency with other federal, state, or local governmental
actions in the community that could affect the efficient and
effective delivery of relocation assistance and related
services.
(4) Notwithstanding RCW 8.26.020(4)(b), in any case in
which a displacing agency acquires property for a program
or project, a person who occupies the property on a rental
basis for a short term or a period subject to termination
when the property is needed for the program or project is
eligible for advisory services to the extent determined by the
displacing agency. [1988 c 90 § 6.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.075 Assurance of availability of housing—
Exceptions. (1) If a program or project undertaken by a
displacing agency cannot proceed on a timely basis because
comparable replacement dwellings are not available, and the
head of the displacing agency determines that the dwellings
cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide the dwellings by use of funds authorized for
the project. The displacing agency may use this section to
exceed the maximum amounts that may be paid under RCW
8.26.045 and 8.26.055 on a case-by-case basis for good
cause as determined in accordance with rules adopted by the
lead agency.
[Title 8 RCW—page 30]
(2) No person may be required to move from a dwelling
on account of any program or project undertaken by a
displacing agency unless the displacing agency is satisfied
that comparable replacement housing is available to the
person.
(3) The displacing agency shall assure that a person
shall not be required to move from a dwelling unless the
person has had a reasonable opportunity to relocate to a
comparable replacement dwelling, except in the case of the
following:
(a) A major disaster as defined in section 102(2) of the
Federal Disaster Relief Act of 1974;
(b) A national emergency declared by the president; or
(c) Any other emergency that requires the person to
move immediately from the dwelling because continued
occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person. [1988
c 90 § 7.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.085 Lead agency’s rule-making authority—
Compliance date. (1) The lead agency, after full consultation with the department of general administration, shall
adopt rules and establish such procedures as the lead agency
may determine to be necessary to assure:
(a) That the payments and assistance authorized by this
chapter are administered in a manner that is fair and reasonable and as uniform as practicable;
(b) That a displaced person who makes proper application for a payment authorized for that person by this chapter
is paid promptly after a move or, in hardship cases, is paid
in advance; and
(c) That a displaced person who is aggrieved by a
program or project that is under the authority of a state
agency or local public agency may have his application
reviewed by the state agency or local public agency.
(2) The lead agency, after full consultation with the
department of general administration, may adopt such other
rules and procedures, consistent with the provisions of this
chapter, as the lead agency deems necessary or appropriate
to carry out this chapter.
(3) State agencies and local public agencies shall
comply with the rules adopted pursuant to this section by
April 2, 1989. [1988 c 90 § 8.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.095 Contracts for services—Use of services of
other agencies. In order to prevent unnecessary expenses
and duplication of functions, and to promote uniform and
effective administration of relocation assistance programs for
displaced persons, a state agency or local public agency may
enter into contracts with any individual, firm, association, or
corporation for services in connection with this chapter or
may carry out its functions under this chapter through any
federal or state agency or local public agency having an
established organization for conducting relocation assistance
programs. The state agency or local public agency shall, in
carrying out relocation activities described in RCW 8.26.075,
whenever practicable, use the services of state or local
housing agencies, or other agencies having experience in the
(2002 Ed.)
Relocation Assistance—Real Property Acquisition Policy
administration or conduct of similar housing assistance
activities. [1988 c 90 § 9.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.105 Use of funds. (1) Funds appropriated or
otherwise available to a state agency or local public agency
for the acquisition of real property or an interest therein for
a particular program or project shall also be available to
carry out the provisions of this chapter as applied to that
program or project.
(2) No payment or assistance under this chapter may be
required to be made to any person or included as a program
or project cost under this section, if the person receives a
payment required by federal, state, or local law that is
determined by the head of the displacing agency to have
substantially the same purpose and effect as that payment
under this chapter. [1988 c 90 § 10.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.115 Relocation assistance payments not income
or resources. No payment received by a displaced person
under RCW 8.26.035 through 8.26.105 may be considered as
income for the purpose of determining the eligibility or
extent of eligibility of any person for assistance under any
state law or for the purposes of any income tax or any tax
imposed under Title 82 RCW, and the payments shall not be
deducted from any amount to which any recipient would
otherwise be entitled under Title 74 RCW. [1988 c 90 §
11.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.180 Acquisition procedures. Every acquiring
agency shall, to the greatest extent practicable, be guided by
the following policies:
(1) Every reasonable effort shall be made to acquire
expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation
of negotiations, and the owner or his designated representative shall be given an opportunity to accompany at least one
appraiser of the acquiring agency during his inspection of the
property, except that the lead agency may prescribe a
procedure to waive the appraisal in cases involving the
acquisition of property with a low fair market value.
(3) Before the initiation of negotiations for real property,
the acquiring agency shall establish an amount which it
believes to be just compensation therefor, and shall make a
prompt offer to acquire the property for the full amount so
established. In no event shall such amount be less than the
agency’s approved appraisal of the fair market value of such
property. Any decrease or increase in the fair market value
of the real property to be acquired prior to the date of
valuation caused by the public improvement for which such
property is acquired, or by the likelihood that the property
would be acquired for such improvement, other than that due
to physical deterioration within the reasonable control of the
owner, will be disregarded in determining the compensation
for the property. The acquiring agency shall provide the
owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it
established as just compensation. Where appropriate the just
compensation for the real property acquired, for damages to
(2002 Ed.)
8.26.095
remaining real property, and for benefits to remaining real
property shall be separately stated.
(4) No owner shall be required to surrender possession
of real property before the agreed purchase price is paid or
deposited with a court having jurisdiction of condemnation
of such property, in accordance with applicable law, for the
benefit of the owner an amount not less than the acquiring
agency’s approved appraisal of the fair market value of such
property, or the amount of the award of compensation in the
condemnation proceeding of such property.
(5) The construction or development of a public
improvement shall be so scheduled that, to the greatest
extent practicable, no person lawfully occupying real
property shall be required to move from a dwelling or to
move his business or farm operation without at least ninety
days written notice of the date by which such move is
required.
(6) If an owner or tenant is permitted to occupy the real
property acquired on a rental basis for a short term or for a
period subject to termination on short notice, the amount of
rent required shall not exceed the fair rental value of the
property to a short-term occupier.
(7) In no event shall the time of condemnation be
advanced, on negotiations or condemnation and the deposit
of funds in court for the use of the owner be deferred, or
any other coercive action be taken to compel an agreement
on the price to be paid for the property.
(8) If an interest in real property is to be acquired by
exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency
shall not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of
his real property.
(9) If the acquisition of only a portion of a property
would leave the owner with an uneconomic remnant, the
head of the agency concerned shall offer to acquire that
remnant. For the purposes of this chapter, an uneconomic
remnant is a parcel of real property in which the owner is
left with an interest after the partial acquisition of the
owner’s property and that the head of the agency concerned
has determined has little or no value or utility.
(10) A person whose real property is being acquired in
accordance with this chapter may, after the person has been
fully informed of his right to receive just compensation for
the property, donate the property, any part thereof, any
interest therein, or any compensation paid for it to any
agency as the person may determine. [1988 c 90 § 12; 1971
ex.s. c 240 § 18.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.190 Acquisition of buildings, structures, and
improvements. (1) Where any interest in real property is
acquired, the acquiring agency shall acquire an equal interest
in all buildings, structures, or other improvements located
upon the real property so acquired and which is required to
be removed from such real property or which is determined
to be adversely affected by the use to which such real
property will be put.
(2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired under subsection (1) of this
[Title 8 RCW—page 31]
8.26.190
Title 8 RCW: Eminent Domain
section, such building, structure, or other improvement shall
be deemed to be a part of the real property to be acquired
notwithstanding the right or obligation of a tenant of the
lands, as against the owner of any other interest in the real
property, to remove such building, structure, or improvement
at the expiration of his term, and the fair market value which
such building, structure, or improvement contributes to the
fair market value of the real property to be acquired, or the
fair market value of such building, structure, or improvement
for removal from the real property, whichever is the greater,
shall be paid to the owner of such building, structure, or
improvement.
(3) Payment for such building, structure, or improvement under subsection (1) of this section shall not result in
duplication of any payments otherwise authorized by state
law. No such payment shall be made unless the owner of
the land involved disclaims all interest in the improvements
of the tenant. In consideration for any such payment, the
tenant shall assign, transfer, and release all his right, title,
and interest in and to such improvements. Nothing with
regard to the above-mentioned acquisition of buildings, structures, or other improvements shall be construed to deprive
the tenant of any rights to reject payment and to obtain
payment for such property interests in accordance with other
laws of this state. [1988 c 90 § 13; 1971 ex.s. c 240 § 19.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.200 Expenses incidental to transfer of right,
title, or interest to the acquiring agency. As soon as
practicable after the date of payment of the purchase price or
the date of deposit in court of funds to satisfy the award of
compensation in a condemnation proceeding to acquire real
property, whichever is the earlier, the acquiring agency shall
reimburse the owner, to the extent the acquiring agency
deems fair and reasonable, for expenses the owner necessarily incurred for:
(1) Recording fees, transfer taxes, and similar expenses
incidental to conveying such real property to the acquiring
agency;
(2) Penalty costs for full or partial prepayment of any
preexisting recorded mortgage entered into in good faith
encumbering such real property; and
(3) The pro rata portion of real property taxes paid
which are allocable to a period subsequent to the date of
vesting title in the acquiring agency, or the effective date of
possession of such real property by the acquiring agency,
whichever is the earlier. [1988 c 90 § 14; 1971 ex.s. c 240
§ 20.]
8.26.900 Severability—1971 ex.s. c 240. If any
provision of this 1971 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 240 § 23.]
8.26.901 Severability—Conflict with federal requirements—1988 c 90. (1) If any provision of this act or
its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision
to other persons or circumstances is not affected.
(2) If any part of this chapter is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting
part of this chapter is declared to be inoperative solely to the
extent of the conflict and with respect to the agencies
directly affected, and that finding or determination shall not
affect the operation of the remainder of this chapter in its
application to the agencies concerned. The rules under this
chapter shall meet federal requirements that are a necessary
condition to the receipt of federal funds by the state. [1988
c 90 § 16.]
8.26.910 Effective date—1971 ex.s. c 240. This act
is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1971. [1971 ex.s. c 240 § 24.]
Chapter 8.28
MISCELLANEOUS PROVISIONS
Sections
8.28.010
Where state land is involved—Service of process—Filing of
decree—Duty of land commissioner.
8.28.030
Notice where military land is involved.
8.28.040
Interest on verdict fixed—Suspension during pendency of
appeal.
8.28.050
City in adjoining state may condemn watershed property.
8.28.070
Acquisition of property subject to unpaid or delinquent local
improvement assessments—Payment.
Opening of roads, railroads through cemetery—Consent required: RCW
68.24.180.
Petroleum leases—Rights-of-way over public lands: RCW 79.14.140.
Public lands: Chapter 79.01 RCW.
Water rights
artesian wells, rights-of-way to: RCW 90.36.010.
generally: RCW 90.03.040.
of the United States: RCW 90.40.010.
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.205 Effect on certain property acquisitions.
The provisions of RCW 8.26.180, 8.26.190, and 8.26.200
create no rights or liabilities and do not affect the validity of
any property acquisitions by purchase or condemnation.
[1988 c 90 § 15.]
Section captions—1988 c 90: See note following RCW 8.26.010.
8.26.210 Award of costs, attorney’s fees, witness
fees—Conditions. See RCW 8.25.070, 8.25.075.
[Title 8 RCW—page 32]
8.28.010 Where state land is involved—Service of
process—Filing of decree—Duty of land commissioner.
In all condemnation proceedings brought for the purpose of
appropriating any public land owned by the state or in which
the state has an interest, service of process shall be made
upon the commissioner of public lands.
When in any condemnation proceeding a decree is
entered appropriating public lands owned by the state or in
which the state has an interest, or any interest in or rights
over such lands, it shall be the duty of the plaintiff to cause
to be filed in the office of the commissioner of public lands
a certified copy of such decree, together with a plat of the
(2002 Ed.)
Miscellaneous Provisions
lands appropriated and the lands contiguous thereto, in form
and substance as prescribed and required by the commissioner of public lands, showing in detail the lands appropriated,
and to pay to the commissioner of public lands, or into the
registry of the court, the amount of compensation and
damages fixed and awarded in the decree. Upon receipt of
such decree, plat, compensation and damages, the commissioner of public lands shall examine the same, and if he shall
find that the final decree and proceedings comply with the
original petition and notice and any amendment duly
authorized, and that no additional interest of the state has
been taken or appropriated through error or mistake, he shall
cause notations thereof to be made upon the abstracts,
records and tract books in his office, and shall issue to the
plaintiff his certificate, reciting compliance, in substance,
with the above requirements, particularly describing the lands
appropriated, and shall forthwith transmit the amount
received as compensation and damages to the state treasurer,
as in the case of sale of land, and the subdivision of land
through which any right of way is appropriated shall thereafter be sold or leased subject to the right of way. [1927 c
255 § 104; RRS § 7797-104. Formerly RCW 8.28.010 and
8.28.020.]
8.28.010
purchase or condemnation, which lies within any watershed
from which said municipal corporation obtains or desires to
obtain its water supply. [1909 c 16 § 1; RRS § 9280.]
8.28.070 Acquisition of property subject to unpaid
or delinquent local improvement assessments—Payment.
See RCW 79.44.190.
8.28.030 Notice where military land is involved.
Whenever any land, real estate, premises or other property
owned by the state of Washington and used for military
purposes shall be involved in or affected by any eminent
domain, condemnation, local improvement or other special
assessment proceeding whatsoever, in addition to the notices
elsewhere provided by law, the officer or board required by
law to give notice of such proceedings shall cause to be
served upon the adjutant general at least twenty days in
advance of any hearing therein, a written notice, setting forth
the nature of the proceedings, the description of such state
property sought to be involved therein or affected thereby
and the amount of the proposed assessment therein. [1917
c 107 § 125; RRS § 8600.]
Condemnation for military purposes: RCW 8.04.170, 8.04.180.
8.28.040 Interest on verdict fixed—Suspension
during pendency of appeal. Whenever in any eminent
domain proceeding, heretofore or hereafter instituted for the
taking or damaging of private property, a verdict shall have
been returned by the jury, or by the court if the case be tried
without a jury, fixing the amount to be paid as compensation
for the property so to be taken or damaged, such verdict
shall bear interest at the maximum rate of interest permitted
at that time under RCW 19.52.020 from the date of its entry
to the date of payment thereof: PROVIDED, That the
running of such interest shall be suspended, and such interest
shall not accrue, for any period of time during which the
entry of final judgment in such proceeding shall have been
delayed solely by the pendency of an appeal taken in such
proceeding. [1984 c 129 § 2; 1943 c 28 § 1; Rem. Supp.
1943 § 936-4.]
8.28.050 City in adjoining state may condemn
watershed property. That any municipal corporation of any
state adjoining the state of Washington may acquire title to
any land or water right within the state of Washington, by
(2002 Ed.)
[Title 8 RCW—page 33]
Title 9
CRIMES AND PUNISHMENTS
Chapters
9.01
9.02
9.03
9.04
9.05
9.08
9.12
9.16
9.18
9.24
9.26A
9.27
9.31
9.35
9.38
9.40
9.41
9.44
9.45
9.46
9.47
9.47A
9.51
9.54
9.55
9.58
9.61
9.62
9.66
9.68
9.68A
9.69
9.72
9.73
9.81
9.82
9.86
9.91
9.92
9.94
9.94A
9.95
9.96
9.96A
9.98
9.100
General provisions.
Abortion.
Abandoned refrigeration equipment.
Advertising, crimes relating to.
Sabotage.
Animals, crimes relating to.
Barratry.
Brands and marks, crimes relating to.
Bidding offenses.
Corporations, crimes relating to.
Telecommunications crime.
Interference with court.
Escaped prisoner recaptured.
Identity crimes.
False representations.
Fire, crimes relating to.
Firearms and dangerous weapons.
Petition misconduct.
Frauds and swindles.
Gambling—1973 act.
Gambling.
Inhaling toxic fumes.
Juries, crimes relating to.
Stolen property restoration.
Legislature, crimes relating to.
Libel and slander.
Malicious mischief—Injury to property.
Malicious prosecution—Abuse of process.
Nuisance.
Obscenity and pornography.
Sexual exploitation of children.
Duty of witnesses.
Perjury.
Privacy, violating right of.
Subversive activities.
Treason.
Flags, crimes relating to.
Miscellaneous crimes.
Punishment.
Prisoners—Correctional institutions.
Sentencing reform act of 1981.
Indeterminate sentences.
Restoration of civil rights.
Restoration of employment rights.
Prisoners—Untried indictments,
informations, complaints.
Agreement on detainers.
Civil disorder, proclamation of state of emergency, governor’s powers,
penalties: RCW 43.06.200 through 43.06.270.
Criminal justice training commission—Education and training boards:
Chapter 43.101 RCW.
Explosives: Chapter 70.74 RCW.
(2002 Ed.)
Health care false claim act: Chapter 48.80 RCW.
Limitation of actions: RCW 9A.04.080.
Miscellaneous crimes, see list after chapter 9.91 RCW digest.
Threats against governor or family: RCW 9A.36.090.
Victims of crimes, compensation: Chapter 7.68 RCW.
Washington Criminal Code: Title 9A RCW.
Chapter 9.01
GENERAL PROVISIONS
Sections
9.01.055
Citizen immunity if aiding officer, scope—When.
9.01.110
Omission, when not punishable.
9.01.120
Civil remedies preserved.
9.01.130
Sending letter, when complete.
9.01.160
Application to existing civil rights.
Conviction of lesser crime: RCW 10.61.010.
Employment of prisoners by county sheriff: RCW 36.28.100.
Forfeiture or impeachment rights preserved: RCW 42.04.040.
Former acquittal or conviction: Chapter 10.43 RCW.
Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.
Intent to defraud, proof: RCW 10.58.040.
Juvenile offenders, commitment: Chapters 13.04, 13.34 RCW.
Neglect of duty by public officer: RCW 42.20.100.
Presumption of innocence: RCW 10.58.020.
Prosecuting attorneys, duties in general: Chapter 36.27 RCW.
Self-incrimination: RCW 10.52.090.
9.01.055 Citizen immunity if aiding officer, scope—
When. Private citizens aiding a police officer, or other
officers of the law in the performance of their duties as
police officers or officers of the law, shall have the same
civil and criminal immunity as such officer, as a result of
any act or commission for aiding or attempting to aid a
police officer or other officer of the law, when such officer
is in imminent danger of loss of life or grave bodily injury
or when such officer requests such assistance and when such
action was taken under emergency conditions and in good
faith. [1969 c 37 § 1.]
Persons rendering emergency care or transportation—Immunity from
liability: RCW 4.24.300.
9.01.110 Omission, when not punishable. No person
shall be punished for an omission to perform an act when
such act has been performed by another acting in his behalf,
and competent to perform it. [1909 c 249 § 23; RRS §
2275.]
9.01.120 Civil remedies preserved. The omission to
specify or affirm in this act any liability to any damages,
penalty, forfeiture or other remedy, imposed by law, and
allowed to be recovered or enforced in any civil action or
[Title 9 RCW—page 1]
9.01.120
Title 9 RCW: Crimes and Punishments
proceeding, for any act or omission declared punishable
herein, shall not affect any right to recover or enforce the
same. [1909 c 249 § 44; RRS § 2296.]
Effect—1909 c 249: "The repeal or abrogation by this act of any
existing law shall not revive any former law heretofore repealed, nor affect
any right already existing or accrued or any action or proceeding already
taken, except as in this act provided; nor does it repeal any private statute
or statute affecting civil rights or liabilities not expressly repealed." [1909
c 249 § 50.] "this act" (chapter 249, Laws of 1909) has been codified as
follows: RCW 9.01.010-9.01.050, 9.01.060, 9.01.070, 9.01.090-9.01.114,
9.01.120, 9.01.130, 9.01.150-9.01.190, 9.02.010-9.02.050, 9.04.020,
9.04.030, 9.05.010-9.05.050, 9.05.150, 9.05.160, 9.08.010-9.08.040,
9.09.010-9.09.060, 9.11.010-9.11.050, 9.12.010-9.12.020, 9.15.010,
9.15.020, 9.16.010-9.16.070, 9.16.100-9.16.150, 9.18.010-9.18.110,
9.19.010-9.19.050, 9.22.010-9.22.030, 9.23.010, 9.24.010-9.24.050,
9.26.010, 9.26.020, 9.27.010-9.27.100, 9.30.010-9.30.050, 9.31.0109.31.090, 9.33.010-9.33.060, 9.34.010, 9.34.020, 9.37.010-9.37.040,
9.38.010-9.38.030, 9.38.050, 9.40.010-9.40.040, 9.41.180, 9.41.2309.41.260, 9.44.010-9.44.080, 9.45.010-9.45.060, 9.45.070-9.45.120,
9.45.150-9.45.170, 9.47.080-9.47.100, 9.47.120, 9.47.130, 9.48.0109.48.170, 9.51.010-9.51.060, 9.52.030, 9.52.040, 9.54.010, 9.54.0609.54.110, 9.54.120, 9.54.130, 9.55.010, 9.55.020, 9.58.010-9.58.090,
9.58.110, 9.58.120, 9.59.010-9.59.050, 9.61.010-9.61.070, 9.62.010,
9.62.020, 9.65.010-9.65.030, 9.66.010-9.66.050, 9.68.010, 9.68.020,
9.68.030, 9.69.010-9.69.090, 9.72.010-9.72.110, 9.73.010, 9.73.020,
9.75.010, 9.75.020, 9.76.020-9.76.050, 9.79.010-9.79.120, 9.80.0109.80.050, 9.82.010-9.82.030, 9.83.010, 9.83.060, 9.86.020, 9.86.030,
9.87.010, 9.91.010, 9.91.070-9.91.090, 9.92.010-9.92.060, 9.92.0809.92.120, 10.01.060, 10.01.110, 10.19.010, 10.37.020, 10.43.010, 10.43.03010.43.050, 10.46.010, 10.46.050, 10.46.090, 10.52.030, 10.52.060,
10.52.090, 10.58.020, 10.58.040, 10.61.010, 19.60.010-19.60.060,
22.32.010-22.32.050, 26.04.240, 26.28.060, 26.28.070, 36.28.100,
40.16.010-40.16.030, 42.04.040, 42.20.010-42.20.100, 49.44.020-49.44.080,
59.12.230, 66.44.230-66.44.250, 68.08.100, 68.08.110, 68.08.140, 68.24.190,
69.40.030-69.40.050, 70.54.010, 70.54.020, 70.54.050, 70.54.070, 70.54.080,
70.74.270-70.74.300, 71.08.010, 71.08.020, 76.04.220, 81.40.100, 81.48.010,
81.48.020, 81.48.060, 81.56.150, 81.56.160, 81.60.070, 88.08.020,
88.08.030, 88.08.050, 88.08.060.
9.01.130 Sending letter, when complete. Whenever
any statute makes the sending of a letter criminal, the
offense shall be deemed complete from the time it is
deposited in any post office or other place, or delivered to
any person, with intent that it shall be forwarded; and the
sender may be proceeded against in the county wherein it
was so deposited or delivered, or in which it was received
by the person to whom it was addressed. [1909 c 249 § 22;
RRS § 2274.]
9.01.160 Application to existing civil rights. Nothing
in this act shall be deemed to affect any civil right or
remedy existing at the time when it shall take effect, by
virtue of the common law or of the provision of any statute.
[1909 c 249 § 43; RRS § 2295.]
Reviser’s note: For "this act," see note following RCW 9.01.120.
Chapter 9.02
ABORTION
Sections
9.02.005
9.02.050
9.02.100
9.02.110
9.02.120
9.02.130
9.02.140
9.02.150
Transfer of duties to the department of health.
Concealing birth.
Reproductive privacy—Public policy.
Right to have and provide.
Unauthorized abortions—Penalty.
Defenses to prosecution.
State regulation.
Refusing to perform.
[Title 9 RCW—page 2]
9.02.160
State-provided benefits.
9.02.170
Definitions.
9.02.900
Construction—1992 c 1 (Initiative Measure No. 120).
9.02.901
Severability—1992 c 1 (Initiative Measure No. 120).
9.02.902
Short title—1992 c 1 (Initiative Measure No. 120).
Advertising or selling means of abortion: RCW 9.68.030.
Health care facilities, interference with: Chapter 9A.50 RCW.
Right to medical treatment of infant born alive in the course of an abortion
procedure: RCW 18.71.240.
9.02.005 Transfer of duties to the department of
health. The powers and duties of the state board of health
under this chapter shall be performed by the department of
health. [1989 1st ex.s. c 9 § 202; 1985 c 213 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
9.02.050 Concealing birth. Every person who shall
endeavor to conceal the birth of a child by any disposition
of its dead body, whether the child died before or after its
birth, shall be guilty of a gross misdemeanor. [1909 c 249
§ 200; RRS § 2452.]
9.02.100 Reproductive privacy—Public policy. The
sovereign people hereby declare that every individual
possesses a fundamental right of privacy with respect to
personal reproductive decisions.
Accordingly, it is the public policy of the state of
Washington that:
(1) Every individual has the fundamental right to choose
or refuse birth control;
(2) Every woman has the fundamental right to choose
or refuse to have an abortion, except as specifically limited
by RCW 9.02.100 through 9.02.170 and 9.02.900 through
9.02.902;
(3) Except as specifically permitted by RCW 9.02.100
through 9.02.170 and 9.02.900 through 9.02.902, the state
shall not deny or interfere with a woman’s fundamental right
to choose or refuse to have an abortion; and
(4) The state shall not discriminate against the exercise
of these rights in the regulation or provision of benefits,
facilities, services, or information. [1992 c 1 § 1 (Initiative
Measure No. 120, approved November 5, 1991).]
9.02.110 Right to have and provide. The state may
not deny or interfere with a woman’s right to choose to have
an abortion prior to viability of the fetus, or to protect her
life or health.
A physician may terminate and a health care provider
may assist a physician in terminating a pregnancy as
permitted by this section. [1992 c 1 § 2 (Initiative Measure
No. 120, approved November 5, 1991).]
9.02.120 Unauthorized abortions—Penalty. Unless
authorized by RCW 9.02.110, any person who performs an
abortion on another person shall be guilty of a class C felony
punishable under chapter 9A.20 RCW. [1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991).]
(2002 Ed.)
Abortion
9.02.130 Defenses to prosecution. The good faith
judgment of a physician as to viability of the fetus or as to
the risk to life or health of a woman and the good faith
judgment of a health care provider as to the duration of
pregnancy shall be a defense in any proceeding in which a
violation of this chapter is an issue. [1992 c 1 § 4 (Initiative
Measure No. 120, approved November 5, 1991).]
9.02.140 State regulation. Any regulation promulgated by the state relating to abortion shall be valid only if:
(1) The regulation is medically necessary to protect the
life or health of the woman terminating her pregnancy,
(2) The regulation is consistent with established medical
practice, and
(3) Of the available alternatives, the regulation imposes
the least restrictions on the woman’s right to have an
abortion as defined by RCW 9.02.100 through 9.02.170 and
9.02.900 through 9.02.902. [1992 c 1 § 5 (Initiative Measure No. 120, approved November 5, 1991).]
9.02.150 Refusing to perform. No person or private
medical facility may be required by law or contract in any
circumstances to participate in the performance of an
abortion if such person or private medical facility objects to
so doing. No person may be discriminated against in
employment or professional privileges because of the
person’s participation or refusal to participate in the termination of a pregnancy. [1992 c 1 § 6 (Initiative Measure
No. 120, approved November 5, 1991).]
9.02.160 State-provided benefits. If the state
provides, directly or by contract, maternity care benefits,
services, or information to women through any program
administered or funded in whole or in part by the state, the
state shall also provide women otherwise eligible for any
such program with substantially equivalent benefits, services,
or information to permit them to voluntarily terminate their
pregnancies. [1992 c 1 § 7 (Initiative Measure No. 120,
approved November 5, 1991).]
9.02.170 Definitions. For purposes of this chapter:
(1) "Viability" means the point in the pregnancy when,
in the judgment of the physician on the particular facts of
the case before such physician, there is a reasonable likelihood of the fetus’s sustained survival outside the uterus
without the application of extraordinary medical measures.
(2) "Abortion" means any medical treatment intended to
induce the termination of a pregnancy except for the purpose
of producing a live birth.
(3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.
(4) "Physician" means a physician licensed to practice
under chapter 18.57 or 18.71 RCW in the state of Washington.
(5) "Health care provider" means a physician or a
person acting under the general direction of a physician.
(6) "State" means the state of Washington and counties,
cities, towns, municipal corporations, and quasi-municipal
corporations in the state of Washington.
(2002 Ed.)
9.02.130
(7) "Private medical facility" means any medical facility
that is not owned or operated by the state. [1992 c 1 § 8
(Initiative Measure No. 120, approved November 5, 1991).]
9.02.900 Construction—1992 c 1 (Initiative Measure
No. 120). RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902 shall not be construed to define the state’s
interest in the fetus for any purpose other than the specific
provisions of RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902. [1992 c 1 § 10 (Initiative Measure No.
120, approved November 5, 1991).]
9.02.901 Severability—1992 c 1 (Initiative Measure
No. 120). If any provision of RCW 9.02.100 through
9.02.170 and 9.02.900 through 9.02.902 or its application to
any person or circumstance is held invalid, the remainder of
RCW 9.02.100 through 9.02.170 and 9.02.900 through
9.02.902 or the application of the provision to other persons
or circumstances is not affected. [1992 c 1 § 11 (Initiative
Measure No. 120, approved November 5, 1991).]
9.02.902 Short title—1992 c 1 (Initiative Measure
No. 120). RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902 shall be known and may be cited as the
Reproductive Privacy Act. [1992 c 1 § 12 (Initiative
Measure No. 120, approved November 5, 1991).]
Chapter 9.03
ABANDONED REFRIGERATION EQUIPMENT
Sections
9.03.010
9.03.020
9.03.030
9.03.040
Abandoning, discarding refrigeration equipment.
Permitting unused equipment to remain on premises.
Violation of RCW 9.03.010 or 9.03.020.
Keeping or storing equipment for sale.
9.03.010 Abandoning, discarding refrigeration
equipment. Any person who discards or abandons or leaves
in any place accessible to children any refrigerator, icebox,
or deep freeze locker having a capacity of one and one-half
cubic feet or more, which is no longer in use, and which has
not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is
guilty of a misdemeanor. [1955 c 298 § 1.]
9.03.020 Permitting unused equipment to remain on
premises. Any owner, lessee, or manager who knowingly
permits such an unused refrigerator, icebox, or deep freeze
locker to remain on the premises under his control without
having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is
guilty of a misdemeanor. [1955 c 298 § 2.]
9.03.030 Violation of RCW 9.03.010 or 9.03.020.
Guilt of a violation of RCW 9.03.010 or 9.03.020 shall not,
in itself, render one guilty of manslaughter, battery, or other
crime against a person who may suffer death or injury from
entrapment in such refrigerator, icebox, or deep freeze
locker. [1955 c 298 § 3.]
[Title 9 RCW—page 3]
9.03.040
Title 9 RCW: Crimes and Punishments
9.03.040 Keeping or storing equipment for sale.
Any person who keeps or stores refrigerators, iceboxes, or
deep freeze lockers for the purpose of selling or offering
them for sale shall not be guilty of a violation of this chapter
if he takes reasonable precautions to effectively secure the
door of any refrigerator, icebox, or deep freeze locker held
for purpose of sale so as to prevent entrance of children
small enough to fit into such articles. [1955 c 298 § 4.]
Chapter 9.04
ADVERTISING, CRIMES RELATING TO
Sections
9.04.010
9.04.040
9.04.050
9.04.060
False advertising.
Advertising cures of lost sexual potency—Evidence.
False, misleading, deceptive advertising.
False, misleading, deceptive advertising—Action to restrain
and prevent.
9.04.070
False, misleading, deceptive advertising—Penalty.
9.04.080
False, misleading, deceptive advertising—Assurance of discontinuance of unlawful practice.
9.04.090
Advertising fuel prices by service stations.
Apple advertising: Chapter 15.24 RCW.
Attaching advertisements to utility poles: RCW 70.54.090, 70.54.100.
Attorneys at law, advertising: Rules of court: RPC 7.2.
Banks and trust companies:
advertising legal services: RCW 30.04.260.
using words indicating: RCW 30.04.020.
Buildings, placing advertising matter on: Chapter 9A.48 RCW.
Charitable solicitations, regulation, application of chapter 9.04 RCW:
RCW 19.09.340.
Contraceptives or means of abortion, advertising: RCW 9.68.030.
Dentistry, advertising restrictions: RCW 18.32.665, 18.32.755.
Egg law, advertising violations: Chapter 69.25 RCW.
Elections, advertising violations:
initiative or referendum petition signers: RCW 29.79.490.
recall petition signers: RCW 29.82.220.
Employment agencies, false advertising: Chapter 19.31 RCW.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.180.
Indecent articles: RCW 9.68.030.
Insurance, unlawful advertising practices: Chapter 48.30 RCW.
Optometry advertising: RCW 18.53.140, 18.53.150.
State parks, advertising prohibited: RCW 79A.05.165.
9.04.010 False advertising. Any person, firm,
corporation or association who, with intent to sell or in any
wise dispose of merchandise, securities, service, or anything
offered by such person, firm, corporation or association,
directly or indirectly, to the public for sale or distribution, or
with intent to increase the consumption thereof, or to induce
the public in any manner to enter into any obligation relating
thereto, or to acquire title thereto, or an interest therein,
makes, publishes, disseminates, circulates, or places before
the public, or causes, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the
public in this state, in a newspaper or other publication, or
in the form of a book, notice, hand-bill, poster, bill, circular,
pamphlet, or letter, or in any other way, an advertisement of
any sort regarding merchandise, securities, service, or
anything so offered to the public, which advertisement
[Title 9 RCW—page 4]
contains any assertion, representation or statement of fact
which is untrue, deceptive or misleading, shall be guilty of
a misdemeanor: PROVIDED, That the provisions of this
section shall not apply to any owner, publisher, agent, or
employee of a newspaper for the publication of such
advertisement published in good faith and without knowledge
of the falsity thereof. [1913 c 34 § 1; RRS § 2622-1.]
9.04.040 Advertising cures of lost sexual potency—
Evidence. Any advertisement in any newspaper, periodical,
pamphlet, circular or other written or printed paper, containing the words, "lost manhood", "lost vitality", "lost vigor",
"monthly regulators for women", or words synonymous
therewith, shall be prima facie evidence of intent to violate
*RCW 9.04.030 and 9.04.040 by the person or persons so
advertising, or causing to be advertised, or publishing or permitting to be published, or distributing, circulating and
displaying or causing to be distributed, circulated or displayed, any such advertisement. [1921 c 168 § 2; RRS §
2462-1.]
*Reviser’s note: RCW 9.04.030 was repealed by 1987 c 456 § 32.
9.04.050 False, misleading, deceptive advertising.
It shall be unlawful for any person to publish, disseminate or
display, or cause directly or indirectly, to be published,
disseminated or displayed in any manner or by any means,
including solicitation or dissemination by mail, telephone,
electronic communication, or door-to-door contacts, any
false, deceptive or misleading advertising, with knowledge
of the facts which render the advertising false, deceptive or
misleading, for any business, trade or commercial purpose or
for the purpose of inducing, or which is likely to induce,
directly or indirectly, the public to purchase, consume, lease,
dispose of, utilize or sell any property or service, or to enter
into any obligation or transaction relating thereto: PROVIDED, That nothing in this section shall apply to any radio or
television broadcasting station which broadcasts, or to any
publisher, printer or distributor of any newspaper, magazine,
billboard or other advertising medium who publishes, prints
or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character. [2000
c 33 § 1; 1961 c 189 § 1.]
Severability—1961 c 189: "If any provision of this act is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of the act and the
applicability thereof to other persons and circumstances shall not be affected
thereby." [1961 c 189 § 5.]
Blind made products, false advertising: RCW 19.06.030, 19.06.040.
Highway advertising control act of 1961, Scenic Vistas Act of 1971:
Chapter 47.42 RCW.
9.04.060 False, misleading, deceptive advertising—
Action to restrain and prevent. The attorney general or
the prosecuting attorneys of the several counties may bring
an action in the superior court to restrain and prevent any
person from violating any provision of RCW 9.04.050
through 9.04.080. [1961 c 189 § 2.]
9.04.070 False, misleading, deceptive advertising—
Penalty. Any person who violates any order or injunction
issued pursuant to RCW 9.04.050 through 9.04.080 shall be
(2002 Ed.)
Advertising, Crimes Relating to
9.04.070
subject to a fine of not more than five thousand dollars or
imprisonment for not more than ninety days or both. [1999
c 143 § 1; 1961 c 189 § 3.]
of not more than five thousand dollars, or both. [1999 c 191
§ 1; 1992 c 7 § 2; 1909 c 249 § 314; 1903 c 45 § 4; RRS §
2566.]
9.04.080 False, misleading, deceptive advertising—
Assurance of discontinuance of unlawful practice. In the
enforcement of RCW 9.04.050 through 9.04.080 the official
enforcing RCW 9.04.050 through 9.04.080 may accept an
assurance of discontinuance of any act or practice deemed in
violation of RCW 9.04.050 through 9.04.080, from any
person engaging in, or who has engaged in such act or
practice. Any such assurance shall be in writing and be filed
with and subject to the approval of the superior court of the
county in which the alleged violator resides or has his
principal place of business, or in Thurston county. A
violation of such assurance shall constitute prima facie proof
of a violation of RCW 9.04.050 through 9.04.080: PROVIDED, That after commencement of any action by a
prosecuting attorney, as provided herein, the attorney general
may not accept an assurance of discontinuance without the
consent of the prosecuting attorney. [1961 c 189 § 4.]
9.05.060 Criminal sabotage defined—Penalty. (1)
Whoever, with intent that his or her act shall, or with reason
to believe that it may, injure, interfere with, interrupt,
supplant, nullify, impair, or obstruct the owner’s or
operator’s management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing,
manufacturing, transportation, mercantile, or building
enterprise, or any other public or private business or commercial enterprise, wherein any person is employed for
wage, shall willfully damage or destroy, or attempt or
threaten to damage or destroy, any property whatsoever, or
shall unlawfully take or retain, or attempt or threaten
unlawfully to take or retain, possession or control of any
property, instrumentality, machine, mechanism, or appliance
used in such business or enterprise, shall be guilty of
criminal sabotage.
(2) Criminal sabotage is a felony. [1999 c 191 § 2;
1919 c 173 § 1; RRS § 2563-3.]
9.04.090 Advertising fuel prices by service stations.
It is unlawful for any dealer or service station, as both are
defined in *RCW 82.36.010, to advertise by publication,
dissemination, display, or whatever means:
(1) A price per unit of fuel that is expressed in a unit of
measurement different from that employed by the pump or
other device used to dispense the fuel, unless the price is
advertised for both units of measurement in the same
fashion; or
(2) A price per unit of fuel that is conditioned upon the
purchase of another product, unless the conditional language,
name, and price of the other product are clearly expressed in
the advertisement in characters at least one-half the height of
the characters used to advertise the fuel price.
Violation of this section is a misdemeanor and is subject
to the provisions of RCW 9.04.060 through 9.04.080. [1983
c 114 § 1.]
Endangering life by breach of labor contract: RCW 49.44.080.
Excessive steam in boilers: RCW 70.54.080.
Malicious injury to railroad property: RCW 81.60.070.
Malicious mischief—Injury to property: Chapter 9A.48 RCW.
Sabotaging rolling stock: RCW 81.60.080.
*Reviser’s note: RCW 82.36.010 was amended by 1998 c 176 § 6,
deleting the definition of "service station."
Chapter 9.05
SABOTAGE
(Formerly: Anarchy and sabotage)
Sections
9.05.030
Assemblages of saboteurs.
9.05.060
Criminal sabotage defined—Penalty.
9.05.090
Provisions cumulative.
Freedom of speech: State Constitution Art. 1 § 5.
Subversive activities: Chapter 9.81 RCW.
Treason: State Constitution Art. 1 § 27; chapter 9.82 RCW.
9.05.030 Assemblages of saboteurs. Whenever two
or more persons assemble for the purpose of committing
criminal sabotage, as defined in RCW 9.05.060, such an
assembly is unlawful, and every person voluntarily and
knowingly participating therein by his or her presence, aid,
or instigation, shall be punished by imprisonment in a state
correctional facility for not more than ten years, or by a fine
(2002 Ed.)
9.05.090 Provisions cumulative. RCW 9.05.030 and
9.05.060 shall not be construed to repeal or amend any
existing penal statute. [1999 c 191 § 3; 1919 c 173 § 4;
RRS § 2563-6.]
Chapter 9.08
ANIMALS, CRIMES RELATING TO
Sections
9.08.030
False certificate of registration of animals—False representation as to breed.
9.08.065
Definitions.
9.08.070
Pet animals—Taking, concealing, injuring, killing, etc.—
Penalty.
9.08.080
Acts against animal facilities—Intent.
9.08.090
Acts against animal facilities.
Accelerant detection dogs
harming: RCW 9A.76.200.
immunity of handler: RCW 4.24.410.
Animals and livestock: Title 16 RCW.
Bees: Chapter 15.60 RCW.
Brands and marks, generally: Chapter 9.16 RCW.
Bulls running at large: RCW 16.24.180 through 16.24.210.
Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200.
"Coyote getters," use permitted: RCW 9.41.185.
Cruelty to
animals, generally: Chapter 16.52 RCW.
stock in transit: RCW 81.56.120.
Destroying animals in state parks: RCW 79A.05.165.
Disposal of dead animals: Chapter 16.68 RCW.
Dog law: Chapters 16.08, 16.10 RCW.
Dog licensing
control zones: Chapter 16.10 RCW.
counties: Chapter 36.49 RCW.
[Title 9 RCW—page 5]
Chapter 9.08
Title 9 RCW: Crimes and Punishments
unclassified cities: RCW 35.30.010.
Game code: Title 77 RCW.
Guard animals, registration: RCW 48.48.150.
Guide dogs: Chapter 70.84 RCW.
Horses, mules, and asses running at large: Chapter 16.24 RCW.
Indictment or information in crimes involving animals: RCW 10.37.070.
Ladybugs, beneficial insects: Chapter 15.61 RCW.
Police dogs
harming: RCW 9A.76.200.
immunity of handler: RCW 4.24.410.
Quarantine of diseased domestic animals: Chapter 16.36 RCW.
Race horses: Chapter 67.16 RCW.
Service dogs: Chapter 70.84 RCW.
Stealing horses or cattle: Chapter 9A.56 RCW.
Transporting in unsafe manner: RCW 16.52.080.
9.08.030 False certificate of registration of animals—False representation as to breed. Every person
who, by color or aid of any false pretense, representation,
token or writing shall obtain from any club, association,
society or company for the improvement of the breed of
cattle, horses, sheep, swine, fowls or other domestic animals
or birds, a certificate of registration of any animal or bird in
a herdbook, or other register of any such association, society
or company, or a transfer of any such registration, and every
person who shall knowingly represent an animal or bird for
breeding purposes to be of a greater degree of any particular
strain of blood than such animal actually possesses, shall be
guilty of a gross misdemeanor. [1909 c 249 § 341; RRS §
2593.]
9.08.065 Definitions. As used in RCW 9.08.070:
(1) "Pet animal" means a tamed or domesticated animal
legally retained by a person and kept as a companion. "Pet
animal" does not include livestock raised for commercial
purposes.
(2) "Research institution" means a facility licensed by
the United States department of agriculture to use animals in
biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is
licensed or required to be licensed by the United States
department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals. [1989 c 359 § 1.]
9.08.070 Pet animals—Taking, concealing, injuring,
killing, etc.—Penalty. (1) Any person who, with intent to
deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor and shall
be punished as prescribed under RCW 9A.20.021(2) and by
a mandatory fine of not less than five hundred dollars per
pet animal except as provided by (d) of this subsection:
(a) Takes, leads away, confines, secretes or converts any
pet animal, except in cases in which the value of the pet
animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner
by obscuring, altering, or removing from the pet animal any
collar, tag, license, tattoo, or other identifying device or
mark.
(c) Willfully or recklessly kills or injures any pet
animal, unless excused by law.
[Title 9 RCW—page 6]
(d) Nothing in this subsection or subsection (2) of this
section shall prohibit a person from also being convicted of
separate offenses under RCW 9A.56.030, 9A.56.040, or
9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or
9A.56.170 for possession of stolen property.
(2)(a) It is unlawful for any person to receive with
intent to sell to a research institution in the state of Washington, or sell or otherwise directly transfer to a research
institution in the state of Washington, a pet animal that the
person knows or has reason to know has been stolen or
fraudulently obtained. This subsection does not apply to
U.S.D.A. licensed dealers.
(b) The first conviction under (a) of this subsection is a
gross misdemeanor and is punishable as prescribed under
RCW 9A.20.021(2) and by a mandatory fine of not less than
five hundred dollars per pet animal. A second or subsequent
conviction under (a) of this subsection is a class C felony
and is punishable as prescribed under RCW 9A.20.021(1)(c)
and by a mandatory fine of not less than one thousand
dollars per pet animal.
(3)(a) It is unlawful for any person, who knows or has
reason to know that a pet animal has been stolen or fraudulently obtained, to sell or otherwise transfer the pet animal
to another who the person knows or has reason to know has
previously sold a stolen or fraudulently obtained pet animal
to a research institution in the state of Washington.
(b) A conviction under (a) of this subsection is a class
C felony and shall be punishable as prescribed under RCW
9A.20.021(1)(c) and by a mandatory fine of not less than
one thousand dollars per pet animal.
(4)(a) It is unlawful for a U.S.D.A. licensed dealer to
receive with intent to sell, or sell or transfer directly or
through a third party, to a research institution in the state of
Washington, a pet animal that the dealer knows or has
reason to know has been stolen or fraudulently obtained.
(b) A conviction under (a) of this subsection is a class
C felony and shall be punishable as prescribed under RCW
9A.20.021(1)(c) and by a mandatory fine of not less than
one thousand dollars per pet animal.
(5) The sale, receipt, or transfer of each individual pet
animal in violation of subsections (1), (2), (3), and (4) of
this section constitutes a separate offense.
(6) The provisions of subsections (1), (2), (3), and (4)
of this section shall not apply to the lawful acts of any
employee, agent, or director of any humane society, animal
control agency, or animal shelter operated by or on behalf of
any government agency, operating under law. [1989 c 359
§ 2; 1982 c 114 § 1.]
Application of Consumer Protection Act: RCW 19.86.145.
9.08.080 Acts against animal facilities—Intent.
There has been an increasing number of illegal acts committed against animal production and research facilities involving injury or loss of life to animals or humans, criminal trespass, and damage to property. These actions not only
abridge the property rights of the owners, operators, and
employees of the facility, they may also damage the public
interest by jeopardizing crucial animal production or agricultural, scientific, or biomedical research. These actions
may also threaten the public safety by exposing communities
to public health concerns and creating traffic hazards. These
(2002 Ed.)
Animals, Crimes Relating to
actions substantially disrupt or damage research and result in
the potential loss of physical and intellectual property.
While the criminal code, particularly the malicious mischief
crimes, adequately covers those who intentionally and
without authority damage or destroy farm animals, the code
does not adequately cover similar misconduct directed
against research and educational facilities. Therefore, it is in
the interest of the people of the state of Washington to
protect the welfare of humans and animals, as well as the
productive use of private or public funds, to promote and
protect scientific and medical research, foster education, and
preserve and enhance agricultural production.
It is the intent of the legislature that the courts in
deciding applications for injunctive relief under RCW
4.24.580 give full consideration to the constitutional rights
of persons to speak freely, to picket, and to conduct other
lawful activities. [1991 c 325 § 1.]
Severability—1991 c 325: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 325 § 6.]
Civil liability for acts against animal facilities: RCW 4.24.570 through
4.24.580.
9.08.090 Acts against animal facilities. A person is
guilty of a class C felony: If he or she, without authorization, knowingly takes, releases, destroys, contaminates, or
damages any animal or animals kept in a research or educational facility where the animal or animals are used or to
be used for medical research purposes or other research
purposes or for educational purposes; or if he or she, without
authorization, knowingly destroys or damages any records,
equipment, research product, or other thing pertaining to
such animal or animals. [1991 c 325 § 2.]
Severability—1991 c 325: See note following RCW 9.08.080.
Civil liability for acts against animal facilities: RCW 4.24.570 through
4.24.580.
Chapter 9.12
BARRATRY
Sections
9.12.010
9.12.020
Barratry.
Buying, demanding, or promising reward by district judge or
deputy.
9.12.010 Barratry. Every person who brings on his
or her own behalf, or instigates, incites, or encourages
another to bring, any false suit at law or in equity in any
court of this state, with intent thereby to distress or harass a
defendant in the suit, or who serves or sends any paper or
document purporting to be or resembling a judicial process,
that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he
or she may, in addition thereto be disbarred from practicing
law within this state. [2001 c 310 § 3. Prior: 1995 c 285
§ 27; 1915 c 165 § 1; 1909 c 249 § 118; Code 1881 § 901;
1873 p 204 § 100; 1854 p 92 § 91; RRS § 2370.]
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective date—1995 c 285: See RCW 48.30A.900.
Attorneys at law: Chapter 2.44 RCW.
(2002 Ed.)
9.08.080
State bar act: Chapter 2.48 RCW.
9.12.020 Buying, demanding, or promising reward
by district judge or deputy. Every district judge or deputy
who shall, directly or indirectly, buy or be interested in
buying anything in action for the purpose of commencing a
suit thereon before a district judge, or who shall give or
promise any valuable consideration to any person as an
inducement to bring, or as a consideration for having
brought, a suit before a district judge, shall be guilty of a
misdemeanor. [1987 c 202 § 138; 1909 c 249 § 119; RRS
§ 2371.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 9.16
BRANDS AND MARKS, CRIMES RELATING TO
Sections
9.16.005
Definitions.
9.16.010
Removing lawful brands.
9.16.020
Imitating lawful brand.
9.16.030
Counterfeit mark—Intellectual property.
9.16.035
Counterfeiting—Penalties.
9.16.041
Counterfeit items—Seizure and forfeiture.
9.16.050
When deemed affixed.
9.16.060
Fraudulent registration of trademark.
9.16.070
Form and similitude defined.
9.16.080
Petroleum products improperly labeled or graded.
9.16.090
Petroleum products—Penalty.
9.16.100
Use of the words "sterling silver," etc.
9.16.110
Use of words "coin silver," etc.
9.16.120
Use of the word "sterling" on mounting.
9.16.130
Use of the words "coin silver" on mounting.
9.16.140
Unlawfully marking article made of gold.
9.16.150
"Marked, stamped or branded" defined.
Animals and livestock: Title 16 RCW.
Defacement of motor serial numbers: RCW 9A.56.180.
Egg law: Chapter 69.25 RCW.
Fertilizers, minerals, and limes, brand alteration, etc.: Chapter 15.54
RCW.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
Forest products, marks and brands: Chapter 76.36 RCW.
Honey act, misbranding, etc.: Chapter 69.28 RCW.
Poisons, misbranding: Chapters 69.36, 69.40 RCW.
Trademark registration: Chapters 19.76, 19.77 RCW.
Watches, removal of serial number: Chapter 19.60 RCW.
9.16.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Counterfeit mark" means:
(a) Any unauthorized reproduction or copy of intellectual property; or
(b) Intellectual property affixed to any item knowingly
sold, offered for sale, manufactured, or distributed, or
identifying services offered or rendered, without the authority
of the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service
mark, trade name, label, term, device, design, or work
adopted or used by a person to identify such person’s goods
or services. Intellectual property does not have exclusive
use rights to trade names registered under chapter 19.80
RCW.
[Title 9 RCW—page 7]
9.16.005
Title 9 RCW: Crimes and Punishments
(3) "Retail value" means the counterfeiter’s regular
selling price for the item or service bearing or identified by
the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the
retail value shall be the counterfeiter’s regular selling price
of the finished product on or in which the component would
be utilized. [1999 c 322 § 1.]
9.16.010 Removing lawful brands. Every person
who shall willfully deface, obliterate, remove, or alter any
mark or brand placed by or with the authority of the owner
thereof on any shingle bolt, log or stick of timber, or on any
horse, mare, gelding, mule, cow, steer, bull, sheep, goat or
hog, shall be punished by imprisonment in a state correctional facility for not more than five years, or by imprisonment
in the county jail for not more than one year, or by a fine of
not more than one thousand dollars, or by both fine and
imprisonment. [1992 c 7 § 3; 1909 c 249 § 342; Code 1881
§ 839; 1873 p 191 § 54; RRS § 2594.]
Forest product brands and marks, falsifying, etc.: RCW 76.36.110,
76.36.120.
9.16.020 Imitating lawful brand. Every person who,
in any county, places upon any property, any brand or mark
in the likeness or similitude of another brand or mark filed
with the county auditor of such county by the owner thereof
as a brand or mark for the designation or identification of a
like kind of property, is:
(1) If done with intent to confuse or commingle such
property with, or to appropriate to his or her own use, the
property of such other owner, guilty of a felony, and be
punished by imprisonment in a state correctional facility for
not more than five years, or by imprisonment in the county
jail for not more than one year, or by a fine of not more
than one thousand dollars, or by both fine and imprisonment;
or
(2) If done without such intent, guilty of a misdemeanor. [1992 c 7 § 4; 1909 c 249 § 343; RRS § 2595.]
9.16.030 Counterfeit mark—Intellectual property.
Any person who willfully and knowingly, and for financial
gain, manufactures, uses, displays, advertises, distributes,
offers for sale, sells or possesses with intent to sell or
distribute any item, or offers any services, bearing or
identified by a counterfeit mark, is guilty of the crime of
counterfeiting.
Any state or federal certificate of registration of any
intellectual property is prima facie evidence of the facts
stated in the certificate. [1999 c 322 § 2; 1909 c 249 § 344;
Code 1881 § 854; 1873 p 194 § 63; 1854 p 85 § 87; RRS §
2596.]
9.16.035 Counterfeiting—Penalties. (1) Counterfeiting is a misdemeanor, except as provided in subsections (2),
(3) and (4) of this section.
(2) Counterfeiting is a gross misdemeanor if:
(a) The defendant has previously been convicted under
RCW 9.16.030; or
(b) The violation involves more than one hundred but
fewer than one thousand items bearing a counterfeit mark or
the total retail value of all items bearing a counterfeit mark
[Title 9 RCW—page 8]
or the total retail value of all items bearing, or services
identified by, a counterfeit mark is more than one thousand
dollars but less than ten thousand dollars.
(3) Counterfeiting is a class C felony if:
(a) The defendant has been previously convicted of two
or more offenses under RCW 9.16.030;
(b) The violation involves the manufacture or production
of items bearing counterfeit marks; or
(c) The violation involves one thousand or more items
bearing a counterfeit mark or the total retail value of all
items bearing, or services identified by, a counterfeit mark
is ten thousand dollars or more.
(4) Counterfeiting is a class C felony if:
(a) The violation involves the manufacture, production,
or distribution of items bearing counterfeit marks; and
(b) The defendant knew or should have known that the
counterfeit items, by their intended use, endangered the
health or safety of others.
(5) For purposes of this section, the quantity or retail
value of items or services shall include the aggregate
quantity or retail value of all items bearing, or services
identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or
possesses with intent to sell.
(6) A person guilty of counterfeiting shall be fined an
amount up to three times the retail value of the items
bearing, or services identified by, a counterfeit mark, unless
extenuating circumstances are shown by the defendant.
(7) The penalties provided for in this section are
cumulative and do not affect any other civil and criminal
penalties provided by law. [1999 c 322 § 3.]
9.16.041 Counterfeit items—Seizure and forfeiture.
(1) Any items bearing a counterfeit mark, and all personal
property employed or used in connection with counterfeiting,
including but not limited to, any items, objects, tools,
machines, equipment, instruments, or vehicles of any kind,
shall be seized by any law enforcement officer.
All seized personal property referenced in this subsection shall be forfeited in accordance with RCW 10.105.010.
(2) Upon request of the intellectual property owner, all
seized items bearing a counterfeit mark shall be released to
the intellectual property owner for destruction or disposition.
(3) If the intellectual property owner does not request
release of seized items bearing a counterfeit mark, such
items shall be destroyed unless the intellectual property
owner consents to another disposition. [1999 c 322 § 4.]
9.16.050 When deemed affixed. A label, trademark,
term, design, device or form of advertisement shall be
deemed to be affixed to any goods, wares, merchandise,
mixture, preparation or compound whenever it is in any
manner placed in or upon either the article itself, or the box,
bale, barrel, bottle, case, cask or other vessel or package, or
the cover, wrapper, stopper, brand, label or other thing in, by
or with which the goods are packed, enclosed or otherwise
prepared for sale or distribution. [1909 c 249 § 346; RRS
§ 2598.]
9.16.060 Fraudulent registration of trademark.
Every person who shall for himself, or on behalf of any
(2002 Ed.)
Brands and Marks, Crimes Relating to
other person, corporation, association or union, procure the
filing of any label, trademark, term, design, device or form
of advertisement, with the secretary of state by any fraudulent means, shall be guilty of a misdemeanor. [1909 c 249
§ 347; RRS § 2599.]
Trademark registration: Chapter 19.77 RCW.
9.16.070 Form and similitude defined. A plate,
label, trademark, term, design, device or form of advertisement is in the form and similitude of the genuine instrument
imitated if the finished parts of the engraving thereupon shall
resemble or conform to the similar parts of the genuine
instrument. [1909 c 249 § 348; RRS § 2600.]
9.16.080 Petroleum products improperly labeled or
graded. It shall be unlawful for any person, firm or
corporation:
(1) To use, adopt, place upon, or permit to be used,
adopted or placed upon, any barrel, tank, drum or other
container of gasoline or lubricating oil for internal combustion engines, sold or offered for sale, or upon any pump
or other device used in delivering the same, any trade name,
trademark, designation or other descriptive matter, which is
not the true and correct trade name, trademark, designation
or other descriptive matter of the gasoline or lubricating oil
so sold or offered for sale;
(2) To sell, or offer for sale, or have in his or its
possession with intent to sell, any gasoline or lubricating oil,
contained in, or taken from, or through any barrel, tank,
drum, or other container or pump or other device, so
unlawfully labeled or marked, as hereinabove provided;
(3) To sell, or offer for sale, or have in his or its
possession with intent to sell any gasoline or lubricating oil
for internal combustion engines and to represent to the
purchaser, or prospective purchaser, that such gasoline or
lubricating oil so sold or offered for sale, is of a quality,
grade or standard, or the product of a particular gasoline or
lubricating oil manufacturing, refining or distributing
company or association, other than the true quality, grade,
standard, or the product of a particular gasoline or oil manufacturing, refining or distributing company or association, of
the gasoline or oil so offered for sale or sold. [1927 c 222
§ 1; RRS § 2637-1.]
9.16.090 Petroleum products—Penalty. Any person,
firm or corporation, violating any of the provisions of RCW
9.16.080 shall be guilty of a misdemeanor, and for a second,
and each subsequent, violation of any provision of RCW
9.16.080 shall be guilty of a gross misdemeanor. [1927 c
222 § 2; RRS § 2637-2.]
9.16.100 Use of the words "sterling silver," etc.
Every person who shall make, sell or offer to sell or dispose
of, or have in his possession with intent to sell or dispose of
any metal article marked, stamped or branded with the words
"sterling," "sterling silver," or "solid silver," unless nine
hundred twenty-five one-thousandths of the component parts
of the metal of which such article and all parts thereof is
manufactured is pure silver, shall be guilty of a gross
misdemeanor. [1909 c 249 § 428; RRS § 2680.]
(2002 Ed.)
9.16.060
9.16.110 Use of words "coin silver," etc. Every
person who shall make, sell or offer to sell or dispose of, or
have in his possession with intent to dispose of any metal
article marked, stamped or branded with the words "coin,"
or "coin silver," unless nine hundred one-thousandths of the
component parts of the metal of which such article and all
parts thereof is manufactured, is pure silver, shall be guilty
of a gross misdemeanor. [1909 c 249 § 429; RRS § 2681.]
9.16.120 Use of the word "sterling" on mounting.
Every person who shall make, sell, offer to sell or dispose
of, or have in his possession with intent to sell or dispose of,
any article comprised of leather, shell, ivory, celluloid, pearl,
glass, porcelain, pottery, steel or wood, to which is applied
or attached a metal mounting marked, stamped or branded
with the words "sterling," or "sterling silver," unless nine
hundred twenty-five one-thousandths of the component parts
of the metal of which such metal mounting is manufactured
is pure silver, shall be guilty of a gross misdemeanor. [1909
c 249 § 430; RRS § 2682.]
9.16.130 Use of the words "coin silver" on mounting. Every person who shall make, sell, offer to sell or
dispose of, or have in his possession with intent to sell or
dispose of, any article comprised of leather, shell, ivory,
celluloid, pearl, glass, porcelain, pottery, steel or wood, to
which is applied or attached a metal mounting marked,
stamped or branded with the words "coin" or "coin silver,"
unless nine hundred one-thousandths of the component parts
of the metal of which such metal mounting is manufactured
is pure silver, shall be guilty of a gross misdemeanor. [1909
c 249 § 431; RRS § 2683.]
9.16.140 Unlawfully marking article made of gold.
Every person who shall make, sell, offer to sell or dispose
of, or have in his possession with intent to sell or dispose of,
any article constructed wholly or in part of gold, or of an
alloy of gold, and marked, stamped or branded in such
manner as to indicate that the gold or alloy of gold in such
article is of a greater degree or carat of fineness, by more
than one carat, than the actual carat or fineness of such gold
or alloy of gold, shall be guilty of a gross misdemeanor.
[1909 c 249 § 432; RRS § 2684.]
9.16.150 "Marked, stamped or branded" defined.
An article shall be deemed to be "marked, stamped or
branded" whenever such article, or any box, package, cover
or wrapper in which the same is enclosed, encased or
prepared for sale or delivery, or any card, label or placard
with which the same may be exhibited or displayed, is so
marked, stamped or branded. [1909 c 249 § 433; RRS §
2685.]
[Title 9 RCW—page 9]
Chapter 9.18
Title 9 RCW: Crimes and Punishments
Chapter 9.18
BIDDING OFFENSES
(Formerly: Bribery and grafting)
Sections
9.18.080
9.18.120
9.18.130
9.18.140
9.18.150
Offender a competent witness.
Suppression of competitive bidding.
Collusion to prevent competitive bidding.
Penalty.
Agreements outside state.
9.18.080 Offender a competent witness. Every
person offending against any of the provisions of law
relating to bribery or corruption shall be a competent witness
against another so offending and shall not be excused from
giving testimony tending to criminate himself. [1909 c 249
§ 78; RRS § 2330. Cf. 1907 c 60 §§ 1, 2; RRS §§ 2149,
2150.]
Bribery and corruption: Chapter 9A.68 RCW.
Incriminating testimony not to be used: RCW 10.52.090.
Rights of accused persons: State Constitution Art. 1 § 9.
9.18.120 Suppression of competitive bidding. When
any competitive bid or bids are to be or have been solicited,
requested, or advertised for by the state of Washington, or
any county, city, town or other municipal corporation
therein, or any department of either thereof, for any work or
improvement to be done or constructed for or by such state,
county, city, town, or other municipal corporation, or any
department of either thereof, it shall be unlawful for any
person acting for himself or as agent of another, or as agent
for or as a member of any partnership, unincorporated firm
or association, or as an officer or agent of any corporation,
to offer, give, or promise to give, any money, check, draft,
property, or other thing of value, to another or to any firm,
association, or corporation for the purpose of inducing such
other person, firm, association, or corporation, either to
refrain from submitting any bids upon such public work or
improvement, or to enter into any agreement, understanding
or arrangement whereby full and unrestricted competition for
the securing of such public work will be suppressed,
prevented, or eliminated; and it shall be unlawful for any
person to solicit, accept, or receive any money, check, draft,
property, or other thing of value upon a promise or understanding, express or implied, that he individually or as an
agent or officer of another person, persons, or corporation,
will refrain from bidding upon such public work or improvement, or that he will on behalf of himself or such others
submit or permit another to submit for him any bid upon
such public work or improvement in such sum as to eliminate full and unrestricted competition thereon. [1921 c 12
§ 1; RRS § 2333-1.]
9.18.130 Collusion to prevent competitive bidding.
It shall be unlawful for any person for himself or as an agent
or officer of any other person, persons, or corporation to in
any manner enter into collusion or an understanding with
any other person, persons, or corporation to prevent or
eliminate full and unrestricted competition upon any public
work or improvement mentioned in RCW 9.18.120. [1921
c 12 § 2; RRS § 2333-2.]
[Title 9 RCW—page 10]
9.18.140 Penalty. Any person violating any provisions of RCW 9.18.120 through 9.18.150 shall be guilty of
a gross misdemeanor. [1921 c 12 § 3; RRS § 2333-3.]
9.18.150 Agreements outside state. It shall be no
defense to a prosecution under RCW 9.18.120 through
9.18.150 that a payment or promise of payment of any
money, check, draft, or anything of value, or any other
understanding or arrangement to eliminate unrestricted
competitive bids was had or made outside of the state of
Washington, if such work or improvement for which bids are
called is to be done or performed within the state. [1921 c
12 § 4; RRS § 2333-4.]
Chapter 9.24
CORPORATIONS, CRIMES RELATING TO
Sections
9.24.010
9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
9.24.100
Fraud in stock subscription.
Fraudulent issue of stock, scrip, etc.
Insolvent bank receiving deposit.
Corporation doing business without license.
False report of corporation.
Warehouseman or carrier refusing to issue receipt.
Fictitious bill of lading or receipt.
Warehouseman or carrier fraudulently mixing goods.
Duplicate receipt.
Bill of lading or receipt must be canceled on redelivery of
property.
9.24.110
Regulating sale of passage tickets.
9.24.120
Redemption of unused passage ticket.
9.24.125
Filing false statements—Penalty.
Banks and trust companies, penalties: RCW 30.04.020, 30.04.050,
30.04.060, 30.04.230, 30.04.240, 30.04.260, 30.04.310, 30.12.090
through 30.12.120, 30.12.190, 30.16.010, 30.44.110, 30.44.120.
Business corporations: Title 23B RCW.
Child labor: RCW 26.28.060, 26.28.070, chapter 49.12 RCW.
Conspiracy, forfeiture of right to do business: RCW 9A.08.030, 9A.28.040.
Corporations, criminal process against: Chapter 10.01 RCW.
Credit unions, penalties: Chapter 31.12 RCW.
Discrimination in employment: Chapter 49.60 RCW.
Fraud: Chapter 9A.60 RCW.
Hours of labor: Chapter 49.28 RCW.
Industrial welfare: Chapter 49.12 RCW.
Insurance companies, penalties: RCW 48.01.080, 48.06.190, 48.07.060,
48.08.040, 48.08.050, 48.09.340, 48.17.480, 48.18.180, 48.30.110,
48.30.190, 48.30.210 through 48.30.230, 48.44.060.
Labor
conditions of: Chapter 49.12 RCW.
prohibited practices: Chapter 49.44 RCW.
Legal services, advertising of—Penalty: RCW 30.04.260.
Minors, wages, working conditions, permits: RCW 49.12.121, 49.12.123.
Mutual savings banks, penalties: RCW 32.04.100 through 32.04.130,
32.24.080.
Public service companies: Title 80 RCW.
Railroad rolling stock, penalties: RCW 81.60.080, 81.60.090.
Savings and loan associations, prohibited acts: Chapter 33.36 RCW.
Trading stamps, penalties: RCW 19.84.040.
Transportation companies: Title 81 RCW.
Unemployment compensation, penalties: Chapter 50.36 RCW.
Uniform Fraudulent Conveyance Act: Chapter 19.40 RCW.
Wages—Payment—Collection: Chapter 49.48 RCW.
(2002 Ed.)
Corporations, Crimes Relating to
Workers’ compensation, penalties: RCW 51.16.140, chapter 51.48 RCW.
9.24.010 Fraud in stock subscription. Every person
who shall sign the name of a fictitious person to any
subscription for or any agreement to take stock in any
corporation existing or proposed, and every person who shall
sign to any such subscription or agreement the name of any
person, knowing that such person does not intend in good
faith to comply with the terms thereof, or upon any understanding or agreement that the terms of such subscription or
agreement are not to be complied with or enforced, shall be
guilty of a gross misdemeanor. [1909 c 249 § 386; RRS §
2638. Formerly RCW 9.44.090.]
9.24.020 Fraudulent issue of stock, scrip, etc. Every
officer, agent or other person in the service of a joint stock
company or corporation, domestic or foreign, who, willfully
and knowingly with intent to defraud:
(1) Sells, pledges, or issues, or causes to be sold,
pledged, or issued, or signs or executes, or causes to be
signed or executed, with intent to sell, pledge, or issue, or
cause to be sold, pledged, or issued, any certificate or
instrument purporting to be a certificate or evidence of
ownership of any share or shares of such company or
corporation, or any conveyance or encumbrance of real or
personal property, contract, bond, or evidence of debt, or
writing purporting to be a conveyance or encumbrance of
real or personal property, contract, bond or evidence of debt
of such company or corporation, without being first duly
authorized by such company or corporation, or contrary to
the charter or laws under which such company or corporation exists, or in excess of the power of such company or
corporation, or of the limit imposed by law or otherwise
upon its power to create or issue stock or evidence of debt;
or,
(2) Reissues, sells, pledges, disposes of, or causes to be
reissued, sold, pledged, or disposed of, any surrendered or
canceled certificate or other evidence of the transfer of
ownership of any such share or shares
shall be punished by imprisonment in a state correctional
facility for not more than ten years, or by a fine of not more
than five thousand dollars, or by both. [1992 c 7 § 5; 1909
c 249 § 387; RRS § 2639. Formerly RCW 9.37.070.]
9.24.030 Insolvent bank receiving deposit. Every
owner, officer, stockholder, agent or employee of any
person, firm, corporation or association engaged, wholly or
in part, in the business of banking or receiving money or
negotiable paper or securities on deposit or in trust, who
shall accept or receive, with or without interest, any deposit,
or who shall consent thereto or connive thereat, when he or
she knows or has good reason to believe that such person,
firm, corporation or association is unsafe or insolvent, shall
be punished by imprisonment in a state correctional facility
for not more than ten years, or by a fine of not more than
ten thousand dollars. [1992 c 7 § 6; 1909 c 249 § 388; 1893
c 111 § 1; RRS § 2640. Formerly RCW 9.45.140.]
Application to mutual savings banks: RCW 32.04.120.
Receiving deposits by bank after insolvency: State Constitution Art. 12 §
12, RCW 30.44.120.
(2002 Ed.)
Chapter 9.24
9.24.040 Corporation doing business without
license. Every corporation, whether domestic or foreign, and
every person representing or pretending to represent such
corporation as an officer, agent or employee thereof, who
shall transact, solicit or advertise for any business in this
state, before such corporation shall have obtained from the
officer lawfully authorized to issue the same, a certificate
that such corporation is authorized to transact business in
this state, shall be guilty of a gross misdemeanor. [1909 c
249 § 389; RRS § 2641. Formerly RCW 9.45.130.]
Application to mutual savings banks: RCW 32.04.120.
9.24.050 False report of corporation. Every director,
officer or agent of any corporation or joint stock association,
and every person engaged in organizing or promoting any
enterprise, who shall knowingly make or publish or concur
in making or publishing any written prospectus, report,
exhibit or statement of its affairs or pecuniary condition,
containing any material statement that is false or exaggerated, shall be punished by imprisonment in a state correctional
facility for not more than ten years, or by a fine of not more
than five thousand dollars. [1992 c 7 § 7; 1909 c 249 § 390;
RRS § 2642. Formerly RCW 9.38.040.]
Application to mutual savings banks: RCW 32.04.120.
9.24.060 Warehouseman or carrier refusing to issue
receipt. See RCW 22.32.010.
9.24.070 Fictitious bill of lading or receipt. See
RCW 22.32.020.
9.24.080 Warehouseman or carrier fraudulently
mixing goods. See RCW 22.32.030.
9.24.090
Duplicate receipt. See RCW 22.32.040.
9.24.100 Bill of lading or receipt must be canceled
on redelivery of property. See RCW 22.32.050.
9.24.110 Regulating sale of passage tickets. See
RCW 81.56.150.
9.24.120 Redemption of unused passage ticket. See
RCW 81.56.160.
9.24.125 Filing false statements—Penalty. See RCW
43.07.210.
Chapter 9.26A
TELECOMMUNICATIONS CRIME
(Formerly: Credit cards, crimes relating to)
Sections
9.26A.090
9.26A.100
9.26A.110
9.26A.120
9.26A.130
9.26A.900
Telephone company credit cards—Prohibited acts.
Definitions.
Fraud in obtaining telecommunications service—Penalty.
Fraud in operating coin-box telephone or other receptacle.
Penalty for manufacture or sale of slugs to be used for coin.
Severability—1990 c 11.
[Title 9 RCW—page 11]
Chapter 9.26A
Title 9 RCW: Crimes and Punishments
Civil cause of action: RCW 9A.56.268.
Telecommunications crimes: RCW 9A.56.262 through 9A.56.266.
(9) "Telephone company" means any local exchange
company, as defined in RCW 80.04.010. [1990 c 11 § 1.]
9.26A.090 Telephone company credit cards—
Prohibited acts. Every person who sells, rents, lends, gives,
advertises for sale or rental, or publishes the credit card
number of an existing, canceled, revoked, expired, or nonexistent telephone company credit card, or the numbering or
coding that is employed in the issuance of telephone company credit cards or access devices, with the intent that it be
used or with knowledge or reason to believe that it will be
used to avoid the payment of any lawful charge, shall be
guilty of a gross misdemeanor. [1990 c 11 § 3; 1974 ex.s.
c 160 § 1.]
9.26A.110 Fraud in obtaining telecommunications
service—Penalty. (1) Every person who, with intent to
evade the provisions of any order or rule of the Washington
utilities and transportation commission or of any tariff, price
list, contract, or any other filing lawfully submitted to said
commission by any telephone, telegraph, or telecommunications company, or with intent to defraud, obtains telephone,
telegraph, or telecommunications service from any telephone,
telegraph, or telecommunications company through: (a) The
use of a false or fictitious name or telephone number; (b) the
unauthorized use of the name or telephone number of
another; (c) the physical or electronic installation of, rearrangement of, or tampering with any equipment, or use of a
telecommunications device; (d) the commission of computer
trespass; or (e) any other trick, deceit, or fraudulent device,
shall be guilty of a misdemeanor. If the value of the
telephone, telegraph, or telecommunications service that any
person obtains in violation of this section during a period of
ninety days exceeds:
(a) Fifty dollars in the aggregate, then such person shall
be guilty of a gross misdemeanor;
(b) Two hundred fifty dollars in the aggregate, then such
person shall be guilty of a class C felony.
However, for any act that constitutes a violation of both
this subsection and subsection (2) of this section the provisions of subsection (2) of this section shall be exclusive.
(2) Every person who:
(a) Makes, possesses, sells, gives, or otherwise transfers
to another a telecommunications device with intent to use it
or with knowledge or reason to believe it is intended to be
used to avoid any lawful telephone or telegraph toll charge
or to conceal the existence or place of origin or destination
of any telephone or telegraph message; or
(b) Sells, gives, or otherwise transfers to another plans
or instructions for making or assembling a telecommunications device described in subparagraph (a) of this subsection
with knowledge or reason to believe that the plans may be
used to make or assemble such device
shall be guilty of a felony. [1990 c 11 § 2; 1981 c 252 § 1;
1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972 ex.s. c 75 §
1; 1955 c 114 § 1. Formerly RCW 9.45.240.]
9.26A.100 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Access device" shall have the same meaning as that
contained in RCW 9A.56.010.
(2) "Computer" means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device
performing logical, arithmetic, or storage functions, and
includes any data storage facility or communications facility
directly related to or operating in conjunction with such
device, but does not mean an automated typewriter or
typesetter, portable hand held calculator, or other similar
device.
(3) "Computer trespass" shall have the same meaning as
that contained in chapter 9A.52 RCW.
(4) "Credit card number" means the card number or
coding appearing on a credit card or other form of authorization, including an identification card or plate issued to a
person by any telecommunications provider that permits the
person to whom it has been issued to obtain telecommunications service on credit. The term includes the number or
description of the card or plate, even if the card or plate
itself is not produced at the time the telecommunications
service is obtained.
(5) "Publish" means the communication or dissemination
of information to any one or more persons: (a) Orally, in
person, or by telephone, radio, or television; (b) in a writing
of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article,
or book; or (c) electronically, including by the use of
recordings, computer networks, bulletin boards, or other
means of electronic storage and retrieval.
(6) "Telecommunications" shall have the same meaning
as that contained in RCW 80.04.010 and includes telecommunications service that originates, terminates, or both
originates and terminates in this state.
(7) "Telecommunications company" shall have the same
meaning as that contained in RCW 80.04.010.
(8) "Telecommunications device" means any operating
procedure or code, instrument, apparatus, or equipment
designed or adapted for a particular use, and which is
intended or can be used in violation of this chapter, and
includes, but is not limited to, computer hardware, software,
and programs; electronic mail system; voice mail system;
private branch exchange; or any other means of facilitating
telecommunications service.
[Title 9 RCW—page 12]
Injunctive relief for violations: RCW 7.40.230.
9.26A.120 Fraud in operating coin-box telephone or
other receptacle. Any person who shall knowingly and
wilfully operate, or cause to be operated, or who shall
attempt to operate, or attempt to cause to be operated, [any]
coin-box telephone or other receptacle designed to receive
lawful coin of the United States of America in connection
with the sale, use or enjoyment of property or service, by
means of a slug or any false, counterfeited, mutilated,
sweated or foreign coin, or by any means, method, trick or
device whatsoever not lawfully authorized by the owner,
lessee, or licensee of such machine, coin-box telephone or
other receptacle designed to receive lawful coin of the
United States of America in connection with the sale, use or
enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or
(2002 Ed.)
Telecommunications Crime
enjoyment of any telephone or telegraph facilities or service
without depositing in and surrendering to such machine,
coin-box telephone or receptacle lawful coin of the United
States of America to the amount required therefor by the
owner, lessee or licensee of such machine, coin-box telephone or receptacle, shall be guilty of a misdemeanor.
[1929 c 184 § 1; RRS § 5842-1. Formerly RCW 9.45.180.]
9.26A.130 Penalty for manufacture or sale of slugs
to be used for coin. Any person who, with intent to cheat
or defraud the owner, lessee, licensee or other person entitled
to the contents of any coin-box telephone or other receptacle,
depository or contrivance, designed to receive lawful coin of
the United States of America in connection with the sale, use
or enjoyment of property or service, or who, knowing or
having cause to believe, that the same is intended for
unlawful use, shall manufacture for sale, or sell or give away
any slug, device, or substance whatsoever intended or
calculated to be placed or deposited in any coin-box telephone or other such receptacle, depository or contrivance,
shall be guilty of a misdemeanor. [1929 c 184 § 2; RRS §
5842-2. Formerly RCW 9.45.190.]
9.26A.900 Severability—1990 c 11. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 11 § 6.]
Chapter 9.27
INTERFERENCE WITH COURT
Sections
9.27.015
Interference, obstruction of any court, building, or residence—Violations.
Disturbing school or school meeting: RCW 28A.635.030.
9.27.015 Interference, obstruction of any court,
building, or residence—Violations. Whoever, interfering
with, obstructing, or impeding the administration of justice,
pickets or parades in or near a building housing a court of
the state of Washington or any political subdivision thereof,
or in or near a building or residence occupied or used by
such judge, juror, witness, or court officer, or uses any
sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be
guilty of a gross misdemeanor.
Nothing in this section shall interfere with or prevent
the exercise by any court of the state of Washington or any
political subdivision thereof of its power to punish for
contempt. [1971 ex.s. c 302 § 16.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
Chapter 9.31
ESCAPED PRISONER RECAPTURED
(Formerly: Escape)
Sections
9.31.090
(2002 Ed.)
Escaped prisoner recaptured.
9.26A.120
Escape: RCW 9A.76.110 through 9A.76.130.
Limitation of action against officer for permitting escape: RCW 4.16.110.
Parole-revoked offender as escapee: RCW 9.95.130.
Prisoners—Correctional institutions: Chapter 9.94 RCW.
9.31.090 Escaped prisoner recaptured. Every person
in custody, under sentence of imprisonment for any crime,
who shall escape from custody, may be recaptured and
imprisoned for a term equal to the unexpired portion of the
original term. [1909 c 249 § 89; RRS § 2341.]
Indeterminate sentences: Chapter 9.95 RCW.
Chapter 9.35
IDENTITY CRIMES
Sections
9.35.001
Finding—Intent.
9.35.005
Definitions.
9.35.010
Improperly obtaining financial information.
9.35.020
Identity theft.
9.35.030
Soliciting undesired mail.
9.35.040
Information available to victim.
9.35.800
Application of Consumer Protection Act.
9.35.900
Effective date—1999 c 368.
9.35.901
Captions not law—1999 c 368.
9.35.902
Severability—1999 c 368.
Block of information appearing as result of identity theft: RCW 19.182.160.
9.35.001 Finding—Intent. The legislature finds that
financial information is personal and sensitive information
that if unlawfully obtained by others may do significant
harm to a person’s privacy, financial security, and other
interests. The legislature finds that unscrupulous persons
find ever more clever ways, including identity theft, to
improperly obtain and use financial information. The
legislature intends to penalize unscrupulous people for
improperly obtaining financial information. [1999 c 368 §
1.]
9.35.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Financial information" means any of the following
information identifiable to the individual that concerns the
amount and conditions of an individual’s assets, liabilities,
or credit:
(a) Account numbers and balances;
(b) Transactional information concerning an account;
and
(c) Codes, passwords, social security numbers, tax
identification numbers, driver’s license or permit numbers,
state identicard numbers issued by the department of
licensing, and other information held for the purpose of
account access or transaction initiation.
(2) "Financial information repository" means a person
engaged in the business of providing services to customers
who have a credit, deposit, trust, stock, or other financial
account or relationship with the person.
(3) "Means of identification" means information or an
item that is not describing finances or credit but is personal
to or identifiable with an individual or other person, including: A current or former name of the person, telephone
[Title 9 RCW—page 13]
9.35.005
Title 9 RCW: Crimes and Punishments
number, an electronic address, or identifier of the individual
or a member of his or her family, including the ancestor of
the person; information relating to a change in name,
address, telephone number, or electronic address or identifier
of the individual or his or her family; a social security,
driver’s license, or tax identification number of the individual or a member of his or her family; and other information
that could be used to identify the person, including unique
biometric data.
(4) "Person" means a person as defined in RCW
9A.04.110.
(5) "Victim" means a person whose means of identification or financial information has been used or transferred
with the intent to commit, or to aid or abet, any unlawful
activity. [2001 c 217 § 1.]
Captions not law—2001 c 217: "Captions used in this act are not
any part of the law." [2001 c 217 § 14.]
9.35.010 Improperly obtaining financial information. (1) No person may obtain or attempt to obtain, or
cause to be disclosed or attempt to cause to be disclosed to
any person, financial information from a financial information repository, financial services provider, merchant,
corporation, trust, partnership, or unincorporated association:
(a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or
agent of a financial information repository with the intent to
deceive the officer, employee, or agent into relying on that
statement or representation for purposes of releasing the
financial information;
(b) By knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial
information repository, financial services provider, merchant,
corporation, trust, partnership, or unincorporated association
with the intent to deceive the customer into releasing
financial information or authorizing the release of such
information;
(c) By knowingly providing any document to an officer,
employee, or agent of a financial information repository,
financial services provider, merchant, corporation, trust,
partnership, or unincorporated association, knowing that the
document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent
statement or representation, if the document is provided with
the intent to deceive the officer, employee, or agent to
release the financial information.
(2) No person may request another person to obtain
financial information from a financial information repository,
financial services provider, merchant, corporation, trust,
partnership, or unincorporated association and knows or
should have known that the person will obtain or attempt to
obtain the information from the financial institution repository, financial services provider, merchant, corporation, trust,
partnership, or unincorporated association in any manner
described in subsection (1) of this section.
(3) No provision of this section shall be construed so as
to prevent any action by a law enforcement agency, or any
officer, employee, or agent of such agency, or any action of
an agent of the financial information repository, financial
services provider, merchant, corporation, trust, partnership,
or unincorporated association when working in conjunction
with a law enforcement agency.
[Title 9 RCW—page 14]
(4) This section does not apply to:
(a) Efforts by the financial information repository to test
security procedures or systems of the financial institution
repository for maintaining the confidentiality of customer
information;
(b) Investigation of alleged employee misconduct or
negligence; or
(c) Efforts to recover financial or personal information
of the financial institution obtained or received by another
person in any manner described in subsection (1) or (2) of
this section.
(5) Violation of this section is a class C felony.
(6) A person who violates this section is liable for five
hundred dollars or actual damages, whichever is greater, and
reasonable attorneys’ fees. [2001 c 217 § 8; 1999 c 368 §
2.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.020 Identity theft. (1) No person may knowingly obtain, possess, use, or transfer a means of identification
or financial information of another person, living or dead,
with the intent to commit, or to aid or abet, any crime.
(2)(a) Violation of this section when the accused or an
accomplice uses the victim’s means of identification or
financial information and obtains an aggregate total of credit,
money, goods, services, or anything else of value in excess
of one thousand five hundred dollars in value shall constitute
identity theft in the first degree. Identity theft in the first
degree is a class B felony.
(b) Violation of this section when the accused or an
accomplice uses the victim’s means of identification or
financial information and obtains an aggregate total of credit,
money, goods, services, or anything else of value that is less
than one thousand five hundred dollars in value, or when no
credit, money, goods, services, or anything of value is
obtained shall constitute identity theft in the second degree.
Identity theft in the second degree is a class C felony.
(3) A person who violates this section is liable for civil
damages of five hundred dollars or actual damages, whichever is greater, including costs to repair the victim’s credit
record, and reasonable attorneys’ fees as determined by the
court.
(4) In a proceeding under this section, the crime will be
considered to have been committed in any locality where the
person whose means of identification or financial information was appropriated resides, or in which any part of the
offense took place, regardless of whether the defendant was
ever actually in that locality.
(5) The provisions of this section do not apply to any
person who obtains another person’s driver’s license or other
form of identification for the sole purpose of misrepresenting
his or her age.
(6) In a proceeding under this section in which a
person’s means of identification or financial information was
used without that person’s authorization, and when there has
been a conviction, the sentencing court may issue such
orders as are necessary to correct a public record that
contains false information resulting from a violation of this
section. [2001 c 217 § 9; 1999 c 368 § 3.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
(2002 Ed.)
Identity Crimes
9.35.030 Soliciting undesired mail. (1) It is unlawful
for any person to knowingly use a means of identification or
financial information of another person to solicit undesired
mail with the intent to annoy, harass, intimidate, torment, or
embarrass that person.
(2) Violation of this section is a misdemeanor.
(3) Additionally, a person who violates this section is
liable for civil damages of five hundred dollars or actual
damages, including costs to repair the person’s credit record,
whichever is greater, and reasonable attorneys’ fees as determined by the court. [2001 c 217 § 10; 2000 c 77 § 1.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.040 Information available to victim. (1) A
person, financial information repository, financial service
provider, merchant, corporation, trust, partnership, or
unincorporated association possessing information relating to
an actual or potential violation of this chapter, and who may
have entered into a transaction, provided credit, products,
goods, or services, accepted payment, or otherwise done
business with a person who has used the victim’s means of
identification, must, upon written request of the victim,
provide copies of all relevant application and transaction
information related to the transaction being alleged as a
potential or actual violation of this chapter. Nothing in this
section requires the information provider to disclose information that it is otherwise prohibited from disclosing by law,
except that a law that prohibits disclosing a person’s information to third parties shall not be used to deny disclosure
of such information to the victim under this section.
(2) Unless the information provider is otherwise willing
to verify the victim’s identification, the victim shall provide
the following as proof of positive identification:
(a) The showing of a government-issued photo identification card or, if providing proof by mail, a copy of a
government-issued photo identification card;
(b) A copy of a filed police report evidencing the
victim’s claim; and
(c) A written statement from the state patrol showing
that the state patrol has on file documentation of the victim’s
identity pursuant to the personal identification procedures in
RCW 43.43.760.
(3) The provider may require compensation for the
reasonable cost of providing the information requested.
(4) No person, financial information repository, financial
service provider, merchant, corporation, trust, partnership, or
unincorporated association may be held liable for an action
taken in good faith to provide information regarding potential or actual violations of this chapter to other financial
information repositories, financial service providers, merchants, law enforcement authorities, victims, or any persons
alleging to be a victim who comply with subsection (2) of
this section which evidences the alleged victim’s claim for
the purpose of identification and prosecution of violators of
this chapter, or to assist a victim in recovery of fines,
restitution, rehabilitation of the victim’s credit, or such other
relief as may be appropriate.
(5) A person, financial information repository, financial
service provider, merchant, corporation, trust, partnership, or
unincorporated association may decline to provide information pursuant to this section when, in the exercise of good
(2002 Ed.)
9.35.030
faith and reasonable judgment, it believes this section does
not require disclosure of the information.
(6) Nothing in this section creates an obligation on the
part of a person, financial information repository, financial
services provider, merchant, corporation, trust, partnership,
or unincorporated association to retain or maintain information or records that they are not otherwise required to retain
or maintain in the ordinary course of its business.
(7) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest
for the purpose of applying the Consumer Protection Act,
chapter 19.86 RCW. Violations of this section are not
reasonable in relation to the development and preservation of
business. It is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose
of applying the Consumer Protection Act, chapter 19.86
RCW. The burden of proof in an action alleging a violation
of this section shall be by a preponderance of the evidence,
and the applicable statute of limitation shall be as set forth
in RCW 19.182.120. For purposes of a judgment awarded
pursuant to an action by a consumer under chapter 19.86
RCW, the consumer shall be awarded actual damages.
However, where there has been willful failure to comply
with any requirement imposed under this section, the
consumer shall be awarded actual damages, a monetary
penalty of one thousand dollars, and the costs of the action
together with reasonable attorneys’ fees as determined by the
court. [2001 c 217 § 2.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.800 Application of Consumer Protection Act.
The legislature finds that the practices covered by RCW
9.35.010 and 9.35.020 are matters vitally affecting the public
interest for the purpose of applying the Consumer Protection
Act, chapter 19.86 RCW. Violations of RCW 9.35.010 or
9.35.020 are not reasonable in relation to the development
and preservation of business. A violation of RCW 9.35.010
or 9.35.020 is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose
of applying the Consumer Protection Act, chapter 19.86
RCW.
Nothing in RCW 9.35.010 or 9.35.020 limits a victim’s
ability to receive treble damages under RCW 19.86.090.
[2001 c 217 § 7.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.900 Effective date—1999 c 368. This act takes
effect January 1, 2000. [1999 c 368 § 4.]
9.35.901 Captions not law—1999 c 368. Captions
used in this chapter are not part of the law. [1999 c 368 §
5.]
9.35.902 Severability—1999 c 368. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1999 c 368 § 6.]
[Title 9 RCW—page 15]
Chapter 9.38
Title 9 RCW: Crimes and Punishments
Chapter 9.38
FALSE REPRESENTATIONS
Sections
9.38.010
False representation concerning credit.
9.38.015
False statement by deposit account applicant.
9.38.020
False representation concerning title.
9.38.060
Digital signature violations.
County commissioners, falsifying inventory: RCW 36.32.220.
Domestic insurers, corrupt practices: RCW 48.06.190.
Elections
falsification by voters: Chapter 29.85 RCW.
initiative and referendum petitions: RCW 29.79.440.
recall petitions: Chapter 29.82 RCW.
Employment, obtaining by false recommendation: RCW 49.44.040.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
Fraud: Chapter 9A.60 RCW.
Honey act, falsification: RCW 69.28.180.
Insurance, unfair practices: Chapter 48.30 RCW.
Liquor permit falsification: RCW 66.20.200.
Marriage affidavit: RCW 26.04.210.
Motor vehicles, certificates of ownership: RCW 46.12.210, 46.12.220.
Pharmacy licensing: RCW 18.64.250.
Public assistance falsification: RCW 74.08.055.
Warehouse receipts and documents, falsifying: Chapter 22.32 RCW.
9.38.010 False representation concerning credit.
Every person who, with intent thereby to obtain credit or
financial rating, shall wilfully make any false statement in
writing of his assets or liabilities to any person with whom
he may be either actually or prospectively engaged in any
business transaction or to any commercial agency or other
person engaged in the business of collecting or disseminating
information concerning financial or commercial ratings, shall
be guilty of a misdemeanor. [1909 c 249 § 368; RRS §
2620.]
9.38.015 False statement by deposit account applicant. (1) It is a gross misdemeanor for a deposit account
applicant to knowingly make any false statement to a financial institution regarding:
(a) The applicant’s identity;
(b) Past convictions for crimes involving fraud or deception; or
(c) Outstanding judgments on checks or drafts issued by
the applicant.
(2) Each violation of subsection (1) of this section after
the third violation is a class C felony punishable as provided
in chapter 9A.20 RCW. [1995 c 186 § 4.]
Severability—1995 c 186: See RCW 30.22.901.
9.38.020 False representation concerning title.
Every person who shall maliciously or fraudulently execute
or file for record any instrument, or put forward any claim,
by which the right or title of another to any real or personal
property is, or purports to be transferred, encumbered or
clouded, shall be guilty of a gross misdemeanor. [2000 c
250 § 9A-821; 1909 c 249 § 369; RRS § 2621.]
Effective date—2000 c 250: See RCW 62A.9A-701.
[Title 9 RCW—page 16]
9.38.060 Digital signature violations. (1) A person
shall not knowingly misrepresent the person’s identity or
authorization to obtain a public key certificate used to
reference a private key for creating a digital signature.
(2) A person shall not knowingly forge a digital
signature as defined in RCW 19.34.020(16).
(3) A person shall not knowingly present a public key
certificate for which the person is not the owner of the
corresponding private key in order to obtain unauthorized
access to information or engage in an unauthorized transaction.
(4) The definitions in RCW 19.34.020 apply to this
section.
(5) A person who violates this section is guilty of a
class C felony punishable under chapter 9A.20 RCW. [2001
c 39 § 1.]
Chapter 9.40
FIRE, CRIMES RELATING TO
Sections
9.40.040
9.40.100
Operating engine or boiler without spark arrester.
Tampering with fire alarm or fire fighting equipment—False
alarm—Penalties.
9.40.110
Incendiary devices—Definitions.
9.40.120
Incendiary devices—Penalty.
9.40.130
Incendiary devices—Exceptions.
Arson: Chapter 9A.48 RCW.
Burning without permit in fire protection district—Penalty: RCW
52.12.101, 52.12.105.
County fire regulations: RCW 36.43.040.
Doors of buildings used by public: RCW 70.54.070.
Explosives, crimes relating to: Chapter 70.74 RCW.
Forest fire protection: Chapter 76.04 RCW.
Fraudulent destruction of insured property: RCW 48.30.220.
Special rights of action: Chapter 4.24 RCW.
State parks, fire violations: RCW 79A.05.165.
9.40.040 Operating engine or boiler without spark
arrester. Every person who shall operate or permit to be
operated in dangerous proximity to any brush, grass or other
inflammable material, any spark-emitting engine or boiler
which is not equipped with a modern spark-arrester, in good
condition, shall be guilty of a misdemeanor. [1929 c 172 §
1; 1909 c 249 § 272; RRS § 2524.]
9.40.100 Tampering with fire alarm or fire fighting
equipment—False alarm—Penalties. (1) Any person who
willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency
phone, radio, or other wire or signal, or any fire fighting
equipment, or who willfully and without having reasonable
grounds for believing a fire exists, sends, gives, transmits, or
sounds any false alarm of fire, by shouting in a public place
or by means of any public or private fire alarm system or
signal, or by telephone, is guilty of a misdemeanor. This
provision shall not prohibit the testing of fire alarm systems
by persons authorized to do so, by a fire department or the
chief of the Washington state patrol, through the director of
fire protection.
(2002 Ed.)
Fire, Crimes Relating to
(2) Any person who willfully and without cause tampers
with, molests, injures, or breaks any public or private fire
alarm apparatus, emergency phone, radio, or other wire or
signal, or any fire fighting equipment with the intent to
commit arson, is guilty of a felony. [1995 c 369 § 3; 1990
c 177 § 1; 1986 c 266 § 80; 1967 c 204 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1990 c 177: See RCW 18.160.902.
Severability—1986 c 266: See note following RCW 38.52.005.
9.40.110 Incendiary devices—Definitions. For the
purposes of RCW 9.40.110 through 9.40.130, as now or
hereafter amended, unless the context indicates otherwise:
(1) "Disposes of" means to give, give away, loan, offer,
offer for sale, sell, or transfer.
(2) "Incendiary device" means any material, substance,
device, or combination thereof which is capable of supplying
the initial ignition and/or fuel for a fire and is designed to be
used as an instrument of wilful destruction. However, no
device commercially manufactured primarily for the purpose
of illumination shall be deemed to be an incendiary device
for purposes of this section. [1971 ex.s. c 302 § 3; 1969
ex.s. c 79 § 2.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
9.40.120 Incendiary devices—Penalty. Every person
who possesses, manufactures, or disposes of an incendiary
device knowing it to be such is guilty of a felony, and upon
conviction, shall be punished by imprisonment in a state
prison for a term of not more than ten years. [1999 c 352
§ 5; 1971 ex.s. c 302 § 4; 1969 ex.s. c 79 § 3.]
Application—1999 c 352 §§ 3-5: See note following RCW
9.94A.515.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
9.40.130 Incendiary devices—Exceptions. RCW
9.40.120, as now or hereafter amended, shall not prohibit the
authorized use or possession of any material, substance, or
device described therein by a member of the armed forces of
the United States or by firemen, or peace officers, nor shall
these sections prohibit the use or possession of any material,
substance, or device described therein when used solely for
scientific research or educational purposes or for any lawful
purpose. RCW 9.40.120, as now or hereafter amended, shall
not prohibit the manufacture or disposal of an incendiary
device for the parties or purposes described in this section.
[1971 ex.s. c 302 § 5; 1969 ex.s. c 79 § 4.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
Chapter 9.41
FIREARMS AND DANGEROUS WEAPONS
Sections
9.41.010
9.41.040
9.41.042
9.41.045
9.41.047
9.41.050
9.41.060
9.41.070
(2002 Ed.)
Terms defined.
Unlawful possession of firearms—Ownership, possession by
certain persons.
Children—Permissible firearm possession.
Possession by offenders.
Restoration of possession rights.
Carrying firearms.
Exceptions to restrictions on carrying firearms.
Concealed pistol license—Application—Fee—Renewal.
9.40.100
9.41.075
9.41.080
9.41.090
9.41.094
9.41.097
Concealed pistol license—Revocation.
Delivery to ineligible persons.
Dealer deliveries regulated—Hold on delivery.
Waiver of confidentiality.
Supplying information on persons purchasing pistols or
applying for concealed pistol licenses.
9.41.0975 Officials and agencies—Immunity, writ of mandamus.
9.41.098
Forfeiture of firearms—Disposition—Confiscation.
9.41.100
Dealer licensing and registration required.
9.41.110
Dealer’s licenses, by whom granted, conditions, fees—
Employees, fingerprinting and background checks—
Wholesale sales excepted—Permits prohibited.
9.41.120
Firearms as loan security.
9.41.122
Out-of-state purchasing.
9.41.124
Purchasing by nonresidents.
9.41.129
Recordkeeping requirements.
9.41.135
Verification of licenses and registration—Notice to federal
government.
9.41.140
Alteration of identifying marks—Exceptions.
9.41.170
Alien’s license to carry firearms—Exception.
9.41.185
Coyote getters.
9.41.190
Unlawful firearms—Exceptions.
9.41.220
Unlawful firearms and parts contraband.
9.41.225
Use of machine gun in felony—Penalty.
9.41.230
Aiming or discharging firearms, dangerous weapons.
9.41.240
Possession of pistol by person from eighteen to twenty-one.
9.41.250
Dangerous weapons—Penalty.
9.41.260
Dangerous exhibitions.
9.41.270
Weapons apparently capable of producing bodily harm—
Unlawful carrying or handling—Penalty—Exceptions.
9.41.280
Possessing dangerous weapons on school facilities—
Penalty—Exceptions.
9.41.290
State preemption.
9.41.300
Weapons prohibited in certain places—Local laws and ordinances—Exceptions—Penalty.
9.41.310
Information pamphlet.
9.41.320
Fireworks.
9.41.800
Surrender of weapons or licenses—Prohibition on future
possession or licensing.
9.41.810
Penalty.
Carrying loaded firearm in vehicle: RCW 77.15.460.
Explosives: Chapter 70.74 RCW.
Possessing a stolen firearm: RCW 9A.56.310.
Shooting firearm from, across, or along public highway: RCW 77.15.460.
Theft of a firearm: RCW 9A.56.300.
9.41.010 Terms defined. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Firearm" means a weapon or device from which a
projectile or projectiles may be fired by an explosive such as
gunpowder.
(2) "Pistol" means any firearm with a barrel less than
sixteen inches in length, or is designed to be held and fired
by the use of a single hand.
(3) "Rifle" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder
and designed or redesigned, made or remade, and intended
to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any
weapon made from a rifle by any means of modification if
such modified weapon has an overall length of less than
twenty-six inches.
(5) "Shotgun" means a weapon with one or more
barrels, designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or rede[Title 9 RCW—page 17]
9.41.010
Title 9 RCW: Crimes and Punishments
signed, made or remade, and intended to use the energy of
the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) "Short-barreled shotgun" means a shotgun having
one or more barrels less than eighteen inches in length and
any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less
than twenty-six inches.
(7) "Machine gun" means any firearm known as a
machine gun, mechanical rifle, submachine gun, or any other
mechanism or instrument not requiring that the trigger be
pressed for each shot and having a reservoir clip, disc, drum,
belt, or other separable mechanical device for storing,
carrying, or supplying ammunition which can be loaded into
the firearm, mechanism, or instrument, and fired therefrom
at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a
firearm not designed or redesigned for using rim fire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including any matchlock,
flintlock, percussion cap, or similar type of ignition system
and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if
the firearm is a revolver;
(d) There is a cartridge in the tube or magazine that is
inserted in the action; or
(e) There is a ball in the barrel and the firearm is
capped or primed if the firearm is a muzzle loader.
(10) "Dealer" means a person engaged in the business
of selling firearms at wholesale or retail who has, or is
required to have, a federal firearms license under 18 U.S.C.
Sec. 923(a). A person who does not have, and is not
required to have, a federal firearms license under 18 U.S.C.
Sec. 923(a), is not a dealer if that person makes only
occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or sells
all or part of his or her personal collection of firearms.
(11) "Crime of violence" means:
(a) Any of the following felonies, as now existing or
hereafter amended: Any felony defined under any law as a
class A felony or an attempt to commit a class A felony,
criminal solicitation of or criminal conspiracy to commit a
class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by
forcible compulsion, kidnapping in the second degree, arson
in the second degree, assault in the second degree, assault of
a child in the second degree, extortion in the first degree,
burglary in the second degree, residential burglary, and
robbery in the second degree;
(b) Any conviction for a felony offense in effect at any
time prior to June 6, 1996, which is comparable to a felony
classified as a crime of violence in (a) of this subsection;
and
[Title 9 RCW—page 18]
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence
under (a) or (b) of this subsection.
(12) "Serious offense" means any of the following
felonies or a felony attempt to commit any of the following
felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled
substances act, chapter 69.50 RCW, that is classified as a
class B felony or that has a maximum term of imprisonment
of at least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age
fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a
reckless manner;
(m) Any other class B felony offense with a finding of
sexual motivation, as "sexual motivation" is defined under
RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict
under *RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to
June 6, 1996, that is comparable to a serious offense, or any
federal or out-of-state conviction for an offense that under
the laws of this state would be a felony classified as a
serious offense.
(13) "Law enforcement officer" includes a general
authority Washington peace officer as defined in RCW
10.93.020, or a specially commissioned Washington peace
officer as defined in RCW 10.93.020. "Law enforcement
officer" also includes a limited authority Washington peace
officer as defined in RCW 10.93.020 if such officer is duly
authorized by his or her employer to carry a concealed
pistol.
(14) "Felony" means any felony offense under the laws
of this state or any federal or out-of-state offense comparable
to a felony offense under the laws of this state.
(15) "Sell" refers to the actual approval of the delivery
of a firearm in consideration of payment or promise of
payment of a certain price in money.
(16) "Barrel length" means the distance from the bolt
face of a closed action down the length of the axis of the
bore to the crown of the muzzle, or in the case of a barrel
with attachments to the end of any legal device permanently
attached to the end of the muzzle.
(17) "Family or household member" means "family" or
"household member" as used in RCW 10.99.020. [2001 c
300 § 2; 1997 c 338 § 46; 1996 c 295 § 1. Prior: 1994
sp.s. c 7 § 401; 1994 c 121 § 1; prior: 1992 c 205 § 117;
(2002 Ed.)
Firearms and Dangerous Weapons
1992 c 145 § 5; 1983 c 232 § 1; 1971 ex.s. c 302 § 1; 1961
c 124 § 1; 1935 c 172 § 1; RRS § 2516-1.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: "Sections 401 through 410, 413 through 416, 418 through 437,
and 439 through 460 of this act shall take effect July 1, 1994." [1994 sp.s.
c 7 § 916.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Severability—1983 c 232: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 232 § 14.]
Severability—1971 ex.s. c 302: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 302 § 35.]
Severability—1961 c 124: "If any part of this act is for any reason
declared void, such invalidity shall not affect the validity of the remaining
portions of this act." [1961 c 124 § 13.]
Preemption and general repealer—1961 c 124: "All laws or parts
of laws of the state of Washington, its subdivisions and municipalities
inconsistent herewith are hereby preempted and repealed." [1961 c 124 §
14.]
Short title—1935 c 172: "This act may be cited as the ’Uniform
Firearms Act.’" [1935 c 172 § 18.]
Severability—1935 c 172: "If any part of this act is for any reason
declared void, such invalidity shall not affect the validity of the remaining
portions of this act." [1935 c 172 § 17.]
Construction—1935 c 172: "This act shall be so interpreted and
construed as to effectuate its general purpose to make uniform the law of
those states which enact it." [1935 c 172 § 19.]
9.41.040 Unlawful possession of firearms—
Ownership, possession by certain persons. (1)(a) A person, whether an adult or juvenile, is guilty of the crime of
unlawful possession of a firearm in the first degree, if the
person owns, has in his or her possession, or has in his or
her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as
defined in this chapter.
(b) A person, whether an adult or juvenile, is guilty of
the crime of unlawful possession of a firearm in the second
degree, if the person does not qualify under (a) of this
subsection for the crime of unlawful possession of a firearm
in the first degree and the person owns, has in his or her
possession, or has in his or her control any firearm:
(i) After having previously been convicted in this state
or elsewhere of any felony not specifically listed as prohibiting firearm possession under (a) of this subsection, or any of
the following crimes when committed by one family or
household member against another, committed on or after
July 1, 1993: Assault in the fourth degree, coercion,
stalking, reckless endangerment, criminal trespass in the first
degree, or violation of the provisions of a protection order or
no-contact order restraining the person or excluding the
person from a residence (RCW 26.50.060, 26.50.070,
26.50.130, or 10.99.040);
(2002 Ed.)
9.41.010
(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320,
71.34.090, chapter 10.77 RCW, or equivalent statutes of
another jurisdiction, unless his or her right to possess a
firearm has been restored as provided in RCW 9.41.047;
(iii) If the person is under eighteen years of age, except
as provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious
offense as defined in RCW 9.41.010.
(2)(a) Unlawful possession of a firearm in the first
degree is a class B felony, punishable under chapter 9A.20
RCW.
(b) Unlawful possession of a firearm in the second
degree is a class C felony, punishable under chapter 9A.20
RCW.
(3) Notwithstanding RCW 9.41.047 or any other
provisions of law, as used in this chapter, a person has been
"convicted", whether in an adult court or adjudicated in a
juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding
the pendency of any future proceedings including but not
limited to sentencing or disposition, post-trial or postfactfinding motions, and appeals. Conviction includes a
dismissal entered after a period of probation, suspension or
deferral of sentence, and also includes equivalent dispositions
by courts in jurisdictions other than Washington state. A
person shall not be precluded from possession of a firearm
if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the
person convicted or the conviction or disposition has been
the subject of a pardon, annulment, or other equivalent
procedure based on a finding of innocence. Where no
record of the court’s disposition of the charges can be found,
there shall be a rebuttable presumption that the person was
not convicted of the charge.
(4) Notwithstanding subsection (1) of this section, a
person convicted of an offense prohibiting the possession of
a firearm under this section other than murder, manslaughter,
robbery, rape, indecent liberties, arson, assault, kidnapping,
extortion, burglary, or violations with respect to controlled
substances under RCW 69.50.401(a) and 69.50.410, who
received a probationary sentence under RCW 9.95.200, and
who received a dismissal of the charge under RCW
9.95.240, shall not be precluded from possession of a firearm
as a result of the conviction. Notwithstanding any other
provisions of this section, if a person is prohibited from
possession of a firearm under subsection (1) of this section
and has not previously been convicted of a sex offense
prohibiting firearm ownership under subsection (1) of this
section and/or any felony defined under any law as a class
A felony or with a maximum sentence of at least twenty
years, or both, the individual may petition a court of record
to have his or her right to possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction was for a felony offense, after
five or more consecutive years in the community without
being convicted or currently charged with any felony, gross
misdemeanor, or misdemeanor crimes, if the individual has
no prior felony convictions that prohibit the possession of a
[Title 9 RCW—page 19]
9.41.040
Title 9 RCW: Crimes and Punishments
firearm counted as part of the offender score under *RCW
9.94A.525; or
(ii) If the conviction was for a nonfelony offense, after
three or more consecutive years in the community without
being convicted or currently charged with any felony, gross
misdemeanor, or misdemeanor crimes, if the individual has
no prior felony convictions that prohibit the possession of a
firearm counted as part of the offender score under *RCW
9.94A.525 and the individual has completed all conditions of
the sentence.
(5) In addition to any other penalty provided for by law,
if a person under the age of eighteen years is found by a
court to have possessed a firearm in a vehicle in violation of
subsection (1) of this section or to have committed an
offense while armed with a firearm during which offense a
motor vehicle served an integral function, the court shall
notify the department of licensing within twenty-four hours
and the person’s privilege to drive shall be revoked under
RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be
construed or interpreted as preventing an offender from
being charged and subsequently convicted for the separate
felony crimes of theft of a firearm or possession of a stolen
firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession
of a firearm in the first or second degree. Notwithstanding
any other law, if the offender is convicted under this section
for unlawful possession of a firearm in the first or second
degree and for the felony crimes of theft of a firearm or
possession of a stolen firearm, or both, then the offender
shall serve consecutive sentences for each of the felony
crimes of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section
shall be a separate offense. [1997 c 338 § 47; 1996 c 295
§ 2. Prior: 1995 c 129 § 16 (Initiative Measure No. 159);
1994 sp.s. c 7 § 402; prior: 1992 c 205 § 118; 1992 c 168
§ 2; 1983 c 232 § 2; 1961 c 124 § 3; 1935 c 172 § 4; RRS
§ 2516-4.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Severability—1992 c 168: See note following RCW 9.41.070.
Severability—1983 c 232: See note following RCW 9.41.010.
9.41.042 Children—Permissible firearm possession.
RCW 9.41.040(1)(b)(iii) shall not apply to any person under
the age of eighteen years who is:
(1) In attendance at a hunter’s safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target
shooting at an established range authorized by the governing
[Title 9 RCW—page 20]
body of the jurisdiction in which such range is located or
any other area where the discharge of a firearm is not
prohibited;
(3) Engaging in an organized competition involving the
use of a firearm, or participating in or practicing for a
performance by an organized group that uses firearms as a
part of the performance;
(4) Hunting or trapping under a valid license issued to
the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is
permitted, is not trespassing, and the person either: (a) Is at
least fourteen years of age, has been issued a hunter safety
certificate, and is using a lawful firearm other than a pistol;
or (b) is under the supervision of a parent, guardian, or other
adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person’s
possession to or from any activity described in subsection
(1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her
parent, other relative, or legal guardian and who has the
permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission
of his or her parent or legal guardian, possesses a firearm for
the purpose of exercising the rights specified in RCW
9A.16.020(3); or
(9) Is a member of the armed forces of the United
States, national guard, or organized reserves, when on duty.
[1999 c 143 § 2; 1994 sp.s. c 7 § 403.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.045 Possession by offenders. As a sentence
condition and requirement, offenders under the supervision
of the department of corrections pursuant to chapter 9.94A
RCW shall not own, use, or possess firearms or ammunition.
In addition to any penalty imposed pursuant to RCW
9.41.040 when applicable, offenders found to be in actual or
constructive possession of firearms or ammunition shall be
subject to the appropriate violation process and sanctions as
provided for in *RCW 9.94A.634. Firearms or ammunition
owned, used, or possessed by offenders may be confiscated
by community corrections officers and turned over to the
Washington state patrol for disposal as provided in RCW
9.41.098. [1991 c 221 § 1.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
9.41.047 Restoration of possession rights. (1) At the
time a person is convicted of an offense making the person
ineligible to possess a firearm, or at the time a person is
committed by court order under RCW 71.05.320, 71.34.090,
or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally
and in writing, that the person must immediately surrender
any concealed pistol license and that the person may not
possess a firearm unless his or her right to do so is restored
by a court of record.
The convicting or committing court also shall forward
a copy of the person’s driver’s license or identicard, or
(2002 Ed.)
Firearms and Dangerous Weapons
comparable information, to the department of licensing,
along with the date of conviction or commitment.
(2) Upon receipt of the information provided for by
subsection (1) of this section, the department of licensing
shall determine if the convicted or committed person has a
concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall
immediately notify the license-issuing authority which, upon
receipt of such notification, shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a
firearm, by reason of having been involuntarily committed
for mental health treatment under RCW 71.05.320,
71.34.090, chapter 10.77 RCW, or equivalent statutes of
another jurisdiction may, upon discharge, petition a court of
record to have his or her right to possess a firearm restored.
At the time of commitment, the court shall specifically state
to the person that he or she is barred from possession of
firearms.
(b) The secretary of social and health services shall
develop appropriate rules to create an approval process under
this subsection. The rules must provide for the restoration
of the right to possess a firearm upon a showing in a court
of competent jurisdiction that the person is no longer required to participate in an inpatient or outpatient treatment
program, is no longer required to take medication to treat
any condition related to the commitment, and does not
present a substantial danger to himself or herself, others, or
the public. Unlawful possession of a firearm under this
subsection shall be punished as a class C felony under
chapter 9A.20 RCW.
(c) A person petitioning the court under this subsection
(3) shall bear the burden of proving by a preponderance of
the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.
[1996 c 295 § 3. Prior: 1994 sp.s. c 7 § 404.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.050 Carrying firearms. (1)(a) Except in the
person’s place of abode or fixed place of business, a person
shall not carry a pistol concealed on his or her person
without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol
license in his or her immediate possession at all times that
he or she is required by this section to have a concealed
pistol license and shall display the same upon demand to any
police officer or to any other person when and if required by
law to do so. Any violation of this subsection (1)(b) shall
be a class 1 civil infraction under chapter 7.80 RCW and
shall be punished accordingly pursuant to chapter 7.80 RCW
and the infraction rules for courts of limited jurisdiction.
(2) A person shall not carry or place a loaded pistol in
any vehicle unless the person has a license to carry a
concealed pistol and: (a) The pistol is on the licensee’s
person, (b) the licensee is within the vehicle at all times that
the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed
from view from outside the vehicle.
(2002 Ed.)
9.41.047
(3) A person at least eighteen years of age who is in
possession of an unloaded pistol shall not leave the unloaded
pistol in a vehicle unless the unloaded pistol is locked within
the vehicle and concealed from view from outside the
vehicle.
(4) Violation of any of the prohibitions of subsections
(2) and (3) of this section is a misdemeanor.
(5) Nothing in this section permits the possession of
firearms illegal to possess under state or federal law. [1997
c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405; 1982 1st
ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS §
2516-5.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9.41.060 Exceptions to restrictions on carrying
firearms. The provisions of RCW 9.41.050 shall not apply
to:
(1) Marshals, sheriffs, prison or jail wardens or their
deputies, or other law enforcement officers of this state or
another state;
(2) Members of the armed forces of the United States or
of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly
authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a
pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization
duly authorized to purchase or receive pistols from the
United States or from this state;
(6) Regularly enrolled members of clubs organized for
the purpose of target shooting, when those members are at
or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for
the purpose of modern and antique firearm collecting, when
those members are at or are going to or from their
collector’s gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or
horseback riding, only if, considering all of the attendant
circumstances, including but not limited to whether the
person has a valid hunting or fishing license, it is reasonable
to conclude that the person is participating in lawful outdoor
activities or is traveling to or from a legitimate outdoor
recreation area;
(9) Any person while carrying a pistol unloaded and in
a closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or
physical disabilities, except for those law enforcement
officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who
has: (a) Obtained documentation from a law enforcement
agency within Washington state from which he or she retired
that is signed by the agency’s chief law enforcement officer
and that states that the retired officer was retired for service
or physical disability; and (b) not been convicted of a crime
[Title 9 RCW—page 21]
9.41.060
Title 9 RCW: Crimes and Punishments
making him or her ineligible for a concealed pistol license.
[1998 c 253 § 2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s.
c 7 § 406; 1961 c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.070 Concealed pistol license—Application—
Fee—Renewal. (1) The chief of police of a municipality or
the sheriff of a county shall within thirty days after the filing
of an application of any person, issue a license to such
person to carry a pistol concealed on his or her person
within this state for five years from date of issue, for the
purposes of protection or while engaged in business, sport,
or while traveling. However, if the applicant does not have
a valid permanent Washington driver’s license or Washington state identification card or has not been a resident of the
state for the previous consecutive ninety days, the issuing
authority shall have up to sixty days after the filing of the
application to issue a license. The issuing authority shall not
refuse to accept completed applications for concealed pistol
licenses during regular business hours.
The applicant’s constitutional right to bear arms shall
not be denied, unless:
(a) He or she is ineligible to possess a firearm under the
provisions of RCW 9.41.040 or 9.41.045;
(b) The applicant’s concealed pistol license is in a
revoked status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction
regarding firearms pursuant to RCW 9A.46.080, 10.14.080,
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040,
26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
(e) He or she is free on bond or personal recognizance
pending trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her
arrest from any court of competent jurisdiction for a felony
or misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under
RCW 9.41.098(1)(e) within one year before filing an
application to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her
right to possess firearms restored or his or her privilege to
carry a concealed pistol restored, unless the person has been
granted relief from disabilities by the secretary of the
treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3)
or (4) applies.
(2) The issuing authority shall check with the national
crime information center, the Washington state patrol
electronic data base, the department of social and health
services electronic data base, and with other agencies or
resources as appropriate, to determine whether the applicant
is ineligible under RCW 9.41.040 or 9.41.045 to possess a
firearm and therefore ineligible for a concealed pistol
license. This subsection applies whether the applicant is
applying for a new concealed pistol license or to renew a
concealed pistol license.
(3) Any person whose firearms rights have been
restricted and who has been granted relief from disabilities
by the secretary of the treasury under 18 U.S.C. Sec. 925(c)
or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall
[Title 9 RCW—page 22]
have his or her right to acquire, receive, transfer, ship,
transport, carry, and possess firearms in accordance with
Washington state law restored except as otherwise prohibited
by this chapter.
(4) The license application shall bear the full name,
residential address, telephone number at the option of the
applicant, date and place of birth, race, gender, description,
not more than two complete sets of fingerprints, and signature of the licensee, and the licensee’s driver’s license
number or state identification card number if used for
identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver
of confidentiality and written request that the department of
social and health services, mental health institutions, and
other health care facilities release information relevant to the
applicant’s eligibility for a concealed pistol license to an
inquiring court or law enforcement agency.
The application for an original license shall include two
complete sets of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning
substantially as follows:
CAUTION: Although state and local laws do not
differ, federal law and state law on the possession
of firearms differ. If you are prohibited by federal
law from possessing a firearm, you may be prosecuted in federal court. A state license is not a
defense to a federal prosecution.
The license shall contain a description of the major
differences between state and federal law and an explanation
of the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state
law. The application shall contain questions about the
applicant’s eligibility under RCW 9.41.040 to possess a
pistol, the applicant’s place of birth, and whether the
applicant is a United States citizen. The applicant shall not
be required to produce a birth certificate or other evidence
of citizenship. A person who is not a citizen of the United
States shall meet the additional requirements of RCW
9.41.170 and produce proof of compliance with RCW
9.41.170 upon application. The license shall be in triplicate
and in a form to be prescribed by the department of licensing.
The original thereof shall be delivered to the licensee,
the duplicate shall within seven days be sent to the director
of licensing and the triplicate shall be preserved for six
years, by the authority issuing the license.
The department of licensing shall make available to law
enforcement and corrections agencies, in an on-line format,
all information received under this subsection.
(5) The nonrefundable fee, paid upon application, for
the original five-year license shall be thirty-six dollars plus
additional charges imposed by the Federal Bureau of
Investigation that are passed on to the applicant. No other
state or local branch or unit of government may impose any
additional charges on the applicant for the issuance of the
license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general
fund;
(2002 Ed.)
Firearms and Dangerous Weapons
(b) Four dollars shall be paid to the agency taking the
fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(d) Three dollars to the firearms range account in the
general fund.
(6) The nonrefundable fee for the renewal of such
license shall be thirty-two dollars. No other branch or unit
of government may impose any additional charges on the
applicant for the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general
fund;
(b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(c) Three dollars to the firearms range account in the
general fund.
(7) The nonrefundable fee for replacement of lost or
damaged licenses is ten dollars to be paid to the issuing
authority.
(8) Payment shall be by cash, check, or money order at
the option of the applicant. Additional methods of payment
may be allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee
applies for renewal within ninety days before or after the
expiration date of the license. A license so renewed shall
take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must
pay a late renewal penalty of ten dollars in addition to the
renewal fee specified in subsection (6) of this section. The
fee shall be distributed as follows:
(a) Three dollars shall be deposited in the state wildlife
fund and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms,
firearms safety, and the preemptive nature of state law, and
subsequently the support of volunteer instructors in the basic
firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to
each applicant for a license; and
(b) Seven dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter.
(10) Notwithstanding the requirements of subsections (1)
through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant’s residence
may issue a temporary emergency license for good cause
pending review under subsection (1) of this section.
However, a temporary emergency license issued under this
subsection shall not exempt the holder of the license from
any records check requirement. Temporary emergency
licenses shall be easily distinguishable from regular licenses.
(11) A political subdivision of the state shall not modify
the requirements of this section or chapter, nor may a
political subdivision ask the applicant to voluntarily submit
any information not required by this section.
(12) A person who knowingly makes a false statement
regarding citizenship or identity on an application for a
concealed pistol license is guilty of false swearing under
RCW 9A.72.040. In addition to any other penalty provided
for by law, the concealed pistol license of a person who
knowingly makes a false statement shall be revoked, and the
person shall be permanently ineligible for a concealed pistol
license.
(2002 Ed.)
9.41.070
(13) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the
applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the
applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident. [2002 c 302 § 703; 1999 c 222 § 2; 1996 c 295 § 6;
1995 c 351 § 1. Prior: 1994 sp.s. c 7 § 407; 1994 c 190 §
2; 1992 c 168 § 1; 1990 c 195 § 6; prior: 1988 c 263 § 10;
1988 c 223 § 1; 1988 c 219 § 1; 1988 c 36 § 1; 1985 c 428
§ 3; 1983 c 232 § 3; 1979 c 158 § 1; 1971 ex.s. c 302 § 2;
1961 c 124 § 6; 1935 c 172 § 7; RRS § 2516-7.]
Application—Construction—Short title—Severability—2002 c 302:
See RCW 26.26.903, 26.26.911, and 26.26.912.
Finding—Hunter education program: "The legislature finds that the
hunter education program offers classes that all new hunters in the state are
legally required to complete, but that budget reductions have limited the
assistance that may be provided to the volunteers who conduct these classes.
A portion of the funds for this program is provided by statute exclusively
for printing and distributing the hunter safety pamphlet. While this
pamphlet should remain the highest spending priority for these funds, there
is a surplus in the account which could assist with other activities by the
volunteers conducting the hunter education program." [1999 c 222 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1992 c 168: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 168 § 4.]
Severability—1985 c 428: See note following RCW 9.41.290.
Severability—1983 c 232: See note following RCW 9.41.010.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
9.41.075 Concealed pistol license—Revocation. (1)
The license shall be revoked by the license-issuing authority
immediately upon:
(a) Discovery by the issuing authority that the person
was ineligible under RCW 9.41.070 for a concealed pistol
license when applying for the license or license renewal;
(b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes
a person ineligible under RCW 9.41.040 to possess a
firearm;
(c) Conviction of the licensee for a third violation of
this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under
RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol
without a concealed pistol license, an ineligible person to
whom a concealed pistol license was issued shall, within
fourteen days of license revocation, lawfully transfer
ownership of any pistol acquired while the person was in
possession of the license.
(b) Upon discovering a person issued a concealed pistol
license was ineligible for the license, the issuing authority
shall contact the department of licensing to determine
whether the person purchased a pistol while in possession of
the license. If the person did purchase a pistol while in
possession of the concealed pistol license, if the person may
not lawfully possess a pistol without a concealed pistol
license, the issuing authority shall require the person to
present satisfactory evidence of having lawfully transferred
[Title 9 RCW—page 23]
9.41.075
Title 9 RCW: Crimes and Punishments
ownership of the pistol. The issuing authority shall require
the person to produce the evidence within fifteen days of the
revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under
RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one
year;
(b) On the second forfeiture, revoke the license for two
years; or
(c) On the third or subsequent forfeiture, revoke the
license for five years.
Any person whose license is revoked as a result of a
forfeiture of a firearm under RCW 9.41.098(1)(d) may not
reapply for a new license until the end of the revocation
period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The
department of licensing shall record the revocation. [1994
sp.s. c 7 § 408.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.080 Delivery to ineligible persons. No person
may deliver a firearm to any person whom he or she has
reasonable cause to believe is ineligible under RCW
9.41.040 to possess a firearm. Any person violating this
section is guilty of a class C felony, punishable under
chapter 9A.20 RCW. [1994 sp.s. c 7 § 409; 1935 c 172 §
8; RRS § 2516-8.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.090 Dealer deliveries regulated—Hold on
delivery. (1) In addition to the other requirements of this
chapter, no dealer may deliver a pistol to the purchaser
thereof until:
(a) The purchaser produces a valid concealed pistol
license and the dealer has recorded the purchaser’s name,
license number, and issuing agency, such record to be made
in triplicate and processed as provided in subsection (5) of
this section. For purposes of this subsection (1)(a), a "valid
concealed pistol license" does not include a temporary
emergency license, and does not include any license issued
before July 1, 1996, unless the issuing agency conducted a
records search for disqualifying crimes under RCW 9.41.070
at the time of issuance;
(b) The dealer is notified in writing by the chief of
police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol
under RCW 9.41.040 and that the application to purchase is
approved by the chief of police or sheriff; or
(c) Five business days, meaning days on which state
offices are open, have elapsed from the time of receipt of the
application for the purchase thereof as provided herein by
the chief of police or sheriff designated in subsection (5) of
this section, and, when delivered, the pistol shall be securely
wrapped and shall be unloaded. However, if the purchaser
does not have a valid permanent Washington driver’s license
[Title 9 RCW—page 24]
or state identification card or has not been a resident of the
state for the previous consecutive ninety days, the waiting
period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in
determining whether the purchaser meets the requirements of
RCW 9.41.040, the chief of police or sheriff, or the designee
of either, shall check with the national crime information
center, the Washington state patrol electronic data base, the
department of social and health services electronic data base,
and with other agencies or resources as appropriate, to
determine whether the applicant is ineligible under RCW
9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the
state system and national instant criminal background check
system, provided for by the Brady Handgun Violence
Prevention Act (18 U.S.C. Sec. 921 et seq.), to make
criminal background checks of applicants to purchase
firearms. However, a chief of police or sheriff, or a
designee of either, shall continue to check the department of
social and health services’ electronic data base and with
other agencies or resources as appropriate, to determine
whether applicants are ineligible under RCW 9.41.040 to
possess a firearm.
(3) In any case under subsection (1)(c) of this section
where the applicant has an outstanding warrant for his or her
arrest from any court of competent jurisdiction for a felony
or misdemeanor, the dealer shall hold the delivery of the
pistol until the warrant for arrest is served and satisfied by
appropriate court appearance. The local jurisdiction for
purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of
the application to purchase a pistol is received. The local
jurisdiction shall also immediately confirm the satisfaction of
the warrant on request of the dealer so that the hold may be
released if the warrant was for an offense other than an
offense making a person ineligible under RCW 9.41.040 to
possess a pistol.
(4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending
criminal proceedings, (c) pending commitment proceedings,
(d) an outstanding warrant for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, or (e) an
arrest for an offense making a person ineligible under RCW
9.41.040 to possess a pistol, if the records of disposition
have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction
may hold the sale and delivery of the pistol beyond five days
up to thirty days in order to confirm existing records in this
state or elsewhere. After thirty days, the hold will be lifted
unless an extension of the thirty days is approved by a local
district court or municipal court for good cause shown. A
dealer shall be notified of each hold placed on the sale by
local law enforcement and of any application to the court for
additional hold period to confirm records or confirm the
identity of the applicant.
(5) At the time of applying for the purchase of a pistol,
the purchaser shall sign in triplicate and deliver to the dealer
an application containing his or her full name, residential
address, date and place of birth, race, and gender; the date
and hour of the application; the applicant’s driver’s license
number or state identification card number; a description of
(2002 Ed.)
Firearms and Dangerous Weapons
the pistol including the make, model, caliber and
manufacturer’s number if available at the time of applying
for the purchase of a pistol. If the manufacturer’s number
is not available, the application may be processed, but delivery of the pistol to the purchaser may not occur unless the
manufacturer’s number is recorded on the application by the
dealer and transmitted to the chief of police of the municipality or the sheriff of the county in which the purchaser
resides; and a statement that the purchaser is eligible to
possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as
follows:
CAUTION: Although state and local laws do not
differ, federal law and state law on the possession
of firearms differ. If you are prohibited by federal
law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of
fish and wildlife pamphlet on the legal limits of the use of
firearms, firearms safety, and the fact that local laws and
ordinances on firearms are preempted by state law and must
be consistent with state law.
The dealer shall, by the end of the business day, sign
and attach his or her address and deliver a copy of the
application and such other documentation as required under
subsection (1) of this section to the chief of police of the
municipality or the sheriff of the county of which the
purchaser is a resident. The triplicate shall be retained by
the dealer for six years. The dealer shall deliver the pistol
to the purchaser following the period of time specified in
this section unless the dealer is notified of an investigative
hold under subsection (4) of this section in writing by the
chief of police of the municipality or the sheriff of the
county, whichever is applicable, denying the purchaser’s
application to purchase and the grounds thereof. The
application shall not be denied unless the purchaser is not
eligible to possess a pistol under RCW 9.41.040 or 9.41.045,
or federal law.
The chief of police of the municipality or the sheriff of
the county shall retain or destroy applications to purchase a
pistol in accordance with the requirements of 18 U.S.C. Sec.
922.
(6) A person who knowingly makes a false statement
regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under
RCW 9A.72.040.
(7) This section does not apply to sales to licensed
dealers for resale or to the sale of antique firearms. [1996
c 295 § 8. Prior: 1994 sp.s. c 7 § 410; 1994 c 264 § 1;
1988 c 36 § 2; 1985 c 428 § 4; 1983 c 232 § 4; 1969 ex.s.
c 227 § 1; 1961 c 124 § 7; 1935 c 172 § 9; RRS § 2516-9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1985 c 428: See note following RCW 9.41.290.
Severability—1983 c 232: See note following RCW 9.41.010.
(2002 Ed.)
9.41.090
9.41.094 Waiver of confidentiality. A signed
application to purchase a pistol shall constitute a waiver of
confidentiality and written request that the department of
social and health services, mental health institutions, and
other health care facilities release, to an inquiring court or
law enforcement agency, information relevant to the
applicant’s eligibility to purchase a pistol to an inquiring
court or law enforcement agency. [1994 sp.s. c 7 § 411.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses.
(1) The department of social and health services, mental
health institutions, and other health care facilities shall, upon
request of a court or law enforcement agency, supply such
relevant information as is necessary to determine the
eligibility of a person to possess a pistol or to be issued a
concealed pistol license under RCW 9.41.070 or to purchase
a pistol under RCW 9.41.090.
(2) Mental health information received by: (a) The
department of licensing pursuant to RCW 9.41.047 or
9.41.170; (b) an issuing authority pursuant to RCW 9.41.047
or 9.41.070; (c) a chief of police or sheriff pursuant to RCW
9.41.090 or 9.41.170; (d) a court or law enforcement agency
pursuant to subsection (1) of this section, shall not be
disclosed except as provided in RCW 42.17.318. [1994 sp.s.
c 7 § 412; 1983 c 232 § 5.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1983 c 232: See note following RCW 9.41.010.
9.41.0975 Officials and agencies—Immunity, writ of
mandamus. (1) The state, local governmental entities, any
public or private agency, and the employees of any state or
local governmental entity or public or private agency, acting
in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a
person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license to a person
ineligible for such a license;
(d) For failing to issue a concealed pistol license to a
person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license;
(f) For errors in preparing or transmitting information as
part of determining a person’s eligibility to receive or
possess a firearm, or eligibility for a concealed pistol license;
(g) For issuing a dealer’s license to a person ineligible
for such a license; or
(h) For failing to issue a dealer’s license to a person
eligible for such a license.
(2) An application may be made to a court of competent
jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed
pistol license wrongfully refused;
(b) Directing a law enforcement agency to approve an
application to purchase wrongfully denied;
[Title 9 RCW—page 25]
9.41.0975
Title 9 RCW: Crimes and Punishments
(c) Directing that erroneous information resulting either
in the wrongful refusal to issue a concealed pistol license or
in the wrongful denial of a purchase application be corrected; or
(d) Directing a law enforcement agency to approve a
dealer’s license wrongfully denied.
The application for the writ may be made in the county
in which the application for a concealed pistol license or to
purchase a pistol was made, or in Thurston county, at the
discretion of the petitioner. A court shall provide an
expedited hearing for an application brought under this
subsection (2) for a writ of mandamus. A person granted a
writ of mandamus under this subsection (2) shall be awarded
reasonable attorneys’ fees and costs. [1996 c 295 § 9; 1994
sp.s. c 7 § 413.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.098 Forfeiture of firearms—Disposition—
Confiscation. (1) The superior courts and the courts of
limited jurisdiction of the state may order forfeiture of a
firearm which is proven to be:
(a) Found concealed on a person not authorized by
RCW 9.41.060 or 9.41.070 to carry a concealed pistol:
PROVIDED, That it is an absolute defense to forfeiture if
the person possessed a valid Washington concealed pistol
license within the preceding two years and has not become
ineligible for a concealed pistol license in the interim.
Before the firearm may be returned, the person must pay the
past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an
application as required by RCW 9.41.090;
(c) In the possession of a person prohibited from
possessing the firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at
the time the person committed or was arrested for committing a felony or committing a nonfelony crime in which a
firearm was used or displayed;
(e) In the possession of a person who is in any place in
which a concealed pistol license is required, and who is
under the influence of any drug or under the influence of
intoxicating liquor, as defined in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal
recognizance pending trial, appeal, or sentencing for a felony
or for a nonfelony crime in which a firearm was used or
displayed, except that violations of Title 77 RCW shall not
result in forfeiture under this section;
(g) In the possession of a person found to have been
mentally incompetent while in possession of a firearm when
apprehended or who is thereafter committed pursuant to
chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a
proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a
nonfelony crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion
may order destruction of any forfeited firearm. A court may
temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer
[Title 9 RCW—page 26]
needed for evidence; or (ii) forfeited due to a failure to make
a claim under RCW 63.32.010 or 63.40.010; may be
disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be
retained by the legislative authority. This subsection (2)(a)
applies only to firearms that come into the possession of the
law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement
agency shall prepare an inventory, under oath, of every
firearm that has been judicially forfeited, has been seized
and may be subject to judicial forfeiture, or that has been, or
may be, forfeited due to a failure to make a claim under
RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the
inventoried firearms a law enforcement agency shall destroy
illegal firearms, may retain a maximum of ten percent of
legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of
firearms in RCW 9.41.098 that were in effect immediately
preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles
and shotguns. In addition, the law enforcement agency shall
either trade, auction, or arrange for the auction of, short
firearms, or shall pay a fee of twenty-five dollars to the state
treasurer for every short firearm neither auctioned nor traded,
to a maximum of fifty thousand dollars. The fees shall be
accompanied by an inventory, under oath, of every short
firearm listed in the inventory required by (a) of this
subsection, that has been neither traded nor auctioned. The
state treasurer shall credit the fees to the firearms range
account established in *RCW 77.12.720. All trades or
auctions of firearms under this subsection shall be to
licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the
firearms range account established in *RCW 77.12.720.
(c) Antique firearms and firearms recognized as curios,
relics, and firearms of particular historical significance by
the United States treasury department bureau of alcohol,
tobacco, and firearms are exempt from destruction and shall
be disposed of by auction or trade to licensed dealers.
(d) Firearms in the possession of the Washington state
patrol on or after May 7, 1993, that are judicially forfeited
and no longer needed for evidence, or forfeited due to a
failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to
possess must be destroyed; (ii) the Washington state patrol
may retain a maximum of ten percent of legal firearms for
agency use; and (iii) all other legal firearms must be auctioned or traded to licensed dealers. The Washington state
patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the
owner upon a showing that there is no probable cause to
believe a violation of subsection (1) of this section existed
or the firearm was stolen from the owner or the owner
neither had knowledge of nor consented to the act or
omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any
county or municipality may confiscate a firearm found to be
in the possession of a person under circumstances specified
in subsection (1) of this section. After confiscation, the
firearm shall not be surrendered except: (a) To the prosecut(2002 Ed.)
Firearms and Dangerous Weapons
ing attorney for use in subsequent legal proceedings; (b) for
disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to
the owner if the proceedings are dismissed or as directed in
subsection (3) of this section. [1996 c 295 § 10; 1994 sp.s.
c 7 § 414; 1993 c 243 § 1; 1989 c 222 § 8; 1988 c 223 § 2.
Prior: 1987 c 506 § 91; 1987 c 373 § 7; 1986 c 153 § 1;
1983 c 232 § 6.]
*Reviser’s note: RCW 77.12.720 was recodified as RCW
79A.25.210 pursuant to 1999 c 249 § 1601.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Effective date—1993 c 243: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 7, 1993]." [1993 c 243 § 2.]
Severability—1989 c 222: See RCW 63.35.900.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1983 c 232: See note following RCW 9.41.010.
9.41.100 Dealer licensing and registration required.
Every dealer shall be licensed as provided in RCW 9.41.110
and shall register with the department of revenue as provided
in chapters 82.04 and 82.32 RCW. [1994 sp.s. c 7 § 415;
1935 c 172 § 10; RRS § 2516-10.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.110 Dealer’s licenses, by whom granted,
conditions, fees—Employees, fingerprinting and background checks—Wholesale sales excepted—Permits
prohibited. (1) No dealer may sell or otherwise transfer, or
expose for sale or transfer, or have in his or her possession
with intent to sell, or otherwise transfer, any pistol without
being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose
for sale or transfer, or have in his or her possession with
intent to sell, or otherwise transfer, any firearm other than a
pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose
for sale or transfer, or have in his or her possession with
intent to sell, or otherwise transfer, any ammunition without
being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city,
town, or political subdivision of this state shall grant licenses
in forms prescribed by the director of licensing effective for
not more than one year from the date of issue permitting the
licensee to sell firearms within this state subject to the
following conditions, for breach of any of which the license
shall be forfeited and the licensee subject to punishment as
provided in RCW 9.41.010 through 9.41.810. A licensing
authority shall forward a copy of each license granted to the
department of licensing. The department of licensing shall
notify the department of revenue of the name and address of
each dealer licensed under this section.
(2002 Ed.)
9.41.098
(5)(a) A licensing authority shall, within thirty days after
the filing of an application of any person for a dealer’s
license, determine whether to grant the license. However, if
the applicant does not have a valid permanent Washington
driver’s license or Washington state identification card, or
has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to
sixty days to determine whether to issue a license. No
person shall qualify for a license under this section without
first receiving a federal firearms license and undergoing
fingerprinting and a background check. In addition, no
person ineligible to possess a firearm under RCW 9.41.040
or ineligible for a concealed pistol license under RCW
9.41.070 shall qualify for a dealer’s license.
(b) A dealer shall require every employee who may sell
a firearm in the course of his or her employment to undergo
fingerprinting and a background check. An employee must
be eligible to possess a firearm, and must not have been
convicted of a crime that would make the person ineligible
for a concealed pistol license, before being permitted to sell
a firearm. Every employee shall comply with requirements
concerning purchase applications and restrictions on delivery
of pistols that are applicable to dealers.
(6)(a) Except as otherwise provided in (b) of this
subsection, the business shall be carried on only in the
building designated in the license. For the purpose of this
section, advertising firearms for sale shall not be considered
the carrying on of business.
(b) A dealer may conduct business temporarily at a
location other than the building designated in the license, if
the temporary location is within Washington state and is the
location of a gun show sponsored by a national, state, or
local organization, or an affiliate of any such organization,
devoted to the collection, competitive use, or other sporting
use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from
a motorized or towed vehicle.
In conducting business temporarily at a location other
than the building designated in the license, the dealer shall
comply with all other requirements imposed on dealers by
RCW 9.41.090, 9.41.100, and 9.41.110. The license of a
dealer who fails to comply with the requirements of RCW
9.41.080 and 9.41.090 and subsection (8) of this section
while conducting business at a temporary location shall be
revoked, and the dealer shall be permanently ineligible for
a dealer’s license.
(7) The license or a copy thereof, certified by the
issuing authority, shall be displayed on the premises in the
area where firearms are sold, or at the temporary location,
where it can easily be read.
(8)(a) No pistol may be sold: (i) In violation of any
provisions of RCW 9.41.010 through 9.41.810; nor (ii) may
a pistol be sold under any circumstances unless the purchaser
is personally known to the dealer or shall present clear evidence of his or her identity.
(b) A dealer who sells or delivers any firearm in
violation of RCW 9.41.080 is guilty of a class C felony. In
addition to any other penalty provided for by law, the dealer
is subject to mandatory permanent revocation of his or her
dealer’s license and permanent ineligibility for a dealer’s license.
[Title 9 RCW—page 27]
9.41.110
Title 9 RCW: Crimes and Punishments
(c) The license fee for pistols shall be one hundred
twenty-five dollars. The license fee for firearms other than
pistols shall be one hundred twenty-five dollars. The license
fee for ammunition shall be one hundred twenty-five dollars.
Any dealer who obtains any license under subsection (1),
(2), or (3) of this section may also obtain the remaining
licenses without payment of any fee. The fees received
under this section shall be deposited in the account under
RCW 69.50.520.
(9)(a) A true record in triplicate shall be made of every
pistol sold, in a book kept for the purpose, the form of
which may be prescribed by the director of licensing and
shall be personally signed by the purchaser and by the
person effecting the sale, each in the presence of the other,
and shall contain the date of sale, the caliber, make, model
and manufacturer’s number of the weapon, the name,
address, occupation, and place of birth of the purchaser and
a statement signed by the purchaser that he or she is not
ineligible under RCW 9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by certified
mail to the chief of police of the municipality or the sheriff
of the county of which the purchaser is a resident; the
duplicate the dealer shall within seven days send to the
director of licensing; the triplicate the dealer shall retain for
six years.
(10) Subsections (2) through (9) of this section shall not
apply to sales at wholesale.
(11) The dealer’s licenses authorized to be issued by
this section are general licenses covering all sales by the
licensee within the effective period of the licenses. The
department shall provide a single application form for
dealer’s licenses and a single license form which shall
indicate the type or types of licenses granted.
(12) Except as provided in RCW 9.41.090, every city,
town, and political subdivision of this state is prohibited
from requiring the purchaser to secure a permit to purchase
or from requiring the dealer to secure an individual permit
for each sale. [1994 sp.s. c 7 § 416; 1979 c 158 § 2; 1969
ex.s. c 227 § 4; 1963 c 163 § 1; 1961 c 124 § 8; 1935 c 172
§ 11; RRS § 2516-11.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.120 Firearms as loan security. No person other
than a duly licensed dealer shall make any loan secured by
a mortgage, deposit or pledge of a pistol. Any licensed
dealer receiving a pistol as a deposit or pledge for a loan
shall keep such records and make such reports as are
provided by law for pawnbrokers and secondhand dealers in
cities of the first class. A duly licensed dealer may mortgage any pistol or stock of pistols but shall not deposit or
pledge the same with any other person. [1961 c 124 § 9;
1935 c 172 § 12; RRS § 2516-12.]
Pawnbrokers and second-hand dealers: Chapter 19.60 RCW.
9.41.122 Out-of-state purchasing. Residents of
Washington may purchase rifles and shotguns in a state other
than Washington: PROVIDED, That such residents conform
to the applicable provisions of the federal Gun Control Act
[Title 9 RCW—page 28]
of 1968, Title IV, Pub. L. 90-351 as administered by the
United States secretary of the treasury: AND PROVIDED
FURTHER, That such residents are eligible to purchase or
possess such weapons in Washington and in the state in
which such purchase is made. [1970 ex.s. c 74 § 1.
Formerly RCW 19.70.010.]
9.41.124 Purchasing by nonresidents. Residents of
a state other than Washington may purchase rifles and
shotguns in Washington: PROVIDED, That such residents
conform to the applicable provisions of the federal Gun
Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND
PROVIDED FURTHER, That such residents are eligible to
purchase or possess such weapons in Washington and in the
state in which such persons reside. [1970 ex.s. c 74 § 2.
Formerly RCW 19.70.020.]
9.41.129 Recordkeeping requirements. The department of licensing may keep copies or records of applications
for concealed pistol licenses provided for in RCW 9.41.070,
copies or records of applications for alien firearm licenses,
copies or records of applications to purchase pistols provided
for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records
shall not be disclosed except as provided in RCW 42.17.318.
[1994 sp.s. c 7 § 417.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
9.41.135 Verification of licenses and registration—
Notice to federal government. (1) At least once every
twelve months, the department of licensing shall obtain a list
of dealers licensed under 18 U.S.C. Sec. 923(a) with
business premises in the state of Washington from the
United States bureau of alcohol, tobacco, and firearms. The
department of licensing shall verify that all dealers on the
list provided by the bureau of alcohol, tobacco, and firearms
are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department
of licensing shall obtain from the department of revenue and
the department of revenue shall transmit to the department
of licensing a list of dealers registered with the department
of revenue, and a list of dealers whose names and addresses
were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to
register with the department of revenue as required by RCW
9.41.100.
(3) At least once every twelve months, the department
of licensing shall notify the bureau of alcohol, tobacco, and
firearms of all dealers licensed under 18 U.S.C. Sec. 923(a)
with business premises in the state of Washington who have
not complied with the licensing or registration requirements
of RCW 9.41.100. In notifying the bureau of alcohol,
tobacco, and firearms, the department of licensing shall not
specify whether a particular dealer has failed to comply with
licensing requirements or has failed to comply with registration requirements. [1995 c 318 § 6; 1994 sp.s. c 7 § 418.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
(2002 Ed.)
Firearms and Dangerous Weapons
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.140 Alteration of identifying marks—
Exceptions. No person may change, alter, remove, or
obliterate the name of the maker, model, manufacturer’s
number, or other mark of identification on any firearm.
Possession of any firearm upon which any such mark shall
have been changed, altered, removed, or obliterated, shall be
prima facie evidence that the possessor has changed, altered,
removed, or obliterated the same. This section shall not
apply to replacement barrels in old firearms, which barrels
are produced by current manufacturers and therefor do not
have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall
not apply if the changes do not make the firearm illegal for
the person to possess under state or federal law. [1994 sp.s.
c 7 § 419; 1961 c 124 § 10; 1935 c 172 § 14; RRS § 251614.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.170 Alien’s license to carry firearms—
Exception. (1) It is a class C felony for any person who is
not a citizen of the United States to carry or possess any
firearm, without first having obtained an alien firearm
license from the director of licensing. In order to be eligible
for a license, an alien must provide proof that he or she is
lawfully present in the United States, which the director of
licensing shall verify through the appropriate authorities.
Except as provided in subsection (2)(a) of this section, and
subject to the additional requirements of subsection (2)(b) of
this section, the director of licensing may issue an alien
firearm license only upon receiving from the consul domiciled in this state representing the country of the alien, a
certified copy of the alien’s criminal history in the alien’s
country indicating the alien is not ineligible under RCW
9.41.040 to own, possess, or control a firearm, and the
consul’s attestation that the alien is a responsible person.
(2)(a) Subject to the additional requirements of (b) of
this subsection, the director of licensing may issue an alien
firearm license without a certified copy of the alien’s
criminal history or the consul’s attestation required by
subsection (1) of this section, if the alien has been a resident
of this state for at least two years and: (i) The alien is from
a country without a consul domiciled within this state, or (ii)
the consul has failed to provide, within ninety days after a
request by the alien, the criminal history or attestation
required by subsection (1) of this section.
(b) Before issuing an alien firearm license under
subsection (1) of this section or this subsection (2), the
director of licensing shall ask the local law enforcement
agency of the jurisdiction in which the alien resides to
complete a background and fingerprint check to determine
the alien’s eligibility under RCW 9.41.040 to own, possess,
or control a firearm. The law enforcement agency shall
complete a background check within thirty days after the
request, unless the alien does not have a valid Washington
driver’s license or Washington state identification card. In
(2002 Ed.)
9.41.135
the latter case, the law enforcement agency shall complete
the background check within sixty days after the request.
A signed application for an alien firearm license shall
constitute a waiver of confidentiality and written request that
the department of social and health services, mental health
institutions, and other health care facilities release information relevant to the applicant’s eligibility for an alien firearm
license to an inquiring law enforcement agency.
(3) The alien firearm license shall be valid for five years
from the date of issue so long as the alien is lawfully present
in the United States. The nonrefundable fee, paid upon
application, for the five-year license shall be fifty-five
dollars plus additional charges imposed by the Federal
Bureau of Investigation that are passed on to the applicant.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the department of
licensing;
(b) Twenty-five dollars shall be paid to the Washington
state patrol; and
(c) Fifteen dollars shall be paid to the local law enforcement agency conducting the background check.
(4) This section shall not apply to Canadian citizens
resident in a province which has an enactment or public
policy providing substantially similar privilege to residents
of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the
hunting of game while such persons are in the act of
hunting, or while on a hunting trip, or while such persons
are competing in a bona fide trap or skeet shoot or any other
organized contest where rifles, pistols, or shotguns are used.
Nothing in this section shall be construed to allow aliens to
hunt or fish in this state without first having obtained a
regular hunting or fishing license. [1996 c 295 § 11; 1994
c 190 § 1; 1979 c 158 § 3; 1969 ex.s. c 90 § 1; 1953 c 109
§ 1. Prior: 1911 c 52 § 1; RRS § 2517-1.]
9.41.185 Coyote getters. The use of "coyote getters"
or similar spring-triggered shell devices shall not constitute
a violation of any of the laws of the state of Washington
when the use of such "coyote getters" is authorized by the
state department of agriculture and/or the state department of
fish and wildlife in cooperative programs with the United
States Fish and Wildlife Service, for the purpose of controlling or eliminating coyotes harmful to livestock and game
animals on range land or forest areas. [1999 c 143 § 3;
1988 c 36 § 3; 1965 c 46 § 1.]
9.41.190 Unlawful firearms—Exceptions. (1) It is
unlawful for any person to manufacture, own, buy, sell, loan,
furnish, transport, or have in possession or under control,
any machine gun, short-barreled shotgun, or short-barreled
rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or
short-barreled rifle, or in converting a weapon into a
machine gun, short-barreled shotgun, or short-barreled rifle;
or to assemble or repair any machine gun, short-barreled
shotgun, or short-barreled rifle.
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or
traveling to or from official duty, or to any officer or
member of the armed forces of the United States or the state
[Title 9 RCW—page 29]
9.41.190
Title 9 RCW: Crimes and Punishments
of Washington in the discharge of official duty or traveling
to or from official duty; or
(b) A person, including an employee of such person if
the employee has undergone fingerprinting and a background
check, who or which is exempt from or licensed under
federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or
short-barreled rifles:
(i) To be used or purchased by the armed forces of the
United States;
(ii) To be used or purchased by federal, state, county, or
municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable
federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution
brought under this section that the machine gun, shortbarreled shotgun, or short-barreled rifle was acquired prior
to July 1, 1994, and is possessed in compliance with federal
law.
(4) Any person violating this section is guilty of a class
C felony. [1994 sp.s. c 7 § 420; 1982 1st ex.s. c 47 § 2;
1933 c 64 § 1; RRS § 2518-1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 47 § 31.]
9.41.220 Unlawful firearms and parts contraband.
All machine guns, short-barreled shotguns, or short-barreled
rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or
short-barreled rifle, or in converting a weapon into a
machine gun, short-barreled shotgun, or short-barreled rifle,
illegally held or illegally possessed are hereby declared to be
contraband, and it shall be the duty of all peace officers,
and/or any officer or member of the armed forces of the
United States or the state of Washington, to seize said
machine gun, short-barreled shotgun, or short-barreled rifle,
or parts thereof, wherever and whenever found. [1994 sp.s.
c 7 § 421; 1933 c 64 § 4; RRS § 2518-4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.225 Use of machine gun in felony—Penalty. It
is unlawful for a person, in the commission or furtherance of
a felony other than a violation of RCW 9.41.190, to discharge a machine gun or to menace or threaten with a
machine gun, another person. A violation of this section
shall be punished as a class A felony under chapter 9A.20
RCW. [1989 c 231 § 3.]
Intent—1989 c 231: "The legislature is concerned about the
increasing number of drug dealers, gang members, and other dangerous
criminals who are increasingly being found in possession of machine guns.
The legislature recognizes that possession of machine guns by dangerous
criminals represents a serious threat to law enforcement officers and the
general public. The use of a machine gun in furtherance of a felony is a
particularly heinous crime because of the potential for great harm or death
[Title 9 RCW—page 30]
to a large number of people. It is the intent of the legislature to protect the
public safety by deterring the illegal use of machine guns in the furtherance
of a felony by creating a separate offense with severe penalties for such use
of a machine gun." [1989 c 231 § 1.]
9.41.230 Aiming or discharging firearms, dangerous
weapons. (1) For conduct not amounting to a violation of
chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or
towards any human being;
(b) Willfully discharges any firearm, air gun, or other
weapon, or throws any deadly missile in a public place, or
in any place where any person might be endangered thereby.
A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a socalled trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor
punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1)
of this section, the person violating subsection (1) of this
section shall be subject to the applicable provisions of
chapters 9A.32 and 9A.36 RCW. [1994 sp.s. c 7 § 422;
1909 c 249 § 307; 1888 p 100 §§ 2, 3; RRS § 2559.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Discharging firearm at railroad rolling stock: RCW 81.60.070.
9.41.240 Possession of pistol by person from
eighteen to twenty-one. Unless an exception under RCW
9.41.042, 9.41.050, or 9.41.060 applies, a person at least
eighteen years of age, but less than twenty-one years of age,
may possess a pistol only:
(1) In the person’s place of abode;
(2) At the person’s fixed place of business; or
(3) On real property under his or her control. [1994
sp.s. c 7 § 423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67
§ 1; RRS § 2560.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.250 Dangerous weapons—Penalty. Every
person who:
(1) Manufactures, sells, or disposes of or possesses any
instrument or weapon of the kind usually known as slung
shot, sand club, or metal knuckles, or spring blade knife, or
any knife the blade of which is automatically released by a
spring mechanism or other mechanical device, or any knife
having a blade which opens, or falls, or is ejected into
position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger,
dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the
noise of any firearm,
is guilty of a gross misdemeanor punishable under chapter
9A.20 RCW. [1994 sp.s. c 7 § 424; 1959 c 143 § 1; 1957
(2002 Ed.)
Firearms and Dangerous Weapons
c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1; Code 1881 §
929; RRS § 2517.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.260 Dangerous exhibitions. Every proprietor,
lessee, or occupant of any place of amusement, or any plat
of ground or building, who allows it to be used for the
exhibition of skill in throwing any sharp instrument or in
shooting any bow gun or firearm of any description, at or
toward any human being, is guilty of a misdemeanor
punishable under chapter 9A.20 RCW. [1994 sp.s. c 7 §
425; 1909 c 249 § 283; RRS § 2535.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Fireworks: Chapter 70.77 RCW.
9.41.270 Weapons apparently capable of producing
bodily harm—Unlawful carrying or handling—Penalty—
Exceptions. (1) It shall be unlawful for any person to carry,
exhibit, display, or draw any firearm, dagger, sword, knife
or other cutting or stabbing instrument, club, or any other
weapon apparently capable of producing bodily harm, in a
manner, under circumstances, and at a time and place that
either manifests an intent to intimidate another or that
warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1)
above shall be guilty of a gross misdemeanor. If any person
is convicted of a violation of subsection (1) of this section,
the person shall lose his or her concealed pistol license, if
any. The court shall send notice of the revocation to the
department of licensing, and the city, town, or county which
issued the license.
(3) Subsection (1) of this section shall not apply to or
affect the following:
(a) Any act committed by a person while in his or her
place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or
public employment is vested by law with a duty to preserve
public safety, maintain public order, or to make arrests for
offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting
himself or herself against the use of presently threatened
unlawful force by another, or for the purpose of protecting
another against the use of such unlawful force by a third
person;
(d) Any person making or assisting in making a lawful
arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored
by the federal or state governments. [1994 sp.s. c 7 § 426;
1969 c 8 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.280 Possessing dangerous weapons on school
facilities—Penalty—Exceptions. (1) It is unlawful for a
(2002 Ed.)
9.41.250
person to carry onto, or to possess on, public or private
elementary or secondary school premises, school-provided
transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW
9.41.250;
(c) Any device commonly known as "nun-chu-ka
sticks", consisting of two or more lengths of wood, metal,
plastic, or similar substance connected with wire, rope, or
other means;
(d) Any device, commonly known as "throwing stars",
which are multi-pointed, metal objects designed to embed
upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle,
designed to propel a BB, pellet, or other projectile by the
discharge of compressed air, carbon dioxide, or other gas.
(2) Any such person violating subsection (1) of this
section is guilty of a gross misdemeanor. If any person is
convicted of a violation of subsection (1)(a) of this section,
the person shall have his or her concealed pistol license, if
any revoked for a period of three years. Anyone convicted
under this subsection is prohibited from applying for a
concealed pistol license for a period of three years. The
court shall send notice of the revocation to the department of
licensing, and the city, town, or county which issued the
license.
Any violation of subsection (1) of this section by
elementary or secondary school students constitutes grounds
for expulsion from the state’s public schools in accordance
with RCW 28A.600.010. An appropriate school authority
shall promptly notify law enforcement and the student’s
parent or guardian regarding any allegation or indication of
such violation.
Upon the arrest of a person at least twelve years of age
and not more than twenty-one years of age for violating
subsection (1)(a) of this section, the person shall be detained
or confined in a juvenile or adult facility for up to seventytwo hours. The person shall not be released within the
seventy-two hours until after the person has been examined
and evaluated by the county-designated mental health
professional unless the court in its discretion releases the
person sooner after a determination regarding probable cause
or on probation bond or bail.
Within twenty-four hours of the arrest, the arresting law
enforcement agency shall refer the person to the countydesignated mental health professional for examination and
evaluation under chapter 71.05 or 71.34 RCW and inform a
parent or guardian of the person of the arrest, detention, and
examination. The county-designated mental health professional shall examine and evaluate the person subject to the
provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the facility in which the person is detained
or confined. If the person has been released on probation,
bond, or bail, the examination shall occur wherever is
appropriate.
The county-designated mental health professional may
determine whether to refer the person to the county-designated chemical dependency specialist for examination and
evaluation in accordance with chapter 70.96A RCW. The
county-designated chemical dependency specialist shall
examine the person subject to the provisions of chapter
[Title 9 RCW—page 31]
9.41.280
Title 9 RCW: Crimes and Punishments
70.96A RCW. The examination shall occur at the facility in
which the person is detained or confined. If the person has
been released on probation, bond, or bail, the examination
shall occur wherever is appropriate.
Upon completion of any examination by the countydesignated mental health professional or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court, and the court shall consider
those results in making any determination about the person.
The county-designated mental health professional and
county-designated chemical dependency specialist shall, to
the extent permitted by law, notify a parent or guardian of
the person that an examination and evaluation has taken
place and the results of the examination. Nothing in this
subsection prohibits the delivery of additional, appropriate
mental health examinations to the person while the person is
detained or confined.
If the county-designated mental health professional
determines it is appropriate, the county-designated mental
health professional may refer the person to the local regional
support network for follow-up services or the department of
social and health services or other community providers for
other services to the family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military
academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or
school district security activities;
(c) Any person who is involved in a convention,
showing, demonstration, lecture, or firearms safety course
authorized by school authorities in which the firearms of
collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a
firearms or air gun competition approved by the school or
school district;
(e) Any person in possession of a pistol who has been
issued a license under RCW 9.41.070, or is exempt from the
licensing requirement by RCW 9.41.060, while picking up or
dropping off a student;
(f) Any nonstudent at least eighteen years of age legally
in possession of a firearm or dangerous weapon that is
secured within an attended vehicle or concealed from view
within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who
is in lawful possession of an unloaded firearm, secured in a
vehicle while conducting legitimate business at the school;
or
(h) Any law enforcement officer of the federal, state, or
local government agency.
(4) Subsections (1)(c) and (d) of this section do not
apply to any person who possesses nun-chu-ka sticks,
throwing stars, or other dangerous weapons to be used in
martial arts classes authorized to be conducted on the school
premises.
(5) Except as provided in subsection (3)(b), (c), (f), and
(h) of this section, firearms are not permitted in a public or
private school building.
(6) "GUN-FREE ZONE" signs shall be posted around
school facilities giving warning of the prohibition of the
possession of firearms on school grounds. [1999 c 167 § 1;
[Title 9 RCW—page 32]
1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 § 427; 1993
c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9.41.290 State preemption. The state of Washington
hereby fully occupies and preempts the entire field of
firearms regulation within the boundaries of the state,
including the registration, licensing, possession, purchase,
sale, acquisition, transfer, discharge, and transportation of
firearms, or any other element relating to firearms or parts
thereof, including ammunition and reloader components.
Cities, towns, and counties or other municipalities may enact
only those laws and ordinances relating to firearms that are
specifically authorized by state law, as in RCW 9.41.300,
and are consistent with this chapter. Such local ordinances
shall have the same penalty as provided for by state law.
Local laws and ordinances that are inconsistent with, more
restrictive than, or exceed the requirements of state law shall
not be enacted and are preempted and repealed, regardless of
the nature of the code, charter, or home rule status of such
city, town, county, or municipality. [1994 sp.s. c 7 § 428;
1985 c 428 § 1; 1983 c 232 § 12.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1985 c 428: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 428 § 6.]
Application—1983 c 232 § 12: "Section 12 of this act shall not
apply to any offense committed prior to July 24, 1983." [1983 c 232 § 13.]
Severability—1983 c 232: See note following RCW 9.41.010.
9.41.300 Weapons prohibited in certain places—
Local laws and ordinances—Exceptions—Penalty. (1) It
is unlawful for any person to enter the following places
when he or she knowingly possesses or knowingly has under
his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of
a person (i) arrested for, charged with, or convicted of an
offense, (ii) held for extradition or as a material witness, or
(iii) otherwise confined pursuant to an order of a court,
except an order under chapter 13.32A or 13.34 RCW.
Restricted access areas do not include common areas of
egress or ingress open to the general public;
(b) Those areas in any building which are used in
connection with court proceedings, including courtrooms,
jury rooms, judge’s chambers, offices and areas used to
conduct court business, waiting areas, and corridors adjacent
to areas used in connection with court proceedings. The
restricted areas do not include common areas of ingress and
egress to the building that is used in connection with court
proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The
(2002 Ed.)
Firearms and Dangerous Weapons
restricted areas shall be the minimum necessary to fulfill the
objective of this subsection (1)(b).
In addition, the local legislative authority shall provide
either a stationary locked box sufficient in size for pistols
and key to a weapon owner for weapon storage, or shall
designate an official to receive weapons for safekeeping,
during the owner’s visit to restricted areas of the building.
The locked box or designated official shall be located within
the same building used in connection with court proceedings.
The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed
in a locked box or left with an official during the owner’s
visit to restricted areas of the building.
The local judicial authority shall designate and clearly
mark those areas where weapons are prohibited, and shall
post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health
facility certified by the department of social and health
services for inpatient hospital care and state institutions for
the care of the mentally ill, excluding those facilities solely
for evaluation and treatment. Restricted access areas do not
include common areas of egress and ingress open to the
general public; or
(d) That portion of an establishment classified by the
state liquor control board as off-limits to persons under
twenty-one years of age.
(2) Cities, towns, counties, and other municipalities may
enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion
of their respective jurisdictions where there is a reasonable
likelihood that humans, domestic animals, or property will be
jeopardized. Such laws and ordinances shall not abridge the
right of the individual guaranteed by Article I, section 24 of
the state Constitution to bear arms in defense of self or
others; and
(b) Restricting the possession of firearms in any stadium
or convention center, operated by a city, town, county, or
other municipality, except that such restrictions shall not
apply to:
(i) Any pistol in the possession of a person licensed
under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving
the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances
restricting the areas in their respective jurisdictions in which
firearms may be sold, but, except as provided in (b) of this
subsection, a business selling firearms may not be treated
more restrictively than other businesses located within the
same zone. An ordinance requiring the cessation of business
within a zone shall not have a shorter grandfather period for
businesses selling firearms than for any other businesses
within the zone.
(b) Cities, towns, and counties may restrict the location
of a business selling firearms to not less than five hundred
feet from primary or secondary school grounds, if the
business has a storefront, has hours during which it is open
for business, and posts advertisements or signs observable to
passersby that firearms are available for sale. A business
selling firearms that exists as of the date a restriction is
(2002 Ed.)
9.41.300
enacted under this subsection (3)(b) shall be grandfathered
according to existing law.
(4) Violations of local ordinances adopted under
subsection (2) of this section must have the same penalty as
provided for by state law.
(5) The perimeter of the premises of any specific
location covered by subsection (1) of this section shall be
posted at reasonable intervals to alert the public as to the
existence of any law restricting the possession of firearms on
the premises.
(6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by
the federal or state governments, while engaged in official
duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(7) Subsection (1)(a) of this section does not apply to a
person licensed pursuant to RCW 9.41.070 who, upon
entering the place or facility, directly and promptly proceeds
to the administrator of the facility or the administrator’s
designee and obtains written permission to possess the
firearm while on the premises or checks his or her firearm.
The person may reclaim the firearms upon leaving but must
immediately and directly depart from the place or facility.
(8) Subsection (1)(c) of this section does not apply to
any administrator or employee of the facility or to any
person who, upon entering the place or facility, directly and
promptly proceeds to the administrator of the facility or the
administrator’s designee and obtains written permission to
possess the firearm while on the premises.
(9) Subsection (1)(d) of this section does not apply to
the proprietor of the premises or his or her employees while
engaged in their employment.
(10) Any person violating subsection (1) of this section
is guilty of a gross misdemeanor.
(11) "Weapon" as used in this section means any
firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250. [1994 sp.s. c 7 §
429; 1993 c 396 § 1; 1985 c 428 § 2.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1985 c 428: See note following RCW 9.41.290.
9.41.310 Information pamphlet. After a public
hearing, the department of fish and wildlife shall publish a
pamphlet on firearms safety and the legal limits of the use
of firearms. The pamphlet shall include current information
on firearms laws and regulations and state preemption of
local firearms laws. This pamphlet may be used in the
department’s hunter safety education program and shall be
provided to the department of licensing for distribution to
firearms dealers and persons authorized to issue concealed
pistol licenses. The department of fish and wildlife shall
reimburse the department of licensing for costs associated
with distribution of the pamphlet. [1994 c 264 § 2; 1988 c
36 § 4; 1985 c 428 § 5.]
Severability—1985 c 428: See note following RCW 9.41.290.
[Title 9 RCW—page 33]
9.41.320
Title 9 RCW: Crimes and Punishments
9.41.320 Fireworks. Nothing in this chapter shall
prohibit the possession, sale, or use of fireworks when
possessed, sold, or used in compliance with chapter 70.77
RCW. [1994 c 133 § 16.]
Severability—Effective date—1994 c 133: See notes following
RCW 70.77.146.
9.41.800 Surrender of weapons or licenses—
Prohibition on future possession or licensing. (1) Any
court when entering an order authorized under RCW
9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050,
26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060,
26.50.070, or 26.26.590 shall, upon a showing by clear and
convincing evidence, that a party has: Used, displayed, or
threatened to use a firearm or other dangerous weapon in a
felony, or previously committed any offense that makes him
or her ineligible to possess a firearm under the provisions of
RCW 9.41.040:
(a) Require the party to surrender any firearm or other
dangerous weapon;
(b) Require the party to surrender any concealed pistol
license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a
firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a
concealed pistol license.
(2) Any court when entering an order authorized under
RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045,
26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130,
26.50.060, 26.50.070, or 26.26.590 may, upon a showing by
a preponderance of the evidence but not by clear and
convincing evidence, that a party has: Used, displayed, or
threatened to use a firearm or other dangerous weapon in a
felony, or previously committed any offense that makes him
or her ineligible to possess a pistol under the provisions of
RCW 9.41.040:
(a) Require the party to surrender any firearm or other
dangerous weapon;
(b) Require the party to surrender a concealed pistol
license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a
firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a
concealed pistol license.
(3) The court may order temporary surrender of a
firearm or other dangerous weapon without notice to the
other party if it finds, on the basis of the moving affidavit or
other evidence, that irreparable injury could result if an order
is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2),
and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1)
of this section if it finds that the possession of a firearm or
other dangerous weapon by any party presents a serious and
imminent threat to public health or safety, or to the health or
safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of
this section may be for a period of time less than the
duration of the order.
(6) The court may require the party to surrender any
firearm or other dangerous weapon in his or her immediate
possession or control or subject to his or her immediate
[Title 9 RCW—page 34]
possession or control to the sheriff of the county having
jurisdiction of the proceeding, the chief of police of the
municipality having jurisdiction, or to the restrained or
enjoined party’s counsel or to any person designated by the
court. [2002 c 302 § 704; 1996 c 295 § 14; 1994 sp.s. c 7
§ 430.]
Application—Construction—Short title—Severability—2002 c 302:
See RCW 26.26.903, 26.26.911, and 26.26.912.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9.41.810 Penalty. Any violation of any provision of
this chapter, except as otherwise provided, shall be a
misdemeanor and punishable accordingly. [1984 c 258 §
312; 1983 c 232 § 11; 1983 c 3 § 7; 1961 c 124 § 12; 1935
c 172 § 16; RRS § 2516-16. Formerly RCW 9.41.160.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1983 c 232: See note following RCW 9.41.010.
Chapter 9.44
PETITION MISCONDUCT
Sections
9.44.080
Misconduct in signing a petition.
9.44.080 Misconduct in signing a petition. In a
situation not covered by RCW 29.79.440, 29.79.490,
29.82.170, or 29.82.220, every person who shall willfully
sign the name of another person or of a fictitious person, or
for any consideration, gratuity or reward shall sign his own
name to or withdraw his name from any referendum or other
petition circulated in pursuance of any law of this state or
any municipal ordinance; or in signing his name to such
petition shall willfully subscribe to any false statement
concerning his age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition
contains any such false or wrongful signature or statement,
shall file the same, or put the same off with intent that it
should be filed, as a true and genuine petition, shall be guilty
of a misdemeanor. [1999 c 143 § 4; 1909 c 249 § 337; RRS
§ 2589.]
Forgery: RCW 9A.60.020.
Initiative and referendum petition forgery: RCW 29.79.440, 29.79.490.
Recall petition forgery: RCW 29.82.170, 29.82.220.
Chapter 9.45
FRAUDS AND SWINDLES
Sections
9.45.020
9.45.060
9.45.070
9.45.080
9.45.090
9.45.100
9.45.122
Substitution of child.
Encumbered, leased, or rented personal property—
Construction.
Mock auctions.
Fraudulent removal of property.
Knowingly receiving fraudulent conveyance.
Fraud in assignment for benefit of creditors.
Measurement of commodities—Public policy.
(2002 Ed.)
Frauds and Swindles
9.45.124
Measurement of commodities—Measuring inaccurately—
Altering measuring devices—Penalty.
9.45.126
Measurement of commodities—Inducing violations—
Penalty.
9.45.160
Fraud in liquor warehouse receipts.
9.45.170
Penalty.
9.45.210
Altering sample or certificate of assay.
9.45.220
Making false sample or assay of ore.
9.45.230
Penalty.
9.45.260
Fire protection sprinkler system contractors—Wrongful acts.
Bank or trust company
falsification or destruction of records: RCW 30.12.090, 30.12.100.
preferential transfers: RCW 30.44.110.
receiving deposits when insolvent: RCW 30.44.120.
using name of unlawfully: RCW 30.04.020.
"Bushing" by motor vehicle dealers: RCW 46.70.180(4).
Caskets, record when body cremated: RCW 68.50.250.
Cemeteries, representing fund as perpetual: RCW 68.40.085.
Cigarette tax fraud: RCW 82.24.110.
Domestic insurers, illegal or corrupt practices: RCW 48.06.190, 48.07.060,
48.08.040.
Election fraud: Chapter 29.85 RCW.
Employment agent, fraud: RCW 49.44.050.
Falsification of books of credit union: Chapter 31.12 RCW.
Fish and wildlife, false or misleading information: RCW 77.15.270.
Food, drugs, and cosmetics: RCW 69.04.040, 69.04.060, 69.04.070.
Fraud: Chapter 9A.60 RCW.
Fraud by engraver of public bonds: RCW 39.44.101.
Fraudulent conveyances: Chapter 19.40 RCW.
Insurance
agent, etc., appropriating funds, etc.: RCW 48.17.480.
fraud and unfair practices: Chapter 48.30 RCW.
Insured property, fraudulent injury or destruction: RCW 48.30.220.
Intent to defraud: RCW 10.58.040.
Land registration fraud: RCW 65.12.750.
Motor vehicle
certificates of ownership, falsifying: RCW 46.12.210, 46.12.220.
dealers: RCW 46.70.180.
fuel tax fraud: RCW 82.36.330, 82.36.380 through 82.36.400.
Mutual savings banks
falsification of books, etc.: RCW 32.04.100.
transfers due to insolvency: RCW 32.24.080.
Obtaining employment by false recommendation: RCW 49.44.040.
Ownership of property, proof of: RCW 10.58.060.
Public assistance fraud: RCW 74.08.055, 74.08.331.
Savings and loan associations
falsification of books, etc.: RCW 33.36.040.
illegal loans and purchasing at discount by employees: RCW 33.36.010,
33.36.020.
preferential transfers of property: RCW 33.36.030.
Sporting contest fraud: RCW 67.24.010.
State employees’ retirement, falsification of statements, etc.: RCW
41.40.055.
State patrol retirement fund, falsifications: RCW 43.43.320.
Tax assessed property, removal to avoid payment: RCW 84.56.120,
84.56.200.
Teachers’ retirement, falsification of statements, etc.: RCW 41.32.055.
Wages, rebating, etc., by employers: RCW 49.52.050, 49.52.090.
Warehouseman or common carrier issuing false documents: Chapter 22.32
RCW.
9.45.020 Substitution of child. Every person to
whom a child has been confided for nursing, education or
any other purpose, who, with intent to deceive a person,
guardian or relative of such child, shall substitute or produce
(2002 Ed.)
Chapter 9.45
to such parent, guardian or relative, another child or person
in the place of the child so confided, shall be punished by
imprisonment in a state correctional facility for not more
than ten years. [1992 c 7 § 9; 1909 c 249 § 123; RRS §
2375.]
9.45.060 Encumbered, leased, or rented personal
property—Construction. Every person being in possession
thereof, who shall sell, remove, conceal, convert to his own
use, or destroy or connive at or consent to the sale, removal,
conversion, concealment or destruction of any personal
property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental
agreement, or lease exists, with intent to hinder, delay, or
defraud the secured party of such security agreement, or the
holder of such mortgage, lien, or conditional sales contract
or the lessor under such lease or rentor of [under] such
rental agreement, or any assignee of such security agreement,
mortgage, lien, conditional sales contract, rental agreement
or lease shall be guilty of a gross misdemeanor.
In any prosecution under this section any allegation
containing a description of the security agreement, mortgage,
lien, conditional sales contract, rental agreement, or lease by
reference to the date thereof and names of the parties
thereto, shall be sufficiently definite and certain.
The provisions of this section shall be cumulative and
nonexclusive and shall not affect any other criminal provision. [1971 c 61 § 1; 1965 ex.s. c 109 § 1; 1909 c 249 §
377; RRS § 2629.]
Destruction or removal of fixtures, etc., from mortgaged real property:
RCW 61.12.030.
Larceny, sale of mortgaged property: Chapter 9A.56 RCW.
9.45.070 Mock auctions. Every person who shall
obtain any money or property from another or shall obtain
the signature of another to any writing the false making of
which would be forgery, by color or aid of any false or
fraudulent sale of property or pretended sale of property by
auction, or by any of the practices known as mock auction,
shall be punished by imprisonment in a state correctional
facility for not more than five years or in the county jail for
not more than one year, or by a fine of not more than one
thousand dollars, or by both fine and imprisonment.
Every person who shall buy or sell or pretend to buy or
sell any goods, wares or merchandise, exposed to sale by
auction, if an actual sale, purchase and change of ownership
therein does not thereupon take place, shall be guilty of a
misdemeanor. [1992 c 7 § 10; 1909 c 249 § 378; RRS §
2630.]
Auctioneering without license: RCW 36.71.070.
Auctioneers: Chapter 18.11 RCW.
9.45.080 Fraudulent removal of property. Every
person who, with intent to defraud a prior or subsequent
purchaser thereof, or prevent any of his property being made
liable for the payment of any of his debts, or levied upon by
an execution or warrant of attachment, shall remove any of
his property, or secrete, assign, convey or otherwise dispose
of the same, or with intent to defraud a creditor shall
remove, secrete, assign, convey or otherwise dispose of any
of his books or accounts, vouchers or writings in any way
[Title 9 RCW—page 35]
9.45.080
Title 9 RCW: Crimes and Punishments
relating to his business affairs, or destroy, obliterate, alter or
erase any of such books of account, accounts, vouchers or
writing or any entry, memorandum or minute therein contained, shall be guilty of a gross misdemeanor. [1909 c 249
§ 379; RRS § 2631.]
products, or shall intentionally alter the recordation of such
measurements, shall be guilty of a felony, punishable by
imprisonment in a state correctional facility for not more
than ten years, or by a fine of not more than five thousand
dollars, or both. [1992 c 7 § 11; 1967 c 200 § 2.]
9.45.090 Knowingly receiving fraudulent conveyance. Every person who shall receive any property or
conveyance thereof from another, knowing that the same is
transferred or delivered to him in violation of, or with the
intent to violate RCW 9.45.080, shall be guilty of a misdemeanor. [1909 c 249 § 380; RRS § 2632.]
9.45.126 Measurement of commodities—Inducing
violations—Penalty. Every person who shall give, offer or
promise, or conspire to give, offer or promise, directly or
indirectly, any compensation, gratuity or reward to any
person, corporation, independent contractor, or agent,
employee or servant thereof with intent to violate RCW
9.45.124, shall be guilty of a felony, punishable by imprisonment in a state correctional facility for not more than ten
years, or by a fine of not more than five thousand dollars, or
both. [1992 c 7 § 12; 1967 c 200 § 3.]
9.45.100 Fraud in assignment for benefit of creditors. Every person who, having made, or being about to
make, a general assignment of his property to pay his debts,
shall by color or aid of any false or fraudulent representation, pretense, token or writing induce any creditor to
participate in the benefits of such assignments, or to give
any release or discharge of his claim or any part thereof, or
shall connive at the payment in whole or in part of any false,
fraudulent or fictitious claim, shall be guilty of a gross
misdemeanor. [1909 c 249 § 381; RRS § 2633.]
Assignment for benefit of creditors: Chapter 7.08 RCW.
Banks and trust companies, preferential transfers: RCW 30.44.110.
Mutual savings banks, transfer of assets due to insolvency: RCW
32.24.080.
9.45.122 Measurement of commodities—Public
policy. Because of the widespread importance to the
marketing of goods, raw materials, and agricultural products
such as, but not limited to, grains, timber, logs, wood chips,
scrap metal, oil, gas, petroleum products, coal, fish and other
commodities, that qualitative and quantitative measurements
of such goods, materials and products be accurately and
honestly made, it is declared to be the public policy of this
state that certain conduct with respect to said measurement
be declared unlawful. [1967 c 200 § 1.]
Severability—1967 c 200: "If any provision of this act, or the
application thereof to any person or circumstance, is held invalid, such
invalidity shall not affect other provisions or applications of this act which
can be given effect without the invalid provision or application, and to this
end the provisions of this act are declared to be severable." [1967 c 200 §
13.]
Weights and measures: Chapter 19.94 RCW.
9.45.124 Measurement of commodities—Measuring
inaccurately—Altering measuring devices—Penalty.
Every person, corporation, or association whether profit or
nonprofit, who shall ask or receive, or conspire to ask or
receive, directly or indirectly, any compensation, gratuity, or
reward or any promise thereof, on any agreement or understanding that he or she shall (1) intentionally make an
inaccurate visual or mechanical measurement or an intentionally inaccurate recording of any visual or mechanical
measurement of goods, raw materials, and agricultural
products (whether severed or unsevered from the land) which
he or she has or will have the duty to measure, or shall (2)
intentionally change, alter or affect, for the purpose of
making an inaccurate measurement, any equipment or other
device which is designed to measure, either qualitatively or
quantitatively, such goods, raw materials, and agricultural
[Title 9 RCW—page 36]
9.45.160 Fraud in liquor warehouse receipts. It
shall be unlawful for any person, firm, association or
corporation to make, utter, circulate, sell or offer for sale any
certificate of any warehouse, distillery or depository for
intoxicating liquors unless the identical liquor mentioned in
such certificate is in the possession of the warehouse,
distillery or depository mentioned in such certificate fully
paid for, so that the owners and holder of such certificate
will be entitled to obtain such intoxicating liquors without
the payment of any additional sum except the tax of the
government and the tax of the state, county and city in
which such warehouse, distillery or depository may be
located, and any storage charges. [1909 c 202 § 1. No
RRS.]
9.45.170 Penalty. Any person violating any of the
provisions of RCW 9.45.160, shall, upon conviction thereof,
be punished by imprisonment in the penitentiary for not
more than five years nor less than one year, or imprisonment
in the county jail for any length of time not exceeding one
year. [1909 c 202 § 2. No RRS.]
9.45.210 Altering sample or certificate of assay.
Any person who shall interfere with or in any manner
change samples of ores or bullion produced for sampling, or
change or alter samples or packages of ores or bullion which
have been purchased for assaying, or who shall change or
alter any certificate of sampling or assaying, with intent to
cheat, wrong or defraud, shall be deemed guilty of a felony.
[1890 p 99 § 2; RRS § 2712.]
9.45.220 Making false sample or assay of ore. Any
person who shall, with intent to cheat, wrong or defraud,
make or publish a false sample of ore or bullion, or who
shall make or publish or cause to be published a false assay
of ore or bullion, shall be deemed guilty of a felony. [1890
p 99 § 3; RRS § 2713.]
9.45.230 Penalty. Any person violating any of the
provisions of RCW 9.45.210 or 9.45.220 shall be deemed
guilty of a felony, and upon conviction thereof, shall be
fined in any sum not less than fifty nor more than one
thousand dollars, or by imprisonment in the penitentiary for
(2002 Ed.)
Frauds and Swindles
9.45.230
9.46.070
9.46.0701
9.46.071
9.46.072
9.46.075
Gambling commission—Powers and duties.
Charitable or nonprofit organizations—Sharing facilities.
Information for compulsive gamblers.
Pathological gambling behavior—Warning.
Gambling commission—Denial, suspension, or revocation of
license, permit—Other provisions not applicable.
Gambling commission—Vacation of certain suspensions
upon payment of monetary penalty.
Gambling commission—Administrator—Staff—Rules and
regulations—Service contracts.
Gambling commission—Members and employees—
Activities prohibited.
Gambling commission—Reports.
Gambling commission—Proceedings against, jurisdiction—
Immunity from liability.
Gambling revolving fund—Created—Receipts—
Disbursements—Use.
Taxation of gambling activities—Limitations—Restrictions
on punch boards and pull-tabs—Lien.
Taxation of gambling activities—Disbursement.
Fees on pull-tab and punchboard sales.
Restrictions on management or operation personnel—
Restriction on leased premises.
Inspection and audit of premises, paraphernalia, books, and
records—Reports for the commission.
Gambling commission—Investigations—Inspections—
Hearing and subpoena power—Administrative law judges.
Injunctions—Voiding of licenses, permits, or certificates.
Applicants and licensees—Responsibilities and duties—
Waiver of liability—Investigation statement as privileged.
Applicants and licensees—Bribes to public officials, employees, agents—Penalty.
Applicants, licensees, operators—Commission approval for
hiring certain persons.
Conducting activity without license.
False or misleading entries or statements, refusal to produce
records.
Causing person to violate chapter.
Causing person to violate rule or regulation.
Violations relating to fraud or deceit.
Cities and towns—Ordinance enacting certain sections of
chapter—Limitations—Penalties.
Cities and towns—Ordinance adopting certain sections of
chapter—Jurisdiction of courts.
Obstruction of public servant—Penalty.
Cheating—Defined.
Cheating in the first degree.
Cheating in the second degree.
Working in gambling activity without license as violation—
Penalty.
Action for money damages due to violations—Interest—
Attorneys’ fees—Evidence for exoneration.
Enforcement—Commission as a law enforcement agency.
Ownership or interest in gambling device—Penalty—
Exceptions.
Gambling records—Penalty—Exceptions.
Professional gambling in the first degree.
Professional gambling in the second degree.
Professional gambling in the third degree.
Professional gambling—Penalties not applicable to authorized activities.
Gambling devices, real and personal property—Seizure and
forfeiture.
Slot machines, antique—Defenses concerning—Presumption
created.
Gambling information, transmitting or receiving.
Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.
Proof of possession as evidence of knowledge of its character.
Taxing authority, exclusive.
Licensing and regulation authority, exclusive.
State lottery exemption.
Fishing derbies exempted.
not less than one year nor more than five years, or by both
such fine and imprisonment. [1983 c 3 § 8; 1890 p 99 § 4;
RRS § 2714.]
9.45.260 Fire protection sprinkler system contractors—Wrongful acts. Any fire protection sprinkler system
contractor, defined under RCW 18.160.010, who willfully
and maliciously constructs, installs, or maintains a fire
protection sprinkler system in any structure so as to threaten
the safety of any occupant or user of the structure in the
event of a fire, is guilty of a class C felony. This section
may not be construed to create any criminal liability for a
prime contractor or an owner of a structure unless it is
proved that the prime contractor or owner had actual
knowledge of an illegal construction, installation, or maintenance of a fire protection sprinkler system by a fire protection sprinkler system contractor. [1992 c 116 § 1.]
Fire protection sprinkler system contractors, licensing and regulation:
Chapter 18.160 RCW.
Chapter 9.46
GAMBLING—1973 ACT
Sections
9.46.010
9.46.0201
9.46.0205
9.46.0209
9.46.0213
9.46.0217
9.46.0221
9.46.0225
9.46.0229
9.46.0233
9.46.0237
9.46.0241
9.46.0245
9.46.0249
9.46.0253
9.46.0257
9.46.0261
9.46.0265
9.46.0269
9.46.0273
9.46.0277
9.46.0282
9.46.0285
9.46.0289
9.46.0305
9.46.0311
9.46.0315
9.46.0321
9.46.0325
9.46.0331
9.46.0335
9.46.0341
9.46.0345
9.46.0351
9.46.0356
9.46.0361
9.46.039
9.46.040
9.46.050
9.46.060
(2002 Ed.)
Legislative declaration.
"Amusement game."
"Bingo."
"Bona fide charitable or nonprofit organization."
"Bookmaking."
"Commercial stimulant."
"Commission."
"Contest of chance."
"Fishing derby."
"Fund raising event."
"Gambling."
"Gambling device."
"Gambling information."
"Gambling premises."
"Gambling record."
"Lottery."
"Member," "bona fide member."
"Player."
"Professional gambling."
"Punch boards," "pull-tabs."
"Raffle."
"Social card game."
"Thing of value."
"Whoever," "person."
Dice or coin contests for music, food, or beverage payment.
Charitable, nonprofit organizations—Authorized gambling
activities.
Raffles—No license required, when.
Bingo, raffles, amusement games—No license required,
when.
Social card games, punch boards, pull-tabs authorized.
Amusement games authorized—Minimum rules.
Sports pools authorized.
Golfing sweepstakes authorized.
Bowling sweepstakes authorized.
Social card, dice games—Use of premises of charitable,
nonprofit organizations.
Promotional contests of chance authorized.
Turkey shoots authorized.
Greyhound racing prohibited.
Gambling commission—Members—Appointment—
Vacancies, filling.
Gambling commission—Chairman—Quorum—Meetings—
Compensation and travel expenses—Bond—Removal.
Gambling commission—Counsel—Audits—Payment for.
9.46.077
9.46.080
9.46.085
9.46.090
9.46.095
9.46.100
9.46.110
9.46.113
9.46.116
9.46.120
9.46.130
9.46.140
9.46.150
9.46.153
9.46.155
9.46.158
9.46.160
9.46.170
9.46.180
9.46.185
9.46.190
9.46.192
9.46.193
9.46.195
9.46.196
9.46.1961
9.46.1962
9.46.198
9.46.200
9.46.210
9.46.215
9.46.217
9.46.220
9.46.221
9.46.222
9.46.225
9.46.231
9.46.235
9.46.240
9.46.250
9.46.260
9.46.270
9.46.285
9.46.291
9.46.293
[Title 9 RCW—page 37]
Chapter 9.46
Title 9 RCW: Crimes and Punishments
9.46.295
9.46.300
Licenses, scope of authority—Exception.
Licenses and reports—Public inspection—Exceptions and
requirements—Charges.
9.46.310
Licenses for manufacture, sale, distribution, or supply of
gambling devices.
9.46.350
Civil action to collect fees, interest, penalties, or tax—Writ
of attachment—Records as evidence.
9.46.360
Indian tribes—Compact negotiation process.
9.46.36001 Tribal actions—Federal jurisdiction.
9.46.400
Wildlife raffle.
9.46.410
Use of public assistance electronic benefit cards prohibited—Licensee to report violations.
9.46.420
RCW 9.46.410 to be negotiated with Indian tribes.
9.46.900
Severability—1973 1st ex.s. c 218.
9.46.901
Intent—1987 c 4.
9.46.902
Construction—1987 c 4.
9.46.903
Intent—1994 c 218.
State lottery commission—Sale of tickets or shares—Other law inapplicable:
RCW 67.70.210.
9.46.010 Legislative declaration. The public policy
of the state of Washington on gambling is to keep the
criminal element out of gambling and to promote the social
welfare of the people by limiting the nature and scope of
gambling activities and by strict regulation and control.
It is hereby declared to be the policy of the legislature,
recognizing the close relationship between professional
gambling and organized crime, to restrain all persons from
seeking profit from professional gambling activities in this
state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the
evils induced by common gamblers and common gambling
houses engaged in professional gambling; and at the same
time, both to preserve the freedom of the press and to avoid
restricting participation by individuals in activities and social
pastimes, which activities and social pastimes are more for
amusement rather than for profit, do not maliciously affect
the public, and do not breach the peace.
The legislature further declares that the raising of funds
for the promotion of bona fide charitable or nonprofit
organizations is in the public interest as is participation in
such activities and social pastimes as are hereinafter in this
chapter authorized.
The legislature further declares that the conducting of
bingo, raffles, and amusement games and the operation of
punch boards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this
chapter and any rules and regulations adopted pursuant
thereto, are hereby authorized, as are only such lotteries for
which no valuable consideration has been paid or agreed to
be paid as hereinafter in this chapter provided.
The legislature further declares that fishing derbies shall
not constitute any form of gambling and shall not be
considered as a lottery, a raffle, or an amusement game and
shall not be subject to the provisions of this chapter or any
rules and regulations adopted hereunder.
The legislature further declares that raffles authorized by
the fish and wildlife commission involving hunting big game
animals or wild turkeys shall not be subject to the provisions
of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
All factors incident to the activities authorized in this
chapter shall be closely controlled, and the provisions of this
chapter shall be liberally construed to achieve such end.
[1996 c 101 § 2; 1994 c 218 § 2; 1975 1st ex.s. c 259 § 1;
[Title 9 RCW—page 38]
1974 ex.s. c 155 § 1; 1974 ex.s. c 135 § 1; 1973 1st ex.s. c
218 § 1.]
Findings—1996 c 101: See note following RCW 77.32.530.
Effective date—1994 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 218 § 20.]
Severability—1974 ex.s. c 155: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 155 § 13; 1974
ex.s. c 135 § 13.] Section 14 of the act, which provided for an effective
date and that the act would be subject to referendum petition, was vetoed
by the governor. The veto and the related message can be found in chapter
155, Laws of 1974 ex. sess.
9.46.0201 "Amusement game." "Amusement game,"
as used in this chapter, means a game played for entertainment in which:
(1) The contestant actively participates;
(2) The outcome depends in a material degree upon the
skill of the contestant;
(3) Only merchandise prizes are awarded;
(4) The outcome is not in the control of the operator;
(5) The wagers are placed, the winners are determined,
and a distribution of prizes or property is made in the
presence of all persons placing wagers at such game; and
(6) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner
and at such locations as may be authorized by rules and
regulations adopted by the commission pursuant to this
chapter as now or hereafter amended.
Cake walks as commonly known and fish ponds as
commonly known shall be treated as amusement games for
all purposes under this chapter. [1987 c 4 § 2. Formerly
RCW 9.46.020(1), part.]
9.46.0205 "Bingo." "Bingo," as used in this chapter,
means a game conducted only in the county within which
the organization is principally located in which prizes are
awarded on the basis of designated numbers or symbols on
a card conforming to numbers or symbols selected at random
and in which no cards are sold except at the time and place
of said game, when said game is conducted by a bona fide
charitable or nonprofit organization, or if an agricultural fair
authorized under chapters 15.76 and 36.37 RCW, which does
not conduct bingo on more than twelve consecutive days in
any calendar year, and except in the case of any agricultural
fair as authorized under chapters 15.76 and 36.37 RCW, no
person other than a bona fide member or an employee of
said organization takes any part in the management or
operation of said game, and no person who takes any part in
the management or operation of said game takes any part in
the management or operation of any game conducted by any
other organization or any other branch of the same organization, unless approved by the commission, and no part of
the proceeds thereof inure to the benefit of any person other
than the organization conducting said game. For the
purposes of this section, the organization shall be deemed to
be principally located in the county within which it has its
primary business office. If the organization has no business
office, the organization shall be deemed to be located in the
county of principal residence of its chief executive officer:
(2002 Ed.)
Gambling—1973 Act
PROVIDED, That any organization which is conducting any
licensed and established bingo game in any locale as of
January 1, 1981, shall be exempt from the requirement that
such game be conducted in the county in which the organization is principally located. [2002 c 369 § 1; 1987 c 4 § 3.
Formerly RCW 9.46.020(2).]
9.46.0209 "Bona fide charitable or nonprofit
organization." "Bona fide charitable or nonprofit organization," as used in this chapter, means: (1) Any organization
duly existing under the provisions of chapter 24.12, 24.20,
or 24.28 RCW, any agricultural fair authorized under the
provisions of chapters 15.76 or 36.37 RCW, or any nonprofit
corporation duly existing under the provisions of chapter
24.03 RCW for charitable, benevolent, eleemosynary,
educational, civic, patriotic, political, social, fraternal,
athletic or agricultural purposes only, or any nonprofit
organization, whether incorporated or otherwise, when found
by the commission to be organized and operating for one or
more of the aforesaid purposes only, all of which in the
opinion of the commission have been organized and are
operated primarily for purposes other than the operation of
gambling activities authorized under this chapter; or (2) any
corporation which has been incorporated under Title 36
U.S.C. and whose principal purposes are to furnish volunteer
aid to members of the armed forces of the United States and
also to carry on a system of national and international relief
and to apply the same in mitigating the sufferings caused by
pestilence, famine, fire, floods, and other national calamities
and to devise and carry on measures for preventing the
same. Such an organization must have been organized and
continuously operating for at least twelve calendar months
immediately preceding making application for any license to
operate a gambling activity, or the operation of any gambling
activity authorized by this chapter for which no license is
required. It must have not less than fifteen bona fide active
members each with the right to an equal vote in the election
of the officers, or board members, if any, who determine the
policies of the organization in order to receive a gambling
license. An organization must demonstrate to the commission that it has made significant progress toward the accomplishment of the purposes of the organization during the
twelve consecutive month period preceding the date of
application for a license or license renewal. The fact that
contributions to an organization do not qualify for charitable
contribution deduction purposes or that the organization is
not otherwise exempt from payment of federal income taxes
pursuant to the internal revenue code of 1954, as amended,
shall constitute prima facie evidence that the organization is
not a bona fide charitable or nonprofit organization for the
purposes of this section.
Any person, association or organization which pays its
employees, including members, compensation other than is
reasonable therefor under the local prevailing wage scale
shall be deemed paying compensation based in part or whole
upon receipts relating to gambling activities authorized under
this chapter and shall not be a bona fide charitable or
nonprofit organization for the purposes of this chapter.
For the purposes of RCW 9.46.0315 and 9.46.110, a
bona fide nonprofit organization also includes a credit union
organized and operating under state or federal law. All
(2002 Ed.)
9.46.0205
revenue less prizes and expenses received from raffles
conducted by credit unions must be devoted to purposes
authorized under this section for charitable and nonprofit
organizations. [2000 c 233 § 1; 1987 c 4 § 4. Formerly
RCW 9.46.020(3).]
9.46.0213 "Bookmaking." "Bookmaking," as used in
this chapter, means accepting bets, upon the outcome of
future contingent events, as a business or in which the bettor
is charged a fee or "vigorish" for the opportunity to place a
bet. [1991 c 261 § 1; 1987 c 4 § 5. Formerly RCW
9.46.020(4).]
9.46.0217 "Commercial stimulant." "Commercial
stimulant," as used in this chapter, means an activity is
operated as a commercial stimulant, for the purposes of this
chapter, only when it is an activity operated in connection
with an established business, with the purpose of increasing
the volume of sales of food or drink for consumption on that
business premises. The commission may by rule establish
guidelines and criteria for applying this definition to its
applicants and licensees for gambling activities authorized by
this chapter as commercial stimulants. [1994 c 120 § 1;
1987 c 4 § 6. Formerly RCW 9.46.020(5).]
9.46.0221 "Commission." "Commission," as used in
this chapter, means the Washington state gambling commission created in RCW 9.46.040. [1987 c 4 § 7. Formerly
RCW 9.46.020(6).]
9.46.0225 "Contest of chance." "Contest of chance,"
as used in this chapter, means any contest, game, gaming
scheme, or gaming device in which the outcome depends in
a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
[1987 c 4 § 8. Formerly RCW 9.46.020(7).]
9.46.0229 "Fishing derby." "Fishing derby," as used
in this chapter, means a fishing contest, with or without the
payment or giving of an entry fee or other consideration by
some or all of the contestants, wherein prizes are awarded
for the species, size, weight, or quality of fish caught in a
bona fide fishing or recreational event. [1987 c 4 § 9.
Formerly RCW 9.46.020(8).]
9.46.0233 "Fund raising event." (1) "Fund raising
event," as used in this chapter, means a fund raising event
conducted during any seventy-two consecutive hours but
exceeding twenty-four consecutive hours and not more than
once in any calendar year or a fund raising event conducted
not more than twice each calendar year for not more than
twenty-four consecutive hours each time by a bona fide
charitable or nonprofit organization as defined in RCW
9.46.0209 other than any agricultural fair referred to thereunder, upon authorization therefor by the commission, which
the legislature hereby authorizes to issue a license therefor,
with or without fee, permitting the following activities, or
any of them, during such event: Bingo, amusement games,
contests of chance, lotteries, and raffles. However: (a)
Gross wagers and bets or revenue generated from partici[Title 9 RCW—page 39]
9.46.0233
Title 9 RCW: Crimes and Punishments
pants under subsection (2) of this section received by the
organization less the amount of money paid by the organization as winnings, or as payment for services or equipment
rental under subsection (2) of this section, and for the
purchase cost of prizes given as winnings do not exceed ten
thousand dollars during the total calendar days of such fund
raising event in the calendar year; (b) such activities shall
not include any mechanical gambling or lottery device
activated by the insertion of a coin or by the insertion of any
object purchased by any person taking a chance by gambling
in respect to the device; (c) only bona fide members of the
organization who are not paid for such service or persons
licensed or approved by the commission under subsection (2)
of this section shall participate in the management or
operation of the activities, and all income therefrom, after
deducting the cost of prizes and other expenses, shall be
devoted solely to the lawful purposes of the organization;
and (d) such organization shall notify the appropriate local
law enforcement agency of the time and place where such
activities shall be conducted. The commission shall require
an annual information report setting forth in detail the
expenses incurred and the revenue received relative to the
activities permitted.
(2) Bona fide charitable or nonprofit organizations may
hire a person or vendor, who is licensed or approved by the
commission, to organize and conduct a fund raising event on
behalf of the sponsoring organization subject to the following restrictions:
(a) The person or vendor may not provide the facility
for the event;
(b) The person or vendor may use paid personnel and
may be compensated by a fixed fee determined prior to the
event, but may not share in the proceeds of the event;
(c) All wagers must be made with scrip or chips having
no cash value. At the end of the event, participants may be
given the opportunity to purchase or otherwise redeem their
scrip or chips for merchandise prizes;
(d) The value of all purchased prizes must not exceed
ten percent of the gross revenue from the event; and
(e) Only members and guests of the sponsoring organization may participate in the event.
(3) Bona fide charitable or nonprofit organizations
holding a license to conduct a fund raising event may join
together to jointly conduct a fund raising event if:
(a) Approval to do so is received from the commission;
and
(b) The method of dividing the income and expenditures
and the method of recording and handling of funds are
disclosed to the commission in the application for approval
of the joint fund raising event and are approved by the
commission.
The gross wagers and bets or revenue generated from
participants under subsection (2) of this section received by
the organizations less the amount of money paid by the
organizations as winnings, or as payment for services or
equipment rental under subsection (2) of this section, and for
the purchase costs of prizes given as winnings may not
exceed ten thousand dollars during the total calendar days of
such event. The net receipts each organization receives shall
count against the organization’s annual limit stated in this
subsection.
[Title 9 RCW—page 40]
A joint fund raising event shall count against only the
lead organization or organizations receiving fifty percent or
more of the net receipts for the purposes of the number of
such events an organization may conduct each year.
The commission may issue a joint license for a joint
fund raising event and charge a license fee for such license
according to a schedule of fees adopted by the commission
which reflects the added cost to the commission of licensing
more than one licensee for the event. [2000 c 178 § 1; 1987
c 4 § 24. Formerly RCW 9.46.020(23).]
9.46.0237 "Gambling." "Gambling," as used in this
chapter, means staking or risking something of value upon
the outcome of a contest of chance or a future contingent
event not under the person’s control or influence, upon an
agreement or understanding that the person or someone else
will receive something of value in the event of a certain
outcome. Gambling does not include fishing derbies as
defined by this chapter, parimutuel betting as authorized by
chapter 67.16 RCW, bona fide business transactions valid
under the law of contracts, including, but not limited to,
contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss
caused by the happening of chance, including, but not
limited to, contracts of indemnity or guarantee and life,
health, or accident insurance. In addition, a contest of
chance which is specifically excluded from the definition of
lottery under this chapter shall not constitute gambling.
[1987 c 4 § 10. Formerly RCW 9.46.020(9).]
9.46.0241 "Gambling device." "Gambling device,"
as used in this chapter, means: (1) Any device or mechanism the operation of which a right to money, credits,
deposits or other things of value may be created, in return
for a consideration, as the result of the operation of an
element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic
games of chance; (2) any device or mechanism which, when
operated for a consideration, does not return the same value
or thing of value for the same consideration upon each
operation thereof; (3) any device, mechanism, furniture,
fixture, construction or installation designed primarily for use
in connection with professional gambling; and (4) any
subassembly or essential part designed or intended for use in
connection with any such device, mechanism, furniture, fixture, construction or installation. In the application of this
definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not
contain any mechanism which varies the chance of winning
free games or the number of free games which may be won
or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending
upon the number of coins inserted and requires the playing
of five balls individually upon the insertion of a nickel or
dime, as the case may be, to complete any one operation
thereof, shall not be deemed a gambling device: PROVIDED, That owning, possessing, buying, selling, renting,
leasing, financing, holding a security interest in, storing,
repairing and transporting such pinball machines or similar
mechanical amusement devices shall not be deemed engag(2002 Ed.)
Gambling—1973 Act
ing in professional gambling for the purposes of this chapter
and shall not be a violation of this chapter: PROVIDED
FURTHER, That any fee for the purchase or rental of any
such pinball machines or similar amusement devices shall
have no relation to the use to which such machines are put
but be based only upon the market value of any such
machine, regardless of the location of or type of premises
where used, and any fee for the storing, repairing and
transporting thereof shall have no relation to the use to
which such machines are put, but be commensurate with the
cost of labor and other expenses incurred in any such
storing, repairing and transporting. [1994 c 218 § 8; 1987
c 4 § 11. Formerly RCW 9.46.020(10).]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.0245 "Gambling information." "Gambling
information," as used in this chapter, means any wager made
in the course of and any information intended to be used for
professional gambling. In the application of this definition,
information as to wagers, betting odds and changes in betting
odds shall be presumed to be intended for use in professional
gambling. This section shall not apply to newspapers of
general circulation or commercial radio and television
stations licensed by the federal communications commission.
[1987 c 4 § 12. Formerly RCW 9.46.020(11).]
9.46.0249 "Gambling premises." "Gambling
premises," as used in this chapter, means any building, room,
enclosure, vehicle, vessel or other place used or intended to
be used for professional gambling. In the application of this
definition, any place where a gambling device is found shall
be presumed to be intended to be used for professional
gambling. [1987 c 4 § 13. Formerly RCW 9.46.020(12).]
9.46.0253 "Gambling record." "Gambling record,"
as used in this chapter, means any record, receipt, ticket,
certificate, token, slip or notation given, made, used or intended to be used in connection with professional gambling.
[1987 c 4 § 14. Formerly RCW 9.46.020(13).]
9.46.0257 "Lottery." "Lottery," as used in this
chapter, means a scheme for the distribution of money or
property by chance, among persons who have paid or agreed
to pay a valuable consideration for the chance. [1987 c 4 §
15. Formerly RCW 9.46.020(14).]
9.46.0261 "Member," "bona fide member."
"Member" and "bona fide member," as used in this chapter,
mean a person accepted for membership in an organization
eligible to be licensed by the commission under this chapter
upon application, with such action being recorded in the
official minutes of a regular meeting or who has held full
and regular membership status in the organization for a
period of not less than twelve consecutive months prior to
participating in the management or operation of any gambling activity. Such membership must in no way be dependent upon, or in any way related to, the payment of consideration to participate in any gambling activity.
Member or bona fide member shall include only
members of an organization’s specific chapter or unit
(2002 Ed.)
9.46.0241
licensed by the commission or otherwise actively conducting
the gambling activity: PROVIDED, That:
(1) Members of chapters or local units of a state,
regional or national organization may be considered members of the parent organization for the purpose of a gambling
activity conducted by the parent organization, if the rules of
the parent organization so permit;
(2) Members of a bona fide auxiliary to a principal
organization may be considered members of the principal
organization for the purpose of a gambling activity conducted by the principal organization. Members of the principal
organization may also be considered members of its auxiliary
for the purpose of a gambling activity conducted by the
auxiliary; and
(3) Members of any chapter or local unit within the
jurisdiction of the next higher level of the parent organization, and members of a bona fide auxiliary to that chapter or
unit, may assist any other chapter or local unit of that same
organization licensed by the commission in the conduct of
gambling activities.
No person shall be a member of any organization if that
person’s primary purpose for membership is to become, or
continue to be, a participant in, or an operator or manager
of, any gambling activity or activities. [1987 c 4 § 16.
Formerly RCW 9.46.020(15).]
9.46.0265 "Player." "Player," as used in this chapter,
means a natural person who engages, on equal terms with
the other participants, and solely as a contestant or bettor, in
any form of gambling in which no person may receive or
become entitled to receive any profit therefrom other than
personal gambling winnings, and without otherwise rendering
any material assistance to the establishment, conduct or
operation of a particular gambling activity. A natural person
who gambles at a social game of chance on equal terms with
the other participants shall not be considered as rendering
material assistance to the establishment, conduct or operation
of the social game merely by performing, without fee or
remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play,
permitting the use of premises for the game, or supplying
cards or other equipment to be used in the games. A person
who engages in "bookmaking" as defined in this chapter is
not a "player." A person who pays a fee or "vigorish"
enabling him or her to place a wager with a bookmaker, or
pays a fee other than as authorized by this chapter to
participate in a card game, contest of chance, lottery, or
gambling activity, is not a player. [1997 c 118 § 2; 1991 c
261 § 2; 1987 c 4 § 17. Formerly RCW 9.46.020(16).]
9.46.0269 "Professional gambling." (1) A person is
engaged in "professional gambling" for the purposes of this
chapter when:
(a) Acting other than as a player or in the manner
authorized by this chapter, the person knowingly engages in
conduct which materially aids any form of gambling activity;
or
(b) Acting other than in a manner authorized by this
chapter, the person pays a fee to participate in a card game,
contest of chance, lottery, or other gambling activity; or
[Title 9 RCW—page 41]
9.46.0269
Title 9 RCW: Crimes and Punishments
(c) Acting other than as a player or in the manner
authorized by this chapter, the person knowingly accepts or
receives money or other property pursuant to an agreement
or understanding with any other person whereby he or she
participates or is to participate in the proceeds of gambling
activity; or
(d) The person engages in bookmaking; or
(e) The person conducts a lottery; or
(f) The person violates RCW 9.46.039.
(2) Conduct under subsection (1)(a) of this section,
except as exempted under this chapter, includes but is not
limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or
activity involved, toward the acquisition or maintenance of
premises, paraphernalia, equipment or apparatus therefor,
toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases
thereof, toward the arrangement of any of its financial or
recording phases, or toward any other phase of its operation.
If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to
be used with the person’s knowledge for the purpose of
conducting gambling activity other than gambling activities
authorized by this chapter, and acting other than as a player,
and the person permits such to occur or continue or makes
no effort to prevent its occurrence or continuation, the
person shall be considered as being engaged in professional
gambling: PROVIDED, That the proprietor of a bowling
establishment who awards prizes obtained from player
contributions, to players successfully knocking down pins
upon the contingency of identifiable pins being placed in a
specified position or combination of positions, as designated
by the posted rules of the bowling establishment, where the
proprietor does not participate in the proceeds of the "prize
fund" shall not be construed to be engaging in "professional
gambling" within the meaning of this chapter: PROVIDED
FURTHER, That the books and records of the games shall
be open to public inspection. [1997 c 78 § 1; 1996 c 252 §
2; 1987 c 4 § 18. Formerly RCW 9.46.020(17).]
9.46.0273 "Punch boards," "pull-tabs." "Punch
boards" and "pull-tabs," as used in this chapter, shall be
given their usual and ordinary meaning as of July 16, 1973,
except that such definition may be revised by the commission pursuant to rules and regulations promulgated pursuant
to this chapter. [1987 c 4 § 19. Formerly RCW
9.46.020(18).]
9.46.0277 "Raffle." "Raffle," as used in this chapter,
means a game in which tickets bearing an individual number
are sold for not more than twenty-five dollars each and in
which a prize or prizes are awarded on the basis of a
drawing from the tickets by the person or persons conducting
the game, when the game is conducted by a bona fide
charitable or nonprofit organization, no person other than a
bona fide member of the organization takes any part in the
management or operation of the game, and no part of the
proceeds thereof inure to the benefit of any person other than
the organization conducting the game. [1995 2nd sp.s. c 4
§ 1; 1987 c 4 § 20. Formerly RCW 9.46.020(19).]
[Title 9 RCW—page 42]
9.46.0282 "Social card game." "Social card game"
as used in this chapter means a card game that constitutes
gambling and is authorized by the commission under RCW
9.46.070. Authorized card games may include a housebanked or a player-funded banked card game. No one may
participate in the card game or have an interest in the
proceeds of the card game who is not a player or a person
licensed by the commission to participate in social card
games. There shall be two or more participants in the card
game who are players or persons licensed by the commission. The card game must be played in accordance with the
rules adopted by the commission under RCW 9.46.070,
which shall include but not be limited to rules for the
collection of fees, limitation of wagers, and management of
player funds. The number of tables authorized shall be set
by the commission but shall not exceed a total of fifteen
separate tables per establishment. [1997 c 118 § 1.]
9.46.0285 "Thing of value." "Thing of value," as
used in this chapter, means any money or property, any
token, object or article exchangeable for money or property,
or any form of credit or promise, directly or indirectly,
contemplating transfer of money or property or of any
interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme
without charge. [1987 c 4 § 22. Formerly RCW
9.46.020(21).]
9.46.0289 "Whoever," "person." "Whoever" and
"person," as used in this chapter, include natural persons,
corporations and partnerships and associations of persons;
and when any corporate officer, director or stockholder or
any partner authorizes, participates in, or knowingly accepts
benefits from any violation of this chapter committed by his
or her corporation or partnership, he or she shall be punishable for such violation as if it had been directly committed
by him or her. [1987 c 4 § 23. Formerly RCW
9.46.020(22).]
9.46.0305 Dice or coin contests for music, food, or
beverage payment. The legislature hereby authorizes the
wagering on the outcome of the roll of dice or the flipping
of or matching of coins on the premises of an establishment
engaged in the business of selling food or beverages for
consumption on the premises to determine which of the
participants will pay for coin-operated music on the premises
or certain items of food or beverages served or sold by such
establishment and therein consumed. Such establishments
are hereby authorized to possess dice and dice cups on their
premises, but only for use in such limited wagering. Persons
engaged in such limited form of wagering shall not be subject to the criminal or civil penalties otherwise provided for
in this chapter: PROVIDED, That minors shall be barred
from engaging in the wagering activities allowed by this
chapter. [1987 c 4 § 25. Formerly RCW 9.46.020(1), part.]
9.46.0311 Charitable, nonprofit organizations—
Authorized gambling activities. The legislature hereby
authorizes bona fide charitable or nonprofit organizations to
conduct bingo games, raffles, amusement games, and fund
raising events, and to utilize punch boards and pull-tabs and
(2002 Ed.)
Gambling—1973 Act
to allow their premises and facilities to be used by only
members, their guests, and members of a chapter or unit
organized under the same state, regional, or national charter
or constitution, to play social card games authorized by the
commission, when licensed, conducted or operated pursuant
to the provisions of this chapter and rules and regulations
adopted pursuant thereto. [1987 c 4 § 26. Formerly RCW
9.46.030(1).]
9.46.0315 Raffles—No license required, when. Bona
fide charitable or bona fide nonprofit organizations organized
primarily for purposes other than the conduct of raffles, are
hereby authorized to conduct raffles without obtaining a
license to do so from the commission when such raffles are
held in accordance with all other requirements of this
chapter, other applicable laws, and rules of the commission;
when gross revenues from all such raffles held by the organization during the calendar year do not exceed five thousand dollars; and when tickets to such raffles are sold only
to, and winners are determined only from among, the regular
members of the organization conducting the raffle. The
organization may provide unopened containers of beverages
containing alcohol as raffle prizes if the appropriate permit
has been obtained from the liquor control board: PROVIDED, That the term members for this purpose shall mean only
those persons who have become members prior to the
commencement of the raffle and whose qualification for
membership was not dependent upon, or in any way related
to, the purchase of a ticket, or tickets, for such raffles.
[1991 c 192 § 4; 1987 c 4 § 27. Formerly RCW
9.46.030(2).]
9.46.0321 Bingo, raffles, amusement games—No
license required, when. Bona fide charitable or bona fide
nonprofit organizations organized primarily for purposes
other than the conduct of such activities are hereby authorized to conduct bingo, raffles, and amusement games,
without obtaining a license to do so from the commission
but only when:
(1) Such activities are held in accordance with all other
requirements of this chapter, other applicable laws, and rules
of the commission;
(2) Said activities are, alone or in any combination,
conducted no more than twice each calendar year and over
a period of no more than twelve consecutive days each time,
notwithstanding the limitations of RCW 9.46.0205: PROVIDED, That a raffle conducted under this subsection may
be conducted for a period longer than twelve days;
(3) Only bona fide members of that organization, who
are not paid for such services, participate in the management
or operation of the activities;
(4) Gross revenues to the organization from all the
activities together do not exceed five thousand dollars during
any calendar year;
(5) All revenue therefrom, after deducting the cost of
prizes and other expenses of the activity, is devoted solely
to the purposes for which the organization qualifies as a
bona fide charitable or nonprofit organization;
(6) The organization gives notice at least five days in
advance of the conduct of any of the activities to the local
police agency of the jurisdiction within which the activities
(2002 Ed.)
9.46.0311
are to be conducted of the organization’s intent to conduct
the activities, the location of the activities, and the date or
dates they will be conducted; and
(7) The organization conducting the activities maintains
records for a period of one year from the date of the event
which accurately show at a minimum the gross revenue from
each activity, details of the expenses of conducting the
activities, and details of the uses to which the gross revenue
therefrom is put. [1987 c 4 § 28. Formerly RCW
9.46.030(3).]
9.46.0325 Social card games, punch boards, pulltabs authorized. The legislature hereby authorizes any
person, association or organization operating an established
business primarily engaged in the selling of food or drink for
consumption on the premises to conduct social card games
and to utilize punch boards and pull-tabs as a commercial
stimulant to such business when licensed and utilized or
operated pursuant to the provisions of this chapter and rules
and regulations adopted pursuant thereto. [1987 c 4 § 29.
Formerly RCW 9.46.030(4).]
9.46.0331 Amusement games authorized—Minimum
rules. The legislature hereby authorizes any person to
conduct or operate amusement games when licensed and
operated pursuant to the provisions of this chapter and rules
and regulations adopted by the commission at such locations
as the commission may authorize. The rules shall provide
for at least the following:
(1) Persons other than bona fide charitable or bona fide
nonprofit organizations shall conduct amusement games only
after obtaining a special amusement game license from the
commission.
(2) Amusement games may be conducted under such a
license only as a part of, and upon the site of:
(a) Any agricultural fair as authorized under chapter
15.76 or 36.37 RCW; or
(b) A civic center of a county, city, or town; or
(c) A world’s fair or similar exposition that is approved
by the bureau of international expositions at Paris, France;
or
(d) A community-wide civic festival held not more than
once annually and sponsored or approved by the city, town,
or county in which it is held; or
(e) A commercial exposition organized and sponsored
by an organization or association representing the retail sales
and service operators conducting business in a shopping
center or other commercial area developed and operated for
retail sales and service, but only upon a parking lot or
similar area located in said shopping center or commercial
area for a period of no more than seventeen consecutive days
by any licensee during any calendar year; or
(f) An amusement park. An amusement park is a group
of activities, at a permanent location, to which people go to
be entertained through a combination of various mechanical
or aquatic rides, theatrical productions, motion picture,
and/or slide show presentations with food and drink service.
The amusement park must include at least five different
mechanical, or aquatic rides, three additional activities, and
the gross receipts must be primarily from these amusement
activities; or
[Title 9 RCW—page 43]
9.46.0331
Title 9 RCW: Crimes and Punishments
(g) Within a regional shopping center. A regional
shopping center is a shopping center developed and operated
for retail sales and service by retail sales and service
operators and consisting of more than six hundred thousand
gross square feet not including parking areas. Amusement
games conducted as a part of, and upon the site of, a
regional shopping center shall not be subject to the prohibition on revenue sharing set forth in RCW 9.46.120(2); or
(h) A location that possesses a valid license from the
Washington state liquor [control] board and prohibits minors
on their premises; or
(i) Movie theaters, bowling alleys, miniature golf course
facilities, and amusement centers. For the purposes of this
section an amusement center shall be defined as a permanent
location whose primary source of income is from the
operation of ten or more amusement devices; or
(j) Any business whose primary activity is to provide
food service for on premises consumption and who offers
family entertainment which includes at least three of the
following activities: Amusement devices; theatrical productions; mechanical rides; motion pictures; and slide show
presentations.
(3) No amusement games may be conducted in any
location except in conformance with local zoning, fire,
health, and similar regulations. In no event may the licensee
conduct any amusement games at any of the locations set out
in subsection (2) of this section without first having obtained
the written permission to do so from the person or organization owning the premises or an authorized agent thereof, and
from the persons sponsoring the fair, exhibition, commercial
exhibition, or festival, or from the city or town operating the
civic center, in connection with which the games are to be
operated.
(4) In no event may a licensee conduct any amusement
games at the location described in subsection (2)(g) of this
section, without, at the location of such games, providing
adult supervision during all hours the licensee is open for
business at such location, prohibiting school-age minors from
entry during school hours, maintaining full-time personnel
whose responsibilities include maintaining security and daily
machine maintenance, and providing for hours for the close
of business at such location that are no later than 10:00 p.m.
on Fridays and Saturdays and on all other days that are the
same as those of the regional shopping center in which the
licensee is located.
(5) In no event may a licensee conduct any amusement
game at a location described in subsection (2)(i) or (j) of this
section, without, at the location of such games, providing
adult supervision during all hours the licensee is open for
business at such location, prohibiting school-age minors from
playing licensed amusement games during school hours,
maintaining full-time personnel whose responsibilities
include maintaining security and daily machine maintenance,
and prohibiting minors from playing the amusement games
after 10:00 p.m. on any day. [1991 c 287 § 1; 1987 c 4 §
30. Formerly RCW 9.46.030(5).]
9.46.0335 Sports pools authorized. The legislature
hereby authorizes any person, association, or organization to
conduct sports pools without a license to do so from the
commission but only when the outcome of which is depen[Title 9 RCW—page 44]
dent upon the score, or scores, of a certain athletic contest
and which is conducted only in the following manner:
(1) A board or piece of paper is divided into one
hundred equal squares, each of which constitutes a chance to
win in the sports pool and each of which is offered directly
to prospective contestants at one dollar or less;
(2) The purchaser of each chance or square signs his or
her name on the face of each square or chance he or she
purchases; and
(3) At some time not later than prior to the start of the
subject athletic contest the pool is closed and no further
chances in the pool are sold;
(4) After the pool is closed a prospective score is
assigned by random drawing to each square;
(5) All money paid by entrants to enter the pool less
taxes is paid out as the prize or prizes to those persons
holding squares assigned the winning score or scores from
the subject athletic contest;
(6) The sports pool board is available for inspection by
any person purchasing a chance thereon, the commission, or
by any law enforcement agency upon demand at all times
prior to the payment of the prize;
(7) The person or organization conducting the pool is
conducting no other sports pool on the same athletic event;
and
(8) The sports pool conforms to any rules and regulations of the commission applicable thereto. [1987 c 4 § 31.
Formerly RCW 9.46.030(6).]
9.46.0341 Golfing sweepstakes authorized. The
legislature hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit or license to do so from the commission,
golfing sweepstakes permitting wagers of money, and the
same shall not constitute such gambling or lottery as
otherwise prohibited in this chapter, or be subject to civil or
criminal penalties thereunder, but this only when the outcome of such golfing sweepstakes is dependent upon the
score, or scores, or the playing ability, or abilities, of a
golfing contest between individual players or teams of such
players, conducted in the following manner:
(1) Wagers are placed by buying tickets on any players
in a golfing contest to "win," "place," or "show" and those
holding tickets on the three winners may receive a payoff
similar to the system of betting identified as parimutuel, such
moneys placed as wagers to be used primarily as winners’
proceeds, except moneys used to defray the expenses of such
golfing sweepstakes or otherwise used to carry out the
purposes of such organization; or
(2) Participants in any golfing contest(s) pay a like sum
of money into a common fund on the basis of attaining a
stated number of points ascertainable from the score of such
participants, and those participants attaining such stated
number of points share equally in the moneys in the common fund, without any percentage of such moneys going to
the sponsoring organization; or
(3) An auction is held in which persons may bid on the
players or teams of players in the golfing contest, and the
person placing the highest bid on the player or team that
wins the golfing contest receives the proceeds of the auction,
except moneys used to defray the expenses of the golfing
(2002 Ed.)
Gambling—1973 Act
sweepstakes or otherwise used to carry out the purposes of
the organizations; and
(4) Participation is limited to members of the sponsoring
organization and their bona fide guests. [1997 c 38 § 1;
1987 c 4 § 32. Formerly RCW 9.46.030(7).]
9.46.0345 Bowling sweepstakes authorized. The
legislature hereby authorizes bowling establishments to
conduct, without the necessity of obtaining a permit or
license to do so, as a commercial stimulant, a bowling
activity which permits bowlers to purchase tickets from the
establishment for a predetermined and posted amount of
money, which tickets are then selected by the luck of the
draw and the holder of the matching ticket so drawn has an
opportunity to bowl a strike and if successful receives a
predetermined and posted monetary prize: PROVIDED,
That all sums collected by the establishment from the sale of
tickets shall be returned to purchasers of tickets and no part
of the proceeds shall inure to any person other than the participants winning in the game or a recognized charity. The
tickets shall be sold, and accounted for, separately from all
other sales of the establishment. The price of any single
ticket shall not exceed one dollar. Accounting records shall
be available for inspection during business hours by any
person purchasing a chance thereon, by the commission or
its representatives, or by any law enforcement agency.
[1987 c 4 § 33. Formerly RCW 9.46.030(8).]
9.46.0351 Social card, dice games—Use of premises
of charitable, nonprofit organizations. (1) The legislature
hereby authorizes any bona fide charitable or nonprofit
organization which is licensed pursuant to RCW 66.24.400,
and its officers and employees, to allow the use of the
premises, furnishings, and other facilities not gambling
devices of such organization by members of the organization, and members of a chapter or unit organized under the
same state, regional, or national charter or constitution, who
engage as players in the following types of gambling
activities only:
(a) Social card games; and
(b) Social dice games, which shall be limited to contests
of chance, the outcome of which are determined by one or
more rolls of dice.
(2) Bona fide charitable or nonprofit organizations shall
not be required to be licensed by the commission in order to
allow use of their premises in accordance with this section.
However, the following conditions must be met:
(a) No organization, corporation, or person shall collect
or obtain or charge any percentage of or shall collect or
obtain any portion of the money or thing of value wagered
or won by any of the players: PROVIDED, That a player
may collect his or her winnings; and
(b) No organization, corporation, or person shall collect
or obtain any money or thing of value from, or charge or
impose any fee upon, any person which either enables him
or her to play or results in or from his or her playing:
PROVIDED, That this subsection shall not preclude collection of a membership fee which is unrelated to participation
in gambling activities authorized under this section. [1999
c 143 § 5; 1987 c 4 § 34. Formerly RCW 9.46.030(9).]
(2002 Ed.)
9.46.0341
9.46.0356 Promotional contests of chance authorized. (1) The legislature authorizes a business to conduct
a promotional contest of chance as defined in this section, in
this state, or partially in this state, whereby the elements of
prize and chance are present but in which the element of
consideration is not present.
(2) Promotional contests of chance under this section are
not gambling as defined in RCW 9.46.0237.
(3) Promotional contests of chance shall be conducted
as advertising and promotional undertakings solely for the
purpose of advertising or promoting the services, goods,
wares, and merchandise of a business.
(4) No person eligible to receive a prize in a promotional contest of chance may be required to:
(a) Pay any consideration to the promoter or operator of
the business in order to participate in the contest; or
(b) Purchase any service, goods, wares, merchandise, or
anything of value from the business, however, for other than
contests entered through a direct mail solicitation, the
promoter or sponsor may give additional entries or chances
upon purchase of service, goods, wares, or merchandise if
the promoter or sponsor provides an alternate method of
entry requiring no consideration.
(5)(a) As used in this section, "consideration" means
anything of pecuniary value required to be paid to the
promoter or sponsor in order to participate in a promotional
contest. Such things as visiting a business location, placing
or answering a telephone call, completing an entry form or
customer survey, or furnishing a stamped, self-addressed
envelope do not constitute consideration.
(b) Coupons or entry blanks obtained by purchase of a
bona fide newspaper or magazine or in a program sold in
conjunction with a regularly scheduled sporting event are not
consideration.
(6) Unless authorized by the commission, equipment or
devices made for use in a gambling activity are prohibited
from use in a promotional contest.
(7) This section shall not be construed to permit
noncompliance with chapter 19.170 RCW, promotional
advertising of prizes, and chapter 19.86 RCW, unfair
business practices. [2000 c 228 § 1.]
9.46.0361 Turkey shoots authorized. The legislature
hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit
or license to do so from the commission, turkey shoots permitting wagers of money. Such contests shall not constitute
such gambling or lottery as otherwise prohibited in this
chapter, or be subject to civil or criminal penalties. Such
organizations must be organized for purposes other than the
conduct of turkey shoots.
Such turkey shoots shall be held in accordance with all
other requirements of this chapter, other applicable laws, and
rules that may be adopted by the commission. Gross
revenues from all such turkey shoots held by the organization during the calendar year shall not exceed five thousand
dollars. Turkey shoots conducted under this section shall
meet the following requirements:
(1) The target shall be divided into one hundred or
fewer equal sections, with each section constituting a chance
[Title 9 RCW—page 45]
9.46.0361
Title 9 RCW: Crimes and Punishments
to win. Each chance shall be offered directly to a prospective contestant for one dollar or less;
(2) The purchaser of each chance shall sign his or her
name on the face of the section he or she purchases;
(3) The person shooting at the target shall not be a
participant in the contest, but shall be a member of the
organization conducting the contest;
(4) Participation in the contest shall be limited to
members of the organization which is conducting the contest
and their guests;
(5) The target shall contain the following information:
(a) Distance from the shooting position to the target;
(b) The gauge of the shotgun;
(c) The type of choke on the barrel;
(d) The size of shot that will be used; and
(e) The prize or prizes that are to be awarded in the
contest;
(6) The targets, shotgun, and ammunition shall be
available for inspection by any person purchasing a chance
thereon, the commission, or by any law enforcement agency
upon demand, at all times before the prizes are awarded;
(7) The turkey shoot shall award the prizes based upon
the greatest number of shots striking a section;
(8) No turkey shoot may offer as a prize the right to
advance or continue on to another turkey shoot or turkey
shoot target; and
(9) Only bona fide members of the organization who are
not paid for such service may participate in the management
or operation of the turkey shoot, and all income therefrom,
after deducting the cost of prizes and other expenses, shall
be devoted solely to the lawful purposes of the organization.
[1987 c 4 § 36. Formerly RCW 9.46.030(12).]
consent of the senate, upon being appointed and qualified,
shall serve six year terms: PROVIDED, That no member of
the commission who has served a full six year term shall be
eligible for reappointment. In case of a vacancy, it shall be
filled by appointment by the governor for the unexpired
portion of the term in which said vacancy occurs. No
vacancy in the membership of the commission shall impair
the right of the remaining member or members to act, except
as in RCW 9.46.050(2) provided.
In addition to the members of the commission there
shall be four ex officio members without vote from the
legislature consisting of: (1) Two members of the senate,
one from the majority political party and one from the
minority political party, both to be appointed by the president of the senate; (2) two members of the house of representatives, one from the majority political party and one
from the minority political party, both to be appointed by the
speaker of the house of representatives; such appointments
shall be for the term of two years or for the period in which
the appointee serves as a legislator, whichever expires first;
members may be reappointed; vacancies shall be filled in the
same manner as original appointments are made. Such ex
officio members who shall collect data deemed essential to
future legislative proposals and exchange information with
the board shall be deemed engaged in legislative business
while in attendance upon the business of the board and shall
be limited to such allowances therefor as otherwise provided
in RCW 44.04.120, the same to be paid from the "gambling
revolving fund" as being expenses relative to commission
business. [1974 ex.s. c 155 § 12; 1974 ex.s. c 135 § 12;
1973 1st ex.s. c 218 § 4.]
9.46.039 Greyhound racing prohibited. (1) A
person may not hold, conduct, or operate live greyhound
racing for public exhibition, parimutuel betting, or special
exhibition events, if such activities are conducted for gambling purposes. A person may not transmit or receive
intrastate or interstate simulcasting of greyhound racing for
commercial, parimutuel, or exhibition purposes, if such
activities are conducted for gambling purposes.
(2) A person who violates this section is guilty of a
class B felony, under RCW 9.46.220, professional gambling
in the first degree, and is subject to the penalty under RCW
9A.20.021. [1996 c 252 § 1.]
9.46.050 Gambling commission—Chairman—
Quorum—Meetings—Compensation and travel expenses—Bond—Removal. (1) Upon appointment of the initial
membership the commission shall meet at a time and place
designated by the governor and proceed to organize, electing
one of such members as chairman of the commission who
shall serve until July 1, 1974; thereafter a chairman shall be
elected annually.
(2) A majority of the members shall constitute a quorum
of the commission: PROVIDED, That all actions of the
commission relating to the regulation of licensing under this
chapter shall require an affirmative vote by three or more
members of the commission.
(3) The principal office of the commission shall be at
the state capitol, and meetings shall be held at least quarterly
and at such other times as may be called by the chairman or
upon written request to the chairman of a majority of the
commission.
(4) Members shall be compensated in accordance with
RCW 43.03.250 and shall receive reimbursement for travel
expenses incurred in the performance of their duties as
provided in RCW 43.03.050 and 43.03.060.
(5) Before entering upon the duties of his office, each
of the members of the commission shall enter into a surety
bond executed by a surety company authorized to do
business in this state, payable to the state of Washington, to
be approved by the governor, in the penal sum of fifty
thousand dollars, conditioned upon the faithful performance
9.46.040 Gambling commission—Members—
Appointment—Vacancies, filling. There shall be a commission, known as the "Washington state gambling commission", consisting of five members appointed by the governor
with the consent of the senate. The members of the commission shall be appointed within thirty days of July 16,
1973 for terms beginning July 1, 1973, and expiring as
follows: One member of the commission for a term expiring
July 1, 1975; one member of the commission for a term
expiring July 1, 1976; one member of the commission for a
term expiring July 1, 1977; one member of the commission
for a term expiring July 1, 1978; and one member of the
commission for a term expiring July 1, 1979; each as the
governor so determines. Their successors, all of whom shall
be citizen members appointed by the governor with the
[Title 9 RCW—page 46]
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
(2002 Ed.)
Gambling—1973 Act
of his duties, and shall take and subscribe to the oath of
office prescribed for elective state officers, which oath and
bond shall be filed with the secretary of state. The premium
for said bond shall be paid by the commission.
(6) Any member of the commission may be removed for
inefficiency, malfeasance, or misfeasance in office, upon
specific written charges filed by the governor, who shall
transmit such written charges to the member accused and to
the chief justice of the supreme court. The chief justice
shall thereupon designate a tribunal composed of three
judges of the superior court to hear and adjudicate the
charges. Such tribunal shall fix the time of the hearing,
which shall be public, and the procedure for the hearing, and
the decision of such tribunal shall be final. Removal of any
member of the commission by the tribunal shall disqualify
such member for reappointment. [1984 c 287 § 9; 1975-’76
2nd ex.s. c 34 § 7; 1973 1st ex.s. c 218 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
9.46.060 Gambling commission—Counsel—Audits—
Payment for. (1) The attorney general shall be general
counsel for the state gambling commission and shall assign
such assistants as may be necessary in carrying out the
purposes and provisions of this chapter, which shall include
instituting and prosecuting any actions and proceedings
necessary thereto.
(2) The state auditor shall audit the books, records, and
affairs of the commission annually. The commission shall
pay to the state treasurer for the credit of the state auditor
such funds as may be necessary to defray the costs of such
audits. The commission may provide for additional audits
by certified public accountants. All such audits shall be
public records of the state.
The payment for legal services and audits as authorized
in this section shall be paid upon authorization of the
commission from moneys in the gambling revolving fund.
[1973 1st ex.s. c 218 § 6.]
9.46.070 Gambling commission—Powers and duties.
The commission shall have the following powers and duties:
(1) To authorize and issue licenses for a period not to
exceed one year to bona fide charitable or nonprofit organizations approved by the commission meeting the requirements of this chapter and any rules and regulations adopted
pursuant thereto permitting said organizations to conduct
bingo games, raffles, amusement games, and social card
games, to utilize punch boards and pull-tabs in accordance
with the provisions of this chapter and any rules and
regulations adopted pursuant thereto and to revoke or
suspend said licenses for violation of any provisions of this
chapter or any rules and regulations adopted pursuant
thereto: PROVIDED, That the commission shall not deny
a license to an otherwise qualified applicant in an effort to
limit the number of licenses to be issued: PROVIDED
FURTHER, That the commission or director shall not issue,
deny, suspend, or revoke any license because of considerations of race, sex, creed, color, or national origin: AND
PROVIDED FURTHER, That the commission may authorize
(2002 Ed.)
9.46.050
the director to temporarily issue or suspend licenses subject
to final action by the commission;
(2) To authorize and issue licenses for a period not to
exceed one year to any person, association, or organization
operating a business primarily engaged in the selling of
items of food or drink for consumption on the premises,
approved by the commission meeting the requirements of
this chapter and any rules and regulations adopted pursuant
thereto permitting said person, association, or organization to
utilize punch boards and pull-tabs and to conduct social card
games as a commercial stimulant in accordance with the
provisions of this chapter and any rules and regulations
adopted pursuant thereto and to revoke or suspend said
licenses for violation of any provisions of this chapter and
any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an
otherwise qualified applicant in an effort to limit the number
of licenses to be issued: PROVIDED FURTHER, That the
commission may authorize the director to temporarily issue
or suspend licenses subject to final action by the commission;
(3) To authorize and issue licenses for a period not to
exceed one year to any person, association, or organization
approved by the commission meeting the requirements of
this chapter and meeting the requirements of any rules and
regulations adopted by the commission pursuant to this
chapter as now or hereafter amended, permitting said person,
association, or organization to conduct or operate amusement
games in such manner and at such locations as the commission may determine;
(4) To authorize, require, and issue, for a period not to
exceed one year, such licenses as the commission may by
rule provide, to any person, association, or organization to
engage in the selling, distributing, or otherwise supplying or
in the manufacturing of devices for use within this state for
those activities authorized by this chapter;
(5) To establish a schedule of annual license fees for
carrying on specific gambling activities upon the premises,
and for such other activities as may be licensed by the
commission, which fees shall provide to the commission not
less than an amount of money adequate to cover all costs
incurred by the commission relative to licensing under this
chapter and the enforcement by the commission of the provisions of this chapter and rules and regulations adopted
pursuant thereto: PROVIDED, That all licensing fees shall
be submitted with an application therefor and such portion
of said fee as the commission may determine, based upon its
cost of processing and investigation, shall be retained by the
commission upon the withdrawal or denial of any such
license application as its reasonable expense for processing
the application and investigation into the granting thereof:
PROVIDED FURTHER, That if in a particular case the
basic license fee established by the commission for a
particular class of license is less than the commission’s
actual expenses to investigate that particular application, the
commission may at any time charge to that applicant such
additional fees as are necessary to pay the commission for
those costs. The commission may decline to proceed with
its investigation and no license shall be issued until the
commission has been fully paid therefor by the applicant:
AND PROVIDED FURTHER, That the commission may
establish fees for the furnishing by it to licensees of identifi[Title 9 RCW—page 47]
9.46.070
Title 9 RCW: Crimes and Punishments
cation stamps to be affixed to such devices and equipment
as required by the commission and for such other special
services or programs required or offered by the commission,
the amount of each of these fees to be not less than is
adequate to offset the cost to the commission of the stamps
and of administering their dispersal to licensees or the cost
of administering such other special services, requirements or
programs;
(6) To prescribe the manner and method of payment of
taxes, fees and penalties to be paid to or collected by the
commission;
(7) To require that applications for all licenses contain
such information as may be required by the commission:
PROVIDED, That all persons (a) having a managerial or
ownership interest in any gambling activity, or the building
in which any gambling activity occurs, or the equipment to
be used for any gambling activity, or (b) participating as an
employee in the operation of any gambling activity, shall be
listed on the application for the license and the applicant
shall certify on the application, under oath, that the persons
named on the application are all of the persons known to
have an interest in any gambling activity, building, or
equipment by the person making such application: PROVIDED FURTHER, That the commission shall require
fingerprinting and national criminal history background
checks on any persons seeking licenses, certifications, or
permits under this chapter or of any person holding an
interest in any gambling activity, building, or equipment to
be used therefor, or of any person participating as an
employee in the operation of any gambling activity. All
national criminal history background checks shall be conducted using fingerprints submitted to the United States
department of justice-federal bureau of investigation. The
commission must establish rules to delineate which persons
named on the application are subject to national criminal
history background checks. In identifying these persons, the
commission must take into consideration the nature, character, size, and scope of the gambling activities requested by
the persons making such applications;
(8) To require that any license holder maintain records
as directed by the commission and submit such reports as the
commission may deem necessary;
(9) To require that all income from bingo games, raffles,
and amusement games be recorded and reported as established by rule or regulation of the commission to the extent
deemed necessary by considering the scope and character of
the gambling activity in such a manner that will disclose
gross income from any gambling activity, amounts received
from each player, the nature and value of prizes, and the fact
of distributions of such prizes to the winners thereof;
(10) To regulate and establish maximum limitations on
income derived from bingo. In establishing limitations
pursuant to this subsection the commission shall take into
account (i) the nature, character, and scope of the activities
of the licensee; (ii) the source of all other income of the
licensee; and (iii) the percentage or extent to which income
derived from bingo is used for charitable, as distinguished
from nonprofit, purposes. However, the commission’s
powers and duties granted by this subsection are discretionary and not mandatory;
(11) To regulate and establish the type and scope of and
manner of conducting the gambling activities authorized by
[Title 9 RCW—page 48]
this chapter, including but not limited to, the extent of
wager, money, or other thing of value which may be
wagered or contributed or won by a player in any such
activities;
(12) To regulate the collection of and the accounting for
the fee which may be imposed by an organization, corporation, or person licensed to conduct a social card game on a
person desiring to become a player in a social card game in
accordance with RCW 9.46.0282;
(13) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating
any matter within the scope of its duties and responsibilities;
(14) In accordance with RCW 9.46.080, to adopt such
rules and regulations as are deemed necessary to carry out
the purposes and provisions of this chapter. All rules and
regulations shall be adopted pursuant to the administrative
procedure act, chapter 34.05 RCW;
(15) To set forth for the perusal of counties, citycounties, cities and towns, model ordinances by which any
legislative authority thereof may enter into the taxing of any
gambling activity authorized by this chapter;
(16) To establish and regulate a maximum limit on
salaries or wages which may be paid to persons employed in
connection with activities conducted by bona fide charitable
or nonprofit organizations and authorized by this chapter,
where payment of such persons is allowed, and to regulate
and establish maximum limits for other expenses in connection with such authorized activities, including but not limited
to rent or lease payments. However, the commissioner’s
powers and duties granted by this subsection are discretionary and not mandatory.
In establishing these maximum limits the commission
shall take into account the amount of income received, or
expected to be received, from the class of activities to which
the limits will apply and the amount of money the games
could generate for authorized charitable or nonprofit purposes absent such expenses. The commission may also take
into account, in its discretion, other factors, including but not
limited to, the local prevailing wage scale and whether
charitable purposes are benefited by the activities;
(17) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the
commission may by rule provide, to any person to work for
any operator of any gambling activity authorized by this
chapter in connection with that activity, or any manufacturer,
supplier, or distributor of devices for those activities in
connection with such business. The commission shall not
require that persons working solely as volunteers in an
authorized activity conducted by a bona fide charitable or
bona fide nonprofit organization, who receive no compensation of any kind for any purpose from that organization, and
who have no managerial or supervisory responsibility in
connection with that activity, be licensed to do such work.
The commission may require that licensees employing such
unlicensed volunteers submit to the commission periodically
a list of the names, addresses, and dates of birth of the
volunteers. If any volunteer is not approved by the commission, the commission may require that the licensee not allow
that person to work in connection with the licensed activity;
(18) To publish and make available at the office of the
commission or elsewhere to anyone requesting it a list of the
(2002 Ed.)
Gambling—1973 Act
commission licensees, including the name, address, type of
license, and license number of each licensee;
(19) To establish guidelines for determining what
constitutes active membership in bona fide nonprofit or
charitable organizations for the purposes of this chapter; and
(20) To perform all other matters and things necessary
to carry out the purposes and provisions of this chapter.
[2002 c 119 § 1; 1999 c 143 § 6; 1993 c 344 § 1; 1987 c 4
§ 38; 1981 c 139 § 3. Prior: 1977 ex.s. c 326 § 3; 1977
ex.s. c 76 § 2; 1975-’76 2nd ex.s. c 87 § 4; 1975 1st ex.s. c
259 § 4; 1974 ex.s. c 155 § 4; 1974 ex.s. c 135 § 4; 1973
2nd ex.s. c 41 § 4; 1973 1st ex.s. c 218 § 7.]
Effective date—1993 c 344: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1993." [1993 c 344 § 2.]
Severability—1981 c 139: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 139 § 19.]
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
Enforcement—Commission as a law enforcement agency: RCW 9.46.210.
9.46.0701 Charitable or nonprofit organizations—
Sharing facilities. The commission may allow existing
licensees under RCW 9.46.070(1) to share facilities at one
location. [2002 c 369 § 2.]
9.46.071 Information for compulsive gamblers. The
legislature recognizes that some individuals in this state are
problem or compulsive gamblers. Because the state promotes and regulates gambling through the activities of the
state lottery commission, the Washington horse racing
commission, and the Washington state gambling commission,
the state has the responsibility to continue to provide
resources for the support of services for problem and
compulsive gamblers. Therefore, the Washington state
gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop
informational signs concerning problem and compulsive
gambling which include a toll-free hot line number for problem and compulsive gamblers. The signs shall be placed in
the establishments of gambling licensees, horse racing
licensees, and lottery retailers. [1994 c 218 § 6.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.072 Pathological gambling behavior—Warning.
An entity licensed under RCW 9.46.070(1) which conducts
or allows its premises to be used for conducting bingo on
more than three occasions per week shall include the following statement in any advertising or promotion of gambling
activity conducted by the licensee:
"CAUTION: Participation in gambling activity
may result in pathological gambling behavior causing emotional and financial harm. For help, call 1800-547-6133."
For purposes of this section, "advertising" includes print
media, point-of-sale advertising, electronic media, billboards,
and radio advertising. [2002 c 369 § 3.]
(2002 Ed.)
9.46.070
9.46.075 Gambling commission—Denial, suspension,
or revocation of license, permit—Other provisions not
applicable. The commission may deny an application, or
suspend or revoke any license or permit issued by it, for any
reason or reasons, it deems to be in the public interest.
These reasons shall include, but not be limited to, cases
wherein the applicant or licensee, or any person with any
interest therein:
(1) Has violated, failed or refused to comply with the
provisions, requirements, conditions, limitations or duties
imposed by chapter 9.46 RCW and any amendments thereto,
or any rules adopted by the commission pursuant thereto, or
when a violation of any provision of chapter 9.46 RCW, or
any commission rule, has occurred upon any premises
occupied or operated by any such person or over which he
or she has substantial control;
(2) Knowingly causes, aids, abets, or conspires with
another to cause, any person to violate any of the laws of
this state or the rules of the commission;
(3) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;
(4) Has been convicted of, or forfeited bond upon a
charge of, or pleaded guilty to, forgery, larceny, extortion,
conspiracy to defraud, wilful failure to make required
payments or reports to a governmental agency at any level,
or filing false reports therewith, or of any similar offense or
offenses, or of bribing or otherwise unlawfully influencing
a public official or employee of any state or the United
States, or of any crime, whether a felony or misdemeanor
involving any gambling activity or physical harm to individuals or involving moral turpitude;
(5) Denies the commission or its authorized representatives, including authorized local law enforcement agencies,
access to any place where a licensed activity is conducted or
who fails promptly to produce for inspection or audit any
book, record, document or item required by law or commission rule;
(6) Shall fail to display its license on the premises
where the licensed activity is conducted at all times during
the operation of the licensed activity;
(7) Makes a misrepresentation of, or fails to disclose, a
material fact to the commission;
(8) Fails to prove, by clear and convincing evidence,
that he, she or it is qualified in accordance with the provisions of this chapter;
(9) Is subject to current prosecution or pending charges,
or a conviction which is under appeal, for any of the
offenses included under subsection (4) of this section:
PROVIDED, That at the request of an applicant for an original license, the commission may defer decision upon the
application during the pendency of such prosecution or
appeal;
(10) Has pursued or is pursuing economic gain in an
occupational manner or context which is in violation of the
criminal or civil public policy of this state if such pursuit
creates probable cause to believe that the participation of
such person in gambling or related activities would be
inimical to the proper operation of an authorized gambling
or related activity in this state. For the purposes of this
section, occupational manner or context shall be defined as
the systematic planning, administration, management or
execution of an activity for financial gain;
[Title 9 RCW—page 49]
9.46.075
Title 9 RCW: Crimes and Punishments
(11) Is a career offender or a member of a career
offender cartel or an associate of a career offender or career
offender cartel in such a manner which creates probable
cause to believe that the association is of such a nature as to
be inimical to the policy of this chapter or to the proper
operation of the authorized gambling or related activities in
this state. For the purposes of this section, career offender
shall be defined as any person whose behavior is pursued in
an occupational manner or context for the purpose of
economic gain utilizing such methods as are deemed
criminal violations of the public policy of this state. A
career offender cartel shall be defined as any group of
persons who operate together as career offenders.
For the purpose of reviewing any application for a
license and for considering the denial, suspension or revocation of any license the gambling commission may consider
any prior criminal conduct of the applicant or licensee and
the provisions of RCW 9.95.240 and of chapter 9.96A RCW
shall not apply to such cases. [1981 c 139 § 4; 1975 1st
ex.s. c 166 § 12.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.077 Gambling commission—Vacation of
certain suspensions upon payment of monetary penalty.
The commission, when suspending any license for a period
of thirty days or less, may further provide in the order of
suspension that such suspension shall be vacated upon
payment to the commission of a monetary penalty in an
amount then fixed by the commission. [1981 c 139 § 5.]
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.080 Gambling commission—Administrator—
Staff—Rules and regulations—Service contracts. The
commission shall employ a full time director, who shall be
the administrator for the commission in carrying out its
powers and duties and who shall issue rules and regulations
adopted by the commission governing the activities authorized hereunder and shall supervise commission employees
in carrying out the purposes and provisions of this chapter.
In addition, the director shall employ a deputy director, not
more than three assistant directors, together with such
investigators and enforcement officers and such staff as the
commission determines is necessary to carry out the purposes and provisions of this chapter. The director, the deputy
director, the assistant directors, and personnel occupying
positions requiring the performing of undercover investigative work shall be exempt from the provisions of chapter
41.06 RCW, as now law or hereafter amended. Neither the
director nor any commission employee working therefor
shall be an officer or manager of any bona fide charitable or
bona fide nonprofit organization, or of any organization
which conducts gambling activity in this state.
The director, subject to the approval of the commission,
is authorized to enter into agreements on behalf of the
commission for mutual assistance and services, based upon
actual costs, with any state or federal agency or with any
city, town, or county, and such state or local agency is
authorized to enter into such an agreement with the commission. If a needed service is not available from another
[Title 9 RCW—page 50]
agency of state government within a reasonable time, the director may obtain that service from private industry. [1994
c 218 § 14; 1981 c 139 § 6; 1977 ex.s. c 326 § 4; 1974 ex.s.
c 155 § 7; 1974 ex.s. c 135 § 7; 1973 1st ex.s. c 218 § 8.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.085 Gambling commission—Members and
employees—Activities prohibited. A member or employee
of the gambling commission shall not:
(1) Serve as an officer or manager of any corporation or
organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross
profits of any gambling activity regulated by the commission;
(3) Be beneficially interested in any contract for the
manufacture or sale of gambling devices, the conduct of [a]
gambling activity, or the provision of independent consultant
services in connection with a gambling activity. [1986 c 4
§ 1.]
9.46.090 Gambling commission—Reports. Subject
to RCW 40.07.040, the commission shall, from time to time,
make reports to the governor and the legislature covering
such matters in connection with this chapter as the governor
and the legislature may require. These reports shall be
public documents and contain such general information and
remarks as the commission deems pertinent thereto and any
information requested by either the governor or members of
the legislature: PROVIDED, That the commission appointed
pursuant to RCW 9.46.040 may conduct a thorough study of
the types of gambling activity permitted and the types of
gambling activity prohibited by this chapter and may make
recommendations to the legislature as to: (1) Gambling
activity that ought to be permitted; (2) gambling activity that
ought to be prohibited; (3) the types of licenses and permits
that ought to be required; (4) the type and amount of tax that
ought to be applied to each type of permitted gambling
activity; (5) any changes which may be made to the law of
this state which further the purposes and policies set forth in
RCW 9.46.010 as now law or hereafter amended; and (6)
any other matter that the commission may deem appropriate.
Members of the commission and its staff may contact the
legislature, or any of its members, at any time, to advise it
of recommendations of the commission. [1987 c 505 § 3;
1981 c 139 § 7; 1977 c 75 § 4; 1975 1st ex.s. c 166 § 4;
1973 1st ex.s. c 218 § 9.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 166 § 15.]
9.46.095 Gambling commission—Proceedings
against, jurisdiction—Immunity from liability. No court
of the state of Washington other than the superior court of
Thurston county shall have jurisdiction over any action or
proceeding against the commission or any member thereof
for anything done or omitted to be done in or arising out of
the performance of his or her duties under this title: PRO(2002 Ed.)
Gambling—1973 Act
VIDED, That an appeal from an adjudicative proceeding
involving a final decision of the commission to deny,
suspend, or revoke a license shall be governed by chapter
34.05 RCW, the Administrative Procedure Act.
Neither the commission nor any member or members
thereof shall be personally liable in any action at law for
damages sustained by any person because of any acts performed or done, or omitted to be done, by the commission
or any member of the commission, or any employee of the
commission, in the performance of his or her duties and in
the administration of this title. [1989 c 175 § 41; 1981 c
139 § 17.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.100 Gambling revolving fund—Created—
Receipts—Disbursements—Use. There is hereby created
the gambling revolving fund which shall consist of all
moneys receivable for licensing, penalties, forfeitures, and all
other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All
moneys received by the commission or any employee
thereof, except for change funds and an amount of petty cash
as fixed by rule or regulation of the commission, shall be
deposited each day in a depository approved by the state
treasurer and transferred to the state treasurer to be credited
to the gambling revolving fund. Disbursements from the
revolving fund shall be on authorization of the commission
or a duly authorized representative thereof. In order to
maintain an effective expenditure and revenue control the
gambling revolving fund shall be subject in all respects to
chapter 43.88 RCW but no appropriation shall be required to
permit expenditures and payment of obligations from such
fund. All expenses relative to commission business, including but not limited to salaries and expenses of the
director and other commission employees shall be paid from
the gambling revolving fund.
During the 2001-2003 fiscal biennium, the legislature
may transfer from the gambling revolving fund to the state
general fund such amounts as reflect the excess fund balance
of the fund and reductions made by the 2002 supplemental
appropriations act for administrative efficiencies and savings.
[2002 c 371 § 901; 1991 sp.s. c 16 § 917; 1985 c 405 § 505;
1977 ex.s. c 326 § 5; 1973 1st ex.s. c 218 § 10.]
Severability—2002 c 371: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 371 § 926.]
Effective date—2002 c 371: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 5, 2002]." [2002 c 371 § 927.]
Severability—1991 sp.s. c 16: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 sp.s. c 16 § 926.]
Effective date—1991 sp.s. c 16: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1991 except for section 916, which shall take effect immediately."
[1991 sp.s. c 16 § 927.]
Severability—1985 c 405: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
9.46.095
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 405 § 510.]
9.46.110 Taxation of gambling activities—
Limitations—Restrictions on punch boards and pulltabs—Lien. (1) The legislative authority of any county,
city-county, city, or town, by local law and ordinance, and
in accordance with the provisions of this chapter and rules
adopted under this chapter, may provide for the taxing of
any gambling activity authorized by this chapter within its
jurisdiction, the tax receipts to go to the county, city-county,
city, or town so taxing the activity. Any such tax imposed
by a county alone shall not apply to any gambling activity
within a city or town located in the county but the tax rate
established by a county, if any, shall constitute the tax rate
throughout the unincorporated areas of such county.
(2) The operation of punch boards and pull-tabs are
subject to the following conditions:
(a) Chances may only be sold to adults;
(b) The price of a single chance may not exceed one
dollar;
(c) No punch board or pull-tab license may award as a
prize upon a winning number or symbol being drawn the
opportunity of taking a chance upon any other punch board
or pull-tab;
(d) All prizes available to be won must be described on
an information flare. All merchandise prizes must be on
display within the immediate area of the premises in which
any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize
must be immediately removed from the display and awarded
to the winner. All references to cash or merchandise prizes,
with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission
shall be deemed a fraud for the purposes of this chapter; and
(e) When any person wins money or merchandise from
any punch board or pull-tab over an amount determined by
the commission, every licensee shall keep a public record of
the award for at least ninety days containing such information as the commission shall deem necessary.
(3)(a) Taxation of bingo and raffles shall never be in an
amount greater than five percent of the gross receipts from
a bingo game or raffle less the amount awarded as cash or
merchandise prizes.
(b) Taxation of amusement games shall only be in an
amount sufficient to pay the actual costs of enforcement of
the provisions of this chapter by the county, city or town law
enforcement agency and in no event shall such taxation
exceed two percent of the gross receipts from the amusement
game less the amount awarded as prizes.
(c) No tax shall be imposed under the authority of this
chapter on bingo or amusement games when such activities
or any combination thereof are conducted by any bona fide
charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management
personnel and has gross receipts from bingo or amusement
games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or
merchandise prizes.
(d) No tax shall be imposed on the first ten thousand
dollars of gross receipts less the amount awarded as cash or
merchandise prizes from raffles conducted by any bona fide
[Title 9 RCW—page 51]
9.46.110
Title 9 RCW: Crimes and Punishments
charitable or nonprofit organization as defined in this
chapter.
(e) Taxation of punch boards and pull-tabs for bona fide
charitable or nonprofit organizations is based on gross
receipts from the operation of the games less the amount
awarded as cash or merchandise prizes, and shall not exceed
a rate of ten percent. At the option of the county, citycounty, city, or town, the taxation of punch boards and pulltabs for commercial stimulant operators may be based on
gross receipts from the operation of the games, and may not
exceed a rate of five percent, or may be based on gross
receipts from the operation of the games less the amount
awarded as cash or merchandise prizes, and may not exceed
a rate of ten percent.
(f) Taxation of social card games may not exceed
twenty percent of the gross revenue from such games.
(4) Taxes imposed under this chapter become a lien
upon personal and real property used in the gambling
activity in the same manner as provided for under RCW
84.60.010. The lien shall attach on the date the tax becomes
due and shall relate back and have priority against real and
personal property to the same extent as ad valorem taxes.
[1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c
161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 c 172
§ 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155
§ 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § 11.]
Effective date—1999 c 221: "This act takes effect January 1, 2000."
[1999 c 221 § 2.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.113 Taxation of gambling activities—
Disbursement. Any county, city or town which collects a
tax on gambling activities authorized pursuant to RCW
9.46.110 shall use the revenue from such tax primarily for
the purpose of enforcement of the provisions of this chapter
by the county, city or town law enforcement agency. [1975
1st ex.s. c 166 § 11.]
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.116 Fees on pull-tab and punchboard sales.
The commission shall charge fees or increased fees on pull
tabs sold over-the-counter and on sales from punchboards
and pull tab devices at levels necessary to assure that the
increased revenues are equal or greater to the amount of
revenue lost by removing the special tax on coin-operated
gambling devices by the 1984 repeal of RCW 9.46.115.
[1985 c 7 § 2; 1984 c 135 § 2.]
Effective date—1984 c 135: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1984." [1984 c 135 § 3.]
9.46.120 Restrictions on management or operation
personnel—Restriction on leased premises. (1) Except in
the case of an agricultural fair as authorized under chapters
15.76 and 36.37 RCW, no person other than a member of a
bona fide charitable or nonprofit organization (and their
employees) or any other person, association or organization
(and their employees) approved by the commission, shall
take any part in the management or operation of any
[Title 9 RCW—page 52]
gambling activity authorized under this chapter unless
approved by the commission. No person who takes any part
in the management or operation of any such gambling
activity shall take any part in the management or operation
of any gambling activity conducted by any other organization or any other branch of the same organization unless
approved by the commission. No part of the proceeds of the
activity shall inure to the benefit of any person other than
the organization conducting such gambling activities or if
such gambling activities be for the charitable benefit of any
specific persons designated in the application for a license,
then only for such specific persons as so designated.
(2) No bona fide charitable or nonprofit organization or
any other person, association or organization shall conduct
any gambling activity authorized under this chapter in any
leased premises if rental for such premises is unreasonable
or to be paid, wholly or partly, on the basis of a percentage
of the receipts or profits derived from such gambling
activity. [1997 c 394 § 3; 1987 c 4 § 40; 1973 1st ex.s. c
218 § 12.]
9.46.130 Inspection and audit of premises, paraphernalia, books, and records—Reports for the commission. The premises and paraphernalia, and all the books and
records of any person, association or organization conducting
gambling activities authorized under this chapter and any
person, association or organization receiving profits therefrom or having any interest therein shall be subject to
inspection and audit at any reasonable time, with or without
notice, upon demand, by the commission or its designee, the
attorney general or his designee, the chief of the Washington
state patrol or his designee or the prosecuting attorney,
sheriff or director of public safety or their designees of the
county wherein located, or the chief of police or his designee
of any city or town in which said organization is located, for
the purpose of determining compliance or noncompliance
with the provisions of this chapter and any rules or regulations or local ordinances adopted pursuant thereto. A reasonable time for the purpose of this section shall be: (1) If
the items or records to be inspected or audited are located
anywhere upon a premises any portion of which is regularly
open to the public or members and guests, then at any time
when the premises are so open, or at which they are usually
open; or (2) if the items or records to be inspected or audited
are not located upon a premises set out in subsection (1)
above, then any time between the hours of 8:00 a.m. and
9:00 p.m., Monday through Friday.
The commission shall be provided at such reasonable
intervals as the commission shall determine with a report,
under oath, detailing all receipts and disbursements in
connection with such gambling activities together with such
other reasonable information as required in order to determine whether such activities comply with the purposes of
this chapter or any local ordinances relating thereto. [1981
c 139 § 10; 1975 1st ex.s. c 166 § 7; 1973 1st ex.s. c 218 §
13.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
(2002 Ed.)
Gambling—1973 Act
9.46.140 Gambling commission—Investigations—
Inspections—Hearing and subpoena power—
Administrative law judges. (1) The commission or its
authorized representative may:
(a) Make necessary public or private investigations
within or outside of this state to determine whether any
person has violated or is about to violate this chapter or any
rule or order hereunder, or to aid in the enforcement of this
chapter or in the prescribing of rules and forms hereunder;
and
(b) Inspect the books, documents, and records of any
person lending money to or in any manner financing any
license holder or applicant for a license or receiving any
income or profits from the use of such license for the
purpose of determining compliance or noncompliance with
the provisions of this chapter or the rules and regulations
adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding
under this chapter, the commission or an administrative law
judge appointed under chapter 34.12 RCW may conduct
hearings, administer oaths or affirmations, or upon the
commission’s or administrative law judge’s motion or upon
request of any party may subpoena witnesses, compel
attendance, take depositions, take evidence, or require the
production of any matter which is relevant to the investigation or proceeding, including but not limited to the existence,
description, nature, custody, condition, or location of any
books, documents, or other tangible things, or the identity or
location of persons having knowledge or relevant facts, or
any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer
questions propounded by the administrative law judge and
upon reasonable notice to all persons affected thereby, the
director may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under
chapter 34.12 RCW may conduct hearings respecting the
suspension, revocation, or denial of licenses, who may
administer oaths, admit or deny admission of evidence,
compel the attendance of witnesses, issue subpoenas, issue
orders, and exercise all other powers and perform all other
functions set out in RCW 34.05.446, 34.05.449, and
34.05.452.
(5) Except as otherwise provided in this chapter, all
proceedings under this chapter shall be in accordance with
the Administrative Procedure Act, chapter 34.05 RCW.
[1989 c 175 § 42; 1981 c 67 § 16; 1977 ex.s. c 326 § 7;
1975 1st ex.s. c 166 § 8; 1973 1st ex.s. c 218 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.150 Injunctions—Voiding of licenses, permits,
or certificates. (1) Any activity conducted in violation of
any provision of this chapter may be enjoined in an action
commenced by the commission through the attorney general
or by the prosecuting attorney or legal counsel of any city or
town in which the prohibited activity may occur.
(2002 Ed.)
9.46.140
(2) When a violation of any provision of this chapter or
any rule or regulation adopted pursuant hereto has occurred
on any property or premises for which one or more licenses,
permits, or certificates issued by this state, or any political
subdivision or public agency thereof are in effect, all such
licenses, permits and certificates may be voided and no
license, permit, or certificate so voided shall be issued or
reissued for such property or premises for a period of up to
sixty days thereafter. [1973 1st ex.s. c 218 § 15.]
9.46.153 Applicants and licensees—Responsibilities
and duties—Waiver of liability—Investigation statement
as privileged. (1) It shall be the affirmative responsibility
of each applicant and licensee to establish by clear and
convincing evidence the necessary qualifications for licensure of each person required to be qualified under this
chapter, as well as the qualifications of the facility in which
the licensed activity will be conducted;
(2) All applicants and licensees shall consent to inspections, searches and seizures and the supplying of handwriting
examples as authorized by this chapter and rules adopted
hereunder;
(3) All licensees, and persons having any interest in
licensees, including but not limited to employees and agents
of licensees, and other persons required to be qualified under
this chapter or rules of the commission shall have a duty to
inform the commission or its staff of any action or omission
which they believe would constitute a violation of this
chapter or rules adopted pursuant thereto. No person who so
informs the commission or the staff shall be discriminated
against by an applicant or licensee because of the supplying
of such information;
(4) All applicants, licensees, persons who are operators
or directors thereof and persons who otherwise have a
substantial interest therein shall have the continuing duty to
provide any assistance or information required by the
commission and to investigations conducted by the commission. If, upon issuance of a formal request to answer or
produce information, evidence or testimony, any applicant,
licensee or officer or director thereof or person with a substantial interest therein, refuses to comply, the applicant or
licensee may be denied or revoked by the commission;
(5) All applicants and licensees shall waive any and all
liability as to the state of Washington, its agencies, employees and agents for any damages resulting from any disclosure or publication in any manner, other than a wilfully unlawful disclosure or publication, of any information acquired
by the commission during its licensing or other investigations or inquiries or hearings;
(6) Each applicant or licensee may be photographed for
investigative and identification purposes in accordance with
rules of the commission;
(7) An application to receive a license under this chapter
or rules adopted pursuant thereto constitutes a request for
determination of the applicant’s and those person’s with an
interest in the applicant, general character, integrity and
ability to engage or participate in, or be associated with,
gambling or related activities impacting this state. Any
written or oral statement made in the course of an official
investigation, proceeding or process of the commission by
any member, employee or agent thereof or by any witness,
[Title 9 RCW—page 53]
9.46.153
Title 9 RCW: Crimes and Punishments
testifying under oath, which is relevant to the investigation,
proceeding or process, is absolutely privileged and shall not
impose any liability for slander, libel or defamation, or
constitute any grounds for recovery in any civil action.
[1981 c 139 § 14.]
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.155 Applicants and licensees—Bribes to public
officials, employees, agents—Penalty. No applicant or
licensee shall give or provide, or offer to give or provide,
directly or indirectly, to any public official or employee or
agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or share of the money or
property paid or received through gambling activities, in
consideration for obtaining any license, authorization,
permission or privilege to participate in any gaming operations except as authorized by this chapter or rules adopted
pursuant thereto. Violation of this section shall be a felony
for which a person, upon conviction, shall be punished by
imprisonment for not more than five years or a fine of not
more than one hundred thousand dollars, or both. [1981 c
139 § 15.]
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.158 Applicants, licensees, operators—
Commission approval for hiring certain persons. No
applicant for a license from, nor licensee of, the commission,
nor any operator of any gambling activity, shall, without
advance approval of the commission, knowingly permit any
person to participate in the management or operation of any
activity for which a license from the commission is required
or which is otherwise authorized by this chapter if that
person:
(1) Has been convicted of, or forfeited bond upon a
charge of, or pleaded guilty to, forgery, larceny, extortion,
conspiracy to defraud, wilful failure to make required
payments or reports to a governmental agency at any level,
or filing false reports therewith, or of any similar offense or
offenses, or of any crime, whether a felony or misdemeanor
involving any gambling activity or physical harm to individuals or involving moral turpitude; or
(2) Has violated, failed, or refused to comply with
provisions, requirements, conditions, limitations or duties
imposed by this chapter, and any amendments thereto, or any
rules adopted by the commission pursuant thereto, or has
permitted, aided, abetted, caused, or conspired with another
to cause, any person to violate any of the provisions of this
chapter or rules of the commission. [1981 c 139 § 18.]
Severability—1981 c 139: See note following RCW 9.46.070.
9.46.160 Conducting activity without license. Any
person who conducts any activity for which a license is
required by this chapter, or by rule of the commission,
without the required license issued by the commission shall
be guilty of a class B felony. If any corporation conducts
any activity for which a license is required by this chapter,
or by rule of the commission, without the required license
issued by the commission, it may be punished by forfeiture
of its corporate charter, in addition to the other penalties set
forth in this section. [1991 c 261 § 3; 1975 1st ex.s. c 166
§ 9; 1973 1st ex.s. c 218 § 16.]
[Title 9 RCW—page 54]
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.170 False or misleading entries or statements,
refusal to produce records. Whoever, in any application
for a license or in any book or record required to be maintained by the commission or in any report required to be
submitted to the commission, shall make any false or
misleading statement, or make any false or misleading entry
or wilfully fail to maintain or make any entry required to be
maintained or made, or who wilfully refuses to produce for
inspection by the commission, or its designee, any book,
record, or document required to be maintained or made by
federal or state law, shall be guilty of a gross misdemeanor
subject to the penalty set forth in RCW 9A.20.021. [1991
c 261 § 4; 1973 1st ex.s. c 218 § 17.]
9.46.180 Causing person to violate chapter. Any
person who knowingly causes, aids, abets, or conspires with
another to cause any person to violate any provision of this
chapter shall be guilty of a class B felony subject to the penalty in RCW 9A.20.021. [1991 c 261 § 5; 1977 ex.s. c 326
§ 8; 1973 1st ex.s. c 218 § 18.]
9.46.185 Causing person to violate rule or regulation. Any person who knowingly causes, aids, abets, or
conspires with another to cause any person to violate any
rule or regulation adopted pursuant to this chapter shall be
guilty of a gross misdemeanor subject to the penalty set forth
in RCW 9A.20.021. [1991 c 261 § 6; 1977 ex.s. c 326 § 9.]
9.46.190 Violations relating to fraud or deceit. Any
person or association or organization operating any gambling
activity who or which, directly or indirectly, shall in the
course of such operation:
(1) Employ any device, scheme, or artifice to defraud;
or
(2) Make any untrue statement of a material fact, or
omit to state a material fact necessary in order to make the
statement made not misleading, in the light of the circumstances under which said statement is made; or
(3) Engage in any act, practice or course of operation as
would operate as a fraud or deceit upon any person;
Shall be guilty of a gross misdemeanor subject to the
penalty set forth in RCW 9A.20.021. [1991 c 261 § 7; 1977
ex.s. c 326 § 10; 1973 1st ex.s. c 218 § 19.]
9.46.192 Cities and towns—Ordinance enacting
certain sections of chapter—Limitations—Penalties.
Every city or town is authorized to enact as an ordinance of
that city or town any or all of the sections of this chapter the
violation of which constitutes a misdemeanor or gross
misdemeanor. The city or town may not modify the
language of any section of this chapter in enacting such
section except as necessary to put the section in the proper
form of an ordinance or to provide for a sentence [to] be
served in the appropriate detention facility. The ordinance
must provide for the same maximum penalty for its violation
as may be imposed under the section in this chapter. [1977
ex.s. c 326 § 11.]
(2002 Ed.)
Gambling—1973 Act
9.46.193
9.46.193 Cities and towns—Ordinance adopting
certain sections of chapter—Jurisdiction of courts.
District courts operating under the provisions of chapters
3.30 through 3.74 RCW, except municipal departments of
such courts operating under chapter 3.46 RCW and municipal courts operating under chapter 3.50 RCW, shall have
concurrent jurisdiction with the superior court to hear, try,
and determine misdemeanor and gross misdemeanor violations of this chapter and violations of any ordinance passed
under authority of this chapter by any city or town.
Municipal courts operating under chapters 35.20 or 3.50
RCW and municipal departments of the district court
operating under chapter 3.46 RCW, shall have concurrent
jurisdiction with the superior court to hear, try, and determine violations of any ordinance passed under authority of
this chapter by the city or town in which the court is located.
Notwithstanding any other provision of law, each of
these courts shall have the jurisdiction and power to impose
up to the maximum penalties provided for the violation of
the ordinances adopted under the authority of this chapter.
Review of the judgments of these courts shall be as provided
in other criminal actions. [1977 ex.s. c 326 § 12.]
additional penalty of up to twenty thousand dollars. [2002
c 253 § 2.]
9.46.195 Obstruction of public servant—Penalty.
No person shall intentionally obstruct or attempt to obstruct
a public servant in the administration or enforcement of this
chapter by using or threatening to use physical force or by
means of any unlawful act. Any person who violates this
section shall be guilty of a misdemeanor. [1974 ex.s. c 155
§ 11; 1974 ex.s. c 135 § 11.]
9.46.200 Action for money damages due to violations—Interest—Attorneys’ fees—Evidence for exoneration. In addition to any other penalty provided for in this
chapter, every person, directly or indirectly controlling the
operation of any gambling activity authorized by this
chapter, including a director, officer, and/or manager of any
association, organization or corporation conducting the same,
whether charitable, nonprofit, or profit, shall be liable, jointly
and severally, for money damages suffered by any person
because of any violation of this chapter, together with
interest on any such amount of money damages at six
percent per annum from the date of the loss, and reasonable
attorneys’ fees: PROVIDED, That if any such director,
officer, and/or manager did not know any such violation was
taking place and had taken all reasonable care to prevent any
such violation from taking place, and if such director, officer
and/or manager shall establish by a preponderance of the
evidence that he did not have such knowledge and that he
had exercised all reasonable care to prevent the violations he
shall not be liable hereunder. Any civil action under this
section may be considered a class action. [1987 c 4 § 41;
1974 ex.s. c 155 § 10; 1974 ex.s. c 135 § 10; 1973 1st ex.s.
c 218 § 20.]
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.196 Cheating—Defined. "Cheating," as used in
this chapter, means to:
(1) Employ or attempt to employ any device, scheme,
or artifice to defraud any other participant or any operator;
(2) Engage in any act, practice, or course of operation
as would operate as a fraud or deceit upon any other
participant or any operator;
(3) Engage in any act, practice, or course of operation
while participating in a gambling activity with the intent of
cheating any other participant or the operator to gain an
advantage in the game over the other participant or operator;
or
(4) Cause, aid, abet, or conspire with another person to
cause any other person to violate subsections (1) through (3)
of this section. [2002 c 253 § 1; 1991 c 261 § 8; 1977 ex.s.
c 326 § 13.]
9.46.1961 Cheating in the first degree. (1) A person
is guilty of cheating in the first degree if he or she engages
in cheating and:
(a) Knowingly causes, aids, abets, or conspires with
another to engage in cheating; or
(b) Holds a license or similar permit issued by the state
of Washington to conduct, manage, or act as an employee in
an authorized gambling activity.
(2) Cheating in the first degree is a class C felony
subject to the penalty set forth in RCW 9A.20.021. In
addition to any other penalties imposed by law for a conviction of a violation of this section the court may impose an
(2002 Ed.)
9.46.1962 Cheating in the second degree. (1) A
person is guilty of cheating in the second degree if he or she
engages in cheating and his or her conduct does not constitute cheating in the first degree.
(2) Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021. [2002
c 253 § 3.]
9.46.198 Working in gambling activity without
license as violation—Penalty. Any person who works as an
employee or agent or in a similar capacity for another person
in connection with the operation of an activity for which a
license is required under this chapter or by commission rule
without having obtained the applicable license required by
the commission under RCW 9.46.070(17) shall be guilty of
a gross misdemeanor and shall, upon conviction, be punished
by not more than one year in the county jail or a fine of not
more than five thousand dollars, or both. [1999 c 143 § 7;
1977 ex.s. c 326 § 14.]
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.210 Enforcement—Commission as a law
enforcement agency. (1) It shall be the duty of all peace
officers, law enforcement officers, and law enforcement
agencies within this state to investigate, enforce, and
prosecute all violations of this chapter.
(2) In addition to the authority granted by subsection (1)
of this section law enforcement agencies of cities and
counties shall investigate and report to the commission all
violations of the provisions of this chapter and of the rules
of the commission found by them and shall assist the
commission in any of its investigations and proceedings
respecting any such violations. Such law enforcement
agencies shall not be deemed agents of the commission.
[Title 9 RCW—page 55]
9.46.210
Title 9 RCW: Crimes and Punishments
(3) In addition to its other powers and duties, the
commission shall have the power to enforce the penal
provisions of *chapter 218, Laws of 1973 1st ex. sess. and
as it may be amended, and the penal laws of this state
relating to the conduct of or participation in gambling
activities and the manufacturing, importation, transportation,
distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director,
the deputy director, both assistant directors, and each of the
commission’s investigators, enforcement officers, and
inspectors shall have the power, under the supervision of the
commission, to enforce the penal provisions of *chapter 218,
Laws of 1973 1st ex. sess. and as it may be amended, and
the penal laws of this state relating to the conduct of or
participation in gambling activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power and authority to apply
for and execute all warrants and serve process of law issued
by the courts in enforcing the penal provisions of *chapter
218, Laws of 1973 1st ex. sess. and as it may be amended,
and the penal laws of this state relating to the conduct of or
participation in gambling activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power to arrest without a
warrant, any person or persons found in the act of violating
any of the penal provisions of *chapter 218, Laws of 1973
1st ex. sess. and as it may be amended, and the penal laws
of this state relating to the conduct of or participation in
gambling activities and the manufacturing, importation,
transportation, distribution, possession, and sale of equipment
or paraphernalia used or for use in connection therewith. To
the extent set forth above, the commission shall be a law
enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this
chapter, as now law or hereafter amended, and to obtain
information from and provide information to all other law
enforcement agencies.
(4) Criminal history record information that includes
nonconviction data, as defined in RCW 10.97.030, may be
disseminated by a criminal justice agency to the Washington
state gambling commission for any purpose associated with
the investigation for suitability for involvement in gambling
activities authorized under this chapter. The Washington
state gambling commission shall only disseminate
nonconviction data obtained under this section to criminal
justice agencies. [2000 c 46 § 1; 1981 c 139 § 11; 1977
ex.s. c 326 § 15; 1975 1st ex.s. c 166 § 10; 1974 ex.s. c 155
§ 9; 1974 ex.s. c 135 § 9; 1973 1st ex.s. c 218 § 21.]
*Reviser’s note: 1973 1st ex.s. c 218 consisted entirely of chapter
9.46 RCW and the repeal of various former laws regulating gambling.
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.215 Ownership or interest in gambling device—Penalty—Exceptions. Whoever knowingly owns,
manufactures, possesses, buys, sells, rents, leases, finances,
holds a security interest in, stores, repairs, or transports any
gambling device or offers or solicits any interest therein,
[Title 9 RCW—page 56]
whether through an agent or employee or otherwise, is guilty
of a felony and shall be fined not more than one hundred
thousand dollars or imprisoned not more than five years or
both. However, this section does not apply to persons
licensed by the commission, or who are otherwise authorized
by this chapter, or by commission rule, to conduct gambling
activities without a license, respecting devices that are to be
used, or are being used, solely in that activity for which the
license was issued, or for which the person has been
otherwise authorized if:
(1) The person is acting in conformance with this
chapter and the rules adopted under this chapter; and
(2) The devices are a type and kind traditionally and
usually employed in connection with the particular activity.
This section also does not apply to any act or acts by the
persons in furtherance of the activity for which the license
was issued, or for which the person is authorized, when the
activity is conducted in compliance with this chapter and in
accordance with the rules adopted under this chapter. In the
enforcement of this section direct possession of any such a
gambling device is presumed to be knowing possession
thereof. [1994 c 218 § 9.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.217 Gambling records—Penalty—Exceptions.
Whoever knowingly prints, makes, possesses, stores, or
transports any gambling record, or buys, sells, offers, or
solicits any interest therein, whether through an agent or
employee or otherwise, is guilty of a gross misdemeanor.
However, this section does not apply to records relating to
and kept for activities authorized by this chapter when the
records are of the type and kind traditionally and usually
employed in connection with the particular activity. This
section also does not apply to any act or acts in furtherance
of the activities when conducted in compliance with this
chapter and in accordance with the rules adopted under this
chapter. In the enforcement of this section direct possession
of any such a gambling record is presumed to be knowing
possession thereof. [1994 c 218 § 10.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.220 Professional gambling in the first degree.
(1) A person is guilty of professional gambling in the first
degree if he or she engages in, or knowingly causes, aids,
abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with five or more
people; or
(b) Personally accepts wagers exceeding five thousand
dollars during any thirty-day period on future contingent
events; or
(c) The operation for whom the person works, or with
which the person is involved, accepts wagers exceeding five
thousand dollars during any thirty-day period on future
contingent events; or
(d) Operates, manages, or profits from the operation of
a premises or location where persons are charged a fee to
participate in card games, lotteries, or other gambling
activities that are not authorized by this chapter or licensed
by the commission.
(2002 Ed.)
Gambling—1973 Act
(2) However, this section shall not apply to those
activities enumerated in RCW 9.46.0305 through 9.46.0361
or to any act or acts in furtherance of such activities when
conducted in compliance with the provisions of this chapter
and in accordance with the rules adopted pursuant to this
chapter.
(3) Professional gambling in the first degree is a class
B felony subject to the penalty set forth in RCW 9A.20.021.
[1997 c 78 § 2; 1994 c 218 § 11; 1991 c 261 § 10; 1987 c
4 § 42; 1973 1st ex.s. c 218 § 22.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.221 Professional gambling in the second
degree. (1) A person is guilty of professional gambling in
the second degree if he or she engages in or knowingly
causes, aids, abets, or conspires with another to engage in
professional gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with less than five
people; or
(b) Accepts wagers exceeding two thousand dollars
during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with
which the person is involved, accepts wagers exceeding two
thousand dollars during any thirty-day period on future
contingent events; or
(d) Maintains a "gambling premises" as defined in this
chapter; or
(e) Maintains gambling records as defined in RCW
9.46.0253.
(2) However, this section shall not apply to those
activities enumerated in RCW 9.46.0305 through 9.46.0361
or to any act or acts in furtherance of such activities when
conducted in compliance with the provisions of this chapter
and in accordance with the rules adopted pursuant to this
chapter.
(3) Professional gambling in the second degree is a class
C felony subject to the penalty set forth in RCW 9A.20.021.
[1997 c 78 § 3; 1994 c 218 § 12; 1991 c 261 § 11.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.222 Professional gambling in the third degree.
(1) A person is guilty of professional gambling in the third
degree if he or she engages in, or knowingly causes, aids,
abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
(a) His or her conduct does not constitute first or second
degree professional gambling;
(b) He or she operates any of the unlicensed gambling
activities authorized by this chapter in a manner other than
as prescribed by this chapter; or
(c) He or she is directly employed in but not managing
or directing any gambling operation.
(2) This section shall not apply to those activities
enumerated in RCW 9.46.0305 through 9.46.0361 or to any
acts in furtherance of such activities when conducted in
compliance with the provisions of this chapter and the rules
adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross
misdemeanor subject to the penalty established in RCW
9A.20.021. [1994 c 218 § 13; 1991 c 261 § 12.]
Effective date—1994 c 218: See note following RCW 9.46.010.
(2002 Ed.)
9.46.220
9.46.225 Professional gambling—Penalties not
applicable to authorized activities. The penalties provided
for professional gambling in this chapter shall not apply to
the activities authorized by this chapter when conducted in
compliance with the provisions of this chapter and in
accordance with the rules and regulations of the commission.
[1987 c 4 § 37. Formerly RCW 9.46.030(11).]
9.46.231 Gambling devices, real and personal
property—Seizure and forfeiture. (1) The following are
subject to seizure and forfeiture and no property right exists
in them:
(a) All gambling devices as defined in this chapter;
(b) All furnishings, fixtures, equipment, and stock,
including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for
printing, recording, computing, transporting, or safekeeping,
used in connection with professional gambling or maintaining a gambling premises;
(c) All conveyances, including aircraft, vehicles, or
vessels, that are used, or intended for use, in any manner to
facilitate the sale, delivery, receipt, or operation of any
gambling device, or the promotion or operation of a professional gambling activity, except that:
(i) A conveyance used by any person as a common
carrier in the transaction of business as a common carrier is
not subject to forfeiture under this section unless it appears
that the owner or other person in charge of the conveyance
is a consenting party or privy to a violation of this chapter;
(ii) A conveyance is not subject to forfeiture under this
section by reason of any act or omission established by the
owner thereof to have been committed or omitted without
the owner’s knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor
consented to the act or omission; and
(iv) If the owner of a conveyance has been arrested
under this chapter the conveyance in which the person is
arrested may not be subject to forfeiture unless it is seized
or process is issued for its seizure within ten days of the
owner’s arrest;
(d) All books, records, and research products and
materials, including formulas, microfilm, tapes, and electronic data that are used, or intended for use, in violation of this
chapter;
(e) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value at stake or
displayed in or in connection with professional gambling
activity or furnished or intended to be furnished by any
person to facilitate the promotion or operation of a professional gambling activity;
(f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds
traceable to professional gambling activity and all moneys,
negotiable instruments, and securities used or intended to be
used to facilitate any violation of this chapter. A forfeiture
of money, negotiable instruments, securities, or other
tangible or intangible property encumbered by a bona fide
security interest is subject to the interest of the secured party
if, at the time the security interest was created, the secured
[Title 9 RCW—page 57]
9.46.231
Title 9 RCW: Crimes and Punishments
party neither had knowledge of nor consented to the act or
omission. Personal property may not be forfeited under this
subsection (1)(f), to the extent of the interest of an owner, by
reason of any act or omission that that owner establishes was
committed or omitted without the owner’s knowledge or
consent; and
(g) All real property, including any right, title, and
interest in the whole of any lot or tract of land, and any
appurtenances or improvements that:
(i) Have been used with the knowledge of the owner for
the manufacturing, processing, delivery, importing, or
exporting of any illegal gambling equipment, or operation of
a professional gambling activity that would constitute a
felony violation of this chapter; or
(ii) Have been acquired in whole or in part with
proceeds traceable to a professional gambling activity, if the
activity is not less than a class C felony.
Real property forfeited under this chapter that is
encumbered by a bona fide security interest remains subject
to the interest of the secured party if the secured party, at the
time the security interest was created, neither had knowledge
of nor consented to the act or omission. Property may not
be forfeited under this subsection, to the extent of the
interest of an owner, by reason of any act or omission
committed or omitted without the owner’s knowledge or
consent.
(2)(a) A law enforcement officer of this state may seize
real or personal property subject to forfeiture under this
chapter upon process issued by any superior court having
jurisdiction over the property. Seizure of real property
includes the filing of a lis pendens by the seizing agency.
Real property seized under this section may not be transferred or otherwise conveyed until ninety days after seizure
or until a judgment of forfeiture is entered, whichever is
later, but real property seized under this section may be
transferred or conveyed to any person or entity who acquires
title by foreclosure or deed in lieu of foreclosure of a bona
fide security interest.
(b) Seizure of personal property without process may be
made if:
(i) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative
inspection warrant;
(ii) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding based upon this chapter;
(iii) A law enforcement officer has probable cause to
believe that the property is directly or indirectly dangerous
to health or safety; or
(iv) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used
in violation of this chapter.
(3) In the event of seizure under subsection (2) of this
section, proceedings for forfeiture are deemed commenced
by the seizure. The law enforcement agency under whose
authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein,
including any community property interest, of the seizure
and intended forfeiture of the seized property. Service of
notice of seizure of real property must be made according to
[Title 9 RCW—page 58]
the rules of civil procedure. However, the state may not
obtain a default judgment with respect to real property
against a party who is served by substituted service absent
an affidavit stating that a good faith effort has been made to
ascertain if the defaulted party is incarcerated within the
state, and that there is no present basis to believe that the
party is incarcerated within the state. Notice of seizure in
the case of property subject to a security interest that has
been perfected by filing a financing statement in accordance
with *chapter 62A.9 RCW, or a certificate of title, must be
made by service upon the secured party or the secured
party’s assignee at the address shown on the financing
statement or the certificate of title. The notice of seizure in
other cases may be served by any method authorized by law
or court rule including but not limited to service by certified
mail with return receipt requested. Service by mail is
deemed complete upon mailing within the fifteen-day period
following the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this
section within forty-five days of the seizure in the case of
personal property and ninety days in the case of real property, the item seized is deemed forfeited. The community
property interest in real property of a person whose spouse
committed a violation giving rise to seizure of the real
property may not be forfeited if the person did not participate in the violation.
(5) If any person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this
section within forty-five days of the seizure in the case of
personal property and ninety days in the case of real property, the person or persons must be afforded a reasonable
opportunity to be heard as to the claim or right. The hearing
must be before the chief law enforcement officer of the
seizing agency or the chief law enforcement officer’s
designee, except if the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing must be before
the chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may
remove the matter to a court of competent jurisdiction.
Removal of any matter involving personal property may only
be accomplished according to the rules of civil procedure.
The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has
notified the seizing law enforcement agency of the person’s
claim of ownership or right to possession. The court to
which the matter is to be removed must be the district court
if the aggregate value of personal property is within the
jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom must be
under Title 34 RCW. In a court hearing between two or
more claimants to the article or articles involved, the
prevailing party is entitled to a judgment for costs and
reasonable attorneys’ fees. In cases involving personal
property, the burden of producing evidence is upon the
person claiming to be the lawful owner or the person
(2002 Ed.)
Gambling—1973 Act
claiming to have the lawful right to possession of the
property. In cases involving property seized under subsection (1)(a) of this section, the only issues to be determined
by the tribunal are whether the item seized is a gambling
device, and whether the device is an antique device as
defined by RCW 9.46.235. In cases involving real property,
the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real
property is subject to forfeiture is upon the law enforcement
agency. The seizing law enforcement agency shall promptly
return the article or articles to the claimant upon a final
determination by the administrative law judge or court that
the claimant is the present lawful owner or is lawfully
entitled to possession thereof of items specified in subsection
(1) of this section.
(6) If property is forfeited under this chapter the seizing
law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release the property to
the agency for training or use in enforcing this chapter;
(b) Sell that which is not required to be destroyed by
law and which is not harmful to the public; or
(c) Destroy any articles that may not be lawfully
possessed within the state of Washington, or that have a fair
market value of less than one hundred dollars.
(7)(a) If property is forfeited, the seizing agency shall
keep a record indicating the identity of the prior owner, if
known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the
property. The net proceeds of forfeited property is the value
of the forfeitable interest in the property after deducting the
cost of satisfying any bona fide security interest to which the
property is subject at the time of seizure, and in the case of
sold property, after deducting the cost of sale, including
reasonable fees or commissions paid to independent selling
agents.
(b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(8) The seizing law enforcement agency shall retain
forfeited property and net proceeds exclusively for the
expansion and improvement of gambling-related law enforcement activity. Money retained under this section may not be
used to supplant preexisting funding sources.
(9) Gambling devices that are possessed, transferred,
sold, or offered for sale in violation of this chapter are
contraband and must be seized and summarily forfeited to
the state. Gambling equipment that is seized or comes into
the possession of a law enforcement agency, the owners of
which are unknown, are contraband and must be summarily
forfeited to the state.
(10) Upon the entry of an order of forfeiture of real
property, the court shall forward a copy of the order to the
assessor of the county in which the property is located. The
superior court shall enter orders for the forfeiture of real
property, subject to court rules. The seizing agency shall file
such an order in the county auditor’s records in the county
in which the real property is located.
(11)(a) A landlord may assert a claim against proceeds
from the sale of assets seized and forfeited under subsection
(6)(b) of this section, only if:
(2002 Ed.)
9.46.231
(i) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord’s property while executing a search of a tenant’s
residence; and
(ii) The landlord has applied any funds remaining in the
tenant’s deposit, to which the landlord has a right under
chapter 59.18 RCW, to cover the damage directly caused by
a law enforcement officer before asserting a claim under this
section.
(A) Only if the funds applied under (a)(ii) of this
subsection are insufficient to satisfy the damage directly
caused by a law enforcement officer, may the landlord seek
compensation for the damage by filing a claim against the
governmental entity under whose authority the law enforcement agency operates within thirty days after the search; and
(B) Only if the governmental entity denies or fails to
respond to the landlord’s claim within sixty days of the date
of filing, may the landlord collect damages under this
subsection by filing within thirty days of denial or the
expiration of the sixty-day period, whichever occurs first, a
claim with the seizing law enforcement agency. The seizing
law enforcement agency shall notify the landlord of the
status of the claim by the end of the thirty-day period. This
section does not require the claim to be paid by the end of
the sixty-day or thirty-day period.
(b) For any claim filed under (a)(ii) of this subsection,
the law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in
violation of this chapter; or
(ii) Failed to respond to a notification of the illegal
activity, provided by a law enforcement agency within seven
days of receipt of notification of the illegal activity.
(12) The landlord’s claim for damages under subsection
(11) of this section may not include a claim for loss of
business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value
of the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant’s
property seized and forfeited under subsection (6)(b) of this
section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the
tenant’s property and costs related to sale of the tenant’s
property as provided by subsection (7)(a) of this section.
(13) Subsections (11) and (12) of this section do not
limit any other rights a landlord may have against a tenant
to collect for damages. However, if a law enforcement
agency satisfies a landlord’s claim under subsection (11) of
this section, the rights the landlord has against the tenant for
damages directly caused by a law enforcement officer under
the terms of the landlord and tenant’s contract are subrogated
to the law enforcement agency.
(14) Liability is not imposed by this section upon any
authorized state, county, or municipal officer, including a
commission special agent, in the lawful performance of his
or her duties. [1997 c 128 § 1; 1994 c 218 § 7.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
Effective date—1994 c 218: See note following RCW 9.46.010.
[Title 9 RCW—page 59]
9.46.235
Title 9 RCW: Crimes and Punishments
9.46.235 Slot machines, antique—Defenses concerning—Presumption created. (1) For purposes of a prosecution under RCW 9.46.215 or a seizure, confiscation, or
destruction order under RCW 9.46.231, it shall be a defense
that the gambling device involved is an antique slot machine
and that the antique slot machine was not operated for
gambling purposes while in the owner’s or defendant’s
possession. Operation of an antique slot machine shall be
only by free play or with coins provided at no cost by the
owner. No slot machine, having been seized under this
chapter, may be altered, destroyed, or disposed of without
affording the owner thereof an opportunity to present a
defense under this section. If the defense is applicable, the
antique slot machine shall be returned to the owner or
defendant, as the court may direct.
(2) RCW 9.46.231 shall have no application to any
antique slot machine that has not been operated for gambling
purposes while in the owner’s possession.
(3) For the purposes of this section, a slot machine shall
be conclusively presumed to be an antique slot machine if it
is at least twenty-five years old.
(4) RCW 9.46.231 and 9.46.215 do not apply to
gambling devices on board a passenger cruise ship which has
been registered and bonded with the federal maritime
commission, if the gambling devices are not operated for
gambling purposes within the state. [1994 c 218 § 15; 1987
c 191 § 1; 1977 ex.s. c 165 § 1.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.240 Gambling information, transmitting or
receiving. Whoever knowingly transmits or receives
gambling information by telephone, telegraph, radio, semaphore or similar means, or knowingly installs or maintains
equipment for the transmission or receipt of gambling
information shall be guilty of a gross misdemeanor subject
to the penalty set forth in RCW 9A.20.021: PROVIDED,
HOWEVER, That this section shall not apply to such
information transmitted or received or equipment installed or
maintained relating to activities authorized by this chapter or
to any act or acts in furtherance thereof when conducted in
compliance with the provisions of this chapter and in
accordance with the rules and regulations adopted pursuant
thereto. [1991 c 261 § 9; 1987 c 4 § 44; 1973 1st ex.s. c
218 § 24.]
9.46.250 Gambling property or premises—Common
nuisances, abatement—Termination of interests, licenses—Enforcement. (1) All gambling premises are common
nuisances and shall be subject to abatement by injunction or
as otherwise provided by law. The plaintiff in any action
brought under this subsection against any gambling premises,
need not show special injury and may, in the discretion of
the court, be relieved of all requirements as to giving security.
(2) When any property or premise held under a mortgage, contract or leasehold is determined by a court having
jurisdiction to be a gambling premises, all rights and
interests of the holder therein shall terminate and the owner
shall be entitled to immediate possession at his election:
PROVIDED, HOWEVER, That this subsection shall not
apply to those premises in which activities authorized by this
[Title 9 RCW—page 60]
chapter or any act or acts in furtherance thereof are carried
on when conducted in compliance with the provisions of this
chapter and in accordance with the rules and regulations
adopted pursuant thereto.
(3) When any property or premises for which one or
more licenses issued by the commission are in effect, is
determined by a court having jurisdiction to be a gambling
premise, all such licenses may be voided and no longer in
effect, and no license so voided shall be issued or reissued
for such property or premises for a period of up to sixty
days thereafter. Enforcement of this subsection shall be the
duty of all peace officers and all taxing and licensing
officials of this state and its political subdivisions and other
public agencies. This subsection shall not apply to property
or premises in which activities authorized by this chapter, or
any act or acts in furtherance thereof, are carried on when
conducted in compliance with the provisions of this chapter
and in accordance with the rules and regulations adopted
pursuant thereto. [1987 c 4 § 45; 1973 1st ex.s. c 218 § 25.]
9.46.260 Proof of possession as evidence of knowledge of its character. Proof of possession of any device
used for professional gambling or any record relating to
professional gambling specified in RCW 9.46.215 is prima
facie evidence of possession thereof with knowledge of its
character or contents. [1994 c 218 § 16; 1973 1st ex.s. c
218 § 26.]
Effective date—1994 c 218: See note following RCW 9.46.010.
9.46.270 Taxing authority, exclusive. This chapter
shall constitute the exclusive legislative authority for the
taxing by any city, town, city-county or county of any
gambling activity and its application shall be strictly construed to those activities herein permitted and to those
persons, associations or organizations herein permitted to
engage therein. [1973 1st ex.s. c 218 § 27.]
9.46.285 Licensing and regulation authority,
exclusive. This chapter constitutes the exclusive legislative
authority for the licensing and regulation of any gambling
activity and the state preempts such licensing and regulatory
functions, except as to the powers and duties of any city,
town, city-county, or county which are specifically set forth
in this chapter. Any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to
gambling in existence on September 27, 1973 shall be as of
that date null and void and of no effect. Any such city,
town, city-county, or county may thereafter enact only such
local law as is consistent with the powers and duties expressly granted to and imposed upon it by chapter 9.46 RCW and
which is not in conflict with that chapter or with the rules of
the commission. [1973 2nd ex.s. c 41 § 8.]
9.46.291 State lottery exemption. The provisions of
this chapter shall not apply to the conducting, operating,
participating, or selling or purchasing of tickets or shares in
the "lottery" or "state lottery" as defined in RCW 67.70.010
when such conducting, operating, participating, or selling or
purchasing is in conformity to the provisions of chapter
67.70 RCW and to the rules adopted thereunder. [1982 2nd
ex.s. c 7 § 39.]
(2002 Ed.)
Gambling—1973 Act
Construction—Severability—1982 2nd ex.s. c 7: See RCW
67.70.902 and 67.70.903.
9.46.293 Fishing derbies exempted. Any fishing
derby, defined under RCW 9.46.0229, shall not be subject to
any other provisions of this chapter or to any rules or
regulations of the commission. [1989 c 8 § 1; 1975 1st ex.s.
c 166 § 13.]
Severability—1975 1st ex.s. c 166: See note following RCW
9.46.090.
9.46.295 Licenses, scope of authority—Exception.
Any license to engage in any of the gambling activities
authorized by this chapter as now exists or as hereafter
amended, and issued under the authority thereof shall be
legal authority to engage in the gambling activities for which
issued throughout the incorporated and unincorporated area
of any county, except that a city located therein with respect
to that city, or a county with respect to all areas within that
county except for such cities, may absolutely prohibit, but
may not change the scope of license, any or all of the
gambling activities for which the license was issued. [1974
ex.s. c 155 § 6; 1974 ex.s. c 135 § 6.]
9.46.291
9.46.350 Civil action to collect fees, interest, penalties, or tax—Writ of attachment—Records as evidence.
At any time within five years after any amount of fees,
interest, penalties, or tax which is imposed pursuant to this
chapter, or rules adopted pursuant thereto, shall become due
and payable, the attorney general, on behalf of the commission, may bring a civil action in the courts of this state, or
any other state, or of the United States, to collect the amount
delinquent, together with penalties and interest: PROVIDED, That where the tax is one imposed by a county, city
or town under RCW 9.46.110, any such action shall be
brought by that county, city or town on its own behalf. An
action may be brought whether or not the person owing the
amount is at such time a licensee pursuant to the provisions
of this chapter.
If such an action is brought in the courts of this state,
a writ of attachment may be issued and no bond or affidavit
prior to the issuance thereof shall be required. In all actions
in this state, the records of the commission, or the appropriate county, city or town, shall be prima facie evidence of the
determination of the tax due or the amount of the delinquency. [1981 c 139 § 16.]
Severability—1981 c 139: See note following RCW 9.46.070.
Severability—1974 ex.s. c 155: See note following RCW 9.46.010.
9.46.300 Licenses and reports—Public inspection—
Exceptions and requirements—Charges. All applications
for licenses made to the commission, with the exception of
any portions of the applications describing the arrest or
conviction record of any person, and all reports required by
the commission to be filed by its licensees on a periodic
basis concerning the operation of the licensed activity or
concerning any organization, association, or business in
connection with which a licensed activity is operated, in the
commission files, shall be open to public inspection at the
commission’s offices upon a prior written request of the
commission. The staff of the commission may decline to
allow an inspection until such time as the inspection will not
unduly interfere with the other duties of the staff. The
commission may charge the person making a request for an
inspection an amount necessary to offset the costs to the
commission of providing the inspection and copies of any
requested documents. [1977 ex.s. c 326 § 17.]
9.46.310 Licenses for manufacture, sale, distribution, or supply of gambling devices. No person shall
manufacture, and no person shall sell, distribute, furnish or
supply to any other person, any gambling device, including
but not limited to punchboards and pull tabs, in this state, or
for use within this state, without first obtaining a license to
do so from the commission under the provisions of this
chapter.
Such licenses shall not be issued by the commission
except respecting devices which are designed and permitted
for use in connection with activities authorized under this
chapter: PROVIDED, That this requirement for licensure
shall apply only insofar as the commission has adopted, or
may adopt, rules implementing it as to particular categories
of gambling devices and related equipment. [1981 c 139 §
13.]
Severability—1981 c 139: See note following RCW 9.46.070.
(2002 Ed.)
9.46.360 Indian tribes—Compact negotiation
process. (1) The negotiation process for compacts with
federally recognized Indian tribes for conducting class III
gaming, as defined in the Indian Gaming Regulatory Act, 25
U.S.C. Sec. 2701 et seq., on federal Indian lands is governed
by this section.
(2) The gambling commission through the director or
the director’s designee shall negotiate compacts for class III
gaming on behalf of the state with federally recognized
Indian tribes in the state of Washington.
(3) When a tentative agreement with an Indian tribe on
a proposed compact is reached, the director shall immediately transmit a copy of the proposed compact to all voting and
ex officio members of the gambling commission and to the
standing committees designated pursuant to subsection (5) of
this section.
(4) Notwithstanding RCW 9.46.040, the four ex officio
members of the gambling commission shall be deemed
voting members of the gambling commission for the sole
purpose of voting on proposed compacts submitted under
this section.
(5) Within thirty days after receiving a proposed
compact from the director, one standing committee from
each house of the legislature shall hold a public hearing on
the proposed compact and forward its respective comments
to the gambling commission. The president of the senate
shall designate the senate standing committee that is to carry
out the duties of this section, and the speaker of the house
of representatives shall designate the house standing committee that is to carry out the duties of this section. The
designated committees shall continue to perform under this
section until the president of the senate or the speaker of the
house of representatives, as the case may be, designates a
different standing committee.
(6) The gambling commission may hold public hearings
on the proposed compact any time after receiving a copy of
the compact from the director. Within forty-five days after
[Title 9 RCW—page 61]
9.46.360
Title 9 RCW: Crimes and Punishments
receiving the proposed compact from the director, the
gambling commission, including the four ex officio members, shall vote on whether to return the proposed compact
to the director with instructions for further negotiation or to
forward the proposed compact to the governor for review
and final execution.
(7) Notwithstanding provisions in this section to the
contrary, if the director forwards a proposed compact to the
gambling commission and the designated standing committees within ten days before the beginning of a regular session
of the legislature, or during a regular or special session of
the legislature, the thirty-day time limit set forth in subsection (5) of this section and the forty-five day limit set forth
in subsection (6) of this section are each forty-five days and
sixty days, respectively.
(8) Funding for the negotiation process under this
section must come from the gambling revolving fund.
(9) In addition to the powers granted under this chapter,
the commission, consistent with the terms of any compact,
is authorized and empowered to enforce the provisions of
any compact between a federally recognized Indian tribe and
the state of Washington. [1992 c 172 § 2.]
Severability—1992 c 172: See note following RCW 43.06.010.
9.46.36001 Tribal actions—Federal jurisdiction.
(Expires July 30, 2007.) Until July 30, 2007, the state
consents to the jurisdiction of the federal courts in actions
brought by a tribe pursuant to the Indian Gaming Regulatory
Act of 1988 or seeking enforcement of a state/tribal compact
adopted under the Indian Gaming Regulatory Act, conditioned upon the tribe entering into such a compact and
providing similar consent. This limited waiver of sovereign
immunity shall not extend to actions other than those
expressly set forth herein and properly filed on or before
July 29, 2007.
This section expires July 30, 2007. [2001 c 236 § 1.]
9.46.400 Wildlife raffle. Any raffle authorized by the
fish and wildlife commission involving hunting big game
animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this
section or to any rules or regulations of the gambling
commission. [1996 c 101 § 3.]
Findings—1996 c 101: See note following RCW 77.32.530.
9.46.410 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
for the purpose of participating in any of the activities
authorized under this chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 2.]
9.46.420 RCW 9.46.410 to be negotiated with
Indian tribes. The commission shall consider the provisions
of RCW 9.46.410 as elements to be negotiated with federally
recognized Indian tribes as provided in RCW 9.46.360.
[2002 c 252 § 3.]
[Title 9 RCW—page 62]
9.46.900 Severability—1973 1st ex.s. c 218. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 218 § 31.]
Reviser’s note: See note following RCW 9.46.010.
9.46.901 Intent—1987 c 4. The separation of
definitions and authorized activities provisions of the state’s
gambling statutes into shorter sections is intended to improve
the readability and facilitate the future amendment of these
sections. This separation shall not change the meaning of
any of the provisions involved. [1987 c 4 § 1.]
9.46.902 Construction—1987 c 4. This act shall not
be construed as affecting any existing right acquired or
liability or obligation incurred under the sections amended or
repealed in this act or under any rule, regulation, or order
adopted under those sections, nor as affecting any proceeding
instituted under those sections. [1987 c 4 § 48.]
9.46.903 Intent—1994 c 218. The legislature intends
with chapter 218, Laws of 1994 to clarify the state’s public
policy on gambling regarding the frequency of state lottery
drawings, the means of addressing problem and compulsive
gambling, and the enforcement of the state’s gambling laws.
Chapter 218, Laws of 1994 is intended to clarify the specific
types of games prohibited in chapter 9.46 RCW and is not
intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video
pull-tabs, video poker, and other electronic games of chance
have been considered to be gambling devices before April 1,
1994. [1994 c 218 § 1.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Chapter 9.47
GAMBLING
Sections
9.47.080
Bucket shop defined.
9.47.090
Maintaining bucket shop—Penalty.
9.47.100
Written statement to be furnished—Presumption.
9.47.120
Bunco steering.
Action to recover
leased premises used for gambling: RCW 4.24.080.
money lost at gambling: RCW 4.24.070, 4.24.090.
Baseball, bribery and illegal practices: RCW 67.04.010, 67.04.020,
67.04.050.
Gaming apparatus, search and seizure: RCW 10.79.015.
Sporting contests, fraud: RCW 67.24.010.
9.47.080 Bucket shop defined. A bucket shop is
hereby defined to be a shed, tent, tenement, booth, building,
float or vessel, or any part thereof, wherein may be made
contracts respecting the purchase or sale upon margin or
credit of any commodities, securities, or property, or option
for the purchase thereof, wherein both parties intend that
such contract shall or may be terminated, closed and settled;
either,
(2002 Ed.)
Gambling
(1) Upon the basis of the market prices quoted or made
on any board of trade or exchange upon which such commodities, securities, or property may be dealt in; or,
(2) When the market prices for such commodities,
securities or property shall reach a certain figure in any such
board of trade or exchange; or,
(3) On the basis of the difference in the market prices
at which said commodities, securities or property are, or
purport to be, bought and sold. [1909 c 249 § 223; RRS §
2475.]
Securities and investments: Title 21 RCW.
9.47.090 Maintaining bucket shop—Penalty. Every
person, whether in his or her own behalf, or as agent,
servant or employee of another person, within or outside of
this state, who shall open, conduct or carry on any bucket
shop, or make or offer to make any contract described in
RCW 9.47.080, or with intent to make such a contract, or
assist therein, shall receive, exhibit, or display any statement
of market prices of any commodities, securities, or property,
shall be punished by imprisonment in a state correctional
facility for not more than five years. [1992 c 7 § 13; 1909
c 249 § 224; RRS § 2476.]
9.47.100 Written statement to be furnished—
Presumption. Every person, whether in his own behalf, or
as the servant, agent or employee of another person, within
or outside of this state, who shall buy or sell for another, or
execute any order for the purchase or sale of any commodities, securities or property, upon margin or credit, whether
for immediate or future delivery, shall, upon written demand
therefor, furnish such principal or customer with a written
statement containing the names of the persons from whom
such property was bought, or to whom it has been sold, as
the case may be, the time when, the place where, the amount
of, and the price at which the same was either bought or
sold; and if such person shall refuse or neglect to furnish
such statement within forty-eight hours after such written
demand, such refusal shall be prima facie evidence as
against him that such purchase or sale was made in violation
of RCW 9.47.090. [1909 c 249 § 225; RRS § 2477.]
9.47.120 Bunco steering. Every person who shall
entice, or induce another, upon any pretense, to go to any
place where any gambling game, scheme or device, or any
trick, sleight of hand performance, fraud or fraudulent
scheme, cards, dice or device, is being conducted or operated; or while in such place shall entice or induce another to
bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick,
sleight of hand performance, fraud or fraudulent scheme,
cards, dice, or device, or to execute any obligation for the
payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of
either, shall be punished by imprisonment in a state correctional facility for not more than ten years. [1992 c 7 § 14;
1909 c 249 § 227; RRS § 2479.]
Swindling: Chapter 9A.60 RCW.
9.47.080
Chapter 9.47A
INHALING TOXIC FUMES
(Formerly: Glue sniffing)
Sections
9.47A.010
9.47A.020
9.47A.030
9.47A.040
9.47A.050
Definition.
Unlawful inhalation—Exception.
Possession of certain substances prohibited, when.
Sale of certain substances prohibited, when.
Penalty.
9.47A.010 Definition. As used in this chapter, the
phrase "substance containing a solvent having the property
of releasing toxic vapors or fumes" shall mean and include
any substance containing one or more of the following
chemical compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or
combination thereof, having the property of releasing toxic
vapors. [1984 c 68 § 1; 1969 ex.s. c 149 § 1.]
9.47A.020 Unlawful inhalation—Exception. It is
unlawful for any person to intentionally smell or inhale the
fumes of any type of substance as defined in RCW
9.47A.010 or to induce any other person to do so, for the
purpose of causing a condition of, or inducing symptoms of
intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling
of the senses of the nervous system, or for the purpose of,
in any manner, changing, distorting, or disturbing the audio,
visual, or mental processes. This section does not apply to
the inhalation of any anesthesia for medical or dental
purposes. [1984 c 68 § 2; 1969 ex.s. c 149 § 2.]
9.47A.030 Possession of certain substances prohibited, when. No person may, for the purpose of violating
RCW 9.47A.020, use, or possess for the purpose of so using,
any substance containing a solvent having the property of
releasing toxic vapors or fumes. [1984 c 68 § 3; 1969 ex.s.
c 149 § 3.]
9.47A.040 Sale of certain substances prohibited,
when. No person may sell, offer to sell, deliver, or give to
(2002 Ed.)
[Title 9 RCW—page 63]
9.47A.040
Title 9 RCW: Crimes and Punishments
any other person any container of a substance containing a
solvent having the property of releasing toxic vapors or
fumes, if he has knowledge that the product sold, offered for
sale, delivered, or given will be used for the purpose set
forth in RCW 9.47A.020. [1984 c 68 § 4; 1969 ex.s. c 149
§ 4.]
9.47A.050 Penalty. Any person who violates this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars or by imprisonment for not more than
thirty days, or by both. [1969 ex.s. c 149 § 5.]
Chapter 9.51
JURIES, CRIMES RELATING TO
Sections
9.51.010
Misconduct of officer drawing jury.
9.51.020
Soliciting jury duty.
9.51.030
Misconduct of officer in charge of jury.
9.51.040
Grand juror acting after challenge allowed.
9.51.050
Disclosing transaction of grand jury.
9.51.060
Disclosure of deposition returned by grand jury.
Grand juries: Chapter 10.27 RCW.
Juries: Chapter 2.36 RCW.
Juror asking or receiving bribe: RCW 9A.72.100.
Trial
district courts: Chapter 12.12 RCW.
generally: Chapter 4.44 RCW.
9.51.010 Misconduct of officer drawing jury. Every
person charged by law with the preparation of any jury list
or list of names from which any jury is to be drawn, and
every person authorized by law to assist at the drawing of a
grand or petit jury to attend a court or term of court or to try
any cause or issue, who shall—
(1) Place in any such list any name at the request or
solicitation, direct or indirect, of any person; or
(2) Designedly put upon the list of jurors, as having
been drawn, any name which was not lawfully drawn for
that purpose; or
(3) Designedly omit to place upon such list any name
which was lawfully drawn; or
(4) Designedly sign or certify a list of such jurors as
having been drawn which were not lawfully drawn; or
(5) Designedly and wrongfully withdraw from the box
or other receptacle for the ballots containing the names of
such jurors any paper or ballot lawfully placed or belonging
there and containing the name of a juror, or omit to place
therein any name lawfully drawn or designated, or place
therein a paper or ballot containing the name of a person not
lawfully drawn and designated as a juror; or
(6) In drawing or impanelling such jury, do any act
which is unfair, partial or improper in any respect;
Shall be guilty of a gross misdemeanor. [1909 c 249 §
75; Code 1881 § 922; 1854 p 94 § 107; RRS § 2327.]
9.51.020 Soliciting jury duty. Every person who
shall, directly or indirectly, solicit or request any person
charged with the duty of preparing any jury list to put his
name, or the name of any other person, on any such list,
[Title 9 RCW—page 64]
shall be guilty of a gross misdemeanor. [1909 c 249 § 76;
1888 p 114 § 1; RRS § 2328.]
9.51.030 Misconduct of officer in charge of jury.
Every person to whose charge a jury shall be committed by
a court or magistrate, who shall knowingly, without leave of
such court or magistrate, permit them or any one of them to
receive any communication from any person, to make any
communication to any person, to obtain or receive any book,
paper or refreshment, or to leave the jury room, shall be
guilty of a gross misdemeanor. [1909 c 249 § 77; RRS §
2329.]
9.51.040 Grand juror acting after challenge allowed. Every grand juror who, with knowledge that a
challenge interposed against him by a defendant has been allowed, shall be present at, or take part, or attempt to take
part, in the consideration of the charge against the defendant
who interposed such challenge, or the deliberations of the
grand jury thereon, shall be guilty of a misdemeanor. [1909
c 249 § 121; RRS § 2373.]
9.51.050 Disclosing transaction of grand jury.
Every judge, grand juror, prosecuting attorney, clerk,
stenographer or other officer who, except in the due discharge of his official duty, shall disclose the fact that a
presentment has been made or indictment found or ordered
against any person, before such person shall be in custody;
and every grand juror, clerk or stenographer who, except
when lawfully required by a court or officer, shall disclose
any evidence adduced before the grand jury, or any proceeding, discussion or vote of the grand jury or any member
thereof, shall be guilty of a misdemeanor. [1909 c 249 §
126; Code 1881 § 991; 1854 p 111 § 56; RRS § 2378.]
9.51.060 Disclosure of deposition returned by grand
jury. Every clerk of any court or other officer who shall
wilfully permit any deposition, or the transcript of any
testimony, returned by a grand jury and filed with such clerk
or officer, to be inspected by any person except the court,
the deputies or assistants of such clerk, and the prosecuting
attorney and his deputies, until after the arrest of the
defendant, shall be guilty of a misdemeanor. [1909 c 249 §
127; RRS § 2379.]
Chapter 9.54
STOLEN PROPERTY RESTORATION
Sections
9.54.130
Restoration of stolen property—Duty of officers.
Theft and robbery: Chapter 9A.56 RCW.
9.54.130 Restoration of stolen property—Duty of
officers. The officer arresting any person charged as
principal or accessory in any robbery or larceny shall use
reasonable diligence to secure the property alleged to have
been stolen, and after seizure shall be answerable therefor
while it remains in his hands, and shall annex a schedule
thereof to his return of the warrant.
(2002 Ed.)
Stolen Property Restoration
Whenever the prosecuting attorney shall require such
property for use as evidence upon the examination or trial,
such officer, upon his demand, shall deliver it to him and
take his receipt therefor, after which such prosecuting attorney shall be answerable for the same. [1909 c 249 § 357;
RRS § 2609.]
Chapter 9.55
LEGISLATURE, CRIMES RELATING TO
Sections
9.55.020
Witness refusing to attend legislature or committee or to
testify.
9.55.020 Witness refusing to attend legislature or
committee or to testify. Every person duly summoned to
attend as a witness before either house of the legislature of
this state, or any committee thereof authorized to summon
witnesses, who shall refuse or neglect, without lawful
excuse, to attend pursuant to such summons, or who shall
wilfully refuse to be sworn or to affirm or to answer any
material or proper question or to produce, upon reasonable
notice, any material or proper books, papers or documents in
his possession or under his control, shall be guilty of a gross
misdemeanor. [1909 c 249 § 86; RRS § 2338.]
Candidate buying liquor for another person on election day: RCW
66.44.265.
Legislative inquiry: Chapter 44.16 RCW.
Chapter 9.58
LIBEL AND SLANDER
Sections
9.58.010
Libel, what constitutes.
9.58.020
How justified or excused—Malice, when presumed.
9.58.030
Publication defined.
9.58.040
Liability of editors and others.
9.58.050
Report of proceedings privileged.
9.58.060
Venue punishment restricted.
9.58.070
Privileged communications.
9.58.080
Furnishing libelous information.
9.58.090
Threatening to publish libel.
9.58.110
Slander of woman.
9.58.120
Testimony necessary to convict.
Blacklisting: RCW 49.44.010.
Judge or justice using unfit language: RCW 42.20.110.
Sufficiency of indictment or information for libel: RCW 10.37.120.
9.58.010 Libel, what constitutes. Every malicious
publication by writing, printing, picture, effigy, sign[,] radio
broadcasting or which shall in any other manner transmit the
human voice or reproduce the same from records or other
appliances or means, which shall tend:—
(1) To expose any living person to hatred, contempt,
ridicule or obloquy, or to deprive him of the benefit of
public confidence or social intercourse; or
(2) To expose the memory of one deceased to hatred,
contempt, ridicule or obloquy; or
(3) To injure any person, corporation or association of
persons in his or their business or occupation, shall be libel.
Every person who publishes a libel shall be guilty of a gross
misdemeanor. [1935 c 117 § 1; 1909 c 249 § 172; 1891 c
(2002 Ed.)
9.54.130
69 § 3; Code 1881 §§ 1230, 1231; 1879 p 144 § 1; 1869 p
383 §§ 1, 2; RRS § 2424.]
9.58.020 How justified or excused—Malice, when
presumed. Every publication having the tendency or effect
mentioned in RCW 9.58.010 shall be deemed malicious
unless justified or excused. Such publication is justified
whenever the matter charged as libelous charges the commission of a crime, is a true and fair statement, and was
published with good motives and for justifiable ends. It is
excused when honestly made in belief of its truth and
fairness and upon reasonable grounds for such belief, and
consists of fair comments upon the conduct of any person in
respect of public affairs, made after a fair and impartial
investigation. [1909 c 249 § 173; Code 1881 § 1233; 1879
p 144 § 4; 1869 p 384 § 3; RRS § 2425.]
9.58.030 Publication defined. Any method by which
matter charged as libelous may be communicated to another
shall be deemed a publication thereof. [1909 c 249 § 174;
Code 1881 § 1234; 1869 p 384 § 5; RRS § 2426.]
9.58.040 Liability of editors and others. Every
editor or proprietor of a book, newspaper or serial, and every
manager of a copartnership or corporation by which any
book, newspaper or serial is issued, is chargeable with the
publication of any matter contained in any such book,
newspaper or serial, and every owner, operator, proprietor or
person exercising control over any broadcasting station or
reproducting [reproducing] record of human voice or who
broadcasts over the radio or reproduces the human voice or
aids or abets either directly or indirectly in such broadcast or
reproduction shall be chargeable with the publication of any
matter so disseminated: PROVIDED, That in any prosecution or action for libel it shall be an absolute defense if the
defendant shows that the matter complained of was published without his knowledge or fault and against his wishes
by another who had no authority from him to make such
publication and was promptly retracted by the defendant with
an equal degree of publicity upon written request of the
complainant. [1935 c 117 § 2; 1909 c 249 § 175; Code
1881 §§ 1230, 1231; 1879 p 144 § 1; 1869 p 383 §§ 1, 2;
RRS § 2427.]
Radio and television broadcasting: Chapter 19.64 RCW.
9.58.050 Report of proceedings privileged. No
prosecution for libel shall be maintained against a reporter,
editor, proprietor, or publisher of a newspaper for the
publication therein of a fair and true report of any judicial,
legislative or other public and official proceeding, or of any
statement, speech, argument or debate in the course of the
same, without proving actual malice in making the report.
The editor or proprietor of a book, newspaper or serial shall
be proceeded against in the county where such book,
newspaper or serial is published. [1909 c 249 § 176; RRS
§ 2428.]
9.58.060 Venue punishment restricted. Every other
person publishing a libel in this state may be proceeded
against in any county where such libelous matter was
[Title 9 RCW—page 65]
9.58.060
Title 9 RCW: Crimes and Punishments
published or circulated, but a person shall not be proceeded
against for the publication of the same libel against the same
person in more than one county. [1909 c 249 § 177; RRS
§ 2429.]
9.58.070 Privileged communications. Every communication made to a person entitled to or concerned in such
communication, by one also concerned in or entitled to make
it, or who stood in such relation to the former as to offer a
reasonable ground for supposing his motive to be innocent,
shall be presumed not to be malicious, and shall be termed
a privileged communication. [1909 c 249 § 178; RRS §
2430.]
9.58.080 Furnishing libelous information. Every
person who shall wilfully state, deliver or transmit by any
means whatever, to any manager, editor, publisher, reporter
or other employee of a publisher of any newspaper, magazine, publication, periodical or serial, any statement concerning any person or corporation, which, if published therein,
would be a libel, shall be guilty of a misdemeanor. [1909 c
249 § 179; RRS § 2431.]
9.58.090 Threatening to publish libel. Every person
who shall threaten another with the publication of a libel
concerning the latter, or his spouse, parent, child, or other
member of his family, and every person who offers to
prevent the publication of a libel upon another person upon
condition of the payment of, or with intent to extort money
or other valuable consideration from any person, shall be
guilty of a gross misdemeanor. [1909 c 249 § 180; RRS §
2432.]
Extortion, blackmail, and coercion: Chapter 9A.56 RCW.
9.58.110 Slander of woman. Every person who, in
the presence or hearing of any person other than the female
slandered, whether she be present or not, shall maliciously
speak of or concerning any female of the age of twelve years
or upwards, not a common prostitute, any false or defamatory words or language which shall injure or impair the
reputation of any such female for virtue or chastity or which
shall expose her to hatred, contempt or ridicule, shall be
guilty of a misdemeanor. Every slander herein mentioned
shall be deemed to be malicious unless justified, and shall be
justified when the language charged as slanderous, false or
defamatory is true and fair, and was spoken with good
motives and for justifiable ends. [1909 c 249 § 181; RRS §
2433.]
9.58.120 Testimony necessary to convict. No
conviction shall be had under RCW 9.58.110, upon the
testimony of the woman slandered as to the speaking of the
slander, unsupported by other evidence. [1927 c 90 § 1;
1909 c 249 § 182; RRS § 2434.]
Chapter 9.61
MALICIOUS MISCHIEF—INJURY TO PROPERTY
Sections
9.61.140
9.61.150
9.61.160
9.61.170
9.61.180
9.61.190
9.61.200
Endangering life and property by explosives—Penalty.
Damaging building, etc., by explosion—Penalty.
Threats to bomb or injure property.
Threats to bomb or injure property—Hoax no defense.
Threats to bomb or injure property—Penalty.
Carrier or racing pigeons—Injury to.
Carrier or racing pigeons—Removal or alteration of identification.
9.61.230
Telephone harassment.
9.61.240
Telephone harassment—Permitting telephone to be used.
9.61.250
Telephone harassment—Offense, where deemed committed.
Endangering life by breach of labor contract: RCW 49.44.080.
Insured property, injury or destruction: RCW 48.30.220.
Malicious mischief: RCW 9A.48.070 through 9A.48.100.
Mutilation or destruction of property by school official: RCW 28A.635.070.
Nuisance: Chapter 9.66 RCW.
Ownership of property—Proof of: RCW 10.58.060.
Public library property, intentional injury: RCW 27.12.330.
9.61.140 Endangering life and property by explosives—Penalty. See RCW 70.74.270.
9.61.150 Damaging building, etc., by explosion—
Penalty. See RCW 70.74.280.
Gas bombs, stink bombs, etc.: RCW 70.74.310.
9.61.160 Threats to bomb or injure property. It
shall be unlawful for any person to threaten to bomb or
otherwise injure any public or private school building, any
place of worship or public assembly, any governmental
property, or any other building, common carrier, or structure,
or any place used for human occupancy; or to communicate
or repeat any information concerning such a threatened
bombing or injury, knowing such information to be false and
with intent to alarm the person or persons to whom the
information is communicated or repeated. [1977 ex.s. c 231
§ 1; 1959 c 141 § 1.]
9.61.170 Threats to bomb or injure property—Hoax
no defense. It shall not be a defense to any prosecution
under RCW 9.61.160 through 9.61.180 that the threatened
bombing or injury was a hoax. [1959 c 141 § 2.]
9.61.180 Threats to bomb or injure property—
Penalty. Any violation of RCW 9.61.160 through 9.61.180
shall be a felony. [1977 ex.s. c 231 § 2; 1959 c 141 § 3.]
9.61.190 Carrier or racing pigeons—Injury to. It
is a class 1 civil infraction for any person, other than the
owner thereof or his authorized agent, to knowingly shoot,
kill, maim, injure, molest, entrap, or detain any Antwerp
Messenger or Racing Pigeon, commonly called "carrier or
racing pigeons", having the name of its owner stamped upon
its wing or tail or bearing upon its leg a band or ring with
the name or initials of the owner or an identification or registration number stamped thereon. [1987 c 456 § 25; 1963
c 69 § 1.]
Legislative finding—1987 c 456: See RCW 7.80.005.
[Title 9 RCW—page 66]
(2002 Ed.)
Malicious Mischief—Injury to Property
Effective date—1987 c 456 §§ 9-31: See RCW 7.80.901.
9.61.200 Carrier or racing pigeons—Removal or
alteration of identification. It is a class 2 civil infraction
for any person other than the owner thereof or his authorized
agent to remove or alter any stamp, leg band, ring, or other
mark of identification attached to any Antwerp Messenger or
Racing Pigeon. [1987 c 456 § 26; 1963 c 69 § 2.]
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 §§ 9-31: See RCW 7.80.901.
9.61.230 Telephone harassment. Every person who,
with intent to harass, intimidate, torment or embarrass any
other person, shall make a telephone call to such other
person:
(1) Using any lewd, lascivious, profane, indecent, or
obscene words or language, or suggesting the commission of
any lewd or lascivious act; or
(2) Anonymously or repeatedly or at an extremely
inconvenient hour, whether or not conversation ensues; or
(3) Threatening to inflict injury on the person or
property of the person called or any member of his or her
family or household;
shall be guilty of a gross misdemeanor, except that the
person is guilty of a class C felony if either of the following
applies:
(a) That person has previously been convicted of any
crime of harassment, as defined in RCW 9A.46.060, with the
same victim or member of the victim’s family or household
or any person specifically named in a no-contact or noharassment order in this or any other state; or
(b) That person harasses another person under subsection (3) of this section by threatening to kill the person
threatened or any other person. [1992 c 186 § 6; 1985 c 288
§ 11; 1967 c 16 § 1.]
Severability—1992 c 186: See note following RCW 9A.46.110.
Effective date—Severability—1985 c 288: See RCW 9A.46.905 and
9A.46.910.
Severability—1967 c 16: "If any portion of this act is held to be
unconstitutional or void, such decision shall not affect the validity of the
remaining parts of this act." [1967 c 16 § 4.]
Communicating with child for immoral purposes: RCW 9.68A.090.
Interference with telephone message: RCW 9A.48.070, 9A.48.080.
9.61.240 Telephone harassment—Permitting
telephone to be used. Any person who knowingly permits
any telephone under his control to be used for any purpose
prohibited by RCW 9.61.230 shall be guilty of a misdemeanor. [1967 c 16 § 2.]
9.61.250 Telephone harassment—Offense, where
deemed committed. Any offense committed by use of a
telephone as set forth in RCW 9.61.230 may be deemed to
have been committed either at the place from which the
telephone call or calls were made or at the place where the
telephone call or calls were received. [1967 c 16 § 3.]
(2002 Ed.)
9.61.190
Chapter 9.62
MALICIOUS PROSECUTION—ABUSE
OF PROCESS
Sections
9.62.010
9.62.020
Malicious prosecution.
Instituting suit in name of another.
9.62.010 Malicious prosecution. Every person who
shall, maliciously and without probable cause therefor, cause
or attempt to cause another to be arrested or proceeded
against for any crime of which he or she is innocent:
(1) If such crime be a felony, shall be punished by
imprisonment in a state correctional facility for not more
than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. [1992 c 7 § 15;
1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854
p 92 § 89; RRS § 2369.]
9.62.020 Instituting suit in name of another. Every
person who shall institute or prosecute any action or other
proceeding in the name of another, without his consent and
contrary to law, shall be guilty of a gross misdemeanor.
[1909 c 249 § 124; RRS § 2376.]
Chapter 9.66
NUISANCE
Sections
9.66.010
Public nuisance.
9.66.020
Unequal damage.
9.66.030
Maintaining or permitting nuisance.
9.66.040
Abatement of nuisance.
9.66.050
Deposit of unwholesome substance.
Cemeteries established illegally: RCW 68.56.040.
Furnishing impure water: RCW 70.54.020.
Malicious mischief—Injury to property: Chapters 9.61, 9A.48 RCW.
Mausoleums and columbariums constructed illegally: RCW 68.28.060.
Nuisances: Chapter 7.48 RCW.
Poisoning food or water: RCW 69.40.030.
Sexually transmitted disease control, penalty: RCW 70.24.080.
9.66.010 Public nuisance. A public nuisance is a
crime against the order and economy of the state. Every
place
(1) Wherein any fighting between people or animals or
birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for
unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to
perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health,
comfort, or repose of any considerable number of persons;
or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or
tend to obstruct, or render dangerous for passage, a lake,
navigable river, bay, stream, canal or basin, or a public park,
[Title 9 RCW—page 67]
9.66.010
Title 9 RCW: Crimes and Punishments
square, street, alley, highway, or municipal transit vehicle or
station; or,
(4) Shall in any way render a considerable number of
persons insecure in life or the use of property;
Shall be a public nuisance. [1994 c 45 § 3; 1971 ex.s.
c 280 § 22; 1909 c 249 § 248; 1895 c 14 § 1; Code 1881 §
1246; RRS § 2500.]
Findings—Declaration—Severability—1994 c 45: See notes
following RCW 7.48.140.
Severability—Construction—1971 ex.s. c 280: "If any provision of
this 1971 amendatory act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of the provision
to other persons or circumstances is not affected: PROVIDED, That should
provisions of this 1971 amendatory act pertaining to the playing of bingo,
or holding raffles, permitting the operation of amusement games be held
invalid or unconstitutional by the supreme court of the state of Washington
as being violative of Article II, section 24, of the Constitution of the state
of Washington, then the provisions hereof relating to each such item as
aforesaid specifically declared invalid or unconstitutional by such court shall
remain inoperative unless and until the qualified electors of this state shall
approve an amendment to Article II, section 24, of the Constitution which
may remove any constitutional restrictions against the legislature enacting
such laws." [1971 ex.s. c 280 § 21.]
Boxing and wrestling regulated: Chapter 67.08 RCW.
Devices simulating traffic control signs declared public nuisance: RCW
47.36.180.
Highway obstructions: Chapter 47.32 RCW.
Navigation, obstructing: Chapter 88.28 RCW.
Parimutuel betting on horse races permitted: RCW 67.16.060.
9.66.020 Unequal damage. An act which affects a
considerable number of persons in any of the ways specified
in RCW 9.66.010 is not less a public nuisance because the
extent of the damage is unequal. [1909 c 249 § 249; Code
1881 § 1236; 1875 p 79 § 2; RRS § 2501.]
9.66.030 Maintaining or permitting nuisance. Every
person who shall commit or maintain a public nuisance, for
which no special punishment is prescribed; or who shall
wilfully omit or refuse to perform any legal duty relating to
the removal of such nuisance; and every person who shall
let, or permit to be used, any building or boat, or portion
thereof, knowing that it is intended to be, or is being used,
for committing or maintaining any such nuisance, shall be
guilty of a misdemeanor. [1909 c 249 § 250; Code 1881 §
1248; 1875 p 81 § 14; RRS § 2502.]
9.66.040 Abatement of nuisance. Any court or
magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to
any fine or other punishment which it may impose for such
violation, order such nuisance abated, and all property
unlawfully used in the maintenance thereof destroyed by the
sheriff at the cost of the defendant: PROVIDED, That if the
conviction was had in a district court, the district judge shall
not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court
which shall proceed to try the issue of abatement in the same
manner as if the action had been originally commenced
therein. [1987 c 202 § 140; 1957 c 45 § 4; 1909 c 249 §
251; Code 1881 §§ 1244, 1245; 1875 p 80 §§ 10, 11; RRS
§ 2503.]
Intent—1987 c 202: See note following RCW 2.04.190.
[Title 9 RCW—page 68]
Jurisdiction to abate a nuisance: State Constitution Art. 4 § 6 (Amendment
28).
9.66.050 Deposit of unwholesome substance. Every
person who shall deposit, leave or keep, on or near a
highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or
carry on, upon or near a highway or route of public travel,
on land or water, any business, trade or manufacture which
is noisome or detrimental to the public health; or who shall
deposit or cast into any lake, creek or river, wholly or partly
in this state, the offal from or the dead body of any animal,
shall be guilty of a gross misdemeanor. [1909 c 249 § 285;
RRS § 2537.]
Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.
Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030,
chapter 90.48 RCW.
Chapter 9.68
OBSCENITY AND PORNOGRAPHY
Sections
9.68.015
9.68.030
9.68.050
9.68.060
Obscene literature, shows, etc.—Exemptions.
Indecent articles, etc.
"Erotic material"—Definitions.
"Erotic material"—Determination by court—Labeling—
Penalties.
9.68.070
Prosecution for violation of RCW 9.68.060—Defense.
9.68.080
Unlawful acts.
9.68.090
Civil liability of wholesaler or wholesaler-distributor.
9.68.100
Exceptions to RCW 9.68.050 through 9.68.120.
9.68.110
Motion picture operator or projectionist exempt, when.
9.68.120
Provisions of RCW 9.68.050 through 9.68.120 exclusive.
9.68.130
"Sexually explicit material"—Defined—Unlawful display.
9.68.140
Promoting pornography—Class C felony—Penalties.
Indictment or information, obscene literature: RCW 10.37.130.
Injunctions, obscene materials: Chapter 7.42 RCW.
Public indecency: Chapter 9A.88 RCW.
Telephone calls using obscene language: RCW 9.61.230 through 9.61.250.
9.68.015 Obscene literature, shows, etc.—
Exemptions. Nothing in chapter 260, Laws of 1959 shall
apply to the circulation of any such material by any recognized historical society or museum, the state law library, any
county law library, the state library, the public library, any
library of any college or university, or to any archive or
library under the supervision and control of the state, county,
municipality, or other political subdivision. [1959 c 260 §
2.]
9.68.030 Indecent articles, etc. Every person who
shall expose for sale, loan or distribution, any instrument or
article, or any drug or medicine, for causing unlawful
abortion; or shall write, print, distribute or exhibit any card,
circular, pamphlet, advertisement or notice of any kind,
stating when, where, how or of whom such article or
medicine can be obtained, shall be guilty of a misdemeanor.
[1971 ex.s. c 185 § 2; 1909 c 249 § 208; RRS § 2460.]
9.68.050 "Erotic material"—Definitions. For the
purposes of RCW 9.68.050 through 9.68.120:
(2002 Ed.)
Obscenity and Pornography
(1) "Minor" means any person under the age of eighteen
years;
(2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other
material the dominant theme of which taken as a whole
appeals to the prurient interest of minors in sex; which is
patently offensive because it affronts contemporary community standards relating to the description or representation of
sexual matters or sado-masochistic abuse; and is utterly
without redeeming social value;
(3) "Person" means any individual, corporation, or other
organization;
(4) "Dealers", "distributors", and "exhibitors" mean
persons engaged in the distribution, sale, or exhibition of
printed material, photographs, pictures, motion pictures, or
sound recordings. [1992 c 5 § 1; 1969 ex.s. c 256 § 13.]
Severability—1969 ex.s. c 256: "If any provision of this 1969
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provisions to other
persons or circumstances, is not affected." [1969 ex.s. c 256 § 21.]
9.68.060 "Erotic material"—Determination by
court—Labeling—Penalties. (1) When it appears that
material which may be deemed erotic is being sold, distributed, or exhibited in this state, the prosecuting attorney of the
county in which the sale, distribution, or exhibition is taking
place may apply to the superior court for a hearing to
determine the character of the material with respect to
whether it is erotic material.
(2) Notice of the hearing shall immediately be served
upon the dealer, distributor, or exhibitor selling or otherwise
distributing or exhibiting the alleged erotic material. The
superior court shall hold a hearing not later than five days
from the service of notice to determine whether the subject
matter is erotic material within the meaning of RCW
9.68.050.
(3) If the superior court rules that the subject material
is erotic material, then, following such adjudication:
(a) If the subject material is written or printed, or is a
sound recording, the court shall issue an order requiring that
an "adults only" label be placed on the publication or sound
recording, if such publication or sound recording is going to
continue to be distributed. Whenever the superior court
orders a publication or sound recording to have an "adults
only" label placed thereon, such label shall be impressed on
the front cover of all copies of such erotic publication or
sound recording sold or otherwise distributed in the state of
Washington. Such labels shall be in forty-eight point bold
face type located in a conspicuous place on the front cover
of the publication or sound recording. All dealers and
distributors are hereby prohibited from displaying erotic
publications or sound recordings in their store windows, on
outside newsstands on public thoroughfares, or in any other
manner so as to make an erotic publication or the contents
of an erotic sound recording readily accessible to minors.
(b) If the subject material is a motion picture, the court
shall issue an order requiring that such motion picture shall
be labeled "adults only". The exhibitor shall prominently
display a sign saying "adults only" at the place of exhibition,
and any advertising of said motion picture shall contain a
statement that it is for adults only. Such exhibitor shall also
display a sign at the place where admission tickets are sold
(2002 Ed.)
9.68.050
stating that it is unlawful for minors to misrepresent their
age.
(c) Failure to comply with a court order issued under
the provisions of this section shall subject the dealer,
distributor, or exhibitor to contempt proceedings.
(d) Any person who, after the court determines material
to be erotic, sells, distributes, or exhibits the erotic material
to a minor shall be guilty of violating RCW 9.68.050
through 9.68.120, such violation to carry the following
penalties:
(i) For the first offense a misdemeanor and upon
conviction shall be fined not more than five hundred dollars,
or imprisoned in the county jail not more than six months;
(ii) For the second offense a gross misdemeanor and
upon conviction shall be fined not more than one thousand
dollars, or imprisoned not more than one year;
(iii) For all subsequent offenses a felony and upon
conviction shall be fined not more than five thousand dollars,
or imprisoned not less than one year. [1992 c 5 § 2; 1969
ex.s. c 256 § 14.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.070 Prosecution for violation of RCW
9.68.060—Defense. In any prosecution for violation of
RCW 9.68.060, it shall be a defense that:
(1) If the violation pertains to a motion picture or sound
recording, the minor was accompanied by a parent, parent’s
spouse, or guardian; or
(2) Such minor exhibited to the defendant a draft card,
driver’s license, birth certificate, or other official or an apparently official document purporting to establish such minor
was over the age of eighteen years; or
(3) Such minor was accompanied by a person who
represented himself to be a parent, or the spouse of a parent,
or a guardian of such minor, and the defendant in good faith
relied upon such representation. [1992 c 5 § 4; 1969 ex.s.
c 256 § 15.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.080 Unlawful acts. (1) It shall be unlawful for
any minor to misrepresent his true age or his true status as
the child, stepchild or ward of a person accompanying him,
for the purpose of purchasing or obtaining access to any
material described in RCW 9.68.050.
(2) It shall be unlawful for any person accompanying
such minor to misrepresent his true status as parent, spouse
of a parent or guardian of any minor for the purpose of
enabling such minor to purchase or obtain access to material
described in RCW 9.68.050. [1969 ex.s. c 256 § 16.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.090 Civil liability of wholesaler or wholesalerdistributor. No retailer, wholesaler, or exhibitor is to be
deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures, sound recordings,
or other materials or subjected to loss of his franchise or
right to deal or exhibit as a result of his attempts to comply
with this statute. Any publisher, distributor, or other person,
or combination of such persons, which withdraws or attempts to withdraw a franchise or other right to sell at retail,
wholesale or exhibit materials on account of the retailer’s,
[Title 9 RCW—page 69]
9.68.090
Title 9 RCW: Crimes and Punishments
wholesaler’s or exhibitor’s attempts to comply with RCW
9.68.050 through 9.68.120 shall incur civil liability to such
retailer, wholesaler or exhibitor for threefold the actual
damages resulting from such withdrawal or attempted
withdrawal. [1992 c 5 § 3; 1969 ex.s. c 256 § 17.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.100 Exceptions to RCW 9.68.050 through
9.68.120. Nothing in RCW 9.68.050 through 9.68.120 shall
apply to the circulation of any such material by any recognized historical society or museum, the state law library, any
county law library, the state library, the public library, any
library of any college or university, or to any archive or
library under the supervision and control of the state, county,
municipality, or other political subdivision. [1969 ex.s. c
256 § 18.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
with knowledge, sells, exhibits, displays, or produces any
lewd matter as defined in RCW 7.48A.010 is guilty of
promoting pornography. Promoting pornography is a class
C felony and shall bear the punishment and fines prescribed
for that class of felony. In imposing the criminal penalty,
the court shall consider the wilfulness of the defendant’s
conduct and the profits made by the defendant attributable to
the felony. All fines assessed under this chapter shall be
paid into the general treasury of the state. [1985 c 235 § 3;
1982 c 184 § 8.]
Severability—1985 c 235: See note following RCW 7.48A.040.
Severability—1982 c 184: See RCW 7.48A.900.
Class C felony—Authorized sentence: RCW 9A.20.020.
Chapter 9.68A
SEXUAL EXPLOITATION OF CHILDREN
(Formerly: Child pornography)
9.68.110 Motion picture operator or projectionist
exempt, when. The provisions of RCW 9.68.050 through
9.68.120 shall not apply to acts done in the scope of his
employment by a motion picture operator or projectionist
employed by the owner or manager of a theatre or other
place for the showing of motion pictures, unless the motion
picture operator or projectionist has a financial interest in
such theatre or place wherein he is so employed or unless he
caused to be performed or exhibited such performance or
motion picture without the knowledge and consent of the
manager or owner of the theatre or other place of showing.
[1969 ex.s. c 256 § 19.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.120 Provisions of RCW 9.68.050 through
9.68.120 exclusive. The provisions of RCW 9.68.050
through 9.68.120 shall be exclusive. [1969 ex.s. c 256 §
20.]
Severability—1969 ex.s. c 256: See note following RCW 9.68.050.
9.68.130 "Sexually explicit material"—Defined—
Unlawful display. (1) A person is guilty of unlawful
display of sexually explicit material if he knowingly exhibits
such material on a viewing screen so that the sexually
explicit material is easily visible from a public thoroughfare,
park or playground or from one or more family dwelling
units.
(2) "Sexually explicit material" as that term is used in
this section means any pictorial material displaying direct
physical stimulation of unclothed genitals, masturbation,
sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or
emphasizing the depiction of adult human genitals: PROVIDED HOWEVER, That works of art or of anthropological
significance shall not be deemed to be within the foregoing
definition.
(3) Any person who violates subsection (1) of this
section shall be guilty of a misdemeanor. [1975 1st ex.s. c
156 § 1.]
9.68.140 Promoting pornography—Class C felony—
Penalties. A person who, for profit-making purposes and
[Title 9 RCW—page 70]
Sections
9.68A.001
9.68A.011
9.68A.040
9.68A.050
9.68A.060
9.68A.070
9.68A.080
9.68A.090
9.68A.100
9.68A.105
9.68A.110
9.68A.120
9.68A.130
9.68A.140
9.68A.150
9.68A.160
9.68A.910
9.68A.911
Legislative finding.
Definitions.
Sexual exploitation of a minor—Elements of crime—
Penalty.
Dealing in depictions of minor engaged in sexually explicit
conduct.
Sending, bringing into state depictions of minor engaged in
sexually explicit conduct.
Possession of depictions of minor engaged in sexually explicit conduct.
Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity.
Communication with minor for immoral purposes.
Patronizing juvenile prostitute.
Additional fee assessment.
Certain defenses barred, permitted.
Seizure and forfeiture of property.
Recovery of costs of suit by minor.
Definitions.
Allowing minor on premises of live erotic performance.
Penalty.
Severability—1984 c 262.
Severability—1989 c 32.
9.68A.001 Legislative finding. The legislature finds
that the prevention of sexual exploitation and abuse of
children constitutes a government objective of surpassing
importance. The care of children is a sacred trust and
should not be abused by those who seek commercial gain or
personal gratification based on the exploitation of children.
The legislature further finds that the protection of
children from sexual exploitation can be accomplished
without infringing on a constitutionally protected activity.
The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and
prohibited conduct and should not inhibit legitimate scientific, medical, or educational activities. [1984 c 262 § 1.]
9.68A.011 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) To "photograph" means to make a print, negative,
slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by
photographing.
(2002 Ed.)
Sexual Exploitation of Children
(2) "Visual or printed matter" means any photograph or
other material that contains a reproduction of a photograph.
(3) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oralgenital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse for the purpose of sexual
stimulation of the viewer;
(e) Exhibition of the genitals or unclothed pubic or
rectal areas of any minor, or the unclothed breast of a female
minor, for the purpose of sexual stimulation of the viewer;
(f) Defecation or urination for the purpose of sexual
stimulation of the viewer; and
(g) Touching of a person’s clothed or unclothed genitals,
pubic area, buttocks, or breast area for the purpose of sexual
stimulation of the viewer.
(4) "Minor" means any person under eighteen years of
age.
(5) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to or
before an audience of one or more, with or without consideration. [2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]
9.68A.040 Sexual exploitation of a minor—Elements
of crime—Penalty. (1) A person is guilty of sexual
exploitation of a minor if the person:
(a) Compels a minor by threat or force to engage in
sexually explicit conduct, knowing that such conduct will be
photographed or part of a live performance;
(b) Aids, invites, employs, authorizes, or causes a minor
to engage in sexually explicit conduct, knowing that such
conduct will be photographed or part of a live performance;
or
(c) Being a parent, legal guardian, or person having
custody or control of a minor, permits the minor to engage
in sexually explicit conduct, knowing that the conduct will
be photographed or part of a live performance.
(2) Sexual exploitation of a minor is a class B felony
punishable under chapter 9A.20 RCW. [1989 c 32 § 2; 1984
c 262 § 3.]
9.68A.050 Dealing in depictions of minor engaged
in sexually explicit conduct. A person who:
(1) Knowingly develops, duplicates, publishes, prints,
disseminates, exchanges, finances, attempts to finance, or
sells any visual or printed matter that depicts a minor
engaged in an act of sexually explicit conduct; or
(2) Possesses with intent to develop, duplicate, publish,
print, disseminate, exchange, or sell any visual or printed
matter that depicts a minor engaged in an act of sexually
explicit conduct
is guilty of a class C felony punishable under chapter 9A.20
RCW. [1989 c 32 § 3; 1984 c 262 § 4.]
9.68A.060 Sending, bringing into state depictions of
minor engaged in sexually explicit conduct. A person who
knowingly sends or causes to be sent, or brings or causes to
be brought, into this state for sale or distribution, any visual
(2002 Ed.)
9.68A.011
or printed matter that depicts a minor engaged in sexually
explicit conduct is guilty of a class C felony punishable
under chapter 9A.20 RCW. [1989 c 32 § 4; 1984 c 262 §
5.]
9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. A person who knowingly possesses visual or printed matter depicting a minor
engaged in sexually explicit conduct is guilty of a class C
felony. [1990 c 155 § 1; 1989 c 32 § 5; 1984 c 262 § 6.]
Effective date—1990 c 155 §§ 1 and 2: "Sections 1 and 2 of this act
shall be effective July 1, 1990." [1990 c 155 § 3.]
9.68A.080 Reporting of depictions of minor engaged
in sexually explicit conduct—Civil immunity. (1) A
person who, in the course of processing or producing visual
or printed matter either privately or commercially, has
reasonable cause to believe that the visual or printed matter
submitted for processing or producing depicts a minor
engaged in sexually explicit conduct shall immediately report
such incident, or cause a report to be made, to the proper
law enforcement agency. Persons failing to do so are guilty
of a gross misdemeanor.
(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately
or commercially for repair, modification, or maintenance, a
person has reasonable cause to believe that the computer
stores visual or printed matter that depicts a minor engaged
in sexually explicit conduct, the person performing the
repair, modification, or maintenance may report such
incident, or cause a report to be made, to the proper law
enforcement agency.
(3) A person who makes a report in good faith under
this section is immune from civil liability resulting from the
report. [2002 c 70 § 2; 1989 c 32 § 6; 1984 c 262 § 7.]
9.68A.090 Communication with minor for immoral
purposes. A person who communicates with a minor for
immoral purposes is guilty of a gross misdemeanor, unless
that person has previously been convicted under this section
or of a felony sexual offense under chapter 9.68A, 9A.44, or
9A.64 RCW or of any other felony sexual offense in this or
any other state, in which case the person is guilty of a class
C felony punishable under chapter 9A.20 RCW. [1989 c 32
§ 7; 1986 c 319 § 2; 1984 c 262 § 8.]
9.68A.100 Patronizing juvenile prostitute. A person
is guilty of patronizing a juvenile prostitute if that person
engages or agrees or offers to engage in sexual conduct with
a minor in return for a fee, and is guilty of a class C felony
punishable under chapter 9A.20 RCW. In addition to any
other penalty provided under chapter 9A.20 RCW, a person
guilty of patronizing a juvenile prostitute is subject to the
provisions under RCW 9A.88.130 and 9A.88.140. [1999 c
327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Additional requirements: RCW 9A.88.130.
Vehicle impoundment: RCW 9A.88.140.
9.68A.105 Additional fee assessment. (1)(a) In
addition to penalties set forth in RCW 9.68A.100, a person
[Title 9 RCW—page 71]
9.68A.105
Title 9 RCW: Crimes and Punishments
who is either convicted or given a deferred sentence or a
deferred prosecution as a result of an arrest for violating
RCW 9.68A.100 or a comparable county or municipal
ordinance shall be assessed a two hundred fifty dollar fee.
(b) The court may not suspend payment of all or part of
the fee unless it finds that the person does not have the
ability to pay.
(c) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation of RCW 9.68A.100 or a
comparable county or municipal ordinance, the court shall
assess the fee under (a) of this subsection. The court may
not suspend payment of all or part of the fee unless it finds
that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section
shall be collected by the clerk of the court and distributed
each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW
43.63A.740 for the purpose of funding prostitution prevention and intervention activities. [1995 c 353 § 12.]
9.68A.110 Certain defenses barred, permitted. (1)
In a prosecution under RCW 9.68A.040, it is not a defense
that the defendant was involved in activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses. Law enforcement and prosecution agencies shall not employ minors to aid in the investigation of a violation of RCW 9.68A.090 or 9.68A.100. This
chapter does not apply to lawful conduct between spouses.
(2) In a prosecution under RCW 9.68A.050, 9.68A.060,
9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual
or printed matter: PROVIDED, That it is a defense, which
the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant was not
in possession of any facts on the basis of which he or she
should reasonably have known that the person depicted was
a minor.
(3) In a prosecution under RCW 9.68A.040 or
9.68A.090, it is not a defense that the defendant did not
know the alleged victim’s age: PROVIDED, That it is a
defense, which the defendant must prove by a preponderance
of the evidence, that at the time of the offense, the defendant
made a reasonable bona fide attempt to ascertain the true age
of the minor by requiring production of a driver’s license,
marriage license, birth certificate, or other governmental or
educational identification card or paper and did not rely
solely on the oral allegations or apparent age of the minor.
(4) In a prosecution under RCW 9.68A.050, 9.68A.060,
or 9.68A.070, it shall be an affirmative defense that the
defendant was a law enforcement officer in the process of
conducting an official investigation of a sex-related crime
against a minor, or that the defendant was providing individual case treatment as a recognized medical facility or as a
psychiatrist or psychologist licensed under Title 18 RCW.
(5) In a prosecution under RCW 9.68A.050, 9.68A.060,
or 9.68A.070, the state is not required to establish the
identity of the alleged victim. [1992 c 178 § 1; 1989 c 32
§ 9; 1986 c 319 § 3; 1984 c 262 § 10.]
Severability—1992 c 178: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 9 RCW—page 72]
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 178 § 2.]
9.68A.120 Seizure and forfeiture of property. The
following are subject to seizure and forfeiture:
(1) All visual or printed matter that depicts a minor
engaged in sexually explicit conduct.
(2) All raw materials, equipment, and other tangible
personal property of any kind used or intended to be used to
manufacture or process any visual or printed matter that
depicts a minor engaged in sexually explicit conduct, and all
conveyances, including aircraft, vehicles, or vessels that are
used or intended for use to transport, or in any manner to
facilitate the transportation of, visual or printed matter in
violation of RCW 9.68A.050 or 9.68A.060, but:
(a) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is
subject to forfeiture under this section unless it appears that
the owner or other person in charge of the conveyance is a
consenting party or privy to a violation of this chapter;
(b) No property is subject to forfeiture under this section
by reason of any act or omission established by the owner of
the property to have been committed or omitted without the
owner’s knowledge or consent;
(c) A forfeiture of property encumbered by a bona fide
security interest is subject to the interest of the secured party
if the secured party neither had knowledge of nor consented
to the act or omission; and
(d) When the owner of a conveyance has been arrested
under this chapter the conveyance may not be subject to
forfeiture unless it is seized or process is issued for its
seizure within ten days of the owner’s arrest.
(3) All personal property, moneys, negotiable instruments, securities, or other tangible or intangible property
furnished or intended to be furnished by any person in
exchange for visual or printed matter depicting a minor
engaged in sexually explicit conduct, or constituting proceeds
traceable to any violation of this chapter.
(4) Property subject to forfeiture under this chapter may
be seized by any law enforcement officer of this state upon
process issued by any superior court having jurisdiction over
the property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative
inspection warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to
believe that the property is directly or indirectly dangerous
to health or safety; or
(d) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used
in violation of this chapter.
(5) In the event of seizure under subsection (4) of this
section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to
be served within fifteen days following the seizure on the
owner of the property seized and the person in charge
thereof and any person having any known right or interest
therein, of the seizure and intended forfeiture of the seized
(2002 Ed.)
Sexual Exploitation of Children
property. The notice may be served by any method authorized by law or court rule including but not limited to
service by certified mail with return receipt requested.
Service by mail shall be deemed complete upon mailing
within the fifteen day period following the seizure.
(6) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of seized items within forty-five days of the
seizure, the item seized shall be deemed forfeited.
(7) If any person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of seized items within forty-five days of the
seizure, the person or persons shall be afforded a reasonable
opportunity to be heard as to the claim or right. The hearing
shall be before an administrative law judge appointed under
chapter 34.12 RCW, except that any person asserting a claim
or right may remove the matter to a court of competent
jurisdiction if the aggregate value of the article or articles
involved is more than five hundred dollars. The hearing
before an administrative law judge and any appeal therefrom
shall be under Title 34 RCW. In a court hearing between
two or more claimants to the article or articles involved, the
prevailing party shall be entitled to a judgment for costs and
reasonable attorney’s fees. The burden of producing
evidence shall be upon the person claiming to be the lawful
owner or the person claiming to have the lawful right to
possession of the seized items. The seizing law enforcement
agency shall promptly return the article or articles to the
claimant upon a determination by the administrative law
judge or court that the claimant is lawfully entitled to
possession thereof of the seized items.
(8) If property is sought to be forfeited on the ground
that it constitutes proceeds traceable to a violation of this
chapter, the seizing law enforcement agency must prove by
a preponderance of the evidence that the property constitutes
proceeds traceable to a violation of this chapter.
(9) When property is forfeited under this chapter the
seizing law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release the property to
that agency for the exclusive use of enforcing this chapter;
(b) Sell that which is not required to be destroyed by
law and which is not harmful to the public. The proceeds
and all moneys forfeited under this chapter shall be used for
payment of all proper expenses of the investigation leading
to the seizure, including any money delivered to the subject
of the investigation by the law enforcement agency, and of
the proceedings for forfeiture and sale, including expenses of
seizure, maintenance of custody, advertising, actual costs of
the prosecuting or city attorney, and court costs. Fifty
percent of the money remaining after payment of these
expenses shall be deposited in the public safety and education account established under RCW 43.08.250 and fifty
percent shall be deposited in the general fund of the state,
county, or city of the seizing law enforcement agency; or
(c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for
disposition in accordance with law. [1999 c 143 § 8; 1984
c 262 § 11.]
(2002 Ed.)
9.68A.120
9.68A.130 Recovery of costs of suit by minor. A
minor prevailing in a civil action arising from violation of
this chapter is entitled to recover the costs of the suit,
including an award of reasonable attorneys’ fees. [1984 c
262 § 12.]
9.68A.140 Definitions. For the purposes of RCW
9.68A.140 through 9.68A.160:
(1) "Minor" means any person under the age of eighteen
years.
(2) "Erotic materials" means live performance:
(a) Which the average person, applying contemporary
community standards, would find, when considered as a
whole, appeals to the prurient interest of minors; and
(b) Which explicitly depicts or describes patently
offensive representations or descriptions of sexually explicit
conduct as defined in RCW 9.68A.011; and
(c) Which, when considered as a whole, and in the
context in which it is used, lacks serious literary, artistic,
political, or scientific value for minors.
(3) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to, or
before an audience of one or more, with or without consideration.
(4) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity. [1987 c 396
§ 1.]
Severability—1987 c 396: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 396 § 4.]
9.68A.150 Allowing minor on premises of live erotic
performance. No person may knowingly allow a minor to
be on the premises of a commercial establishment open to
the public if there is a live performance containing matter
which is erotic material. [1987 c 396 § 2.]
Severability—1987 c 396: See note following RCW 9.68A.140.
9.68A.160 Penalty. Any person who is convicted of
violating any provision of RCW 9.68A.150 is guilty of a
gross misdemeanor. [1987 c 396 § 3.]
Severability—1987 c 396: See note following RCW 9.68A.140.
9.68A.910 Severability—1984 c 262. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 262 § 15.]
9.68A.911 Severability—1989 c 32. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 32 § 10.]
[Title 9 RCW—page 73]
Chapter 9.69
Title 9 RCW: Crimes and Punishments
Chapter 9.69
DUTY OF WITNESSES
Sections
9.69.100
Duty of witness of offense against child or any violent offense—Penalty.
Labor and industries officer, disobeying subpoena to appear before: RCW
43.22.300.
Legislative hearings, failure to obey subpoena or testify: RCW 44.16.120
through 44.16.150.
Obstructing governmental operation: Chapter 9A.76 RCW.
Wills, fraudulently failing to deliver: RCW 11.20.010.
9.69.100 Duty of witness of offense against child or
any violent offense—Penalty. (1) A person who witnesses
the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or
preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to
commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely
to cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting
attorney, law enforcement, medical assistance, or other
public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this
section is met if a person notifies or attempts to provide such
notice by telephone or any other means as soon as reasonably possible.
(4) Failure to report as required by subsection (1) of this
section is a gross misdemeanor. However, a person is not
required to report under this section where that person has a
reasonable belief that making such a report would place that
person or another family or household member in danger of
immediate physical harm. [1987 c 503 § 18; 1985 c 443 §
21; 1970 ex.s. c 49 § 8.]
Severability—Effective date—1987 c 503: See RCW 74.14B.901
and 74.14B.902.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Severability—1970 ex.s. c 49: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 49 § 9.]
Abuse of children: Chapter 26.44 RCW.
Chapter 9.72
PERJURY
Sections
9.72.090
Committal of witness—Detention of documents.
Banks and trust companies
false swearing in bank or trust company examinations: RCW 30.04.060.
knowingly subscribing to false statement: RCW 30.12.090.
Elections
absentee voting, falsification of qualifications: RCW 29.36.370.
falsification by voter: Chapter 29.85 RCW.
initiative and referendum petition signer, false statement: RCW
29.79.440.
recall petition signer, false statement: RCW 29.82.170.
Land registration falsification: RCW 65.12.740.
[Title 9 RCW—page 74]
Marriage affidavit falsification: RCW 26.04.210.
Perjury and interference with official proceedings: Chapter 9A.72 RCW.
Public assistance, falsification of application: RCW 74.08.055.
Sufficiency of indictment or information charging perjury: RCW 10.37.140.
Taxation, false property listing: RCW 84.40.120.
9.72.090 Committal of witness—Detention of
documents. Whenever it shall appear probable to a judge,
magistrate, or other officer lawfully authorized to conduct
any hearing, proceeding or investigation, that a person who
has testified before such judge, magistrate, or officer has
committed perjury in any testimony so given, or offered any
false evidence, he or she may, by order or process for that
purpose, immediately commit such person to jail or take a
recognizance for such person’s appearance to answer such
charge. In such case such judge, magistrate, or officer may
detain any book, paper, document, record or other instrument
produced before him or her or direct it to be delivered to the
prosecuting attorney. [1987 c 202 § 141; 1909 c 249 § 107;
RRS § 2359.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 9.73
PRIVACY, VIOLATING RIGHT OF
Sections
9.73.010
9.73.020
9.73.030
9.73.040
9.73.050
9.73.060
9.73.070
9.73.080
9.73.090
9.73.095
9.73.100
9.73.110
9.73.120
9.73.130
9.73.140
9.73.200
9.73.210
9.73.220
9.73.230
9.73.240
9.73.260
Divulging telegram.
Opening sealed letter.
Intercepting, recording, or divulging private communication—Consent required—Exceptions.
Intercepting private communication—Court order permitting
interception—Grounds for issuance—Duration—
Renewal.
Admissibility of intercepted communication in evidence.
Violating right of privacy—Civil action—Liability for damages.
Persons and activities excepted from chapter.
Penalties.
Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080—Standards—Court authorizations—Admissibility.
Intercepting, recording, or divulging inmate conversations—
Conditions—Notice.
Recordings available to defense counsel.
Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
Reports—Required, when, contents.
Recording private communications—Authorization—
Application for, contents.
Recording private communications—Authorization of or
application for—Inventory, contents, service—
Availability of recording, applications, and orders.
Intercepting, transmitting, or recording conversations concerning controlled substances—Findings.
Intercepting, transmitting, or recording conversations concerning controlled substances—Authorization—Monthly
report—Admissibility—Destruction of information.
Judicial authorizations—Availability of judge required.
Intercepting, transmitting, or recording conversations concerning controlled substances—Conditions—Written
reports required—Judicial review—Notice—
Admissibility—Penalties.
Intercepting, transmitting, or recording conversations concerning controlled substances—Concurrent power of
attorney general to investigate and prosecute.
Pen registers, trap and trace devices.
(2002 Ed.)
Privacy, Violating Right of
9.73.010
9.73.010 Divulging telegram. Every person who shall
wrongfully obtain or attempt to obtain, any knowledge of a
telegraphic message, by connivance with the clerk, operator,
messenger or other employee of a telegraph company, and
every clerk, operator, messenger or other employee of such
company who shall wilfully divulge to any but the person
for whom it was intended, any telegraphic message or
dispatch intrusted to him for transmission or delivery, or the
nature or contents thereof, or shall wilfully refuse, neglect or
delay duly to transmit or deliver the same, shall be guilty of
a misdemeanor. [1909 c 249 § 410; Code 1881 § 2342;
RRS § 2662.]
acting in the course of bona fide news gathering duties on a
full-time or contractual or part-time basis, shall be deemed
to have consent to record and divulge communications or
conversations otherwise prohibited by this chapter if the
consent is expressly given or if the recording or transmitting
device is readily apparent or obvious to the speakers.
Withdrawal of the consent after the communication has been
made shall not prohibit any such employee of a newspaper,
magazine, wire service, or radio or television station from
divulging the communication or conversation. [1986 c 38 §
1; 1985 c 260 § 2; 1977 ex.s. c 363 § 1; 1967 ex.s. c 93 §
1.]
Intercepting, delaying telegram: RCW 9A.48.070, 9A.48.080.
Reviser’s note: This section was amended by 1985 c 260 § 2 and by
1986 c 38 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1967 ex.s. c 93: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 ex.s. c 93 § 7.]
9.73.020 Opening sealed letter. Every person who
shall wilfully open or read, or cause to be opened or read,
any sealed message, letter or telegram intended for another
person, or publish the whole or any portion of such a
message, letter or telegram, knowing it to have been opened
or read without authority, shall be guilty of a misdemeanor.
[1909 c 249 § 411; RRS § 2663.]
9.73.030 Intercepting, recording, or divulging
private communication—Consent required—Exceptions.
(1) Except as otherwise provided in this chapter, it shall be
unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political
subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone,
telegraph, radio, or other device between two or more
individuals between points within or without the state by any
device electronic or otherwise designed to record and/or
transmit said communication regardless how such device is
powered or actuated, without first obtaining the consent of
all the participants in the communication;
(b) Private conversation, by any device electronic or
otherwise designed to record or transmit such conversation
regardless how the device is powered or actuated without
first obtaining the consent of all the persons engaged in the
conversation.
(2) Notwithstanding subsection (1) of this section, wire
communications or conversations (a) of an emergency
nature, such as the reporting of a fire, medical emergency,
crime, or disaster, or (b) which convey threats of extortion,
blackmail, bodily harm, or other unlawful requests or
demands, or (c) which occur anonymously or repeatedly or
at an extremely inconvenient hour, or (d) which relate to
communications by a hostage holder or barricaded person as
defined in RCW 70.85.100, whether or not conversation
ensues, may be recorded with the consent of one party to the
conversation.
(3) Where consent by all parties is needed pursuant to
this chapter, consent shall be considered obtained whenever
one party has announced to all other parties engaged in the
communication or conversation, in any reasonably effective
manner, that such communication or conversation is about to
be recorded or transmitted: PROVIDED, That if the
conversation is to be recorded that said announcement shall
also be recorded.
(4) An employee of any regularly published newspaper,
magazine, wire service, radio station, or television station
(2002 Ed.)
9.73.040 Intercepting private communication—
Court order permitting interception—Grounds for
issuance—Duration—Renewal. (1) An ex parte order for
the interception of any communication or conversation listed
in RCW 9.73.030 may be issued by any superior court judge
in the state upon verified application of either the state
attorney general or any county prosecuting attorney setting
forth fully facts and circumstances upon which the application is based and stating that:
(a) There are reasonable grounds to believe that national
security is endangered, that a human life is in danger, that
arson is about to be committed, or that a riot is about to be
committed, and
(b) There are reasonable grounds to believe that evidence will be obtained essential to the protection of national
security, the preservation of human life, or the prevention of
arson or a riot, and
(c) There are no other means readily available for
obtaining such information.
(2) Where statements are solely upon the information
and belief of the applicant, the grounds for the belief must
be given.
(3) The applicant must state whether any prior application has been made to obtain such communications on the
same instrument or for the same person and if such prior
application exists the applicant shall disclose the current
status thereof.
(4) The application and any order issued under RCW
9.73.030 through 9.73.080 shall identify as fully as possible
the particular equipment, lines or location from which the
information is to be obtained and the purpose thereof.
(5) The court may examine upon oath or affirmation the
applicant and any witness the applicant desires to produce or
the court requires to be produced.
(6) Orders issued under this section shall be effective
for fifteen days, after which period the court which issued
the order may upon application of the officer who secured
the original order renew or continue the order for an additional period not to exceed fifteen days.
[Title 9 RCW—page 75]
9.73.040
Title 9 RCW: Crimes and Punishments
(7) No order issued under this section shall authorize or
purport to authorize any activity which would violate any
laws of the United States. [1967 ex.s. c 93 § 2.]
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
9.73.050 Admissibility of intercepted communication in evidence. Any information obtained in violation of
RCW 9.73.030 or pursuant to any order issued under the
provisions of RCW 9.73.040 shall be inadmissible in any
civil or criminal case in all courts of general or limited
jurisdiction in this state, except with the permission of the
person whose rights have been violated in an action brought
for damages under the provisions of RCW 9.73.030 through
9.73.080, or in a criminal action in which the defendant is
charged with a crime, the commission of which would jeopardize national security. [1967 ex.s. c 93 § 3.]
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
9.73.060 Violating right of privacy—Civil action—
Liability for damages. Any person who, directly or by
means of a detective agency or any other agent, violates the
provisions of this chapter shall be subject to legal action for
damages, to be brought by any other person claiming that a
violation of this statute has injured his business, his person,
or his reputation. A person so injured shall be entitled to
actual damages, including mental pain and suffering endured
by him on account of violation of the provisions of this
chapter, or liquidated damages computed at the rate of one
hundred dollars a day for each day of violation, not to
exceed one thousand dollars, and a reasonable attorney’s fee
and other costs of litigation. [1977 ex.s. c 363 § 2; 1967
ex.s. c 93 § 4.]
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
9.73.070 Persons and activities excepted from
chapter. (1) The provisions of this chapter shall not apply
to any activity in connection with services provided by a
common carrier pursuant to its tariffs on file with the
Washington utilities and transportation commission or the
Federal Communication Commission and any activity of any
officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the
construction, maintenance, repair and operations of the
common carrier’s communications services, facilities, or
equipment or incident to the use of such services, facilities
or equipment. Common carrier as used in this section means
any person engaged as a common carrier or public service
company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign
radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
(a) Any common carrier automatic number, caller, or
location identification service that has been approved by the
Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as
defined in RCW 82.14B.020, for purposes of aiding public
health or public safety agencies to respond to calls placed for
emergency assistance. [1994 c 49 § 1. Prior: 1991 c 329
§ 8; 1991 c 312 § 1; 1967 ex.s. c 93 § 5.]
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
[Title 9 RCW—page 76]
9.73.080 Penalties. (1) Except as otherwise provided
in this chapter, any person who violates RCW 9.73.030 is
guilty of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or
wrongfully discloses any recording in violation of RCW
9.73.090(1)(c) is guilty of a gross misdemeanor. [2000 c
195 § 3; 1989 c 271 § 209; 1967 ex.s. c 93 § 6.]
Intent—2000 c 195: See note following RCW 9.73.090.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1967 ex.s. c 93: See note following RCW 9.73.030.
9.73.090 Certain emergency response personnel
exempted from RCW 9.73.030 through 9.73.080—
Standards—Court authorizations—Admissibility. (1) The
provisions of RCW 9.73.030 through 9.73.080 shall not
apply to police, fire, emergency medical service, emergency
communication center, and poison center personnel in the
following instances:
(a) Recording incoming telephone calls to police and
fire stations, licensed emergency medical service providers,
emergency communication centers, and poison centers;
(b) Video and/or sound recordings may be made of
arrested persons by police officers responsible for making
arrests or holding persons in custody before their first
appearance in court. Such video and/or sound recordings
shall conform strictly to the following:
(i) The arrested person shall be informed that such
recording is being made and the statement so informing him
shall be included in the recording;
(ii) The recording shall commence with an indication of
the time of the beginning thereof and terminate with an
indication of the time thereof;
(iii) At the commencement of the recording the arrested
person shall be fully informed of his constitutional rights,
and such statements informing him shall be included in the
recording;
(iv) The recordings shall only be used for valid police
or court activities;
(c) Sound recordings that correspond to video images
recorded by video cameras mounted in law enforcement
vehicles. All law enforcement officers wearing a sound
recording device that makes recordings corresponding to
videos recorded by video cameras mounted in law enforcement vehicles must be in uniform. A sound recording
device which makes a recording pursuant to this subsection
(1)(c) may only be operated simultaneously with the video
camera. No sound recording device may be intentionally
turned off by the law enforcement officer during the operation of the video camera.
No sound or video recording made under this subsection
(1)(c) may be duplicated and made available to the public by
a law enforcement agency subject to this section until final
disposition of any criminal or civil litigation which arises
from the incident or incidents which were recorded. Such
sound recordings shall not be divulged or used by any law
enforcement agency for any commercial purpose.
A law enforcement officer shall inform any person
being recorded by sound under this subsection (1)(c) that a
sound recording is being made and the statement so informing the person shall be included in the sound recording,
except that the law enforcement officer is not required to
(2002 Ed.)
Privacy, Violating Right of
inform the person being recorded if the person is being
recorded under exigent circumstances. A law enforcement
officer is not required to inform a person being recorded by
video under this subsection (1)(c) that the person is being
recorded by video.
(2) It shall not be unlawful for a law enforcement
officer acting in the performance of the officer’s official
duties to intercept, record, or disclose an oral communication
or conversation where the officer is a party to the communication or conversation or one of the parties to the
communication or conversation has given prior consent to
the interception, recording, or disclosure: PROVIDED, That
prior to the interception, transmission, or recording the
officer shall obtain written or telephonic authorization from
a judge or magistrate, who shall approve the interception,
recording, or disclosure of communications or conversations
with a nonconsenting party for a reasonable and specified
period of time, if there is probable cause to believe that the
nonconsenting party has committed, is engaged in, or is
about to commit a felony: PROVIDED HOWEVER, That
if such authorization is given by telephone the authorization
and officer’s statement justifying such authorization must be
electronically recorded by the judge or magistrate on a
recording device in the custody of the judge or magistrate at
the time transmitted and the recording shall be retained in
the court records and reduced to writing as soon as possible
thereafter.
Any recording or interception of a communication or
conversation incident to a lawfully recorded or intercepted
communication or conversation pursuant to this subsection
shall be lawful and may be divulged.
All recordings of communications or conversations
made pursuant to this subsection shall be retained for as long
as any crime may be charged based on the events or communications or conversations recorded.
(3) Communications or conversations authorized to be
intercepted, recorded, or disclosed by this section shall not
be inadmissible under RCW 9.73.050.
(4) Authorizations issued under subsection (2) of this
section shall be effective for not more than seven days, after
which period the issuing authority may renew or continue
the authorization for additional periods not to exceed seven
days.
(5) If the judge or magistrate determines that there is
probable cause to believe that the communication or conversation concerns the unlawful manufacture, delivery, sale, or
possession with intent to manufacture, deliver, or sell,
controlled substances as defined in chapter 69.50 RCW, or
legend drugs as defined in chapter 69.41 RCW, or imitation
controlled substances as defined in chapter 69.52 RCW, the
judge or magistrate may authorize the interception, transmission, recording, or disclosure of communications or conversations under subsection (2) of this section even though the
true name of the nonconsenting party, or the particular time
and place for the interception, transmission, recording, or
disclosure, is not known at the time of the request, if the
authorization describes the nonconsenting party and subject
matter of the communication or conversation with reasonable
certainty under the circumstances. Any such communication
or conversation may be intercepted, transmitted, recorded, or
disclosed as authorized notwithstanding a change in the time
or location of the communication or conversation after the
(2002 Ed.)
9.73.090
authorization has been obtained or the presence of or
participation in the communication or conversation by any
additional party not named in the authorization.
Authorizations issued under this subsection shall be
effective for not more than fourteen days, after which period
the issuing authority may renew or continue the authorization
for an additional period not to exceed fourteen days. [2000
c 195 § 2; 1989 c 271 § 205; 1986 c 38 § 2; 1977 ex.s. c
363 § 3; 1970 ex.s. c 48 § 1.]
Intent—2000 c 195: "The legislature intends, by the enactment of
this act, to provide a very limited exception to the restrictions on disclosure
of intercepted communications." [2000 c 195 § 1.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1970 ex.s. c 48: "If a court of competent jurisdiction
shall adjudge to be invalid or unconstitutional any clause, sentence,
paragraph, section or part of this act, such judgment or decree shall not
affect, impair, invalidate or nullify the remainder of this act, but the effect
thereof shall be confined to the clause, sentence, paragraph, section or part
of this chapter so adjudged to be invalid or unconstitutional." [1970 ex.s.
c 48 § 3.]
9.73.095 Intercepting, recording, or divulging
inmate conversations—Conditions—Notice. (1) RCW
9.73.030 through 9.73.080 and 9.73.260 shall not apply to
employees of the department of corrections in the following
instances: Intercepting, recording, or divulging any telephone calls from an inmate or resident of a state correctional
facility; or intercepting, recording, or divulging any monitored nontelephonic conversations in inmate living units,
cells, rooms, dormitories, and common spaces where inmates
may be present. For the purposes of this section, "state
correctional facility" means a facility that is under the
control and authority of the department of corrections, and
used for the incarceration, treatment, or rehabilitation of
convicted felons.
(2) All personal calls made by inmates shall be collect
calls only. The calls will be "operator announcement" type
calls. The operator shall notify the receiver of the call that
the call is coming from a prison inmate, and that it will be
recorded and may be monitored.
(3) The department of corrections shall adhere to the
following procedures and restrictions when intercepting,
recording, or divulging any telephone calls from an inmate
or resident of a state correctional facility as provided for by
this section. The department shall also adhere to the
following procedures and restrictions when intercepting,
recording, or divulging any monitored nontelephonic conversations in inmate living units, cells, rooms, dormitories, and
common spaces where inmates may be present:
(a) Unless otherwise provided for in this section, after
intercepting or recording any conversation, only the superintendent and his or her designee shall have access to that
recording.
(b) The contents of any intercepted and recorded
conversation shall be divulged only as is necessary to
safeguard the orderly operation of the correctional facility,
in response to a court order, or in the prosecution or investigation of any crime.
(c) All conversations that are recorded under this
section, unless being used in the ongoing investigation or
prosecution of a crime, or as is necessary to assure the
orderly operation of the correctional facility, shall be
destroyed one year after the intercepting and recording.
[Title 9 RCW—page 77]
9.73.095
Title 9 RCW: Crimes and Punishments
(4) So as to safeguard the sanctity of the attorney-client
privilege, the department of corrections shall not intercept,
record, or divulge any conversation between an inmate or
resident and an attorney. The department shall develop
policies and procedures to implement this section. The
department’s policies and procedures implemented under this
section shall also recognize the privileged nature of confessions made by an offender to a member of the clergy or a
priest in his or her professional character, in the course of
discipline enjoined by the church to which he or she belongs
as provided in RCW 5.60.060(3).
(5) The department shall notify in writing all inmates,
residents, and personnel of state correctional facilities that
their nontelephonic conversations may be intercepted,
recorded, or divulged in accordance with the provisions of
this section.
(6) The department shall notify all visitors to state
correctional facilities who may enter inmate living units,
cells, rooms, dormitories, or common spaces where inmates
may be present, that their conversations may intercepted,
recorded, or divulged in accordance with the provisions of
this section. The notice required under this subsection shall
be accomplished through a means no less conspicuous than
a general posting in a location likely to be seen by visitors
entering the facility. [1998 c 217 § 2; 1996 c 197 § 1; 1989
c 271 § 210.]
Effective dates—1996 c 197: "(1) Sections 1 and 3 of this act shall
take effect August 1, 1996.
(2) Section 2 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [March 28,
1996]." [1996 c 197 § 4.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Local government reimbursement claims: RCW 4.92.280.
9.73.100 Recordings available to defense counsel.
Video and/or sound recordings obtained by police personnel
under the authority of RCW 9.73.090 and 9.73.100 shall be
made available for hearing and/or viewing by defense
counsel at the request of defense counsel whenever a
criminal charge has been filed against the subject of the
video and/or sound recordings. [1970 ex.s. c 48 § 2.]
Severability—1970 ex.s. c 48: See note following RCW 9.73.090.
9.73.110 Intercepting, recording, or disclosing
private communications—Not unlawful for building
owner—Conditions. It shall not be unlawful for the owner
or person entitled to use and possession of a building, as
defined in RCW 9A.04.110(5), or the agent of such person,
to intercept, record, or disclose communications or conversations which occur within such building if the persons engaged in such communication or conversation are engaged
in a criminal act at the time of such communication or
conversation by virtue of unlawful entry or remaining
unlawfully in such building. [1977 ex.s. c 363 § 4.]
9.73.120 Reports—Required, when, contents. (1)
Within thirty days after the expiration of an authorization or
an extension or renewal thereof issued pursuant to RCW
9.73.090(2) as now or hereafter amended, the issuing or
denying judge shall make a report to the administrator for
the courts stating that:
[Title 9 RCW—page 78]
(a) An authorization, extension or renewal was applied
for;
(b) The kind of authorization applied for;
(c) The authorization was granted as applied for, was
modified, or was denied;
(d) The period of recording authorized by the authorization and the number and duration of any extensions or
renewals of the authorization;
(e) The offense specified in the authorization or extension or renewal of authorization;
(f) The identity of the person authorizing the application
and of the investigative or law enforcement officer and
agency for whom it was made;
(g) Whether an arrest resulted from the communication
which was the subject of the authorization; and
(h) The character of the facilities from which or the
place where the communications were to be recorded.
(2) In addition to reports required to be made by
applicants pursuant to federal law, all judges of the superior
court authorized to issue authority pursuant to this chapter
shall make annual reports on the operation of this chapter to
the administrator for the courts. The reports made under this
subsection must include information on authorizations for the
installation and use of pen registers and trap and trace
devices under RCW 9.73.260. The reports by the judges
shall contain (a) the number of applications made; (b) the
number of authorizations issued; (c) the respective periods of
such authorizations; (d) the number and duration of any
renewals thereof; (e) the crimes in connection with which the
communications or conversations were sought; (f) the names
of the applicants; and (g) such other and further particulars
as the administrator for the courts may require, except that
the administrator for the courts shall not require the reporting
of information that might lead to the disclosure of the identity of a confidential informant.
The chief justice of the supreme court shall annually
report to the governor and the legislature on such aspects of
the operation of this chapter as appropriate including any
recommendations as to legislative changes or improvements
to effectuate the purposes of this chapter and to assure and
protect individual rights. [1998 c 217 § 3; 1989 c 271 §
207; 1977 ex.s. c 363 § 5.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Local government reimbursement claims: RCW 4.92.280.
9.73.130 Recording private communications—
Authorization—Application for, contents. Each application for an authorization to record communications or
conversations pursuant to RCW 9.73.090 as now or hereafter
amended shall be made in writing upon oath or affirmation
and shall state:
(1) The authority of the applicant to make such application;
(2) The identity and qualifications of the investigative
or law enforcement officers or agency for whom the authority to record a communication or conversation is sought and
the identity of whoever authorized the application;
(3) A particular statement of the facts relied upon by the
applicant to justify his belief that an authorization should be
issued, including:
(2002 Ed.)
Privacy, Violating Right of
(a) The identity of the particular person, if known,
committing the offense and whose communications or
conversations are to be recorded;
(b) The details as to the particular offense that has been,
is being, or is about to be committed;
(c) The particular type of communication or conversation to be recorded and a showing that there is probable
cause to believe such communication will be communicated
on the wire communication facility involved or at the
particular place where the oral communication is to be
recorded;
(d) The character and location of the particular wire
communication facilities involved or the particular place
where the oral communication is to be recorded;
(e) A statement of the period of time for which the
recording is required to be maintained, if the character of the
investigation is such that the authorization for recording
should not automatically terminate when the described type
of communication or conversation has been first obtained, a
particular statement of facts establishing probable cause to
believe that additional communications of the same type will
occur thereafter;
(f) A particular statement of facts showing that other
normal investigative procedures with respect to the offense
have been tried and have failed or reasonably appear to be
unlikely to succeed if tried or to be too dangerous to
employ;
(4) Where the application is for the renewal or extension
of an authorization, a particular statement of facts showing
the results thus far obtained from the recording, or a reasonable explanation of the failure to obtain such results;
(5) A complete statement of the facts concerning all
previous applications, known to the individual authorizing
and to the individual making the application, made to any
court for authorization to record a wire or oral communication involving any of the same facilities or places specified
in the application or involving any person whose communication is to be intercepted, and the action taken by the court
on each application; and
(6) Such additional testimony or documentary evidence
in support of the application as the judge may require.
[1977 ex.s. c 363 § 6.]
9.73.140 Recording private communications—
Authorization of or application for—Inventory, contents,
service—Availability of recording, applications, and orders. Within a reasonable time but not later than thirty days
after the termination of the period of the authorization or of
extensions or renewals thereof, or the date of the denial of
an authorization applied for under RCW 9.73.090 as now or
hereafter amended, the issuing authority shall cause to be
served on the person named in the authorization or application for an authorization, and such other parties to the
recorded communications as the judge may in his discretion
determine to be in the interest of justice, an inventory which
shall include:
(1) Notice of the entry of the authorization or the
application for an authorization which has been denied under
RCW 9.73.090 as now or hereafter amended;
(2002 Ed.)
9.73.130
(2) The date of the entry of the authorization or the
denial of an authorization applied for under RCW 9.73.090
as now or hereafter amended;
(3) The period of authorized or disapproved recording;
and
(4) The fact that during the period wire or oral communications were or were not recorded.
The issuing authority, upon the filing of a motion, may
in its discretion make available to such person or his
attorney for inspection such portions of the recorded communications, applications and orders as the court determines to
be in the interest of justice. On an ex parte showing of good
cause to the court the serving of the inventory required by
this section may be postponed or dispensed with. [1977
ex.s. c 363 § 7.]
9.73.200 Intercepting, transmitting, or recording
conversations concerning controlled substances—
Findings. The legislature finds that the unlawful manufacturing, selling, and distributing of controlled substances is
becoming increasingly prevalent and violent. Attempts by
law enforcement officers to prevent the manufacture, sale,
and distribution of drugs is resulting in numerous life-threatening situations since drug dealers are using sophisticated
weapons and modern technological devices to deter the
efforts of law enforcement officials to enforce the controlled
substance statutes. Dealers of unlawful drugs are employing
a wide variety of violent methods to realize the enormous
profits of the drug trade.
Therefore, the legislature finds that conversations
regarding illegal drug operations should be intercepted,
transmitted, and recorded in certain circumstances without
prior judicial approval in order to protect the life and safety
of law enforcement personnel and to enhance prosecution of
drug offenses, and that that interception and transmission can
be done without violating the constitutional guarantees of
privacy. [1989 c 271 § 201.]
Severability—1989 c 271: See note following RCW 9.94A.510.
9.73.210 Intercepting, transmitting, or recording
conversations concerning controlled substances—
Authorization—Monthly report—Admissibility—
Destruction of information. (1) If a police commander or
officer above the rank of first line supervisor has reasonable
suspicion that the safety of the consenting party is in danger,
law enforcement personnel may, for the sole purpose of
protecting the safety of the consenting party, intercept,
transmit, or record a private conversation or communication
concerning the unlawful manufacture, delivery, sale, or
possession with intent to manufacture, deliver, or sell,
controlled substances as defined in chapter 69.50 RCW, or
legend drugs as defined in chapter 69.41 RCW, or imitation
controlled substances as defined in chapter 69.52 RCW.
(2) Before any interception, transmission, or recording
of a private conversation or communication pursuant to this
section, the police commander or officer making the determination required by subsection (1) of this section shall
complete a written authorization which shall include (a) the
date and time the authorization is given; (b) the persons,
including the consenting party, expected to participate in the
conversation or communication, to the extent known; (c) the
[Title 9 RCW—page 79]
9.73.210
Title 9 RCW: Crimes and Punishments
expected date, location, and approximate time of the conversation or communication; and (d) the reasons for believing
the consenting party’s safety will be in danger.
(3) A monthly report shall be filed by the law enforcement agency with the administrator for the courts indicating
the number of authorizations made under this section, the
date and time of each authorization, and whether an interception, transmission, or recording was made with respect
to each authorization.
(4) Any information obtained pursuant to this section is
inadmissible in any civil or criminal case in all courts of
general or limited jurisdiction in this state, except:
(a) With the permission of the person whose communication or conversation was intercepted, transmitted, or
recorded without his or her knowledge;
(b) In a civil action for personal injury or wrongful
death arising out of the same incident, where the cause of
action is based upon an act of physical violence against the
consenting party; or
(c) In a criminal prosecution, arising out of the same
incident for a serious violent offense as defined in RCW
9.94A.030 in which a party who consented to the interception, transmission, or recording was a victim of the
offense.
(5) Nothing in this section bars the admission of
testimony of a participant in the communication or conversation unaided by information obtained pursuant to this section.
(6) The authorizing agency shall immediately destroy
any written, transcribed, or recorded information obtained
from an interception, transmission, or recording authorized
under this section unless the agency determines there has
been a personal injury or death or a serious violent offense
which may give rise to a civil action or criminal prosecution
in which the information may be admissible under subsection
(4)(b) or (c) of this section.
(7) Nothing in this section authorizes the interception,
recording, or transmission of a telephonic communication or
conversation. [1989 c 271 § 202.]
Severability—1989 c 271: See note following RCW 9.94A.510.
9.73.220 Judicial authorizations—Availability of
judge required. In each superior court judicial district in a
county with a population of two hundred ten thousand or
more there shall be available twenty-four hours a day at least
one superior court or district court judge or magistrate
designated to receive telephonic requests for authorizations
that may be issued pursuant to this chapter. The presiding
judge of each such superior court in conjunction with the
district court judges in that superior court judicial district
shall establish a coordinated schedule of rotation for all of
the superior and district court judges and magistrates in the
superior court judicial district for purposes of ensuring the
availability of at least one judge or magistrate at all times.
During the period that each judge or magistrate is designated, he or she shall be equipped with an electronic paging
device when not present at his or her usual telephone. It
shall be the designated judge’s or magistrate’s responsibility
to ensure that all attempts to reach him or her for purposes
of requesting authorization pursuant to this chapter are
forwarded to the electronic page number when the judge or
[Title 9 RCW—page 80]
magistrate leaves the place where he or she would normally
receive such calls. [1991 c 363 § 9; 1989 c 271 § 203.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 271: See note following RCW 9.94A.510.
9.73.230 Intercepting, transmitting, or recording
conversations concerning controlled substances—
Conditions—Written reports required—Judicial review—
Notice—Admissibility—Penalties. (1) As part of a bona
fide criminal investigation, the chief law enforcement officer
of a law enforcement agency or his or her designee above
the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officers under the following circumstances:
(a) At least one party to the conversation or communication has consented to the interception, transmission, or
recording;
(b) Probable cause exists to believe that the conversation
or communication involves the unlawful manufacture,
delivery, sale, or possession with intent to manufacture,
deliver, or sell, controlled substances as defined in chapter
69.50 RCW, or legend drugs as defined in chapter 69.41
RCW, or imitation controlled substances as defined in
chapter 69.52 RCW; and
(c) A written report has been completed as required by
subsection (2) of this section.
(2) The agency’s chief officer or designee authorizing
an interception, transmission, or recording under subsection
(1) of this section, shall prepare and sign a written report at
the time of authorization indicating:
(a) The circumstances that meet the requirements of
subsection (1) of this section;
(b) The names of the authorizing and consenting parties,
except that in those cases where the consenting party is a
confidential informant, the name of the confidential informant need not be divulged;
(c) The names of the officers authorized to intercept,
transmit, and record the conversation or communication;
(d) The identity of the particular person or persons, if
known, who may have committed or may commit the
offense;
(e) The details of the particular offense or offenses that
may have been or may be committed and the expected date,
location, and approximate time of the conversation or
communication; and
(f) Whether there was an attempt to obtain authorization
pursuant to RCW 9.73.090(2) and, if there was such an
attempt, the outcome of the attempt.
(3) An authorization under this section is valid in all
jurisdictions within Washington state and for the interception
of communications from additional persons if the persons are
brought into the conversation or transaction by the nonconsenting party or if the nonconsenting party or such additional
persons cause or invite the consenting party to enter another
jurisdiction.
(4) The recording of any conversation or communication
under this section shall be done in such a manner that
protects the recording from editing or other alterations.
(5) An authorization made under this section is valid for
no more than twenty-four hours from the time it is signed by
(2002 Ed.)
Privacy, Violating Right of
the authorizing officer, and each authorization shall independently meet all of the requirements of this section. The
authorizing officer shall sign the written report required
under subsection (2) of this section, certifying the exact date
and time of his or her signature. An authorization under this
section may be extended not more than twice for an additional consecutive twenty-four hour period based upon the
same probable cause regarding the same suspected transaction. Each such extension shall be signed by the authorizing
officer.
(6) Within fifteen days after the signing of an authorization that results in any interception, transmission, or recording of a conversation or communication pursuant to this
section, the law enforcement agency which made the
interception, transmission, or recording shall submit a report
including the original authorization under subsection (2) of
this section to a judge of a court having jurisdiction which
report shall identify (a) the persons, including the consenting
party, who participated in the conversation, and (b) the date,
location, and approximate time of the conversation.
In those cases where the consenting party is a confidential informant, the name of the confidential informant need
not be divulged.
A monthly report shall be filed by the law enforcement
agency with the administrator for the courts indicating the
number of authorizations granted, the date and time of each
authorization, interceptions made, arrests resulting from an
interception, and subsequent invalidations.
(7)(a) Within two judicial days of receipt of a report
under subsection (6) of this section, the court shall make an
ex parte review of the authorization, but not of the evidence,
and shall make a determination whether the requirements of
subsection (1) of this section were met. If the court determines that any of the requirements of subsection (1) of this
section were not met, the court shall order that any recording
and any copies or transcriptions of the conversation or
communication be destroyed. Destruction of recordings,
copies, or transcriptions shall be stayed pending any appeal
of a finding that the requirements of subsection (1) of this
section were not met.
(b) Absent a continuation under (c) of this subsection,
six months following a determination under (a) of this
subsection that probable cause did not exist, the court shall
cause a notice to be mailed to the last known address of any
nonconsenting party to the conversation or communication
that was the subject of the authorization. The notice shall
indicate the date, time, and place of any interception,
transmission, or recording made pursuant to the authorization. The notice shall also identify the agency that sought
the authorization and shall indicate that a review under (a)
of this subsection resulted in a determination that the
authorization was made in violation of this section.
(c) An authorizing agency may obtain six-month
extensions to the notice requirement of (b) of this subsection
in cases of active, ongoing criminal investigations that might
be jeopardized by sending the notice.
(8) In any subsequent judicial proceeding, evidence
obtained through the interception or recording of a conversation or communication pursuant to this section shall be
admissible only if:
(a) The court finds that the requirements of subsection
(1) of this section were met and the evidence is used in
(2002 Ed.)
9.73.230
prosecuting an offense listed in subsection (1)(b) of this
section; or
(b) The evidence is admitted with the permission of the
person whose communication or conversation was intercepted, transmitted, or recorded; or
(c) The evidence is admitted in a prosecution for a
"serious violent offense" as defined in RCW 9.94A.030 in
which a party who consented to the interception, transmission, or recording was a victim of the offense; or
(d) The evidence is admitted in a civil suit for personal
injury or wrongful death arising out of the same incident, in
which a party who consented to the interception, transmission, or recording was a victim of a serious violent offense
as defined in RCW 9.94A.030.
Nothing in this subsection bars the admission of
testimony of a party or eyewitness to the intercepted,
transmitted, or recorded conversation or communication
when that testimony is unaided by information obtained
solely by violation of RCW 9.73.030.
(9) Any determination of invalidity of an authorization
under this section shall be reported by the court to the office
of the administrator for the courts.
(10) Any person who intentionally intercepts, transmits,
or records or who intentionally authorizes the interception,
transmission, or recording of a conversation or communication in violation of this section, is guilty of a class C felony
punishable according to chapter 9A.20 RCW.
(11) An authorizing agency is liable for twenty-five
thousand dollars in exemplary damages, in addition to any
other damages authorized by this chapter or by other law, to
a person whose conversation or communication was intercepted, transmitted, or recorded pursuant to an authorization
under this section if:
(a) In a review under subsection (7) of this section, or
in a suppression of evidence proceeding, it has been determined that the authorization was made without the probable
cause required by subsection (1)(b) of this section; and
(b) The authorization was also made without a reasonable suspicion that the conversation or communication would
involve the unlawful acts identified in subsection (1)(b) of
this section. [1989 c 271 § 204.]
Severability—1989 c 271: See note following RCW 9.94A.510.
9.73.240 Intercepting, transmitting, or recording
conversations concerning controlled substances—
Concurrent power of attorney general to investigate and
prosecute. (1) The attorney general shall have concurrent
authority and power with the prosecuting attorneys to
investigate violations of RCW 9.73.200 through 9.73.230 or
RCW 9.73.090 and initiate and conduct prosecutions of any
violations upon request of any of the following:
(a) The person who was the nonconsenting party to the
intercepted, transmitted, or recorded conversation or communication; or
(b) The county prosecuting attorney of the jurisdiction
in which the offense has occurred.
(2) The request shall be communicated in writing to the
attorney general. [1989 c 271 § 206.]
Severability—1989 c 271: See note following RCW 9.94A.510.
[Title 9 RCW—page 81]
9.73.260
Title 9 RCW: Crimes and Punishments
9.73.260 Pen registers, trap and trace devices. (1)
As used in this section:
(a) "Wire communication" means any aural transfer
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or
other like connection between the point of origin and the
point of reception, including the use of such connection in a
switching station, furnished or operated by any person
engaged in providing or operating such facilities for the
transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such
communication.
(b) "Electronic communication" means any transfer of
signs, signals, writing, images, sounds, data, or intelligence
of any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectronic, or photo-optical
system, but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only
paging device; or
(iii) Any communication from a tracking device.
(c) "Electronic communication service" means any
service that provides to users thereof the ability to send or
receive wire or electronic communications.
(d) "Pen register" means a device that records or
decodes electronic or other impulses that identify the
numbers dialed or otherwise transmitted on the telephone
line to which such device is attached, but such term does not
include any device used by a provider or customer of a wire
or electronic communication service for billing, or recording
as an incident to billing, for communications services
provided by such provider or any device used by a provider
or customer of a wire communication service for cost
accounting or other like purposes in the ordinary course of
its business.
(e) "Trap and trace device" means a device that captures
the incoming electronic or other impulses that identify the
originating number of an instrument or device from which a
wire or electronic communication was transmitted.
(2) No person may install or use a pen register or trap
and trace device without a prior court order issued under this
section except as provided under subsection (6) of this
section or RCW 9.73.070.
(3) A law enforcement officer may apply for and the
superior court may issue orders and extensions of orders
authorizing the installation and use of pen registers and trap
and trace devices as provided in this section. The application shall be under oath and shall include the identity of the
officer making the application and the identity of the law
enforcement agency conducting the investigation. The
applicant must certify that the information likely to be
obtained is relevant to an ongoing criminal investigation
being conducted by that agency.
(4) If the court finds that the information likely to be
obtained by such installation and use is relevant to an
ongoing criminal investigation and finds that there is
probable cause to believe that the pen register or trap and
trace device will lead to obtaining evidence of a crime,
contraband, fruits of crime, things criminally possessed,
weapons, or other things by means of which a crime has
been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is
[Title 9 RCW—page 82]
unlawfully restrained or reasonably believed to be a witness
in a criminal investigation or for whose arrest there is
probable cause, the court shall enter an ex parte order
authorizing the installation and use of a pen register or a trap
and trace device. The order shall specify:
(a) The identity, if known, of the person to whom is
leased or in whose name is listed the telephone line to which
the pen register or trap and trace device is to be attached;
(b) The identity, if known, of the person who is the
subject of the criminal investigation;
(c) The number and, if known, physical location of the
telephone line to which the pen register or trap and trace
device is to be attached and, in the case of a trap and trace
device, the geographic limits of the trap and trace order; and
(d) A statement of the offense to which the information
likely to be obtained by the pen register or trap and trace
device relates.
The order shall direct, if the applicant has requested, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register
or trap and trace device. An order issued under this section
shall authorize the installation and use of a pen register or a
trap and trace device for a period not to exceed sixty days.
An extension of the original order may only be granted
upon: A new application for an order under subsection (3)
of this section; and a showing that there is a probability that
the information or items sought under this subsection are
more likely to be obtained under the extension than under
the original order. No extension beyond the first extension
shall be granted unless: There is a showing that there is a
high probability that the information or items sought under
this subsection are much more likely to be obtained under
the second or subsequent extension than under the original
order; and there are extraordinary circumstances such as a
direct and immediate danger of death or serious bodily injury
to a law enforcement officer. The period of extension shall
be for a period not to exceed sixty days.
An order authorizing or approving the installation and
use of a pen register or a trap and trace device shall direct
that the order be sealed until otherwise ordered by the court
and that the person owning or leasing the line to which the
pen register or trap and trace device is attached, or who has
been ordered by the court to provide assistance to the
applicant, not disclose the existence of the pen register or
trap and trace device or the existence of the investigation to
the listed subscriber or to any other person, unless or until
otherwise ordered by the court.
(5) Upon the presentation of an order, entered under
subsection (4) of this section, by an officer of a law enforcement agency authorized to install and use a pen register
under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall
furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and
with a minimum of interference with the services that the
person so ordered by the court accords the party with respect
to whom the installation and use is to take place, if such
assistance is directed by a court order as provided in
subsection (4) of this section.
Upon the request of an officer of a law enforcement
agency authorized to receive the results of a trap and trace
(2002 Ed.)
Privacy, Violating Right of
device under this chapter, a provider of a wire or electronic
communication service, landlord, custodian, or other person
shall install such device forthwith on the appropriate line and
shall furnish such law enforcement officer all additional
information, facilities, and technical assistance including
installation and operation of the device unobtrusively and
with a minimum of interference with the services that the
person so ordered by the court accords the party with respect
to whom the installation and use is to take place, if such
installation and assistance is directed by a court order as
provided in subsection (4) of this section. Unless otherwise
ordered by the court, the results of the trap and trace device
shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals
during regular business hours for the duration of the order.
A provider of a wire or electronic communication
service, landlord, custodian, or other person who furnishes
facilities or technical assistance pursuant to this subsection
shall be reasonably compensated by the law enforcement
agency that requests the facilities or assistance for such
reasonable expenses incurred in providing such facilities and
assistance.
No cause of action shall lie in any court against any
provider of a wire or electronic communication service, its
officers, employees, agents, or other specified persons for
providing information, facilities, or assistance in accordance
with the terms of a court order under this section. A good
faith reliance on a court order under this section, a request
pursuant to this section, a legislative authorization, or a
statutory authorization is a complete defense against any
civil or criminal action brought under this chapter or any
other law.
(6)(a) Notwithstanding any other provision of this
chapter, a law enforcement officer and a prosecuting attorney
or deputy prosecuting attorney who jointly and reasonably
determine that there is probable cause to believe that an
emergency situation exists that involves immediate danger of
death or serious bodily injury to any person that requires the
installation and use of a pen register or a trap and trace
device before an order authorizing such installation and use
can, with due diligence, be obtained, and there are grounds
upon which an order could be entered under this chapter to
authorize such installation and use, may have installed and
use a pen register or trap and trace device if, within fortyeight hours after the installation has occurred, or begins to
occur, an order approving the installation or use is issued in
accordance with subsection (4) of this section. In the
absence of an authorizing order, such use shall immediately
terminate when the information sought is obtained, when the
application for the order is denied or when forty-eight hours
have lapsed since the installation of the pen register or trap
and trace device, whichever is earlier. If an order approving
the installation or use is not obtained within forty-eight
hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or
use by any law enforcement officer of a pen register or trap
and trace device pursuant to this subsection without application for the authorizing order within forty-eight hours of the
installation shall constitute a violation of this chapter and be
punishable as a gross misdemeanor. A provider of a wire or
electronic service, landlord, custodian, or other person who
furnished facilities or technical assistance pursuant to this
(2002 Ed.)
9.73.260
subsection shall be reasonably compensated by the law
enforcement agency that requests the facilities or assistance
for such reasonable expenses incurred in providing such
facilities and assistance.
(b) A law enforcement agency that authorizes the
installation of a pen register or trap and trace device under
this subsection (6) shall file a monthly report with the
administrator for the courts. The report shall indicate the
number of authorizations made, the date and time of each
authorization, whether a court authorization was sought
within forty-eight hours, and whether a subsequent court
authorization was granted. [1998 c 217 § 1.]
Local government reimbursement claims: RCW 4.92.280.
Chapter 9.81
SUBVERSIVE ACTIVITIES
Sections
9.81.010
9.81.020
9.81.030
9.81.040
9.81.050
Definitions.
Subversive activities made felony—Penalty.
Membership in subversive organization is felony—Penalty.
Disqualification from voting or holding public office.
Dissolution of subversive organizations—Disposition of
property.
9.81.060
Public employment—Subversive person ineligible.
9.81.070
Public employment—Determining eligibility—Inquiries—
Oath.
9.81.080
Public employment—Inquiries may be dispensed with,
when.
9.81.082
Membership in subversive organization described.
9.81.083
Communist party declared a subversive organization.
9.81.090
Public employees—Discharge of subversive persons—
Procedure—Hearing—Appeal.
9.81.100
Public office—Candidate must file affidavit.
9.81.110
Misstatements are punishable as perjury—Penalty.
9.81.120
Constitutional rights—Censorship or infringement.
Anarchy and sabotage: Chapter 9.05 RCW.
Freedom of speech: State Constitution Art. 1 § 5.
Treason: State Constitution Art. 1 § 27; chapter 9.82 RCW.
9.81.010 Definitions. (1) "Organization" means an
organization, corporation, company, partnership, association,
trust, foundation, fund, club, society, committee, political
party, or any group of persons, whether or not incorporated,
permanently or temporarily associated together for joint
action or advancement of views on any subject or subjects.
(2) "Subversive organization" means any organization
which engages in or advocates, abets, advises, or teaches, or
a purpose of which is to engage in or advocate, abet, advise,
or teach activities intended to overthrow, destroy or alter, or
to assist in the overthrow, destruction or alteration of, the
constitutional form of the government of the United States,
or of the state of Washington, or of any political subdivision
of either of them, by revolution, force or violence.
(3) "Foreign subversive organization" means any
organization directed, dominated or controlled directly or
indirectly by a foreign government which engages in or
advocates, abets, advises, or teaches, or a purpose of which
is to engage in or to advocate, abet, advise, or teach,
activities intended to overthrow, destroy or alter, or to assist
in the overthrow, destruction or alteration of the constitutional form of the government of the United States, or of the
state of Washington, or of any political subdivision of either
of them, and to establish in place thereof any form of
[Title 9 RCW—page 83]
9.81.010
Title 9 RCW: Crimes and Punishments
government the direction and control of which is to be
vested in, or exercised by or under, the domination or
control of any foreign government, organization, or individual.
(4) "Foreign government" means the government of any
country or nation other than the government of the United
States of America or of one of the states thereof.
(5) "Subversive person" means any person who commits, attempts to commit, or aids in the commission, or
advocates, abets, advises or teaches by any means any
person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to
assist in the overthrow, destruction or alteration of, the
constitutional form of the government of the United States,
or of the state of Washington, or any political subdivision of
either of them by revolution, force, or violence; or who with
knowledge that the organization is an organization as
described in subsections (2) and (3) hereof, becomes or
remains a member of a subversive organization or a foreign
subversive organization. [1953 c 142 § 1; 1951 c 254 § 1.]
Short title—1951 c 254: "This act may be cited as the Subversive
Activities Act." [1951 c 254 § 20.]
Severability—1951 c 254: "If any provision, phrase, or clause of this
act or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions, phrases, or clauses or
applications of this act which can be given effect without the invalid
provision, phrase, or clause or application, and to this end the provisions,
phrases and clauses of this act are declared to be severable." [1951 c 254
§ 18.]
9.81.020 Subversive activities made felony—Penalty.
It shall be a felony for any person knowingly and wilfully
to:
(1) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy or alter, or to
assist in the overthrow, destruction or alteration of, the
constitutional form of the government of the United States,
or of the state of Washington or any political subdivision of
either of them, by revolution, force or violence; or
(2) Advocate, abet, advise, or teach by any means any
person to commit, attempt to commit, or assist in the
commission of any such act under such circumstances as to
constitute a clear and present danger to the security of the
United States, or of the state of Washington or of any
political subdivision of either of them; or
(3) Conspire with one or more persons to commit any
such act; or
(4) Assist in the formation or participate in the management or to contribute to the support of any subversive
organization or foreign subversive organization knowing said
organization to be a subversive organization or a foreign
subversive organization; or
(5) Destroy any books, records or files, or secrete any
funds in this state of a subversive organization or a foreign
subversive organization, knowing said organization to be
such.
Any person upon a plea of guilty or upon conviction of
violating any of the provisions of this section shall be fined
not more than ten thousand dollars, or imprisoned for not
more than ten years, or both, at the discretion of the court.
[1951 c 254 § 2.]
[Title 9 RCW—page 84]
9.81.030 Membership in subversive organization is
felony—Penalty. It shall be a felony for any person after
June 1, 1951 to become, or after September 1, 1951 to
remain a member of a subversive organization or a foreign
subversive organization knowing said organization to be a
subversive organization or foreign subversive organization.
Any person upon a plea of guilty or upon conviction of
violating any of the provisions of this section shall be fined
not more than five thousand dollars, or imprisoned for not
more than five years, or both, at the discretion of the court.
[1951 c 254 § 3.]
9.81.040 Disqualification from voting or holding
public office. Any person who shall be convicted or shall
plead guilty of violating any of the provisions of RCW
9.81.020 and 9.81.030, in addition to all other penalties
therein provided, shall from the date of such conviction be
barred from
(1) Holding any office, elective or appointive, or any
other position of profit or trust in, or employment by the
government of the state of Washington or of any agency
thereof or of any county, municipal corporation or other
political subdivision of said state;
(2) Filing or standing for election to any public office
in the state of Washington; or
(3) Voting in any election held in this state. [1951 c
254 § 4.]
9.81.050 Dissolution of subversive organizations—
Disposition of property. It shall be unlawful for any
subversive organization or foreign subversive organization to
exist or function in the state of Washington and any organization which by a court of competent jurisdiction is found to
have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing
under the laws of the state of Washington a finding by a
court of competent jurisdiction that it has violated the
provisions of this section shall constitute legal cause for
forfeiture of its charter and its charter shall be forfeited and
all funds, books, records and files of every kind and all other
property of any organization found to have violated the
provisions of this section shall be seized by and for the state
of Washington, the funds to be deposited in the state treasury
and the books, records, files and other property to be turned
over to the attorney general of Washington. [1951 c 254 §
5.]
9.81.060 Public employment—Subversive person
ineligible. No subversive person, as defined in this chapter,
shall be eligible for employment in, or appointment to any
office, or any position of trust or profit in the government,
or in the administration of the business, of this state, or of
any county, municipality, or other political subdivision of
this state. [1951 c 254 § 11.]
9.81.070 Public employment—Determining eligibility—Inquiries—Oath. Every person and every board,
commission, council, department, court or other agency of
the state of Washington or any political subdivision thereof,
who or which appoints or employs or supervises in any
manner the appointment or employment of public officials or
(2002 Ed.)
Subversive Activities
employees shall establish by rules, regulations or otherwise,
procedures designed to ascertain whether any person is a
subversive person. In securing any facts necessary to
ascertain the information herein required, the applicant shall
be required to sign a written statement containing answers to
such inquiries as may be material, which statement shall
contain notice that it is subject to the penalties of perjury.
Every such person, board, commission, council, department,
court, or other agency shall require every employee or
applicant for employment to state under oath whether or not
he or she is a member of the Communist party or other
subversive organization, and refusal to answer on any
grounds shall be cause for immediate termination of such
employee’s employment or for refusal to accept his or her
application for employment. [1955 c 377 § 1; 1951 c 254
§ 12.]
Application forms, licenses—Mention of race or religion prohibited: RCW
43.01.100.
Discrimination in employment: Chapter 49.60 RCW.
9.81.080 Public employment—Inquiries may be
dispensed with, when. The inquiries prescribed in preceding sections, other than the written statement to be executed
by an applicant for employment and the requirement set
forth in RCW 9.81.070, relative to membership in the
communist party or other subversive organization, shall not
be required as a prerequisite to the employment of any
persons in any case in which the employing authority may
determine, and by rule or regulation specify the reasons why,
the nature of the work to be performed is such that employment of such persons will not be dangerous to the health of
the citizens or the security of the governments of the United
States, the state of Washington, or any political subdivision
thereof. [1955 c 377 § 2; 1951 c 254 § 13.]
9.81.082 Membership in subversive organization
described. For the purpose of *this act, membership in a
subversive organization shall be membership in any organization after it has been placed on the list of organizations
designated by the attorney general of the United States as
being subversive pursuant to executive order No. 9835.
[1955 c 377 § 3.]
*Reviser’s note: The term "this act" as used in RCW 9.81.082
appeared in 1955 c 377 § 3 which did not contain any language incorporating it as part of 1951 c 254 nor as part of chapter 9.81 RCW.
9.81.083 Communist party declared a subversive
organization. The Communist party is a subversive
organization within the purview of chapter 9.81 RCW and
membership in the Communist party is a subversive activity
thereunder. [1955 c 377 § 4.]
9.81.090 Public employees—Discharge of subversive
persons—Procedure—Hearing—Appeal. Reasonable
grounds on all the evidence to believe that any person is a
subversive person, as defined in this chapter, shall be cause
for discharge from any appointive office or other position of
profit or trust in the government of or in the administration
of the business of this state, or of any county, municipality
or other political subdivision of this state, or any agency
thereof. The attorney general and the personnel director, and
(2002 Ed.)
9.81.070
the civil service commission of any county, city or other
political subdivision of this state, shall, by appropriate rules
or regulations, prescribe that persons charged with being
subversive persons, as defined in this chapter, shall have the
right of reasonable notice, date, time and place of hearing,
opportunity to be heard by himself and witnesses on his behalf, to be represented by counsel, to be confronted by
witnesses against him, the right to cross-examination, and
such other rights which are in accordance with the procedures prescribed by law for the discharge of such person for
other reasons. Every person and every board, commission,
council, department, or other agency of the state of Washington or any political subdivision thereof having responsibility
for the appointment, employment or supervision of public
employees not covered by the classified service in this
section referred to, shall establish rules or procedures similar
to those required herein for classified services for a hearing
for any person charged with being a subversive person, as
defined in this chapter, after notice and opportunity to be
heard. Every employing authority discharging any person
pursuant to any provision of this chapter, shall promptly
report to the special assistant attorney general in charge of
subversive activities the fact of and the circumstances
surrounding such discharge. Any person discharged under
the provisions of this chapter shall have the right within
thirty days thereafter to appeal to the superior court of the
county wherein said person may reside or wherein he may
have been employed for determination by said court as to
whether or not the discharge appealed from was justified
under the provisions of this chapter. The court shall
regularly hear and determine such appeals and the decision
of the superior court may be appealed to the supreme court
or the court of appeals of the state of Washington as in civil
cases. Any person appealing to the superior court may be
entitled to trial by jury if he or she so elects. [1971 c 81 §
44; 1951 c 254 § 15.]
9.81.100 Public office—Candidate must file affidavit. No person shall become a candidate for election under
the laws of the state of Washington to any public office
whatsoever in this state, unless he or she shall file an
affidavit that he or she is not a subversive person as defined
in this chapter. No declaration of candidacy shall be
received for filing by any election official of any county or
subdivision in the state of Washington or by the secretary of
state of the state of Washington unless accompanied by the
affidavit aforesaid, and there shall not be entered upon any
ballot or voting machine at any election the name of any
person who has failed or refused to make the affidavit as set
forth herein. [1951 c 254 § 16.]
9.81.110 Misstatements are punishable as perjury—
Penalty. Every written statement made pursuant to this
chapter by an applicant for appointment or employment, or
by any employee, shall be deemed to have been made under
oath if it contains a declaration preceding the signature of
the maker to the effect that it is made under the penalties of
perjury. Any person who wilfully makes a material misstatement of fact (1) in any such written statement, or (2) in
any affidavit made pursuant to the provisions of this chapter,
or (3) under oath in any hearing conducted by any agency of
[Title 9 RCW—page 85]
9.81.110
Title 9 RCW: Crimes and Punishments
the state, or of any of its political subdivisions pursuant to
this chapter, or (4) in any written statement by an applicant
for appointment or employment or by an employee in any
state aid or private institution of learning in this state,
intended to determine whether or not such applicant or
employee is a subversive person as defined in this chapter,
which statement contains notice that it is subject to the
penalties of perjury, shall be subject to the penalties of
perjury, as prescribed in chapter 9.41 RCW. [1951 c 254 §
17.]
9.81.120 Constitutional rights—Censorship or
infringement. Nothing in this chapter shall be construed to
authorize, require or establish any military or civilian
censorship or in any way to limit or infringe upon freedom
of the press or freedom of speech or assembly within the
meaning and the manner as guaranteed by the Constitution
of the United States or of the state of Washington and no
regulation shall be promulgated hereunder having that effect.
[1951 c 254 § 19.]
Chapter 9.82
TREASON
Sections
9.82.010
Defined—Penalty.
9.82.020
Levying war.
9.82.030
Misprision of treason.
Anarchy and sabotage: Chapter 9.05 RCW.
Subversive activities: Chapter 9.81 RCW.
9.82.010 Defined—Penalty. Treason against the
people of the state consists in—
(1) Levying war against the people of the state, or
(2) Adhering to its enemies, or
(3) Giving them aid and comfort.
Treason is punishable by death.
No person shall be convicted for treason unless upon the
testimony of two witnesses to the same overt act or by
confession in open court. [1909 c 249 § 65; RRS § 2317.]
Treason defined and evidence required: State Constitution Art. 1 § 27.
9.82.020 Levying war. To constitute levying war
against the state an actual act of war must be committed. To
conspire to levy war is not enough. When persons arise in
insurrection with intent to prevent, in general, by force and
intimidation, the execution of a statute of this state, or to
force its repeal, they shall be guilty of levying war. But an
endeavor, although by numbers and force of arms, to resist
the execution of a law in a single instance, and for a private
purpose, is not levying war. [1909 c 249 § 66; RRS §
2318.]
9.82.030 Misprision of treason. Every person having
knowledge of the commission of treason, who conceals the
same, and does not, as soon as may be, disclose such treason
to the governor or a justice of the supreme court or a judge
of either the court of appeals or the superior court, shall be
guilty of misprision of treason and punished by a fine of not
more than one thousand dollars, or by imprisonment in a
[Title 9 RCW—page 86]
state correctional facility for not more than five years or in
a county jail for not more than one year. [1992 c 7 § 16;
1971 c 81 § 45; 1909 c 249 § 67; RRS § 2319.]
Chapter 9.86
FLAGS, CRIMES RELATING TO
Sections
9.86.010
"Flag," etc., defined.
9.86.020
Improper use of flag prohibited.
9.86.030
Desecration of flag.
9.86.040
Application of provisions.
9.86.050
Penalty.
Display of flags: RCW 1.20.015.
Flag exercises in schools: RCW 28A.230.140.
State flag: RCW 1.20.010.
9.86.010 "Flag," etc., defined. The words flag,
standard, color, ensign or shield, as used in this chapter,
shall include any flag, standard, color, ensign or shield, or
copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size,
evidently purporting to be such flag, standard, color, ensign
or shield of the United States or of this state, or a copy,
picture or representation thereof. [1919 c 107 § 1; RRS §
2675-1.]
9.86.020 Improper use of flag prohibited. No
person shall, in any manner, for exhibition or display:
(1) Place or cause to be placed any word, figure, mark,
picture, design, drawing or advertisement of any nature upon
any flag, standard, color, ensign or shield of the United
States or of this state, or authorized by any law of the
United States or of this state; or
(2) Expose to public view any such flag, standard, color,
ensign or shield upon which shall have been printed, painted
or otherwise produced, or to which shall have been attached,
appended, affixed or annexed any such word, figure, mark,
picture, design, drawing or advertisement; or
(3) Expose to public view for sale, manufacture, or
otherwise, or to sell, give, or have in possession for sale, for
gift or for use for any purpose, any substance, being an
article of merchandise, or receptacle, or thing for holding or
carrying merchandise, upon or to which shall have been
produced or attached any such flag, standard, color, ensign
or shield, in order to advertise, call attention to, decorate,
mark or distinguish such article or substance. [1919 c 107
§ 2; 1909 c 249 § 423; 1901 c 154 § 1; RRS § 2675-2.]
9.86.030 Desecration of flag. No person shall
knowingly cast contempt upon any flag, standard, color,
ensign or shield, as defined in RCW 9.86.010, by publicly
mutilating, defacing, defiling, burning, or trampling upon
said flag, standard, color, ensign or shield. [1969 ex.s. c 110
§ 1; 1919 c 107 § 3; 1909 c 249 § 423; RRS § 2675-3.]
9.86.040 Application of provisions. This chapter
shall not apply to any act permitted by the statutes of the
United States or of this state, or by the United States army
and navy regulations, nor shall it apply to any printed or
written document or production, stationery, ornament, picture
(2002 Ed.)
Flags, Crimes Relating to
or jewelry whereon shall be depicted said flag, standard,
color, ensign or shield with no design or words thereon and
disconnected with any advertisement. [1919 c 107 § 4; RRS
§ 2675-4.]
9.86.050 Penalty. Any violation of this chapter shall
be a gross misdemeanor. [1919 c 107 § 5; RRS § 2675-5.]
Chapter 9.91
MISCELLANEOUS CRIMES
Sections
9.91.010
9.91.020
Denial of civil rights—Terms defined.
Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.025
Unlawful bus conduct.
9.91.060
Leaving children unattended in parked automobile.
9.91.110
Metal buyers—Records of purchases—Penalty.
9.91.130
Disposal of trash in charity donation receptacle.
9.91.140
Food stamps.
9.91.150
Tree spiking.
9.91.155
Tree spiking—Action for damages.
9.91.160
Personal protection spray devices.
9.91.170
Interfering with dog guide or service animal.
Accountancy practice laws, penalty: RCW 18.04.370.
Aeronautics laws and rules, penalty: RCW 47.68.240.
Agriculture
agricultural enabling act, penalties: RCW 15.66.210.
apple advertising laws and rules, penalty: RCW 15.24.200.
farm labor contractors, violations, penalty: RCW 19.30.150.
fertilizers, minerals, and limes, penalty: RCW 15.54.470.
honey, penalty for violation of law regulating: RCW 69.28.180,
69.28.185.
horticultural plants and certification act, prohibited acts: Chapter 15.13
RCW.
marketing act, penalties: RCW 15.66.210.
peaches, standards of grades and packs, inspections, penalty for violations: RCW 15.17.290.
soft tree fruits, penalty: RCW 15.28.270.
standards of grades and packs, penalties: Chapter 15.17 RCW.
Aircraft and airman licensing violations: RCW 14.16.060.
Airport zoning violations: RCW 14.12.210.
Alcoholic beverages, violations and penalties: Chapter 66.44 RCW.
All-terrain vehicles
additional violations, penalty: RCW 46.09.130.
operating violations, penalty: RCW 46.09.120, 46.09.190.
Amateur radio operators, special motor vehicle license plates, violation of
act: RCW 46.16.350.
Ambulances and drivers, first aid requirements, penalty: RCW 70.54.060,
70.54.065.
Animals: Title 16 RCW.
Antitrust, consumer protection: Chapter 19.86 RCW.
Architects licensing laws, penalty: RCW 18.08.460.
Auctioneering, county licensing laws, penalty: RCW 36.71.070.
Ballots (see also Elections)
counterfeiting or unlawful possession, penalty: RCW 29.85.010.
divulging ballot count, penalty: RCW 29.85.225.
tampering with, penalty: RCW 29.85.020.
unlawful printing or distribution of official ballots, penalty: RCW
29.85.040.
Banks and trust companies
advertising legal services, penalty: RCW 30.04.260.
certification of checks, penalty for violation of regulations: RCW
30.16.010.
commission, etc., to officer or employee to procure loan prohibited,
penalty: RCW 30.12.110.
companies, commingling trust property, penalty: RCW 30.04.240.
(2002 Ed.)
9.86.040
examinations, penalty for falsification: RCW 30.04.060.
false entries or statements, penalty: RCW 30.12.090.
general penalties for violation of laws concerning: RCW 30.04.310,
30.12.190.
general penalty for violation of rules and regulations: RCW 30.04.050.
holding companies regulations, penalty: RCW 30.04.230.
loans from trust funds prohibited, penalty: RCW 30.12.120.
preferential transfers in contemplation of insolvency, penalty: RCW
30.44.110.
receiving deposits when insolvent prohibited, penalty: RCW 30.44.120.
records, destroying or secreting, penalty: RCW 30.12.100.
unlawful use of words indicating, penalty: RCW 30.04.020.
Barbering licensing regulations, penalty: RCW 18.16.210.
Baseball
minors, penalty for violations concerning: RCW 67.04.150.
penalties for bribery or fraud concerning: RCW 67.04.010, 67.04.020,
67.04.050.
Beauty culture licensing laws, penalty: RCW 18.16.210.
Bicycles, bicycle paths, operation of vehicles on prohibited: RCW
35.75.020.
Bids on state purchases, interfering with: RCW 43.19.1939.
Birthing centers licensing, penalty for unlicensed operation: RCW
18.46.120.
Blind made products, false advertising: RCW 19.06.030, 19.06.040.
Boarding homes’ licensing act, violations of: Chapter 18.20 RCW.
Bodies (see Human remains)
Boilers or unfired pressure vessels, inspection certificate required, penalty:
RCW 70.79.320.
Bonds issued by state, etc., fraud of engraver, penalty: RCW 39.44.101.
Boxing, wrestling, and martial arts, penalties for violations of provisions
relating to: RCW 67.08.130, 67.08.140, 67.08.150.
Brands and marks on animals, obliteration, etc., penalty: RCW 16.57.120,
16.57.320, 16.57.360.
Building permit, issuance to person not complying with industrial insurance
payroll estimate requirement: RCW 51.12.070.
Buildings, public
doors, safety requirements, penalty: RCW 70.54.070.
earthquake standards for construction, penalty: RCW 70.86.040.
Capitol grounds traffic regulations, penalty for violations: RCW 46.08.170.
Caustic poisons act, penalty for violation: RCW 69.36.060.
Cemeteries
embalmers and funeral director laws, penalty: RCW 18.39.220.
endowment care cemeteries, penalties: RCW 68.40.085, 68.40.090.
establishment in violation of laws regulating, penalty: RCW 68.56.040.
mausoleums and columbariums, penalty for violation of construction laws:
RCW 68.28.060.
property, penalties for violations concerning: RCW 68.24.130, 68.24.140,
68.24.150, 68.24.190, 68.56.010.
record of caskets required when cremation made, penalty: RCW
68.50.250, 68.50.260.
Charitable trusts, penalty for violations: RCW 11.110.140.
Children (see Minors)
Chiropody licensing laws, penalty: RCW 18.22.220.
Chiropractic licensing laws, penalty: RCW 18.25.090.
Cities and towns
budgets in cities over 300,000, penalty for violation of regulations: RCW
35.32A.090.
cities of the first class, powers to prescribe crimes by ordinance: RCW
35.22.280.
cities of the second class, powers to prescribe penalties for violation of
ordinances: RCW 35.23.440.
city fire fighters, city police, civil service provisions, penalty for violations: RCW 41.08.210.
commission form, free services to officers and employees prohibited,
penalty: RCW 35.17.150.
operation of vehicles, etc., on bicycle paths prohibited, penalty: RCW
35.75.020.
pollution of water supply, penalty: RCW 35.88.040.
[Title 9 RCW—page 87]
Chapter 9.91
Title 9 RCW: Crimes and Punishments
towns, power to prescribe penalties for violation of ordinances: RCW
35.27.370.
unclassified cities, powers to prescribe penalties for violation of ordinances: RCW 35.30.010.
Civil defense, enforcement of orders, rules, and regulations, penalty: RCW
38.52.150.
Civil service for sheriff’s office employees, penalty: RCW 41.14.220.
Collection agency and out-of-state collection agency laws, penalty: RCW
19.16.430, 19.16.450.
Colleges
interfering by force or violence with any administrator, faculty member or
student unlawful—Penalty: RCW 28B.10.570, 28B.10.572,
28B.10.573.
intimidating any administrator, faculty member or student by threat of
force or violence unlawful—Penalty: RCW 28B.10.571 through
28B.10.573.
Commercial feed law, crimes against: Chapter 15.53 RCW.
Commercial sprayers and dusters, violations, penalty: Chapter 17.21 RCW.
Commission merchants, violations, penalty: RCW 20.01.460.
Consumer protection, crimes and penalties relating to: Chapter 19.86
RCW.
Control of pet animals infested with diseases communicable to humans,
violation, penalty: RCW 16.70.050.
Controlled atmosphere storage, penalty: RCW 15.30.250.
Controlled substances: Chapter 69.50 RCW.
Conveyances, fraudulent: Chapter 19.40 RCW.
Cosmetology laws, penalty: RCW 18.16.210.
Counties
budget laws, penalty for violation: RCW 36.40.240.
building codes and fire regulations, penalty for violation: RCW
36.43.040.
dog license tax violation, penalty: RCW 36.49.070.
garbage disposal regulations, penalty for violations: RCW 36.58.020.
hawkers and auctioneers, penalty for selling without license: RCW
36.71.060.
officers failing to pay over fees, penalty: RCW 36.18.170.
officers taking illegal fees, penalty: RCW 36.18.160.
parks, playgrounds, or other recreational facilities, violation of rules and
regulations adopted by county commissioners, penalty: RCW
36.68.080.
roads and bridges
construction of approaches, penalty for violation of provisions
concerning: RCW 36.75.150.
general penalty for violation of provisions concerning: RCW
36.75.290.
use of oil or other material restricted, penalty: RCW 36.86.060.
trading stamp licenses, penalty: RCW 19.83.050.
violation of regulations for taking of census for classification of counties:
RCW 36.13.070.
County commissioners, penalty for falsifying or failing to make inventory
statement: RCW 36.32.220.
County sheriff, penalty for misconduct or nonfeasance: RCW 36.28.140.
County treasurer, failure to call for or pay warrants, penalty: RCW
36.29.070.
Credit unions: Chapter 31.12 RCW.
Cruelty to animals, penalties: Chapter 16.52 RCW.
Dental hygienist licensing laws, penalties: RCW 18.29.100.
Dentistry practice laws, penalties: RCW 18.32.390, 18.32.675, 18.32.735,
18.32.745, 18.32.755.
Diking and drainage improvement districts, damaging improvements,
penalty: RCW 85.08.690.
Discrimination, interference with human rights commission, penalty: RCW
49.60.310.
Diseased domestic animals, quarantine, penalty: RCW 16.36.110.
Diseases, dangerous, contagious, or infectious, penalty for violations
concerning control of: RCW 70.05.120, 70.24.080, 70.54.050.
Disposal of dead animals, violations, penalty: RCW 16.68.180.
Dog law: Chapter 16.08 RCW.
[Title 9 RCW—page 88]
Doors of buildings used by public, safety requirements, penalty: RCW
70.54.070.
Drugs: Chapters 69.41, 69.50 RCW.
Earthquake standards for construction for public buildings, penalty: RCW
70.86.040.
Elections
absentee voting law, penalty for violations: RCW 29.36.370.
bribery or coercion of voters, penalty: RCW 29.85.060.
canvassing of votes law, penalty for violations: RCW 29.62.040.
counterfeiting or unlawful possession of ballots, penalty: RCW 29.85.010.
destroying or defacing election supplies and notices, etc., penalty: RCW
29.85.110.
divulging ballot count, penalty: RCW 29.85.225.
exit polling: RCW 29.51.020.
fraud as to certificates of nomination, penalty: RCW 29.85.100.
general penalty for violations: Chapter 29.85 RCW.
influencing voters to vote or not to vote by unlawful means, penalty:
RCW 29.85.070.
initiative and referendum law, penalties for violations: RCW 29.79.440,
29.79.480, 29.79.490.
officer tampering with ballots, penalty: RCW 29.85.020.
printing or distributing official ballots unlawfully, penalty: RCW
29.85.040.
recall petition law, penalties for violations: RCW 29.82.170, 29.82.210,
29.82.220.
registration law violations, penalties: RCW 29.07.400, 29.07.410.
repeating or voting twice, penalties concerning: RCW 29.85.210,
29.85.220.
solicitation of bribe by voter in primary election, penalty: RCW
29.85.090.
tampering with or delaying returns, penalty: RCW 29.85.230.
unqualified voter voting, penalty: RCW 29.85.240.
violations by officers generally, penalty: RCW 29.85.170.
voting machines, penalty for tampering with: RCW 29.85.260.
voting violations, penalty: RCW 29.51.230.
Electrical construction, penalty: RCW 19.29.060.
Electricians and electrical installation laws, schedule of penalties—Appeal:
RCW 19.28.131.
Embalmer and funeral director laws, penalty: RCW 18.39.220.
Endowment care cemeteries, penalties for violations of laws: RCW
68.40.085, 68.40.090.
Engineer and land surveyor laws, penalty: RCW 18.43.120.
Escrow agent, unlicensed: RCW 18.44.171.
Explosives and devices regulated, penalties: Chapter 70.74 RCW.
Facsimile signatures and seals, fraud in use of: RCW 39.62.040.
Family abandonment, penalty: RCW 26.20.030.
Family nonsupport, penalty: RCW 26.20.035.
Farm labor contractors regulations, penalty: RCW 19.30.150.
Filing false or forged instruments, penalty: RCW 40.16.030.
Fire department vehicles and firemen’s private cars lighting and identification, penalty: RCW 46.37.188.
Fire protection districts, burning permits, penalty for violation: RCW
52.12.101, 52.12.105.
Firearms in vehicle, penalty: RCW 77.15.460.
Fires, actions for spreading and kindling: RCW 4.24.040, 4.24.050.
Firewood on state lands, permit required to remove, penalty: RCW
76.20.040.
Fireworks
laws or rules, penalty: RCW 70.77.540.
unlawful acts relating to: Chapter 70.77 RCW.
Fish, shellfish, and wildlife
false or misleading information and reports, penalty: RCW 77.15.270.
trafficking in, prohibited: RCW 77.15.260.
Flood control districts, interest in contracts, penalty: RCW 86.09.286.
Food and beverage workers’ permit required, penalty: RCW 69.06.060.
Food, drugs, and cosmetics, penalties for violations of act: RCW
69.04.040, 69.04.060, 69.04.070.
Food fish and shellfish
(2002 Ed.)
Miscellaneous Crimes
commercial licenses and permits required—Exemption: RCW 77.65.010.
fish guards required on diversion devices, penalties, remedies for failure:
RCW 77.55.040.
fishways required over dams, etc., penalties: RCW 77.55.060.
hatchery or cultural facility to be provided if fishways impractical,
penalty: RCW 77.55.080.
Food locker laws, penalty: RCW 19.32.180.
Forcible entry and detainer, penalty: RCW 59.12.230.
Forest products, false or forged brands, etc., penalties: RCW 76.36.110,
76.36.120.
Forest protection: Chapter 76.04 RCW.
Fraudulent conveyances: Chapter 19.40 RCW.
Gambling, civil action: RCW 4.24.070.
Game and game fish, unlawful acts: Chapter 77.50 RCW.
Gas or stink bombs, etc., prohibited, penalty: RCW 70.74.310.
Girls’ training school (see Maple Lane School)
Grain and terminal warehouses, commodity inspections, laws and regulations, penalties for violations: RCW 22.09.310, 22.09.770, 22.09.890.
Healing professions, rebating: RCW 19.68.010.
Health care services, prohibited acts: Chapter 48.44 RCW.
Highways
closure violations, penalty: RCW 47.48.040.
county or city road funds, illegal use of, penalty: RCW 47.08.110.
limited access facilities, violations concerning, penalty: RCW 47.52.120.
littering with glass, debris, etc., penalty, removal: RCW 46.61.645.
permitting escape of load from vehicle: RCW 46.61.655.
pipe lines, etc., across or on highways, penalties for construction without
franchise or permit: RCW 47.44.060.
removal of native flora, etc., penalty: RCW 47.40.080.
traffic control devices violations: Chapter 47.36 RCW.
traffic signs, etc., penalty for defacing, etc.: RCW 46.61.080.
Highways and toll bridges, general penalty for violations of title: RCW
47.04.090.
Honey
penalty for violation of law regulating: RCW 69.28.180.
prohibited acts: RCW 69.28.080, 69.28.090.
Horse racing, penalty for violations of laws and regulations: RCW
67.16.060.
Hospital licensing required, penalty: RCW 70.41.170.
Hotels
fraud in obtaining accommodations, etc., penalty: RCW 19.48.110.
sanitation and safety requirements, penalty: RCW 70.62.280.
Human remains, penalties for violations concerning: Chapter 68.50 RCW.
Industrial insurance, attorney’s fees: RCW 51.52.120, 51.52.132.
Initiative and referendum laws, penalties: RCW 29.79.440, 29.79.480,
29.79.490.
Insane (see Mentally ill)
Insect pest control rules, violations: RCW 17.24.100.
Insurance code
agents, brokers, solicitors and adjusters, license required, penalty: RCW
48.17.060.
agents, solicitors or brokers, reporting and accounting premiums, penalty:
RCW 48.17.480.
destruction or injury of property to defraud or prejudice the insurer,
penalty: RCW 48.30.220.
domestic insurers
corrupt practices as to votes relative to shareholders meetings, etc.,
penalty: RCW 48.07.060.
illegal dividends or reductions, penalty: RCW 48.08.040.
impairment of capital, penalty: RCW 48.08.050.
penalty for exhibiting false account, etc.: RCW 48.06.190.
solicitation permit required, penalty: RCW 48.06.030.
false claims or proof, etc., penalty: RCW 48.30.230.
fraud and unfair practices violations: Chapter 48.30 RCW.
general penalty for violations: RCW 48.01.080.
health care services, penalty for violation: RCW 48.44.060.
illegal dealing in premiums, penalty: RCW 48.30.190.
misrepresentation in application for insurance, penalty: RCW 48.30.210.
mutual insurers, impairment of surplus, penalty: RCW 48.09.340.
(2002 Ed.)
Chapter 9.91
political contributions, penalty: RCW 48.30.110.
premiums to be specified in the policy, penalty for violation: RCW
48.18.180.
Insurance, destruction, secretion, abandonment, etc., of property: RCW
48.30.220.
Intoxicating liquor (see Liquor control)
Ionizing radiation, prohibited acts: Chapter 70.98 RCW.
Irrigation and rehabilitation districts, violation of rules: RCW 87.84.090.
Judges or justices, addressing persons in unfit, etc., language, penalty:
RCW 42.20.110.
Labor and industries
disobeying subpoena to appear before officer, penalty: RCW 43.22.300.
hotel inspections, penalty for falsifying or hindering, etc.: RCW
70.62.280.
misuse of reports of employers, penalty: RCW 43.22.290.
refusal of entry to factory, etc., penalty: RCW 43.22.310.
Labor disputes, obtaining out-of-state personnel for certain purposes: RCW
49.44.100 through 49.44.110.
Labor laws
blacklisting prohibited, penalty: RCW 49.44.010.
bribery of labor representative, penalties: RCW 49.44.020, 49.44.030.
female and child labor, penalties for violations: RCW 26.28.070,
49.12.175.
hours of labor, penalties for violations: Chapter 49.28 RCW.
minimum wage and hours act violations, penalty: RCW 49.46.100.
obtaining labor by false recommendation, penalty: RCW 49.44.040.
prohibited practices, penalties for violations: Chapter 49.44 RCW.
prosecution, etc., for forming or joining labor union, etc., prohibited:
RCW 49.36.030.
seasonal labor, fraud by employees to secure advances, penalty: RCW
49.40.030.
underground workers safety and health, penalties: RCW 49.24.060,
49.24.380.
wage payment and collection, penalties for violations: RCW 49.48.020,
49.48.040, 49.48.060, 49.52.050, 49.52.090.
Land title registration, penalties for violations: RCW 65.12.730, 65.12.740,
65.12.750, 65.12.760.
Legislative hearings, failure of subpoenaed witness to attend or testify, etc.,
penalties: RCW 44.16.120 through 44.16.150.
Lie detector and similar tests as condition of employment: RCW 49.44.120,
49.44.130.
Limited access facilities (see Highways)
Liquor control
consumption or serving in clubs, penalty: RCW 66.24.481.
penalties for violations of laws or regulations: Chapter 66.44 RCW.
purchase, attempt, by minor: RCW 66.44.280 through 66.44.292.
records of sales confidential, penalty: RCW 66.16.090.
transfer of identification card prohibited, penalties: RCW 66.20.200.
Littering, depositing glass, debris, etc., on highways, beaches, waters,
penalty, removal: RCW 46.61.645.
Livestock—Removal from common range, duty, penalty: RCW 16.24.230.
Logs, transporting without county log tolerance permit: RCW 46.44.047.
Maple Lane School, unauthorized entrance to grounds or enticing girls
away, etc., penalty: RCW 72.20.065.
Marine biological preserve, penalty for violation: RCW 28B.20.320
through 28B.20.324.
Marriage
certificates, penalty for failure to record: RCW 26.04.110.
license requirements, penalty for violations: RCW 26.04.200, 26.04.210,
26.04.230, 26.04.240.
Mausoleums and columbariums, penalty for violation of laws concerning
construction of: RCW 68.28.060.
Mentally ill, private establishments for, licensing violations: RCW
71.12.460.
Military affairs offenses defined, penalties: Chapter 38.32 RCW, RCW
38.40.040, 38.40.050, 38.40.110, 38.40.120.
Milk and milk products used for animal food, prohibited acts: Chapter
15.37 RCW.
[Title 9 RCW—page 89]
Chapter 9.91
Title 9 RCW: Crimes and Punishments
Mining leases and contracts, disclosure of information obtained through
state’s right of entry: RCW 79.01.649.
Minors
child labor prohibited, penalty: RCW 26.28.070 (see also Labor laws).
enforcement of support for: RCW 74.20.060.
firearms: RCW 9.41.040, 9.41.042, 9.41.240.
juvenile offenders: Chapter 13.04 RCW.
procuring or possessing tobacco, penalties: RCW 26.28.080, 70.155.080.
Motor vehicles: RCW 46.63.020.
Municipal corporations
approving or paying false claim against: RCW 42.24.110.
making false claim against: RCW 42.24.100.
Municipal officers, violation of code of ethics, penalty: RCW 42.23.050.
Mutual savings banks
concealing or destroying evidence, penalty: RCW 32.04.110.
falsification of books, etc., penalty: RCW 32.04.100.
general penalty when penalty not specifically provided: RCW 32.04.130.
specific penalties of RCW 9.24.030, 9.24.040, and 9.24.050 invoked:
RCW 32.04.120.
transfer of property or assets due to insolvency or in contemplation of
insolvency, penalty for violation of regulation: RCW 32.24.080.
Narcotic drugs: Chapter 69.50 RCW.
Native flora on state lands or on land adjoining highways and parks,
penalty for removal, etc.: RCW 47.40.080.
Navigation
Pilotage Act: RCW 88.16.120, 88.16.130, 88.16.150.
violations generally: Chapter 88.08 RCW.
Nuisances, civil remedies: Chapter 7.48 RCW.
Nursing homes, penalty for unlicensed operation: RCW 18.51.150.
Occupational motor vehicle operators’ licenses, violation of restrictions:
RCW 46.20.410.
Offering false or forged instruments for filing: RCW 40.16.030.
Oil and gas conservation, general penalty for violations of laws or regulations: RCW 78.52.550.
Operation of unlicensed camper: RCW 46.16.505.
Optometry laws, penalty for violations: RCW 18.53.150.
Osteopathy violations, penalties: RCW 18.57.160.
Parks and recreation, violations in parks specified, penalty: RCW
79A.05.165.
Party line telephones, refusal to yield in emergency, penalty: RCW
70.85.020, 70.85.030.
Patent medicine peddlers licensing, penalty for unlicensed sales: RCW
18.64.047.
Pawnbrokers and second-hand dealers laws, penalties: RCW 19.60.066.
Peaches, standards, inspection, penalty for violations: RCW 15.17.290.
Peddlers, penalty for selling without license: RCW 36.71.060.
Persons infected with disease, exposure to others, penalty: RCW 70.54.050.
Pesticides, prohibited acts: Chapter 15.58 RCW.
Pharmacy licensing laws and regulations, penalties: RCW 18.64.140,
18.64.250.
Physical therapy practice regulations, penalties: RCW 18.74.090.
Podiatric medicine and surgery, general penalty: RCW 18.22.220.
Poisons: Chapters 69.36, 69.40 RCW.
Pollution of water (see Water pollution)
Pool tables or billiard tables or bowling alley for hire, license required,
penalty: RCW 67.14.060.
Port district regulations adopted by city or county, violations, penalty:
RCW 53.08.220.
Port districts, violations of rules relating to toll tunnels and bridges,
penalty: RCW 53.34.190.
Psychologists licensing and practice law, violations, penalty: RCW
18.83.180.
Public assistance
falsification of application, etc., penalty: RCW 74.08.055.
fraudulent practices: RCW 74.08.331.
records to be confidential, etc., penalty: RCW 74.04.060.
[Title 9 RCW—page 90]
Public employment, race or religion not to be included on application
forms, etc., penalty: RCW 43.01.110.
Public libraries, penalties for injuring property or retaining books: RCW
27.12.330, 27.12.340.
Public officers, misconduct, penalties: Chapter 42.20 RCW.
Public records, etc., crimes concerning, penalties: Chapter 40.16 RCW.
Public service companies
auto and transport companies, penalty for violation: RCW 81.68.080.
motor freight carriers, penalties for violations: RCW 81.80.230,
81.80.355.
passengers for hire, failure to file bond or insurance policy, penalty:
RCW 46.72.100.
railroads
employee requirements, penalties for violations: RCW 81.40.030,
81.40.050, 81.40.070, 81.40.090, 81.40.100, 81.40.140.
equipment, penalties for violations: RCW 81.44.085, 81.44.100,
81.44.105.
operating requirements, penalties for violations: RCW 81.48.010,
81.48.020, 81.48.060.
property damaged, sabotaged or stolen, penalties: RCW 81.60.070,
81.60.080, 81.60.090.
rights-of-way and crossings, etc., penalties: RCW 81.53.210,
81.54.030.
shippers and passengers, penalties: RCW 81.56.100, 81.56.120,
81.56.150.
regulatory fees, penalty: RCW 81.24.080.
securities, penalty: RCW 81.08.120.
street railways, penalties for violations: RCW 81.64.110, 81.64.130,
81.64.150, 81.64.170.
transfers of property, penalty: RCW 81.12.060.
violations of laws and regulations, general penalties: RCW 81.04.380,
81.04.390.
Public utilities
pipeline transporters, safety rules, penalty: RCW 80.28.210.
regulatory fees, penalty: RCW 80.24.050.
transfers of property, penalty: RCW 80.12.060.
violations of laws and regulations, general penalties: RCW 80.04.380,
80.04.390.
Public works, falsification of records, etc., penalty: RCW 39.04.110,
39.12.050.
Purchasing, state, interfering with bids: RCW 43.19.1939.
Real estate
brokers and salesperson laws, penalty: RCW 18.85.340.
mortgages, removal of property from mortgaged premises, penalty: RCW
61.12.030, 61.12.031.
Rebating, etc., by practitioners of healing professions, penalty: RCW
19.68.010.
Recall petition laws, penalties: RCW 29.82.170, 29.82.210, 29.82.220.
Recreational devices, inspection of, penalty: RCW 79A.40.020, 79A.40.040.
Referendum and initiative laws, penalties: RCW 29.79.440, 29.79.480,
29.79.490.
Rules of the road: Chapter 46.61 RCW.
Savings and loan associations
advertising as without license: RCW 33.08.010.
concealing facts or destroying evidence, etc., penalty: RCW 33.36.060.
false statements concerning financial standings, penalty: RCW 33.36.050.
falsification of books, etc., penalty: RCW 33.36.040.
making prohibited loans or investments, penalty: RCW 33.36.010.
preferential transfer of property due to insolvency, penalty: RCW
33.36.030.
purchase at discount prohibited to officers, etc., penalty: RCW 33.36.020.
Schools
compulsory attendance, penalties: RCW 28A.225.090.
disclosing examination questions, penalty: RCW 28A.635.040.
disturbing meetings, penalty: RCW 28A.635.030.
failure to deliver books, etc., to successor, penalty: RCW 28A.635.070.
grafting by school officials, penalty: RCW 28A.635.050.
interfering by force or violence with any administrator, faculty member,
or student unlawful—Penalty: RCW 28B.10.570, 28B.10.572,
28B.10.573.
(2002 Ed.)
Miscellaneous Crimes
intimidating any administrator, faculty member or student by threat of
force or violence unlawful—Penalty: RCW 28B.10.571 through
28B.10.573.
Securities act violations, penalty: RCW 21.20.400 through 21.20.420.
Sexual psychopaths: Chapter 71.06 RCW.
Sexually transmitted diseases, penalty for violation of control of: RCW
70.24.080.
Shellfish, sanitary control, penalties for violation of law regulating: RCW
69.30.140.
Sheriffs, penalty for misconduct or nonfeasance: RCW 36.28.140.
Sheriff’s office employees, civil service for, penalty: RCW 41.14.220.
Ski lifts and other recreational conveyances: RCW 79A.40.040.
Snowmobile act
additional violations—Penalty: RCW 46.10.130.
operating violations, general penalty: RCW 46.10.090, 46.10.190.
Solid waste collection, unlawful acts: Chapter 81.77 RCW.
Sporting contest, fraud, penalty: RCW 67.24.010.
State bonds, fraud by engraver: RCW 39.44.101.
State employees’ retirement, falsification of statements, etc., penalty: RCW
41.40.055.
State land inspectors, fraud in carrying out duties, penalty: RCW
79.01.072.
State lands
firewood removal, permit required, penalty: RCW 76.20.040.
removing flora, etc., penalty: RCW 47.40.080.
trespass, etc.: Chapters 79.01, 79.40 RCW.
State treasurer, penalty for embezzlement: RCW 43.08.140.
Steam boilers, safety requirements, penalty: RCW 70.54.080.
Stink or gas bombs prohibited, penalty: RCW 70.74.310.
Support of dependent children—Alternative method—1971 act: Chapter
74.20A RCW.
Swimming pools, violation of health laws and regulations: RCW 70.90.205.
Taxation
cigarette tax, penalties: RCW 82.24.100, 82.24.110.
general penalties: RCW 82.32.290.
motor vehicle fuel tax, penalties: RCW 82.36.330, 82.36.380, 82.36.390,
82.36.400.
personal property, disclosure of information unlawful: RCW 84.40.340.
property taxes
listing of property: RCW 84.40.120.
removal of property to avoid collection of, penalties: RCW
84.56.120, 84.56.200.
retail sales tax, penalties: RCW 82.08.050, 82.08.120.
use tax, penalty: RCW 82.12.040.
Teachers
abuse of a misdemeanor: RCW 28A.635.010.
retirement, falsification of statements, etc., penalty: RCW 41.32.055.
Telephones, party line, refusal to yield in emergency, penalty: RCW
70.85.020, 70.85.030.
Television reception improvement districts, penalty for false statement as to
tax exemption: RCW 36.95.190.
Tires
pneumatic, passenger car, selling or offering for sale if under prescribed
standards, penalty: RCW 46.37.423.
regrooved, selling or offering for sale if under prescribed standards,
penalty: RCW 46.37.424.
selling or operating vehicle with tires not meeting standards of state
patrol, penalty: RCW 46.37.425.
Tobacco, etc., minors procuring or possessing, penalties: RCW 26.28.080,
70.155.080.
Toll facilities, operation of motor vehicle on, prohibited acts: RCW
46.61.690.
Trading stamps and premiums, penalty for violations: RCW 19.84.040.
Unclaimed Property Act, penalties for violations: RCW 63.29.340,
63.29.350.
Unemployment compensation, penalties for violations: Chapter 50.36 RCW.
(2002 Ed.)
Chapter 9.91
Use of lists of registered voters, violations relating to, penalty: RCW
29.04.100.
Utility poles, attaching objects to prohibited, penalty: RCW 70.54.100.
Veterinarian laws and rules, penalty: RCW 18.92.230, 18.92.240.
Vital statistics requirements, penalty for violation: RCW 70.58.280.
Vouchers, public, false certification, penalty: RCW 42.24.100.
Wages (see Labor laws)
Warehouses, grain and terminal, commodity inspections, penalties for
violation: RCW 22.09.310, 22.09.340, 22.09.890.
Warehousing deposits, general penalties: Chapter 22.32 RCW.
Washington Caustic Poison Act of 1929: Chapter 69.36 RCW.
Washington Criminal Code: Title 9A RCW.
Washington fresh fruit sales limitation act, violations: RCW 15.21.060.
Washington state patrol retirement fund, falsification of records, etc., to
defraud, penalty: RCW 43.43.320.
Water pollution
control, penalty for violations: RCW 90.48.140.
drinking water pollution, etc.: Chapter 70.54 RCW.
pollution of water supply in cities and towns, penalty: RCW 35.88.040.
Weed districts, prevention of agent’s right of entry, penalty: RCW
17.04.280.
Weights and measures law and rules, penalties for violations: RCW
19.94.490 through 19.94.510.
Wills, failing to deliver, penalty: RCW 11.20.010.
Workers’ compensation, penalties for violations of regulations concerning:
Chapter 51.48 RCW, RCW 51.16.140.
X-rays, use in shoe fitting prohibited: RCW 70.98.170.
9.91.010 Denial of civil rights—Terms defined.
Terms used in this section shall have the following definitions:
(1)(a) "Every person" shall be construed to include any
owner, lessee, proprietor, manager, agent or employee
whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political
subdivisions, boards and commissions, engaged in or
exercising control over the operation of any place of public
resort, accommodation, assemblage or amusement.
(b) "Deny" is hereby defined to include any act which
directly or indirectly, or by subterfuge, by a person or his
agent or employee, results or is intended or calculated to
result in whole or in part in any discrimination, distinction,
restriction, or unequal treatment, or the requiring of any
person to pay a larger sum than the uniform rates charged
other persons, or the refusing or withholding from any
person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public
resort, accommodation, assemblage, or amusement except for
conditions and limitations established by law and applicable
alike to all persons, regardless of race, creed or color.
(c) "Full enjoyment of" shall be construed to include the
right to purchase any service, commodity or article of
personal property offered or sold on, or by, any establishment to the public, and the admission of any person to
accommodations, advantages, facilities or privileges of any
place of public resort, accommodation, assemblage or
amusement, without acts directly or indirectly causing
persons of any particular race, creed or color, to be treated
as not welcome, accepted, desired or solicited.
(d) "Any place of public resort, accommodation,
assemblage or amusement" is hereby defined to include, but
[Title 9 RCW—page 91]
9.91.010
Title 9 RCW: Crimes and Punishments
not to be limited to, any public place, licensed or unlicensed,
kept for gain, hire or reward, or where charges are made for
admission, service, occupancy or use of any property or
facilities, whether conducted for the entertainment, housing
or lodging of transient guests, or for the benefit, use or
accommodation of those seeking health, recreation or rest, or
for the sale of goods and merchandise, or for the rendering
of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and
terminals thereof and the garaging of vehicles, or where food
or beverages of any kind are sold for consumption on the
premises, or where public amusement, entertainment, sports
or recreation of any kind is offered with or without charge,
or where medical service or care is made available, or where
the public gathers, congregates, or assembles for amusement,
recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures
occupied by two or more tenants, or by the owner and one
or more tenants, or any public library or any educational
institution wholly or partially supported by public funds, or
schools of special instruction, or nursery schools, or day care
centers or children’s camps; nothing herein contained shall
be construed to include, or apply to, any institute, bona fide
club, or place of accommodation, which is by its nature
distinctly private provided that where public use is permitted
that use shall be covered by this section; nor shall anything
herein contained apply to any educational facility operated
or maintained by a bona fide religious or sectarian institution; and the right of a natural parent in loco parentis to
direct the education and upbringing of a child under his
control is hereby affirmed.
(2) Every person who denies to any other person
because of race, creed, or color, the full enjoyment of any of
the accommodations, advantages, facilities or privileges of
any place of public resort, accommodation, assemblage, or
amusement, shall be guilty of a misdemeanor. [1953 c 87 §
1; 1909 c 249 § 434; RRS § 2686.]
Application forms, licenses—Mention of race or religion prohibited: RCW
43.01.100, 43.01.110.
Interference with board against discrimination: RCW 49.60.310.
9.91.020 Operating railroad, steamboat, vehicle,
etc., while intoxicated. Every person who, being employed
upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger, or
signalman, or having charge of stations, starting, regulating
or running trains upon a railway, or being employed as
captain, engineer or other officer of a vessel propelled by
steam, or being the driver of any animal or vehicle upon any
public highway, street, or other public place, is intoxicated
while engaged in the discharge of any such duties, shall be
guilty of a gross misdemeanor. [2000 c 239 § 3; 1915 c 165
§ 2; 1909 c 249 § 275; RRS § 2527.]
Reviser’s note: Caption for 1915 c 165 § 2 reads as follows:
"Section 2527 [Rem. & Bal.] Intoxication of employees." See State v.
Crothers, 118 Wash. 226.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Hunting while intoxicated—Penalty: RCW 77.15.675.
Operating vehicle under influence of intoxicants or drugs: RCW 46.20.285,
46.61.502.
Operating vessel in reckless manner or while under influence of alcohol or
drugs: RCW 79A.60.040.
[Title 9 RCW—page 92]
Railroads, employees, equipment, operations: Chapters 81.40, 81.44, 81.48
RCW.
Reckless operation of steamboat or engine: RCW 9A.32.060, 9A.32.070.
9.91.025 Unlawful bus conduct. (1) A person is
guilty of unlawful bus conduct if while on or in a municipal
transit vehicle as defined by RCW 46.04.355 or in or at a
municipal transit station and with knowledge that such
conduct is prohibited, he or she:
(a) Except while in or at a municipal transit station,
smokes or carries a lighted or smoldering pipe, cigar, or
cigarette;
(b) Discards litter other than in designated receptacles;
(c) Plays any radio, recorder, or other sound-producing
equipment except that nothing herein shall prohibit the use
of such equipment when connected to earphones that limit
the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the
municipal transit vehicle or municipal transit station;
(d) Spits or expectorates;
(e) Carries any flammable liquid, explosive, acid, or
other article or material likely to cause harm to others except
that nothing herein shall prevent a person from carrying a
cigarette, cigar, or pipe lighter or carrying a firearm or
ammunition in a way that is not otherwise prohibited by law;
(f) Intentionally obstructs or impedes the flow of
municipal transit vehicles or passenger traffic, hinders or
prevents access to municipal transit vehicles or stations, or
otherwise unlawfully interferes with the provision or use of
public transportation services;
(g) Intentionally disturbs others by engaging in loud,
raucous, unruly, harmful, or harassing behavior; or
(h) Destroys, defaces, or otherwise damages property of
a municipality as defined in RCW 35.58.272 employed in
the provision or use of public transportation services.
(2) For the purposes of this section, "municipal transit
station" means all facilities, structures, lands, interest in
lands, air rights over lands, and rights of way of all kinds
that are owned, leased, held, or used by a municipality as
defined in RCW 35.58.272 for the purpose of providing
public transportation services, including, but not limited to,
park and ride lots, transit centers and tunnels, and bus
shelters.
(3) Unlawful bus conduct is a misdemeanor. [1994 c 45
§ 4; 1992 c 77 § 1; 1984 c 167 § 1.]
Findings—Declaration—Severability—1994 c 45: See notes
following RCW 7.48.140.
Drinking in public conveyance: RCW 66.44.250.
9.91.060 Leaving children unattended in parked
automobile. Every person having the care and custody,
whether temporary or permanent, of minor children under
the age of twelve years, who shall leave such children in a
parked automobile unattended by an adult while such person
enters a tavern or other premises where vinous, spirituous, or
malt liquors are dispensed for consumption on the premises
shall be guilty of a gross misdemeanor. [1999 c 143 § 9;
1951 c 270 § 17.]
Leaving children unattended in standing vehicle with motor running: RCW
46.61.685.
(2002 Ed.)
Miscellaneous Crimes
9.91.110 Metal buyers—Records of purchases—
Penalty. (1) It shall be unlawful for any person, firm or
corporation engaged in the business of buying or otherwise
obtaining new, used or secondhand metals to purchase or
otherwise obtain such metals unless a permanent record of
the purchase of such metals is maintained: PROVIDED,
That no such record need be kept of purchases made by or
from a manufacturer, remanufacturer or distributor appointed
by a manufacturer of such metals.
For the purpose of this section the term "metals" shall
mean copper, copper wire, copper cable, copper pipe, copper
sheets and tubing, copper bus, aluminum wire, brass pipe,
lead, electrolytic nickel and zinc.
(2) The permanent record required by subsection (1) of
this section shall contain the following:
(a) a general description of all property purchased;
(b) the type and quantity or weight;
(c) the name, address, driver’s license number, and
signature of the seller or the person making delivery; and,
(d) a description of any motor vehicle and the license
number thereof used in the delivery of such metals.
The information so recorded shall be retained by the
purchaser for a period of not less than one year.
(3) Any violation of this section is punishable, upon
conviction, by a fine of not more than five hundred dollars
or by imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment. [1971 ex.s.
c 302 § 18.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
9.91.130 Disposal of trash in charity donation
receptacle. (1) It is unlawful for any person to throw, drop,
deposit, discard, or otherwise dispose of any trash, including,
but not limited to items that have deteriorated to the extent
that they are no longer of monetary value or of use for the
purpose they were intended; garbage, including any organic
matter; or litter, in or around a receptacle provided by a
charitable organization, as defined in RCW 19.09.020(2), for
the donation of clothing, property, or other thing of monetary
value to be used for the charitable purposes of such organization.
(2) Charitable organizations must post a clearly visible
notice on the donation receptacles warning of the existence
and content of this section and the penalties for violation of
its provisions, as well as a general identification of the items
which are appropriate to be deposited in the receptacle.
(3) Any person violating the provisions of this section
shall be guilty of a misdemeanor, and the fine for such
violation shall be not less than fifty dollars for each offense.
(4) Nothing in this section shall preclude a charitable
organization which maintains the receptacle from pursuing
a civil action and seeking whatever damages were sustained
by reason of the violation of the provisions of this section.
For a second or subsequent violation of this section, such
person shall be liable for treble the amount of damages done
by the person, but in no event less than two hundred dollars,
and such damages may be recovered in a civil action before
any district court judge. [1987 c 385 § 1.]
Severability—1987 c 385: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 385 § 2.]
(2002 Ed.)
9.91.110
9.91.140 Food stamps. (1) A person who sells food
stamps obtained through the program established under RCW
74.04.500 or food stamp benefits transferred electronically,
or food purchased therewith, is guilty of a gross misdemeanor under RCW 9A.20.021 if the value of the stamps,
benefits, or food transferred exceeds one hundred dollars,
and is guilty of a misdemeanor under RCW 9A.20.021 if the
value of the stamps, benefits, or food transferred is one
hundred dollars or less.
(2) A person who purchases, or who otherwise acquires
and sells, or who traffics in, food stamps as defined by the
federal food stamp act, as amended, 7 U.S.C. Sec. 2011 et
seq., or food stamp benefits transferred electronically, is
guilty of a class C felony under RCW 9A.20.021 if the face
value of the stamps or benefits exceeds one hundred dollars,
and is guilty of a gross misdemeanor under RCW 9A.20.021
if the face value of the stamps or benefits is one hundred
dollars or less.
(3) A person who, in violation of 7 U.S.C. Sec. 2024(c),
obtains and presents food stamps as defined by the federal
food stamp act, as amended, 7 U.S.C. Sec. 2011 et seq., or
food stamp benefits transferred electronically, for redemption
or causes such stamps or benefits to be presented for
redemption through the program established under RCW
74.04.500 is guilty of a class C felony under RCW
9A.20.021. [1998 c 79 § 1; 1996 c 78 § 1; 1988 c 62 § 1.]
9.91.150 Tree spiking. (1) Any person who maliciously drives or places in any tree, forest material, forest
debris, or other wood material any iron, steel, ceramic, or
other substance sufficiently hard to injure saws or wood processing or manufacturing equipment, for the purpose of
hindering logging or timber harvesting activities, is guilty of
a class C felony under chapter 9A.20 RCW.
(2) Any person who, with the intent to use it in a
violation of subsection (1) of this section, possesses any iron,
steel, ceramic, or other substance sufficiently hard to injure
saws or wood processing or manufacturing equipment is
guilty of a gross misdemeanor under chapter 9A.20 RCW.
(3) As used in this section the terms "forest debris" and
"forest material" have the same meanings as under RCW
76.04.005. [1988 c 224 § 1.]
9.91.155 Tree spiking—Action for damages. Any
person who is damaged by any act prohibited in RCW
9.91.150 may bring a civil action to recover damages sustained, including a reasonable attorney’s fee. A party
seeking civil damages under this section may recover upon
proof of a violation of the provisions of RCW 9.91.150 by
a preponderance of the evidence. [1988 c 224 § 2.]
9.91.160 Personal protection spray devices. (1) It is
unlawful for a person under eighteen years old, unless the
person is at least fourteen years old and has the permission
of a parent or guardian to do so, to purchase or possess a
personal protection spray device. A violation of this
subsection is a misdemeanor.
(2) No town, city, county, special purpose district,
quasi-municipal corporation or other unit of government may
prohibit a person eighteen years old or older, or a person
fourteen years old or older who has the permission of a
[Title 9 RCW—page 93]
9.91.160
Title 9 RCW: Crimes and Punishments
parent or guardian to do so, from purchasing or possessing
a personal protection spray device or from using such a
device in a manner consistent with the authorized use of
force under RCW 9A.16.020. No town, city, county, special
purpose district, quasi-municipal corporation, or other unit of
government may prohibit a person eighteen years old or
older from delivering a personal protection spray device to
a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for
use in self-defense and containing a nonlethal sternutator or
lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either
chloracetophenone (CN) or O-chlorobenzylidene malonotrile
(CS); or
(ii) Other agent commonly known as mace, pepper
mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted
transferring from one person to another.
(4) Nothing in this section authorizes the delivery,
purchase, possession, or use of any device or chemical agent
that is otherwise prohibited by state law. [1994 sp.s. c 7 §
514.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
9.91.170 Interfering with dog guide or service
animal. (1)(a) Any person who has received notice that his
or her behavior is interfering with the use of a dog guide or
service animal who continues with reckless disregard to
interfere with the use of a dog guide or service animal by
obstructing, intimidating, or otherwise jeopardizing the safety
of the dog guide or service animal user or his or her dog
guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a
second or subsequent offense it is a gross misdemeanor.
(b) Any person who, with reckless disregard, allows his
or her dog to interfere with the use of a dog guide or service
animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his
or her dog guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that
for a second or subsequent offense it is a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, injures,
disables, or causes the death of a dog guide or service
animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b) Any person who, with reckless disregard, allows his
or her dog to injure, disable, or cause the death of a dog
guide or service animal is guilty of a gross misdemeanor
punishable according to chapter 9A.20 RCW.
(3) Any person who intentionally injures, disables, or
causes the death of a dog guide or service animal is guilty
of a class C felony.
(4) Any person who wrongfully obtains or exerts
unauthorized control over a dog guide or service animal with
the intent to deprive the dog guide or service animal user of
his or her dog guide or service animal is guilty of theft in
the first degree, RCW 9A.56.030.
[Title 9 RCW—page 94]
(5)(a) In any case in which the defendant is convicted
of a violation of this section, he or she shall also be ordered
to make full restitution for all damages, including incidental
and consequential expenses incurred by the dog guide or
service animal user and the dog guide or service animal
which arise out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall
include, but is not limited to:
(i) The value of the replacement of an incapacitated or
deceased dog guide or service animal, the training of a
replacement dog guide or service animal, or retraining of the
affected dog guide or service animal and all related veterinary and care expenses; and
(ii) Medical expenses of the dog guide or service animal
user, training of the dog guide or service animal user, and
compensation for wages or earned income lost by the dog
guide or service animal user.
(6) Nothing in this section shall affect any civil remedies available for violation of this section.
(7) For purposes of this section, the following definitions apply:
(a) "Dog guide" means a dog that is trained for the
purpose of guiding blind persons or a dog trained for the
purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for
the purposes of assisting or accommodating a disabled
person’s sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated
warning prescribing the behavior of another person and a
request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service
animal user and does not refer to cost or fair market value.
[2001 c 112 § 2.]
Short title—2001 c 112: "This act may be known and cited as
Layla’s Law." [2001 c 112 § 1.]
Chapter 9.92
PUNISHMENT
Sections
9.92.005
Penalty assessments in addition to fine or bail forfeiture—
Crime victims compensation account.
9.92.010
Punishment of felony when not fixed by statute.
9.92.020
Punishment of gross misdemeanor when not fixed by statute.
9.92.030
Punishment of misdemeanor when not fixed by statute.
9.92.040
Punishment for contempt.
9.92.060
Suspending sentences.
9.92.062
Suspended sentence—Termination date—Application.
9.92.064
Suspended sentence—Termination date, establishment—
Modification of terms.
9.92.066
Termination of suspended sentence—Restoration of civil
rights.
9.92.070
Payment of fine and costs in installments.
9.92.080
Sentence on two or more convictions or counts.
9.92.090
Habitual criminals.
9.92.100
Prevention of procreation.
9.92.110
Convicts protected—Forfeitures abolished.
9.92.120
Conviction of public officer forfeits trust.
9.92.130
City jail prisoners may be compelled to work.
9.92.140
County jail prisoners may be compelled to work.
9.92.151
Early release for good behavior.
9.92.200
Chapter not to affect dispositions under juvenile justice act.
9.92.900
RCW 9.92.050 through 9.92.090 inapplicable to felonies
committed on or after July 1, 1984.
Court to fix maximum sentence: RCW 9.95.010.
(2002 Ed.)
Punishment
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
Juvenile offenders—Commitment: Chapter 13.04 RCW.
9.92.005 Penalty assessments in addition to fine or
bail forfeiture—Crime victims compensation account.
See RCW 7.68.035.
9.92.010 Punishment of felony when not fixed by
statute. Every person convicted of a felony for which no
maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall
not exceed confinement in a state correctional institution for
a term of ten years, or by a fine in an amount fixed by the
court of not more than twenty thousand dollars, or by both
such confinement and fine and the offense shall be classified
as a class B felony. [1996 c 44 § 2; 1982 1st ex.s. c 47 §
5; 1909 c 249 § 13; RRS § 2265.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Classification of crimes: Chapter 9A.20 RCW.
9.92.020 Punishment of gross misdemeanor when
not fixed by statute. Every person convicted of a gross
misdemeanor for which no punishment is prescribed in any
statute in force at the time of conviction and sentence, shall
be punished by imprisonment in the county jail for a
maximum term fixed by the court of not more than one year,
or by a fine in an amount fixed by the court of not more
than five thousand dollars, or by both such imprisonment and
fine. [1982 1st ex.s. c 47 § 6; 1909 c 249 § 15; RRS §
2267.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9.92.030 Punishment of misdemeanor when not
fixed by statute. Every person convicted of a misdemeanor
for which no punishment is prescribed by any statute in
force at the time of conviction and sentence, shall be
punished by imprisonment in the county jail for a maximum
term fixed by the court of not more than ninety days, or by
a fine in an amount fixed by the court of not more than one
thousand dollars or both such imprisonment and fine. [1982
1st ex.s. c 47 § 7; 1909 c 249 § 14; Code 1881 § 785; RRS
§ 2266.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9.92.040 Punishment for contempt. A criminal act
which at the same time constitutes contempt of court, and
has been punished as such, may also be punished as a crime,
but in such case the punishment for contempt may be
considered in mitigation. [1909 c 249 § 21; RRS § 2273.]
Contempt: Chapter 7.21 RCW.
9.92.060 Suspending sentences. (1) Whenever any
person is convicted of any crime except murder, burglary in
the first degree, arson in the first degree, robbery, rape of a
child, or rape, the superior court may, in its discretion, at the
time of imposing sentence upon such person, direct that such
(2002 Ed.)
Chapter 9.92
sentence be stayed and suspended until otherwise ordered by
the superior court, and that the sentenced person be placed
under the charge of a community corrections officer employed by the department of corrections, or if the county
elects to assume responsibility for the supervision of all
superior court misdemeanant probationers a probation officer
employed or contracted for by the county, upon such terms
as the superior court may determine.
(2) As a condition to suspension of sentence, the
superior court shall require the payment of the penalty
assessment required by RCW 7.68.035. In addition, the
superior court may require the convicted person to make
such monetary payments, on such terms as the superior court
deems appropriate under the circumstances, as are necessary:
(a) To comply with any order of the court for the payment
of family support; (b) to make restitution to any person or
persons who may have suffered loss or damage by reason of
the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses
and agrees with the prosecutor’s recommendation that the
offender be required to pay restitution to a victim of an
offense or offenses which are not prosecuted pursuant to a
plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for
costs of extradition if return to this state by extradition was
required; and (d) to contribute to a county or interlocal drug
fund.
(3) As a condition of the suspended sentence, the
superior court may order the probationer to report to the
secretary of corrections or such officer as the secretary may
designate and as a condition of the probation to follow the
instructions of the secretary. If the county legislative
authority has elected to assume responsibility for the
supervision of superior court misdemeanant probationers
within its jurisdiction, the superior court misdemeanant
probationer shall report to a probation officer employed or
contracted for by the county. In cases where a superior
court misdemeanant probationer is sentenced in one county,
but resides within another county, there must be provisions
for the probationer to report to the agency having supervision responsibility for the probationer’s county of residence.
(4) If restitution to the victim has been ordered under
subsection (2)(b) of this section and the superior court has
ordered supervision, the officer supervising the probationer
shall make a reasonable effort to ascertain whether restitution
has been made as ordered. If the superior court has ordered
supervision and restitution has not been made, the officer
shall inform the prosecutor of that violation of the terms of
the suspended sentence not less than three months prior to
the termination of the suspended sentence. [1996 c 298 § 5;
1995 1st sp.s. c 19 § 30; 1987 c 202 § 142; 1982 1st ex.s.
c 47 § 8; 1982 1st ex.s. c 8 § 4; 1979 c 29 § 1; 1967 c 200
§ 7; 1957 c 227 § 1; 1949 c 76 § 1; 1921 c 69 § 1; 1909 c
249 § 28; 1905 c 24 § 1; Rem. Supp. 1949 § 2280.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Intent—1987 c 202: See note following RCW 2.04.190.
Applicability—1984 c 209: See RCW 9.92.900.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
[Title 9 RCW—page 95]
9.92.060
Title 9 RCW: Crimes and Punishments
Intent—Reports—1982 1st ex.s. c 8: See note following RCW
7.68.035.
Severability—1967 c 200: See note following RCW 9.45.122.
Probation: RCW 9.95.200 through 9.95.250.
Probation and parole services, provision by counties: RCW 36.01.070.
Restitution
alternative to fine: RCW 9A.20.030.
condition of probation: RCW 9.95.210.
disposition when victim not found or dead: RCW 7.68.290.
9.92.062 Suspended sentence—Termination date—
Application. In all cases prior to August 9, 1971 wherein
the execution of sentence has been suspended pursuant to
RCW 9.92.060, such person may apply to the court by which
he was convicted and sentenced to establish a definite
termination date for the suspended sentence. The court shall
set a date no later than the time the original sentence would
have elapsed and may provide for an earlier termination of
the suspended sentence. [1971 ex.s. c 188 § 1.]
Applicability—1984 c 209: See RCW 9.92.900.
9.92.064 Suspended sentence—Termination date,
establishment—Modification of terms. In the case of a
person granted a suspended sentence under the provisions of
RCW 9.92.060, the court shall establish a definite termination date for the suspended sentence. The court shall set a
date no later than the time the original sentence would have
elapsed and may provide for an earlier termination of the
suspended sentence. Prior to the entry of an order formally
terminating a suspended sentence the court may modify the
terms and conditions of the suspension or extend the period
of the suspended sentence. [1982 1st ex.s. c 47 § 9; 1971
ex.s. c 188 § 2.]
Applicability—1984 c 209: See RCW 9.92.900.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9.92.066 Termination of suspended sentence—
Restoration of civil rights. Upon termination of any
suspended sentence under RCW 9.92.060 or 9.95.210, such
person may apply to the court for restoration of his civil
rights. Thereupon the court may in its discretion enter an
order directing that such defendant shall thereafter be released from all penalties and disabilities resulting from the
offense or crime of which he has been convicted. [1971
ex.s. c 188 § 3.]
Applicability—1984 c 209: See RCW 9.92.900.
9.92.070 Payment of fine and costs in installments.
Hereafter whenever any judge of any superior court or a
district or municipal judge shall sentence any person to pay
any fine and costs, the judge may, in the judge’s discretion,
provide that such fine and costs may be paid in certain
designated installments, or within certain designated period
or periods; and if such fine and costs shall be paid by the
defendant in accordance with such order no commitment or
imprisonment of the defendant shall be made for failure to
pay such fine or costs. PROVIDED, that the provisions of
this section shall not apply to any sentence given for the
violation of any of the liquor laws of this state. [1987 c 3
§ 4; 1923 c 15 § 1; RRS § 2280-1.]
[Title 9 RCW—page 96]
Severability—1987 c 3: See note following RCW 3.46.020.
Applicability—1984 c 209: See RCW 9.92.900.
Collection and disposition of fines and costs: Chapter 10.82 RCW.
Payment of fine and costs in installments: RCW 10.01.170.
9.92.080 Sentence on two or more convictions or
counts. (1) Whenever a person while under sentence of
felony shall commit another felony and be sentenced to another term of imprisonment, such latter term shall not begin
until the expiration of all prior terms: PROVIDED, That
any person granted probation pursuant to the provisions of
RCW 9.95.210 and/or 9.92.060 shall not be considered to be
under sentence of a felony for the purposes of this subsection.
(2) Whenever a person is convicted of two or more
offenses which arise from a single act or omission, the
sentences imposed therefor shall run concurrently, unless the
court, in pronouncing sentence, expressly orders the service
of said sentences to be consecutive.
(3) In all other cases, whenever a person is convicted of
two or more offenses arising from separate and distinct acts
or omissions, and not otherwise governed by the provisions
of subsections (1) and (2) of this section, the sentences
imposed therefor shall run consecutively, unless the court, in
pronouncing the second or other subsequent sentences, expressly orders concurrent service thereof.
(4) The sentencing court may require the secretary of
corrections, or his designee, to provide information to the
court concerning the existence of all prior judgments against
the defendant, the terms of imprisonment imposed, and the
status thereof. [1981 c 136 § 35; 1971 ex.s. c 295 § 1; 1925
ex.s. c 109 § 2; 1909 c 249 § 33; RRS § 2285.]
Applicability—1984 c 209: See RCW 9.92.900.
Effective date—1981 c 136: See RCW 72.09.900.
9.92.090 Habitual criminals. Every person convicted
in this state of any crime of which fraud or intent to defraud
is an element, or of petit larceny, or of any felony, who shall
previously have been convicted, whether in this state or
elsewhere, of any crime which under the laws of this state
would amount to a felony, or who shall previously have been
twice convicted, whether in this state or elsewhere, of petit
larceny, or of any misdemeanor or gross misdemeanor of
which fraud or intent to defraud is an element, shall be
adjudged to be an habitual criminal and shall be punished by
imprisonment in a state correctional facility for not less than
ten years.
Every person convicted in this state of any crime of
which fraud or intent to defraud is an element, or of petit
larceny, or of any felony, who shall previously have been
twice convicted, whether in this state or elsewhere, of any
crime which under the laws of this state would amount to a
felony, or who shall previously have been four times
convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which
fraud or intent to defraud is an element, shall be punished by
imprisonment in a state correctional facility for life. [1992
c 7 § 18; 1909 c 249 § 34; 1903 c 86 §§ 1, 2; RRS § 2286.]
Applicability—1984 c 209: See RCW 9.92.900.
(2002 Ed.)
Punishment
9.92.100 Prevention of procreation. Whenever any
person shall be adjudged guilty of carnal abuse of a female
person under the age of ten years, or of rape, or shall be
adjudged to be an habitual criminal, the court may, in addition to such other punishment or confinement as may be
imposed, direct an operation to be performed upon such
person, for the prevention of procreation. [1909 c 249 § 35;
RRS § 2287.]
9.92.110 Convicts protected—Forfeitures abolished.
Every person sentenced to imprisonment in any penal
institution shall be under the protection of the law, and any
unauthorized injury to his person shall be punished in the
same manner as if he were not so convicted or sentenced.
A conviction of crime shall not work a forfeiture of any
property, real or personal, or of any right or interest therein.
All forfeitures in the nature of deodands, or in case of
suicide or where a person flees from justice, are abolished.
[1909 c 249 § 36; RRS § 2288.]
Inheritance rights of slayers: Chapter 11.84 RCW.
9.92.120 Conviction of public officer forfeits trust.
The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty
as may be imposed, the forfeiture of his office, and shall
disqualify him from ever afterward holding any public office
in this state. [1909 c 249 § 37; RRS § 2289.]
Forfeiture or impeachment, rights preserved: RCW 42.04.040.
Misconduct of public officers: Chapter 42.20 RCW.
Vacancy of public office, causes: RCW 42.12.010.
9.92.130 City jail prisoners may be compelled to
work. When a person has been sentenced by any municipal
or district judge in this state to a term of imprisonment in a
city jail, whether in default of payment of a fine or otherwise, such person may be compelled on each day of such
term, except Sundays, to perform eight hours’ labor upon the
streets, public buildings, and grounds of such city. [1987 c
202 § 144; Code 1881 § 2075; RRS § 10189.]
Intent—1987 c 202: See note following RCW 2.04.190.
9.92.140 County jail prisoners may be compelled to
work. When a person has been sentenced by a district judge
or a judge of the superior court to a term of imprisonment
in the county jail, whether in default of payment of a fine,
or costs or otherwise; such person may be compelled to
work eight hours, each day of such term, in and about the
county buildings, public roads, streets and grounds: PROVIDED, This section and RCW 9.92.130 shall not apply to
persons committed in default of bail. [1987 c 202 § 145;
Code 1881 § 2076; 1867 p 56 § 24; 1858 p 10 § 1; RRS §
10190.]
Intent—1987 c 202: See note following RCW 2.04.190.
Employment of prisoners: RCW 36.28.100.
Working out fine: Chapter 10.82 RCW.
9.92.151 Early release for good behavior. The
sentence of a prisoner confined in a county jail facility for
a felony, gross misdemeanor, or misdemeanor conviction
may be reduced by earned release credits in accordance with
(2002 Ed.)
9.92.100
procedures that shall be developed and promulgated by the
correctional agency having jurisdiction. The earned early
release time shall be for good behavior and good performance as determined by the correctional agency having
jurisdiction. Any program established pursuant to this
section shall allow an offender to earn early release credits
for presentence incarceration. The correctional agency shall
not credit the offender with earned early release credits in
advance of the offender actually earning the credits. In the
case of an offender convicted of a serious violent offense or
a sex offense that is a class A felony committed on or after
July 1, 1990, the aggregate earned early release time may
not exceed fifteen percent of the sentence. In no other case
may the aggregate earned early release time exceed one-third
of the total sentence. [1990 c 3 § 201; 1989 c 248 § 1.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: "This act applies only to sentences
imposed for crimes committed on or after July 1, 1989." [1989 c 248 § 5.]
9.92.200 Chapter not to affect dispositions under
juvenile justice act. No provision of this chapter shall
authorize a court to suspend or defer the imposition or the
execution of a disposition under chapter 13.40 RCW, as now
law or hereafter amended. [1981 c 299 § 21.]
9.92.900 RCW *9.92.050 through 9.92.090 inapplicable to felonies committed on or after July 1, 1984. The
following sections of law do not apply to any felony offense
committed on or after July 1, 1984: RCW *9.92.050,
9.92.060, 9.92.062, 9.92.064, 9.92.066, 9.92.070, 9.92.080,
and 9.92.090. [1984 c 209 § 2; 1981 c 137 § 31.]
*Reviser’s note: RCW 9.92.050 was repealed by 1992 c 7 § 64.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Severability—1981 c 137: See RCW 9.94A.910.
Chapter 9.94
PRISONERS—CORRECTIONAL INSTITUTIONS
Sections
9.94.010
9.94.020
9.94.030
9.94.040
9.94.041
Prison riot—Defined.
Prison riot—Penalty.
Holding person hostage—Interference with officer’s duties.
Weapons—Possession, etc., by prisoner prohibited—Penalty.
Narcotic drugs, controlled substances—Possession, etc., by
prisoners—Penalty.
9.94.043
Deadly weapons—Possession on premises by person not a
prisoner—Penalty.
9.94.045
Narcotic drugs or controlled substances—Possession by
person not a prisoner—Penalty.
9.94.047
Posting of perimeter of premises of institutions covered by
RCW 9.94.040 through 9.94.049.
9.94.049
"Correctional institution" and "state correctional institution"
defined.
9.94.050
Correctional employees.
9.94.070
Persistent prison misbehavior.
Convict-made goods, restriction on sale of: Chapter 72.60 RCW.
Obstructing governmental operation: Chapter 9A.76 RCW.
State institutions: Title 72 RCW.
9.94.010 Prison riot—Defined. Whenever two or
more inmates of a correctional institution assemble for any
purpose, and act in such a manner as to disturb the good
[Title 9 RCW—page 97]
9.94.010
Title 9 RCW: Crimes and Punishments
order of the institution and contrary to the commands of the
officers of the institution, by the use of force or violence, or
the threat thereof, and whether acting in concert or not, they
shall be guilty of prison riot. [1995 c 314 § 1; 1955 c 241
§ 1.]
9.94.020 Prison riot—Penalty. Every inmate of a
correctional institution who is guilty of prison riot or of
voluntarily participating therein by being present at, or by
instigating, aiding or abetting the same, shall be punished by
imprisonment in a state correctional institution for not less
than one year nor more than ten years, which shall be in
addition to the sentence being served. [1995 c 314 § 2;
1992 c 7 § 19; 1955 c 241 § 2.]
9.94.030 Holding person hostage—Interference with
officer’s duties. Whenever any inmate of a correctional
institution shall hold, or participate in holding, any person as
a hostage, by force or violence, or the threat thereof, or shall
prevent, or participate in preventing an officer of such institution from carrying out his or her duties, by force or
violence, or the threat thereof, he or she shall be guilty of a
felony and upon conviction shall be punished by imprisonment in a state correctional institution for not less than one
year nor more than ten years. [1995 c 314 § 3; 1992 c 7 §
20; 1957 c 112 § 1; 1955 c 241 § 3.]
Interfering with public officer: Chapter 9A.76 RCW.
Kidnapping: Chapter 9A.40 RCW.
9.94.040 Weapons—Possession, etc., by prisoner
prohibited—Penalty. (1) Every person serving a sentence
in any state correctional institution who, without legal
authorization, while in the institution or while being conveyed to or from the institution, or while under the custody
or supervision of institution officials, officers, or employees,
or while on any premises subject to the control of the institution, knowingly possesses or carries upon his or her
person or has under his or her control any weapon, firearm,
or any instrument which, if used, could produce serious
bodily injury to the person of another, is guilty of a class B
felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in
the institution or while being conveyed to or from the
institution, or while under the custody or supervision of
institution officials, officers, or employees, or while on any
premises subject to the control of the institution, knowingly
possesses or has under his or her control a deadly weapon,
as defined in RCW 9A.04.110, is guilty of a class B felony.
(3) The sentence imposed under this section shall be in
addition to any sentence being served. [1995 c 314 § 4;
1979 c 121 § 1; 1977 ex.s. c 43 § 1; 1975-’76 2nd ex.s. c 38
§ 18. Prior: 1955 c 241 § 4.]
Severability—1979 c 121: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 121 § 8.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
[Title 9 RCW—page 98]
9.94.041 Narcotic drugs, controlled substances—
Possession, etc., by prisoners—Penalty. (1) Every person
serving a sentence in any state correctional institution who,
without legal authorization, while in the institution or while
being conveyed to or from the institution, or while under the
custody or supervision of institution officials, officers, or
employees, or while on any premises subject to the control
of the institution, knowingly possesses or carries upon his or
her person or has under his or her control any narcotic drug
or controlled substance as defined in chapter 69.50 RCW is
guilty of a class C felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in
the institution or while being conveyed to or from the
institution, or while under the custody or supervision of
institution officials, officers, or employees, or while on any
premises subject to the control of the institution, knowingly
possesses or has under his or her control any narcotic drug
or controlled substance, as defined in chapter 69.50 RCW,
is guilty of a class C felony.
(3) The sentence imposed under this section shall be in
addition to any sentence being served. [1995 c 314 § 5;
1979 c 121 § 2.]
9.94.043 Deadly weapons—Possession on premises
by person not a prisoner—Penalty. A person, other than
a person serving a sentence in a penal institution of this
state, is guilty of possession of contraband on the premises
of a state correctional institution in the first degree if,
without authorization to do so, the person knowingly
possesses or has under his or her control a deadly weapon on
or in the buildings or adjacent grounds subject to the care,
control, or supervision of a state correctional institution.
Deadly weapon is used as defined in RCW 9A.04.110:
PROVIDED, That such correctional buildings, grounds, or
property are properly posted pursuant to RCW 9.94.047, and
such person has knowingly entered thereon: PROVIDED
FURTHER, That the provisions of this section do not apply
to a person licensed pursuant to RCW 9.41.070 who, upon
entering the correctional institution premises, proceeds
directly along an access road to the administration building
and promptly checks his or her firearm(s) with the appropriate authorities. The person may reclaim his or her firearm(s)
upon leaving, but he or she must immediately and directly
depart from the premises.
Possession of contraband on the premises of a state
correctional institution in the first degree is a class B felony.
[1979 c 121 § 3.]
9.94.045 Narcotic drugs or controlled substances—
Possession by person not a prisoner—Penalty. A person,
other than a person serving a sentence in a penal institution
of this state, is guilty of possession of contraband on the
premises of a state correctional institution in the second
degree if, without authorization to do so, the person knowingly possesses or has under his or her control any narcotic
drug or controlled substance, as defined in chapter 69.50
RCW, on or in the buildings, grounds, or any other real
property subject to the care, control, or supervision of a state
correctional institution.
(2002 Ed.)
Prisoners—Correctional Institutions
Possession of contraband on the premises of a state
correctional institution in the second degree is a class C
felony. [1979 c 121 § 4.]
9.94.047 Posting of perimeter of premises of
institutions covered by RCW 9.94.040 through 9.94.049.
The perimeter of the premises of correctional institutions
covered by RCW 9.94.040 through 9.94.049 shall be posted
at reasonable intervals to alert the public as to the existence
of RCW 9.94.040 through 9.94.049. [1979 c 121 § 5.]
9.94.049 "Correctional institution" and "state
correctional institution" defined. (1) For the purposes of
this chapter, the term "correctional institution" means any
place designated by law for the keeping of persons held in
custody under process of law, or under lawful arrest,
including state prisons, county and local jails, and other
facilities operated by the department of corrections or local
governmental units primarily for the purposes of punishment,
correction, or rehabilitation following conviction of a
criminal offense.
(2) For the purposes of RCW 9.94.043 and 9.94.045,
"state correctional institution" means all state correctional
facilities under the supervision of the secretary of the
department of corrections used solely for the purpose of
confinement of convicted felons. [1995 c 314 § 6; 1992 c
7 § 21; 1985 c 350 § 3; 1979 c 121 § 6.]
9.94.050 Correctional employees. Any correctional
employee, while acting in the supervision and transportation
of prisoners, and in the apprehension of prisoners who have
escaped, shall have the powers and duties of a peace officer.
[1992 c 7 § 22; 1955 c 241 § 5.]
9.94.070 Persistent prison misbehavior. (1) An
inmate of a state correctional institution who is serving a
sentence for an offense committed on or after August 1,
1995, commits the crime of persistent prison misbehavior if
the inmate knowingly commits a serious infraction, that does
not constitute a class A or class B felony, after losing all
potential earned early release time credit.
(2) "Serious infraction" means misconduct that has been
designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.
(3) "State correctional institution" has the same meaning
as in RCW 9.94.049.
(4) The crime of persistent prison misbehavior is a class
C felony punishable as provided in RCW 9A.20.021. The
sentence imposed for this crime must be served consecutive
to any sentence being served at the time the crime is
committed. [1995 c 385 § 1.]
Chapter 9.94A
SENTENCING REFORM ACT OF 1981
Sections
9.94A.010
9.94A.015
9.94A.020
9.94A.030
9.94A.031
(2002 Ed.)
9.94A.035
9.94A.190
9.94A.340
9.94A.345
9.94A.401
9.94A.411
9.94A.421
9.94A.431
9.94A.441
9.94A.450
9.94A.460
9.94A.470
9.94A.475
9.94A.480
9.94A.500
9.94A.505
9.94A.510
9.94A.515
9.94A.515
9.94A.517
9.94A.518
9.94A.520
9.94A.525
9.94A.530
9.94A.533
9.94A.535
9.94A.540
9.94A.545
9.94A.550
9.94A.555
9.94A.561
9.94A.565
9.94A.570
9.94A.575
9.94A.580
9.94A.585
9.94A.589
9.94A.595
9.94A.599
9.94A.602
9.94A.605
9.94A.607
9.94A.610
9.94A.612
9.94A.614
9.94A.616
9.94A.618
9.94A.620
9.94A.625
9.94A.628
9.94A.631
9.94A.634
9.94A.637
Purpose.
Finding—Intent—2000 c 28.
Short title.
Definitions.
"Offender" and "defendant."
9.94A.640
9.94A.650
9.94A.660
9.94A.670
9.94A.680
9.94.045
Classification of felonies not in Title 9A RCW.
Terms of more than one year or less than one year—
Where served—Reimbursement of costs.
Equal application.
Timing.
Introduction.
Evidentiary sufficiency.
Plea agreements—Discussions—Contents of agreements.
Plea agreements—Information to court—Approval or
disapproval—Sentencing judge not bound.
Plea agreements—Criminal history.
Plea dispositions.
Sentence recommendations.
Armed offenders.
Plea agreements and sentences for certain offenders—
Public records.
Judicial records for sentences of certain offenders.
Sentencing hearing—Presentencing procedures—
Disclosure of mental health services information.
Sentences.
Table 1—Sentencing grid.
Table 2—Crimes included within each seriousness level.
Table 2—Crimes included within each seriousness level
(as amended by 2002 c 290 § 7).
Table 3—Drug offense sentencing grid.
Table 4—Drug offenses seriousness level.
Offense seriousness level.
Offender score.
Standard sentence range.
Adjustments to standard sentences.
Departures from the guidelines.
Mandatory minimum terms.
Community custody.
Fines.
Findings and intent—1994 c 1.
Offender notification and warning.
Governor’s powers.
Persistent offenders.
Power to defer or suspend sentences abolished—
Exceptions.
Specialized training.
Which sentences appealable—Procedure—Grounds for
reversal—Written opinions.
Consecutive or concurrent sentences.
Anticipatory offenses.
Presumptive ranges that exceed the statutory maximum.
Deadly weapon special verdict—Definition.
Methamphetamine—Manufacturing with child on premises—Special allegation.
Chemical dependency.
Drug offenders—Notice of release or escape.
Prisoner escape, parole, release, placement, or furlough—Notification procedures.
Prisoner escape, release, or furlough—Homicide, violent, and sex offenses—Rights of victims and
witnesses.
Prisoner escape, release, or furlough—Requests for
notification.
Prisoner escape, release, or furlough—Notification as
additional requirement.
Prisoner escape, release, or furlough—Consequences of
failure to notify.
Tolling of term of confinement, supervision.
Postrelease supervision—Violations—Expenses.
Violation of condition or requirement of sentence—
Arrest by community corrections officer—
Confinement in county jail.
Noncompliance with condition or requirement of sentence—Procedure—Penalty.
Discharge upon completion of sentence—Certificate of
discharge—Obligations, counseling after discharge.
Vacation of offender’s record of conviction.
First-time offender waiver.
Drug offender sentencing alternative.
Special sex offender sentencing alternative.
Alternatives to total confinement.
[Title 9 RCW—page 99]
Chapter 9.94A
9.94A.685
9.94A.690
9.94A.700
9.94A.705
9.94A.710
9.94A.712
9.94A.713
9.94A.715
9.94A.720
9.94A.725
9.94A.728
9.94A.731
9.94A.734
9.94A.737
9.94A.740
9.94A.745
9.94A.74501
9.94A.74502
9.94A.74503
9.94A.750
9.94A.753
9.94A.760
9.94A.7601
9.94A.7602
9.94A.7603
9.94A.7604
9.94A.7605
9.94A.7606
9.94A.7607
9.94A.7608
9.94A.7609
9.94A.761
9.94A.7701
9.94A.7702
9.94A.7703
9.94A.7704
9.94A.7705
9.94A.7706
9.94A.7707
9.94A.7708
9.94A.7709
9.94A.771
9.94A.780
9.94A.800
9.94A.810
9.94A.820
9.94A.830
9.94A.835
9.94A.840
Title 9 RCW: Crimes and Punishments
Alien offenders.
Work ethic camp program—Eligibility—Sentencing.
Community placement.
Community placement for specified offenders.
Community custody for sex offenders.
Sentencing of nonpersistent offenders.
Nonpersistent offenders—Conditions.
Community custody for specified offenders.
Supervision of offenders.
Offender work crews.
Earned release time.
Term of partial confinement, work release, home detention.
Home detention—Conditions.
Community custody—Violations.
Community placement, custody violators—Arrest, detention, financial responsibility.
Interstate compact for adult offender supervision.
State council.
Compact administrator.
Other compacts and agreements—Withdrawal from
current compact.
Restitution.
Restitution—Application dates.
Legal financial obligations.
"Earnings," "disposable earnings," and "obligee" defined.
Legal financial obligation—Notice of payroll deduction—Issuance and content.
Legal financial obligations—Payroll deductions—
Maximum amounts withheld, apportionment.
Legal financial obligations—Notice of payroll deduction—Employer or entity rights and responsibilities.
Motion to quash, modify, or terminate payroll deduction—Grounds for relief.
Legal financial obligations—Order to withhold and
deliver—Issuance and contents.
Legal financial obligations—Order to withhold and
deliver—Duties and rights of person or entity
served.
Legal financial obligations—Financial institutions—
Service on main office or branch, effect—
Collection actions against community bank account, court hearing.
Legal financial obligations—Notice of debt—Service or
mailing—Contents—Action on, when.
Legal financial obligations—Exemption from notice of
payroll deduction or order to withhold and deliver.
Legal financial obligations—Wage assignments—
Petition or motion.
Legal financial obligations—Wage assignments—
Answer.
Legal financial obligations—Wage assignments—
Amounts to be withheld.
Legal financial obligations—Wage assignments—Rules.
Legal financial obligations—Wage assignments—
Employer responsibilities.
Legal financial obligations—Wage assignments—Form
and rules.
Legal financial obligations—Wage assignments—
Service.
Legal financial obligations—Wage assignments—
Hearing—Scope of relief.
Legal financial obligations—Wage assignments—
Recovery of costs, attorneys’ fees.
Legal financial obligations—Wage assignments—
Sentences imposed before July 1, 1989.
Offender supervision assessments.
Sex offender treatment in correctional facility.
Transition and relapse prevention strategies.
Sex offender treatment in the community.
Legislative finding and intent—Commitment of felony
sexual offenders after July 1, 1987.
Sexual motivation special allegation—Procedures.
Sex offenders—Release from total confinement—
Notification of prosecutor.
[Title 9 RCW—page 100]
9.94A.843
9.94A.846
9.94A.850
Sex offenders—Release of information—Immunity.
Sex offenders—Release of information.
Sentencing guidelines commission—Established—
Powers and duties.
9.94A.855
Sentencing guidelines commission—Research staff—
Data, information, assistance—Bylaws—Salary of
executive officer.
9.94A.860
Sentencing guidelines commission—Membership—
Appointments—Terms of office—Expenses and
compensation.
9.94A.865
Standard sentence ranges—Revisions or modifications—
Submission to legislature.
9.94A.870
Emergency due to inmate population exceeding correctional facility capacity.
9.94A.875
Emergency in county jails population exceeding capacity.
9.94A.880
Clemency and pardons board—Membership—Terms—
Chairman—Bylaws—Travel expenses—Staff.
9.94A.885
Clemency and pardons board—Petitions for review—
Hearing.
9.94A.890
Abused victim—Resentencing for murder of abuser.
9.94A.905
Effective date of RCW 9.94A.080 through 9.94A.130,
9.94A.150 through 9.94A.230, 9.94A.250,
9.94A.260—Sentences apply to felonies committed
after June 30, 1984.
9.94A.910
Severability—1981 c 137.
9.94A.920
Headings and captions not law—2000 c 28.
9.94A.921
Effective date—2000 c 28.
9.94A.922
Severability—2000 c 28.
9.94A.923
Nonentitlement.
9.94A.924
Severability—2002 c 290.
9.94A.930
Recodification.
Reviser’s note: The majority of chapter 9.94A RCW was recodified
by 2001 c 10 § 6. See Comparative Table below.
COMPARATIVE TABLE
Formerly
Currently
9.94A.010
9.94A.015
9.94A.020
9.94A.030
9.94A.031
9.94A.035
9.94A.040
9.94A.050
9.94A.060
9.94A.070
9.94A.080
9.94A.090
9.94A.100
9.94A.103
9.94A.105
9.94A.110
9.94A.120
9.94A.123
9.94A.125
9.94A.127
9.94A.128
9.94A.129
9.94A.130
9.94A.132
9.94A.135
9.94A.137
9.94A.140
9.94A.142
9.94A.145
9.94A.150
9.94A.151
9.94A.152
9.94A.153
9.94A.154
9.94A.155
9.94A.156
9.94A.157
9.94A.158
9.94A.010
9.94A.015
9.94A.020
9.94A.030
9.94A.031
9.94A.035
9.94A.850
9.94A.855
9.94A.860
9.94A.865
9.94A.421
9.94A.431
9.94A.441
9.94A.475
9.94A.480
9.94A.500
9.94A.505
9.94A.830
9.94A.602
9.94A.835
9.94A.605
9.94A.607
9.94A.575
9.94A.580
9.94A.725
9.94A.690
9.94A.750
9.94A.753
9.94A.760
9.94A.728
9.94A.840
9.94A.843
9.94A.846
9.94A.610
9.94A.612
9.94A.614
9.94A.616
9.94A.618
(2002 Ed.)
Sentencing Reform Act of 1981
9.94A.159
9.94A.160
9.94A.165
9.94A.170
9.94A.175
9.94A.180
9.94A.185
9.94A.190
9.94A.195
9.94A.200
9.94A.200005
9.94A.200010
9.94A.200015
9.94A.200020
9.94A.200025
9.94A.200030
9.94A.200035
9.94A.200040
9.94A.200045
9.94A.200050
9.94A.2001
9.94A.2002
9.94A.2003
9.94A.2004
9.94A.2005
9.94A.2006
9.94A.2007
9.94A.2008
9.94A.2009
9.94A.201
9.94A.205
9.94A.207
9.94A.210
9.94A.220
9.94A.230
9.94A.250
9.94A.260
9.94A.270
9.94A.280
9.94A.310
9.94A.320
9.94A.340
9.94A.345
9.94A.350
9.94A.360
9.94A.370
9.94A.380
9.94A.383
9.94A.386
9.94A.390
9.94A.392
9.94A.393
9.94A.394
9.94A.395
9.94A.400
9.94A.410
9.94A.420
9.94A.430
9.94A.440
9.94A.450
9.94A.460
9.94A.470
9.94A.560
9.94A.590
9.94A.650
9.94A.660
9.94A.670
9.94A.700
9.94A.705
9.94A.710
9.94A.715
9.94A.720
(2002 Ed.)
9.94A.620
9.94A.870
9.94A.875
9.94A.625
9.94A.628
9.94A.731
9.94A.734
9.94A.190
9.94A.631
9.94A.634
9.94A.7601
9.94A.7602
9.94A.7603
9.94A.7604
9.94A.7605
9.94A.7606
9.94A.7607
9.94A.7608
9.94A.7609
9.94A.761
9.94A.7701
9.94A.7702
9.94A.7703
9.94A.7704
9.94A.7705
9.94A.7706
9.94A.7707
9.94A.7708
9.94A.7709
9.94A.771
9.94A.737
9.94A.740
9.94A.585
9.94A.637
9.94A.640
9.94A.880
9.94A.885
9.94A.780
9.94A.685
9.94A.510
9.94A.515
9.94A.340
9.94A.345
9.94A.520
9.94A.525
9.94A.530
9.94A.680
9.94A.545
9.94A.550
9.94A.535
9.94A.555
9.94A.561
9.94A.565
9.94A.890
9.94A.589
9.94A.595
9.94A.599
9.94A.401
9.94A.411
9.94A.450
9.94A.460
9.94A.470
9.94A.570
9.94A.540
9.94A.650
9.94A.660
9.94A.670
9.94A.700
9.94A.705
9.94A.710
9.94A.715
9.94A.720
9.94A.745
9.94A.74501
9.94A.74502
9.94A.74503
Chapter 9.94A
9.94A.800
9.94A.810
9.94A.820
9.94A.905
9.94A.910
9.94A.920
9.94A.921
9.94A.922
9.94A.800
9.94A.810
9.94A.820
9.94A.905
9.94A.910
9.94A.920
9.94A.921
9.94A.922
9.94A.930
Juvenile disposition standards commission—Functions transferred to
sentencing guidelines commission: RCW 13.40.005.
9.94A.010 Purpose. The purpose of this chapter is to
make the criminal justice system accountable to the public
by developing a system for the sentencing of felony offenders which structures, but does not eliminate, discretionary
decisions affecting sentences, and to:
(1) Ensure that the punishment for a criminal offense is
proportionate to the seriousness of the offense and the
offender’s criminal history;
(2) Promote respect for the law by providing punishment which is just;
(3) Be commensurate with the punishment imposed on
others committing similar offenses;
(4) Protect the public;
(5) Offer the offender an opportunity to improve him or
herself;
(6) Make frugal use of the state’s and local
governments’ resources; and
(7) Reduce the risk of reoffending by offenders in the
community. [1999 c 196 § 1; 1981 c 137 § 1.]
Severability—1999 c 196: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 196 § 20.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Report on Sentencing Reform Act of 1981: "The legislative budget
committee shall prepare a report to be filed at the beginning of the 1987
session of the legislature. The report shall include a complete assessment
of the impact of the Sentencing Reform Act of 1981. Such report shall
include the effectiveness of the guidelines and impact on prison and jail
populations and community correction programs." [1983 c 163 § 6.]
9.94A.015 Finding—Intent—2000 c 28. The
sentencing reform act has been amended many times since
its enactment in 1981. While each amendment promoted a
valid public purpose, some sections of the act have become
unduly lengthy and repetitive. The legislature finds that it is
appropriate to adopt clarifying amendments to make the act
easier to use and understand.
The legislature does not intend chapter 28, Laws of
2000 to make, and no provision of chapter 28, Laws of 2000
shall be construed as making, a substantive change in the
sentencing reform act.
The legislature does intend to clarify that persistent
offenders are not eligible for extraordinary medical placement. [2000 c 28 § 1.]
Technical correction bill—2000 c 28: "If any amendments to RCW
9.94A.120, or any sections enacted or affected by chapter 28, Laws of 2000,
are enacted in a 2000 legislative session that do not take cognizance of
chapter 28, Laws of 2000, the code reviser shall prepare a bill for introduction in the 2001 legislative session that incorporates any such amendments
into the reorganization adopted by chapter 28, Laws of 2000 and corrects
any incorrect cross-references." [2000 c 28 § 45.]
[Title 9 RCW—page 101]
9.94A.020
Title 9 RCW: Crimes and Punishments
9.94A.020 Short title. This chapter may be known
and cited as the sentencing reform act of 1981. [1981 c 137
§ 2.]
9.94A.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the indeterminate sentence review
board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and
remit," or "collect and deliver," when used with reference to
the department, means that the department, either directly or
through a collection agreement authorized by *RCW
9.94A.760, is responsible for monitoring and enforcing the
offender’s sentence with regard to the legal financial
obligation, receiving payment thereof from the offender, and,
consistent with current law, delivering daily the entire
payment to the superior court clerk without depositing it in
a departmental account.
(3) "Commission" means the sentencing guidelines
commission.
(4) "Community corrections officer" means an employee
of the department who is responsible for carrying out
specific duties in supervision of sentenced offenders and
monitoring of sentence conditions.
(5) "Community custody" means that portion of an
offender’s sentence of confinement in lieu of earned release
time or imposed pursuant to *RCW 9.94A.505(2)(b),
9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through
9.94A.715, or 9.94A.545, served in the community subject
to controls placed on the offender’s movement and activities
by the department. For offenders placed on community
custody for crimes committed on or after July 1, 2000, the
department shall assess the offender’s risk of reoffense and
may establish and modify conditions of community custody,
in addition to those imposed by the court, based upon the
risk to community safety.
(6) "Community custody range" means the minimum
and maximum period of community custody included as part
of a sentence under RCW 9.94A.715, as established by the
commission or the legislature under *RCW 9.94A.850, for
crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during
which the offender is subject to the conditions of community
custody and/or postrelease supervision, which begins either
upon completion of the term of confinement (postrelease
supervision) or at such time as the offender is transferred to
community custody in lieu of earned release. Community
placement may consist of entirely community custody,
entirely postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the
community by the offender.
(9) "Community supervision" means a period of time
during which a convicted offender is subject to crime-related
prohibitions and other sentence conditions imposed by a
court pursuant to this chapter or RCW 16.52.200(6) or
46.61.524. Where the court finds that any offender has a
chemical dependency that has contributed to his or her
offense, the conditions of supervision may, subject to
available resources, include treatment. For purposes of the
[Title 9 RCW—page 102]
interstate compact for out-of-state supervision of parolees
and probationers, RCW 9.95.270, community supervision is
the functional equivalent of probation and should be considered the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt
pursuant to Titles 10 or 13 RCW and includes a verdict of
guilty, a finding of guilty, and acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a
court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been
convicted, and shall not be construed to mean orders
directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.
However, affirmative acts necessary to monitor compliance
with the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant’s
prior convictions and juvenile adjudications, whether in this
state, in federal court, or elsewhere.
(a) The history shall include, where known, for each
conviction (i) whether the defendant has been placed on
probation and the length and terms thereof; and (ii) whether
the defendant has been incarcerated and the length of
incarceration.
(b) A conviction may be removed from a defendant’s
criminal history only if it is vacated pursuant to RCW
9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state
statute, or if the conviction has been vacated pursuant to a
governor’s pardon.
(c) The determination of a defendant’s criminal history
is distinct from the determination of an offender score. A
prior conviction that was not included in an offender score
calculated pursuant to a former version of the sentencing
reform act remains part of the defendant’s criminal history.
(14) "Day fine" means a fine imposed by the sentencing
court that equals the difference between the offender’s net
daily income and the reasonable obligations that the offender
has for the support of the offender and any dependents.
(15) "Day reporting" means a program of enhanced
supervision designed to monitor the offender’s daily activities and compliance with sentence conditions, and in which
the offender is required to report daily to a specific location
designated by the department or the sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states
with exactitude the number of actual years, months, or days
of total confinement, of partial confinement, of community
supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial
obligation. The fact that an offender through earned release
can reduce the actual period of confinement shall not affect
the classification of the sentence as a determinate sentence.
(18) "Disposable earnings" means that part of the
earnings of an offender remaining after the deduction from
those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means
compensation paid or payable for personal services, whether
denominated as wages, salary, commission, bonuses, or
otherwise, and, notwithstanding any other provision of law
making the payments exempt from garnishment, attachment,
or other process to satisfy a court-ordered legal financial
(2002 Ed.)
Sentencing Reform Act of 1981
obligation, specifically includes periodic payments pursuant
to pension or retirement programs, or insurance policies of
any type, but does not include payments made under Title 50
RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense
other than a violent offense or a sex offense and who are
eligible for the option under RCW 9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except
possession of a controlled substance (RCW 69.50.401(d)) or
forged prescription for a controlled substance (RCW
69.50.403);
(b) Any offense defined as a felony under federal law
that relates to the possession, manufacture, distribution, or
transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under
the laws of this state would be a felony classified as a drug
offense under (a) of this subsection.
(21) "Earned release" means earned release from
confinement as provided in *RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115),
escape in the first degree (RCW 9A.76.110), escape in the
second degree (RCW 9A.76.120), willful failure to return
from furlough (**RCW 72.66.060), willful failure to return
from work release (**RCW 72.65.070), or willful failure to
be available for supervision by the department while in
community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as an escape under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular
assault (RCW 46.61.522), eluding a police officer (RCW
46.61.024), or felony hit-and-run injury-accident (RCW
46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a felony traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by
the sentencing court to be paid by the offender to the court
over a specific period of time.
(25) "First-time offender" means any person who has no
prior convictions for a felony and is eligible for the first-time
offender waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial
confinement available to offenders wherein the offender is
confined in a private residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money
that is ordered by a superior court of the state of Washington
for legal financial obligations which may include restitution
to the victim, statutorily imposed crime victims’ compensation fees as assessed pursuant to RCW 7.68.035, court costs,
county or interlocal drug funds, court-appointed attorneys’
fees, and costs of defense, fines, and any other financial
obligation that is assessed to the offender as a result of a
felony conviction. Upon conviction for vehicular assault
while under the influence of intoxicating liquor or any drug,
RCW 46.61.522(1)(b), or vehicular homicide while under the
(2002 Ed.)
9.94A.030
influence of intoxicating liquor or any drug, RCW
46.61.520(1)(a), legal financial obligations may also include
payment to a public agency of the expense of an emergency
response to the incident resulting in the conviction, subject
to RCW 38.52.430.
(28) "Most serious offense" means any of the following
felonies or a felony attempt to commit any of the following
felonies:
(a) Any felony defined under any law as a class A
felony or criminal solicitation of or criminal conspiracy to
commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age
fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a
reckless manner;
(s) Any other class B felony offense with a finding of
sexual motivation;
(t) Any other felony with a deadly weapon verdict under
*RCW 9.94A.602;
(u) Any felony offense in effect at any time prior to
December 2, 1993, that is comparable to a most serious
offense under this subsection, or any federal or out-of-state
conviction for an offense that under the laws of this state
would be a felony classified as a most serious offense under
this subsection;
(v)(i) A prior conviction for indecent liberties under
***RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws
of 1975 1st ex. sess. as it existed until July 1, 1979, RCW
9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979,
until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d)
as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July
1, 1988, if: (A) The crime was committed against a child
under the age of fourteen; or (B) the relationship between
the victim and perpetrator is included in the definition of
indecent liberties under RCW 9A.44.100(1)(c) as it existed
from July 1, 1988, through July 27, 1997, or RCW
9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997.
[Title 9 RCW—page 103]
9.94A.030
Title 9 RCW: Crimes and Punishments
(29) "Nonviolent offense" means an offense which is
not a violent offense.
(30) "Offender" means a person who has committed a
felony established by state law and is eighteen years of age
or older or is less than eighteen years of age but whose case
is under superior court jurisdiction under RCW 13.04.030 or
has been transferred by the appropriate juvenile court to a
criminal court pursuant to RCW 13.40.110. Throughout this
chapter, the terms "offender" and "defendant" are used
interchangeably.
(31) "Partial confinement" means confinement for no
more than one year in a facility or institution operated or
utilized under contract by the state or any other unit of
government, or, if home detention or work crew has been
ordered by the court, in an approved residence, for a
substantial portion of each day with the balance of the day
spent in the community. Partial confinement includes work
release, home detention, work crew, and a combination of
work crew and home detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony
considered a most serious offense; and
(ii) Has, before the commission of the offense under (a)
of this subsection, been convicted as an offender on at least
two separate occasions, whether in this state or elsewhere, of
felonies that under the laws of this state would be considered
most serious offenses and would be included in the offender
score under *RCW 9.94A.525; provided that of the two or
more previous convictions, at least one conviction must have
occurred before the commission of any of the other most
serious offenses for which the offender was previously
convicted; or
(b)(i) Has been convicted of: (A) Rape in the first
degree, rape of a child in the first degree, child molestation
in the first degree, rape in the second degree, rape of a child
in the second degree, or indecent liberties by forcible
compulsion; (B) any of the following offenses with a finding
of sexual motivation: Murder in the first degree, murder in
the second degree, homicide by abuse, kidnapping in the first
degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the
first degree, or burglary in the first degree; or (C) an attempt
to commit any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under
(b)(i) of this subsection, been convicted as an offender on at
least one occasion, whether in this state or elsewhere, of an
offense listed in (b)(i) of this subsection or any federal or
out-of-state offense or offense under prior Washington law
that is comparable to the offenses listed in (b)(i) of this
subsection. A conviction for rape of a child in the first
degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older
when the offender committed the offense. A conviction for
rape of a child in the second degree constitutes a conviction
under (b)(i) of this subsection only when the offender was
eighteen years of age or older when the offender committed
the offense.
(33) "Postrelease supervision" is that portion of an
offender’s community placement that is not community
custody.
(34) "Restitution" means a specific sum of money
ordered by the sentencing court to be paid by the offender to
[Title 9 RCW—page 104]
the court over a specified period of time as payment of
damages. The sum may include both public and private
costs.
(35) "Risk assessment" means the application of an
objective instrument supported by research and adopted by
the department for the purpose of assessing an offender’s
risk of reoffense, taking into consideration the nature of the
harm done by the offender, place and circumstances of the
offender related to risk, the offender’s relationship to any
victim, and any information provided to the department by
victims. The results of a risk assessment shall not be based
on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), actual physical control
while under the influence of intoxicating liquor or any drug
(RCW 46.61.504), reckless driving (RCW 46.61.500), or hitand-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal
conviction for an offense that under the laws of this state
would be classified as a serious traffic offense under (a) of
this subsection.
(37) "Serious violent offense" is a subcategory of
violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal
conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a serious violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW
other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW
other than RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy
to commit such crimes;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony
classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under
RCW *9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a sex offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes
for which the defendant committed the crime was for the
purpose of his or her sexual gratification.
(40) "Standard sentence range" means the sentencing
court’s discretionary range in imposing a nonappealable
sentence.
(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined
(2002 Ed.)
Sentencing Reform Act of 1981
as punishment for a crime as prescribed in chapter 9A.20
RCW, RCW 9.92.010, the statute defining the crime, or
other statute defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the
physical boundaries of a facility or institution operated or
utilized under contract by the state or any other unit of
government for twenty-four hours a day, or pursuant to
RCW 72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal
instructions and assistance provided by the department to the
offender during the two weeks prior to the offender’s
successful completion of the work ethic camp program. The
transition training shall include instructions in the offender’s
requirements and obligations during the offender’s period of
community custody.
(44) "Victim" means any person who has sustained
emotional, psychological, physical, or financial injury to
person or property as a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A
felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to
commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by
the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a
reckless manner;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony
classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a violent offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of
the community that complies with *RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program as provided in *RCW 9.94A.690 designed to
reduce recidivism and lower the cost of corrections by
requiring offenders to complete a comprehensive array of
real-world job and vocational experiences, character-building
work ethics training, life management skills development,
substance abuse rehabilitation, counseling, literacy training,
and basic adult education.
(2002 Ed.)
9.94A.030
(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as
a student in a regular course of study at school. [2002 c 175
§ 5; 2002 c 107 § 2. Prior: 2001 2nd sp.s. c 12 § 301;
2001 c 300 § 3; 2001 c 7 § 2; prior: 2001 c 287 § 4; 2001
c 95 § 1; 2000 c 28 § 2; 1999 c 352 § 8; 1999 c 197 § 1;
1999 c 196 § 2; 1998 c 290 § 3; prior: 1997 c 365 § 1;
1997 c 340 § 4; 1997 c 339 § 1; 1997 c 338 § 2; 1997 c 144
§ 1; 1997 c 70 § 1; prior: 1996 c 289 § 1; 1996 c 275 § 5;
prior: 1995 c 268 § 2; 1995 c 108 § 1; 1995 c 101 § 2;
1994 c 261 § 16; prior: 1994 c 1 § 3 (Initiative Measure
No. 593, approved November 2, 1993); 1993 c 338 § 2;
1993 c 251 § 4; 1993 c 164 § 1; prior: 1992 c 145 § 6;
1992 c 75 § 1; prior: 1991 c 348 § 4; 1991 c 290 § 3; 1991
c 181 § 1; 1991 c 32 § 1; 1990 c 3 § 602; prior: 1989 c
394 § 1; 1989 c 252 § 2; prior: 1988 c 157 § 1; 1988 c 154
§ 2; 1988 c 153 § 1; 1988 c 145 § 11; prior: 1987 c 458 §
1; 1987 c 456 § 1; 1987 c 187 § 3; 1986 c 257 § 17; 1985
c 346 § 5; 1984 c 209 § 3; 1983 c 164 § 9; 1983 c 163 § 1;
1982 c 192 § 1; 1981 c 137 § 3.]
Reviser’s note: *(1) These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
**(2) RCW 72.66.060 and 72.65.070 were repealed by 2001 c 264 §
7. Cf. 2001 c 264 § 8.
***(3) RCW 9A.88.100 was recodified as RCW 9A.44.100 pursuant
to 1979 ex.s. c 244 § 17.
(4) This section was amended by 2002 c 107 § 2 and by 2002 c 175
§ 5, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—2002 c 107: "The legislature considers the majority
opinions in State v. Cruz, 139 Wn.2d 186 (1999), and State v. Smith, Cause
No. 70683-2 (September 6, 2001), to be wrongly decided, since neither
properly interpreted legislative intent. When the legislature enacted the
sentencing reform act, chapter 9.94A RCW, and each time the legislature
has amended the act, the legislature intended that an offender’s criminal
history and offender score be determined using the statutory provisions that
were in effect on the day the current offense was committed.
Although certain prior convictions previously were not counted in the
offender score or included in the criminal history pursuant to former
versions of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions
need not be "revived" because they were never vacated. As noted in the
minority opinions in Cruz and Smith, such application of the law does not
involve retroactive application or violate ex postfacto prohibitions.
Additionally, the Washington state supreme court has repeatedly held in the
past that the provisions of the sentencing reform act act upon and punish
only current conduct; the sentencing reform act does not act upon or alter
the punishment for prior convictions. See In re Personal Restraint Petition
of Williams, 111 Wn.2d 353, (1988). The legislature has never intended to
create in an offender a vested right with respect to whether a prior
conviction is excluded when calculating an offender score or with respect
to how a prior conviction is counted in the offender score for a current
offense." [2002 c 107 § 1.]
Application—2002 c 107: "RCW 9.94A.030(13) (b) and (c) and
9.94A.525(18) apply only to current offenses committed on or after June 13,
2002. No offender who committed his or her current offense prior to June
13, 2002, may be subject to resentencing as a result of this act." [2002 c
107 § 4.]
Application—2001 2nd sp.s. c 12 §§ 301-363: "(1) Sections 301
through 363 of this act shall not affect the validity of any sentence imposed
under any other law for any offense committed before, on, or after
September 1, 2001.
(2) Sections 301 through 363 of this act shall apply to offenses
committed on or after September 1, 2001." [2001 2nd sp.s. c 12 § 503.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
[Title 9 RCW—page 105]
9.94A.030
Title 9 RCW: Crimes and Punishments
Effective date—2001 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 95 § 3.]
Finding—Intent—2001 c 7: "The legislature finds that an ambiguity
may exist regarding whether out-of-state convictions or convictions under
prior Washington law, for sex offenses that are comparable to current
Washington offenses, count when determining whether an offender is a
persistent offender. This act is intended to clarify the legislature’s intent
that out-of-state convictions for comparable sex offenses and prior
Washington convictions for comparable sex offenses shall be used to
determine whether an offender meets the definition of a persistent offender."
[2001 c 7 § 1.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1999 c 197: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 197 § 14.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 §§ 1-5: See note following RCW
9.94A.505.
Purpose—1995 c 268: "In order to eliminate a potential ambiguity
over the scope of the term "sex offense," this act clarifies that for general
purposes the definition of "sex offense" does not include any misdemeanors
or gross misdemeanors. For purposes of the registration of sex offenders
pursuant to RCW 9A.44.130, however, the definition of "sex offense" is
expanded to include those gross misdemeanors that constitute attempts,
conspiracies, and solicitations to commit class C felonies." [1995 c 268 §
1.]
Effective date—1995 c 108: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 19, 1995]." [1995 c 108 § 6.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
Severability—Effective date—1993 c 338: See notes following
RCW 72.09.400.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Effective date—1991 c 348: See note following RCW 46.61.520.
Effective date—Application—1990 c 3 §§ 601-605: See note
following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose—1989 c 252: "The purpose of this act is to create a system
that: (1) Assists the courts in sentencing felony offenders regarding the
offenders’ legal financial obligations; (2) holds offenders accountable to
victims, counties, cities, the state, municipalities, and society for the
assessed costs associated with their crimes; and (3) provides remedies for
an individual or other entities to recoup or at least defray a portion of the
loss associated with the costs of felonious behavior." [1989 c 252 § 1.]
Prospective application—1989 c 252: "Except for sections 18, 22,
23, and 24 of this act, this act applies prospectively only and not retrospectively. It applies only to offenses committed on or after the effective date
of this act." [1989 c 252 § 27.]
Effective dates—1989 c 252: "(1) Sections 1 through 17, 19 through
21, 25, 26, and 28 of this act shall take effect July 1, 1990 unless otherwise
directed by law.
[Title 9 RCW—page 106]
(2) Sections 18, 22, 23, and 24 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 c 252 § 30.]
Severability—1989 c 252: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 252 § 31.]
Application—1988 c 157: "This act applies to crimes committed
after July 1, 1988." [1988 c 157 § 7.]
Effective date—1988 c 153: "This act shall take effect July 1, 1988."
[1988 c 153 § 16.]
Application of increased sanctions—1988 c 153: "Increased
sanctions authorized by this act are applicable only to those persons
committing offenses after July 1, 1988." [1988 c 153 § 15.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: "Sections 17 through 35 of
this act shall take effect July 1, 1986." [1986 c 257 § 38.]
Effective dates—1984 c 209: See note following RCW 9.92.150.
Effective date—1983 c 163: See note following RCW 9.94A.505.
9.94A.031 "Offender" and "defendant." (Expires
July 1, 2005.) For purposes of judicial and criminal justice
forms promulgated under this chapter and related to corrections and sentencing, the terms "offender" and "defendant"
may be used interchangeably without substantive effect.
This section expires July 1, 2005. [2000 c 28 § 3.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.035 Classification of felonies not in Title 9A
RCW. For a felony defined by a statute of this state that is
not in Title 9A RCW, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is twenty
years or more, such felony shall be treated as a class A
felony for purposes of this chapter;
(2) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is eight
years or more, but less than twenty years, such felony shall
be treated as a class B felony for purposes of this chapter;
(3) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is less
than eight years, such felony shall be treated as a class C
felony for purposes of this chapter. [1996 c 44 § 1.]
9.94A.190 Terms of more than one year or less
than one year—Where served—Reimbursement of costs.
(1) A sentence that includes a term or terms of confinement
totaling more than one year shall be served in a facility or
institution operated, or utilized under contract, by the state.
Except as provided in subsection (3) or (5) of this section,
a sentence of not more than one year of confinement shall be
served in a facility operated, licensed, or utilized under
contract, by the county, or if home detention or work crew
has been ordered by the court, in the residence of either the
offender or a member of the offender’s immediate family.
(2) If a county uses a state partial confinement facility
for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse
(2002 Ed.)
Sentencing Reform Act of 1981
the state for the use of the facility as provided in this
subsection. The office of financial management shall set the
rate of reimbursement based upon the average per diem cost
per offender in the facility. The office of financial management shall determine to what extent, if any, reimbursement
shall be reduced or eliminated because of funds provided by
the legislature to the department for the purpose of covering
the cost of county use of state partial confinement facilities.
The office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of
not more than one year, and who is committed or returned
to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter
9.95 RCW, or under this chapter shall serve all terms of
confinement, including a sentence of not more than one year,
in a facility or institution operated, or utilized under contract,
by the state, consistent with the provisions of *RCW
9.94A.589.
(4) Notwithstanding any other provision of this section,
a sentence imposed pursuant to RCW 9.94A.660 which has
a standard sentence range of over one year, regardless of
length, shall be served in a facility or institution operated, or
utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.712
shall be served in a facility or institution operated, or utilized
under contract, by the state. [2001 2nd sp.s. c 12 § 313;
2000 c 28 § 4; 1995 c 108 § 4; 1991 c 181 § 5; 1988 c 154
§ 5; 1986 c 257 § 21; 1984 c 209 § 10; 1981 c 137 § 19.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.340 Equal application. The sentencing
guidelines and prosecuting standards apply equally to
offenders in all parts of the state, without discrimination as
to any element that does not relate to the crime or the
previous record of the defendant. [1983 c 115 § 5.]
9.94A.345 Timing. Any sentence imposed under this
chapter shall be determined in accordance with the law in
effect when the current offense was committed. [2000 c 26
§ 2.]
Intent—2000 c 26: "RCW 9.94A.345 is intended to cure any
ambiguity that might have led to the Washington supreme court’s decision
in State v. Cruz, Cause No. 67147-8 (October 7, 1999). A decision as to
whether a prior conviction shall be included in an individual’s offender
score should be determined by the law in effect on the day the current
offense was committed. RCW 9.94A.345 is also intended to clarify the
applicability of statutes creating new sentencing alternatives or modifying
the availability of existing alternatives." [2000 c 26 § 1.]
(2002 Ed.)
9.94A.190
9.94A.401 Introduction. These standards are intended solely for the guidance of prosecutors in the state of
Washington. They are not intended to, do not and may not
be relied upon to create a right or benefit, substantive or
procedural, enforceable at law by a party in litigation with
the state. [1983 c 115 § 14. Formerly RCW 9.94A.430.]
9.94A.411 Evidentiary sufficiency. (1) Decision not
to prosecute.
STANDARD: A prosecuting attorney may decline to
prosecute, even though technically sufficient evidence to
prosecute exists, in situations where prosecution would serve
no public purpose, would defeat the underlying purpose of
the law in question or would result in decreased respect for
the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute
which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to
decline to charge where the application of criminal sanctions
would be clearly contrary to the intent of the legislature in
enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to
charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer
in existence; and
(iii) It serves no deterrent or protective purpose in
today’s society; and
(iv) The statute has not been recently reconsidered by
the legislature.
This reason is not to be construed as the basis for
declining cases because the law in question is unpopular or
because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline
to charge where the violation of law is only technical or
insubstantial and where no public interest or deterrent
purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper
to decline to charge because the accused has been sentenced
on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any
significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be
proper to decline to charge because the accused is facing a
pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a
felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any
significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may
be proper to decline to charge where the cost of locating or
transporting, or the burden on, prosecution witnesses is
[Title 9 RCW—page 107]
9.94A.411
Title 9 RCW: Crimes and Punishments
highly disproportionate to the importance of prosecuting the
offense in question. This reason should be limited to minor
cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper
to decline charges because the motives of the complainant
are improper and prosecution would serve no public purpose,
would defeat the underlying purpose of the law in question
or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge
where immunity is to be given to an accused in order to
prosecute another where the accused’s information or testimony will reasonably lead to the conviction of others who
are responsible for more serious criminal conduct or who
represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to
charge because the victim requests that no criminal charges
be filed and the case involves the following crimes or
situations:
(i) Assault cases where the victim has suffered little or
no injury;
(ii) Crimes against property, not involving violence,
where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of
society.
Care should be taken to insure that the victim’s request
is freely made and is not the product of threats or pressure
by the accused.
The presence of these factors may also justify the
decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when
practical, and the law enforcement personnel, of the decision
not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient
admissible evidence exists, which, when considered with the
most plausible, reasonably foreseeable defense that could be
raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses
prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089,
and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a
program of treatment or counseling, so that treatment, if
determined to be beneficial, can be provided pursuant to
RCW 9.94A.670.
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make
it probable that a reasonable and objective fact-finder would
convict after hearing all the admissible evidence and the
most plausible defense that could be raised.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES
FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder
1st Degree Murder
2nd Degree Murder
1st Degree Manslaughter
[Title 9 RCW—page 108]
2nd Degree Manslaughter
1st Degree Kidnapping
2nd Degree Kidnapping
1st Degree Assault
2nd Degree Assault
3rd Degree Assault
1st Degree Assault of a Child
2nd Degree Assault of a Child
3rd Degree Assault of a Child
1st Degree Rape
2nd Degree Rape
3rd Degree Rape
1st Degree Rape of a Child
2nd Degree Rape of a Child
3rd Degree Rape of a Child
1st Degree Robbery
2nd Degree Robbery
1st Degree Arson
1st Degree Burglary
1st Degree Extortion
2nd Degree Extortion
Indecent Liberties
Incest
Vehicular Homicide
Vehicular Assault
1st Degree Child Molestation
2nd Degree Child Molestation
3rd Degree Child Molestation
1st Degree Promoting Prostitution
Intimidating a Juror
Communication with a Minor
Intimidating a Witness
Intimidating a Public Servant
Bomb Threat (if against person)
Unlawful Imprisonment
Promoting a Suicide Attempt
Riot (if against person)
Stalking
Custodial Assault
Domestic Violence Court Order Violation (RCW
10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145)
Counterfeiting (if a violation of RCW 9.16.035(4))
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson
1st Degree Escape
2nd Degree Escape
2nd Degree Burglary
1st Degree Theft
2nd Degree Theft
1st Degree Perjury
2nd Degree Perjury
1st Degree Introducing Contraband
2nd Degree Introducing Contraband
1st Degree Possession of Stolen Property
2nd Degree Possession of Stolen Property
Bribery
Bribing a Witness
Bribe received by a Witness
Bomb Threat (if against property)
1st Degree Malicious Mischief
(2002 Ed.)
Sentencing Reform Act of 1981
2nd Degree Malicious Mischief
1st Degree Reckless Burning
Taking a Motor Vehicle without Authorization
Forgery
2nd Degree Promoting Prostitution
Tampering with a Witness
Trading in Public Office
Trading in Special Influence
Receiving/Granting Unlawful Compensation
Bigamy
Eluding a Pursuing Police Vehicle
Willful Failure to Return from Furlough
Escape from Community Custody
Riot (if against property)
1st Degree Theft of Livestock
2nd Degree Theft of Livestock
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(i) The prosecutor should file charges which adequately
describe the nature of defendant’s conduct. Other offenses
may be charged only if they are necessary to ensure that the
charges:
(A) Will significantly enhance the strength of the state’s
case at trial; or
(B) Will result in restitution to all victims.
(ii) The prosecutor should not overcharge to obtain a
guilty plea. Overcharging includes:
(A) Charging a higher degree;
(B) Charging additional counts.
This standard is intended to direct prosecutors to charge
those crimes which demonstrate the nature and seriousness
of a defendant’s criminal conduct, but to decline to charge
crimes which are not necessary to such an indication.
Crimes which do not merge as a matter of law, but which
arise from the same course of conduct, do not all have to be
charged.
(b) GUIDELINES/COMMENTARY:
(i) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation
which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation
has been conducted before a decision to prosecute is made.
In ordinary circumstances the investigation should include
the following:
(A) The interviewing of all material witnesses, together
with the obtaining of written statements whenever possible;
(B) The completion of necessary laboratory tests; and
(C) The obtaining, in accordance with constitutional
requirements, of the suspect’s version of the events.
If the initial investigation is incomplete, a prosecuting
attorney should insist upon further investigation before a
decision to prosecute is made, and specify what the investigation needs to include.
(ii) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is
complete if:
(A) Probable cause exists to believe the suspect is
guilty; and
(2002 Ed.)
9.94A.411
(B) The suspect presents a danger to the community or
is likely to flee if not apprehended; or
(C) The arrest of the suspect is necessary to complete
the investigation of the crime.
In the event that the exception to the standard is applied,
the prosecuting attorney shall obtain a commitment from the
law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does
not produce sufficient evidence to meet the normal charging
standard, the complaint should be dismissed.
(iii) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation
including:
(A) Polygraph testing;
(B) Hypnosis;
(C) Electronic surveillance;
(D) Use of informants.
(iv) Pre-Filing Discussions with Defendant
Discussions with the defendant or his/her representative
regarding the selection or disposition of charges may occur
prior to the filing of charges, and potential agreements can
be reached.
(v) Pre-Filing Discussions with Victim(s)
Discussions with the victim(s) or victims’ representatives regarding the selection or disposition of charges may
occur before the filing of charges. The discussions may be
considered by the prosecutor in charging and disposition
decisions, and should be considered before reaching any
agreement with the defendant regarding these decisions.
[2000 c 119 § 28; 2000 c 28 § 17. Prior: 1999 c 322 § 6;
1999 c 196 § 11; 1996 c 93 § 2; 1995 c 288 § 3; prior:
1992 c 145 § 11; 1992 c 75 § 5; 1989 c 332 § 2; 1988 c 145
§ 13; 1986 c 257 § 30; 1983 c 115 § 15. Formerly RCW
9.94A.440.]
Reviser’s note: This section was amended by 2000 c 28 § 17 and by
2000 c 119 § 28, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2000 c 119: See note following RCW 26.50.021.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
9.94A.421 Plea agreements—Discussions—Contents
of agreements. The prosecutor and the attorney for the
defendant, or the defendant when acting pro se, may engage
in discussions with a view toward reaching an agreement
that, upon the entering of a plea to a charged offense or to
a lesser or related offense, the prosecutor will do any of the
following:
(1) Move for dismissal of other charges or counts;
(2) Recommend a particular sentence within the sentence range applicable to the offense or offenses to which
the offender pled guilty;
[Title 9 RCW—page 109]
9.94A.421
Title 9 RCW: Crimes and Punishments
(3) Recommend a particular sentence outside of the
sentence range;
(4) Agree to file a particular charge or count;
(5) Agree not to file other charges or counts; or
(6) Make any other promise to the defendant, except
that in no instance may the prosecutor agree not to allege
prior convictions.
In a case involving a crime against persons as defined
in *RCW 9.94A.411, the prosecutor shall make reasonable
efforts to inform the victim of the violent offense of the
nature of and reasons for the plea agreement, including all
offenses the prosecutor has agreed not to file, and ascertain
any objections or comments the victim has to the plea
agreement.
The court shall not participate in any discussions under
this section. [1995 c 288 § 1; 1981 c 137 § 8. Formerly
RCW 9.94A.080.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.431 Plea agreements—Information to court—
Approval or disapproval—Sentencing judge not bound.
(1) If a plea agreement has been reached by the prosecutor
and the defendant pursuant to *RCW 9.94A.421, they shall
at the time of the defendant’s plea state to the court, on the
record, the nature of the agreement and the reasons for the
agreement. The prosecutor shall inform the court on the
record whether the victim or victims of all crimes against
persons, as defined in *RCW 9.94A.411, covered by the plea
agreement have expressed any objections to or comments on
the nature of and reasons for the plea agreement. The court,
at the time of the plea, shall determine if the agreement is
consistent with the interests of justice and with the prosecuting standards. If the court determines it is not consistent
with the interests of justice and with the prosecuting standards, the court shall, on the record, inform the defendant
and the prosecutor that they are not bound by the agreement
and that the defendant may withdraw the defendant’s plea of
guilty, if one has been made, and enter a plea of not guilty.
(2) The sentencing judge is not bound by any recommendations contained in an allowed plea agreement and the
defendant shall be so informed at the time of plea. [1995 c
288 § 2; 1984 c 209 § 4; 1981 c 137 § 9. Formerly RCW
9.94A.090.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.441 Plea agreements—Criminal history. The
prosecuting attorney and the defendant shall each provide the
court with their understanding of what the defendant’s
criminal history is prior to a plea of guilty pursuant to a plea
agreement. All disputed issues as to criminal history shall
be decided at the sentencing hearing. [1981 c 137 § 10.
Formerly RCW 9.94A.100.]
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.450 Plea dispositions. STANDARD: (1)
Except as provided in subsection (2) of this section, a
[Title 9 RCW—page 110]
defendant will normally be expected to plead guilty to the
charge or charges which adequately describe the nature of
his or her criminal conduct or go to trial.
(2) In certain circumstances, a plea agreement with a
defendant in exchange for a plea of guilty to a charge or
charges that may not fully describe the nature of his or her
criminal conduct may be necessary and in the public interest.
Such situations may include the following:
(a) Evidentiary problems which make conviction on the
original charges doubtful;
(b) The defendant’s willingness to cooperate in the
investigation or prosecution of others whose criminal
conduct is more serious or represents a greater public threat;
(c) A request by the victim when it is not the result of
pressure from the defendant;
(d) The discovery of facts which mitigate the seriousness of the defendant’s conduct;
(e) The correction of errors in the initial charging
decision;
(f) The defendant’s history with respect to criminal
activity;
(g) The nature and seriousness of the offense or offenses
charged;
(h) The probable effect on witnesses. [1983 c 115 §
16.]
9.94A.460 Sentence recommendations. STANDARD:
The prosecutor may reach an agreement regarding
sentence recommendations.
The prosecutor shall not agree to withhold relevant
information from the court concerning the plea agreement.
[1983 c 115 § 17.]
9.94A.470 Armed offenders. (Effective until July 1,
2004.) Notwithstanding the current placement or listing of
crimes in categories or classifications of prosecuting standards for deciding to prosecute under *RCW 9.94A.411(2),
any and all felony crimes involving any deadly weapon
special verdict under *RCW 9.94A.602, any deadly weapon
enhancements under *RCW 9.94A.510 (3) or (4), or both,
and any and all felony crimes as defined in *RCW
9.94A.510 (3)(f) or (4)(f), or both, which are excluded from
the deadly weapon enhancements shall all be treated as
crimes against a person and subject to the prosecuting
standards for deciding to prosecute under *RCW
9.94A.411(2) as crimes against persons. [1995 c 129 § 4
(Initiative Measure No. 159).]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.470 Armed offenders. (Effective July 1,
2004.) Notwithstanding the current placement or listing of
crimes in categories or classifications of prosecuting standards for deciding to prosecute under *RCW 9.94A.411(2),
any and all felony crimes involving any deadly weapon
special verdict under *RCW 9.94A.602, any deadly weapon
enhancements under RCW 9.94A.533 (3) or (4), or both, and
any and all felony crimes as defined in RCW 9.94A.533
(2002 Ed.)
Sentencing Reform Act of 1981
(3)(f) or (4)(f), or both, which are excluded from the deadly
weapon enhancements shall all be treated as crimes against
a person and subject to the prosecuting standards for
deciding to prosecute under *RCW 9.94A.411(2) as crimes
against persons. [2002 c 290 § 14; 1995 c 129 § 4 (Initiative Measure No. 159).]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.475 Plea agreements and sentences for
certain offenders—Public records. (Effective until July 1,
2004.) Any and all recommended sentencing agreements or
plea agreements and the sentences for any and all felony
crimes shall be made and retained as public records if the
felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict
under *RCW 9.94A.602;
(4) Any felony with any deadly weapon enhancements
under *RCW 9.94A.510 (3) or (4), or both; and/or
(5) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a
firearm, unlawful possession of a firearm in the first or
second degree, and/or use of a machine gun in a felony.
[1997 c 338 § 48; 1995 c 129 § 5 (Initiative Measure No.
159). Formerly RCW 9.94A.103.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.475 Plea agreements and sentences for
certain offenders—Public records. (Effective July 1,
2004.) Any and all recommended sentencing agreements or
plea agreements and the sentences for any and all felony
crimes shall be made and retained as public records if the
felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict
under *RCW 9.94A.602;
(4) Any felony with any deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both; and/or
(5) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a
firearm, unlawful possession of a firearm in the first or
second degree, and/or use of a machine gun in a felony.
[2002 c 290 § 15; 1997 c 338 § 48; 1995 c 129 § 5 (Initiative Measure No. 159). Formerly RCW 9.94A.103.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2002 Ed.)
9.94A.470
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.480 Judicial records for sentences of certain
offenders. (Effective until July 1, 2004.) (1) A current,
newly created or reworked judgment and sentence document
for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the
sentences for any and all felony crimes kept as public
records under *RCW 9.94A.475 shall contain the clearly
printed name and legal signature of the sentencing judge.
The judgment and sentence document as defined in this
section shall also provide additional space for the sentencing
judge’s reasons for going either above or below the presumptive sentence range for any and all felony crimes
covered as public records under *RCW 9.94A.475. Both the
sentencing judge and the prosecuting attorney’s office shall
each retain or receive a completed copy of each sentencing
document as defined in this section for their own records.
(2) The sentencing guidelines commission shall be sent
a completed copy of the judgment and sentence document
upon conviction for each felony sentencing under subsection
(1) of this section and shall compile a yearly and cumulative
judicial record of each sentencing judge in regards to his or
her sentencing practices for any and all felony crimes
involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict
under *RCW 9.94A.602;
(d) Any felony with any deadly weapon enhancements
under *RCW 9.94A.510 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a
firearm, unlawful possession of a firearm in the first or
second degree, and/or use of a machine gun in a felony.
(3) The sentencing guidelines commission shall compare
each individual judge’s sentencing practices to the standard
or presumptive sentence range for any and all felony crimes
listed in subsection (2) of this section for the appropriate
offense level as defined in *RCW 9.94A.515, offender score
as defined in *RCW 9.94A.525, and any applicable deadly
weapon enhancements as defined in *RCW 9.94A.510 (3) or
(4), or both. These comparative records shall be retained
and made available to the public for review in a current,
newly created or reworked official published document by
the sentencing guidelines commission.
(4) Any and all felony sentences which are either above
or below the standard or presumptive sentence range in
subsection (3) of this section shall also mark whether the
prosecuting attorney in the case also recommended a similar
sentence, if any, which was either above or below the
presumptive sentence range and shall also indicate if the
sentence was in conjunction with an approved alternative
sentencing option including a first-time offender waiver, sex
[Title 9 RCW—page 111]
9.94A.480
Title 9 RCW: Crimes and Punishments
offender sentencing alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document
as defined in subsection (1) of this section is not sent to the
sentencing guidelines commission as required in subsection
(2) of this section, the sentencing guidelines commission
shall have the authority and shall undertake reasonable and
necessary steps to assure that all past, current, and future
sentencing documents as defined in subsection (1) of this
section are received by the sentencing guidelines commission. [1997 c 338 § 49; 1995 c 129 § 6 (Initiative Measure
No. 159). Formerly RCW 9.94A.105.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.480 Judicial records for sentences of certain
offenders. (Effective July 1, 2004.) (1) A current, newly
created or reworked judgment and sentence document for
each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the
sentences for any and all felony crimes kept as public
records under *RCW 9.94A.475 shall contain the clearly
printed name and legal signature of the sentencing judge.
The judgment and sentence document as defined in this
section shall also provide additional space for the sentencing
judge’s reasons for going either above or below the presumptive sentence range for any and all felony crimes
covered as public records under *RCW 9.94A.475. Both the
sentencing judge and the prosecuting attorney’s office shall
each retain or receive a completed copy of each sentencing
document as defined in this section for their own records.
(2) The sentencing guidelines commission shall be sent
a completed copy of the judgment and sentence document
upon conviction for each felony sentencing under subsection
(1) of this section and shall compile a yearly and cumulative
judicial record of each sentencing judge in regards to his or
her sentencing practices for any and all felony crimes
involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict
under *RCW 9.94A.602;
(d) Any felony with any deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a
firearm, unlawful possession of a firearm in the first or
second degree, and/or use of a machine gun in a felony.
(3) The sentencing guidelines commission shall compare
each individual judge’s sentencing practices to the standard
or presumptive sentence range for any and all felony crimes
listed in subsection (2) of this section for the appropriate
offense level as defined in RCW *9.94A.515 or 9.94A.518,
offender score as defined in *RCW 9.94A.525, and any
applicable deadly weapon enhancements as defined in RCW
9.94A.533 (3) or (4), or both. These comparative records
[Title 9 RCW—page 112]
shall be retained and made available to the public for review
in a current, newly created or reworked official published
document by the sentencing guidelines commission.
(4) Any and all felony sentences which are either above
or below the standard or presumptive sentence range in
subsection (3) of this section shall also mark whether the
prosecuting attorney in the case also recommended a similar
sentence, if any, which was either above or below the
presumptive sentence range and shall also indicate if the
sentence was in conjunction with an approved alternative
sentencing option including a first-time offender waiver, sex
offender sentencing alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document
as defined in subsection (1) of this section is not sent to the
sentencing guidelines commission as required in subsection
(2) of this section, the sentencing guidelines commission
shall have the authority and shall undertake reasonable and
necessary steps to assure that all past, current, and future
sentencing documents as defined in subsection (1) of this
section are received by the sentencing guidelines commission. [2002 c 290 § 16; 1997 c 338 § 49; 1995 c 129 § 6
(Initiative Measure No. 159). Formerly RCW 9.94A.105.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.500 Sentencing hearing—Presentencing
procedures—Disclosure of mental health services information. (1) Before imposing a sentence upon a defendant,
the court shall conduct a sentencing hearing. The sentencing
hearing shall be held within forty court days following
conviction. Upon the motion of either party for good cause
shown, or on its own motion, the court may extend the time
period for conducting the sentencing hearing.
Except in cases where the defendant shall be sentenced
to a term of total confinement for life without the possibility
of release or, when authorized by RCW 10.95.030 for the
crime of aggravated murder in the first degree, sentenced to
death, the court may order the department to complete a risk
assessment report. If available before sentencing, the report
shall be provided to the court.
Unless specifically waived by the court, the court shall
order the department to complete a chemical dependency
screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform
controlled substances act under chapter 69.50 RCW or a
criminal solicitation to commit such a violation under
chapter 9A.28 RCW where the court finds that the offender
has a chemical dependency that has contributed to his or her
offense. In addition, the court shall, at the time of plea or
conviction, order the department to complete a presentence
report before imposing a sentence upon a defendant who has
been convicted of a felony sexual offense. The department
(2002 Ed.)
Sentencing Reform Act of 1981
of corrections shall give priority to presentence investigations
for sexual offenders. If the court determines that the
defendant may be a mentally ill person as defined in RCW
71.24.025, although the defendant has not established that at
the time of the crime he or she lacked the capacity to
commit the crime, was incompetent to commit the crime, or
was insane at the time of the crime, the court shall order the
department to complete a presentence report before imposing
a sentence.
The court shall consider the risk assessment report and
presentence reports, if any, including any victim impact
statement and criminal history, and allow arguments from
the prosecutor, the defense counsel, the offender, the victim,
the survivor of the victim, or a representative of the victim
or survivor, and an investigative law enforcement officer as
to the sentence to be imposed.
If the court is satisfied by a preponderance of the
evidence that the defendant has a criminal history, the court
shall specify the convictions it has found to exist. All of this
information shall be part of the record. Copies of all risk
assessment reports and presentence reports presented to the
sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be
sent to the department by the clerk of the court at the
conclusion of the sentencing and shall accompany the
offender if the offender is committed to the custody of the
department. Court clerks shall provide, without charge,
certified copies of documents relating to criminal convictions
requested by prosecuting attorneys.
(2) To prevent wrongful disclosure of information
related to mental health services, as defined in RCW
71.05.445 and 71.34.225, a court may take only those steps
necessary during a sentencing hearing or any hearing in
which the department presents information related to mental
health services to the court. The steps may be taken on
motion of the defendant, the prosecuting attorney, or on the
court’s own motion. The court may seal the portion of the
record relating to information relating to mental health
services, exclude the public from the hearing during presentation or discussion of information relating to mental health
services, or grant other relief to achieve the result intended
by this subsection, but nothing in this subsection shall be
construed to prevent the subsequent release of information
related to mental health services as authorized by RCW
71.05.445, 71.34.225, or 72.09.585. Any person who otherwise is permitted to attend any hearing pursuant to chapter
7.69 or 7.69A RCW shall not be excluded from the hearing
solely because the department intends to disclose or discloses
information related to mental health services. [2000 c 75 §
8. Prior: 1999 c 197 § 3; 1999 c 196 § 4; 1998 c 260 § 2;
1988 c 60 § 1; 1986 c 257 § 34; 1985 c 443 § 6; 1984 c 209
§ 5; 1981 c 137 § 11. Formerly RCW 9.94A.110.]
Intent—2000 c 75: See note following RCW 71.05.445.
Severability—1999 c 197: See note following RCW 9.94A.030.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Intent—1998 c 260: "It is the intent of the legislature to decrease the
likelihood of recidivism and reincarceration by mentally ill offenders under
correctional supervision in the community by authorizing:
(1) The courts to request presentence reports from the department of
corrections when a relationship between mental illness and criminal
(2002 Ed.)
9.94A.500
behavior is suspected, and to order a mental status evaluation and treatment
for offenders whose criminal behavior is influenced by a mental illness; and
(2) Community corrections officers to work with community mental
health providers to support participation in treatment by mentally ill
offenders on community placement or community supervision." [1998 c
260 § 1.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.505 Sentences. (Effective until July 1, 2004.)
(1) When a person is convicted of a felony, the court shall
impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in
the following sections and as applicable in the case:
(i) Unless another term of confinement applies, the court
shall impose a sentence within the standard sentence range
established in *RCW 9.94A.510;
(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv) *RCW 9.94A.545, relating to community custody
for offenders whose term of confinement is one year or less;
(v) *RCW 9.94A.570, relating to persistent offenders;
(vi) *RCW 9.94A.540, relating to mandatory minimum
terms;
(vii) RCW 9.94A.650, relating to the first-time offender
waiver;
(viii) RCW 9.94A.660, relating to the drug offender
sentencing alternative;
(ix) RCW 9.94A.670, relating to the special sex offender
sentencing alternative;
(x) RCW 9.94A.712, relating to certain sex offenses;
(xi) *RCW 9.94A.535, relating to exceptional sentences;
(xii) *RCW 9.94A.589, relating to consecutive and
concurrent sentences.
(b) If a standard sentence range has not been established
for the offender’s crime, the court shall impose a determinate
sentence which may include not more than one year of
confinement; community restitution work; until July 1, 2000,
a term of community supervision not to exceed one year and
on and after July 1, 2000, a term of community custody not
to exceed one year, subject to conditions and sanctions as
authorized in RCW 9.94A.710 (2) and (3); and/or other legal
financial obligations. The court may impose a sentence
which provides more than one year of confinement if the
court finds reasons justifying an exceptional sentence as
provided in *RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion,
specify that the sentence be served on consecutive or
intermittent days. A sentence requiring more than thirty
days of confinement shall be served on consecutive days.
Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal
financial obligation, it shall be imposed as provided in RCW
*9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
[Title 9 RCW—page 113]
9.94A.505
Title 9 RCW: Crimes and Punishments
(5) Except as provided under *RCW 9.94A.750(4) and
9.94A.753(4), a court may not impose a sentence providing
for a term of confinement or community supervision,
community placement, or community custody which exceeds
the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) The sentencing court shall give the offender credit
for all confinement time served before the sentencing if that
confinement was solely in regard to the offense for which
the offender is being sentenced.
(7) The court shall order restitution as provided in
*RCW 9.94A.750 and 9.94A.753.
(8) As a part of any sentence, the court may impose and
enforce crime-related prohibitions and affirmative conditions
as provided in this chapter.
(9) The court may order an offender whose sentence
includes community placement or community supervision to
undergo a mental status evaluation and to participate in
available outpatient mental health treatment, if the court
finds that reasonable grounds exist to believe that the
offender is a mentally ill person as defined in RCW
71.24.025, and that this condition is likely to have influenced
the offense. An order requiring mental status evaluation or
treatment must be based on a presentence report and, if
applicable, mental status evaluations that have been filed
with the court to determine the offender’s competency or
eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
(10) In any sentence of partial confinement, the court
may require the offender to serve the partial confinement in
work release, in a program of home detention, on work
crew, or in a combined program of work crew and home
detention.
(11) In sentencing an offender convicted of a crime of
domestic violence, as defined in RCW 10.99.020, if the
offender has a minor child, or if the victim of the offense for
which the offender was convicted has a minor child, the
court may, as part of any term of community supervision,
community placement, or community custody, order the
offender to participate in a domestic violence perpetrator
program approved under RCW 26.50.150. [2002 c 289 § 6;
2002 c 175 § 6; 2001 2nd sp.s. c 12 § 312; 2001 c 10 § 2.
Prior: 2000 c 226 § 2; 2000 c 43 § 1; 2000 c 28 § 5; prior:
1999 c 324 § 2; 1999 c 197 § 4; 1999 c 196 § 5; 1999 c 147
§ 3; 1998 c 260 § 3; prior: 1997 c 340 § 2; 1997 c 338 §
4; 1997 c 144 § 2; 1997 c 121 § 2; 1997 c 69 § 1; prior:
1996 c 275 § 2; 1996 c 215 § 5; 1996 c 199 § 1; 1996 c 93
§ 1; 1995 c 108 § 3; prior: 1994 c 1 § 2 (Initiative Measure
No. 593, approved November 2, 1993); 1993 c 31 § 3; prior:
1992 c 145 § 7; 1992 c 75 § 2; 1992 c 45 § 5; prior: 1991
c 221 § 2; 1991 c 181 § 3; 1991 c 104 § 3; 1990 c 3 § 705;
1989 c 252 § 4; prior: 1988 c 154 § 3; 1988 c 153 § 2;
1988 c 143 § 21; prior: 1987 c 456 § 2; 1987 c 402 § 1;
prior: 1986 c 301 § 4; 1986 c 301 § 3; 1986 c 257 § 20;
1984 c 209 § 6; 1983 c 163 § 2; 1982 c 192 § 4; 1981 c 137
§ 12. Formerly RCW 9.94A.120.]
Reviser’s note: *(1) These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2002 c 175 § 6 and by 2002 c 289
§ 6, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
[Title 9 RCW—page 114]
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—2001 c 10: "It is the intent of the legislature to incorporate
into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws
of 2000 amendments adopted to RCW 9.94A.120 during the 2000
legislative session that did not take cognizance of the reorganization. In
addition, it is the intent of the legislature to correct any additional incorrect
cross-references and to simplify the codification of provisions within chapter
9.94A RCW.
The legislature does not intend to make, and no provision of this act
may be construed as making, a substantive change in the sentencing reform
act." [2001 c 10 § 1.]
Effective date—2001 c 10: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 10 § 7.]
Finding—Intent—2000 c 226: "The legislature finds that supervision
of offenders in the community and an offender’s payment of restitution
enhances public safety, improves offender accountability, is an important
component of providing justice to victims, and strengthens the community.
The legislature intends that all terms and conditions of an offender’s
supervision in the community, including the length of supervision and
payment of legal financial obligations, not be curtailed by an offender’s
absence from supervision for any reason including confinement in any
correctional institution. The legislature, through this act, revises the results
of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender’s
absence from supervision or subsequent incarceration acts to toll the
jurisdiction of the court or department over an offender for the purpose of
enforcing legal financial obligations." [2000 c 226 § 1.]
Severability—2000 c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 226 § 6.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Drug offender options—Report: "The Washington state institute for
public policy, in consultation with the sentencing guidelines commission
shall evaluate the impact of implementing the drug offender options
provided for in RCW 9.94A.120(6). The commission shall submit a final
report to the legislature by December 1, 2004. The report shall describe the
changes in sentencing practices related to the use of punishment options for
drug offenders and include the impact of sentencing alternatives on state
prison populations, the savings in state resources, the effectiveness of drug
treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]
Severability—1999 c 197: See note following RCW 9.94A.030.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Intent—1998 c 260: See note following RCW 9.94A.500.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—1996 c 275: "The legislature finds that improving the
supervision of convicted sex offenders in the community upon release from
incarceration is a substantial public policy goal, in that effective supervision
accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important
information to decision makers." [1996 c 275 § 1.]
Application—1996 c 275 §§ 1-5: "Sections 1 through 5, chapter 275,
Laws of 1996 apply to crimes committed on or after June 6, 1996." [1996
c 275 § 14.]
Severability—1996 c 199: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 199 § 9.]
(2002 Ed.)
Sentencing Reform Act of 1981
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Applicability—1988 c 143 §§ 21-24: "Increased sanctions authorized
by sections 21 through 24 of this act are applicable only to those persons
committing offenses after March 21, 1988." [1988 c 143 § 25.]
Effective date—1987 c 402: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 402 § 3.]
Effective date—1986 c 301 § 4: "Section 4 of this act shall take
effect July 1, 1987." [1986 c 301 § 8.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1983 c 163: "Sections 1 through 5 of this act shall
take effect on July 1, 1984." [1983 c 163 § 7.]
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.505 Sentences. (Effective July 1, 2004.) (1)
When a person is convicted of a felony, the court shall
impose punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in
the following sections and as applicable in the case:
(i) Unless another term of confinement applies, the court
shall impose a sentence within the standard sentence range
established in RCW *9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv) *RCW 9.94A.545, relating to community custody
for offenders whose term of confinement is one year or less;
(v) *RCW 9.94A.570, relating to persistent offenders;
(vi) *RCW 9.94A.540, relating to mandatory minimum
terms;
(vii) RCW 9.94A.650, relating to the first-time offender
waiver;
(viii) RCW 9.94A.660, relating to the drug offender
sentencing alternative;
(ix) RCW 9.94A.670, relating to the special sex offender
sentencing alternative;
(x) RCW 9.94A.712, relating to certain sex offenses;
(xi) *RCW 9.94A.535, relating to exceptional sentences;
(xii) *RCW 9.94A.589, relating to consecutive and
concurrent sentences.
(b) If a standard sentence range has not been established
for the offender’s crime, the court shall impose a determinate
sentence which may include not more than one year of
confinement; community restitution work; until July 1, 2000,
a term of community supervision not to exceed one year and
on and after July 1, 2000, a term of community custody not
to exceed one year, subject to conditions and sanctions as
authorized in RCW 9.94A.710 (2) and (3); and/or other legal
(2002 Ed.)
9.94A.505
financial obligations. The court may impose a sentence
which provides more than one year of confinement if the
court finds reasons justifying an exceptional sentence as
provided in *RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion,
specify that the sentence be served on consecutive or
intermittent days. A sentence requiring more than thirty
days of confinement shall be served on consecutive days.
Local jail administrators may schedule court-ordered intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal
financial obligation, it shall be imposed as provided in RCW
*9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under *RCW 9.94A.750(4) and
9.94A.753(4), a court may not impose a sentence providing
for a term of confinement or community supervision,
community placement, or community custody which exceeds
the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) The sentencing court shall give the offender credit
for all confinement time served before the sentencing if that
confinement was solely in regard to the offense for which
the offender is being sentenced.
(7) The court shall order restitution as provided in
*RCW 9.94A.750 and 9.94A.753.
(8) As a part of any sentence, the court may impose and
enforce crime-related prohibitions and affirmative conditions
as provided in this chapter.
(9) The court may order an offender whose sentence
includes community placement or community supervision to
undergo a mental status evaluation and to participate in
available outpatient mental health treatment, if the court
finds that reasonable grounds exist to believe that the
offender is a mentally ill person as defined in RCW
71.24.025, and that this condition is likely to have influenced
the offense. An order requiring mental status evaluation or
treatment must be based on a presentence report and, if
applicable, mental status evaluations that have been filed
with the court to determine the offender’s competency or
eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
(10) In any sentence of partial confinement, the court
may require the offender to serve the partial confinement in
work release, in a program of home detention, on work
crew, or in a combined program of work crew and home
detention.
(11) In sentencing an offender convicted of a crime of
domestic violence, as defined in RCW 10.99.020, if the
offender has a minor child, or if the victim of the offense for
which the offender was convicted has a minor child, the
court may, as part of any term of community supervision,
community placement, or community custody, order the
offender to participate in a domestic violence perpetrator
program approved under RCW 26.50.150. [2002 c 290 §
17; 2002 c 289 § 6; 2002 c 175 § 6; 2001 2nd sp.s. c 12 §
312; 2001 c 10 § 2. Prior: 2000 c 226 § 2; 2000 c 43 § 1;
2000 c 28 § 5; prior: 1999 c 324 § 2; 1999 c 197 § 4; 1999
c 196 § 5; 1999 c 147 § 3; 1998 c 260 § 3; prior: 1997 c
340 § 2; 1997 c 338 § 4; 1997 c 144 § 2; 1997 c 121 § 2;
1997 c 69 § 1; prior: 1996 c 275 § 2; 1996 c 215 § 5; 1996
c 199 § 1; 1996 c 93 § 1; 1995 c 108 § 3; prior: 1994 c 1
[Title 9 RCW—page 115]
9.94A.505
Title 9 RCW: Crimes and Punishments
§ 2 (Initiative Measure No. 593, approved November 2,
1993); 1993 c 31 § 3; prior: 1992 c 145 § 7; 1992 c 75 §
2; 1992 c 45 § 5; prior: 1991 c 221 § 2; 1991 c 181 § 3;
1991 c 104 § 3; 1990 c 3 § 705; 1989 c 252 § 4; prior:
1988 c 154 § 3; 1988 c 153 § 2; 1988 c 143 § 21; prior:
1987 c 456 § 2; 1987 c 402 § 1; prior: 1986 c 301 § 4;
1986 c 301 § 3; 1986 c 257 § 20; 1984 c 209 § 6; 1983 c
163 § 2; 1982 c 192 § 4; 1981 c 137 § 12. Formerly RCW
9.94A.120.]
Reviser’s note: *(1) These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2002 c 175 § 6, 2002 c 289 § 6, and
by 2002 c 290 § 17, each without reference to the other. All amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—Effective date—2002 c 289: See notes following
RCW 43.43.753.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—2001 c 10: "It is the intent of the legislature to incorporate
into the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws
of 2000 amendments adopted to RCW 9.94A.120 during the 2000
legislative session that did not take cognizance of the reorganization. In
addition, it is the intent of the legislature to correct any additional incorrect
cross-references and to simplify the codification of provisions within chapter
9.94A RCW.
The legislature does not intend to make, and no provision of this act
may be construed as making, a substantive change in the sentencing reform
act." [2001 c 10 § 1.]
Effective date—2001 c 10: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 10 § 7.]
Finding—Intent—2000 c 226: "The legislature finds that supervision
of offenders in the community and an offender’s payment of restitution
enhances public safety, improves offender accountability, is an important
component of providing justice to victims, and strengthens the community.
The legislature intends that all terms and conditions of an offender’s
supervision in the community, including the length of supervision and
payment of legal financial obligations, not be curtailed by an offender’s
absence from supervision for any reason including confinement in any
correctional institution. The legislature, through this act, revises the results
of In re Sappenfield, 980 P.2d 1271 (1999) and declares that an offender’s
absence from supervision or subsequent incarceration acts to toll the
jurisdiction of the court or department over an offender for the purpose of
enforcing legal financial obligations." [2000 c 226 § 1.]
Severability—2000 c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 226 § 6.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Drug offender options—Report: "The Washington state institute for
public policy, in consultation with the sentencing guidelines commission
shall evaluate the impact of implementing the drug offender options
provided for in RCW 9.94A.120(6). The commission shall submit a final
report to the legislature by December 1, 2004. The report shall describe the
changes in sentencing practices related to the use of punishment options for
drug offenders and include the impact of sentencing alternatives on state
prison populations, the savings in state resources, the effectiveness of drug
treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]
Severability—1999 c 197: See note following RCW 9.94A.030.
[Title 9 RCW—page 116]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Intent—1998 c 260: See note following RCW 9.94A.500.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—1996 c 275: "The legislature finds that improving the
supervision of convicted sex offenders in the community upon release from
incarceration is a substantial public policy goal, in that effective supervision
accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important
information to decision makers." [1996 c 275 § 1.]
Application—1996 c 275 §§ 1-5: "Sections 1 through 5, chapter 275,
Laws of 1996 apply to crimes committed on or after June 6, 1996." [1996
c 275 § 14.]
Severability—1996 c 199: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 199 § 9.]
Effective date—1995 c 108: See note following RCW 9.94A.030.
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Applicability—1988 c 143 §§ 21-24: "Increased sanctions authorized
by sections 21 through 24 of this act are applicable only to those persons
committing offenses after March 21, 1988." [1988 c 143 § 25.]
Effective date—1987 c 402: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 402 § 3.]
Effective date—1986 c 301 § 4: "Section 4 of this act shall take
effect July 1, 1987." [1986 c 301 § 8.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1983 c 163: "Sections 1 through 5 of this act shall
take effect on July 1, 1984." [1983 c 163 § 7.]
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.510 Table 1—Sentencing grid. (Effective
until July 1, 2004.)
(1)
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
0
1
OFFENDER SCORE
2
3
4
5
6
7
9 or
more
8
XVI
Life Sentence without Parole/Death Penalty
XV
23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m36y
240- 250- 261- 271- 281- 291- 312- 338- 370320
333
347
361
374
388
416
450
493
XIV
14y4m 15y4m 16y2m 17y
123- 134- 144- 154220
234
244
254
40y
411548
17y11m18y9m 20y5m 22y2m 25y7m 29y
165- 175- 195- 216- 257- 298265
275
295
316
357
397
(2002 Ed.)
Sentencing Reform Act of 1981
XIII
12y
123164
13y
134178
XII
9y
93123
9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
102- 111- 120- 129- 138- 162- 178- 209- 240136
147
160
171
184
216
236
277
318
XI
7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m20y5m
788695102- 111- 120- 146- 159- 185- 210102
114
125
136
147
158
194
211
245
280
X
5y
5168
5y6m 6y
576275
82
6y6m 7y
677289
96
7y6m 9y6m 10y6m 12y6m 14y6m
7798108- 129- 149102
130
144
171
198
IX
3y
3141
3y6m 4y
364148
54
4y6m 5y
465161
68
5y6m 7y6m 8y6m 10y6m 12y6m
577787108- 12975
102
116
144
171
VIII
2y
2127
2y6m 3y
263134
41
3y6m 4y
364148
54
4y6m 6y6m 7y6m 8y6m 10y6m
4667778710861
89
102
116
144
VII
18m
1520
2y
2127
2y6m 3y
263134
41
VI
13m
12+14
18m
1520
2y
2127
2y6m 3y
263134
41
V
9m
612
13m
12+14
15m
1317
18m
1520
2y2m 3y2m 4y
22334129
43
54
IV
6m
39
9m
612
13m
12+14
15m
1317
18m
1520
2y2m 3y2m 4y2m 5y2m 6y2m
223343536329
43
57
70
84
III
2m
13
5m
38
8m
412
11m
912
14m
12+16
20m
1722
2y2m 3y2m 4y2m 5y
2233435129
43
57
68
0-90
Days
4m
26
6m
39
8m
412
13m
12+14
16m
1418
20m
1722
2y2m 3y2m 4y2m
22334329
43
57
0-60
Days
0-90
Days
3m
25
4m
26
5m
38
8m
412
13m
12+14
16m
1418
II
I
14y
144192
15y
154205
16y
165219
17y
175233
3y6m 4y
364148
54
19y
195260
21y
216288
25y
257342
29y
298397
5y6m 6y6m 7y6m 8y6m
5767778775
89
102
116
3y6m 4y6m 5y6m 6y6m 7y6m
364657677748
61
75
89
102
5y
5168
6y
6282
20m
1722
7y
7296
2y2m
2229
Numbers in the first horizontal row of each seriousness
category represent sentencing midpoints in years(y) and
months(m). Numbers in the second and third rows represent
standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of
criminal attempt, solicitation, or conspiracy under chapter
9A.28 RCW, the standard sentence range is determined by
locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the
completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on
the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the
firearm enhancement or enhancements must be added to the
total period of confinement for all offenses, regardless of
which underlying offense is subject to a firearm enhance(2002 Ed.)
9.94A.510
ment. If the offender or an accomplice was armed with a
firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter
9A.28 RCW to commit one of the crimes listed in this
subsection as eligible for any firearm enhancements, the
following additional times shall be added to the standard
sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified
under RCW 9A.28.020:
(a) Five years for any felony defined under any law as
a class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection.
(b) Three years for any felony defined under any law as
a class B felony or with a statutory maximum sentence of
ten years, or both, and not covered under (f) of this subsection.
(c) Eighteen months for any felony defined under any
law as a class C felony or with a statutory maximum
sentence of five years, or both, and not covered under (f) of
this subsection.
(d) If the offender is being sentenced for any firearm
enhancements under (a), (b), and/or (c) of this subsection
and the offender has previously been sentenced for any
deadly weapon enhancements after July 23, 1995, under (a),
(b), and/or (c) of this subsection or subsection (4)(a), (b),
and/or (c) of this section, or both, all firearm enhancements
under this subsection shall be twice the amount of the
enhancement listed.
(e) Notwithstanding any other provision of law, all
firearm enhancements under this section are mandatory, shall
be served in total confinement, and shall run consecutively
to all other sentencing provisions, including other firearm or
deadly weapon enhancements, for all offenses sentenced
under this chapter. However, whether or not a mandatory
minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary
medical placement when authorized under *RCW
9.94A.728(4).
(f) The firearm enhancements in this section shall apply
to all felony crimes except the following: Possession of a
machine gun, possessing a stolen firearm, drive-by shooting,
theft of a firearm, unlawful possession of a firearm in the
first and second degree, and use of a machine gun in a
felony.
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender. If the
addition of a firearm enhancement increases the sentence so
that it would exceed the statutory maximum for the offense,
the portion of the sentence representing the enhancement
may not be reduced.
(4) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a deadly weapon other than a firearm as defined in
RCW 9.41.010 and the offender is being sentenced for one
of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of
the completed felony crime. If the offender is being
sentenced for more than one offense, the deadly weapon
[Title 9 RCW—page 117]
9.94A.510
Title 9 RCW: Crimes and Punishments
enhancement or enhancements must be added to the total
period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a
deadly weapon other than a firearm as defined in RCW
9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the
crimes listed in this subsection as eligible for any deadly
weapon enhancements, the following additional times shall
be added to the standard sentence range determined under
subsection (2) of this section based on the felony crime of
conviction as classified under RCW 9A.28.020:
(a) Two years for any felony defined under any law as
a class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection.
(b) One year for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection.
(c) Six months for any felony defined under any law as
a class C felony or with a statutory maximum sentence of
five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced under (a), (b),
and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for
any deadly weapon enhancements after July 23, 1995, under
(a), (b), and/or (c) of this subsection or subsection (3)(a),
(b), and/or (c) of this section, or both, all deadly weapon
enhancements under this subsection shall be twice the
amount of the enhancement listed.
(e) Notwithstanding any other provision of law, all
deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run
consecutively to all other sentencing provisions, including
other firearm or deadly weapon enhancements, for all
offenses sentenced under this chapter. However, whether or
not a mandatory minimum term has expired, an offender
serving a sentence under this subsection may be granted an
extraordinary medical placement when authorized under
*RCW 9.94A.728(4).
(f) The deadly weapon enhancements in this section
shall apply to all felony crimes except the following:
Possession of a machine gun, possessing a stolen firearm,
drive-by shooting, theft of a firearm, unlawful possession of
a firearm in the first and second degree, and use of a
machine gun in a felony.
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender. If the
addition of a deadly weapon enhancement increases the
sentence so that it would exceed the statutory maximum for
the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the
standard sentence range if the offender or an accomplice
committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of
the crimes listed in this subsection. If the offender or an
accomplice committed one of the crimes listed in this
subsection while in a county jail or state correctional facility,
[Title 9 RCW—page 118]
and the offender is being sentenced for an anticipatory
offense under chapter 9A.28 RCW to commit one of the
crimes listed in this subsection, the following additional
times shall be added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW
69.50.401(a)(1) (i) or (ii) or 69.50.410;
(b) Fifteen months for offenses committed under RCW
69.50.401(a)(1) (iii), (iv), and (v);
(c) Twelve months for offenses committed under RCW
69.50.401(d).
For the purposes of this subsection, all of the real
property of a state correctional facility or county jail shall be
deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to
the standard sentence range for any ranked offense involving
a violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435 or *9.94A.605.
(7) An additional two years shall be added to the
standard sentence range for vehicular homicide committed
while under the influence of intoxicating liquor or any drug
as defined by RCW 46.61.502 for each prior offense as
defined in RCW 46.61.5055. [2000 c 132 § 2; 2000 c 28 §
11. Prior: 1999 c 352 § 2; 1999 c 324 § 3; prior: 1998 c
235 § 1; 1998 c 211 § 3; prior: 1997 c 365 § 3; 1997 c 338
§ 50; 1996 c 205 § 5; 1995 c 129 § 2 (Initiative Measure
No. 159); (1994 sp.s. c 7 § 512 repealed by 1995 c 129 § 19
(Initiative Measure No. 159)); 1992 c 145 § 9; 1991 c 32 §
2; 1990 c 3 § 701; prior: 1989 c 271 § 101; 1989 c 124 §
1; 1988 c 218 § 1; 1986 c 257 § 22; 1984 c 209 § 16; 1983
c 115 § 2. Formerly RCW 9.94A.310.]
Reviser’s note: *(1) These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2000 c 28 § 11 and by 2000 c 132
§ 2, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1998 c 211: See note following RCW 46.61.5055.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—1995 c 129: "(1) The people of the state of
Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public
safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including:
Forcing the victim to comply with their demands; injuring or killing anyone
who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use
of deadly weapons by criminals, and far too often there are no deadly
weapon enhancements provided for many felonies, including murder, arson,
manslaughter, and child molestation and many other sex offenses including
child luring.
(d) Current law also fails to distinguish between gun-carrying
criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons
by criminals and closing loopholes involving armed criminals, the people
intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all
felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and
use of the deadly weapon not worth the sentence received upon conviction.
(2002 Ed.)
Sentencing Reform Act of 1981
(c) Distinguish between the gun predators and criminals carrying other
deadly weapons and provide greatly increased penalties for gun predators
and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by
tracking individual judges and holding them accountable for their sentencing
practices in relation to the state’s sentencing guidelines for serious crimes."
[1995 c 129 § 1 (Initiative Measure No. 159).]
Short title—1995 c 129: "This act shall be known and cited as the
hard time for armed crime act." [1995 c 129 § 21 (Initiative Measure No.
159).]
Severability—1995 c 129: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 129 § 22 (Initiative Measure No. 159).]
Captions not law—1995 c 129: "Captions as used in this act do not
constitute any part of the law." [1995 c 129 § 23 (Initiative Measure No.
159).]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 271 §§ 101-111: "Sections 101-111 of this act
apply to crimes committed on or after July 1, 1989." [1989 c 271 § 114.]
Severability—1989 c 271: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 271 § 606.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.510 Table 1—Sentencing grid. (Effective July
1, 2004.)
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
0
1
OFFENDER SCORE
2
3
4
5
6
7
8
9 or
more
XVI
Life Sentence without Parole/Death Penalty
XV
23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m36y
240- 250- 261- 271- 281- 291- 312- 338- 370320
333
347
361
374
388
416
450
493
XIV
14y4m 15y4m 16y2m 17y
123- 134- 144- 154220
234
244
254
17y11m18y9m 20y5m 22y2m 25y7m 29y
165- 175- 195- 216- 257- 298265
275
295
316
357
397
XIII
12y
123164
13y
134178
16y
165219
XII
9y
93123
9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
102- 111- 120- 129- 138- 162- 178- 209- 240136
147
160
171
184
216
236
277
318
XI
7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m20y5m
788695102- 111- 120- 146- 159- 185- 210102
114
125
136
147
158
194
211
245
280
X
5y
5168
5y6m 6y
576275
82
6y6m 7y
677289
96
7y6m 9y6m 10y6m 12y6m 14y6m
7798108- 129- 149102
130
144
171
198
IX
3y
3141
3y6m 4y
364148
54
4y6m 5y
465161
68
5y6m 7y6m 8y6m 10y6m 12y6m
577787108- 12975
102
116
144
171
(2002 Ed.)
14y
144192
15y
154205
17y
175233
19y
195260
21y
216288
25y
257342
40y
411548
29y
298397
9.94A.510
VIII
2y
2127
2y6m 3y
263134
41
VII
18m
1520
2y
2127
2y6m 3y
263134
41
VI
13m
12+14
18m
1520
2y
2127
2y6m 3y
263134
41
V
9m
612
13m
12+14
15m
1317
18m
1520
2y2m 3y2m 4y
22334129
43
54
IV
6m
39
9m
612
13m
12+14
15m
1317
18m
1520
2y2m 3y2m 4y2m 5y2m 6y2m
223343536329
43
57
70
84
III
2m
13
5m
38
8m
412
11m
912
14m
12+16
20m
1722
2y2m 3y2m 4y2m 5y
2233435129
43
57
68
0-90
Days
4m
26
6m
39
8m
412
13m
12+14
16m
1418
20m
1722
2y2m 3y2m 4y2m
22334329
43
57
0-60
Days
0-90
Days
3m
25
4m
26
5m
38
8m
412
13m
12+14
16m
1418
II
I
3y6m 4y
364148
54
4y6m 6y6m 7y6m 8y6m 10y6m
4667778710861
89
102
116
144
3y6m 4y
364148
54
5y6m 6y6m 7y6m 8y6m
5767778775
89
102
116
3y6m 4y6m 5y6m 6y6m 7y6m
364657677748
61
75
89
102
5y
5168
6y
6282
20m
1722
7y
7296
2y2m
2229
Numbers in the first horizontal row of each seriousness
category represent sentencing midpoints in years(y) and
months(m). Numbers in the second and third rows represent
standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day. [2002 c 290 § 10.
Prior: 2000 c 132 § 2; 2000 c 28 § 11; prior: 1999 c 352
§ 2; 1999 c 324 § 3; prior: 1998 c 235 § 1; 1998 c 211 §
3; prior: 1997 c 365 § 3; 1997 c 338 § 50; 1996 c 205 § 5;
1995 c 129 § 2 (Initiative Measure No. 159); (1994 sp.s. c
7 § 512 repealed by 1995 c 129 § 19 (Initiative Measure No.
159)); 1992 c 145 § 9; 1991 c 32 § 2; 1990 c 3 § 701; prior:
1989 c 271 § 101; 1989 c 124 § 1; 1988 c 218 § 1; 1986 c
257 § 22; 1984 c 209 § 16; 1983 c 115 § 2. Formerly RCW
9.94A.310.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1998 c 211: See note following RCW 46.61.5055.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—1995 c 129: "(1) The people of the state of
Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public
safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including:
Forcing the victim to comply with their demands; injuring or killing anyone
who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use
of deadly weapons by criminals, and far too often there are no deadly
weapon enhancements provided for many felonies, including murder, arson,
manslaughter, and child molestation and many other sex offenses including
child luring.
(d) Current law also fails to distinguish between gun-carrying
criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons
by criminals and closing loopholes involving armed criminals, the people
intend to:
[Title 9 RCW—page 119]
9.94A.510
Title 9 RCW: Crimes and Punishments
(a) Stigmatize the carrying and use of any deadly weapons for all
felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and
use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other
deadly weapons and provide greatly increased penalties for gun predators
and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by
tracking individual judges and holding them accountable for their sentencing
practices in relation to the state’s sentencing guidelines for serious crimes."
[1995 c 129 § 1 (Initiative Measure No. 159).]
Short title—1995 c 129: "This act shall be known and cited as the
hard time for armed crime act." [1995 c 129 § 21 (Initiative Measure No.
159).]
Severability—1995 c 129: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 129 § 22 (Initiative Measure No. 159).]
Captions not law—1995 c 129: "Captions as used in this act do not
constitute any part of the law." [1995 c 129 § 23 (Initiative Measure No.
159).]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 271 §§ 101-111: "Sections 101-111 of this act
apply to crimes committed on or after July 1, 1989." [1989 c 271 § 114.]
Severability—1989 c 271: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 271 § 606.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Rape of a Child 2 (RCW 9A.44.076)
X
Child Molestation 1 (RCW
9A.44.083)
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW
70.74.280(3))
Manufacture of methamphetamine
(RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from
Schedule I or II, or
flunitrazepam from Schedule IV
to someone under 18 (RCW
69.50.406)
Sexually Violent Predator Escape
(RCW 9A.76.115)
IX
Assault of a Child 2 (RCW
9A.36.130)
Controlled Substance Homicide
(RCW 69.50.415)
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW
46.52.020(4)(a))
Homicide by Watercraft, by being
under the influence of intoxicating liquor or any drug (RCW
79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive
2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from
Schedule III, IV, or V or a
nonnarcotic, except
flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years
junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW
9.68A.040)
Vehicular Homicide, by being under
the influence of intoxicating
liquor or any drug (RCW
46.61.520)
VIII
Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to
deliver methamphetamine (RCW
69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless
manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
9.94A.515 Table 2—Crimes included within each
seriousness level. (Expires July 1, 2004.)
TABLE 2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW
10.95.020)
XV
Homicide by abuse (RCW
9A.32.055)
Malicious explosion 1 (RCW
70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV
Murder 2 (RCW 9A.32.050)
XIII
Malicious explosion 2 (RCW
70.74.280(2))
Malicious placement of an explosive
1 (RCW 70.74.270(1))
XII
Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW
9A.36.120)
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
[Title 9 RCW—page 120]
(2002 Ed.)
Sentencing Reform Act of 1981
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with
intent to deliver heroin or cocaine (when the offender has a
criminal history in this state or
any other state that includes a
sex offense or serious violent
offense or the Washington
equivalent) (RCW
69.50.401(a)(1)(i))
Possession of Ephedrine or any of its
Salts or Isomers or Salts of Isomers, Pseudoephedrine or any of
its Salts or Isomers or Salts of
Isomers, Pressurized Ammonia
Gas, or Pressurized Ammonia
Gas Solution with intent to
manufacture methamphetamine
(RCW 69.50.440)
Promoting Prostitution 1 (RCW
9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance
(RCW 69.50.410)
Theft of Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation
of any vehicle in a reckless
manner (RCW 46.61.520)
VII
(2002 Ed.)
Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW
9A.44.086)
Civil Disorder Training (RCW
9A.48.120)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others
(RCW 79A.60.050)
Indecent Liberties (without forcible
compulsion) (RCW
9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW
9A.76.140)
Involving a minor in drug dealing
(RCW 69.50.401(f))
Malicious placement of an explosive
3 (RCW 70.74.270(3))
Manufacture, deliver, or possess with
intent to deliver heroin or cocaine (except when the offender
has a criminal history in this
state or any other state that
includes a sex offense or serious
violent offense or the Washington equivalent) (RCW
69.50.401(a)(1)(i))
9.94A.515
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW
9.68A.060)
Unlawful Possession of a Firearm in
the first degree (RCW
9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW
9.41.225)
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)
VI
Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW
9A.72.160)
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II (except heroin
or cocaine) or flunitrazepam
from Schedule IV (RCW
69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia
(RCW 69.55.020)
V
Abandonment of dependent person 1
(RCW 9A.42.060)
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW
9A.44.089)
Criminal Mistreatment 1 (RCW
9A.42.020)
Custodial Sexual Misconduct 1
(RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or
over to person under eighteen
(RCW 69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040,
10.99.050, 26.09.300, 26.10.220,
26.26.138, 26.50.110, 26.52.070,
or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit
(RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW
9A.82.040)
[Title 9 RCW—page 121]
9.94A.515
Title 9 RCW: Crimes and Punishments
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW
9.94.070)
Possession of a Stolen Firearm
(RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1
(RCW 9A.76.070)
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)
Sexually Violating Human Remains
(RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV
Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW
79A.60.060)
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW
9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Endangerment with a Controlled
Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW
46.52.020(4)(b))
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW
9.35.020(2)(a))
Indecent Exposure to Person Under
Age Fourteen (subsequent sex
offense) (RCW 9A.88.010)
Influencing Outcome of Sporting
Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen
Property (RCW 9A.82.050(2))
Malicious Harassment (RCW
9A.36.080)
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or
nonnarcotics from Schedule I-V
(except marijuana, amphetamine,
methamphetamines, or
flunitrazepam) (RCW
69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW
9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW
9A.56.080)
Threats to Bomb (RCW 9.61.160)
[Title 9 RCW—page 122]
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and
(2))
Vehicular Assault, by being under
the influence of intoxicating
liquor or any drug, or by the
operation or driving of a vehicle
in a reckless manner (RCW
46.61.522)
Willful Failure to Return from Furlough (*RCW 72.66.060)
III
Abandonment of dependent person 2
(RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW
9A.36.140)
Bail Jumping with class B or C
Felony (RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW
9A.46.120)
Criminal Mistreatment 2 (RCW
9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a
controlled substance (RCW
69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
Introducing Contraband 2 (RCW
9A.76.150)
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(a)(6))
Malicious Injury to Railroad Property
(RCW 81.60.070)
Manufacture, deliver, or possess with
intent to deliver marijuana
(RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess
with intent to distribute an imitation controlled substance (RCW
69.52.030(1))
Patronizing a Juvenile Prostitute
(RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device
(RCW 9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW
9.41.190)
Promoting Prostitution 2 (RCW
9A.88.080)
Recklessly Trafficking in Stolen
Property (RCW 9A.82.050(1))
(2002 Ed.)
Sentencing Reform Act of 1981
Securities Act violation (RCW
21.20.400)
Tampering with a Witness (RCW
9A.72.120)
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230)
Theft of Livestock 2 (RCW
9A.56.080)
Unlawful Imprisonment (RCW
9A.40.040)
Unlawful possession of firearm in
the second degree (RCW
9.41.040(1)(b))
Unlawful Use of Building for Drug
Purposes (RCW 69.53.010)
Vehicular Assault, by the operation
or driving of a vehicle with
disregard for the safety of others
(RCW 46.61.522)
Willful Failure to Return from Work
Release (*RCW 72.65.070)
II
I
(2002 Ed.)
Computer Trespass 1 (RCW
9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW
69.50.401(b))
Escape from Community Custody
(RCW 72.09.310)
Health Care False Claims (RCW
48.80.030)
Identity Thf 2 (RCW 9.35.020(2)(b))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW
9A.48.070)
Possession of controlled substance
that is either heroin or narcotics
from Schedule I or II or
flunitrazepam from Schedule IV
(RCW 69.50.401(d))
Possession of phencyclidine (PCP)
(RCW 69.50.401(d))
Possession of Stolen Property 1
(RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Leasepurchased Property (valued at
one thousand five hundred dollars or more) (RCW
9A.56.096(4))
Trafficking in Insurance Claims
(RCW 48.30A.015)
Unlawful Practice of Law (RCW
2.48.180)
Unlicensed Practice of a Profession
or Business (RCW
18.130.190(7))
Attempting to Elude a Pursuing
Police Vehicle (RCW 46.61.024)
9.94A.515
False Verification for Welfare (RCW
74.08.055)
Forged Prescription (RCW
69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW
9A.48.080)
Possess Cotrolled Substance that is a
Narcotic from Schedule III, IV,
or V or Non-narcotic from
Schedule I-V (except phencyclidine or flunitrazepam) (RCW
69.50.401(d))
Possession of Stolen Property 2
(RCW 9A.56.160)
Reckless Burning 1 (RCW
9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Leasepurchased Property (valued at
two hundred fifty dollars or
more but less than one thousand
five hundred dollars) (RCW
9A.56.096(4))
Unlawful Issuance of Checks or
Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW
9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
[2002 c 340 § 2; 2002 c 324 § 2; 2002 c 290 § 2; 2002 c
253 § 4; 2002 229 § 2; 2002 c 134 § 2; 2002 c 133 § 4.
Prior: 2001 2nd sp.s. c 12 § 361; 2001 c 300 § 4; 2001 c
217 § 12; 2001 c 17 § 1; prior: 2001 c 310 § 4; 2001 c 287
§ 3; 2001 c 224 § 3; 2001 c 222 § 24; 2001 c 207 § 3; 2000
c 225 § 5; 2000 c 119 § 17; 2000 c 66 § 2; prior: 1999 c
352 § 3; 1999 c 322 § 5; 1999 c 45 § 4; prior: 1998 c 290
§ 4; 1998 c 219 § 4; 1998 c 82 § 1; 1998 c 78 § 1; prior:
1997 c 365 § 4; 1997 c 346 § 3; 1997 c 340 § 1; 1997 c 338
§ 51; 1997 c 266 § 15; 1997 c 120 § 5; prior: 1996 c 302
§ 6; 1996 c 205 § 3; 1996 c 36 § 2; prior: 1995 c 385 § 2;
1995 c 285 § 28; 1995 c 129 § 3 (Initiative Measure No.
159); prior: (1994 sp.s. c 7 § 510 repealed by 1995 c 129
§ 19 (Initiative Measure No. 159)); 1994 c 275 § 20; 1994
c 53 § 2; prior: 1992 c 145 § 4; 1992 c 75 § 3; 1991 c 32
§ 3; 1990 c 3 § 702; prior: 1989 2nd ex.s. c 1 § 3; 1989 c
412 § 3; 1989 c 405 § 1; 1989 c 271 § 102; 1989 c 99 § 1;
prior: 1988 c 218 § 2; 1988 c 145 § 12; 1988 c 62 § 2;
prior: 1987 c 224 § 1; 1987 c 187 § 4; 1986 c 257 § 23;
1984 c 209 § 17; 1983 c 115 § 3. Formerly RCW
9.94A.320.]
Reviser’s note: *(1) RCW 72.66.060 and 72.65.070 were repealed
by 2001 c 264 § 7. Cf. 2001 c 264 § 8.
(2) This section was amended by 2002 c 133 § 4, 2002 c 134 § 2,
2002 c 229 § 2, 2002 c 253 § 4, 2002 c 290 § 2, 2002 c 324 § 2, and by
2002 c 340 § 2, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Study and report—2002 c 324: See note following RCW 9A.56.070.
[Title 9 RCW—page 123]
9.94A.515
Title 9 RCW: Crimes and Punishments
Effective date—2002 c 290 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2002, and apply to crimes committed on or after July 1,
2002." [2002 c 290 § 29.]
Expiration date—2002 c 290 § 2: "Section 2 of this act expires July
1, 2004." [2002 c 290 § 30.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Alphabetization—1999 c 352: "The code reviser shall alphabetize
the offenses within each seriousness level in RCW 9.94A.320, including any
offenses added in the 1999 legislative session." [1999 c 352 § 6.]
Application—1999 c 352 §§ 3-5: "The amendments made by
sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses
committed on or after July 25, 1999, except that the amendments made by
chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall
apply to offenses committed on or after July 1, 2000." [1999 c 352 § 7.]
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on
or after July 1, 1998." [1998 c 78 § 2.]
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following
RCW 43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note
following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after
July 1, 1989." [1989 c 99 § 2.]
[Title 9 RCW—page 124]
Effective date—1989 c 99: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 99 § 3.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1987. It shall apply to crimes committed on or after
July 1, 1987." [1987 c 224 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.515 Table 2—Crimes included within each
seriousness level. (Effective July 1, 2004.)
TABLE 2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW 10.95.020)
XV
Homicide by abuse (RCW
9A.32.055)
Malicious explosion 1 (RCW
70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV
Murder 2 (RCW 9A.32.050)
XIII
Malicious explosion 2 (RCW
70.74.280(2))
Malicious placement of an explosive
1 (RCW 70.74.270(1))
XII
Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW
9A.36.120)
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XI
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X
Child Molestation 1 (RCW
9A.44.083)
Indecent Lierties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW
70.74.280(3))
Manufacture of methamphetamine
(RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from
Schedule I or II, or
flunitrazepam from Schedule IV
to someone under 18 (RCW
69.50.406)
(2002 Ed.)
Sentencing Reform Act of 1981
Vehicular Homicide, by the operation
of any vehicle in a reckless
manner (RCW 46.61.520)
Sexually Violent Predator Escape
(RCW 9A.76.115)
IX
VIII
(2002 Ed.)
Assault of a Child 2 (RCW
9A.36.130)
Controlled Substance Homicide
(RCW 69.50.415)
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW
46.52.020(4)(a))
Homicide by Watercraft, by being
under the influence of intoxicating liquor or any drug (RCW
79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive
2 (RCW 70.74.270(2))
Over 18 and deliver narcotic from
Schedule III, IV, or V or a
nonnarcotic, except
flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years
junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW
9.68A.040)
Vehicular Homicide, by being under
the influence of intoxicating
liquor or any drug (RCW
46.61.520)
Arson 1 (RCW 9A.48.020)
Deliver or possess with intent to
deliver methamphetamine (RCW
69.50.401(a)(1)(ii))
Homicide by Watercraft, by the operation of any vessel in a reckless
manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with
intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of Ephedrine or any of its
Salts or Isomers or Salts of Isomers, Pseudoephedrine or any of
its Salts or Isomers or Salts of
Isomers, Pressurized Ammonia
Gas, or Pressurized Ammonia
Gas Solution with intent to
manufacture methamphetamine
(RCW 69.50.440)
Promoting Prostitution 1 (RCW
9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance
(RCW 69.50.410)
Theft of Ammonia (RCW 69.55.010)
9.94A.515
VII
Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW
9A.44.086)
Civil Disorder Training (RCW
9A.48.120)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others
(RCW 79A.60.050)
Indecent Liberties (without forcible
compulsion) (RCW
9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW
9A.76.140)
Involving a minor in drug dealing
(RCW 69.50.401(f))
Malicious placement of an explosive
3 (RCW 70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW
9.68A.060)
Unlawful Possession of a Firearm in
the first degree (RCW
9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW
9.41.225)
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)
VI
Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW
9A.72.160)
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II (except heroin
or cocaine) or flunitrazepam
from Schedule IV (RCW
69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia
(RCW 69.55.020)
V
Abandonment of dependent person 1
(RCW 9A.42.060)
[Title 9 RCW—page 125]
9.94A.515
Title 9 RCW: Crimes and Punishments
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW
9A.44.089)
Criminal Mistreatment 1 (RCW
9A.42.020)
Custodial Sexual Misconduct 1
(RCW 9A.44.160)
Delivery of imitation controlled substance by person eighteen or
over to person under eighteen
(RCW 69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040,
10.99.050, 26.09.300, 26.10.220,
26.26.138, 26.50.110, 26.52.070,
or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit
(RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW
9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW
9.94.070)
Possession of a Stolen Firearm
(RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1
(RCW 9A.76.070)
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)
Sexually Violating Human Remains
(RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070(1))
IV
Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW
79A.60.060)
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW
9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Endangerment with a Controlled
Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW
46.52.020(4)(b))
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))
[Title 9 RCW—page 126]
Identity Theft 1 (RCW
9.35.020(2)(a))
Indecent Exposure to Person Under
Age Fourteen (subsequent sex
offense) (RCW 9A.88.010)
Influencing Outcome of Sporting
Event (RCW 9A.82.070)
Knowingly Trafficking in Stolen
Property (RCW 9A.82.050(2))
Malicious Harassment (RCW
9A.36.080)
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or
nonnarcotics from Schedule I-V
(except marijuana, amphetamine,
methamphetamines, or
flunitrazepam) (RCW
69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW
9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW
9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and
(2))
Vehicular Assault, by being under
the influence of intoxicating
liquor or any drug, or by the
operation or driving of a vehicle
in a reckless manner (RCW
46.61.522)
Willful Failure to Return from Furlough (*RCW 72.66.060)
III
Abandonment of dependent person 2
(RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW
9A.36.140)
Bail Jumping with class B or C
Felony (RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW
9A.46.120)
Criminal Mistreatment 2 (RCW
9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a
controlled substance (RCW
69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
(2002 Ed.)
Sentencing Reform Act of 1981
Introducing Contraband 2 (RCW
9A.76.150)
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(a)(6))
Malicious Injury to Railroad Property
(RCW 81.60.070)
Manufacture, deliver, or possess with
intent to deliver marijuana
(RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess
with intent to distribute an imitation controlled substance (RCW
69.52.030(1))
Patronizing a Juvenile Prostitute
(RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device
(RCW 9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW
9.41.190)
Promoting Prostitution 2 (RCW
9A.88.080)
Recklessly Trafficking in Stolen
Property (RCW 9A.82.050(1))
Securities Act violation (RCW
21.20.400)
Tampering with a Witness (RCW
9A.72.120)
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230)
Theft of Livestock 2 (RCW
9A.56.080)
Unlawful Imprisonment (RCW
9A.40.040)
Unlawful possession of firearm in
the second degree (RCW
9.41.040(1)(b))
Unlawful Use of Building for Drug
Purposes (RCW 69.53.010)
Vehicular Assault, by the operation
or driving of a vehicle with
disregard for the safety of others
(RCW 46.61.522)
Willful Failure to Return from Work
Release (*RCW 72.65.070)
II
(2002 Ed.)
Computer Trespass 1 (RCW
9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled substance (RCW
69.50.401(b))
Escape from Community Custody
(RCW 72.09.310)
Health Care False Claims (RCW
48.80.030)
Identity Theft 2 (RCW
9.35.020(2)(b))
9.94A.515
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW
9A.48.070)
Possession of controlled substance
that is either heroin or narcotics
from Schedule I or II or
flunitrazepam from Schedule IV
(RCW 69.50.401(d))
Possession of phencyclidine (PCP)
(RCW 69.50.401(d))
Possession of Stolen Property 1
(RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Leasepurchased Property (valued at
one thousand five hundred dollars or more) (RCW
9A.56.096(4))
Trafficking in Insurance Claims
(RCW 48.30A.015)
Unlawful Practice of Law (RCW
2.48.180)
Unlicensed Practice of a Profession
or Business (RCW
18.130.190(7))
I
Attempting to Elude a Pursuing
Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW
74.08.055)
Forged Prescription (RCW
69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW
9A.48.080)
Possess Controlled Substance that is
a Narcotic from Schedule III,
IV, or V or Non-narcotic from
Schedule I-V (except phencyclidine or flunitrazepam) (RCW
69.50.401(d))
Possession of Stolen Property 2
(RCW 9A.56.160)
Reckless Burning 1 (RCW
9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Leasepurchased Property (valued at
two hundred fifty dollars or
more but less than one thousand
five hundred dollars) (RCW
9A.56.096(4))
Unlawful Issuance of Checks or
Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW
9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
[Title 9 RCW—page 127]
9.94A.515
Title 9 RCW: Crimes and Punishments
[2002 c 340 § 2; 2002 c 324 § 2; 2002 c 253 § 4; 2002 c
229 § 2; 2002 c 134 § 2; 2002 c 133 § 4. Prior: 2001 2nd
sp.s. c 12 § 361; 2001 c 300 § 4; 2001 c 217 § 12; 2001 c
17 § 1; prior: 2001 c 310 § 4; 2001 c 287 § 3; 2001 c 224
§ 3; 2001 c 222 § 24; 2001 c 207 § 3; 2000 c 225 § 5; 2000
c 119 § 17; 2000 c 66 § 2; prior: 1999 c 352 § 3; 1999 c
322 § 5; 1999 c 45 § 4; prior: 1998 c 290 § 4; 1998 c 219
§ 4; 1998 c 82 § 1; 1998 c 78 § 1; prior: 1997 c 365 § 4;
1997 c 346 § 3; 1997 c 340 § 1; 1997 c 338 § 51; 1997 c
266 § 15; 1997 c 120 § 5; prior: 1996 c 302 § 6; 1996 c
205 § 3; 1996 c 36 § 2; prior: 1995 c 385 § 2; 1995 c 285
§ 28; 1995 c 129 § 3 (Initiative Measure No. 159); prior:
(1994 sp.s. c 7 § 510 repealed by 1995 c 129 § 19 (Initiative
Measure No. 159)); 1994 c 275 § 20; 1994 c 53 § 2; prior:
1992 c 145 § 4; 1992 c 75 § 3; 1991 c 32 § 3; 1990 c 3 §
702; prior: 1989 2nd ex.s. c 1 § 3; 1989 c 412 § 3; 1989 c
405 § 1; 1989 c 271 § 102; 1989 c 99 § 1; prior: 1988 c
218 § 2; 1988 c 145 § 12; 1988 c 62 § 2; prior: 1987 c 224
§ 1; 1987 c 187 § 4; 1986 c 257 § 23; 1984 c 209 § 17;
1983 c 115 § 3. Formerly RCW 9.94A.320.]
Reviser’s note: *(1) RCW 72.66.060 and 72.65.070 were repealed
by 2001 c 264 § 7. Cf. 2001 c 264 § 8.
(2) This section was amended by 2002 c 133 § 4, 2002 c 134 § 2,
2002 c 229 § 2, 2002 c 253 § 4, 2002 c 324 § 2, and by 2002 c 340 § 2,
each without reference to the other. All amendments are incorporated in the
publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Alphabetization—1999 c 352: "The code reviser shall alphabetize
the offenses within each seriousness level in RCW 9.94A.320, including any
offenses added in the 1999 legislative session." [1999 c 352 § 6.]
Application—1999 c 352 §§ 3-5: "The amendments made by
sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses
committed on or after July 25, 1999, except that the amendments made by
chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall
apply to offenses committed on or after July 1, 2000." [1999 c 352 § 7.]
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on
or after July 1, 1998." [1998 c 78 § 2.]
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
[Title 9 RCW—page 128]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following
RCW 43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note
following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after
July 1, 1989." [1989 c 99 § 2.]
Effective date—1989 c 99: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 99 § 3.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1987. It shall apply to crimes committed on or after
July 1, 1987." [1987 c 224 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.515 Table 2—Crimes included within each seriousness
level (as amended by 2002 c 290 § 7). (Effective July 1, 2004.)
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI
Aggravated Murder 1 (RCW 10.95.020)
XV
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV
Murder 2 (RCW 9A.32.050)
XIII
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW
70.74.270(1))
XII
Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1
(RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Chil1 (RCW 9A.44.073)
XI
Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X
Child Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion)
(RCW 9A.44.100(1)(a))
(2002 Ed.)
Sentencing Reform Act of 1981
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
((Manufacture of methamphetamine (RCW
69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine,
a narcotic from Schedule I or II, or
flunitrazepam from Schedule IV to
someone under 18 (RCW 69.50.406)))
Sexually Violent Predator Escape (RCW
9A.76.115)
IX
Assault of a Child 2 (RCW 9A.36.130)
((Controlled Substance Homicide (RCW
69.50.415)))
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW 46.52.020(4)(a))
Homicide by Watercraft, by being under the
influence of intoxicating liquor or any
drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW
70.74.270(2))
((Over 18 and deliver narcotic from Schedule
III, IV, or V or a nonnarcotic, except
flunitrazepam or methamphetamine, from
Schedule I-V to someone under 18 and
3 years junior (RCW 69.50.406)))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug
(RCW 46.61.520)
VIII
Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in
sexually explicit conduct (RCW
9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the
safety of others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
((Involving a minor in drug dealing (RCW
69.50.401(f))))
Malicious placement of an explosive 3 (RCW
70.74.270(3))
Sending, bringing into state depictions of minor engaged in sexually explicit conduct
(RCW 9.68A.060)
Unlawful Possession of a Firearm in the first
degree (RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a
Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the
safety of others (RCW 46.61.520)
VI
Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110,
9A.72.130)
Malicious placement of an imitation device 2
(RCW 70.74.272(1)(b))
((Manufacture, deliver, or possess with intent
to deliver narcotics from Schedule I or II
(except heroin or cocaine) or
flunitrazepam from Schedule IV (RCW
69.50.401(a)(1)(i))))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Anhydrous Ammonia
(RCW 69.55.020)
V
Abandonment of dependent person 1 (RCW
9A.42.060)
Advancing money or property for extortionate
extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW
9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW
9A.44.160)
((Delivery of imitation controlled substance by
person eighteen or over to person under
eighteen (RCW 69.52.030(2))))
Domestic Violence Court Order Violation
(RCW 10.99.040, 10.99.050, 26.09.300,
26.10.220, 26.26.138, 26.50.110,
26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW
9A.82.020)
Extortionate Means to Collect Extensions of
Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW
9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.
76.070)
Sexual Misconduct with a Minor 1 (RCW
9A.44.093)
Sexually Violating Human Remains (RCW
9A.44.105)
Stalking (RCW 9A.46.110)
IV
Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness
(RCW 9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Arson 1 (RCW 9A.48.020)
((Deliver or possess with intent to deliver
methamphetamine (RCW
69.50.401(a)(1)(ii))))
Homicide by Watercraft, by the operation of
any vessel in a reckless manner (RCW
79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
((Manufacture, deliver, or possess with intent
to deliver amphetamine (RCW
69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to
deliver heroin or cocaine (RCW
69.50.401(a)(1)(i))
Possession of Ephedrine, Pseudoephedrine, or
Anhydrous Ammonia with intent to
manufacture methamphetamine (RCW
69.50.440)))
Promoting Prostitution 1 (RCW 9A.88.070)
((Selling for profit (controlled or counterfeit)
any controlled substance (RCW
69.50.410)))
Theft of Anhydrous Ammonia (RCW
69.55.010)
Vehicular Homicide, by the operation of any
vehicle in a reckless manner (RCW
46.61.520)
VII
(2002 Ed.)
9.94A.515
[Title 9 RCW—page 129]
9.94A.515
Title 9 RCW: Crimes and Punishments
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW 46.52.020(4)(b))
Hit and Run with Vessel—Injury Accident
(RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2)(a))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW
9A.88.010)
Influencing Outcome of Sporting Event (RCW
9A.82.070)
Knowingly Trafficking in Stolen Property
(RCW 9A.82.050(2))
Malicious Harassment (RCW 9A.36.080)
((Manufacture, deliver, or possess with intent
to deliver narcotics from Schedule III,
IV, or V or nonnarcotics from Schedule
I-V (except marijuana, amphetamine,
methamphetamines, or flunitrazepam)
(RCW 69.50.401(a)(1) (iii) through (v))))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering
(RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the influence of intoxicating liquor or any drug,
or by the operation or driving of a vehicle in a reckless manner (RCW
46.61.522)
Willful Failure to Return from Furlough
(*RCW 72.66.060)
III
Abandonment of dependent person 2 (RCW
9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW
9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral
Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
((Delivery of a material in lieu of a controlled
substance (RCW 69.50.401(c))))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
((Maintaining a Dwelling or Place for Controlled Substances (RCW
69.50.402(a)(6))))
Malicious Injury to Railroad Property (RCW
81.60.070)
((Manufacture, deliver, or possess with intent
to deliver marijuana (RCW
69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent
to distribute an imitation controlled
substance (RCW 69.52.030(1))))
Patronizing a Juvenile Prostitute (RCW
9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW
9.40.120)
Possession of Machine Gun or Short-Barreled
Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property
(RCW 9A.82.050(1))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
[Title 9 RCW—page 130]
Telephone Harassment (subsequent conviction
or threat of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second
degree (RCW 9.41.040(1)(b))
((Unlawful Use of Building for Drug Purposes
(RCW 69.53.010)))
Vehicular Assault, by the operation or driving
of a vehicle with disregard for the safety
of others (RCW 46.61.522)
Willful Failure to Return from Work Release
(*RCW 72.65.070)
II
Computer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
((Create, deliver, or possess a counterfeit
controlled substance (RCW
69.50.401(b))))
Escape from Community Custody (RCW
72.09.310)
Health Care False Claims (RCW 48.80.030)
Identity Theft 2 (RCW 9.35.020(2)(b))
Improperly Obtaining Financial Information
(RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
((Possession of controlled substance that is either heroin or narcotics from Schedule I
or II or flunitrazepam from Schedule IV
(RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW
69.50.401(d))))
Possession of Stolen Property 1 (RCW
9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased
Property (valued at one thousand five
hundred dollars or more) (RCW
9A.56.096(4))
Trafficking in Insurance Claims (RCW
48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
I
Attempting to Elude a Pursuing Police Vehicle
(RCW 46.61.024)
False Verification for Welfare (RCW
74.08.055)
((Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance
(RCW 69.50.403)))
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
((Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or
Non-narcotic from Schedule I-V (except
phencyclidine or flunitrazepam) (RCW
69.50.401(d))))
Possession of Stolen Property 2 (RCW
9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission
(RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased
Property (valued at two hundred fifty
dollars or more but less than one thousand five hundred dollars) (RCW
9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW
9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140
(2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
(2002 Ed.)
Sentencing Reform Act of 1981
[2002 c 290 § 7. Prior: 2001 2nd sp.s. c 12 § 361; 2001 c 300 § 4;
2001 c 217 § 12; 2001 c 17 § 1; prior: 2001 c 310 § 4; 2001 c 287 § 3;
2001 c 224 § 3; 2001 c 222 § 24; 2001 c 207 § 3; 2000 c 225 § 5; 2000 c
119 § 17; 2000 c 66 § 2; prior: 1999 c 352 § 3; 1999 c 322 § 5; 1999 c
45 § 4; prior: 1998 c 290 § 4; 1998 c 219 § 4; 1998 c 82 § 1; 1998 c 78
§ 1; prior: 1997 c 365 § 4; 1997 c 346 § 3; 1997 c 340 § 1; 1997 c 338
§ 51; 1997 c 266 § 15; 1997 c 120 § 5; prior: 1996 c 302 § 6; 1996 c 205
§ 3; 1996 c 36 § 2; prior: 1995 c 385 § 2; 1995 c 285 § 28; 1995 c 129
§ 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 § 510 repealed by
1995 c 129 § 19 (Initiative Measure No. 159)); 1994 c 275 § 20; 1994 c 53
§ 2; prior: 1992 c 145 § 4; 1992 c 75 § 3; 1991 c 32 § 3; 1990 c 3 § 702;
prior: 1989 2nd ex.s. c 1 § 3; 1989 c 412 § 3; 1989 c 405 § 1; 1989 c 271
§ 102; 1989 c 99 § 1; prior: 1988 c 218 § 2; 1988 c 145 § 12; 1988 c 62
§ 2; prior: 1987 c 224 § 1; 1987 c 187 § 4; 1986 c 257 § 23; 1984 c 209
§ 17; 1983 c 115 § 3. Formerly RCW 9.94A.320.]
Reviser’s note: *(1) RCW 72.66.060 and 72.65.070 were repealed
by 2001 c 264 § 7. Cf. 2001 c 264 § 8.
(2) The amendment to Level VIII by 2002 c 134 § 2 cannot be
merged into the 2002 c 290 § 7 amendment, which is set forth above. For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 7-11 and 14-23: "Sections 7 through
11 and 14 through 23 of this act take effect July 1, 2004, and apply to
crimes committed on or after July 1, 2004." [2002 c 290 § 31.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Alphabetization—1999 c 352: "The code reviser shall alphabetize
the offenses within each seriousness level in RCW 9.94A.320, including any
offenses added in the 1999 legislative session." [1999 c 352 § 6.]
Application—1999 c 352 §§ 3-5: "The amendments made by
sections 3 through 5, chapter 352, Laws of 1999 shall apply to offenses
committed on or after July 25, 1999, except that the amendments made by
chapter 352, Laws of 1999 to seriousness level V in RCW 9.94A.320 shall
apply to offenses committed on or after July 1, 2000." [1999 c 352 § 7.]
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Application—1998 c 78: "This act applies to crimes committed on
or after July 1, 1998." [1998 c 78 § 2.]
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1996 c 302: See note following RCW 9A.42.010.
Effective date—1995 c 285: See RCW 48.30A.900.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Contingent expiration date—1994 sp.s. c 7: See note following
RCW 43.70.540.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
(2002 Ed.)
9.94A.515
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note
following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1989 c 99: "This act applies to crimes committed after
July 1, 1989." [1989 c 99 § 2.]
Effective date—1989 c 99: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 99 § 3.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—Application—1987 c 224: "This act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1987. It shall apply to crimes committed on or after
July 1, 1987." [1987 c 224 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.517 Table 3—Drug offense sentencing grid.
(Effective July 1, 2004.)
(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness Offender Score
Level
0 to 2
Offender Score
3 to 5
III
51 to 68 months
68+ to 100 months 100+ to 120 months
II
12+ to 20 months 20+ to 60 months
60+ to 120 months
I
0 to 6 months
12+ to 24 months
6+ to 18 months
Offender Score
6 to 9 or more
References to months represent the standard sentence ranges.
12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the
special drug offender sentencing alternative under RCW
9.94A.660 or drug court under RCW 2.28.170.
(3) Nothing in this section creates an entitlement for a
criminal defendant to any specific sanction, alternative,
sentence option, or substance abuse treatment. [2002 c 290
§ 8.]
Intent—2002 c 290: "It is the intent of the legislature to increase the
use of effective substance abuse treatment for defendants and offenders in
Washington in order to make frugal use of state and local resources, thus
reducing recidivism and increasing the likelihood that defendants and
offenders will become productive and law-abiding persons. The legislature
recognizes that substance abuse treatment can be effective if it is well
planned and involves adequate monitoring, and that substance abuse and
addiction is a public safety and public health issue that must be more
effectively addressed if recidivism is to be reduced. The legislature intends
that sentences for drug offenses accurately reflect the adverse impact of
substance abuse and addiction on public safety, that the public must have
[Title 9 RCW—page 131]
9.94A.517
Title 9 RCW: Crimes and Punishments
protection from violent offenders, and further intends that such sentences be
based on policies that are supported by research and public policy goals
established by the legislature." [2002 c 290 § 1.]
Joint select committee on drug offense sentencing grid: "(1) A
joint select committee on the drug offense sentencing grid is established.
(2) The committee shall consist of the following persons:
(a) One member from each of the two largest caucuses of the senate,
appointed by the president of the senate;
(b) One member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house;
(c) A superior court judge, selected by the superior court judges’
association;
(d) A prosecuting attorney, selected by the Washington association of
prosecuting attorneys;
(e) A member selected by the Washington state bar association, whose
practice includes a significant amount of time devoted to criminal defense
work;
(f) An elected sheriff or a police chief, selected by the Washington
association of sheriffs and police chiefs;
(g) A representative from the division of alcohol and substance abuse
in the department of social and health services;
(h) A member of the sentencing guidelines commission;
(i) A member of the caseload forecast council;
(j) A representative from the governor’s office of financial management;
(k) A representative from the department of corrections;
(l) A representative from the Washington state association of counties;
(m) A county chemical dependency treatment provider;
(n) A chemical dependency treatment provider; and
(o) A representative from the Washington state association of drug
court professionals.
(3) The chair and vice-chair of the committee shall be chosen by the
members of the committee.
(4) The committee shall review and make recommendations to the
legislature and governor regarding the drug offense sentencing grid created
pursuant to RCW 9.94A.517. In preparing the recommendations, the
committee shall:
(a) Establish a methodology of determining the fiscal consequences to
the state and local governments, including the calculation of savings to be
dedicated to substance abuse treatment, resulting from the implementation
of the grid and any recommended revisions to the grid;
(b) Review and recommend any changes in the sentencing levels and
penalties in the drug sentencing grid;
(c) Consider the proportionality of sentencing based on the quantity
of controlled substances;
(d) Examine methods for addressing issues of racial disproportionality
in sentencing;
(e) Recommend a statewide method of evaluating the success of drug
courts in terms of reducing recidivism and increasing the number of persons
who participate in drug court programs and remain free of substance abuse;
(f) Review and make any appropriate revisions in statewide criteria for
funding substance abuse treatment programs for defendants and offenders;
and
(g) Review and make any recommendations for changes in the method
of distribution of funding methods established in chapter 290, Laws of 2002
for defendant and offender drug treatment programs.
(5) The committee shall complete its review and submit its recommendations to the legislature and governor not later than June 1, 2003.
(6) The staff of the legislature, the sentencing guidelines commission,
and the caseload forecast council shall provide support to the committee.
(7) Nonlegislative members of the committee shall serve without
compensation, but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060. Legislative members of the committee shall
be reimbursed for travel expenses as provided in RCW 44.04.120.
(8) This section expires December 31, 2003." [2002 c 290 § 12.]
Effectiveness report: "The Washington state institute for public
policy shall evaluate the effectiveness of the drug offense sentencing grid
in reducing recidivism and its financial impact. The Washington state
institute for public policy shall present a preliminary report to the legislature
by December 1, 2007, and shall present a final report regarding long-term
recidivism and its financial impacts to the legislature by December 1, 2008."
[2002 c 290 § 24.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
[Title 9 RCW—page 132]
9.94A.518 Table 4—Drug offenses seriousness level.
(Effective July 1, 2004.)
TABLE 4
DRUG OFFENSES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
III
Any felony offense under chapter
69.50 RCW with a deadly weapon special verdict under RCW
9.94A.602
Controlled Substance Homicide
(RCW 69.50.415)
Delivery of imitation controlled substance by person eighteen or
over to person under eighteen
(RCW 69.52.030(2))
Involving a minor in drug dealing
(RCW 69.50.401(f))
Manufacture of methamphetamine
(RCW 69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic from
Schedule I or II, or
flunitrazepam from Schedule IV
to someone under 18 (RCW
69.50.406)
Over 18 and deliver narcotic from
Schedule III, IV, or V or a
nonnarcotic, except
flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years
junior (RCW 69.50.406)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine * (RCW
69.50.440)
Selling for profit (controlled or counterfeit) any controlled substance
(RCW 69.50.410)
II
Create, deliver, or possess a counterfeit controlled substance (RCW
69.50.401(b))
Deliver or possess with intent to deliver methamphetamine (RCW
69.50.401(a)(1)(ii))
Delivery of a material in lieu of a
controlled substance (RCW
69.50.401(c))
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(a)(6))
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(a)(1)(i))
(2002 Ed.)
Sentencing Reform Act of 1981
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or
nonnarcotics from Schedule I-V
(except marijuana, amphetamine,
methamphetamines, or
flunitrazepam) (RCW
69.50.401(a)(1) (iii) through (v))
Manufacture, distribute, or possess
with intent to distribute an imitation controlled substance (RCW
69.52.030(1))
I
Forged Prescription (RCW
69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Manufacture, deliver, or possess with
intent to deliver marijuana
(RCW 69.50.401(a)(1)(iii))
Possess Controlled Substance that is
a Narcotic from Schedule III,
IV, or V or Nonnarcotic from
Schedule I-V (RCW
69.50.401(d))
Possession of Controlled Substance
that is either heroin or narcotics
from Schedule I or II (RCW
69.50.401(d))
Unlawful Use of Building for Drug
Purposes (RCW 69.53.010)
[2002 c 290 § 9.]
*Reviser’s note: cf. 2002 c 134 § 1.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.520 Offense seriousness level. The offense
seriousness level is determined by the offense of conviction.
[1990 c 3 § 703; 1983 c 115 § 6. Formerly RCW
9.94A.350.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.525 Offender score. The offender score is
measured on the horizontal axis of the sentencing grid. The
offender score rules are as follows:
The offender score is the sum of points accrued under
this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists
before the date of sentencing for the offense for which the
offender score is being computed. Convictions entered or
sentenced on the same date as the conviction for which the
offender score is being computed shall be deemed "other
current offenses" within the meaning of *RCW 9.94A.589.
(2) Class A and sex prior felony convictions shall
always be included in the offender score. Class B prior
felony convictions other than sex offenses shall not be
included in the offender score, if since the last date of
release from confinement (including full-time residential
treatment) pursuant to a felony conviction, if any, or entry of
(2002 Ed.)
9.94A.518
judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime
that subsequently results in a conviction. Class C prior
felony convictions other than sex offenses shall not be
included in the offender score if, since the last date of
release from confinement (including full-time residential
treatment) pursuant to a felony conviction, if any, or entry of
judgment and sentence, the offender had spent five consecutive years in the community without committing any crime
that subsequently results in a conviction. Serious traffic
convictions shall not be included in the offender score if,
since the last date of release from confinement (including
full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender
spent five years in the community without committing any
crime that subsequently results in a conviction. This
subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be
classified according to the comparable offense definitions
and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the
comparable offense definitions and sentences provided by
Washington law. If there is no clearly comparable offense
under Washington law or the offense is one that is usually
considered subject to exclusive federal jurisdiction, the
offense shall be scored as a class C felony equivalent if it
was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory
offenses (attempts, criminal solicitations, and criminal
conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the
purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under *RCW
9.94A.589(1)(a), to encompass the same criminal conduct,
shall be counted as one offense, the offense that yields the
highest offender score. The current sentencing court shall
determine with respect to other prior adult offenses for
which sentences were served concurrently or prior juvenile
offenses for which sentences were served consecutively,
whether those offenses shall be counted as one offense or as
separate offenses using the "same criminal conduct" analysis
found in *RCW 9.94A.589(1)(a), and if the court finds that
they shall be counted as one offense, then the offense that
yields the highest offender score shall be used. The current
sentencing court may presume that such other prior offenses
were not the same criminal conduct from sentences imposed
on separate dates, or in separate counties or jurisdictions, or
in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses
committed before July 1, 1986, for the purpose of computing
the offender score, count all adult convictions served
concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently"
means that: (i) The latter sentence was imposed with
specific reference to the former; (ii) the concurrent relation-
[Title 9 RCW—page 133]
9.94A.525
Title 9 RCW: Crimes and Punishments
ship of the sentences was judicially imposed; and (iii) the
concurrent timing of the sentences was not the result of a
probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory
offenses of criminal attempt, solicitation, or conspiracy,
count each prior conviction as if the present conviction were
for a completed offense. When these convictions are used
as criminal history, score them the same as a completed
crime.
(7) If the present conviction is for a nonviolent offense
and not covered by subsection (11) or (12) of this section,
count one point for each adult prior felony conviction and
one point for each juvenile prior violent felony conviction
and 1/2 point for each juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and
not covered in subsection (9), (10), (11), or (12) of this
section, count two points for each prior adult and juvenile
violent felony conviction, one point for each prior adult
nonviolent felony conviction, and 1/2 point for each prior
juvenile nonviolent felony conviction.
(9) If the present conviction is for a serious violent
offense, count three points for prior adult and juvenile
convictions for crimes in this category, two points for each
prior adult and juvenile violent conviction (not already
counted), one point for each prior adult nonviolent felony
conviction, and 1/2 point for each prior juvenile nonviolent
felony conviction.
(10) If the present conviction is for Burglary 1, count
prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or
residential burglary conviction, and one point for each prior
juvenile Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic
offense count two points for each adult or juvenile prior
conviction for Vehicular Homicide or Vehicular Assault; for
each felony offense count one point for each adult and 1/2
point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement
pursuant to RCW 46.61.520(2), count one point for each
adult and 1/2 point for each juvenile prior conviction.
(12) If the present conviction is for manufacture of
methamphetamine count three points for each adult prior
manufacture of methamphetamine conviction and two points
for each juvenile manufacture of methamphetamine offense.
If the present conviction is for a drug offense and the
offender has a criminal history that includes a sex offense or
serious violent offense, count three points for each adult
prior felony drug offense conviction and two points for each
juvenile drug offense. All other adult and juvenile felonies
are scored as in subsection (8) of this section if the current
drug offense is violent, or as in subsection (7) of this section
if the current drug offense is nonviolent.
(13) If the present conviction is for Escape from
Community Custody, RCW 72.09.310, count only prior
escape convictions in the offender score. Count adult prior
escape convictions as one point and juvenile prior escape
convictions as 1/2 point.
(14) If the present conviction is for Escape 1, RCW
9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior
convictions as one point and juvenile prior convictions as 1/2
point.
[Title 9 RCW—page 134]
(15) If the present conviction is for Burglary 2 or
residential burglary, count priors as in subsection (7) of this
section; however, count two points for each adult and
juvenile prior Burglary 1 conviction, two points for each
adult prior Burglary 2 or residential burglary conviction, and
one point for each juvenile prior Burglary 2 or residential
burglary conviction.
(16) If the present conviction is for a sex offense, count
priors as in subsections (7) through (15) of this section;
however count three points for each adult and juvenile prior
sex offense conviction.
(17) If the present conviction is for an offense committed while the offender was under community placement, add
one point.
(18) The fact that a prior conviction was not included in
an offender’s offender score or criminal history at a previous
sentencing shall have no bearing on whether it is included in
the criminal history or offender score for the current offense.
Accordingly, prior convictions that were not counted in the
offender score or included in criminal history under repealed
or previous versions of the sentencing reform act shall be
included in criminal history and shall count in the offender
score if the current version of the sentencing reform act
requires including or counting those convictions. [2002 c
290 § 3; 2002 c 107 § 3; 2001 c 264 § 5; 2000 c 28 § 15.
Prior: 1999 c 352 § 10; 1999 c 331 § 1; 1998 c 211 § 4;
1997 c 338 § 5; prior: 1995 c 316 § 1; 1995 c 101 § 1;
prior: 1992 c 145 § 10; 1992 c 75 § 4; 1990 c 3 § 706;
1989 c 271 § 103; prior: 1988 c 157 § 3; 1988 c 153 § 12;
1987 c 456 § 4; 1986 c 257 § 25; 1984 c 209 § 19; 1983 c
115 § 7. Formerly RCW 9.94A.360.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2002 c 107 § 3 and by 2002 c 290
§ 3, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 2 and 3: See note following RCW
9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Application—2002 c 107: See notes following RCW
9.94A.030.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1999 c 331: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 1999]." [1999 c 331 § 5.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Application—1988 c 157: See note following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Severability—1986 c 257: See note following RCW 9A.56.010.
(2002 Ed.)
Sentencing Reform Act of 1981
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.530 Standard sentence range. (Effective until
July 1, 2004.) (1) The intersection of the column defined by
the offender score and the row defined by the offense
seriousness score determines the standard sentence range (see
*RCW 9.94A.510, (Table 1)). The additional time for
deadly weapon findings or for those offenses enumerated in
*RCW 9.94A.510(4) that were committed in a state correctional facility or county jail shall be added to the entire
standard sentence range. The court may impose any
sentence within the range that it deems appropriate. All
standard sentence ranges are expressed in terms of total
confinement.
(2) In determining any sentence, the trial court may rely
on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at
the time of sentencing. Acknowledgement includes not
objecting to information stated in the presentence reports.
Where the defendant disputes material facts, the court must
either not consider the fact or grant an evidentiary hearing
on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish
the elements of a more serious crime or additional crimes
may not be used to go outside the standard sentence range
except upon stipulation or when specifically provided for in
*RCW 9.94A.535(2) (d), (e), (g), and (h). [2000 c 28 § 12;
1999 c 143 § 16; 1996 c 248 § 1; 1989 c 124 § 2; 1987 c
131 § 1; 1986 c 257 § 26; 1984 c 209 § 20; 1983 c 115 § 8.
Formerly RCW 9.94A.370.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.530 Standard sentence range. (Effective July
1, 2004.) (1) The intersection of the column defined by the
offender score and the row defined by the offense seriousness score determines the standard sentence range (see
*RCW 9.94A.510, (Table 1) and RCW 9.94A.517, (Table
3)). The additional time for deadly weapon findings or for
those offenses enumerated in RCW 9.94A.533(4) that were
committed in a state correctional facility or county jail shall
be added to the entire standard sentence range. The court
may impose any sentence within the range that it deems
appropriate. All standard sentence ranges are expressed in
terms of total confinement.
(2) In determining any sentence, the trial court may rely
on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at
the time of sentencing. Acknowledgement includes not
objecting to information stated in the presentence reports.
Where the defendant disputes material facts, the court must
either not consider the fact or grant an evidentiary hearing
on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish
(2002 Ed.)
9.94A.525
the elements of a more serious crime or additional crimes
may not be used to go outside the standard sentence range
except upon stipulation or when specifically provided for in
*RCW 9.94A.535(2) (d), (e), (g), and (h). [2002 c 290 §
18; 2000 c 28 § 12; 1999 c 143 § 16; 1996 c 248 § 1; 1989
c 124 § 2; 1987 c 131 § 1; 1986 c 257 § 26; 1984 c 209 §
20; 1983 c 115 § 8. Formerly RCW 9.94A.370.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.533 Adjustments to standard sentences.
(Effective July 1, 2004.) (1) The provisions of this section
apply to the standard sentence ranges determined by RCW
9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of
criminal attempt, solicitation, or conspiracy under chapter
9A.28 RCW, the standard sentence range is determined by
locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the
completed crime, and multiplying the range by seventy-five
percent.
(3) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on
the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the
firearm enhancement or enhancements must be added to the
total period of confinement for all offenses, regardless of
which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a
firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter
9A.28 RCW to commit one of the crimes listed in this
subsection as eligible for any firearm enhancements, the
following additional times shall be added to the standard
sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified
under RCW 9A.28.020:
(a) Five years for any felony defined under any law as
a class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) Three years for any felony defined under any law as
a class B felony or with a statutory maximum sentence of
ten years, or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any
law as a class C felony or with a statutory maximum
sentence of five years, or both, and not covered under (f) of
this subsection;
[Title 9 RCW—page 135]
9.94A.533
Title 9 RCW: Crimes and Punishments
(d) If the offender is being sentenced for any firearm
enhancements under (a), (b), and/or (c) of this subsection
and the offender has previously been sentenced for any
deadly weapon enhancements after July 23, 1995, under (a),
(b), and/or (c) of this subsection or subsection (4)(a), (b),
and/or (c) of this section, or both, all firearm enhancements
under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all
firearm enhancements under this section are mandatory, shall
be served in total confinement, and shall run consecutively
to all other sentencing provisions, including other firearm or
deadly weapon enhancements, for all offenses sentenced
under this chapter. However, whether or not a mandatory
minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary
medical placement when authorized under RCW
9.94A.728(4);
(f) The firearm enhancements in this section shall apply
to all felony crimes except the following: Possession of a
machine gun, possessing a stolen firearm, drive-by shooting,
theft of a firearm, unlawful possession of a firearm in the
first and second degree, and use of a machine gun in a
felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender. If the
addition of a firearm enhancement increases the sentence so
that it would exceed the statutory maximum for the offense,
the portion of the sentence representing the enhancement
may not be reduced.
(4) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a deadly weapon other than a firearm as defined in
RCW 9.41.010 and the offender is being sentenced for one
of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of
the completed felony crime. If the offender is being
sentenced for more than one offense, the deadly weapon
enhancement or enhancements must be added to the total
period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a
deadly weapon other than a firearm as defined in RCW
9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the
crimes listed in this subsection as eligible for any deadly
weapon enhancements, the following additional times shall
be added to the standard sentence range determined under
subsection (2) of this section based on the felony crime of
conviction as classified under RCW 9A.28.020:
(a) Two years for any felony defined under any law as
a class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) One year for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as
a class C felony or with a statutory maximum sentence of
[Title 9 RCW—page 136]
five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b),
and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for
any deadly weapon enhancements after July 23, 1995, under
(a), (b), and/or (c) of this subsection or subsection (3)(a),
(b), and/or (c) of this section, or both, all deadly weapon
enhancements under this subsection shall be twice the
amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all
deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run
consecutively to all other sentencing provisions, including
other firearm or deadly weapon enhancements, for all
offenses sentenced under this chapter. However, whether or
not a mandatory minimum term has expired, an offender
serving a sentence under this subsection may be granted an
extraordinary medical placement when authorized under
RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section
shall apply to all felony crimes except the following:
Possession of a machine gun, possessing a stolen firearm,
drive-by shooting, theft of a firearm, unlawful possession of
a firearm in the first and second degree, and use of a
machine gun in a felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender. If the
addition of a deadly weapon enhancement increases the
sentence so that it would exceed the statutory maximum for
the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the
standard sentence range if the offender or an accomplice
committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of
the crimes listed in this subsection. If the offender or an
accomplice committed one of the crimes listed in this
subsection while in a county jail or state correctional facility,
and the offender is being sentenced for an anticipatory
offense under chapter 9A.28 RCW to commit one of the
crimes listed in this subsection, the following additional
times shall be added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW
69.50.401(a)(1) (i) or (ii) or 69.50.410;
(b) Fifteen months for offenses committed under RCW
69.50.401(a)(1) (iii), (iv), and (v);
(c) Twelve months for offenses committed under RCW
69.50.401(d).
For the purposes of this subsection, all of the real
property of a state correctional facility or county jail shall be
deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to
the standard sentence range for any ranked offense involving
a violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435 or 9.94A.605.
(7) An additional two years shall be added to the
standard sentence range for vehicular homicide committed
while under the influence of intoxicating liquor or any drug
(2002 Ed.)
Sentencing Reform Act of 1981
as defined by RCW 46.61.502 for each prior offense as
defined in RCW 46.61.5055. [2002 c 290 § 11.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.535 Departures from the guidelines. The
court may impose a sentence outside the standard sentence
range for an offense if it finds, considering the purpose of
this chapter, that there are substantial and compelling reasons
justifying an exceptional sentence. Whenever a sentence
outside the standard sentence range is imposed, the court
shall set forth the reasons for its decision in written findings
of fact and conclusions of law. A sentence outside the standard sentence range shall be a determinate sentence unless
it is imposed on an offender sentenced under RCW
9.94A.712. An exceptional sentence imposed on an offender
sentenced under RCW 9.94A.712 shall be to a minimum
term set by the court and a maximum term equal to the
statutory maximum sentence for the offense of conviction
under chapter 9A.20 RCW.
If the sentencing court finds that an exceptional sentence
outside the standard sentence range should be imposed, the
sentence is subject to review only as provided for in *RCW
9.94A.585(4).
A departure from the standards in *RCW 9.94A.589 (1)
and (2) governing whether sentences are to be served
consecutively or concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed
by the offender or the state as set forth in *RCW 9.94A.585
(2) through (6).
The following are illustrative factors which the court
may consider in the exercise of its discretion to impose an
exceptional sentence. The following are illustrative only and
are not intended to be exclusive reasons for exceptional
sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator,
willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or
made a good faith effort to compensate, the victim of the
criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress,
coercion, threat, or compulsion insufficient to constitute a
complete defense but which significantly affected his or her
conduct.
(d) The defendant, with no apparent predisposition to do
so, was induced by others to participate in the crime.
(e) The defendant’s capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct
to the requirements of the law, was significantly impaired.
Voluntary use of drugs or alcohol is excluded.
(f) The offense was principally accomplished by another
person and the defendant manifested extreme caution or
sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of
*RCW 9.94A.589 results in a presumptive sentence that is
clearly excessive in light of the purpose of this chapter, as
expressed in RCW 9.94A.010.
(h) The defendant or the defendant’s children suffered
a continuing pattern of physical or sexual abuse by the
(2002 Ed.)
9.94A.533
victim of the offense and the offense is a response to that
abuse.
(2) Aggravating Circumstances
(a) The defendant’s conduct during the commission of
the current offense manifested deliberate cruelty to the
victim.
(b) The defendant knew or should have known that the
victim of the current offense was particularly vulnerable or
incapable of resistance due to extreme youth, advanced age,
disability, or ill health.
(c) The current offense was a violent offense, and the
defendant knew that the victim of the current offense was
pregnant.
(d) The current offense was a major economic offense
or series of offenses, so identified by a consideration of any
of the following factors:
(i) The current offense involved multiple victims or
multiple incidents per victim;
(ii) The current offense involved attempted or actual
monetary loss substantially greater than typical for the
offense;
(iii) The current offense involved a high degree of
sophistication or planning or occurred over a lengthy period
of time; or
(iv) The defendant used his or her position of trust,
confidence, or fiduciary responsibility to facilitate the
commission of the current offense.
(e) The current offense was a major violation of the
Uniform Controlled Substances Act, chapter 69.50 RCW
(VUCSA), related to trafficking in controlled substances,
which was more onerous than the typical offense of its
statutory definition: The presence of ANY of the following
may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate
transactions in which controlled substances were sold,
transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual
sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of
controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the
offender to have occupied a high position in the drug
distribution hierarchy;
(v) The current offense involved a high degree of
sophistication or planning, occurred over a lengthy period of
time, or involved a broad geographic area of disbursement;
or
(vi) The offender used his or her position or status to
facilitate the commission of the current offense, including
positions of trust, confidence or fiduciary responsibility (e.g.,
pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual
motivation pursuant to *RCW 9.94A.835.
(g) The offense was part of an ongoing pattern of sexual
abuse of the same victim under the age of eighteen years
manifested by multiple incidents over a prolonged period of
time.
(h) The current offense involved domestic violence, as
defined in RCW 10.99.020, and one or more of the following was present:
[Title 9 RCW—page 137]
9.94A.535
Title 9 RCW: Crimes and Punishments
(i) The offense was part of an ongoing pattern of
psychological, physical, or sexual abuse of the victim
manifested by multiple incidents over a prolonged period of
time;
(ii) The offense occurred within sight or sound of the
victim’s or the offender’s minor children under the age of
eighteen years; or
(iii) The offender’s conduct during the commission of
the current offense manifested deliberate cruelty or intimidation of the victim.
(i) The operation of the multiple offense policy of
*RCW 9.94A.589 results in a presumptive sentence that is
clearly too lenient in light of the purpose of this chapter, as
expressed in RCW 9.94A.010.
(j) The defendant’s prior unscored misdemeanor or prior
unscored foreign criminal history results in a presumptive
sentence that is clearly too lenient in light of the purpose of
this chapter, as expressed in RCW 9.94A.010.
(k) The offense resulted in the pregnancy of a child
victim of rape.
(l) The defendant knew that the victim of the current
offense was a youth who was not residing with a legal
custodian and the defendant established or promoted the relationship for the primary purpose of victimization.
(m) The offense was committed with the intent to
obstruct or impair human or animal health care or agricultural or forestry research or commercial production. [2002 c
169 § 1; 2001 2nd sp.s. c 12 § 314; 2000 c 28 § 8; 1999 c
330 § 1; 1997 c 52 § 4. Prior: 1996 c 248 § 2; 1996 c 121
§ 1; 1995 c 316 § 2; 1990 c 3 § 603; 1989 c 408 § 1; 1987
c 131 § 2; 1986 c 257 § 27; 1984 c 209 § 24; 1983 c 115 §
10. Formerly RCW 9.94A.390.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1996 c 121: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 21, 1996]." [1996 c 121 § 2.]
Effective date—Application—1990 c 3 §§ 601 through 605: See
note following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17 through 35: See note following
RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.540 Mandatory minimum terms. (1) The
following minimum terms of total confinement are mandatory and shall not be varied or modified under *RCW
9.94A.535:
(a) An offender convicted of the crime of murder in the
first degree shall be sentenced to a term of total confinement
not less than twenty years.
(b) An offender convicted of the crime of assault in the
first degree or assault of a child in the first degree where the
offender used force or means likely to result in death or
[Title 9 RCW—page 138]
intended to kill the victim shall be sentenced to a term of
total confinement not less than five years.
(c) An offender convicted of the crime of rape in the
first degree shall be sentenced to a term of total confinement
not less than five years.
(d) An offender convicted of the crime of sexually
violent predator escape shall be sentenced to a minimum
term of total confinement not less than sixty months.
(2) During such minimum terms of total confinement,
no offender subject to the provisions of this section is
eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work
release, or any other form of early release authorized under
*RCW 9.94A.728, or any other form of authorized leave of
absence from the correctional facility while not in the direct
custody of a corrections officer. The provisions of this
subsection shall not apply: (a) In the case of an offender in
need of emergency medical treatment; (b) for the purpose of
commitment to an inpatient treatment facility in the case of
an offender convicted of the crime of rape in the first
degree; or (c) for an extraordinary medical placement when
authorized under *RCW 9.94A.728(4). [2001 2nd sp.s. c 12
§ 315; 2000 c 28 § 7. Formerly RCW 9.94A.590.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.545 Community custody. On all sentences of
confinement for one year or less, the court may impose up
to one year of community custody, subject to conditions and
sanctions as authorized in RCW 9.94A.715 and 9.94A.720.
An offender shall be on community custody as of the date of
sentencing. However, during the time for which the offender
is in total or partial confinement pursuant to the sentence or
a violation of the sentence, the period of community custody
shall toll. [2000 c 28 § 13; 1999 c 196 § 10; 1988 c 143 §
23; 1984 c 209 § 22. Formerly RCW 9.94A.383.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1999 c 196 § 10: "Section 10 of this act takes effect
July 1, 2000, and applies only to offenses committed on or after July 1,
2000." [1999 c 196 § 19.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Applicability—1988 c 143 §§ 21-24: See note following RCW
9.94A.505.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.550 Fines. On all sentences under this chapter
the court may impose fines according to the following
ranges:
Class A felonies
Class B felonies
Class C felonies
$0 - 50,000
$0 - 20,000
$0 - 10,000
[1984 c 209 § 23. Formerly RCW 9.94A.386.]
(2002 Ed.)
Sentencing Reform Act of 1981
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.555 Findings and intent—1994 c 1. (1) The
people of the state of Washington find and declare that:
(a) Community protection from persistent offenders is
a priority for any civilized society.
(b) Nearly fifty percent of the criminals convicted in
Washington state have active prior criminal histories.
(c) Punishments for criminal offenses should be proportionate to both the seriousness of the crime and the prior
criminal history.
(d) The public has the right and the responsibility to
determine when to impose a life sentence.
(2) By sentencing three-time, most serious offenders to
prison for life without the possibility of parole, the people
intend to:
(a) Improve public safety by placing the most dangerous
criminals in prison.
(b) Reduce the number of serious, repeat offenders by
tougher sentencing.
(c) Set proper and simplified sentencing practices that
both the victims and persistent offenders can understand.
(d) Restore public trust in our criminal justice system by
directly involving the people in the process. [1994 c 1 § 1
(Initiative Measure No. 593, approved November 2, 1993).
Formerly RCW 9.94A.392.]
Severability—1994 c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1994 c 1 § 6 (Initiative Measure No. 593, approved November
2, 1993).]
Short title—1994 c 1: "This act shall be known and may be cited as
the persistent offender accountability act." [1994 c 1 § 7 (Initiative Measure
No. 593, approved November 2, 1993).]
Captions—1994 c 1: "Captions as used in this act do not constitute
any part of the law." [1994 c 1 § 8 (Initiative Measure No. 593, approved
November 2, 1993).]
9.94A.561 Offender notification and warning. A
sentencing judge, law enforcement agency, or state or local
correctional facility may, but is not required to, give offenders who have been convicted of an offense that is a most
serious offense as defined in RCW 9.94A.030 either written
or oral notice, or both, of the sanctions imposed upon
persistent offenders. General notice of these sanctions and
the conditions under which they may be imposed may, but
need not, be given in correctional facilities maintained by
state or local agencies. This section is enacted to provide
authority, but not requirement, for the giving of such notice
in every conceivable way without incurring liability to
offenders or third parties. [1994 c 1 § 4 (Initiative Measure
No. 593, approved November 2, 1993). Formerly RCW
9.94A.393.]
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
9.94A.565 Governor’s powers. (1) Nothing in
chapter 1, Laws of 1994 shall ever be interpreted or construed as to reduce or eliminate the power of the governor to
grant a pardon or clemency to any offender on an individual
case-by-case basis. However, the people recommend that
any offender subject to total confinement for life without the
possibility of parole not be considered for release until the
(2002 Ed.)
9.94A.550
offender has reached the age of at least sixty years old and
has been judged to be no longer a threat to society. The
people further recommend that sex offenders be held to the
utmost scrutiny under this subsection regardless of age.
(2) Nothing in this section shall ever be interpreted or
construed to grant any release for the purpose of reducing
prison overcrowding. Furthermore, the governor shall
provide twice yearly reports on the activities and progress of
offenders subject to total confinement for life without the
possibility of parole who are released through executive
action during his or her tenure. These reports shall continue
for not less than ten years after the release of the offender or
upon the death of the released offender. [1994 c 1 § 5
(Initiative Measure No. 593, approved November 2, 1993).
Formerly RCW 9.94A.394.]
Severability—Short title—Captions—1994 c 1: See notes following
RCW 9.94A.555.
9.94A.570 Persistent offenders. Notwithstanding the
statutory maximum sentence or any other provision of this
chapter, a persistent offender shall be sentenced to a term of
total confinement for life without the possibility of release
or, when authorized by RCW 10.95.030 for the crime of
aggravated murder in the first degree, sentenced to death. In
addition, no offender subject to this section may be eligible
for community custody, earned release time, furlough, home
detention, partial confinement, work crew, work release, or
any other form of release as defined under *RCW 9.94A.728
(1), (2), (3), (4), (6), (8), or (9), or any other form of authorized leave from a correctional facility while not in the direct
custody of a corrections officer or officers, except: (1) In
the case of an offender in need of emergency medical
treatment; or (2) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted
of the crime of rape in the first degree. [2000 c 28 § 6.
Formerly RCW 9.94A.560.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.575 Power to defer or suspend sentences
abolished—Exceptions. The power to defer or suspend the
imposition or execution of sentence is hereby abolished in
respect to sentences prescribed for felonies committed after
June 30, 1984, except for offenders sentenced under RCW
9.94A.670, the special sex offender sentencing alternative,
whose sentence may be suspended. [2000 c 28 § 9; 1999 c
143 § 12; 1984 c 209 § 7; 1981 c 137 § 13. Formerly RCW
9.94A.130.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.580 Specialized training. The department is
authorized to determine whether any person subject to the
confines of a correctional facility would substantially benefit
from successful participation in: (1) Literacy training, (2)
employment skills training, or (3) educational efforts to
identify and control sources of anger and, upon a deter[Title 9 RCW—page 139]
9.94A.580
Title 9 RCW: Crimes and Punishments
mination that the person would, may require such successful
participation as a condition for eligibility to obtain early
release from the confines of a correctional facility.
The department shall adopt rules and procedures to
administer this section. [1994 sp.s. c 7 § 533. Formerly
RCW 9.94A.132.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
9.94A.585 Which sentences appealable—
Procedure—Grounds for reversal—Written opinions.
(Effective until July 1, 2004.) (1) A sentence within the
standard sentence range for the offense shall not be appealed. For purposes of this section, a sentence imposed on
a first-time offender under RCW 9.94A.650 shall also be
deemed to be within the standard sentence range for the
offense and shall not be appealed.
(2) A sentence outside the standard sentence range for
the offense is subject to appeal by the defendant or the state.
The appeal shall be to the court of appeals in accordance
with rules adopted by the supreme court.
(3) Pending review of the sentence, the sentencing court
or the court of appeals may order the defendant confined or
placed on conditional release, including bond.
(4) To reverse a sentence which is outside the standard
sentence range, the reviewing court must find: (a) Either
that the reasons supplied by the sentencing court are not
supported by the record which was before the judge or that
those reasons do not justify a sentence outside the standard
sentence range for that offense; or (b) that the sentence
imposed was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely
upon the record that was before the sentencing court.
Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules
adopted by the supreme court.
(6) The court of appeals shall issue a written opinion in
support of its decision whenever the judgment of the
sentencing court is reversed and may issue written opinions
in any other case where the court believes that a written
opinion would provide guidance to sentencing courts and
others in implementing this chapter and in developing a
common law of sentencing within the state.
(7) The department may petition for a review of a
sentence committing an offender to the custody or jurisdiction of the department. The review shall be limited to errors
of law. Such petition shall be filed with the court of appeals
no later than ninety days after the department has actual
knowledge of terms of the sentence. The petition shall
include a certification by the department that all reasonable
efforts to resolve the dispute at the superior court level have
been exhausted. [2000 c 28 § 10; 1989 c 214 § 1; 1984 c
209 § 13; 1982 c 192 § 7; 1981 c 137 § 21. Formerly RCW
9.94A.210.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.585 Which sentences appealable—
Procedure—Grounds for reversal—Written opinions.
[Title 9 RCW—page 140]
(Effective July 1, 2004.) (1) A sentence within the standard
sentence range, under RCW 9.94A.510 or 9.94A.517, for an
offense shall not be appealed. For purposes of this section,
a sentence imposed on a first-time offender under RCW
9.94A.650 shall also be deemed to be within the standard
sentence range for the offense and shall not be appealed.
(2) A sentence outside the standard sentence range for
the offense is subject to appeal by the defendant or the state.
The appeal shall be to the court of appeals in accordance
with rules adopted by the supreme court.
(3) Pending review of the sentence, the sentencing court
or the court of appeals may order the defendant confined or
placed on conditional release, including bond.
(4) To reverse a sentence which is outside the standard
sentence range, the reviewing court must find: (a) Either
that the reasons supplied by the sentencing court are not
supported by the record which was before the judge or that
those reasons do not justify a sentence outside the standard
sentence range for that offense; or (b) that the sentence
imposed was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely
upon the record that was before the sentencing court.
Written briefs shall not be required and the review and decision shall be made in an expedited manner according to rules
adopted by the supreme court.
(6) The court of appeals shall issue a written opinion in
support of its decision whenever the judgment of the
sentencing court is reversed and may issue written opinions
in any other case where the court believes that a written
opinion would provide guidance to sentencing courts and
others in implementing this chapter and in developing a
common law of sentencing within the state.
(7) The department may petition for a review of a
sentence committing an offender to the custody or jurisdiction of the department. The review shall be limited to errors
of law. Such petition shall be filed with the court of appeals
no later than ninety days after the department has actual
knowledge of terms of the sentence. The petition shall
include a certification by the department that all reasonable
efforts to resolve the dispute at the superior court level have
been exhausted. [2002 c 290 § 19; 2000 c 28 § 10; 1989 c
214 § 1; 1984 c 209 § 13; 1982 c 192 § 7; 1981 c 137 § 21.
Formerly RCW 9.94A.210.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.589 Consecutive or concurrent sentences.
(1)(a) Except as provided in (b) or (c) of this subsection,
whenever a person is to be sentenced for two or more
current offenses, the sentence range for each current offense
shall be determined by using all other current and prior
convictions as if they were prior convictions for the purpose
of the offender score: PROVIDED, That if the court enters
a finding that some or all of the current offenses encompass
the same criminal conduct then those current offenses shall
be counted as one crime. Sentences imposed under this
subsection shall be served concurrently. Consecutive
(2002 Ed.)
Sentencing Reform Act of 1981
sentences may only be imposed under the exceptional
sentence provisions of *RCW 9.94A.535. "Same criminal
conduct," as used in this subsection, means two or more
crimes that require the same criminal intent, are committed
at the same time and place, and involve the same victim.
This definition applies in cases involving vehicular assault or
vehicular homicide even if the victims occupied the same
vehicle.
(b) Whenever a person is convicted of two or more
serious violent offenses arising from separate and distinct
criminal conduct, the standard sentence range for the offense
with the highest seriousness level under *RCW 9.94A.515
shall be determined using the offender’s prior convictions
and other current convictions that are not serious violent
offenses in the offender score and the standard sentence
range for other serious violent offenses shall be determined
by using an offender score of zero. The standard sentence
range for any offenses that are not serious violent offenses
shall be determined according to (a) of this subsection. All
sentences imposed under (b) of this subsection shall be
served consecutively to each other and concurrently with
sentences imposed under (a) of this subsection.
(c) If an offender is convicted under RCW 9.41.040 for
unlawful possession of a firearm in the first or second degree
and for the felony crimes of theft of a firearm or possession
of a stolen firearm, or both, the standard sentence range for
each of these current offenses shall be determined by using
all other current and prior convictions, except other current
convictions for the felony crimes listed in this subsection
(1)(c), as if they were prior convictions. The offender shall
serve consecutive sentences for each conviction of the felony
crimes listed in this subsection (1)(c), and for each firearm
unlawfully possessed.
(2)(a) Except as provided in (b) of this subsection,
whenever a person while under sentence for conviction of a
felony commits another felony and is sentenced to another
term of confinement, the latter term shall not begin until
expiration of all prior terms.
(b) Whenever a second or later felony conviction results
in community supervision with conditions not currently in
effect, under the prior sentence or sentences of community
supervision the court may require that the conditions of
community supervision contained in the second or later
sentence begin during the immediate term of community
supervision and continue throughout the duration of the
consecutive term of community supervision.
(3) Subject to subsections (1) and (2) of this section,
whenever a person is sentenced for a felony that was
committed while the person was not under sentence for
conviction of a felony, the sentence shall run concurrently
with any felony sentence which has been imposed by any
court in this or another state or by a federal court subsequent
to the commission of the crime being sentenced unless the
court pronouncing the current sentence expressly orders that
they be served consecutively.
(4) Whenever any person granted probation under RCW
9.95.210 or 9.92.060, or both, has the probationary sentence
revoked and a prison sentence imposed, that sentence shall
run consecutively to any sentence imposed pursuant to this
chapter, unless the court pronouncing the subsequent
sentence expressly orders that they be served concurrently.
(2002 Ed.)
9.94A.589
(5) In the case of consecutive sentences, all periods of
total confinement shall be served before any partial confinement, community restitution, community supervision, or any
other requirement or conditions of any of the sentences.
Except for exceptional sentences as authorized under *RCW
9.94A.535, if two or more sentences that run consecutively
include periods of community supervision, the aggregate of
the community supervision period shall not exceed twentyfour months. [2002 c 175 § 7; 2000 c 28 § 14; 1999 c 352
§ 11; 1998 c 235 § 2; 1996 c 199 § 3; 1995 c 167 § 2; 1990
c 3 § 704. Prior: 1988 c 157 § 5; 1988 c 143 § 24; 1987
c 456 § 5; 1986 c 257 § 28; 1984 c 209 § 25; 1983 c 115 §
11. Formerly RCW 9.94A.400.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1996 c 199: See note following RCW 9.94A.505.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1988 c 157: See note following RCW 9.94A.030.
Applicability—1988 c 143 §§ 21-24: See note following RCW
9.94A.505.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.595 Anticipatory offenses. For persons
convicted of the anticipatory offenses of criminal attempt,
solicitation, or conspiracy under chapter 9A.28 RCW, the
presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender
score and the seriousness level of the crime, and multiplying
the range by 75 percent. [2000 c 28 § 16; 1986 c 257 § 29;
1984 c 209 § 26; 1983 c 115 § 12. Formerly RCW
9.94A.410.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.599 Presumptive ranges that exceed the
statutory maximum. If the presumptive sentence duration
given in the sentencing grid exceeds the statutory maximum
sentence for the offense, the statutory maximum sentence
shall be the presumptive sentence. If the addition of a
firearm or deadly weapon enhancement increases the
sentence so that it would exceed the statutory maximum for
the offense, the portion of the sentence representing the
enhancement may not be reduced. [1998 c 235 § 3; 1983 c
115 § 13. Formerly RCW 9.94A.420.]
9.94A.602 Deadly weapon special verdict—
Definition. In a criminal case wherein there has been a
special allegation and evidence establishing that the accused
or an accomplice was armed with a deadly weapon at the
time of the commission of the crime, the court shall make a
finding of fact of whether or not the accused or an accom[Title 9 RCW—page 141]
9.94A.602
Title 9 RCW: Crimes and Punishments
plice was armed with a deadly weapon at the time of the
commission of the crime, or if a jury trial is had, the jury
shall, if it find[s] the defendant guilty, also find a special
verdict as to whether or not the defendant or an accomplice
was armed with a deadly weapon at the time of the commission of the crime.
For purposes of this section, a deadly weapon is an
implement or instrument which has the capacity to inflict
death and from the manner in which it is used, is likely to
produce or may easily and readily produce death. The
following instruments are included in the term deadly
weapon: Blackjack, sling shot, billy, sand club, sandbag,
metal knuckles, any dirk, dagger, pistol, revolver, or any
other firearm, any knife having a blade longer than three
inches, any razor with an unguarded blade, any metal pipe
or bar used or intended to be used as a club, any explosive,
and any weapon containing poisonous or injurious gas.
[1983 c 163 § 3. Formerly RCW 9.94A.125.]
Effective date—1983 c 163: See note following RCW 9.94A.505.
9.94A.605 Methamphetamine—Manufacturing with
child on premises—Special allegation. In a criminal case
where:
(1) The defendant has been convicted of (a) manufacture
of a controlled substance under RCW 69.50.401(a) relating
to manufacture of methamphetamine; or (b) possession of
ephedrine or any of its salts or isomers or salts of isomers,
pseudoephedrine or any of its salts or isomers or salts of
isomers, pressurized ammonia gas, or pressurized ammonia
gas solution with intent to manufacture methamphetamine, as
defined in RCW 69.50.440; and
(2) There has been a special allegation pleaded and
proven beyond a reasonable doubt that the defendant
committed the crime when a person under the age of
eighteen was present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the
defendant guilty, also find a special verdict as to the special
allegation. [2002 c 134 § 3; 2000 c 132 § 1. Formerly
RCW 9.94A.128.]
Effective date—2002 c 134: See note following RCW 69.50.440.
9.94A.607 Chemical dependency. (1) Where the
court finds that the offender has a chemical dependency that
has contributed to his or her offense, the court may, as a
condition of the sentence and subject to available resources,
order the offender to participate in rehabilitative programs or
otherwise to perform affirmative conduct reasonably related
to the circumstances of the crime for which the offender has
been convicted and reasonably necessary or beneficial to the
offender and the community in rehabilitating the offender.
(2) This section applies to sentences which include any
term other than, or in addition to, a term of total confinement, including suspended sentences. [1999 c 197 § 2.
Formerly RCW 9.94A.129.]
Severability—1999 c 197: See note following RCW 9.94A.030.
9.94A.610 Drug offenders—Notice of release or
escape. (1) At the earliest possible date, and in no event
later than ten days before release except in the event of
[Title 9 RCW—page 142]
escape or emergency furloughs as defined in RCW
72.66.010, the department of corrections shall send written
notice of parole, community placement, work release
placement, furlough, or escape about a specific inmate
convicted of a serious drug offense to the following if such
notice has been requested in writing about a specific inmate
convicted of a serious drug offense:
(a) Any witnesses who testified against the inmate in
any court proceedings involving the serious drug offense;
and
(b) Any person specified in writing by the prosecuting
attorney.
Information regarding witnesses requesting the notice,
information regarding any other person specified in writing
by the prosecuting attorney to receive the notice, and the
notice are confidential and shall not be available to the inmate.
(2) If an inmate convicted of a serious drug offense
escapes from a correctional facility, the department of
corrections shall immediately notify, by the most reasonable
and expedient means available, the chief of police of the city
and the sheriff of the county in which the inmate resided
immediately before the inmate’s arrest and conviction. If
previously requested, the department shall also notify the
witnesses who are entitled to notice under this section. If
the inmate is recaptured, the department shall send notice to
the persons designated in this subsection as soon as possible
but in no event later than two working days after the
department learns of such recapture.
(3) If any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal
guardian of the child.
(4) The department of corrections shall send the notices
required by this section to the last address provided to the
department by the requesting party. The requesting party
shall furnish the department with a current address.
(5) For purposes of this section, "serious drug offense"
means an offense under RCW 69.50.401(a)(1) (i) or (ii) or
(b)(1)(i) or (ii). [1996 c 205 § 4; 1991 c 147 § 1. Formerly
RCW 9.94A.154.]
9.94A.612 Prisoner escape, parole, release, placement, or furlough—Notification procedures. (1) At the
earliest possible date, and in no event later than thirty days
before release except in the event of escape or emergency
furloughs as defined in RCW 72.66.010, the department of
corrections shall send written notice of parole, release,
community placement, work release placement, furlough, or
escape about a specific inmate convicted of a violent
offense, a sex offense as defined by RCW 9.94A.030, or a
felony harassment offense as defined by RCW 9A.46.060 or
9A.46.110, to the following:
(a) The chief of police of the city, if any, in which the
inmate will reside or in which placement will be made in a
work release program; and
(b) The sheriff of the county in which the inmate will
reside or in which placement will be made in a work release
program.
The sheriff of the county where the offender was
convicted shall be notified if the department does not know
where the offender will reside. The department shall notify
(2002 Ed.)
Sentencing Reform Act of 1981
the state patrol of the release of all sex offenders, and that
information shall be placed in the Washington crime information center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this
section shall be sent to the following if such notice has been
requested in writing about a specific inmate convicted of a
violent offense, a sex offense as defined by RCW 9.94A.030,
or a felony harassment offense as defined by RCW
9A.46.060 or 9A.46.110:
(a) The victim of the crime for which the inmate was
convicted or the victim’s next of kin if the crime was a
homicide;
(b) Any witnesses who testified against the inmate in
any court proceedings involving the violent offense;
(c) Any person specified in writing by the prosecuting
attorney; and
(d) Any person who requests such notice about a
specific inmate convicted of a sex offense as defined by
RCW 9.94A.030 from the department of corrections at least
sixty days prior to the expected release date of the offender.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be
available to the inmate. Whenever the department of corrections mails notice pursuant to this subsection and the notice
is returned as undeliverable, the department shall attempt
alternative methods of notification, including a telephone call
to the person’s last known telephone number.
(3) The existence of the notice requirements contained
in subsections (1) and (2) of this section shall not require an
extension of the release date in the event that the release
plan changes after notification.
(4) If an inmate convicted of a violent offense, a sex
offense as defined by RCW 9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060 or 9A.46.110,
escapes from a correctional facility, the department of
corrections shall immediately notify, by the most reasonable
and expedient means available, the chief of police of the city
and the sheriff of the county in which the inmate resided
immediately before the inmate’s arrest and conviction. If
previously requested, the department shall also notify the
witnesses and the victim of the crime for which the inmate
was convicted or the victim’s next of kin if the crime was a
homicide. If the inmate is recaptured, the department shall
send notice to the persons designated in this subsection as
soon as possible but in no event later than two working days
after the department learns of such recapture.
(5) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this
section shall be sent to the parents or legal guardian of the
child.
(6) The department of corrections shall send the notices
required by this chapter to the last address provided to the
department by the requesting party. The requesting party
shall furnish the department with a current address.
(7) The department of corrections shall keep, for a
minimum of two years following the release of an inmate,
the following:
(a) A document signed by an individual as proof that
that person is registered in the victim or witness notification
program; and
(2002 Ed.)
9.94A.612
(b) A receipt showing that an individual registered in
the victim or witness notification program was mailed a
notice, at the individual’s last known address, upon the
release or movement of an inmate.
(8) For purposes of this section the following terms
have the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Next of kin" means a person’s spouse, parents,
siblings and children.
(9) Nothing in this section shall impose any liability
upon a chief of police of a city or sheriff of a county for
failing to request in writing a notice as provided in subsection (1) of this section. [1996 c 215 § 4. Prior: 1994 c 129
§ 3; 1994 c 77 § 1; prior: 1992 c 186 § 7; 1992 c 45 § 2;
1990 c 3 § 121; 1989 c 30 § 1; 1985 c 346 § 1. Formerly
RCW 9.94A.155.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.614 Prisoner escape, release, or furlough—
Homicide, violent, and sex offenses—Rights of victims
and witnesses. The department of corrections shall provide
the victims and next of kin in the case of a homicide and
witnesses involved in violent offense cases or sex offenses
as defined by RCW 9.94A.030 where a judgment and
sentence was entered after October 1, 1983, a statement of
the rights of victims and witnesses to request and receive
notification under *RCW 9.94A.612 and 9.94A.616. [1989
c 30 § 2; 1985 c 346 § 2. Formerly RCW 9.94A.156.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
9.94A.616 Prisoner escape, release, or furlough—
Requests for notification. Requests for notification under
*RCW 9.94A.612 shall be made by sending a written request
by certified mail directly to the department of corrections
and giving the defendant’s name, the name of the county in
which the trial took place, and the month of the trial.
Notification information and necessary forms shall be
available through the department of corrections, county
prosecutors’ offices, and other agencies as deemed appropriate by the department of corrections. [1985 c 346 § 3.
Formerly RCW 9.94A.157.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
9.94A.618 Prisoner escape, release, or furlough—
Notification as additional requirement. The notification
requirements of *RCW 9.94A.612 are in addition to any
requirements in RCW 43.43.745 or other law. [1985 c 346
§ 4. Formerly RCW 9.94A.158.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
9.94A.620 Prisoner escape, release, or furlough—
Consequences of failure to notify. Civil liability shall not
[Title 9 RCW—page 143]
9.94A.620
Title 9 RCW: Crimes and Punishments
result from failure to provide notice required under RCW
*9.94A.612 through 9.94A.618, 9.94A.030, and 43.43.745
unless the failure is the result of gross negligence. [1985 c
346 § 7. Formerly RCW 9.94A.159.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
9.94A.625 Tolling of term of confinement, supervision. (1) A term of confinement ordered in a sentence
pursuant to this chapter shall be tolled by any period of time
during which the offender has absented himself or herself
from confinement without the prior approval of the entity in
whose custody the offender has been placed. A term of
partial confinement shall be tolled during any period of time
spent in total confinement pursuant to a new conviction or
pursuant to sanctions for violation of sentence conditions on
a separate felony conviction.
(2) Any term of community custody, community
placement, or community supervision shall be tolled by any
period of time during which the offender has absented
himself or herself from supervision without prior approval of
the entity under whose supervision the offender has been
placed.
(3) Any period of community custody, community
placement, or community supervision shall be tolled during
any period of time the offender is in confinement for any
reason. However, if an offender is detained pursuant to
*RCW 9.94A.740 or 9.94A.631 and is later found not to
have violated a condition or requirement of community
custody, community placement, or community supervision,
time spent in confinement due to such detention shall not toll
the period of community custody, community placement, or
community supervision.
(4) For terms of confinement or community custody,
community placement, or community supervision, the date
for the tolling of the sentence shall be established by the
entity responsible for the confinement or supervision. [2000
c 226 § 5. Prior: 1999 c 196 § 7; 1999 c 143 § 14; 1993
c 31 § 2; 1988 c 153 § 9; 1981 c 137 § 17. Formerly RCW
9.94A.170.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2000 c 226 § 5: "Section 5 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [March 30, 2000]." [2000 c 226 § 7.]
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.628 Postrelease supervision—Violations—
Expenses. If the offender violates any condition of
postrelease supervision, a hearing may be conducted in the
same manner as provided in *RCW 9.94A.634. Jurisdiction
shall be with the court of the county in which the offender
was sentenced. However, the court may order a change of
venue to the offender’s county of residence or where the
[Title 9 RCW—page 144]
violation occurred, for the purpose of holding a violation
hearing.
After the hearing, the court may order the offender to be
confined for up to sixty days per violation in the county jail.
Reimbursement to a city or county for the care of offenders
who are detained solely for violating a condition of
postrelease supervision shall be under RCW 70.48.440. A
county shall be reimbursed for indigent defense costs for
offenders who are detained solely for violating a condition
of postrelease supervision in accordance with regulations to
be promulgated by the office of financial management. An
offender may be held in jail at state expense pending the
hearing, and any time served while awaiting the hearing shall
be credited against confinement imposed for a violation.
The court shall retain jurisdiction for the purpose of holding
the violation hearing and imposing a sanction. [1988 c 153
§ 8. Formerly RCW 9.94A.175.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
9.94A.631 Violation of condition or requirement of
sentence—Arrest by community corrections officer—
Confinement in county jail. If an offender violates any
condition or requirement of a sentence, a community
corrections officer may arrest or cause the arrest of the
offender without a warrant, pending a determination by the
court. If there is reasonable cause to believe that an offender has violated a condition or requirement of the sentence, an
offender may be required to submit to a search and seizure
of the offender’s person, residence, automobile, or other
personal property. A community corrections officer may
also arrest an offender for any crime committed in his or her
presence. The facts and circumstances of the conduct of the
offender shall be reported by the community corrections
officer, with recommendations, to the court.
If a community corrections officer arrests or causes the
arrest of an offender under this section, the offender shall be
confined and detained in the county jail of the county in
which the offender was taken into custody, and the sheriff of
that county shall receive and keep in the county jail, where
room is available, all prisoners delivered to the jail by the
community corrections officer, and such offenders shall not
be released from custody on bail or personal recognizance,
except upon approval of the court, pursuant to a written
order. [1984 c 209 § 11. Formerly RCW 9.94A.195.]
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.634 Noncompliance with condition or requirement of sentence—Procedure—Penalty. (1) If an
offender violates any condition or requirement of a sentence,
the court may modify its order of judgment and sentence and
impose further punishment in accordance with this section.
(2) In cases where conditions from a second or later
sentence of community supervision begin prior to the term
of the second or later sentence, the court shall treat a
violation of such conditions as a violation of the sentence of
community supervision currently being served.
(2002 Ed.)
Sentencing Reform Act of 1981
(3) If an offender fails to comply with any of the
requirements or conditions of a sentence the following
provisions apply:
(a)(i) Following the violation, if the offender and the
department make a stipulated agreement, the department may
impose sanctions such as work release, home detention with
electronic monitoring, work crew, community restitution,
inpatient treatment, daily reporting, curfew, educational or
counseling sessions, supervision enhanced through electronic
monitoring, jail time, or other sanctions available in the
community.
(ii) Within seventy-two hours of signing the stipulated
agreement, the department shall submit a report to the court
and the prosecuting attorney outlining the violation or
violations, and sanctions imposed. Within fifteen days of
receipt of the report, if the court is not satisfied with the
sanctions, the court may schedule a hearing and may modify
the department’s sanctions. If this occurs, the offender may
withdraw from the stipulated agreement.
(iii) If the offender fails to comply with the sanction
administratively imposed by the department, the court may
take action regarding the original noncompliance. Offender
failure to comply with the sanction administratively imposed
by the department may be considered an additional violation.
(b) In the absence of a stipulated agreement, or where
the court is not satisfied with the department’s sanctions as
provided in (a) of this subsection, the court, upon the motion
of the state, or upon its own motion, shall require the
offender to show cause why the offender should not be
punished for the noncompliance. The court may issue a
summons or a warrant of arrest for the offender’s appearance;
(c) The state has the burden of showing noncompliance
by a preponderance of the evidence. If the court finds that
the violation has occurred, it may order the offender to be
confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to
total confinement, (ii) convert community restitution obligation to total or partial confinement, (iii) convert monetary
obligations, except restitution and the crime victim penalty
assessment, to community restitution hours at the rate of the
state minimum wage as established in RCW 49.46.020 for
each hour of community restitution, or (iv) order one or
more of the penalties authorized in (a)(i) of this subsection.
Any time served in confinement awaiting a hearing on
noncompliance shall be credited against any confinement
order by the court;
(d) If the court finds that the violation was not willful,
the court may modify its previous order regarding payment
of legal financial obligations and regarding community
restitution obligations; and
(e) If the violation involves a failure to undergo or
comply with mental status evaluation and/or outpatient
mental health treatment, the community corrections officer
shall consult with the treatment provider or proposed
treatment provider. Enforcement of orders concerning
outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive
means of promoting participation in treatment. If the
offender’s failure to receive care essential for health and
safety presents a risk of serious physical harm or probable
harmful consequences, the civil detention and commitment
(2002 Ed.)
9.94A.634
procedures of chapter 71.05 RCW shall be considered in
preference to incarceration in a local or state correctional
facility.
(4) The community corrections officer may obtain
information from the offender’s mental health treatment
provider on the offender’s status with respect to evaluation,
application for services, registration for services, and
compliance with the supervision plan, without the offender’s
consent, as described under RCW 71.05.630.
(5) An offender under community placement or community supervision who is civilly detained under chapter 71.05
RCW, and subsequently discharged or conditionally released
to the community, shall be under the supervision of the department of corrections for the duration of his or her period
of community placement or community supervision. During
any period of inpatient mental health treatment that falls
within the period of community placement or community
supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other
about the offender’s discharge, release, and legal status, and
shall share other relevant information.
(6) Nothing in this section prohibits the filing of escape
charges if appropriate. [2002 c 175 § 8; 1998 c 260 § 4.
Prior: 1995 c 167 § 1; 1995 c 142 § 1; 1989 c 252 § 7;
prior: 1988 c 155 § 2; 1988 c 153 § 11; 1984 c 209 § 12;
1981 c 137 § 20. Formerly RCW 9.94A.200.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1998 c 260: See note following RCW 9.94A.500.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.92.150.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.637 Discharge upon completion of sentence—
Certificate of discharge—Obligations, counseling after
discharge. (1) When an offender has completed all requirements of the sentence, including any and all legal financial
obligations, and while under the custody and supervision of
the department, the secretary or the secretary’s designee shall
notify the sentencing court, which shall discharge the
offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or
by mailing the certificate to the offender’s last known
address.
(2) The court shall send a copy of every signed certificate of discharge to the auditor for the county in which the
court resides and to the department. The department shall
create and maintain a data base containing the names of all
felons who have been issued certificates of discharge, the
date of discharge, and the date of conviction and offense.
(3) An offender who is not convicted of a violent
offense or a sex offense and is sentenced to a term involving
community supervision may be considered for a discharge of
sentence by the sentencing court prior to the completion of
community supervision, provided that the offender has
completed at least one-half of the term of community
supervision and has met all other sentence requirements.
(4) Except as provided in subsection (5) of this section,
the discharge shall have the effect of restoring all civil rights
[Title 9 RCW—page 145]
9.94A.637
Title 9 RCW: Crimes and Punishments
lost by operation of law upon conviction, and the certificate
of discharge shall so state. Nothing in this section prohibits
the use of an offender’s prior record for purposes of determining sentences for later offenses as provided in this
chapter. Nothing in this section affects or prevents use of
the offender’s prior conviction in a later criminal prosecution
either as an element of an offense or for impeachment
purposes. A certificate of discharge is not based on a
finding of rehabilitation.
(5) Unless otherwise ordered by the sentencing court, a
certificate of discharge shall not terminate the offender’s
obligation to comply with an order issued under chapter
10.99 RCW that excludes or prohibits the offender from
having contact with a specified person or coming within a
set distance of any specified location that was contained in
the judgment and sentence. An offender who violates such
an order after a certificate of discharge has been issued shall
be subject to prosecution according to the chapter under
which the order was originally issued.
(6) Upon release from custody, the offender may apply
to the department for counseling and help in adjusting to the
community. This voluntary help may be provided for up to
one year following the release from custody. [2002 c 16 §
2; 2000 c 119 § 3; 1994 c 271 § 901; 1984 c 209 § 14; 1981
c 137 § 22. Formerly RCW 9.94A.220.]
Intent—2002 c 16: "The legislature recognizes that an individual’s
right to vote is a hallmark of a free and inclusive society and that it is in the
best interests of society to provide reasonable opportunities and processes
for an offender to regain the right to vote after completion of all of the
requirements of his or her sentence. The legislature intends to clarify the
method by which the court may fulfill its already existing direction to
provide discharged offenders with their certificates of discharge." [2002 c
16 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.640 Vacation of offender’s record of conviction. (1) Every offender who has been discharged under
*RCW 9.94A.637 may apply to the sentencing court for a
vacation of the offender’s record of conviction. If the court
finds the offender meets the tests prescribed in subsection (2)
of this section, the court may clear the record of conviction
by: (a) Permitting the offender to withdraw the offender’s
plea of guilty and to enter a plea of not guilty; or (b) if the
offender has been convicted after a plea of not guilty, by the
court setting aside the verdict of guilty; and (c) by the court
dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction
cleared if: (a) There are any criminal charges against the
offender pending in any court of this state or another state,
or in any federal court; (b) the offense was a violent offense
as defined in RCW 9.94A.030; (c) the offense was a crime
against persons as defined in RCW 43.43.830; (d) the
offender has been convicted of a new crime in this state,
another state, or federal court since the date of the offender’s
discharge under *RCW 9.94A.637; (e) the offense is a class
B felony and less than ten years have passed since the date
the applicant was discharged under *RCW 9.94A.637; and
(f) the offense was a class C felony and less than five years
[Title 9 RCW—page 146]
have passed since the date the applicant was discharged
under *RCW 9.94A.637.
(3) Once the court vacates a record of conviction under
subsection (1) of this section, the fact that the offender has
been convicted of the offense shall not be included in the
offender’s criminal history for purposes of determining a
sentence in any subsequent conviction, and the offender shall
be released from all penalties and disabilities resulting from
the offense. For all purposes, including responding to
questions on employment applications, an offender whose
conviction has been vacated may state that the offender has
never been convicted of that crime. Nothing in this section
affects or prevents the use of an offender’s prior conviction
in a later criminal prosecution. [1987 c 486 § 7; 1981 c 137
§ 23. Formerly RCW 9.94A.230.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.650 First-time offender waiver. (1) This
section applies to offenders who have never been previously
convicted of a felony in this state, federal court, or another
state, and who have never participated in a program of deferred prosecution for a felony, and who are convicted of a
felony that is not:
(a) Classified as a violent offense or a sex offense under
this chapter;
(b) Manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance classified in
Schedule I or II that is a narcotic drug or flunitrazepam
classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to
deliver a methamphetamine, its salts, isomers, and salts of its
isomers as defined in RCW 69.50.206(d)(2); or
(d) The selling for profit of any controlled substance or
counterfeit substance classified in Schedule I, RCW
69.50.204, except leaves and flowering tops of marihuana.
(2) In sentencing a first-time offender the court may
waive the imposition of a sentence within the standard
sentence range and impose a sentence which may include up
to ninety days of confinement in a facility operated or
utilized under contract by the county and a requirement that
the offender refrain from committing new offenses. The
sentence may also include a term of community supervision
or community custody as specified in subsection (3) of this
section, which, in addition to crime-related prohibitions, may
include requirements that the offender perform any one or
more of the following:
(a) Devote time to a specific employment or occupation;
(b) Undergo available outpatient treatment for up to the
period specified in subsection (3) of this section, or inpatient
treatment not to exceed the standard range of confinement
for that offense;
(c) Pursue a prescribed, secular course of study or
vocational training;
(d) Remain within prescribed geographical boundaries
and notify the community corrections officer prior to any
change in the offender’s address or employment;
(e) Report as directed to a community corrections
officer; or
(2002 Ed.)
Sentencing Reform Act of 1981
(f) Pay all court-ordered legal financial obligations as
provided in RCW 9.94A.030 and/or perform community
restitution work.
(3) The terms and statuses applicable to sentences under
subsection (2) of this section are:
(a) For sentences imposed on or after July 25, 1999, for
crimes committed before July 1, 2000, up to one year of
community supervision. If treatment is ordered, the period
of community supervision may include up to the period of
treatment, but shall not exceed two years; and
(b) For crimes committed on or after July 1, 2000, up
to one year of community custody unless treatment is
ordered, in which case the period of community custody may
include up to the period of treatment, but shall not exceed
two years. Any term of community custody imposed under
this section is subject to conditions and sanctions as authorized in this section and in RCW 9.94A.715 (2) and (3).
(4) The department shall discharge from community
supervision any offender sentenced under this section before
July 25, 1999, who has served at least one year of community supervision and has completed any treatment ordered by
the court. [2002 c 175 § 9; 2000 c 28 § 18.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.660 Drug offender sentencing alternative.
(Effective until July 1, 2004.) (1) An offender is eligible
for the special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a
violent offense or sex offense and the violation does not
involve a sentence enhancement under *RCW 9.94A.510 (3)
or (4);
(b) The offender has no current or prior convictions for
a sex offense or violent offense in this state, another state, or
the United States;
(c) For a violation of the Uniform Controlled Substances
Act under chapter 69.50 RCW or a criminal solicitation to
commit such a violation under chapter 9A.28 RCW, the
offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale
price, and street value of the controlled substance; and
(d) The offender has not been found by the United
States attorney general to be subject to a deportation detainer
or order and does not become subject to a deportation order
during the period of the sentence.
(2) If the standard sentence range is greater than one
year and the sentencing court determines that the offender is
eligible for this alternative and that the offender and the
community will benefit from the use of the alternative, the
judge may waive imposition of a sentence within the standard sentence range and impose a sentence that must include
a period of total confinement in a state facility for one-half
of the midpoint of the standard sentence range. During
incarceration in the state facility, offenders sentenced under
this subsection shall undergo a comprehensive substance
abuse assessment and receive, within available resources,
treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol
(2002 Ed.)
9.94A.650
and substance abuse of the department of social and health
services, in cooperation with the department of corrections.
The court shall also impose:
(a) The remainder of the midpoint of the standard range
as a term of community custody which must include appropriate substance abuse treatment in a program that has been
approved by the division of alcohol and substance abuse of
the department of social and health services;
(b) Crime-related prohibitions including a condition not
to use illegal controlled substances;
(c) A requirement to submit to urinalysis or other testing
to monitor that status; and
(d) A term of community custody pursuant to RCW
9.94A.715 to be imposed upon failure to complete or
administrative termination from the special drug offender
sentencing alternative program.
The court may prohibit the offender from using alcohol
or controlled substances and may require that the monitoring
for controlled substances be conducted by the department or
by a treatment alternatives to street crime program or a
comparable court or agency-referred program. The offender
may be required to pay thirty dollars per month while on
community custody to offset the cost of monitoring. In
addition, the court shall impose three or more of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Remain within prescribed geographical boundaries
and notify the court or the community corrections officer
before any change in the offender’s address or employment;
(iii) Report as directed to a community corrections
officer;
(iv) Pay all court-ordered legal financial obligations;
(v) Perform community restitution work;
(vi) Stay out of areas designated by the sentencing
court;
(vii) Such other conditions as the court may require
such as affirmative conditions.
(3) If the offender violates any of the sentence conditions in subsection (2) of this section or is found by the
United States attorney general to be subject to a deportation
order, a violation hearing shall be held by the department
unless waived by the offender.
(a) If the department finds that conditions have been
willfully violated, the offender may be reclassified to serve
the remaining balance of the original sentence.
(b) If the department finds that the offender is subject
to a valid deportation order, the department may administratively terminate the offender from the program and reclassify
the offender to serve the remaining balance of the original
sentence.
(4) The department shall determine the rules for
calculating the value of a day fine based on the offender’s
income and reasonable obligations which the offender has
for the support of the offender and any dependents. These
rules shall be developed in consultation with the administrator for the courts, the office of financial management, and
the commission.
(5) An offender who fails to complete the special drug
offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to
serve the unexpired term of his or her sentence as ordered by
the sentencing court and shall be subject to all rules relating
[Title 9 RCW—page 147]
9.94A.660
Title 9 RCW: Crimes and Punishments
to earned release time. An offender who violates any
conditions of supervision as defined by the department shall
be sanctioned. Sanctions may include, but are not limited to,
reclassifying the offender to serve the unexpired term of his
or her sentence as ordered by the sentencing court. If an
offender is reclassified to serve the unexpired term of his or
her sentence, the offender shall be subject to all rules
relating to earned release time. [2002 c 175 § 10; 2001 c 10
§ 4; 2000 c 28 § 19.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.660 Drug offender sentencing alternative.
(Effective July 1, 2004.) (1) An offender is eligible for the
special drug offender sentencing alternative if:
(a) The offender is convicted of a felony that is not a
violent offense or sex offense and the violation does not
involve a sentence enhancement under RCW 9.94A.533 (3)
or (4);
(b) The offender has no current or prior convictions for
a sex offense or violent offense in this state, another state, or
the United States;
(c) For a violation of the Uniform Controlled Substances
Act under chapter 69.50 RCW or a criminal solicitation to
commit such a violation under chapter 9A.28 RCW, the
offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale
price, and street value of the controlled substance; and
(d) The offender has not been found by the United
States attorney general to be subject to a deportation detainer
or order and does not become subject to a deportation order
during the period of the sentence.
(2) If the standard sentence range is greater than one
year and the sentencing court determines that the offender is
eligible for this alternative and that the offender and the
community will benefit from the use of the alternative, the
judge may waive imposition of a sentence within the standard sentence range and impose a sentence that must include
a period of total confinement in a state facility for one-half
of the midpoint of the standard sentence range. During
incarceration in the state facility, offenders sentenced under
this subsection shall undergo a comprehensive substance
abuse assessment and receive, within available resources,
treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol
and substance abuse of the department of social and health
services, in cooperation with the department of corrections.
The court shall also impose:
(a) The remainder of the midpoint of the standard range
as a term of community custody which must include appropriate substance abuse treatment in a program that has been
approved by the division of alcohol and substance abuse of
the department of social and health services;
(b) Crime-related prohibitions including a condition not
to use illegal controlled substances;
[Title 9 RCW—page 148]
(c) A requirement to submit to urinalysis or other testing
to monitor that status; and
(d) A term of community custody pursuant to RCW
9.94A.715 to be imposed upon failure to complete or
administrative termination from the special drug offender
sentencing alternative program.
The court may prohibit the offender from using alcohol
or controlled substances and may require that the monitoring
for controlled substances be conducted by the department or
by a treatment alternatives to street crime program or a
comparable court or agency-referred program. The offender
may be required to pay thirty dollars per month while on
community custody to offset the cost of monitoring. In
addition, the court shall impose three or more of the following conditions:
(i) Devote time to a specific employment or training;
(ii) Remain within prescribed geographical boundaries
and notify the court or the community corrections officer
before any change in the offender’s address or employment;
(iii) Report as directed to a community corrections
officer;
(iv) Pay all court-ordered legal financial obligations;
(v) Perform community restitution work;
(vi) Stay out of areas designated by the sentencing
court;
(vii) Such other conditions as the court may require
such as affirmative conditions.
(3) If the offender violates any of the sentence conditions in subsection (2) of this section or is found by the
United States attorney general to be subject to a deportation
order, a violation hearing shall be held by the department
unless waived by the offender.
(a) If the department finds that conditions have been
willfully violated, the offender may be reclassified to serve
the remaining balance of the original sentence.
(b) If the department finds that the offender is subject
to a valid deportation order, the department may administratively terminate the offender from the program and reclassify
the offender to serve the remaining balance of the original
sentence.
(4) The department shall determine the rules for
calculating the value of a day fine based on the offender’s
income and reasonable obligations which the offender has
for the support of the offender and any dependents. These
rules shall be developed in consultation with the administrator for the courts, the office of financial management, and
the commission.
(5) An offender who fails to complete the special drug
offender sentencing alternative program or who is administratively terminated from the program shall be reclassified to
serve the unexpired term of his or her sentence as ordered by
the sentencing court and shall be subject to all rules relating
to earned release time. An offender who violates any
conditions of supervision as defined by the department shall
be sanctioned. Sanctions may include, but are not limited to,
reclassifying the offender to serve the unexpired term of his
or her sentence as ordered by the sentencing court. If an
offender is reclassified to serve the unexpired term of his or
her sentence, the offender shall be subject to all rules
relating to earned release time. [2002 c 290 § 20; 2002 c
175 § 10; 2001 c 10 § 4; 2000 c 28 § 19.]
(2002 Ed.)
Sentencing Reform Act of 1981
Reviser’s note: This section was amended by 2002 c 175 § 10 and
by 2002 c 290 § 20, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.670 Special sex offender sentencing alternative. (1) Unless the context clearly requires otherwise, the
definitions in this subsection apply to this section only.
(a) "Sex offender treatment provider" or "treatment
provider" means a certified sex offender treatment provider
as defined in RCW 18.155.020.
(b) "Victim" means any person who has sustained
emotional, psychological, physical, or financial injury to
person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a
minor child unless the parent or guardian is the perpetrator
of the offense.
(2) An offender is eligible for the special sex offender
sentencing alternative if:
(a) The offender has been convicted of a sex offense
other than a violation of RCW 9A.44.050 or a sex offense
that is also a serious violent offense;
(b) The offender has no prior convictions for a sex
offense as defined in RCW 9.94A.030 or any other felony
sex offenses in this or any other state; and
(c) The offender’s standard sentence range for the
offense includes the possibility of confinement for less than
eleven years.
(3) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the
state or the offender, may order an examination to determine
whether the offender is amenable to treatment.
(a) The report of the examination shall include at a
minimum the following:
(i) The offender’s version of the facts and the official
version of the facts;
(ii) The offender’s offense history;
(iii) An assessment of problems in addition to alleged
deviant behaviors;
(iv) The offender’s social and employment situation; and
(v) Other evaluation measures used.
The report shall set forth the sources of the examiner’s
information.
(b) The examiner shall assess and report regarding the
offender’s amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided
and shall include, at a minimum:
(i) Frequency and type of contact between offender and
therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and
monitoring by family members and others;
(2002 Ed.)
9.94A.660
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
(c) The court on its own motion may order, or on a
motion by the state shall order, a second examination
regarding the offender’s amenability to treatment. The
examiner shall be selected by the party making the motion.
The offender shall pay the cost of any second examination
ordered unless the court finds the defendant to be indigent in
which case the state shall pay the cost.
(4) After receipt of the reports, the court shall consider
whether the offender and the community will benefit from
use of this alternative and consider the victim’s opinion
whether the offender should receive a treatment disposition
under this section. If the court determines that this alternative is appropriate, the court shall then impose a sentence or,
pursuant to RCW 9.94A.712, a minimum term of sentence,
within the standard sentence range. If the sentence imposed
is less than eleven years of confinement, the court may
suspend the execution of the sentence and impose the
following conditions of suspension:
(a) The court shall place the offender on community
custody for the length of the suspended sentence, the length
of the maximum term imposed pursuant to RCW 9.94A.712,
or three years, whichever is greater, and require the offender
to comply with any conditions imposed by the department
under RCW 9.94A.720.
(b) The court shall order treatment for any period up to
three years in duration. The court, in its discretion, shall
order outpatient sex offender treatment or inpatient sex
offender treatment, if available. A community mental health
center may not be used for such treatment unless it has an
appropriate program designed for sex offender treatment.
The offender shall not change sex offender treatment
providers or treatment conditions without first notifying the
prosecutor, the community corrections officer, and the court.
If any party or the court objects to a proposed change, the
offender shall not change providers or conditions without
court approval after a hearing.
(5) As conditions of the suspended sentence, the court
may impose one or more of the following:
(a) Up to six months of confinement, not to exceed the
sentence range of confinement for that offense;
(b) Crime-related prohibitions;
(c) Require the offender to devote time to a specific
employment or occupation;
(d) Remain within prescribed geographical boundaries
and notify the court or the community corrections officer
prior to any change in the offender’s address or employment;
(e) Report as directed to the court and a community
corrections officer;
(f) Pay all court-ordered legal financial obligations as
provided in RCW 9.94A.030;
(g) Perform community restitution work; or
(h) Reimburse the victim for the cost of any counseling
required as a result of the offender’s crime.
(6) At the time of sentencing, the court shall set a
treatment termination hearing for three months prior to the
anticipated date for completion of treatment.
(7) The sex offender treatment provider shall submit
quarterly reports on the offender’s progress in treatment to
the court and the parties. The report shall reference the
treatment plan and include at a minimum the following:
[Title 9 RCW—page 149]
9.94A.670
Title 9 RCW: Crimes and Punishments
Dates of attendance, offender’s compliance with requirements, treatment activities, the offender’s relative progress in
treatment, and any other material specified by the court at
sentencing.
(8) Prior to the treatment termination hearing, the
treatment provider and community corrections officer shall
submit written reports to the court and parties regarding the
offender’s compliance with treatment and monitoring requirements, and recommendations regarding termination
from treatment, including proposed community custody
conditions. Either party may request, and the court may
order, another evaluation regarding the advisability of
termination from treatment. The offender shall pay the cost
of any additional evaluation ordered unless the court finds
the offender to be indigent in which case the state shall pay
the cost. At the treatment termination hearing the court
may: (a) Modify conditions of community custody, and
either (b) terminate treatment, or (c) extend treatment for up
to the remaining period of community custody.
(9) If a violation of conditions occurs during community
custody, the department shall either impose sanctions as
provided for in *RCW 9.94A.737(2)(a) or refer the violation
to the court and recommend revocation of the suspended
sentence as provided for in subsections (6) and (8) of this
section.
(10) The court may revoke the suspended sentence at
any time during the period of community custody and order
execution of the sentence if: (a) The offender violates the
conditions of the suspended sentence, or (b) the court finds
that the offender is failing to make satisfactory progress in
treatment. All confinement time served during the period of
community custody shall be credited to the offender if the
suspended sentence is revoked.
(11) Examinations and treatment ordered pursuant to
this subsection shall only be conducted by sex offender
treatment providers certified by the department of health
pursuant to chapter 18.155 RCW unless the court finds that:
(a) The offender has already moved to another state or
plans to move to another state for reasons other than
circumventing the certification requirements; or
(b)(i) No certified providers are available for treatment
within a reasonable geographical distance of the offender’s
home; and
(ii) The evaluation and treatment plan comply with this
section and the rules adopted by the department of health.
(12) If the offender is less than eighteen years of age
when the charge is filed, the state shall pay for the cost of
initial evaluation and treatment. [2002 c 175 § 11; 2001 2nd
sp.s. c 12 § 316; 2000 c 28 § 20.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.680 Alternatives to total confinement.
Alternatives to total confinement are available for offenders
with sentences of one year or less. These alternatives
[Title 9 RCW—page 150]
include the following sentence conditions that the court may
order as substitutes for total confinement:
(1) One day of partial confinement may be substituted
for one day of total confinement;
(2) In addition, for offenders convicted of nonviolent
offenses only, eight hours of community restitution may be
substituted for one day of total confinement, with a maximum conversion limit of two hundred forty hours or thirty
days. Community restitution hours must be completed
within the period of community supervision or a time period
specified by the court, which shall not exceed twenty-four
months, pursuant to a schedule determined by the department; and
(3) For offenders convicted of nonviolent and nonsex
offenses, the court may authorize county jails to convert jail
confinement to an available county supervised community
option and may require the offender to perform affirmative
conduct pursuant to *RCW 9.94A.607.
For sentences of nonviolent offenders for one year or
less, the court shall consider and give priority to available
alternatives to total confinement and shall state its reasons in
writing on the judgment and sentence form if the alternatives
are not used. [2002 c 175 § 12; 1999 c 197 § 6. Prior:
1988 c 157 § 4; 1988 c 155 § 3; 1984 c 209 § 21; 1983 c
115 § 9. Formerly RCW 9.94A.380.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—1999 c 197: See note following RCW 9.94A.030.
Application—1988 c 157: See note following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.685 Alien offenders. (1) Subject to the limitations of this section, any alien offender committed to the
custody of the department under the sentencing reform act of
1981, chapter 9.94A RCW, who has been found by the
United States attorney general to be subject to a final order
of deportation or exclusion, may be placed on conditional
release status and released to the immigration and naturalization service for deportation at any time prior to the expiration of the offender’s term of confinement. Conditional
release shall continue until the expiration of the statutory
maximum sentence provided by law for the crime or crimes
of which the offender was convicted. If the offender has
multiple current convictions, the statutory maximum sentence
allowed by law for each crime shall run concurrently.
(2) No offender may be released under this section
unless the secretary or the secretary’s designee find [finds]
that such release is in the best interests of the state of
Washington. Further, releases under this section may occur
only with the approval of the sentencing court and the
prosecuting attorney of the county of conviction.
(3) No offender may be released under this section who
is serving a sentence for a violent offense or sex offense, as
defined in RCW 9.94A.030, or any other offense that is a
crime against a person.
(4) The unserved portion of the term of confinement of
any offender released under this section shall be tolled at the
time the offender is released to the immigration and naturalization service for deportation. Upon the release of an offender to the immigration and naturalization service, the
(2002 Ed.)
Sentencing Reform Act of 1981
9.94A.685
department shall issue a warrant for the offender’s arrest
within the United States. This warrant shall remain in effect
until the expiration of the offender’s conditional release.
(5) Upon arrest of an offender, the department shall
seek extradition as necessary and the offender shall be
returned to the department for completion of the unserved
portion of the offender’s term of total confinement. The
offender shall also be required to fully comply with all the
terms and conditions of the sentence.
(6) Alien offenders released to the immigration and
naturalization service for deportation under this section are
not thereby relieved of their obligation to pay restitution or
other legal financial obligations ordered by the sentencing
court.
(7) Any offender released pursuant to this section who
returns illegally to the United States may not thereafter be
released again pursuant to this section.
(8) The secretary is authorized to take all reasonable
actions to implement this section and shall assist federal
authorities in prosecuting alien offenders who may illegally
reenter the United States and enter the state of Washington.
[1993 c 419 § 1. Formerly RCW 9.94A.280.]
deportation detainer or order; or (e) the offender has participated in the work ethic camp program in the past.
(4) An offender who fails to complete the work ethic
camp program, who is administratively terminated from the
program, or who otherwise violates any conditions of
supervision, as defined by the department, shall be reclassified to serve the unexpired term of his or her sentence as
ordered by the sentencing court and shall be subject to all
rules relating to earned release time.
(5) During the last two weeks prior to release from the
work ethic camp program the department shall provide the
offender with comprehensive transition training. [2000 c 28
§ 21; 1999 c 197 § 5; 1995 1st sp.s. c 19 § 20; 1993 c 338
§ 4. Formerly RCW 9.94A.137.]
9.94A.690 Work ethic camp program—Eligibility—
Sentencing. (1)(a) An offender is eligible to be sentenced
to a work ethic camp if the offender:
(i) Is sentenced to a term of total confinement of not
less than twelve months and one day or more than thirty-six
months;
(ii) Has no current or prior convictions for any sex
offenses or for violent offenses; and
(iii) Is not currently subject to a sentence for, or being
prosecuted for, a violation of the uniform controlled substances act or a criminal solicitation to commit such a
violation under chapter 9A.28 or 69.50 RCW.
(b) The length of the work ethic camp shall be at least
one hundred twenty days and not more than one hundred
eighty days.
(2) If the sentencing court determines that the offender
is eligible for the work ethic camp and is likely to qualify
under subsection (3) of this section, the judge shall impose
a sentence within the standard sentence range and may
recommend that the offender serve the sentence at a work
ethic camp. In sentencing an offender to the work ethic
camp, the court shall specify: (a) That upon completion of
the work ethic camp the offender shall be released on community custody for any remaining time of total confinement;
(b) the applicable conditions of supervision on community
custody status as required by RCW 9.94A.700(4) and
authorized by RCW 9.94A.700(5); and (c) that violation of
the conditions may result in a return to total confinement for
the balance of the offender’s remaining time of confinement.
(3) The department shall place the offender in the work
ethic camp program, subject to capacity, unless: (a) The
department determines that the offender has physical or
mental impairments that would prevent participation and
completion of the program; (b) the department determines
that the offender’s custody level prevents placement in the
program; (c) the offender refuses to agree to the terms and
conditions of the program; (d) the offender has been found
by the United States attorney general to be subject to a
9.94A.700 Community placement. When a court
sentences an offender to a term of total confinement in the
custody of the department for any of the offenses specified
in this section, the court shall also sentence the offender to
a term of community placement as provided in this section.
(1) The court shall order a one-year term of community
placement for the following:
(a) A sex offense or a serious violent offense committed
after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but
before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in
accordance with *RCW 9.94A.602 that the offender or an
accomplice was armed with a deadly weapon at the time of
commission; or
(iv) A felony offense under chapter 69.50 or 69.52
RCW not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of
community placement of two years or up to the period of
earned release awarded pursuant to *RCW 9.94A.728,
whichever is longer, for:
(a) An offense categorized as a sex offense committed
on or after July 1, 1990, but before June 6, 1996, including
those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense
committed on or after July 1, 1990, but before July 1, 2000;
or
(c) A vehicular homicide or vehicular assault committed
on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section
shall begin either upon completion of the term of confinement or at such time as the offender is transferred to
community custody in lieu of earned release. When the
court sentences an offender to the statutory maximum
sentence then the community placement portion of the
sentence shall consist entirely of the community custody to
which the offender may become eligible. Any period of
(2002 Ed.)
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1999 c 197: See note following RCW 9.94A.030.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Findings—Intent—1993 c 338: See RCW 72.09.400.
Severability—Effective date—1993 c 338: See notes following
RCW 72.09.400.
[Title 9 RCW—page 151]
9.94A.700
Title 9 RCW: Crimes and Punishments
community custody actually served shall be credited against
the community placement portion of the sentence.
(4) Unless a condition is waived by the court, the terms
of any community placement imposed under this section
shall include the following conditions:
(a) The offender shall report to and be available for
contact with the assigned community corrections officer as
directed;
(b) The offender shall work at department-approved
education, employment, or community restitution, or any
combination thereof;
(c) The offender shall not possess or consume controlled
substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall
be subject to the prior approval of the department during the
period of community placement.
(5) As a part of any terms of community placement
imposed under this section, the court may also order one or
more of the following special conditions:
(a) The offender shall remain within, or outside of, a
specified geographical boundary;
(b) The offender shall not have direct or indirect contact
with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related
treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related
prohibitions.
(6) An offender convicted of a felony sex offense
against a minor victim after June 6, 1996, shall comply with
any terms and conditions of community placement imposed
by the department relating to contact between the sex
offender and a minor victim or a child of similar age or
circumstance as a previous victim.
(7) Prior to or during community placement, upon
recommendation of the department, the sentencing court may
remove or modify any conditions of community placement
so as not to be more restrictive. [2002 c 175 § 13; 2000 c
28 § 22.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.705 Community placement for specified
offenders. Except for persons sentenced under RCW
9.94A.700(2) or 9.94A.710, when a court sentences a person
to a term of total confinement to the custody of the department for a violent offense, any crime against persons under
*RCW 9.94A.411(2), or any felony offense under chapter
69.50 or 69.52 RCW not sentenced under RCW 9.94A.660,
committed on or after July 25, 1999, but before July 1, 2000,
the court shall in addition to the other terms of the sentence,
sentence the offender to a one-year term of community
placement beginning either upon completion of the term of
confinement or at such time as the offender is transferred to
community custody in lieu of earned release in accordance
with *RCW 9.94A.728 (1) and (2). When the court sentenc[Title 9 RCW—page 152]
es the offender under this section to the statutory maximum
period of confinement, then the community placement
portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in
accordance with *RCW 9.94A.728 (1) and (2). Any period
of community custody actually served shall be credited
against the community placement portion of the sentence.
[2000 c 28 § 23.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.710 Community custody for sex offenders.
(1) When a court sentences a person to the custody of the
department for an offense categorized as a sex offense,
including those sex offenses also included in other offense
categories, committed on or after June 6, 1996, and before
July 1, 2000, the court shall, in addition to other terms of the
sentence, sentence the offender to community custody for
three years or up to the period of earned release awarded
pursuant to *RCW 9.94A.728, whichever is longer. The
community custody shall begin either upon completion of the
term of confinement or at such time as the offender is
transferred to community custody in lieu of earned release.
(2) Unless a condition is waived by the court, the terms
of community custody imposed under this section shall be
the same as those provided for in RCW 9.94A.700(4) and
may include those provided for in RCW 9.94A.700(5). As
part of any sentence that includes a term of community
custody imposed under this section, the court shall also
require the offender to comply with any conditions imposed
by the department under RCW 9.94A.720.
(3) At any time prior to the completion of a sex
offender’s term of community custody, if the court finds that
public safety would be enhanced, the court may impose and
enforce an order extending any or all of the conditions
imposed pursuant to this section for a period up to the
maximum allowable sentence for the crime as it is classified
in chapter 9A.20 RCW, regardless of the expiration of the
offender’s term of community custody. If a violation of a
condition extended under this subsection occurs after the
expiration of the offender’s term of community custody, it
shall be deemed a violation of the sentence for the purposes
of *RCW 9.94A.631 and may be punishable as contempt of
court as provided for in RCW 7.21.040. [2000 c 28 § 24.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.712 Sentencing of nonpersistent offenders.
(1) An offender who is not a persistent offender shall be
sentenced under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree,
rape of a child in the first degree, child molestation in the
first degree, rape of a child in the second degree, or indecent
liberties by forcible compulsion;
(ii) Any of the following offenses with a finding of
sexual motivation: Murder in the first degree, murder in the
second degree, homicide by abuse, kidnapping in the first
(2002 Ed.)
Sentencing Reform Act of 1981
degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the
first degree, or burglary in the first degree; or
(iii) An attempt to commit any crime listed in this
subsection (1)(a);
committed on or after September 1, 2001; or
(b) Has a prior conviction for an offense listed in RCW
9.94A.030(32)(b), and is convicted of any sex offense which
was committed after September 1, 2001.
For purposes of this subsection (1)(b), failure to register
is not a sex offense.
(2) An offender convicted of rape of a child in the first
or second degree or child molestation in the first degree who
was seventeen years of age or younger at the time of the
offense shall not be sentenced under this section.
(3) Upon a finding that the offender is subject to
sentencing under this section, the court shall impose a
sentence to a maximum term consisting of the statutory
maximum sentence for the offense and a minimum term
either within the standard sentence range for the offense, or
outside the standard sentence range pursuant to *RCW
9.94A.535, if the offender is otherwise eligible for such a
sentence.
(4) A person sentenced under subsection (3) of this
section shall serve the sentence in a facility or institution
operated, or utilized under contract, by the state.
(5) When a court sentences a person to the custody of
the department under this section, the court shall, in addition
to the other terms of the sentence, sentence the offender to
community custody under the supervision of the department
and the authority of the board for any period of time the
person is released from total confinement before the expiration of the maximum sentence.
(6)(a) Unless a condition is waived by the court, the
conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also
include those provided for in RCW 9.94A.700(5). The court
may also order the offender to participate in rehabilitative
programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the
offender’s risk of reoffending, or the safety of the community, and the department and the board shall enforce such
conditions pursuant to RCW 9.94A.713, 9.95.425, and
9.95.430.
(b) As part of any sentence under this section, the court
shall also require the offender to comply with any conditions
imposed by the board under RCW 9.94A.713 and 9.95.420
through 9.95.435. [2001 2nd sp.s. c 12 § 303.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.94A.713 Nonpersistent offenders—Conditions. (1)
When an offender is sentenced under RCW 9.94A.712, the
department shall assess the offender’s risk of recidivism and
shall recommend to the board any additional or modified
conditions of the offender’s community custody based upon
the risk to community safety. In addition, the department
shall make a recommendation with regard to, and the board
(2002 Ed.)
9.94A.712
may require the offender to participate in, rehabilitative
programs, or otherwise perform affirmative conduct, and
obey all laws. The board must consider and may impose
department-recommended conditions.
(2) The department may not recommend and the board
may not impose conditions that are contrary to those ordered
by the court and may not contravene or decrease courtimposed conditions. The board shall notify the offender in
writing of any such conditions or modifications.
(3) In setting, modifying, and enforcing conditions of
community custody, the department shall be deemed to be
performing a quasi-judicial function.
(4) If an offender violates conditions imposed by the
court, the department, or the board during community
custody, the board or the department may transfer the
offender to a more restrictive confinement status and impose
other available sanctions as provided in RCW 9.95.435.
(5) By the close of the next business day, after receiving
notice of a condition imposed by the board or the department, an offender may request an administrative hearing
under rules adopted by the board. The condition shall
remain in effect unless the hearing examiner finds that it is
not reasonably related to any of the following:
(a) The crime of conviction;
(b) The offender’s risk of reoffending; or
(c) The safety of the community.
(6) An offender released by the board under RCW
9.95.420 shall be subject to the supervision of the department until the expiration of the maximum term of the
sentence. The department shall monitor the offender’s
compliance with conditions of community custody imposed
by the court, department, or board, and promptly report any
violations to the board. Any violation of conditions of
community custody established or modified by the board
shall be subject to the provisions of RCW 9.95.425 through
9.95.440.
(7) If the department finds that an emergency exists
requiring the immediate imposition of conditions of release
in addition to those set by the board under RCW 9.95.420
and subsection (1) of this section in order to prevent the
offender from committing a crime, the department may
impose additional conditions. The department may not
impose conditions that are contrary to those set by the board
or the court and may not contravene or decrease courtimposed or board-imposed conditions. Conditions imposed
under this subsection shall take effect immediately after notice to the offender by personal service, but shall not remain
in effect longer than seven working days unless approved by
the board under subsection (1) of this section within seven
working days. [2001 2nd sp.s. c 12 § 304.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.94A.715 Community custody for specified offenders. (1) When a court sentences a person to the custody of
the department for a sex offense not sentenced under RCW
9.94A.712, a violent offense, any crime against persons
under *RCW 9.94A.411(2), or a felony offense under
chapter 69.50 or 69.52 RCW, committed on or after July 1,
2000, the court shall in addition to the other terms of the
[Title 9 RCW—page 153]
9.94A.715
Title 9 RCW: Crimes and Punishments
sentence, sentence the offender to community custody for the
community custody range established under *RCW
9.94A.850 or up to the period of earned release awarded
pursuant to *RCW 9.94A.728 (1) and (2), whichever is
longer. The community custody shall begin: (a) Upon
completion of the term of confinement; (b) at such time as
the offender is transferred to community custody in lieu of
earned release in accordance with *RCW 9.94A.728 (1) and
(2); or (c) with regard to offenders sentenced under RCW
9.94A.660, upon failure to complete or administrative
termination from the special drug offender sentencing
alternative program.
(2)(a) Unless a condition is waived by the court, the
conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also
include those provided for in RCW 9.94A.700(5). The court
may also order the offender to participate in rehabilitative
programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the
offender’s risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant
to subsection (6) of this section.
(b) As part of any sentence that includes a term of
community custody imposed under this subsection, the court
shall also require the offender to comply with any conditions
imposed by the department under RCW 9.94A.720. The
department shall assess the offender’s risk of reoffense and
may establish and modify additional conditions of the
offender’s community custody based upon the risk to
community safety. In addition, the department may require
the offender to participate in rehabilitative programs, or
otherwise perform affirmative conduct, and to obey all laws.
(c) The department may not impose conditions that are
contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department
shall notify the offender in writing of any such conditions or
modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed
to be performing a quasi-judicial function.
(3) If an offender violates conditions imposed by the
court or the department pursuant to this section during
community custody, the department may transfer the
offender to a more restrictive confinement status and impose
other available sanctions as provided in *RCW 9.94A.737
and 9.94A.740.
(4) Except for terms of community custody under RCW
9.94A.670, the department shall discharge the offender from
community custody on a date determined by the department,
which the department may modify, based on risk and performance of the offender, within the range or at the end of the
period of earned release, whichever is later.
(5) At any time prior to the completion or termination
of a sex offender’s term of community custody, if the court
finds that public safety would be enhanced, the court may
impose and enforce an order extending any or all of the
conditions imposed pursuant to this section for a period up
to the maximum allowable sentence for the crime as it is
classified in chapter 9A.20 RCW, regardless of the expiration of the offender’s term of community custody. If a
violation of a condition extended under this subsection
occurs after the expiration of the offender’s term of community custody, it shall be deemed a violation of the sentence
[Title 9 RCW—page 154]
for the purposes of *RCW 9.94A.631 and may be punishable
as contempt of court as provided for in RCW 7.21.040. If
the court extends a condition beyond the expiration of the
term of community custody, the department is not responsible for supervision of the offender’s compliance with the
condition.
(6) Within the funds available for community custody,
the department shall determine conditions and duration of
community custody on the basis of risk to community safety,
and shall supervise offenders during community custody on
the basis of risk to community safety and conditions imposed
by the court. The secretary shall adopt rules to implement
the provisions of this subsection.
(7) By the close of the next business day after receiving
notice of a condition imposed or modified by the department,
an offender may request an administrative review under rules
adopted by the department. The condition shall remain in
effect unless the reviewing officer finds that it is not reasonably related to any of the following: (a) The crime of
conviction; (b) the offender’s risk of reoffending; or (c) the
safety of the community. [2001 2nd sp.s. c 12 § 302; 2001
c 10 § 5; 2000 c 28 § 25.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.720 Supervision of offenders. (1)(a) All
offenders sentenced to terms involving community supervision, community restitution, community placement, community custody, or legal financial obligation shall be under the
supervision of the department and shall follow explicitly the
instructions and conditions of the department. The department may require an offender to perform affirmative acts it
deems appropriate to monitor compliance with the conditions
of the sentence imposed.
(b) The instructions shall include, at a minimum,
reporting as directed to a community corrections officer,
remaining within prescribed geographical boundaries,
notifying the community corrections officer of any change in
the offender’s address or employment, and paying the
supervision fee assessment.
(c) For offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996,
the department may include, in addition to the instructions in
(b) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender
from having contact with any other specified individuals or
specific class of individuals.
(d) For offenders sentenced to terms of community
custody for crimes committed on or after July 1, 2000, the
department may impose conditions as specified in RCW
9.94A.715.
The conditions authorized under (c) of this subsection
may be imposed by the department prior to or during an
offender’s community custody term. If a violation of
(2002 Ed.)
Sentencing Reform Act of 1981
conditions imposed by the court or the department pursuant
to RCW 9.94A.710 occurs during community custody, it
shall be deemed a violation of community placement for the
purposes of *RCW 9.94A.740 and shall authorize the
department to transfer an offender to a more restrictive
confinement status as provided in *RCW 9.94A.737. At any
time prior to the completion of an offender’s term of
community custody, the department may recommend to the
court that any or all of the conditions imposed by the court
or the department pursuant to RCW 9.94A.710 or 9.94A.715
be continued beyond the expiration of the offender’s term of
community custody as authorized in RCW 9.94A.715 (3) or
(5).
The department may require offenders to pay for special
services rendered on or after July 25, 1993, including
electronic monitoring, day reporting, and telephone reporting,
dependent upon the offender’s ability to pay. The department may pay for these services for offenders who are not
able to pay.
(2) No offender sentenced to terms involving community supervision, community restitution, community custody,
or community placement under the supervision of the
department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual
or constructive possession of firearms or ammunition shall
be subject to the violation process and sanctions under
*RCW 9.94A.634, 9.94A.737, and 9.94A.740. "Constructive
possession" as used in this subsection means the power and
intent to control the firearm or ammunition. "Firearm" as
used in this subsection has the same definition as in RCW
9.41.010. [2002 c 175 § 14; 2000 c 28 § 26.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.725 Offender work crews. Participation in a
work crew is conditioned upon the offender’s acceptance
into the program, abstinence from alcohol and controlled
substances as demonstrated by urinalysis and breathalyzer
monitoring, with the cost of monitoring to be paid by the
offender, unless indigent; and upon compliance with the
rules of the program, which rules require the offender to
work to the best of his or her abilities and provide the
program with accurate, verified residence information. Work
crew may be imposed simultaneously with electronic home
detention.
Where work crew is imposed as part of a sentence of
nine months or more, the offender must serve a minimum of
thirty days of total confinement before being eligible for
work crew.
Work crew tasks shall be performed for a minimum of
thirty-five hours per week. Only those offenders sentenced
to a facility operated or utilized under contract by a county
or the state, or sanctioned under *RCW 9.94A.737, are
eligible to participate on a work crew. Offenders sentenced
for a sex offense are not eligible for the work crew program.
An offender who has successfully completed four weeks
of work crew at thirty-five hours per week shall thereafter
receive credit toward the work crew sentence for hours
worked at approved, verified employment. Such employ(2002 Ed.)
9.94A.720
ment credit may be earned for up to twenty-four hours actual
employment per week provided, however, that every such
offender shall continue active participation in work crew
projects according to a schedule approved by a work crew
supervisor until the work crew sentence has been served.
The hours served as part of a work crew sentence may
include substance abuse counseling and/or job skills training.
The civic improvement tasks performed by offenders on
work crew shall be unskilled labor for the benefit of the
community as determined by the head of the county executive branch or his or her designee. Civic improvement tasks
shall not be done on private property unless it is owned or
operated by a nonprofit entity, except that, for emergency
purposes only, work crews may perform snow removal on
any private property. The civic improvement tasks shall
have minimal negative impact on existing private industries
or the labor force in the county where the service or labor is
performed. The civic improvement tasks shall not affect
employment opportunities for people with developmental
disabilities contracted through sheltered workshops as
defined in RCW 82.04.385. In case any dispute arises as to
a civic improvement task having more than minimum negative impact on existing private industries or labor force in
the county where their service or labor is performed, the
matter shall be referred by an interested party, as defined in
RCW 39.12.010(4), for arbitration to the director of the
department of labor and industries of the state.
Whenever an offender receives credit against a work
crew sentence for hours of approved, verified employment,
the offender shall pay to the agency administering the
program the monthly assessment of an amount not less than
ten dollars per month nor more than fifty dollars per month.
This assessment shall be considered payment of the costs of
providing the work crew program to an offender. The court
may exempt a person from the payment of all or any part of
the assessment based upon any of the following factors:
(1) The offender has diligently attempted but has been
unable to obtain employment that provides the offender
sufficient income to make such payment.
(2) The offender is a student in a school, college,
university, or a course of vocational or technical training
designed to fit the student for gainful employment.
(3) The offender has an employment handicap, as
determined by an examination acceptable to or ordered by
the court.
(4) The offender is responsible for the support of
dependents and the payment of the assessment constitutes an
undue hardship.
(5) Other extenuating circumstances as determined by
the court. [2000 c 28 § 27; 1991 c 181 § 2. Formerly RCW
9.94A.135.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.728 Earned release time. (Effective until July
1, 2004.) No person serving a sentence imposed pursuant to
this chapter and committed to the custody of the department
shall leave the confines of the correctional facility or be
released prior to the expiration of the sentence except as
follows:
[Title 9 RCW—page 155]
9.94A.728
Title 9 RCW: Crimes and Punishments
(1) Except as otherwise provided for in subsection (2)
of this section, the term of the sentence of an offender
committed to a correctional facility operated by the department may be reduced by earned release time in accordance
with procedures that shall be developed and promulgated by
the correctional agency having jurisdiction in which the
offender is confined. The earned release time shall be for
good behavior and good performance, as determined by the
correctional agency having jurisdiction. The correctional
agency shall not credit the offender with earned release
credits in advance of the offender actually earning the
credits. Any program established pursuant to this section
shall allow an offender to earn early release credits for
presentence incarceration. If an offender is transferred from
a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time
spent in custody at the facility and the amount of earned
release time. An offender who has been convicted of a
felony committed after July 23, 1995, that involves any
applicable deadly weapon enhancements under *RCW
9.94A.510 (3) or (4), or both, shall not receive any good
time credits or earned release time for that portion of his or
her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 1990, the aggregate earned
release time may not exceed fifteen percent of the sentence.
In no other case shall the aggregate earned release time exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second
degree, vehicular homicide, vehicular assault, assault of a
child in the second degree, any crime against persons where
it is determined in accordance with *RCW 9.94A.602 that
the offender or an accomplice was armed with a deadly
weapon at the time of commission, or any felony offense
under chapter 69.50 or 69.52 RCW, committed before July
1, 2000, may become eligible, in accordance with a program
developed by the department, for transfer to community
custody status in lieu of earned release time pursuant to
subsection (1) of this section;
(b) A person convicted of a sex offense, a violent
offense, any crime against persons under *RCW
9.94A.411(2), or a felony offense under chapter 69.50 or
69.52 RCW, committed on or after July 1, 2000, may
become eligible, in accordance with a program developed by
the department, for transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this
section;
(c) The department shall, as a part of its program for
release to the community in lieu of earned release, require
the offender to propose a release plan that includes an
approved residence and living arrangement. All offenders
with community placement or community custody terms
eligible for release to community custody status in lieu of
earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community
custody status in lieu of earned release time pursuant to
subsection (1) of this section if the department determines an
offender’s release plan, including proposed residence location
and living arrangements, may violate the conditions of the
[Title 9 RCW—page 156]
sentence or conditions of supervision, place the offender at
risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety
or community safety. The department’s authority under this
section is independent of any court-ordered condition of
sentence or statutory provision regarding conditions for
community custody or community placement;
(3) An offender may leave a correctional facility
pursuant to an authorized furlough or leave of absence. In
addition, offenders may leave a correctional facility when in
the custody of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary
medical placement for an offender when all of the following
conditions exist:
(i) The offender has a medical condition that is serious
enough to require costly care or treatment;
(ii) The offender poses a low risk to the community
because he or she is physically incapacitated due to age or
the medical condition; and
(iii) Granting the extraordinary medical placement will
result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not
eligible for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function
of the offender’s medical equipment or results in the loss of
funding for the offender’s medical care. The secretary shall
specify who shall provide the monitoring services and the
terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time.
(5) The governor, upon recommendation from the
clemency and pardons board, may grant an extraordinary
release for reasons of serious health problems, senility,
advanced age, extraordinary meritorious acts, or other
extraordinary circumstances;
(6) No more than the final six months of the sentence
may be served in partial confinement designed to aid the
offender in finding work and reestablishing himself or
herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from
confinement any time within ten days before a release date
calculated under this section; and
(9) An offender may leave a correctional facility prior
to completion of his or her sentence if the sentence has been
reduced as provided in *RCW 9.94A.870.
Notwithstanding any other provisions of this section, an
offender sentenced for a felony crime listed in *RCW
9.94A.540 as subject to a mandatory minimum sentence of
total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless
allowed under *RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.
[2002 c 50 § 2; 2000 c 28 § 28. Prior: 1999 c 324 § 1;
1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129 § 7 (Initiative
Measure No. 159); 1992 c 145 § 8; 1990 c 3 § 202; 1989 c
248 § 2; prior: 1988 c 153 § 3; 1988 c 3 § 1; 1984 c 209
(2002 Ed.)
Sentencing Reform Act of 1981
§ 8; 1982 c 192 § 6; 1981 c 137 § 15. Formerly RCW
9.94A.150.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—2002 c 50: "The legislature has determined in RCW
9.94A.728(2) that the department of corrections may transfer offenders to
community custody status in lieu of earned release time in accordance with
a program developed by the department of corrections. It is the legislature’s
intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify
the law to reflect that the secretary of the department has, and has had since
enactment of the community placement act of 1988, the authority to require
all offenders, eligible for release to community custody status in lieu of
earned release, to provide a release plan that includes an approved residence
and living arrangement prior to any transfer to the community." [2002 c 50
§ 1.]
Application—2002 c 50: "This act applies to all offenders with
community placement or community custody terms currently incarcerated
either before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability—2002 c 50: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 50 § 4.]
Effective date—2002 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1996 c 199: See note following RCW 9.94A.505.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: See note following RCW 9.92.151.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.728 Earned release time. (Effective July 1,
2004.) No person serving a sentence imposed pursuant to
this chapter and committed to the custody of the department
shall leave the confines of the correctional facility or be
released prior to the expiration of the sentence except as
follows:
(1) Except as otherwise provided for in subsection (2)
of this section, the term of the sentence of an offender
committed to a correctional facility operated by the department may be reduced by earned release time in accordance
with procedures that shall be developed and promulgated by
the correctional agency having jurisdiction in which the
offender is confined. The earned release time shall be for
good behavior and good performance, as determined by the
correctional agency having jurisdiction. The correctional
agency shall not credit the offender with earned release
credits in advance of the offender actually earning the
credits. Any program established pursuant to this section
shall allow an offender to earn early release credits for
presentence incarceration. If an offender is transferred from
a county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time
spent in custody at the facility and the amount of earned
release time. An offender who has been convicted of a
felony committed after July 23, 1995, that involves any
applicable deadly weapon enhancements under RCW
(2002 Ed.)
9.94A.728
9.94A.533 (3) or (4), or both, shall not receive any good
time credits or earned release time for that portion of his or
her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious
violent offense, or a sex offense that is a class A felony,
committed on or after July 1, 1990, the aggregate earned
release time may not exceed fifteen percent of the sentence.
In no other case shall the aggregate earned release time exceed one-third of the total sentence;
(2)(a) A person convicted of a sex offense or an offense
categorized as a serious violent offense, assault in the second
degree, vehicular homicide, vehicular assault, assault of a
child in the second degree, any crime against persons where
it is determined in accordance with *RCW 9.94A.602 that
the offender or an accomplice was armed with a deadly
weapon at the time of commission, or any felony offense
under chapter 69.50 or 69.52 RCW, committed before July
1, 2000, may become eligible, in accordance with a program
developed by the department, for transfer to community
custody status in lieu of earned release time pursuant to
subsection (1) of this section;
(b) A person convicted of a sex offense, a violent
offense, any crime against persons under *RCW
9.94A.411(2), or a felony offense under chapter 69.50 or
69.52 RCW, committed on or after July 1, 2000, may
become eligible, in accordance with a program developed by
the department, for transfer to community custody status in
lieu of earned release time pursuant to subsection (1) of this
section;
(c) The department shall, as a part of its program for
release to the community in lieu of earned release, require
the offender to propose a release plan that includes an
approved residence and living arrangement. All offenders
with community placement or community custody terms
eligible for release to community custody status in lieu of
earned release shall provide an approved residence and living
arrangement prior to release to the community;
(d) The department may deny transfer to community
custody status in lieu of earned release time pursuant to
subsection (1) of this section if the department determines an
offender’s release plan, including proposed residence location
and living arrangements, may violate the conditions of the
sentence or conditions of supervision, place the offender at
risk to violate the conditions of the sentence, place the
offender at risk to reoffend, or present a risk to victim safety
or community safety. The department’s authority under this
section is independent of any court-ordered condition of
sentence or statutory provision regarding conditions for
community custody or community placement;
(3) An offender may leave a correctional facility
pursuant to an authorized furlough or leave of absence. In
addition, offenders may leave a correctional facility when in
the custody of a corrections officer or officers;
(4)(a) The secretary may authorize an extraordinary
medical placement for an offender when all of the following
conditions exist:
(i) The offender has a medical condition that is serious
enough to require costly care or treatment;
(ii) The offender poses a low risk to the community
because he or she is physically incapacitated due to age or
the medical condition; and
[Title 9 RCW—page 157]
9.94A.728
Title 9 RCW: Crimes and Punishments
(iii) Granting the extraordinary medical placement will
result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not
eligible for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function
of the offender’s medical equipment or results in the loss of
funding for the offender’s medical care. The secretary shall
specify who shall provide the monitoring services and the
terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time.
(5) The governor, upon recommendation from the
clemency and pardons board, may grant an extraordinary
release for reasons of serious health problems, senility,
advanced age, extraordinary meritorious acts, or other
extraordinary circumstances;
(6) No more than the final six months of the sentence
may be served in partial confinement designed to aid the
offender in finding work and reestablishing himself or
herself in the community;
(7) The governor may pardon any offender;
(8) The department may release an offender from
confinement any time within ten days before a release date
calculated under this section; and
(9) An offender may leave a correctional facility prior
to completion of his or her sentence if the sentence has been
reduced as provided in *RCW 9.94A.870.
Notwithstanding any other provisions of this section, an
offender sentenced for a felony crime listed in *RCW
9.94A.540 as subject to a mandatory minimum sentence of
total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless
allowed under *RCW 9.94A.540, however persistent offenders are not eligible for extraordinary medical placement.
[2002 c 290 § 21; 2002 c 50 § 2; 2000 c 28 § 28. Prior:
1999 c 324 § 1; 1999 c 37 § 1; 1996 c 199 § 2; 1995 c 129
§ 7 (Initiative Measure No. 159); 1992 c 145 § 8; 1990 c 3
§ 202; 1989 c 248 § 2; prior: 1988 c 153 § 3; 1988 c 3 §
1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137 § 15.
Formerly RCW 9.94A.150.]
Reviser’s note: *(1) These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2002 c 50 § 2 and by 2002 c 290
§ 21, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Intent—2002 c 50: "The legislature has determined in RCW
9.94A.728(2) that the department of corrections may transfer offenders to
community custody status in lieu of earned release time in accordance with
a program developed by the department of corrections. It is the legislature’s
intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify
the law to reflect that the secretary of the department has, and has had since
enactment of the community placement act of 1988, the authority to require
all offenders, eligible for release to community custody status in lieu of
earned release, to provide a release plan that includes an approved residence
and living arrangement prior to any transfer to the community." [2002 c 50
§ 1.]
[Title 9 RCW—page 158]
Application—2002 c 50: "This act applies to all offenders with
community placement or community custody terms currently incarcerated
either before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability—2002 c 50: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 50 § 4.]
Effective date—2002 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Severability—1996 c 199: See note following RCW 9.94A.505.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: See note following RCW 9.92.151.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.731 Term of partial confinement, work
release, home detention. (1) An offender sentenced to a
term of partial confinement shall be confined in the facility
for at least eight hours per day or, if serving a work crew
sentence shall comply with the conditions of that sentence as
set forth in RCW 9.94A.030(30) and *9.94A.725. The
offender shall be required as a condition of partial confinement to report to the facility at designated times. During the
period of partial confinement, an offender may be required
to comply with crime-related prohibitions and affirmative
conditions imposed by the court or the department pursuant
to this chapter.
(2) An offender in a county jail ordered to serve all or
part of a term of less than one year in work release, work
crew, or a program of home detention who violates the rules
of the work release facility, work crew, or program of home
detention or fails to remain employed or enrolled in school
may be transferred to the appropriate county detention
facility without further court order but shall, upon request, be
notified of the right to request an administrative hearing on
the issue of whether or not the offender failed to comply
with the order and relevant conditions. Pending such
hearing, or in the absence of a request for the hearing, the
offender shall serve the remainder of the term of confinement as total confinement. This subsection shall not affect
transfer or placement of offenders committed to the department.
(3) Participation in work release shall be conditioned
upon the offender attending work or school at regularly
defined hours and abiding by the rules of the work release
facility. [2000 c 28 § 29; 1999 c 143 § 15; 1991 c 181 § 4;
1988 c 154 § 4; 1987 c 456 § 3; 1981 c 137 § 18. Formerly
RCW 9.94A.180.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015
Effective date—1981 c 137: See RCW 9.94A.905.
(2002 Ed.)
Sentencing Reform Act of 1981
9.94A.734 Home detention—Conditions. (1) Home
detention may not be imposed for offenders convicted of:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as
defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW
9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW
9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
Home detention may be imposed for offenders convicted of
possession of a controlled substance under RCW
69.50.401(d) or forged prescription for a controlled substance
under RCW 69.50.403 if the offender fulfills the participation conditions set forth in this section and is monitored for
drug use by a treatment alternatives to street crime program
or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders
convicted of burglary in the second degree as defined in
RCW 9A.52.030 or residential burglary conditioned upon the
offender:
(a) Successfully completing twenty-one days in a work
release program;
(b) Having no convictions for burglary in the second
degree or residential burglary during the preceding two years
and not more than two prior convictions for burglary or
residential burglary;
(c) Having no convictions for a violent felony offense
during the preceding two years and not more than two prior
convictions for a violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention
program.
(3) Participation in a home detention program shall be
conditioned upon:
(a) The offender obtaining or maintaining current
employment or attending a regular course of school study at
regularly defined hours, or the offender performing parental
duties to offspring or minors normally in the custody of the
offender;
(b) Abiding by the rules of the home detention program;
and
(c) Compliance with court-ordered legal financial
obligations. The home detention program may also be made
available to offenders whose charges and convictions do not
otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under
the home detention program, or where the health and welfare
of the offender, other inmates, or staff would be jeopardized
by the offender’s incarceration. Participation in the home
detention program for medical or health-related reasons is
conditioned on the offender abiding by the rules of the home
detention program and complying with court-ordered
restitution. [2000 c 28 § 30; 1995 c 108 § 2. Formerly
RCW 9.94A.185.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1995 c 108: See note following RCW 9.94A.030.
(2002 Ed.)
9.94A.734
9.94A.737 Community custody—Violations. (1) If
an offender violates any condition or requirement of community custody, the department may transfer the offender to a
more restrictive confinement status to serve up to the
remaining portion of the sentence, less credit for any period
actually spent in community custody or in detention awaiting
disposition of an alleged violation and subject to the limitations of subsection (2) of this section.
(2)(a) For a sex offender sentenced to a term of community custody under *RCW 9.94A.670 who violates any
condition of community custody, the department may impose
a sanction of up to sixty days’ confinement in a local
correctional facility for each violation. If the department
imposes a sanction, the department shall submit within
seventy-two hours a report to the court and the prosecuting
attorney outlining the violation or violations and the sanctions imposed.
(b) For a sex offender sentenced to a term of community custody under *RCW 9.94A.710 who violates any
condition of community custody after having completed his
or her maximum term of total confinement, including time
served on community custody in lieu of earned release, the
department may impose a sanction of up to sixty days in a
local correctional facility for each violation.
(c) For an offender sentenced to a term of community
custody under *RCW 9.94A.505(2)(b), 9.94A.650, or
9.94A.715, or under *RCW 9.94A.545, for a crime committed on or after July 1, 2000, who violates any condition of
community custody after having completed his or her
maximum term of total confinement, including time served
on community custody in lieu of earned release, the department may impose a sanction of up to sixty days in total
confinement for each violation. The department may impose
sanctions such as work release, home detention with electronic monitoring, work crew, community restitution,
inpatient treatment, daily reporting, curfew, educational or
counseling sessions, supervision enhanced through electronic
monitoring, or any other sanctions available in the community.
(d) For an offender sentenced to a term of community
placement under *RCW 9.94A.705 who violates any
condition of community placement after having completed
his or her maximum term of total confinement, including
time served on community custody in lieu of earned release,
the department may impose a sanction of up to sixty days in
total confinement for each violation. The department may
impose sanctions such as work release, home detention with
electronic monitoring, work crew, community restitution,
inpatient treatment, daily reporting, curfew, educational or
counseling sessions, supervision enhanced through electronic
monitoring, or any other sanctions available in the community.
(3) If an offender is accused of violating any condition
or requirement of community custody, he or she is entitled
to a hearing before the department prior to the imposition of
sanctions. The hearing shall be considered as offender
disciplinary proceedings and shall not be subject to chapter
34.05 RCW. The department shall develop hearing procedures and a structure of graduated sanctions.
[Title 9 RCW—page 159]
9.94A.737
Title 9 RCW: Crimes and Punishments
(4) The hearing procedures required under subsection
(3) of this section shall be developed by rule and include the
following:
(a) Hearing officers shall report through a chain of
command separate from that of community corrections
officers;
(b) The department shall provide the offender with
written notice of the violation, the evidence relied upon, and
the reasons the particular sanction was imposed. The notice
shall include a statement of the rights specified in this
subsection, and the offender’s right to file a personal
restraint petition under court rules after the final decision of
the department;
(c) The hearing shall be held unless waived by the
offender, and shall be electronically recorded. For offenders
not in total confinement, the hearing shall be held within
fifteen working days, but not less than twenty-four hours,
after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but
not less than twenty-four hours, after notice of the violation;
(d) The offender shall have the right to: (i) Be present
at the hearing; (ii) have the assistance of a person qualified
to assist the offender in the hearing, appointed by the hearing
officer if the offender has a language or communications
barrier; (iii) testify or remain silent; (iv) call witnesses and
present documentary evidence; and (v) question witnesses
who appear and testify; and
(e) The sanction shall take effect if affirmed by the
hearing officer. Within seven days after the hearing officer’s
decision, the offender may appeal the decision to a panel of
three reviewing officers designated by the secretary or by the
secretary’s designee. The sanction shall be reversed or
modified if a majority of the panel finds that the sanction
was not reasonably related to any of the following: (i) The
crime of conviction; (ii) the violation committed; (iii) the
offender’s risk of reoffending; or (iv) the safety of the
community.
(5) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or
unconfirmable allegations. [2002 c 175 § 15; 1999 c 196 §
8; 1996 c 275 § 3; 1988 c 153 § 4. Formerly RCW
9.94A.205.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 §§ 1-5: See note following RCW
9.94A.505.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
9.94A.740 Community placement, custody violators—Arrest, detention, financial responsibility. (1) The
secretary may issue warrants for the arrest of any offender
who violates a condition of community placement or
community custody. The arrest warrants shall authorize any
law enforcement or peace officer or community corrections
officer of this state or any other state where such offender
may be located, to arrest the offender and place him or her
[Title 9 RCW—page 160]
in total confinement pending disposition of the alleged
violation. The department shall compensate the local jurisdiction at the office of financial management’s adjudicated
rate, in accordance with RCW 70.48.440. A community
corrections officer, if he or she has reasonable cause to
believe an offender in community placement or community
custody has violated a condition of community placement or
community custody, may suspend the person’s community
placement or community custody status and arrest or cause
the arrest and detention in total confinement of the offender,
pending the determination of the secretary as to whether the
violation has occurred. The community corrections officer
shall report to the secretary all facts and circumstances and
the reasons for the action of suspending community placement or community custody status. A violation of a condition of community placement or community custody shall be
deemed a violation of the sentence for purposes of *RCW
9.94A.631. The authority granted to community corrections
officers under this section shall be in addition to that set
forth in *RCW 9.94A.631.
(2) Inmates, as defined in RCW 72.09.015, who have
been transferred to community custody and who are detained
in a local correctional facility are the financial responsibility
of the department of corrections, except as provided in
subsection (3) of this section. The community custody
inmate shall be removed from the local correctional facility,
except as provided in subsection (3) of this section, not later
than eight days, excluding weekends and holidays, following
admittance to the local correctional facility and notification
that the inmate is available for movement to a state correctional institution.
(3) The department may negotiate with local correctional authorities for an additional period of detention;
however, sex offenders sanctioned for community custody
violations under *RCW 9.94A.737(2) to a term of confinement shall remain in the local correctional facility for the
complete term of the sanction. For confinement sanctions
imposed under *RCW 9.94A.737(2)(a), the local correctional
facility shall be financially responsible. For confinement
sanctions imposed under *RCW 9.94A.737(2)(b), the
department of corrections shall be financially responsible for
that portion of the sanction served during the time in which
the sex offender is on community custody in lieu of earned
release, and the local correctional facility shall be financially
responsible for that portion of the sanction served by the sex
offender after the time in which the sex offender is on
community custody in lieu of earned release. The department, in consultation with the Washington association of
sheriffs and police chiefs and those counties in which the
sheriff does not operate a correctional facility, shall establish
a methodology for determining the department’s local
correctional facilities bed utilization rate, for each county in
calendar year 1998, for offenders being held for violations
of conditions of community custody, community placement,
or community supervision. For confinement sanctions
imposed under *RCW 9.94A.737(2) (c) or (d), the local
correctional facility shall continue to be financially responsible to the extent of the calendar year 1998 bed utilization
rate. If the department’s use of bed space in local correctional facilities of any county for confinement sanctions
imposed on offenders sentenced to a term of community
custody under *RCW 9.94A.737(2) (c) or (d) exceeds the
(2002 Ed.)
Sentencing Reform Act of 1981
1998 bed utilization rate for the county, the department shall
compensate the county for the excess use at the per diem
rate equal to the lowest rate charged by the county under its
contract with a municipal government during the year in
which the use occurs. [1999 c 196 § 9; 1996 c 275 § 4;
1988 c 153 § 5. Formerly RCW 9.94A.207.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—1996 c 275: See note following RCW 9.94A.505.
Application—1996 c 275 §§ 1-5: See note following RCW
9.94A.505.
Effective date—Application of increased sanctions—1988 c 153:
See notes following RCW 9.94A.030.
9.94A.745 Interstate compact for adult offender
supervision. The interstate compact for adult offender
supervision is hereby entered into and enacted into law with
all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I
PURPOSE
(a) The compacting states to this interstate compact
recognize that each state is responsible for the supervision of
adult offenders in the community who are authorized
pursuant to the bylaws and rules of this compact to travel
across state lines both to and from each compacting state in
such a manner as to track the location of offenders, transfer
supervision authority in an orderly and efficient manner, and,
when necessary, return offenders to the originating jurisdictions. The compacting states also recognize that congress,
by enacting the crime control act, 4 U.S.C. Sec. 112 (1965),
has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the interstate
commission created hereunder, through means of joint and
cooperative action among the compacting states: To provide
the framework for the promotion of public safety and protect
the rights of victims through the control and regulation of
the interstate movement of offenders in the community; to
provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states;
and to equitably distribute the costs, benefits and obligations
of the compact among the compacting states.
(c) In addition, this compact will: Create an interstate
commission which will establish uniform procedures to
manage the movement between states of adults placed under
community supervision and released to the community under
the jurisdiction of courts, paroling authorities, corrections, or
other criminal justice agencies which will promulgate rules
to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions
where defined offenders are authorized to travel or to
relocate across state lines; establish a system of uniform data
collection, access to information on active cases by authorized criminal justice officials, and regular reporting of
compact activities to heads of state councils, state executive,
judicial, and legislative branches and criminal justice
administrators; monitor compliance with rules governing
(2002 Ed.)
9.94A.740
interstate movement of offenders and initiate interventions to
address and correct noncompliance; and coordinate training
and education regarding regulations of interstate movement
of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no
"right" of any offender to live in another state and that duly
accredited officers of a sending state may at all times enter
a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the
policy of the compacting states that the activities conducted
by the interstate commission created herein are the formation
of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
(a) "Adult" means both individuals legally classified as
adults and juveniles treated as adults by court order, statute,
or operation of law.
(b) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling the interstate commission’s actions or conduct.
(c) "Compact administrator" means the individual in
each compacting state appointed pursuant to the terms of this
compact responsible for the administration and management
of the state’s supervision and transfer of offenders subject to
the terms of this compact, the rules adopted by the interstate
commission and policies adopted by the state council under
this compact.
(d) "Compacting state" means any state which has
enacted the enabling legislation for this compact.
(e) "Commissioner" means the voting representative of
each compacting state appointed pursuant to article III of this
compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision established by this
compact.
(g) "Member" means the commissioner of a compacting
state or designee, who shall be a person officially connected
with the commissioner.
(h) "Noncompacting state" means any state which has
not enacted the enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject,
to supervision as the result of the commission of a criminal
offense and released to the community under the jurisdiction
of courts, paroling authorities, corrections, or other criminal
justice agencies.
(j) "Person" means any individual, corporation, business
enterprise, or other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission,
duly promulgated pursuant to article VIII of this compact,
substantially affecting interested parties in addition to the
interstate commission, which shall have the force and effect
of law in the compacting states.
(l) "State" means a state of the United States, the
District of Columbia and any other territorial possessions of
the United States.
(m) "State council" means the resident members of the
state council for interstate adult offender supervision created
by each state under article IV of this compact.
[Title 9 RCW—page 161]
9.94A.745
Title 9 RCW: Crimes and Punishments
(n) "Victim" means a person who has sustained emotional, psychological, physical, or financial injury to person
or property as a result of criminal conduct against the person
or a member of the person’s family.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "interstate
commission for adult offender supervision." The interstate
commission shall be a body corporate and joint agency of
the compacting states. The interstate commission shall have
all the responsibilities, powers and duties set forth herein;
including the power to sue and be sued, and such additional
powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in
accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners selected and appointed by resident members of a
state council for interstate adult offender supervision for each
state. In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner
members must include a member of the national organizations of governors, legislators, state chief justices, attorneys
general and crime victims. All noncommissioner members
of the interstate commission shall be ex officio, nonvoting
members. The interstate commission may provide in its
bylaws for such additional, ex officio, nonvoting members as
it deems necessary.
(c) Each compacting state represented at any meeting of
the interstate commission is entitled to one vote. A majority
of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by
the bylaws of the interstate commission.
(d) The interstate commission shall meet at least once
each calendar year. The chairperson may call additional
meetings and, upon the request of twenty-seven or more
compacting states, shall call additional meetings. Public
notice shall be given of all meetings and meetings shall be
open to the public.
(e) The interstate commission shall establish an executive committee which shall include commission officers,
members and others as shall be determined by the bylaws.
The executive committee shall have the power to act on
behalf of the interstate commission during periods when the
interstate commission is not in session, with the exception of
rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by
the executive director and interstate commission staff;
administers enforcement and compliance with the provisions
of the compact, its bylaws and as directed by the interstate
commission and performs other duties as directed by the
commission or set forth in the bylaws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a state council for
interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve
on the interstate commission from that state. Each state
council shall appoint as its commissioner the compact
[Title 9 RCW—page 162]
administrator from that state to serve on the interstate
commission in such capacity under or pursuant to applicable
law of the member state. While each member state may
determine the membership of its own state council, its
membership must include at least one representative from the
legislative, judicial, and executive branches of government,
victims’ groups, and compact administrators.
(b) Each compacting state retains the right to determine
the qualifications of the compact administrator who shall be
appointed by the state council or by the governor in consultation with the legislature and the judiciary.
(c) In addition to appointment of its commissioner to the
national interstate commission, each state council shall
exercise oversight and advocacy concerning its participation
in interstate commission activities and other duties as may be
determined by each member state including, but not limited
to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
The interstate commission shall have the following
powers:
(a) To adopt a seal and suitable bylaws governing the
management and operation of the interstate commission;
(b) To promulgate rules which shall have the force and
effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this
compact;
(c) To oversee, supervise and coordinate the interstate
movement of offenders subject to the terms of this compact
and any bylaws adopted and rules promulgated by the
compact commission;
(d) To enforce compliance with compact provisions,
interstate commission rules, and bylaws, using all necessary
and proper means, including, but not limited to, the use of
judicial process;
(e) To establish and maintain offices;
(f) To purchase and maintain insurance and bonds;
(g) To borrow, accept, or contract for services of
personnel, including, but not limited to, members and their
staffs;
(h) To establish and appoint committees and hire staff
which it deems necessary for the carrying out of its functions
including, but not limited to, an executive committee as
required by article III of this compact which shall have the
power to act on behalf of the interstate commission in
carrying out its powers and duties hereunder;
(i) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation,
define their duties and determine their qualifications; and to
establish the interstate commission’s personnel policies and
programs relating to, among other things, conflicts of
interest, rates of compensation, and qualifications of personnel;
(j) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of same;
(k) To lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve or use any property,
real, personal, or mixed;
(2002 Ed.)
Sentencing Reform Act of 1981
(l) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or mixed;
(m) To establish a budget and make expenditures and
levy dues as provided in article X of this compact;
(n) To sue and be sued;
(o) To provide for dispute resolution among compacting
states;
(p) To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(q) To report annually to the legislatures, governors,
judiciary, and state councils of the compacting states
concerning the activities of the interstate commission during
the preceding year. Such reports shall also include any
recommendations that may have been adopted by the
interstate commission;
(r) To coordinate education, training and public awareness regarding the interstate movement of offenders for
officials involved in such activity;
(s) To establish uniform standards for the reporting,
collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
(a) Bylaws. The interstate commission shall, by a
majority of the members, within twelve months of the first
interstate commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other
committees as may be necessary, providing reasonable
standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any
authority or function of the interstate commission;
(3) Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and
ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the
officers of the interstate commission;
(5) Providing reasonable standards and procedures for
the establishment of the personnel policies and programs of
the interstate commission. Notwithstanding any civil service
or other similar laws of any compacting state, the bylaws
shall exclusively govern the personnel policies and programs
of the interstate commission;
(6) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of
any surplus funds that may exist upon the termination of the
compact after the payment and/or reserving of all of its debts
and obligations;
(7) Providing transition rules for "start up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b) Officers and staff. (1) The interstate commission
shall, by a majority of the members, elect from among its
members a chairperson and a vice chairperson, each of
whom shall have such authorities and duties as may be
(2002 Ed.)
9.94A.745
specified in the bylaws. The chairperson or, in his or her
absence or disability, the vice-chairperson shall preside at all
meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from
the interstate commission: PROVIDED, That subject to the
availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses
incurred by them in the performance of their duties and
responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for
such period, upon such terms and conditions and for such
compensation as the interstate commission may deem
appropriate. The executive director shall serve as secretary
to the interstate commission, and hire and supervise such
other staff as may be authorized by the interstate commission, but shall not be a member.
(c) Corporate records of the interstate commission.
The interstate commission shall maintain its corporate books
and records in accordance with the bylaws.
(d) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director and employees
of the interstate commission shall be immune from suit and
liability, either personally or in their official capacity, for
any claim for damage to or loss of property or personal
injury or other civil liability caused or arising out of any
actual or alleged act, error or omission that occurred within
the scope of interstate commission employment, duties or
responsibilities: PROVIDED, That nothing in this subsection
(d)(1) shall be construed to protect any such person from suit
and/or liability for any damage, loss, injury or liability
caused by the intentional or willful and wanton misconduct
of any such person.
(2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or
employees, or the interstate commission’s representatives or
employees in any civil action seeking to impose liability,
arising out of any actual or alleged act, error or omission
that occurred within the scope of interstate commission
employment, duties or responsibilities, or that the defendant
had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties or
responsibilities: PROVIDED, That the actual or alleged act,
error or omission did not result from intentional wrongdoing
on the part of such person.
(3) The interstate commission shall indemnify and hold
the commissioner of a compacting state, the appointed
designee or employees, or the interstate commission’s
representatives or employees harmless in the amount of any
settlement or judgment obtained against such persons arising
out of any actual or alleged act, error or omission that
occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of
interstate commission employment, duties or responsibilities,
provided, that the actual or alleged act, error or omission did
not result from gross negligence or intentional wrongdoing
on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
[Title 9 RCW—page 163]
9.94A.745
Title 9 RCW: Crimes and Punishments
(a) The interstate commission shall meet and take such
actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and
unless a greater percentage is required by the bylaws, in
order to constitute an act of the interstate commission, such
act shall have been taken at a meeting of the interstate
commission and shall have received an affirmative vote of
a majority of the members present.
(c) Each member of the interstate commission shall have
the right and power to cast a vote to which that compacting
state is entitled and to participate in the business and affairs
of the interstate commission. A member shall vote in person
on behalf of the state and shall not delegate a vote to another
member state. However, a state council shall appoint another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the
member state at a specified meeting. The bylaws may
provide for members’ participation in meetings by telephone
or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means
of telecommunication or electronic communication shall be
subject to the same quorum requirements of meetings where
members are present in person.
(d) The interstate commission shall meet at least once
during each calendar year. The chairperson of the interstate
commission may call additional meetings at any time and,
upon the request of a majority of the members, shall call
additional meetings.
(e) The interstate commission’s bylaws shall establish
conditions and procedures under which the interstate commission shall make its information and official records
available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests. In
promulgating such rules, the interstate commission may
make available to law enforcement agencies records and
information otherwise exempt from disclosure, and may
enter into agreements with law enforcement agencies to
receive or exchange information or records subject to
nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the compact. The
interstate commission shall promulgate rules consistent with
the principles contained in the "government in sunshine act,"
5 U.S.C. Sec. 552(b), as may be amended. The interstate
commission and any of its committees may close a meeting
to the public where it determines by two-thirds vote that an
open meeting would be likely to:
(1) Relate solely to the interstate commission’s internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally
censuring any person;
(5) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
[Title 9 RCW—page 164]
(6) Disclose investigatory records compiled for law
enforcement purposes;
(7) Disclose information contained in or related to
examination, operating or condition reports prepared by, or
on behalf of or for the use of, the interstate commission with
respect to a regulated entity for the purpose of regulation or
supervision of such entity;
(8) Disclose information, the premature disclosure of
which would significantly endanger the life of a person or
the stability of a regulated entity;
(9) Specifically relate to the interstate commission’s
issuance of a subpoena, or its participation in a civil action
or proceeding.
(g) For every meeting closed pursuant to this provision,
the interstate commission’s chief legal officer shall publicly
certify that, in his or her opinion, the meeting may be closed
to the public, and shall reference each relevant provision
authorizing closure of the meeting. The interstate commission shall keep minutes which shall fully and clearly
describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken,
and the reasons therefor, including a description of each of
the views expressed on any item and the record of any roll
call vote (reflected in the vote of each member on the
question). All documents considered in connection with any
action shall be identified in such minutes.
(h) The interstate commission shall collect standardized
data concerning the interstate movement of offenders as
directed through its bylaws and rules which shall specify the
data to be collected, the means of collection and data
exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
(a) The interstate commission shall promulgate rules in
order to effectively and efficiently achieve the purposes of
the compact including transition rules governing administration of the compact during the period in which it is being
considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set
forth in this article and the bylaws and rules adopted
pursuant thereto. Such rulemaking shall substantially
conform to the principles of the federal administrative
procedure act, 5 U.S.C. Sec. 551 et seq., and the federal
advisory committee act, 5 U.S.C.S. app. 2, section 1 et seq.,
as may be amended (hereinafter "APA"). All rules and
amendments shall become binding as of the date specified in
each rule or amendment.
(c) If a majority of the legislatures of the compacting
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact, then such
rule shall have no further force and effect in any compacting
state.
(d) When promulgating a rule, the interstate commission
shall:
(1) Publish the proposed rule stating with particularity
the text of the rule which is proposed and the reason for the
proposed rule;
(2) Allow persons to submit written data, facts, opinions
and arguments, which information shall be publicly available;
(2002 Ed.)
Sentencing Reform Act of 1981
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if
appropriate, based on the rulemaking record. Not later than
sixty days after a rule is promulgated, any interested person
may file a petition in the United States district court for the
District of Columbia or in the federal district court where the
interstate commission’s principal office is located for judicial
review of such rule. If the court finds that the interstate
commission’s action is not supported by substantial evidence,
(as defined in the APA), in the rulemaking record, the court
shall hold the rule unlawful and set it aside.
(e) Subjects to be addressed within twelve months after
the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the
receiving state;
(9) Transition rules governing the operation of the
compact and the interstate commission during all or part of
the period between the effective date of the compact and the
date on which the last eligible state adopts the compact;
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the
previous compact superseded by this act shall be null and
void twelve months after the first meeting of the interstate
commission created hereunder.
(g) Upon determination by the interstate commission
that an emergency exists, it may promulgate an emergency
rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided
hereunder shall be retroactively applied to said rule as soon
as reasonably possible, in no event later than ninety days
after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight. (1) The interstate commission shall
oversee the interstate movement of adult offenders in the
compacting states and shall monitor such activities being
administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact’s
purposes and intent. In any judicial or administrative
proceeding in a compacting state pertaining to the subject
matter of this compact which may affect the powers,
responsibilities or actions of the interstate commission, the
interstate commission shall be entitled to receive all service
of process in any such proceeding, and shall have standing
to intervene in the proceeding for all purposes.
(b) Dispute resolution. (1) The compacting states shall
report to the interstate commission on issues or activities of
concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
(2002 Ed.)
9.94A.745
(2) The interstate commission shall attempt to resolve
any disputes or other issues which are subject to the compact
and which may arise among compacting states and
noncompacting states.
The interstate commission shall enact a bylaw or
promulgate a rule providing for both mediation and binding
dispute resolution for disputes among the compacting states.
(c) Enforcement. The interstate commission, in the
reasonable exercise of its discretion, shall enforce the
provisions of this compact using any or all means set forth
in article XII(b) of this compact.
ARTICLE X
FINANCE
(a) The interstate commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(b) The interstate commission shall levy on and collect
an annual assessment from each compacting state to cover
the cost of the internal operations and activities of the
interstate commission and its staff which must be in a total
amount sufficient to cover the interstate commission’s annual
budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula
to be determined by the interstate commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each compacting state
and shall promulgate a rule binding upon all compacting
states which governs said assessment.
(c) The interstate commission shall not incur any
obligations of any kind prior to securing the funds adequate
to meet the same; nor shall the interstate commission pledge
the credit of any of the compacting states, except by and
with the authority of the compacting state.
(d) The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject
to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly
by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE
AND AMENDMENT
(a) Any state, as defined in article II of this compact, is
eligible to become a compacting state.
(b) The compact shall become effective and binding
upon legislative enactment of the compact into law by no
less than thirty-five of the states. The initial effective date
shall be the later of July 1, 2001, or upon enactment into law
by the thirty-fifth jurisdiction. Thereafter it shall become
effective and binding, as to any other compacting state, upon
enactment of the compact into law by that state. The
governors of nonmember states or their designees will be
invited to participate in interstate commission activities on a
nonvoting basis prior to adoption of the compact by all states
and territories of the United States.
(c) Amendments to the compact may be proposed by the
interstate commission for enactment by the compacting
[Title 9 RCW—page 165]
9.94A.745
Title 9 RCW: Crimes and Punishments
states. No amendment shall become effective and binding
upon the interstate commission and the compacting states
unless and until it is enacted into law by unanimous consent
of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND
JUDICIAL ENFORCEMENT
(a) Withdrawal. (1) Once effective, the compact shall
continue in force and remain binding upon each and every
compacting state: PROVIDED, That a compacting state may
withdraw from the compact ("withdrawing state") by
enacting a statute specifically repealing the statute which
enacted the compact into law.
(2) The effective date of withdrawal is the effective date
of the repeal.
(3) The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The interstate commission shall notify
the other compacting states of the withdrawing state’s intent
to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of
withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the
interstate commission.
(b) Default. (1) If the interstate commission determines
that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or
responsibilities under this compact, the bylaws or any duly
promulgated rules, the interstate commission may impose
any or all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed
to be reasonable as fixed by the interstate commission;
(ii) Remedial training and technical assistance as
directed by the interstate commission;
(iii) Suspension and termination of membership in the
compact. Suspension shall be imposed only after all other
reasonable means of securing compliance under the bylaws
and rules have been exhausted. Immediate notice of
suspension shall be given by the interstate commission to the
governor, the chief justice or chief judicial officer of the
state, the majority and minority leaders of the defaulting
state’s legislature, and the state council.
(2) The grounds for default include, but are not limited
to, failure of a compacting state to perform such obligations
or responsibilities imposed upon it by this compact, interstate
commission bylaws, or duly promulgated rules. The
interstate commission shall immediately notify the defaulting
state in writing of the penalty imposed by the interstate
commission on the defaulting state pending a cure of the
default. The interstate commission shall stipulate the
conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to
cure the default within the time period specified by the
interstate commission, in addition to any other penalties
imposed herein, the defaulting state may be terminated from
[Title 9 RCW—page 166]
the compact upon an affirmative vote of a majority of the
compacting states and all rights, privileges and benefits
conferred by this compact shall be terminated from the
effective date of suspension. Within sixty days of the
effective date of termination of a defaulting state, the
interstate commission shall notify the governor, the chief
justice or chief judicial officer and the majority and minority
leaders of the defaulting state’s legislature and the state
council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the
effective date of termination including any obligations, the
performance of which extends beyond the effective date of
termination.
(4) The interstate commission shall not bear any costs
relating to the defaulting state unless otherwise mutually
agreed upon between the interstate commission and the
defaulting state. Reinstatement following termination of any
compacting state requires both a reenactment of the compact
by the defaulting state and the approval of the interstate
commission pursuant to the rules.
(c) Judicial enforcement. The interstate commission
may, by majority vote of the members, initiate legal action
in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the
federal district where the interstate commission has its
offices to enforce compliance with the provisions of the
compact, its duly promulgated rules and bylaws, against any
compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all
costs of such litigation including reasonable attorneys’ fees.
(d) Dissolution of compact. (1) The compact dissolves
effective upon the date of the withdrawal or default of the
compacting state which reduces membership in the compact
to one compacting state.
(2) Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable,
and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the compact shall
be enforceable.
(b) The provisions of this compact shall be liberally
constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws. (1) Nothing herein prevents the
enforcement of any other law of a compacting state that is
not inconsistent with this compact.
(2) All compacting states’ laws conflicting with this
compact are superseded to the extent of the conflict.
(b) Binding effect of the compact. (1) All lawful
actions of the interstate commission, including all rules and
bylaws promulgated by the interstate commission, are
binding upon the compacting states.
(2002 Ed.)
Sentencing Reform Act of 1981
9.94A.745
(2) All agreements between the interstate commission
and the compacting states are binding in accordance with
their terms.
(3) Upon the request of a party to a conflict over
meaning or interpretation of interstate commission actions,
and upon a majority vote of the compacting states, the
interstate commission may issue advisory opinions regarding
such meaning or interpretation.
(4) In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the
interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the
compacting state and shall be exercised by the agency
thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this
compact becomes effective. [2001 c 35 § 2.]
(3) The commission, or a subcommittee if formed for
that purpose, shall appoint one of its members, or an
employee of the department designated by the secretary, to
represent the state at meetings of the interstate commission
created under article III of RCW 9.94A.745 when the
compact administrator cannot attend. [2001 c 35 § 3.]
Short title—2001 c 35: "This act shall be known and may be cited
as the "interstate compact for adult offender supervision."" [2001 c 35 § 1.]
Effective date—2001 c 35: "(1) This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 2001.
(2) The interstate compact for adult offender supervision becomes
effective and binding July 1, 2001, or on the date of enactment of the
interstate compact for adult offender supervision by thirty-five jurisdictions,
whichever is later. In determining that the compact has become effective
and binding, the code reviser may rely on the written representation of the
national institute of corrections of the United States department of justice."
[2001 c 35 § 6.]
9.94A.74503 Other compacts and agreements—
Withdrawal from current compact. (1) The state shall
continue to meet its obligations under RCW 9.95.270, the interstate compact for the supervision of parolees and probationers, to those states which continue to meet their obligations to the state of Washington under the interstate compact
for the supervision of parolees and probationers, and have
not approved the interstate compact for adult offender
supervision after July 1, 2001.
(2) If a state withdraws from the interstate compact for
adult offender supervision under article XII(a) of RCW
9.94A.745, the state council for interstate adult offender
supervision created by RCW 9.94A.74501 shall seek to
negotiate an agreement with the withdrawing state fulfilling
the purposes of RCW 9.94A.745, subject to the approval of
the legislature.
(3) Nothing in chapter 35, Laws of 2001 limits the
secretary’s authority to enter into agreements with other
jurisdictions for supervision of offenders. [2001 c 35 § 5.]
9.94A.74501 State council. (1) The sentencing
guidelines commission shall serve as the state council for
interstate adult offender supervision as required under article
IV of RCW 9.94A.745, the interstate compact for adult
offender supervision. To assist the commission in performing its functions as the state council, the department of
corrections shall provide staffing and support services. The
commission may form a subcommittee, including members
representing the legislative, judicial, and executive branches
of state government, victims’ groups, and the secretary of
corrections, to perform the functions of the state council.
Any such subcommittee shall include representation of both
houses and at least two of the four largest political caucuses
in the legislature.
(2) The commission, or a subcommittee if formed for
that purpose, shall:
(a) Review department operations and procedures under
RCW 9.94A.745, and recommend policies to the compact
administrator, including policies to be pursued in the
administrator’s capacity as the state’s representative on the
interstate commission created under article III of RCW
9.94A.745;
(b) Report annually to the legislature on interstate
supervision operations and procedures under RCW
9.94A.745, including recommendations for policy changes;
and
(c) Not later than December 1, 2004, report to the
legislature on the effectiveness of its functioning as the state
council under article IV of RCW 9.94A.745, and recommend
any legislation it deems appropriate.
(2002 Ed.)
9.94A.74502 Compact administrator. The secretary
of corrections, or an employee of the department designated
by the secretary, shall serve as the compact administrator
under article IV of RCW 9.94A.745, the interstate compact
for adult offender supervision. The legislature intends that
the compact administrator, representing the state on the
interstate commission created under article III of RCW
9.94A.745, will take an active role to assure that the interstate compact operates to protect the safety of the people and
communities of the state. [2001 c 35 § 4.]
9.94A.750 Restitution. This section applies to
offenses committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the
amount of restitution due at the sentencing hearing or within
one hundred eighty days. The court may continue the
hearing beyond the one hundred eighty days for good cause.
The court shall then set a minimum monthly payment that
the offender is required to make towards the restitution that
is ordered. The court should take into consideration the total
amount of the restitution owed, the offender’s present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community
corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the
recommended change and the reasons for the change. The
sentencing court may then reset the monthly minimum
payments based on the report from the community corrections officer of the change in circumstances.
[Title 9 RCW—page 167]
9.94A.750
Title 9 RCW: Crimes and Punishments
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible
losses, but may include the costs of counseling reasonably
related to the offense. The amount of restitution shall not
exceed double the amount of the offender’s gain or the
victim’s loss from the commission of the offense.
(4) For the purposes of this section, the offender shall
remain under the court’s jurisdiction for a term of ten years
following the offender’s release from total confinement or
ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of
the initial ten-year period, the superior court may extend
jurisdiction under the criminal judgment an additional ten
years for payment of restitution. If jurisdiction under the
criminal judgment is extended, the department is not responsible for supervision of the offender during the subsequent
period. The portion of the sentence concerning restitution
may be modified as to amount, terms and conditions during
either the initial ten-year period or subsequent ten-year
period if the criminal judgment is extended, regardless of the
expiration of the offender’s term of community supervision
and regardless of the statutory maximum sentence for the
crime. The court may not reduce the total amount of
restitution ordered because the offender may lack the ability
to pay the total amount. The offender’s compliance with the
restitution shall be supervised by the department.
(5) Restitution may be ordered whenever the offender is
convicted of an offense which results in injury to any person
or damage to or loss of property or as provided in subsection
(6) of this section. In addition, restitution may be ordered to
pay for an injury, loss, or damage if the offender pleads
guilty to a lesser offense or fewer offenses and agrees with
the prosecutor’s recommendation that the offender be
required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea
agreement.
(6) Restitution for the crime of rape of a child in the
first, second, or third degree, in which the victim becomes
pregnant, shall include: (a) All of the victim’s medical
expenses that are associated with the rape and resulting
pregnancy; and (b) child support for any child born as a
result of the rape if child support is ordered pursuant to a
proceeding in superior court or administrative order for
support for that child. The clerk must forward any restitution payments made on behalf of the victim’s child to the
Washington state child support registry under chapter 26.23
RCW. Identifying information about the victim and child
shall not be included in the order. The offender shall
receive a credit against any obligation owing under the
administrative or superior court order for support of the
victim’s child. For the purposes of this subsection, the offender shall remain under the court’s jurisdiction until the
offender has satisfied support obligations under the superior
court or administrative order but not longer than a maximum
term of twenty-five years following the offender’s release
from total confinement or twenty-five years subsequent to
the entry of the judgment and sentence, whichever period is
[Title 9 RCW—page 168]
longer. The court may not reduce the total amount of
restitution ordered because the offender may lack the ability
to pay the total amount. The department shall supervise the
offender’s compliance with the restitution ordered under this
subsection.
(7) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which
has been found guilty of any such offense may be ordered
by the sentencing court to give notice of the conviction to
the class of persons or to the sector of the public affected by
the conviction or financially interested in the subject matter
of the offense by mail, by advertising in designated areas or
through designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses available to the victim or offender including support
enforcement remedies for support ordered under subsection
(6) of this section for a child born as a result of a rape of a
child victim. The court shall identify in the judgment and
sentence the victim or victims entitled to restitution and what
amount is due each victim. The state or victim may enforce
the court-ordered restitution in the same manner as a
judgment in a civil action. Restitution collected through
civil enforcement must be paid through the registry of the
court and must be distributed proportionately according to
each victim’s loss when there is more than one victim.
[2000 c 28 § 32. Prior: 1997 c 121 § 3; 1997 c 52 § 1;
1995 c 231 § 1; 1994 c 271 § 601; 1989 c 252 § 5; 1987 c
281 § 3; 1982 c 192 § 5; 1981 c 137 § 14. Formerly RCW
9.94A.140.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Retroactive application—1995 c 231 §§ 1 and 2: "Sections 1 and
2 of this act shall apply retroactively to allow courts to set restitution in
cases sentenced prior to July 23, 1995, if:
(1) The court failed to set restitution within sixty days of sentencing
as required by RCW 9.94A.140 prior to July 23, 1995;
(2) The defendant was sentenced no more than three hundred sixtyfive days before July 23, 1995; and
(3) The defendant is not unfairly prejudiced by the delay.
In those cases, the court may set restitution within one hundred eighty
days of July 23, 1995, or at a later hearing set by the court for good cause."
[1995 c 231 § 5.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—1987 c 281: See note following RCW 7.68.020.
9.94A.753 Restitution—Application dates. This
section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine
the amount of restitution due at the sentencing hearing or
within one hundred eighty days except as provided in
subsection (7) of this section. The court may continue the
hearing beyond the one hundred eighty days for good cause.
The court shall then set a minimum monthly payment that
the offender is required to make towards the restitution that
is ordered. The court should take into consideration the total
amount of the restitution owed, the offender’s present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community
corrections officer may examine the offender to determine if
(2002 Ed.)
Sentencing Reform Act of 1981
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the
recommended change and the reasons for the change. The
sentencing court may then reset the monthly minimum
payments based on the report from the community corrections officer of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible
losses, but may include the costs of counseling reasonably
related to the offense. The amount of restitution shall not
exceed double the amount of the offender’s gain or the
victim’s loss from the commission of the crime.
(4) For the purposes of this section, for an offense
committed prior to July 1, 2000, the offender shall remain
under the court’s jurisdiction for a term of ten years following the offender’s release from total confinement or ten years
subsequent to the entry of the judgment and sentence,
whichever period ends later. Prior to the expiration of the
initial ten-year period, the superior court may extend
jurisdiction under the criminal judgment an additional ten
years for payment of restitution. For an offense committed
on or after July 1, 2000, the offender shall remain under the
court’s jurisdiction until the obligation is completely satisfied, regardless of the statutory maximum for the crime.
The portion of the sentence concerning restitution may be
modified as to amount, terms, and conditions during any
period of time the offender remains under the court’s
jurisdiction, regardless of the expiration of the offender’s
term of community supervision and regardless of the
statutory maximum sentence for the crime. The court may
not reduce the total amount of restitution ordered because the
offender may lack the ability to pay the total amount. The
offender’s compliance with the restitution shall be supervised
by the department for ten years following the entry of the
judgment and sentence or ten years following the offender’s
release from total confinement. The department is not
responsible for supervision of the offender during any
subsequent period of time the offender remains under the
court’s jurisdiction.
(5) Restitution shall be ordered whenever the offender
is convicted of an offense which results in injury to any
person or damage to or loss of property or as provided in
subsection (6) of this section unless extraordinary circumstances exist which make restitution inappropriate in the
court’s judgment and the court sets forth such circumstances
in the record. In addition, restitution shall be ordered to pay
for an injury, loss, or damage if the offender pleads guilty to
a lesser offense or fewer offenses and agrees with the
prosecutor’s recommendation that the offender be required
to pay restitution to a victim of an offense or offenses which
are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the
first, second, or third degree, in which the victim becomes
pregnant, shall include: (a) All of the victim’s medical
expenses that are associated with the rape and resulting
(2002 Ed.)
9.94A.753
pregnancy; and (b) child support for any child born as a
result of the rape if child support is ordered pursuant to a
civil superior court or administrative order for support for
that child. The clerk must forward any restitution payments
made on behalf of the victim’s child to the Washington state
child support registry under chapter 26.23 RCW. Identifying
information about the victim and child shall not be included
in the order. The offender shall receive a credit against any
obligation owing under the administrative or superior court
order for support of the victim’s child. For the purposes of
this subsection, the offender shall remain under the court’s
jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the
period provided in RCW 4.16.020 or a maximum term of
twenty-five years following the offender’s release from total
confinement or twenty-five years subsequent to the entry of
the judgment and sentence, whichever period is longer. The
court may not reduce the total amount of restitution ordered
because the offender may lack the ability to pay the total
amount. The department shall supervise the offender’s
compliance with the restitution ordered under this subsection.
(7) Regardless of the provisions of subsections (1)
through (6) of this section, the court shall order restitution in
all cases where the victim is entitled to benefits under the
crime victims’ compensation act, chapter 7.68 RCW. If the
court does not order restitution and the victim of the crime
has been determined to be entitled to benefits under the
crime victims’ compensation act, the department of labor and
industries, as administrator of the crime victims’ compensation program, may petition the court within one year of entry
of the judgment and sentence for entry of a restitution order.
Upon receipt of a petition from the department of labor and
industries, the court shall hold a restitution hearing and shall
enter a restitution order.
(8) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which
has been found guilty of any such offense may be ordered
by the sentencing court to give notice of the conviction to
the class of persons or to the sector of the public affected by
the conviction or financially interested in the subject matter
of the offense by mail, by advertising in designated areas or
through designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or
offender including support enforcement remedies for support
ordered under subsection (6) of this section for a child born
as a result of a rape of a child victim. The court shall
identify in the judgment and sentence the victim or victims
entitled to restitution and what amount is due each victim.
The state or victim may enforce the court-ordered restitution
in the same manner as a judgment in a civil action. Restitution collected through civil enforcement must be paid
through the registry of the court and must be distributed proportionately according to each victim’s loss when there is
more than one victim. [2000 c 226 § 3; 2000 c 28 § 33.
Prior: 1997 c 121 § 4; 1997 c 52 § 2; prior: 1995 c 231 §
2; 1995 c 33 § 4; 1994 c 271 § 602; 1989 c 252 § 6; 1987
c 281 § 4; 1985 c 443 § 10. Formerly RCW 9.94A.142.]
Reviser’s note: This section was amended by 2000 c 28 § 33 and by
2000 c 226 § 3, each without reference to the other. Both amendments are
[Title 9 RCW—page 169]
9.94A.753
Title 9 RCW: Crimes and Punishments
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Retroactive application—1995 c 231 §§ 1 and 2: See note
following RCW 9.94A.750.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
9.94A.760 Legal financial obligations. (1) Whenever
a person is convicted of a felony, the court may order the
payment of a legal financial obligation as part of the
sentence. The court must on either the judgment and
sentence or on a subsequent order to pay, designate the total
amount of a legal financial obligation and segregate this
amount among the separate assessments made for restitution,
costs, fines, and other assessments required by law. On the
same order, the court is also to set a sum that the offender
is required to pay on a monthly basis towards satisfying the
legal financial obligation. If the court fails to set the
offender monthly payment amount, the department shall set
the amount. Upon receipt of an offender’s monthly payment, restitution shall be paid prior to any payments of other
monetary obligations. After restitution is satisfied, the
county clerk shall distribute the payment proportionally
among all other fines, costs, and assessments imposed,
unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time
of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost
of incarceration at a rate of fifty dollars per day of incarceration. Payment of other court-ordered financial obligations,
including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost
of incarceration ordered by the court. All funds recovered
from offenders for the cost of incarceration in the county jail
shall be remitted to the county and the costs of incarceration
in a prison shall be remitted to the department.
(3) The court may add to the judgment and sentence or
subsequent order to pay a statement that a notice of payroll
deduction is to be issued immediately. If the court chooses
not to order the immediate issuance of a notice of payroll
deduction at sentencing, the court shall add to the judgment
and sentence or subsequent order to pay a statement that a
notice of payroll deduction may be issued or other incomewithholding action may be taken, without further notice to
the offender if a monthly court-ordered legal financial
obligation payment is not paid when due, and an amount
equal to or greater than the amount payable for one month
is owed.
If a judgment and sentence or subsequent order to pay
does not include the statement that a notice of payroll
deduction may be issued or other income-withholding action
may be taken if a monthly legal financial obligation payment
is past due, the department may serve a notice on the
offender stating such requirements and authorizations.
[Title 9 RCW—page 170]
Service shall be by personal service or any form of mail
requiring a return receipt.
(4) Independent of the department, the party or entity to
whom the legal financial obligation is owed shall have the
authority to use any other remedies available to the party or
entity to collect the legal financial obligation. These
remedies include enforcement in the same manner as a
judgment in a civil action by the party or entity to whom the
legal financial obligation is owed. Restitution collected
through civil enforcement must be paid through the registry
of the court and must be distributed proportionately according to each victim’s loss when there is more than one victim.
The judgment and sentence shall identify the party or entity
to whom restitution is owed so that the state, party, or entity
may enforce the judgment. If restitution is ordered pursuant
to *RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape
of a child or a victim’s child born from the rape, the
Washington state child support registry shall be identified as
the party to whom payments must be made. Restitution
obligations arising from the rape of a child in the first,
second, or third degree that result in the pregnancy of the
victim may be enforced for the time periods provided under
*RCW 9.94A.750(6) and 9.94A.753(6). All other legal
financial obligations for an offense committed prior to July
1, 2000, may be enforced at any time during the ten-year
period following the offender’s release from total confinement or within ten years of entry of the judgment and
sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may
extend the criminal judgment an additional ten years for
payment of legal financial obligations including crime
victims’ assessments. All other legal financial obligations
for an offense committed on or after July 1, 2000, may be
enforced at any time the offender remains under the court’s
jurisdiction. For an offense committed on or after July 1,
2000, the court shall retain jurisdiction over the offender, for
purposes of the offender’s compliance with payment of the
legal financial obligations, until the obligation is completely
satisfied, regardless of the statutory maximum for the crime.
The department of corrections shall supervise the offender’s
compliance with payment of the legal financial obligations
for ten years following the entry of the judgment and
sentence, or ten years following the offender’s release from
total confinement, whichever period ends later. The department is not responsible for supervision of the offender
during any subsequent period of time the offender remains
under the court’s jurisdiction.
(5) In order to assist the court in setting a monthly sum
that the offender must pay during the period of supervision,
the offender is required to report to the department for
purposes of preparing a recommendation to the court. When
reporting, the offender is required, under oath, to respond
truthfully and honestly to all questions concerning present,
past, and future earning capabilities and the location and
nature of all property or financial assets. The offender is
further required to bring all documents requested by the
department.
(6) After completing the investigation, the department
shall make a report to the court on the amount of the
monthly payment that the offender should be required to
make towards a satisfied legal financial obligation.
(2002 Ed.)
Sentencing Reform Act of 1981
(7) During the period of supervision, the department
may make a recommendation to the court that the offender’s
monthly payment schedule be modified so as to reflect a
change in financial circumstances. If the department sets the
monthly payment amount, the department may modify the
monthly payment amount without the matter being returned
to the court. During the period of supervision, the department may require the offender to report to the department
for the purposes of reviewing the appropriateness of the
collection schedule for the legal financial obligation. During
this reporting, the offender is required under oath to respond
truthfully and honestly to all questions concerning earning
capabilities and the location and nature of all property or
financial assets. The offender shall bring all documents
requested by the department in order to prepare the collection schedule.
(8) After the judgment and sentence or payment order
is entered, the department is authorized, for any period of
supervision, to collect the legal financial obligation from the
offender. Any amount collected by the department shall be
remitted daily to the county clerk for the purpose of disbursements. The department is authorized to accept credit
cards as payment for a legal financial obligation, and any
costs incurred related to accepting credit card payments shall
be the responsibility of the offender.
(9) The department or any obligee of the legal financial
obligation may seek a mandatory wage assignment for the
purposes of obtaining satisfaction for the legal financial
obligation pursuant to *RCW 9.94A.7701.
(10) The requirement that the offender pay a monthly
sum towards a legal financial obligation constitutes a
condition or requirement of a sentence and the offender is
subject to the penalties for noncompliance as provided in
*RCW 9.94A.634, 9.94A.737, or 9.94A.740.
(11) The county clerk shall provide the department with
individualized monthly billings for each offender with an
unsatisfied legal financial obligation and shall provide the
department with notice of payments by such offenders no
less frequently than weekly.
(12) The department may arrange for the collection of
unpaid legal financial obligations through the county clerk,
or through another entity if the clerk does not assume
responsibility for collection. The costs for collection
services shall be paid by the offender.
(13) Nothing in this chapter makes the department, the
state, or any of its employees, agents, or other persons acting
on their behalf liable under any circumstances for the
payment of these legal financial obligations. [2001 c 10 §
3. Prior: 2000 c 226 § 4; 2000 c 28 § 31; 1999 c 196 § 6;
prior: 1997 c 121 § 5; 1997 c 52 § 3; 1995 c 231 § 3; 1991
c 93 § 2; 1989 c 252 § 3. Formerly RCW 9.94A.145.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
(2002 Ed.)
9.94A.760
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7601 "Earnings," "disposable earnings," and
"obligee" defined. As used in this chapter, the term
"earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission,
hours, or otherwise, and notwithstanding any other provision
of law making such payments exempt from garnishment,
attachment, or other process to satisfy court-ordered legal
financial obligations, specifically includes periodic payments
pursuant to pension or retirement programs, or insurance
policies of any type. Earnings shall specifically include all
gain derived from capital, from labor, or from both, not
including profit gained through sale or conversion of capital
assets. The term "disposable earnings" means that part of
the earnings of any individual remaining after the deduction
from those earnings of any amount required by law to be
withheld. The term "obligee" means the department, party,
or entity to whom the legal financial obligation is owed, or
the department, party, or entity to whom the right to receive
or collect support has been assigned. [1991 c 93 § 1.
Formerly RCW 9.94A.200005.]
Retroactive application—1991 c 93: "The provisions of this act are
retroactive and apply to any actions commenced but not final before May
9, 1991." [1991 c 93 §15.]
Captions not law—1991 c 93: "Captions as used in this act
constitute no part of the law." [1991 c 93 § 12.]
9.94A.7602 Legal financial obligation—Notice of
payroll deduction—Issuance and content. (1) The
department may issue a notice of payroll deduction in a
criminal action if:
(a) The court at sentencing orders its immediate issuance; or
(b) The offender is more than thirty days past due in
monthly payments in an amount equal to or greater than the
amount payable for one month, provided:
(i) The judgment and sentence or subsequent order to
pay contains a statement that a notice of payroll deduction
may be issued without further notice to the offender; or
(ii) The department has served a notice on the offender
stating such requirements and authorization. Service of such
notice shall be made by personal service or any form of mail
requiring a return receipt.
(2) The notice of payroll deduction is to be in writing
and include:
(a) The name, social security number, and identifying
court case number of the offender/employee;
(b) The amount to be deducted from the offender/employee’s disposable earnings each month, or alternative
amounts and frequencies as may be necessary to facilitate
processing of the payroll deduction by the employer;
(c) A statement that the total amount withheld on all
payroll deduction notices for payment of court-ordered legal
financial obligations combined shall not exceed twenty-five
percent of the offender/employee’s disposable earnings; and
(d) The address to which the payments are to be mailed
or delivered.
[Title 9 RCW—page 171]
9.94A.7602
Title 9 RCW: Crimes and Punishments
(3) An informational copy of the notice of payroll
deduction shall be mailed to the offender’s last known
address by regular mail or shall be personally served.
(4) Neither the department nor any agents of the
department shall be held liable for actions taken under
*RCW 9.94A.760 and 9.94A.7601 through 9.94A.761.
[1991 c 93 § 3. Formerly RCW 9.94A.200010.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7603 Legal financial obligations—Payroll
deductions—Maximum amounts withheld, apportionment. (1) The total amount to be withheld from the offender/employee’s earnings each month, or from each earnings
disbursement, shall not exceed twenty-five percent of the
disposable earnings of the offender.
(2) If the offender is subject to two or more notices of
payroll deduction for payment of a court-ordered legal
financial obligation from different obligees, the employer or
entity shall, if the nonexempt portion of the offender’s
earnings is not sufficient to respond fully to all notices of
payroll deduction, apportion the offender’s nonexempt
disposable earnings between or among the various obligees
equally. [1991 c 93 § 4. Formerly RCW 9.94A.200015.]
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7604 Legal financial obligations—Notice of
payroll deduction—Employer or entity rights and
responsibilities. (1) An employer or entity upon whom a
notice of payroll deduction is served, shall make an answer
to the department within twenty days after the date of
service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if
no payroll deduction is in effect. The answer shall also state
whether the offender is employed by or receives earnings
from the employer or entity, whether the employer or entity
anticipates paying earnings, and the amount of earnings. If
the offender is no longer employed, or receiving earnings
from the employer or entity, the answer shall state the
present employer or entity’s name and address, if known.
(2) Service of a notice of payroll deduction upon an
employer or entity requires an employer or entity to immediately make a mandatory payroll deduction from the offender/employee’s unpaid disposable earnings. The employer or
entity shall thereafter at each pay period deduct the amount
stated in the notice divided by the number of pay periods per
month. The employer or entity must remit the proper
amounts to the appropriate clerk of the court on each date
the offender/employee is due to be paid.
(3) The employer or entity may combine amounts
withheld from the earnings of more than one employee in a
single payment to the clerk of the court, listing separately the
amount of the payment that is attributable to each individual
employee.
(4) The employer or entity may deduct a processing fee
from the remainder of the employee’s earnings after withholding under the notice of payroll deduction, even if the
remainder is exempt under *RCW 9.94A.761. The processing fee may not exceed:
[Title 9 RCW—page 172]
(a) Ten dollars for the first disbursement made by the
employer to the clerk of the court; and
(b) One dollar for each subsequent disbursement made
under the notice of payroll deduction.
(5) The notice of payroll deduction shall remain in
effect until released by the department or the court enters an
order terminating the notice.
(6) An employer shall be liable to the obligee for the
amount of court-ordered legal financial obligation moneys
that should have been withheld from the offender/employee’s
earnings, if the employer:
(a) Fails or refuses, after being served with a notice of
payroll deduction, to deduct and promptly remit from unpaid
earnings the amounts of money required in the notice; or
(b) Fails or refuses to submit an answer to the notice of
payroll deduction after being served. In such cases, liability
may be established in superior court. Awards in superior
court shall include costs, interest under RCW 19.52.020 and
4.56.110, reasonable attorney fees, and staff costs as part of
the award.
(7) No employer who complies with a notice of payroll
deduction under this chapter may be liable to the employee
for wrongful withholding.
(8) No employer may discipline or discharge an employee or refuse to hire a person by reason of an action authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation
of this section, the employee or person shall have a cause of
action against the employer. The employer shall be liable
for double the amount of lost wages and any other damages
suffered as a result of the violation and for costs and reasonable attorney fees, and shall be subject to a civil penalty of
not more than two thousand five hundred dollars for each
violation. The employer may also be ordered to hire, rehire,
or reinstate the aggrieved individual. [1991 c 93 § 5.
Formerly RCW 9.94A.200020.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7605 Motion to quash, modify, or terminate
payroll deduction—Grounds for relief. (1) The offender
subject to a payroll deduction under this chapter, may file a
motion in superior court to quash, modify, or terminate the
payroll deduction. The court may grant relief if:
(a) It is demonstrated that the payroll deduction causes
extreme hardship or substantial injustice; or
(b) In cases where the court did not immediately order
the issuance of a notice of payroll deduction at sentencing,
that a court-ordered legal financial obligation payment was
not more than thirty days past due in an amount equal to or
greater than the amount payable for one month.
(2) Satisfactions by the offender of all past-due payments subsequent to the issuance of the notice of payroll
deduction is not grounds to quash, modify, or terminate the
notice of payroll deduction. If a notice of payroll deduction
has been in operation for twelve consecutive months and the
offender’s payment towards a court-ordered legal financial
obligation is current, upon motion of the offender, the court
may order the department to terminate the payroll deduction,
unless the department can show good cause as to why the
(2002 Ed.)
Sentencing Reform Act of 1981
notice of payroll deduction should remain in effect. [1991
c 93 § 6. Formerly RCW 9.94A.200025.]
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7606 Legal financial obligations—Order to
withhold and deliver—Issuance and contents. (1) The
department may issue to any person or entity an order to
withhold and deliver property of any kind, including but not
restricted to, earnings that are due, owing, or belonging to
the offender, if the department has reason to believe that
there is in the possession of such person or entity, property
that is due, owing, or belonging to the offender. Such order
to withhold and deliver may be issued when a court-ordered
legal financial obligation payment is past due:
(a) If an offender’s judgment and sentence or a subsequent order to pay includes a statement that other incomewithholding action under this chapter may be taken without
further notice to the offender.
(b) If a judgment and sentence or a subsequent order to
pay does not include the statement that other incomewithholding action under this chapter may be taken without
further notice to the offender but the department has served
a notice on the offender stating such requirements and authorizations. The service shall have been made by personal
service or any form of mail requiring a return receipt.
(2) The order to withhold and deliver shall:
(a) Include the amount of the court-ordered legal
financial obligation;
(b) Contain a summary of moneys that may be exempt
from the order to withhold and deliver and a summary of the
civil liability upon failure to comply with the order; and
(c) Be served by personal service or by any form of
mail requiring a return receipt.
(3) The department shall also, on or before the date of
service of the order to withhold and deliver, mail or cause to
be mailed by any form of mail requiring a return receipt, a
copy of the order to withhold and deliver to the offender at
the offender’s last known post office address, or, in the
alternative, a copy of the order shall be personally served on
the offender on or before the date of service of the order or
within two days thereafter. The copy of the order shall be
mailed or served together with an explanation of the right to
petition for judicial review. If the copy is not mailed or
served as this section provides, or if any irregularity appears
with respect to the mailing or service, the superior court, in
its discretion on motion of the offender promptly made and
supported by affidavit showing that the offender has suffered
substantial injury due to the failure to mail the copy, may set
aside the order to withhold and deliver. [1991 c 93 § 7.
Formerly RCW 9.94A.200030.]
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7607 Legal financial obligations—Order to
withhold and deliver—Duties and rights of person or
entity served. (1) A person or entity upon whom service
has been made is hereby required to:
(a) Answer the order to withhold and deliver within
twenty days, exclusive of the day of service, under oath and
(2002 Ed.)
9.94A.7605
in writing, and shall make true answers to the matters
inquired of in the order; and
(b) Provide further and additional answers when
requested by the department.
(2) Any person or entity in possession of any property
that may be subject to the order to withhold and deliver
shall:
(a)(i) Immediately withhold such property upon receipt
of the order to withhold and deliver;
(ii) Deliver the property to the appropriate clerk of the
court as soon as the twenty-day answer period expires;
(iii) Continue to withhold earnings payable to the
offender at each succeeding disbursement interval and
deliver amounts withheld from earnings to the appropriate
clerk of the court within ten days of the date earnings are
payable to the offender;
(iv) Inform the department of the date the amounts were
withheld as requested under this section; or
(b) Furnish the appropriate clerk of the court a good and
sufficient bond, satisfactory to the clerk, conditioned upon
final determination of liability.
(3) Where money is due and owing under any contract
of employment, expressed or implied, or is held by any
person or entity subject to withdrawal by the offender, the
money shall be delivered by remittance payable to the order
of the appropriate clerk of the court.
(4) Delivery to the appropriate clerk of the court of the
money or other property held or claimed shall satisfy the
requirement and serve as full acquittance of the order to
withhold and deliver.
(5) The person or entity required to withhold and deliver
the earnings of a debtor under this action may deduct a
processing fee from the remainder of the offender’s earnings,
even if the remainder would otherwise be exempt under
*RCW 9.94A.761. The processing fee may not exceed:
(a) Ten dollars for the first disbursement to the appropriate clerk of the court; and
(b) One dollar for each subsequent disbursement.
(6) A person or entity shall be liable to the obligee in an
amount equal to one hundred percent of the value of the
court-ordered legal financial obligation that is the basis of
the order to withhold and deliver, or the amount that should
have been withheld, whichever amount is less, together with
costs, interest, and reasonable attorneys’ fees if that person
or entity fails or refuses to deliver property under the order.
The department is authorized to issue a notice of debt
pursuant to and to take appropriate action to collect the debt
under this chapter if a judgment has been entered as the
result of an action by the court against a person or entity
based on a violation of this section.
(7) Persons or entities delivering money or property to
the appropriate clerk of the court under this chapter shall not
be held liable for wrongful delivery.
(8) Persons or entities withholding money or property
under this chapter shall not be held liable for wrongful
withholding. [1991 c 93 § 8. Formerly RCW
9.94A.200035.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
[Title 9 RCW—page 173]
9.94A.7608
Title 9 RCW: Crimes and Punishments
9.94A.7608 Legal financial obligations—Financial
institutions—Service on main office or branch, effect—
Collection actions against community bank account, court
hearing. An order to withhold and deliver or any other
income-withholding action authorized by this chapter may be
served on the main office of a bank, savings and loan
association, or credit union or on a branch office of the
financial institution. Service on the main office shall be
effective to attach the deposits of an offender in the financial
institution and compensation payable for personal services
due the offender from the financial institution. Service on
a branch office shall be effective to attach the deposits,
accounts, credits, or other personal property of the offender,
excluding compensation payable for personal services, in the
possession or control of the particular branch served.
Notwithstanding any other provision of *RCW
9.94A.760 and 9.94A.7601 through 9.94A.761, if the
department initiates collection action against a joint bank account, with or without the right of survivorship, or any other
funds which are subject to the community property laws of
this state, notice shall be given to all affected parties that the
account or funds are subject to potential withholding. Such
notice shall be by first class mail, return receipt required, or
by personal service and be given at least twenty calendar
days before withholding is made. Upon receipt of such
notice, the nonobligated person shall have ten calendar days
to file a petition with the department contesting the withholding of his or her interest in the account or funds. The
department shall provide notice of the right of the filing of
the petition with the notice provided in this paragraph. If the
petition is not filed within the period provided for herein, the
department is authorized to proceed with the collection
action. [1991 c 93 § 9. Formerly RCW 9.94A.200040.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7609 Legal financial obligations—Notice of
debt—Service or mailing—Contents—Action on, when.
(1) The department may issue a notice of debt in order to
enforce and collect a court-ordered legal financial obligation
debt through either a notice of payroll deduction or an order
to withhold and deliver.
(2) The notice of debt may be personally served upon
the offender or be mailed to the offender at his or her last
known address by any form of mail requiring a return
receipt, demanding payment within twenty days of the date
of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial
obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of
payroll deduction.
(c) A statement that earnings or property, or both, are
subject to an order to withhold and deliver.
(d) A statement that the net proceeds will be applied to
the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial
obligation by notice of payroll deduction or an order to
withhold and deliver shall be lawful after twenty days from
[Title 9 RCW—page 174]
the date of service upon the offender or twenty days from
the receipt or refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the
offender’s monthly court-ordered legal financial obligation
payment is not paid when due, and an amount equal to or
greater than the amount payable for one month is owned.
(6) The department shall not be required to issue or
serve the notice of debt in order to enforce and collect a
court-ordered legal financial obligation debt through either
a notice of payroll deduction or an order to withhold and
deliver if either the offender’s judgment and sentence or a
subsequent order to pay includes a statement that incomewithholding action under this chapter may be taken without
further notice to the offender. [1991 c 93 § 10. Formerly
RCW 9.94A.200045.]
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.761 Legal financial obligations—Exemption
from notice of payroll deduction or order to withhold
and deliver. Whenever a notice of payroll deduction or
order to withhold and deliver is served upon a person or
entity asserting a court-ordered legal financial obligation debt
against earnings and there is in the possession of the person
or entity any of the earnings, RCW 6.27.150 shall not apply,
but seventy-five percent of the disposable earnings shall be
exempt and may be disbursed to the offender whether such
earnings are paid, or to be paid weekly, monthly, or at other
intervals and whether there is due the offender earnings for
one week or for a longer period. The notice of payroll
deduction or order to withhold and deliver shall continue to
operate and require said person or entity to withhold the
nonexempt portion of earnings, at each succeeding earnings
disbursement interval until the entire amount of the courtordered legal financial obligation debt has been withheld.
[1991 c 93 § 11. Formerly RCW 9.94A.200050.]
Retroactive application—Captions not law—1991 c 93: See notes
following RCW 9.94A.7601.
9.94A.7701 Legal financial obligations—Wage
assignments—Petition or motion. A petition or motion
seeking a mandatory wage assignment in a criminal action
may be filed by the department or any obligee if the offender is more than thirty days past due in monthly payments in
an amount equal to or greater than the amount payable for
one month. The petition or motion shall include a sworn
statement by the secretary or designee, or if filed solely by
an obligee, by such obligee, stating the facts authorizing the
issuance of the wage assignment order, including: (1) That
the offender, stating his or her name and last known residence, is more than thirty days past due in payments in an
amount equal to or greater than the amount payable for one
month; (2) a description of the terms of the judgment and
sentence and/or payment order requiring payment of a courtordered legal financial obligation, the total amount remaining
unpaid, and the amount past due; (3) the name and address
of the offender’s employer; (4) that notice by personal
service, or any form of mail requiring a return receipt, has
been provided to the offender at least fifteen days prior to
the filing of a mandatory wage assignment, unless the
judgment and sentence or the order for payment states that
(2002 Ed.)
Sentencing Reform Act of 1981
the department or obligee may seek a mandatory wage assignment without notice to the defendant. A copy of the
judgment and sentence or payment order shall be attached to
the petition or motion seeking the wage assignment. [1989
c 252 § 9. Formerly RCW 9.94A.2001.]
9.94A.7701
and adopt rules for the wage assignment order. [1989 c 252
§ 12. Formerly RCW 9.94A.2004.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7703 Legal financial obligations—Wage
assignments—Amounts to be withheld. (1) The wage
assignment order in *RCW 9.94A.7702 shall include: (a)
The maximum amount or current amount owed on a courtordered legal financial obligation, if any, to be withheld from
the defendant’s earnings each month, or from each earnings
disbursement; and (b) the total amount of the arrearage or
reimbursement judgment previously entered by the court, if
any, together with interest, if any.
(2) The total amount to be withheld from the
defendant’s earnings each month, or from each earnings
disbursement, shall not exceed twenty-five percent of the
disposable earnings of the defendant. If the amounts to be
paid toward the arrearage are specified in the payment order,
then the maximum amount to be withheld is the sum of the
current amount owed and the amount ordered to be paid
toward the arrearage, or twenty-five percent of the disposable earnings of the defendant, whichever is less.
(3) If the defendant is subject to two or more attachments for payment of a court-ordered legal financial obligation on account of different obligees, the employer shall, if
the nonexempt portion of the defendant’s earnings is not
sufficient to respond fully to all the attachments, apportion
the defendant’s nonexempt disposable earnings between or
among the various obligees equally. Any obligee may seek
a court order reapportioning the defendant’s nonexempt disposable earnings upon notice to all interested parties. Notice
shall be by personal service, or in the manner provided by
the civil rules of superior court or applicable statute. [1989
c 252 § 11. Formerly RCW 9.94A.2003.]
9.94A.7705 Legal financial obligations—Wage
assignments—Employer responsibilities. (1) An employer
upon whom service of a wage assignment order has been
made shall answer the order by sworn affidavit within
twenty days after the date of service. The answer shall state
whether the offender is employed by or receives earnings
from the employer, whether the employer will honor the
wage assignment order, and whether there are multiple
attachments against the offender.
(2) If the employer possesses any earnings due and
owing to the offender, the earnings subject to the wage
assignment order shall be withheld immediately upon receipt
of the wage assignment order. The employer shall deliver
the withheld earnings to the clerk of the court pursuant to
the wage assignment order. The employer shall make the
first delivery no sooner than twenty days after receipt of the
wage assignment order.
(3) The employer shall continue to withhold the ordered
amounts from nonexempt earnings of the offender until
notified that the wage assignment has been modified or
terminated. The employer shall promptly notify the clerk of
the court who entered the order when the employee is no
longer employed.
(4) The employer may deduct a processing fee from the
remainder of the employee’s earnings after withholding
under the wage assignment order, even if the remainder is
exempt under *RCW 9.94A.7703. The processing fee may
not exceed: (a) Ten dollars for the first disbursement made
by the employer to the clerk of the court; and (b) one dollar
for each subsequent disbursement made under the wage assignment order.
(5) An employer who fails to withhold earnings as
required by a wage assignment order issued under this
chapter may be held liable for the amounts disbursed to the
offender in violation of the wage assignment order, and may
be found by the court to be in contempt of court and may be
punished as provided by law.
(6) No employer who complies with a wage assignment
order issued under this chapter may be liable to the employee for wrongful withholding.
(7) No employer may discharge, discipline, or refuse to
hire an employee because of the entry or service of a wage
assignment order issued and executed under this chapter. A
person who violates this subsection may be found by the
court to be in contempt of court and may be punished as
provided by law.
(8) An employer shall deliver a copy of the wage
assignment order to the obligor as soon as is reasonably
possible. [1989 c 252 § 13. Formerly RCW 9.94A.2005.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7704 Legal financial obligations—Wage
assignments—Rules. The department shall develop a form
9.94A.7706 Legal financial obligations—Wage
assignments—Form and rules. The department shall
develop a form and adopt rules for the wage assignment
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7702 Legal financial obligations—Wage
assignments—Answer. Upon receipt of a petition or
motion seeking a mandatory wage assignment that complies
with *RCW 9.94A.7701, the court shall issue a wage
assignment order as provided in *RCW 9.94A.7704 and
including the information required in *RCW 9.94A.7701,
directed to the employer, and commanding the employer to
answer the order on the forms served with the order that
comply with *RCW 9.94A.7706 within twenty days after
service of the order upon the employer. [1989 c 252 § 10.
Formerly RCW 9.94A.2002.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
(2002 Ed.)
[Title 9 RCW—page 175]
9.94A.7706
Title 9 RCW: Crimes and Punishments
answer, and instructions for employers for preparing such
answer. [1989 c 252 § 14. Formerly RCW 9.94A.2006.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7707 Legal financial obligations—Wage
assignments—Service. (1) Service of the wage assignment
order on the employer is invalid unless it is served with five
answer forms in substantial conformance with *RCW
9.94A.7706, together with stamped envelopes addressed to,
respectively, the clerk of the court where the order was
issued, the obligee’s attorney, the petitioner, the department,
and the obligor. The petitioner shall also include an extra
copy of the wage assignment order for the employer to
deliver to the obligor. Service on the employer shall be in
person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the wage
assignment order on the employer, the petitioner shall mail
or cause to be mailed by certified mail a copy of the wage
assignment order to the obligor at the obligor’s last known
post office address; or, in the alternative, a copy of the wage
assignment order shall be served on the obligor in the same
manner as a summons in a civil action on, before, or within
two days after the date of service of the order on the
employer. This requirement is not jurisdictional, but if the
copy is not mailed or served as this subsection provides, or
if any irregularity appears with respect to the mailing of
service, the superior court, in its discretion, may quash the
wage assignment order, upon motion of the obligor promptly
made and supported by an affidavit showing that the defendant has suffered substantial injury due to the failure to mail
or serve the copy. [1989 c 252 § 15. Formerly RCW
9.94A.2007.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7708 Legal financial obligations—Wage
assignments—Hearing—Scope of relief. In a hearing to
quash, modify, or terminate the wage assignment order, the
court may grant relief only upon a showing that the wage
assignment order causes extreme hardship or substantial
injustice. Satisfactions by the defendant of all past-due
payments subsequent to the issuance of the wage assignment
order is not grounds to quash, modify, or terminate the wage
assignment order. If a wage assignment order has been in
operation for twelve consecutive months and the obligor’s
payment towards a court-ordered legal financial obligation is
current, the court may terminate the order upon motion of
the obligor unless the obligee or the department can show
good cause as to why the wage assignment order should
remain in effect. The department shall notify the employer
of any modification or termination of the wage assignment
order. [1989 c 252 § 16. Formerly RCW 9.94A.2008.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.7709 Legal financial obligations—Wage
assignments—Recovery of costs, attorneys’ fees. In any
action to enforce legal financial obligations under this
chapter, the prevailing party is entitled to a recovery of
[Title 9 RCW—page 176]
costs, including an award for reasonable attorneys’ fees. An
obligor may not be considered a prevailing party under this
section unless the obligee has acted in bad faith in connection with the proceeding in question. [1989 c 252 § 17.
Formerly RCW 9.94A.2009.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.771 Legal financial obligations—Wage
assignments—Sentences imposed before July 1, 1989. For
those individuals who, as a condition and term of their
sentence imposed on or before July 1, 1989, have had
financial obligations imposed, and who are not in compliance
with the court order requiring payment of that legal financial
obligation, no action shall be brought before the court from
July 1, 1989, through and including December 31, 1989, to
impose a penalty for their failure to pay. All individuals
who, after December 31, 1989, have not taken the opportunity to bring their legal financial obligation current, shall be
proceeded against pursuant to *RCW 9.94A.634. [1989 c
252 § 18. Formerly RCW 9.94A.201.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
9.94A.780 Offender supervision assessments. (1)
Whenever a punishment imposed under this chapter requires
supervision services to be provided, the offender shall pay to
the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be
for the duration of the terms of supervision and which shall
be considered as payment or part payment of the cost of
providing supervision to the offender. The department may
exempt or defer a person from the payment of all or any part
of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been
unable to obtain employment that provides the offender
sufficient income to make such payments.
(b) The offender is a student in a school, college,
university, or a course of vocational or technical training
designed to fit the student for gainful employment.
(c) The offender has an employment handicap, as
determined by an examination acceptable to or ordered by
the department.
(d) The offender’s age prevents him from obtaining
employment.
(e) The offender is responsible for the support of
dependents and the payment of the assessment constitutes an
undue hardship on the offender.
(f) Other extenuating circumstances as determined by
the department.
(2) The department of corrections shall adopt a rule
prescribing the amount of the assessment. The department
may, if it finds it appropriate, prescribe a schedule of
assessments that shall vary in accordance with the intensity
or cost of the supervision. The department may not prescribe any assessment that is less than ten dollars nor more
than fifty dollars.
(3) All amounts required to be paid under this section
shall be collected by the department of corrections and
(2002 Ed.)
Sentencing Reform Act of 1981
deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.
(4) This section shall not apply to probation services
provided under an interstate compact pursuant to chapter
9.95 RCW or to probation services provided for persons
placed on probation prior to June 10, 1982. [1991 c 104 §
1; 1989 c 252 § 8; 1984 c 209 § 15; 1982 c 207 § 2.
Formerly RCW 9.94A.270.]
Purpose—Prospective application—Effective dates—Severability—
1989 c 252: See notes following RCW 9.94A.030.
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.800 Sex offender treatment in correctional
facility. (1) When an offender commits any felony sex
offense on or after July 1, 1987, and on or before July 1,
1990, and is sentenced to a term of confinement of more
than one year but less than six years, the sentencing court
may, on its own motion or on the motion of the offender or
the state, request the department to evaluate whether the
offender is amenable to treatment and the department may
place the offender in a treatment program within a correctional facility operated by the department.
Except for an offender who has been convicted of a
violation of RCW 9A.44.040 or 9A.44.050, if the offender
completes the treatment program before the expiration of his
or her term of confinement, the department may request the
court to convert the balance of confinement to community
supervision and to place conditions on the offender including
crime-related prohibitions and requirements that the offender
perform any one or more of the following:
(a) Devote time to a specific employment or occupation;
(b) Remain within prescribed geographical boundaries
and notify the court or the community corrections officer
prior to any change in the offender’s address or employment;
(c) Report as directed to the court and a community
corrections officer;
(d) Undergo available outpatient treatment.
If the offender violates any of the terms of his or her
community supervision, the court may order the offender to
serve out the balance of his or her community supervision
term in confinement in the custody of the department.
Nothing in this subsection shall confer eligibility for
such programs for offenders convicted and sentenced for a
sex offense committed prior to July 1, 1987.
(2) Offenders convicted and sentenced for a sex offense
committed prior to July 1, 1987, may, subject to available
funds, request an evaluation by the department to determine
whether they are amenable to treatment. If the offender is
determined to be amenable to treatment, the offender may
request placement in a treatment program within a correctional facility operated by the department. Placement in such
treatment program is subject to available funds. [2000 c 28
§ 34.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.810 Transition and relapse prevention
strategies. Within the funds available for this purpose, the
department shall develop and monitor transition and relapse
prevention strategies, including risk assessment and release
plans, to reduce risk to the community after sex offenders’
(2002 Ed.)
9.94A.780
terms of confinement in the custody of the department.
[2000 c 28 § 35.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.820 Sex offender treatment in the community. (1) Sex offender examinations and treatment ordered
as a special condition of community placement or community custody under this chapter shall be conducted only by sex
offender treatment providers certified by the department of
health under chapter 18.155 RCW unless the court or the
department finds that: (a) The offender has already moved
to another state or plans to move to another state for reasons
other than circumventing the certification requirements; (b)
the treatment provider is employed by the department; or
(c)(i) no certified providers are available to provide treatment
within a reasonable geographic distance of the offender’s
home, as determined in rules adopted by the secretary; and
(ii) the evaluation and treatment plan comply with the rules
adopted by the department of health. A treatment provider
selected by an offender under (c) of this subsection, who is
not certified by the department of health shall consult with
a certified provider during the offender’s period of treatment
to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified
provider.
(2) A sex offender’s failure to participate in treatment
required as a condition of community placement or community custody is a violation that will not be excused on the
basis that no treatment provider was located within a reasonable geographic distance of the offender’s home. [2000
c 28 § 36.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.830 Legislative finding and intent—
Commitment of felony sexual offenders after July 1,
1987. The legislature finds that the sexual offender treatment programs at western and eastern state hospitals, while
not proven to be totally effective, may be of some benefit in
positively affecting the behavior of certain sexual offenders.
Given the significance of the problems of sexual assault and
sexual abuse of children, it is therefore appropriate to review
and revise these treatment efforts.
At the same time, concerns regarding the lack of
adequate security at the existing programs must be satisfactorily addressed. In an effort to promote public safety, it is the
intent of the legislature to transfer the responsibility for
felony sexual offenders from the department of social and
health services to the department of corrections.
Therefore, no person committing a felony sexual offense
on or after July 1, 1987, may be committed under *RCW
9.94A.505(7)(b) to the department of social and health
services at eastern state hospital or western state hospital.
Any person committed to the department of social and health
services under *RCW 9.94A.505(7)(b) for an offense
committed before July 1, 1987, and still in the custody of the
department of social and health services on June 30, 1993,
shall be transferred to the custody of the department of
corrections. Any person eligible for evaluation or treatment
[Title 9 RCW—page 177]
9.94A.830
Title 9 RCW: Crimes and Punishments
under *RCW 9.94A.505(7)(b) shall be committed to the
department of corrections. [1987 c 402 § 2; 1986 c 301 §
1. Formerly RCW 9.94A.123.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6. RCW
9.94A.505 (formerly RCW 9.94A.120) was amended by 1995 c 108 § 3,
which deleted subsection (7)(b).
Effective date—1987 c 402: See note following RCW 9.94A.505.
9.94A.835 Sexual motivation special allegation—
Procedures. (1) The prosecuting attorney shall file a special
allegation of sexual motivation in every criminal case other
than sex offenses as defined in *RCW 9.94A.030(33) (a) or
(c) when sufficient admissible evidence exists, which, when
considered with the most plausible, reasonably foreseeable
defense that could be raised under the evidence, would
justify a finding of sexual motivation by a reasonable and
objective fact-finder.
(2) In a criminal case wherein there has been a special
allegation the state shall prove beyond a reasonable doubt
that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or
not a sexual motivation was present at the time of the
commission of the crime, or if a jury trial is had, the jury
shall, if it finds the defendant guilty, also find a special
verdict as to whether or not the defendant committed the
crime with a sexual motivation. This finding shall not be
applied to sex offenses as defined in *RCW 9.94A.030(33)
(a) or (c).
(3) The prosecuting attorney shall not withdraw the
special allegation of sexual motivation without approval of
the court through an order of dismissal of the special
allegation. The court shall not dismiss this special allegation
unless it finds that such an order is necessary to correct an
error in the initial charging decision or unless there are
evidentiary problems which make proving the special
allegation doubtful. [1999 c 143 § 11; 1990 c 3 § 601.
Formerly RCW 9.94A.127.]
*Reviser’s note: RCW 9.94A.030 was amended by 1999 c 352 § 8,
changing subsection (33)(c) to subsection (33)(d). RCW 9.94A.030 was
also amended by 1999 c 196 § 2, changing subsection (33) to subsection
(36). RCW 9.94A.030 was subsequently amended by 2000 c 28 § 2,
changing subsection (36) to subsection (37), effective July 1, 2001. RCW
9.94A.030 was subsequently amended by 2001 2nd sp.s. c 12 § 301,
changing subsection (37) to subsection (38).
Effective date—Application—1990 c 3 §§ 601-605: "(1) Sections
601 through 605 of this act, for purposes of sentencing adult or juvenile
offenders, shall take effect July 1, 1990, and shall apply to crimes or
offenses committed on or after July 1, 1990.
(2) For purposes of defining a "sexually violent offense" pursuant to
section 1002(4) of this act, sections 601 through 605 of this act shall take
effect July 1, 1990, and shall apply to crimes committed on, before, or after
July 1, 1990." [1990 c 3 § 606.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.840 Sex offenders—Release from total
confinement—Notification of prosecutor. (1)(a) When it
appears that a person who has been convicted of a sexually
violent offense may meet the criteria of a sexually violent
predator as defined in *RCW 71.09.020(1), the agency with
jurisdiction over the person shall refer the person in writing
to the prosecuting attorney of the county where that person
[Title 9 RCW—page 178]
was convicted, three months prior to the anticipated release
from total confinement.
(b) The agency shall inform the prosecutor of the
following:
(i) The person’s name, identifying factors, anticipated
future residence, and offense history; and
(ii) Documentation of institutional adjustment and any
treatment received.
(2) This section applies to acts committed before, on, or
after March 26, 1992.
(3) The agency with jurisdiction, its employees, and
officials shall be immune from liability for any good-faith
conduct under this section.
(4) As used in this section, "agency with jurisdiction"
means that agency with the authority to direct the release of
a person serving a sentence or term of confinement and
includes the department of corrections, the indeterminate
sentence review board, and the department of social and
health services. [1992 c 45 § 1; 1990 c 3 § 122. Formerly
RCW 9.94A.151.]
*Reviser’s note: RCW 71.09.020 was amended by 2001 2nd sp.s. c
12 § 102, changing subsection (1) to subsection (12). RCW 71.09.020 was
subsequently amended by 2002 c 58 § 2, changing subsection (12) to
subsection (16).
Severability—1992 c 45: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1992 c 45 § 8.]
Application—1992 c 45: "This act applies to sex offenses committed
on, before, or after March 26, 1992." [1992 c 45 § 10.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.843 Sex offenders—Release of information—
Immunity. The department, its employees, and officials,
shall be immune from liability for release of information
regarding sex offenders that complies with RCW 4.24.550.
[1990 c 3 § 123. Formerly RCW 9.94A.152.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.846 Sex offenders—Release of information.
In addition to any other information required to be released
under other provisions of this chapter, the department may,
pursuant to RCW 4.24.550, release information concerning
convicted sex offenders confined to the department of corrections. [1990 c 3 § 124. Formerly RCW 9.94A.153.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9.94A.850 Sentencing guidelines commission—
Established—Powers and duties. (Effective until July 1,
2004.) (1) A sentencing guidelines commission is established as an agency of state government.
(2) The legislature finds that the commission, having
accomplished its original statutory directive to implement
this chapter, and having expertise in sentencing practice and
policies, shall:
(a) Evaluate state sentencing policy, to include whether
the sentencing ranges and standards are consistent with and
further:
(i) The purposes of this chapter as defined in RCW
9.94A.010; and
(2002 Ed.)
Sentencing Reform Act of 1981
(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement
for the nonviolent offender.
The commission shall provide the governor and the
legislature with its evaluation and recommendations under
this subsection not later than December 1, 1996, and every
two years thereafter;
(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy,
prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the
commission shall accompany its recommendation with an
additional list of standard sentence ranges which are consistent with correction capacity;
(c) Study the existing criminal code and from time to
time make recommendations to the legislature for modification;
(d)(i) Serve as a clearinghouse and information center
for the collection, preparation, analysis, and dissemination of
information on state and local adult and juvenile sentencing
practices; (ii) develop and maintain a computerized adult and
juvenile sentencing information system by individual
superior court judge consisting of offender, offense, history,
and sentence information entered from judgment and
sentence forms for all adult felons; and (iii) conduct ongoing
research regarding adult and juvenile sentencing guidelines,
use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the
improvement of the adult criminal justice system and the
juvenile justice system;
(e) Assume the powers and duties of the juvenile
disposition standards commission after June 30, 1996;
(f) Evaluate the effectiveness of existing disposition
standards and related statutes in implementing policies set
forth in RCW 13.40.010 generally, specifically review the
guidelines relating to the confinement of minor and first-time
offenders as well as the use of diversion, and review the
application of current and proposed juvenile sentencing
standards and guidelines for potential adverse impacts on the
sentencing outcomes of racial and ethnic minority youth;
(g) Solicit the comments and suggestions of the juvenile
justice community concerning disposition standards, and
make recommendations to the legislature regarding revisions
or modifications of the standards. The evaluations shall be
submitted to the legislature on December 1 of each oddnumbered year. The department of social and health
services shall provide the commission with available data
concerning the implementation of the disposition standards
and related statutes and their effect on the performance of
the department’s responsibilities relating to juvenile offenders, and with recommendations for modification of the
disposition standards. The office of the administrator for the
courts shall provide the commission with available data on
diversion, including the use of youth court programs, and
dispositions of juvenile offenders under chapter 13.40 RCW;
and
(h) Not later than December 1, 1997, and at least every
two years thereafter, based on available information, report
to the governor and the legislature on:
(i) Racial disproportionality in juvenile and adult
sentencing, and, if available, the impact that diversions, such
(2002 Ed.)
9.94A.850
as youth courts, have on racial disproportionality in juvenile
prosecution, adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult
facilities and resources; and
(iii) Recidivism information on adult and juvenile
offenders.
(3) Each of the commission’s recommended standard
sentence ranges shall include one or more of the following:
Total confinement, partial confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial
confinement under this chapter are subject to the following
limitations:
(a) If the maximum term in the range is one year or
less, the minimum term in the range shall be no less than
one-third of the maximum term in the range, except that if
the maximum term in the range is ninety days or less, the
minimum term may be less than one-third of the maximum;
(b) If the maximum term in the range is greater than
one year, the minimum term in the range shall be no less
than seventy-five percent of the maximum term in the range,
except that for murder in the second degree in seriousness
level XIV under *RCW 9.94A.510, the minimum term in the
range shall be no less than fifty percent of the maximum
term in the range; and
(c) The maximum term of confinement in a range may
not exceed the statutory maximum for the crime as provided
in RCW 9A.20.021.
(5)(a) Not later than December 31, 1999, the commission shall propose to the legislature the initial community
custody ranges to be included in sentences under RCW
9.94A.715 for crimes committed on or after July 1, 2000.
Not later than December 31 of each year, the commission
may propose modifications to the ranges. The ranges shall
be based on the principles in RCW 9.94A.010, and shall take
into account the funds available to the department for
community custody. The minimum term in each range shall
not be less than one-half of the maximum term.
(b) The legislature may, by enactment of a legislative
bill, adopt or modify the community custody ranges proposed by the commission. If the legislature fails to adopt or
modify the initial ranges in its next regular session after they
are proposed, the proposed ranges shall take effect without
legislative approval for crimes committed on or after July 1,
2000.
(c) When the commission proposes modifications to
ranges pursuant to this subsection, the legislature may, by
enactment of a bill, adopt or modify the ranges proposed by
the commission for crimes committed on or after July 1 of
the year after they were proposed. Unless the legislature
adopts or modifies the commission’s proposal in its next
regular session, the proposed ranges shall not take effect.
(6) The commission shall exercise its duties under this
section in conformity with chapter 34.05 RCW. [2002 c 237
§ 16; 2002 c 175 § 16; 2000 c 28 § 41. Prior: 1999 c 352
§ 1; 1999 c 196 § 3; prior: 1997 c 365 § 2; 1997 c 338 §
3; 1996 c 232 § 1; 1995 c 269 § 303; 1994 c 87 § 1; 1986
c 257 § 18; 1982 c 192 § 2; 1981 c 137 § 4. Formerly
RCW 9.94A.040.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
[Title 9 RCW—page 179]
9.94A.850
Title 9 RCW: Crimes and Punishments
(2) This section was amended by 2002 c 175 § 16 and by 2002 c 237
§ 16, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective dates—1996 c 232: "(1) Sections 1 through 8 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 28, 1996].
(2) Section 9 of this act takes effect July 1, 1996." [1996 c 232 § 12.]
Effective date—1995 c 269: "Sections 101, 201, 302, 303, 401, 402,
501 through 505, 601, 701, 801, 901, 1001, 1101, 1201 through 1203, 1301,
1302, 1401 through 1407, 1501, 1601, 1701, 1801, 1901, 1902, 2001, 2101,
2102, 2201 through 2204, 2301, 2302, 2401, 2501, 2601 through 2608,
2701, 2801 through 2804, 2901 through 2909, 3001, 3101, 3201, 3301,
3401, and 3501 of this act are necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 1, 1995." [1995 c
269 § 3604.]
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
9.94A.850 Sentencing guidelines commission—
Established—Powers and duties. (Effective July 1, 2004.)
(1) A sentencing guidelines commission is established as an
agency of state government.
(2) The legislature finds that the commission, having
accomplished its original statutory directive to implement
this chapter, and having expertise in sentencing practice and
policies, shall:
(a) Evaluate state sentencing policy, to include whether
the sentencing ranges and standards are consistent with and
further:
(i) The purposes of this chapter as defined in RCW
9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement
for the nonviolent offender.
The commission shall provide the governor and the
legislature with its evaluation and recommendations under
this subsection not later than December 1, 1996, and every
two years thereafter;
(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy,
prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the
commission shall accompany its recommendation with an
additional list of standard sentence ranges which are consistent with correction capacity;
(c) Study the existing criminal code and from time to
time make recommendations to the legislature for modification;
[Title 9 RCW—page 180]
(d)(i) Serve as a clearinghouse and information center
for the collection, preparation, analysis, and dissemination of
information on state and local adult and juvenile sentencing
practices; (ii) develop and maintain a computerized adult and
juvenile sentencing information system by individual
superior court judge consisting of offender, offense, history,
and sentence information entered from judgment and
sentence forms for all adult felons; and (iii) conduct ongoing
research regarding adult and juvenile sentencing guidelines,
use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the
improvement of the adult criminal justice system and the
juvenile justice system;
(e) Assume the powers and duties of the juvenile
disposition standards commission after June 30, 1996;
(f) Evaluate the effectiveness of existing disposition
standards and related statutes in implementing policies set
forth in RCW 13.40.010 generally, specifically review the
guidelines relating to the confinement of minor and first-time
offenders as well as the use of diversion, and review the
application of current and proposed juvenile sentencing
standards and guidelines for potential adverse impacts on the
sentencing outcomes of racial and ethnic minority youth;
(g) Solicit the comments and suggestions of the juvenile
justice community concerning disposition standards, and
make recommendations to the legislature regarding revisions
or modifications of the standards. The evaluations shall be
submitted to the legislature on December 1 of each oddnumbered year. The department of social and health
services shall provide the commission with available data
concerning the implementation of the disposition standards
and related statutes and their effect on the performance of
the department’s responsibilities relating to juvenile offenders, and with recommendations for modification of the
disposition standards. The office of the administrator for the
courts shall provide the commission with available data on
diversion, including the use of youth court programs, and
dispositions of juvenile offenders under chapter 13.40 RCW;
and
(h) Not later than December 1, 1997, and at least every
two years thereafter, based on available information, report
to the governor and the legislature on:
(i) Racial disproportionality in juvenile and adult
sentencing, and, if available, the impact that diversions, such
as youth courts, have on racial disproportionality in juvenile
prosecution, adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult
facilities and resources; and
(iii) Recidivism information on adult and juvenile
offenders.
(3) Each of the commission’s recommended standard
sentence ranges shall include one or more of the following:
Total confinement, partial confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial
confinement under this chapter, except as provided in RCW
9.94A.517, are subject to the following limitations:
(a) If the maximum term in the range is one year or
less, the minimum term in the range shall be no less than
one-third of the maximum term in the range, except that if
the maximum term in the range is ninety days or less, the
minimum term may be less than one-third of the maximum;
(2002 Ed.)
Sentencing Reform Act of 1981
(b) If the maximum term in the range is greater than
one year, the minimum term in the range shall be no less
than seventy-five percent of the maximum term in the range,
except that for murder in the second degree in seriousness
level XIV under *RCW 9.94A.510, the minimum term in the
range shall be no less than fifty percent of the maximum
term in the range; and
(c) The maximum term of confinement in a range may
not exceed the statutory maximum for the crime as provided
in RCW 9A.20.021.
(5)(a) Not later than December 31, 1999, the commission shall propose to the legislature the initial community
custody ranges to be included in sentences under RCW
9.94A.715 for crimes committed on or after July 1, 2000.
Not later than December 31 of each year, the commission
may propose modifications to the ranges. The ranges shall
be based on the principles in RCW 9.94A.010, and shall take
into account the funds available to the department for
community custody. The minimum term in each range shall
not be less than one-half of the maximum term.
(b) The legislature may, by enactment of a legislative
bill, adopt or modify the community custody ranges proposed by the commission. If the legislature fails to adopt or
modify the initial ranges in its next regular session after they
are proposed, the proposed ranges shall take effect without
legislative approval for crimes committed on or after July 1,
2000.
(c) When the commission proposes modifications to
ranges pursuant to this subsection, the legislature may, by
enactment of a bill, adopt or modify the ranges proposed by
the commission for crimes committed on or after July 1 of
the year after they were proposed. Unless the legislature
adopts or modifies the commission’s proposal in its next
regular session, the proposed ranges shall not take effect.
(6) The commission shall exercise its duties under this
section in conformity with chapter 34.05 RCW. [2002 c 290
§ 22; 2002 c 237 § 16; 2002 c 175 § 16; 2000 c 28 § 41.
Prior: 1999 c 352 § 1; 1999 c 196 § 3; prior: 1997 c 365
§ 2; 1997 c 338 § 3; 1996 c 232 § 1; 1995 c 269 § 303;
1994 c 87 § 1; 1986 c 257 § 18; 1982 c 192 § 2; 1981 c 137
§ 4. Formerly RCW 9.94A.040.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 2002 c 175 § 16, 2002 c 237 § 16,
and by 2002 c 290 § 22, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective dates—1996 c 232: "(1) Sections 1 through 8 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 28, 1996].
(2002 Ed.)
9.94A.850
(2) Section 9 of this act takes effect July 1, 1996." [1996 c 232 § 12.]
Effective date—1995 c 269: "Sections 101, 201, 302, 303, 401, 402,
501 through 505, 601, 701, 801, 901, 1001, 1101, 1201 through 1203, 1301,
1302, 1401 through 1407, 1501, 1601, 1701, 1801, 1901, 1902, 2001, 2101,
2102, 2201 through 2204, 2301, 2302, 2401, 2501, 2601 through 2608,
2701, 2801 through 2804, 2901 through 2909, 3001, 3101, 3201, 3301,
3401, and 3501 of this act are necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 1, 1995." [1995 c
269 § 3604.]
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
9.94A.855 Sentencing guidelines commission—
Research staff—Data, information, assistance—Bylaws—
Salary of executive officer. The commission shall appoint
a research staff of sufficient size and with sufficient resources to accomplish its duties. The commission may request
from the office of financial management, the indeterminate
sentence review board, administrator for the courts, the
department of corrections, and the department of social and
health services such data, information, and data processing
assistance as it may need to accomplish its duties, and such
services shall be provided without cost to the commission.
The commission shall adopt its own bylaws.
The salary for a full-time executive officer, if any, shall
be fixed by the governor pursuant to RCW 43.03.040. [1999
c 143 § 10; 1982 c 192 § 3; 1981 c 137 § 5. Formerly
RCW 9.94A.050.]
9.94A.860 Sentencing guidelines commission—
Membership—Appointments—Terms of office—Expenses
and compensation. (1) The commission consists of twenty
voting members, one of whom the governor shall designate
as chairperson. With the exception of ex officio voting
members, the voting members of the commission shall be
appointed by the governor, subject to confirmation by the
senate.
(2) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio
member;
(b) The director of financial management or designee,
as an ex officio member;
(c) The chair of the indeterminate sentence review
board, as an ex officio member;
(d) The head of the state agency, or the agency head’s
designee, having responsibility for juvenile corrections
programs, as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense
work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer
of a county or city;
(i) Four members of the public who are not prosecutors,
defense attorneys, judges, or law enforcement officers, one
of whom is a victim of crime or a crime victims’ advocate;
(j) One person who is an elected official of a county
government, other than a prosecuting attorney or sheriff;
[Title 9 RCW—page 181]
9.94A.860
Title 9 RCW: Crimes and Punishments
(k) One person who is an elected official of a city
government;
(l) One person who is an administrator of juvenile court
services.
In making the appointments, the governor shall endeavor
to assure that the commission membership includes adequate
representation and expertise relating to both the adult
criminal justice system and the juvenile justice system. In
making the appointments, the governor shall seek the
recommendations of Washington prosecutors in respect to
the prosecuting attorney members, of the Washington state
bar association in respect to the defense attorney members,
of the association of superior court judges in respect to the
members who are judges, of the Washington association of
sheriffs and police chiefs in respect to the member who is a
law enforcement officer, of the Washington state association
of counties in respect to the member who is a county
official, of the association of Washington cities in respect to
the member who is a city official, of the office of crime
victims advocacy and other organizations of crime victims in
respect to the member who is a victim of crime or a crime
victims’ advocate, and of the Washington association of
juvenile court administrators in respect to the member who
is an administrator of juvenile court services.
(3)(a) All voting members of the commission, except ex
officio voting members, shall serve terms of three years and
until their successors are appointed and confirmed.
(b) The governor shall stagger the terms of the members
appointed under subsection (2)(j), (k), and (l) of this section
by appointing one of them for a term of one year, one for a
term of two years, and one for a term of three years.
(4) The speaker of the house of representatives and the
president of the senate may each appoint two nonvoting
members to the commission, one from each of the two
largest caucuses in each house. The members so appointed
shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
(5) The members of the commission shall be reimbursed
for travel expenses as provided in RCW 43.03.050 and
43.03.060. Legislative members shall be reimbursed by their
respective houses as provided under RCW 44.04.120.
Members shall be compensated in accordance with RCW
43.03.250. [2001 2nd sp.s. c 12 § 311; 1996 c 232 § 3;
1993 c 11 § 1; 1988 c 157 § 2; 1984 c 287 § 10; 1981 c 137
§ 6. Formerly RCW 9.94A.060.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective dates—1996 c 232: See note following RCW 9.94A.850.
Effective date—1993 c 11: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1993]." [1993 c 11 § 2.]
Application—1988 c 157: See note following RCW 9.94A.030.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
9.94A.865 Standard sentence ranges—Revisions or
modifications—Submission to legislature. Revisions or
modifications of standard sentence ranges or other standards,
[Title 9 RCW—page 182]
together with any additional list of standard sentence ranges,
shall be submitted to the legislature at least every two years.
[1986 c 257 § 19; 1981 c 137 § 7. Formerly RCW
9.94A.070.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
9.94A.870 Emergency due to inmate population
exceeding correctional facility capacity. If the governor
finds that an emergency exists in that the population of a
state residential correctional facility exceeds its reasonable,
maximum capacity, then the governor may do any one or
more of the following:
(1) Call the sentencing guidelines commission into an
emergency meeting for the purpose of evaluating the
standard ranges and other standards. The commission may
adopt any revision or amendment to the standard ranges or
other standards that it believes appropriate to deal with the
emergency situation. The revision or amendment shall be
adopted in conformity with chapter 34.05 RCW and shall
take effect on the date prescribed by the commission. The
legislature shall approve or modify the commission’s
revision or amendment at the next legislative session after
the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or
amendment;
(2) Call the clemency and pardons board into an
emergency meeting for the purpose of recommending
whether the governor’s commutation or pardon power should
be exercised to meet the present emergency. [1999 c 143 §
13; 1984 c 246 § 1; 1983 c 163 § 4; 1981 c 137 § 16.
Formerly RCW 9.94A.160.]
Severability—1984 c 246: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 246 § 12.]
Effective date—1983 c 163: See note following RCW 9.94A.505.
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.875 Emergency in county jails population
exceeding capacity. If the governor finds that an emergency exists in that the populations of county jails exceed their
reasonable, maximum capacity in a significant manner as a
result of increases in the sentenced felon population due to
implementation of chapter 9.94A RCW, the governor may do
any one or more of the following:
(1) Call the sentencing guidelines commission into an
emergency meeting for the purpose of evaluating the
standard ranges and other standards. The commission may
adopt any revision or amendment to the standard ranges or
other standards that it believes appropriate to deal with the
emergency situation. The revision or amendment shall be
adopted in conformity with chapter 34.05 RCW and shall
take effect on the date prescribed by the commission. The
legislature shall approve or modify the commission’s
revision or amendment at the next legislative session after
the revision or amendment takes effect. Failure of the legislature to act shall be deemed as approval of the revision or
amendment. The commission shall also analyze how
alternatives to total confinement are being provided and used
(2002 Ed.)
Sentencing Reform Act of 1981
and may recommend other emergency measures that may
relieve the overcrowding.
(2) Call the clemency and pardons board into an
emergency meeting for the purpose of recommending
whether the governor’s commutation or pardon power should
be exercised to meet the present emergency. [1984 c 209 §
9. Formerly RCW 9.94A.165.]
Effective dates—1984 c 209: See note following RCW 9.94A.030.
9.94A.880 Clemency and pardons board—
Membership—Terms—Chairman—Bylaws—Travel
expenses—Staff. (1) The clemency and pardons board is
established as a board within the office of the governor. The
board consists of five members appointed by the governor,
subject to confirmation by the senate.
(2) Members of the board shall serve terms of four
years and until their successors are appointed and confirmed.
However, the governor shall stagger the terms by appointing
one of the initial members for a term of one year, one for
a term of two years, one for a term of three years, and two
for terms of four years.
(3) The board shall elect a chairman from among its
members and shall adopt bylaws governing the operation of
the board.
(4) Members of the board shall receive no compensation
but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended.
(5) The attorney general shall provide a staff as needed
for the operation of the board. [1981 c 137 § 25. Formerly
RCW 9.94A.250.]
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.885 Clemency and pardons board—Petitions
for review—Hearing. (1) The clemency and pardons board
shall receive petitions from individuals, organizations, and
the department for review and commutation of sentences and
pardoning of offenders in extraordinary cases, and shall
make recommendations thereon to the governor.
(2) The board shall receive petitions from individuals or
organizations for the restoration of civil rights lost by
operation of state law as a result of convictions for federal
offenses or out-of-state felonies. The board may issue
certificates of restoration limited to the elective rights to vote
and to engage in political office. Any certifications granted
by the board must be filed with the secretary of state to be
effective. In all other cases, the board shall make recommendations to the governor.
(3) The board shall not recommend that the governor
grant clemency under subsection (1) of this section until a
public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained
shall be notified at least thirty days prior to the scheduled
hearing that a petition has been filed and the date and place
at which the hearing on the petition will be held. The board
may waive the thirty-day notice requirement in cases where
it determines that waiver is necessary to permit timely action
on the petition. A copy of the petition shall be sent to the
prosecuting attorney. The prosecuting attorney shall make
reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that
(2002 Ed.)
9.94A.875
conducted the investigation, of the date and place of the
hearing. Information regarding victims, survivors of victims,
or witnesses receiving this notice are confidential and shall
not be available to the offender. The board shall consider
written, oral, audio, or videotaped statements regarding the
petition received, personally or by representation, from the
individuals who receive notice pursuant to this section. This
subsection is intended solely for the guidance of the board.
Nothing in this section is intended or may be relied upon to
create a right or benefit, substantive or procedural, enforceable at law by any person. [1999 c 323 § 3; 1989 c 214 §
2; 1981 c 137 § 26. Formerly RCW 9.94A.260.]
Intent—1999 c 323: "The pardoning power is vested in the governor
under such regulations and restrictions as may be prescribed by law. To
assist the governor in gathering the facts necessary to the wise exercise of
this power, the legislature created the clemency and pardons board.
In recognition of the severe and detrimental impact of crime on
victims, survivors of victims, and witnesses of crime, an intelligent
recommendation on an application for clemency is dependent upon input
from the victims and survivors of victims of crimes. It is the intent of the
legislature to ensure that all victims and survivors of victims of crimes are
afforded a meaningful role in the clemency process.
The impact of the crime on the community must also be assessed
when passing upon an application for clemency. The prosecuting attorney
who obtained the conviction and the law enforcement agency that conducted
the investigation are uniquely situated to provide an accurate account of the
offense and the impact felt by the community as a result of the offense. It
is the intent of the legislature to ensure that the prosecuting attorney who
obtained the conviction and the law enforcement agency that conducted the
investigation are afforded a meaningful role in the clemency process."
[1999 c 323 § 1.]
Effective date—1981 c 137: See RCW 9.94A.905.
9.94A.890 Abused victim—Resentencing for murder
of abuser. (1) The sentencing court or the court’s successor
shall consider recommendations from the indeterminate
sentence review board for resentencing offenders convicted
of murder if the indeterminate sentence review board advises
the court of the following:
(a) The offender was convicted for a murder committed
prior to July 23, 1989;
(b) *RCW 9.94A.535(1)(h), if effective when the
offender committed the crime, would have provided a basis
for the offender to seek a mitigated sentence; and
(c) Upon review of the sentence, the indeterminate
sentence review board believes that the sentencing court,
when originally sentencing the offender for the murder, did
not consider evidence that the victim subjected the offender
or the offender’s children to a continuing pattern of sexual
or physical abuse and the murder was in response to that
abuse.
(2) The court may resentence the offender in light of
*RCW 9.94A.535(1)(h) and impose an exceptional mitigating sentence pursuant to that provision. Prior to
resentencing, the court shall consider any other recommendation and evidence concerning the issue of whether the
offender committed the crime in response to abuse.
(3) The court shall render its decision regarding reducing the inmate’s sentence no later than six months after
receipt of the indeterminate sentence review board’s recommendation to reduce the sentence imposed. [2000 c 28 § 42;
1993 c 144 § 5. Formerly RCW 9.94A.395.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
[Title 9 RCW—page 183]
9.94A.890
Title 9 RCW: Crimes and Punishments
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Effective date—1993 c 144: See note following RCW 9.95.045.
9.94A.905 Effective date of *RCW 9.94A.080
through 9.94A.130, 9.94A.150 through 9.94A.230,
9.94A.250, 9.94A.260—Sentences apply to felonies
committed after June 30, 1984. *RCW 9.94A.080 through
9.94A.130, 9.94A.150 through 9.94A.230, and 9.94A.250
and 9.94A.260 shall take effect on July 1, 1984. The
sentences required under this chapter shall be prescribed in
each sentence which occurs for a felony committed after
June 30, 1984. [1981 c 137 § 28.]
*Reviser’s note: The majority of chapter 9.94A RCW was recodified
by 2001 c 10 § 6. See Comparative Table for chapter 9.94A RCW in the
Table of Disposition of Former RCW Sections, this volume.
9.94A.910 Severability—1981 c 137. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 137 § 41.]
9.94A.920 Headings and captions not law—2000 c
28. Part headings and section captions used in this act do
not constitute any part of the law. [2000 c 28 § 43.]
9.94A.921 Effective date—2000 c 28. Sections 1
through 42 of this act take effect July 1, 2001. [2000 c 28
§ 46.]
9.94A.922 Severability—2000 c 28. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2000 c 28 § 47.]
9.94A.923 Nonentitlement. Nothing in chapter 290,
Laws of 2002 creates an entitlement for a criminal defendant
to any specific sanction, alternative, sentence option, or
substance abuse treatment. [2002 c 290 § 26.]
Chapter 9.95
INDETERMINATE SENTENCES
(Formerly: Prison terms, paroles, and probation)
Sections
9.95.0001
9.95.001
9.95.002
9.95.003
9.95.005
9.95.007
9.95.009
9.95.010
9.95.011
9.95.013
9.95.015
9.95.017
9.95.020
9.95.028
9.95.030
9.95.031
9.95.032
9.95.040
9.95.045
9.95.047
9.95.052
9.95.055
9.95.060
9.95.062
9.95.063
9.95.064
9.95.070
9.95.080
9.95.090
9.95.100
9.95.110
9.95.115
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note
following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
9.95.116
9.94A.924 Severability—2002 c 290. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2002 c 290 § 28.]
9.95.120
9.95.117
9.95.119
9.95.121
9.95.122
9.95.123
9.95.124
9.94A.930 Recodification. The code reviser shall
recodify sections within chapter 9.94A RCW, and correct
any cross-references to any such recodified sections, as
necessary to simplify the organization of chapter 9.94A
RCW. [2001 c 10 § 6.]
9.95.125
9.95.126
9.95.130
9.95.140
9.95.150
9.95.155
[Title 9 RCW—page 184]
Definitions.
Board of prison terms and paroles redesignated as indeterminate sentence review board.
Board considered parole board.
Appointment of board members—Qualifications—Salaries
and travel expenses—Employees.
Board meetings—Quarters at institutions.
Transaction of board’s business in panels—Action by full
board.
Board of prison terms and paroles—Existence ceases July 1,
1986—Reductions in membership—Continuation of
functions.
Court to fix maximum sentence.
Minimum terms.
Application of sentencing reform act to board decision.
Finding of fact or special verdict establishing defendant
armed with deadly weapon.
Criteria for confinement and parole.
Duties of superintendent of correctional institution.
Statement of prosecuting attorney provided to department,
when.
Statement to indeterminate sentence review board.
Statement of prosecuting attorney.
Statement of prosecuting attorney—Delivery of statement.
Terms fixed by board—Minimums for certain cases.
Abused victim—Reduction in sentence for murder of abuser—Petition for review.
Abused victim—Considerations of board in reviewing petition.
Redetermination and refixing of minimum term of confinement.
Reduction of sentences during war emergency.
When sentence begins to run.
Stay of judgment—When prohibited—Credit for jail time
pending appeal.
Conviction upon new trial—Former imprisonment deductible.
Conditions of release.
Reductions for good behavior.
Revocation and redetermination of minimum for infractions.
Labor required.
Prisoner released on serving maximum term.
Parole.
Parole of life term prisoners—Crimes committed before July
1, 1984.
Duration of confinement—Mandatory life sentences—
Crimes committed before July 1, 1984.
Parolees subject to supervision of department of corrections—Progress reports.
Plans and recommendations for conditions of supervision of
parolees.
Suspension, revision of parole—Community corrections
officers—Hearing—Retaking violators—Reinstatement.
On-site revocation hearing—Procedure when waived.
On-site revocation hearing—Representation for alleged
violators—Compensation.
On-site revocation hearing—Conduct—Witnesses—
Subpoenas, enforcement.
On-site revocation hearing—Attorney general’s recommendations—Procedural rules.
On-site parole revocation hearing—Board’s decision—
Reinstatement or revocation of parole.
On-site revocation hearing—Cooperation in providing facilities.
Parole-revoked offender as escapee.
Record of parolees—Privacy—Sexual offender information
release—Immunity from liability—Cooperation by officials and employees.
Rules and regulations.
Rule making regarding sex offenders.
(2002 Ed.)
Indeterminate Sentences
9.95.160
Governor’s powers not affected—Revocation of paroles
granted by board.
9.95.170
Board to inform itself as to each convict—Records from
department of corrections.
9.95.190
Application of RCW 9.95.010 through 9.95.170 to inmates
previously committed.
9.95.195
Final discharge of parolee—Restoration of civil rights—
Governor’s pardoning power not affected.
9.95.200
Probation by court—Investigation by secretary of corrections.
9.95.204
Misdemeanant probation services—County supervision.
9.95.206
Misdemeanant probation services—Offender classification
system—Supervision standards.
9.95.210
Conditions of probation.
9.95.212
Standards for supervision of misdemeanant probationers.
9.95.214
Assessment for supervision of misdemeanant probationers.
9.95.215
Counties may provide probation and parole services.
9.95.220
Violation of probation—Rearrest—Imprisonment.
9.95.230
Court revocation or termination of probation.
9.95.240
Dismissal of information or indictment after probation completed.
9.95.250
Community corrections officers.
9.95.260
Indeterminate sentence review board—Supervision of conditionally pardoned persons—Hearing.
9.95.265
Report to governor and legislature.
9.95.267
Transfer of certain powers and duties of board to secretary
of corrections.
9.95.270
Compacts for out-of-state supervision of parolees or probationers—Uniform act.
9.95.280
Return of parole violators from another state—Deputizing
out-of-state officers.
9.95.290
Return of parole violators from another state—Deputization
procedure.
9.95.300
Return of parole violators from another state—Contracts to
share costs.
9.95.310
Assistance for parolees, work release, and discharged prisoners—Declaration of purpose.
9.95.320
Assistance for parolees, work release, and discharged prisoners—Subsistence payments—Terms and conditions.
9.95.330
Assistance for parolees, work release, and discharged prisoners—Department may accept gifts and make expenditures.
9.95.340
Assistance for parolees, work release, and discharged prisoners—Use and repayment of funds belonging to absconders.
9.95.350
Assistance for parolees, work release, and discharged prisoners—Use and accounting of funds or property.
9.95.360
Assistance for parolees, work release, and discharged prisoners—Community services revolving fund.
9.95.370
Assistance for parolees and discharged prisoners—
Repayment agreement.
9.95.420
Sex offenders—End of sentence review.
9.95.425
Sex offenders—Postrelease violations.
9.95.430
Sex offenders—Postrelease arrest.
9.95.435
Sex offenders—Postrelease transfer to more restrictive confinement.
9.95.440
Sex offenders—Reinstatement of release.
9.95.900
Application of certain laws to felonies committed before, on,
or after certain dates.
Commitments: Chapter 10.70 RCW.
Counties may provide probation and parole services: RCW 36.01.070.
Form of sentence to penitentiary: RCW 10.64.060.
Leaves of absence for inmates: RCW 72.01.370, 72.01.380.
Probation and parole, transfer of certain powers, duties: Chapter 72.04A
RCW.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
Western interstate corrections compact, board members may hold hearings:
RCW 72.70.040.
9.95.0001 Definitions. (1) "Board" means the
indeterminate sentence review board.
(2002 Ed.)
Chapter 9.95
(2) "Community custody" means that portion of an
offender’s sentence subject to controls including crimerelated prohibitions and affirmative conditions from the
court, the board, or the department of corrections based on
risk to community safety, that is served under supervision in
the community, and which may be modified or revoked for
violations of release conditions.
(3) "Crime-related prohibition" has the meaning defined
in RCW 9.94A.030.
(4) "Department" means the department of corrections.
(5) "Parole" means that portion of a person’s sentence
for a crime committed before July 1, 1984, served on
conditional release in the community subject to board
controls and revocation and under supervision of the department.
(6) "Secretary" means the secretary of the department of
corrections or his or her designee. [2001 2nd sp.s. c 12 §
317.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.001 Board of prison terms and paroles redesignated as indeterminate sentence review board. On July
1, 1986, the board of prison terms and paroles shall be
redesignated the indeterminate sentence review board. The
newly designated board shall retain the same membership
and staff as the previously designated board of prison terms
and paroles. References to "the board" or "board of prison
terms and paroles" contained in this chapter, chapters 7.68,
9.95, 9.96, 71.06, and 72.04A RCW, and RCW 9A.44.045
and 72.68.031 are deemed to refer to the indeterminate
sentence review board. [1986 c 224 § 2; (i) 1935 c 114 § 1;
RRS § 10249-1. (ii) 1947 c 47 § 1; Rem. Supp. 1947 §
10249-1a. Formerly RCW 43.67.010.]
Effective date—1986 c 224: "Sections 1 through 13 of this act shall
take effect July 1, 1986." [1986 c 224 § 16.]
Severability—1986 c 224: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 224 § 17.]
9.95.002 Board considered parole board. The
indeterminate sentence review board, in fulfilling its duties
under the provisions of chapter 12, Laws of 2001 2nd sp.
sess., shall be considered a parole board as that concept was
treated in law under the state’s indeterminate sentencing
statutes. [2001 2nd sp.s. c 12 § 363.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.003 Appointment of board members—
Qualifications—Salaries and travel expenses—Employees.
The board shall consist of a chairman and two other members, each of whom shall be appointed by the governor with
the consent of the senate. Each member shall hold office for
a term of five years, and until his or her successor is
appointed and qualified. The terms shall expire on April
15th of the expiration year. Vacancies in the membership of
[Title 9 RCW—page 185]
9.95.003
Title 9 RCW: Crimes and Punishments
the board shall be filled by appointment by the governor
with the consent of the senate. In the event of the inability
of any member to act, the governor shall appoint some
competent person to act in his stead during the continuance
of such inability. The members shall not be removable
during their respective terms except for cause determined by
the superior court of Thurston county. The governor in
appointing the members shall designate one of them to serve
as chairman at the governor’s pleasure.
The members of the board and its officers and employees shall not engage in any other business or profession or
hold any other public office without the prior approval of the
executive ethics board indicating compliance with RCW
42.52.020, 42.52.030, 42.52.040 and 42.52.120; nor shall
they, at the time of appointment or employment or during
their incumbency, serve as the representative of any political
party on an executive committee or other governing body
thereof, or as an executive officer or employee of any
political committee or association. The members of the
board shall each severally receive salaries fixed by the
governor in accordance with the provisions of RCW
43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance
with RCW 43.03.050 and 43.03.060.
The board may employ, and fix, with the approval of
the governor, the compensation of and prescribe the duties
of a secretary and such officers, employees, and assistants as
may be necessary, and provide necessary quarters, supplies,
and equipment. [1997 c 350 § 2; 1986 c 224 § 3; 1975-’76
2nd ex.s. c 34 § 8; 1969 c 98 § 9; 1959 c 32 § 1; 1955 c
340 § 9. Prior: 1945 c 155 § 1, part; 1935 c 114 § 8, part;
Rem. Supp. 1945 § 10249-8, part. Formerly RCW
43.67.020.]
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.005 Board meetings—Quarters at institutions.
The board shall meet at major state correctional institutions
at such times as may be necessary for a full and complete
study of the cases of all convicted persons whose durations
of confinement are to be determined by it; whose community
custody supervision is under the board’s authority; or whose
applications for parole come before it. Other times and
places of meetings may also be fixed by the board.
The superintendents of the different institutions shall
provide suitable quarters for the board and assistants while
in the discharge of their duties. [2001 2nd sp.s. c 12 § 318;
1986 c 224 § 4; 1959 c 32 § 2; 1955 c 340 § 10. Prior:
1945 c 155 § 1, part; 1935 c 114 § 8, part; Rem. Supp. 1945
§ 10249-8, part. Formerly RCW 43.67.030.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
[Title 9 RCW—page 186]
9.95.007 Transaction of board’s business in panels—Action by full board. The board may meet and
transact business in panels. Each board panel shall consist
of at least two members of the board. In all matters concerning the internal affairs of the board and policy-making
decisions, a majority of the full board must concur in such
matters. The chairman of the board with the consent of a
majority of the board may designate any two members to
exercise all the powers and duties of the board in connection
with any hearing before the board. If the two members so
designated cannot unanimously agree as to the disposition of
the hearing assigned to them, such hearing shall be reheard
by the full board. All actions of the full board shall be by
concurrence of a majority of the board members. [1986 c
224 § 5; 1975-’76 2nd ex.s. c 63 § 1; 1959 c 32 § 3.
Formerly RCW 43.67.035.]
Effective date—Severability—1986 c 224: See notes following
9.95.001.
9.95.009 Board of prison terms and paroles—
Existence ceases July 1, 1986—Reductions in membership—Continuation of functions. (1) On July 1, 1986, the
board of prison terms and paroles shall be redesignated as
the indeterminate sentence review board. The board’s
membership shall be reduced as follows: On July 1, 1986,
and on July 1st of each year until 1998, the number of board
members shall be reduced in a manner commensurate with
the board’s remaining workload as determined by the office
of financial management based upon its population forecast
for the indeterminate sentencing system and in conjunction
with the budget process. To meet the statutory obligations
of the indeterminate sentence review board, the number of
board members shall not be reduced to fewer than three
members, although the office of financial management may
designate some or all members as part-time members and
specify the extent to which they shall be less than full-time
members. Any reduction shall take place by the expiration,
on that date, of the term or terms having the least time left
to serve.
(2) After July 1, 1984, the board shall continue its
functions with respect to persons convicted of crimes
committed prior to July 1, 1984, and committed to the department of corrections. When making decisions on duration
of confinement, including those relating to persons committed under a mandatory life sentence, and parole release under
RCW 9.95.100 and 9.95.110, the board shall consider the
purposes, standards, and sentencing ranges adopted pursuant
to *RCW 9.94A.850 and the minimum term recommendations of the sentencing judge and prosecuting attorney, and
shall attempt to make decisions reasonably consistent with
those ranges, standards, purposes, and recommendations:
PROVIDED, That the board and its successors shall give
adequate written reasons whenever a minimum term or
parole release decision is made which is outside the sentencing ranges adopted pursuant to *RCW 9.94A.850. In
making such decisions, the board and its successors shall
consider the different charging and disposition practices
under the indeterminate sentencing system.
(3) Notwithstanding the provisions of subsection (2) of
this section, the indeterminate sentence review board shall
give public safety considerations the highest priority when
making all discretionary decisions on the remaining indeter(2002 Ed.)
Indeterminate Sentences
minate population regarding the ability for parole, parole
release, and conditions of parole. [1990 c 3 § 707; 1989 c
259 § 1; 1986 c 224 § 6; 1985 c 279 § 1; 1982 c 192 § 8;
1981 c 137 § 24.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
Severability—1981 c 137: See RCW 9.94A.910.
9.95.010 Court to fix maximum sentence. When a
person, whose crime was committed before July 1, 1984, is
convicted of any felony, except treason, murder in the first
degree, or carnal knowledge of a child under ten years, and
a new trial is not granted, the court shall sentence such
person to the penitentiary, or, if the law allows and the court
sees fit to exercise such discretion, to the reformatory, and
shall fix the maximum term of such person’s sentence only.
The maximum term to be fixed by the court shall be the
maximum provided by law for the crime of which such
person was convicted, if the law provides for a maximum
term. If the law does not provide a maximum term for the
crime of which such person was convicted the court shall fix
such maximum term, which may be for any number of years
up to and including life imprisonment but in any case where
the maximum term is fixed by the court it shall be fixed at
not less than twenty years. [2001 2nd sp.s. c 12 § 319; 1955
c 133 § 2. Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part;
Rem. Supp. 1947 § 10249-2, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Punishment: Chapter 9.92 RCW.
9.95.011 Minimum terms. (1) When the court
commits a convicted person to the department of corrections
on or after July 1, 1986, for an offense committed before
July 1, 1984, the court shall, at the time of sentencing or
revocation of probation, fix the minimum term. The term so
fixed shall not exceed the maximum sentence provided by
law for the offense of which the person is convicted.
The court shall attempt to set the minimum term
reasonably consistent with the purposes, standards, and
sentencing ranges adopted under *RCW 9.94A.850, but the
court is subject to the same limitations as those placed on
the board under RCW 9.92.090, 9.95.040 (1) through (4),
9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW.
The court’s minimum term decision is subject to review to
the same extent as a minimum term decision by the parole
board before July 1, 1986.
Thereafter, the expiration of the minimum term set by
the court minus any time credits earned under RCW
9.95.070 and 9.95.110 constitutes the parole eligibility
review date, at which time the board may consider the
convicted person for parole under RCW 9.95.100 and
9.95.110 and chapter 72.04A RCW. Nothing in this section
affects the board’s authority to reduce or increase the
minimum term, once set by the court, under RCW 9.95.040,
(2002 Ed.)
9.95.009
9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115,
9.95.125, or 9.95.047.
(2)(a) Except as provided in (b) of this subsection, not
less than ninety days prior to the expiration of the minimum
term of a person sentenced under RCW 9.94A.712, for a sex
offense committed on or after September 1, 2001, less any
time credits permitted by statute, the board shall review the
person for conditional release to community custody as
provided in RCW 9.95.420. If the board does not release
the person, it shall set a new minimum term not to exceed
an additional two years. The board shall review the person
again not less than ninety days prior to the expiration of the
new minimum term.
(b) If at the time a person sentenced under RCW
9.94A.712 for a sex offense committed on or after September 1, 2001, arrives at a department of corrections facility,
the offender’s minimum term has expired or will expire
within one hundred twenty days of the offender’s arrival,
then no later than one hundred twenty days after the
offender’s arrival at a department of corrections facility, but
after the board receives the results from the end of sentence
review process and the recommendations for additional or
modified conditions of community custody from the department, the board shall review the person for conditional
release to community custody as provided in RCW 9.95.420.
If the board does not release the person, it shall set a new
minimum term not to exceed an additional two years. The
board shall review the person again not less than ninety days
prior to the expiration of the new minimum term. [2002 c
174 § 2; 2001 2nd sp.s. c 12 § 320; 1993 c 144 § 3; 1986 c
224 § 7.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 174: See note following RCW 9.95.420.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1993 c 144: See note following RCW 9.95.045.
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
9.95.013 Application of sentencing reform act to
board decision. The board shall apply all of the statutory
requirements of RCW 9.95.009(2), requiring decisions of the
board to be reasonably consistent with the ranges, standards,
and purposes of the sentencing reform act, chapter 9.94A
RCW, and the minimum term recommendations of the
sentencing judge and the prosecuting attorney, to every
person who, on July 23, 1989, is incarcerated and has been
adjudged under the provisions of RCW 9.92.090. [1989 c
259 § 5.]
9.95.015 Finding of fact or special verdict establishing defendant armed with deadly weapon. In every
criminal case wherein conviction would require the board to
determine the duration of confinement, or the court to make
such determination for persons committed after July 1, 1986,
for crimes committed before July 1, 1984, and wherein there
has been an allegation and evidence establishing that the
accused was armed with a deadly weapon at the time of the
commission of the crime, the court shall make a finding of
[Title 9 RCW—page 187]
9.95.015
Title 9 RCW: Crimes and Punishments
fact of whether or not the accused was armed with a deadly
weapon, as defined by RCW 9.95.040, at the time of the
commission of the crime, or if a jury trial is had, the jury
shall, if it find the defendant guilty, also find a special
verdict as to whether or not the defendant was armed with
a deadly weapon, as defined in RCW 9.95.040, at the time
of the commission of the crime. [1986 c 224 § 8; 1961 c
138 § 1.]
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
9.95.017 Criteria for confinement and parole. (1)
The board shall cause to be prepared criteria for duration of
confinement, release on parole, and length of parole for
persons committed to prison for crimes committed before
July 1, 1984.
The proposed criteria should take into consideration
RCW 9.95.009(2). Before submission to the governor, the
board shall solicit comments and review on their proposed
criteria for parole release. These proposed criteria shall be
submitted for consideration by the 1987 legislature.
(2) Persons committed to the department of corrections
and who are under the authority of the board for crimes
committed on or after July 1, 2001, are subject to the
provisions for duration of confinement, release to community
custody, and length of community custody established in
RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420
through 9.95.440. [2001 2nd sp.s. c 12 § 321; 1986 c 224
§ 11.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
9.95.020 Duties of superintendent of correctional
institution. If the sentence of a person so convicted is not
suspended by the court, the superintendent of a major state
correctional institution shall receive such person, if committed to his or her institution, and imprison the person until
released under the provisions of this chapter, under RCW
9.95.420, upon the completion of the statutory maximum
sentence, or through the action of the governor. [2001 2nd
sp.s. c 12 § 322; 1955 c 133 § 3. Prior: 1947 c 92 § 1,
part; 1935 c 114 § 2, part; Rem. Supp. 1947 § 10249-2,
part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.028 Statement of prosecuting attorney provided to department, when. It is the intent of the legislature
to expedite the inmate classification process of the department of corrections. The statement of the prosecuting attorney regarding a convicted criminal defendant should be
prepared and made available to the department at the time
the convicted person is placed in the custody of the department. [1984 c 114 § 1.]
[Title 9 RCW—page 188]
9.95.030 Statement to indeterminate sentence
review board. At the time the convicted person is transported to the custody of the department of corrections, the
indeterminate sentence review board shall obtain from the
sentencing judge and the prosecuting attorney, a statement of
all the facts concerning the convicted person’s crime and any
other information of which they may be possessed relative
to him, and the sentencing judge and the prosecuting
attorney shall furnish the board with such information. The
sentencing judge and prosecuting attorney shall indicate to
the board, for its guidance, what, in their judgment, should
be the duration of the convicted person’s imprisonment.
[1999 c 143 § 17; 1984 c 114 § 2; 1955 c 133 § 4. Prior:
1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp. 1947
§ 10249-2, part.]
9.95.031 Statement of prosecuting attorney.
Whenever any person shall be convicted of a crime and who
shall be sentenced to imprisonment or confinement in a state
correctional facility, it shall be the duty of the prosecuting
attorney who prosecuted such convicted person to make a
statement of the facts respecting the crime for which the
prisoner was tried and convicted, and include in such
statement all information that the prosecuting attorney can
give in regard to the career of the prisoner before the
commission of the crime for which the prisoner was convicted and sentenced, stating to the best of the prosecuting
attorney’s knowledge whether the prisoner was industrious
and of good character, and all other facts and circumstances
that may tend to throw any light upon the question as to
whether such prisoner is capable of again becoming a good
citizen. [1992 c 7 § 23; 1929 c 158 § 1; RRS § 10254.]
Reviser’s note: This section and RCW 9.95.032 antedate the 1935
act (1935 c 114) that created the board of prison terms and paroles. They
were not expressly repealed thereby, although part of section 2 of the 1935
act (RCW 9.95.030) contains similar provisions. The effect of 1935 c 114
(as amended) upon other unrepealed prior laws is discussed in Lindsey v.
Superior Court, 33 Wn. (2d) 94 at pp 99-100.
9.95.032 Statement of prosecuting attorney—
Delivery of statement. Such statement shall be signed by
the prosecuting attorney and approved by the judge by whom
the judgment was rendered and shall be delivered to the
sheriff, traveling guard, department of corrections personnel,
or other officer executing the sentence, and a copy of such
statement shall be furnished to the defendant or his or her
attorney. Such officer shall deliver the statement, at the time
of the prisoner’s commitment, to the superintendent of the
institution to which such prisoner has been committed. The
superintendent shall make such statement available for use
by the board. [2001 2nd sp.s. c 12 § 323; 1984 c 114 § 3;
1929 c 158 § 2; RRS § 10255.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.040 Terms fixed by board—Minimums for
certain cases. The board shall fix the duration of confinement for persons committed by the court before July 1,
1986, for crimes committed before July 1, 1984. Within six
months after the admission of the convicted person to a state
(2002 Ed.)
Indeterminate Sentences
correctional facility, the board shall fix the duration of
confinement. The term of imprisonment so fixed shall not
exceed the maximum provided by law for the offense of
which the person was convicted or the maximum fixed by
the court where the law does not provide for a maximum
term.
Subject to RCW 9.95.047, the following limitations are
placed on the board or the court for persons committed to a
state correctional facility on or after July 1, 1986, for crimes
committed before July 1, 1984, with regard to fixing the
duration of confinement in certain cases, notwithstanding any
provisions of law specifying a lesser sentence:
(1) For a person not previously convicted of a felony
but armed with a deadly weapon at the time of the commission of the offense, the duration of confinement shall not be
fixed at less than five years.
(2) For a person previously convicted of a felony either
in this state or elsewhere and who was armed with a deadly
weapon at the time of the commission of the offense, the
duration of confinement shall not be fixed at less than seven
and one-half years.
The words "deadly weapon," as used in this section
include, but are not limited to, any instrument known as a
blackjack, sling shot, billy, sand club, sandbag, metal
knuckles, any dirk, dagger, pistol, revolver, or any other
firearm, any knife having a blade longer than three inches,
any razor with an unguarded blade, any metal pipe or bar
used or intended to be used as a club, any explosive, and
any weapon containing poisonous or injurious gas.
(3) For a person convicted of being an habitual criminal
within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the
duration of confinement shall not be fixed at less than fifteen
years.
(4) Any person convicted of embezzling funds from any
institution of public deposit of which the person was an
officer or stockholder, the duration of confinement shall be
fixed at not less than five years.
Except when an inmate of a state correctional facility
has been convicted of murder in the first or second degree,
the board may parole an inmate prior to the expiration of a
mandatory minimum term, provided such inmate has
demonstrated a meritorious effort in rehabilitation and at
least two-thirds of the board members concur in such action:
PROVIDED, That any inmate who has a mandatory minimum term and is paroled prior to the expiration of such term
according to the provisions of this chapter shall not receive
a conditional release from supervision while on parole until
after the mandatory minimum term has expired.
An inmate serving a sentence fixed under this chapter,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the
secretary of corrections when authorized under *RCW
9.94A.728(4). [1999 c 324 § 4. Prior: 1993 c 144 § 4;
1993 c 140 § 1; 1992 c 7 § 24; 1986 c 224 § 9; 1975-’76
2nd ex.s. c 63 § 2; 1961 c 138 § 2; 1955 c 133 § 5; prior:
1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp. 1947
§ 10249-2, part.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1993 c 144: See note following RCW 9.95.045.
(2002 Ed.)
9.95.040
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
9.95.045 Abused victim—Reduction in sentence for
murder of abuser—Petition for review. (1) An inmate
convicted of murder may petition the indeterminate sentence
review board to review the inmate’s sentence if the petition
alleges the following:
(a) The inmate was sentenced for a murder committed
prior to July 23, 1989, which was the effective date of
section 1, chapter 408, Laws of 1989, as codified in *RCW
9.94A.535(1)(h). *RCW 9.94A.535(1)(h) provides that the
sentencing court may consider as a mitigating factor evidence that the defendant or the defendant’s children suffered
a continuing pattern of physical or sexual abuse by the
victim of the offense and the offense was a response to that
abuse;
(b) *RCW 9.94A.535(1)(h), if effective when the
defendant committed the crime, would have provided a basis
for the defendant to seek a mitigated sentence; and
(c) The sentencing court when determining what
sentence to impose, did not consider evidence that the victim
subjected the defendant or the defendant’s children to a
continuing pattern of sexual or physical abuse and the
murder was in response to that abuse.
(2) An inmate who seeks to have his or her sentence
reviewed under this section must petition the board for
review no later than October 1, 1993. The petition may be
by letter requesting review.
(3)(a) If the inmate was convicted of a murder committed prior to July 1, 1984, and the inmate is under the
jurisdiction of the indeterminate sentence review board, the
board shall conduct the review as provided in RCW
9.95.047. If the inmate was sentenced pursuant to chapter
9.94A RCW for a murder committed after June 30, 1984,
but before July 23, 1989, the board shall conduct the review
and may make appropriate recommendations to the sentencing court as provided in *RCW 9.94A.890. The board shall
complete its review of the petitions and submit recommendations to the sentencing courts or their successors by October
1, 1994.
(b) When reviewing petitions, the board shall solicit
recommendations from the prosecuting attorneys of the
counties where the petitioners were convicted, and shall
accept input from other interested parties. [1993 c 144 § 1.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1993 c 144: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 30, 1993]." [1993 c 144 § 7.]
9.95.047 Abused victim—Considerations of board
in reviewing petition. (1) If an inmate under the board’s
jurisdiction files a petition for review under RCW 9.95.045,
the board shall review the duration of the inmate’s confinement, including review of the minimum term and parole
eligibility review dates. The board shall consider whether:
(a) The petitioner was convicted for a murder committed
prior to the effective date of *RCW 9.94A.535(1)(h);
[Title 9 RCW—page 189]
9.95.047
Title 9 RCW: Crimes and Punishments
(b) *RCW 9.94A.535(1)(h), if effective when the
petitioner committed the crime, would have provided a basis
for the petitioner to seek a mitigated sentence; and
(c) The sentencing court and prosecuting attorney, when
making their minimum term recommendations, considered
evidence that the victim subjected the petitioner or the
petitioner’s children to a continuing pattern of sexual or
physical abuse and the murder was in response to that abuse.
(2) The board may reset the minimum term and parole
eligibility review date of a petitioner convicted of murder if
the board finds that had *RCW 9.94A.535(1)(h) been
effective when the petitioner committed the crime, the
petitioner may have received an exceptional mitigating
sentence. [1993 c 144 § 2.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—1993 c 144: See note following RCW 9.95.045.
9.95.052 Redetermination and refixing of minimum
term of confinement. At any time after the board (or the
court after July 1, 1986) has determined the minimum term
of confinement of any person subject to confinement in a
state correctional institution for a crime committed before
July 1, 1984, the board may request the superintendent of
such correctional institution to conduct a full review of such
person’s prospects for rehabilitation and report to the board
the facts of such review and the resulting findings. Upon
the basis of such report and such other information and
investigation that the board deems appropriate, the board
may redetermine and refix such convicted person’s minimum
term of confinement whether the term was set by the board
or the court.
The board shall not reduce a person’s minimum term of
confinement unless the board has received from the department of corrections all institutional conduct reports relating
to the person. [2001 2nd sp.s. c 12 § 324; 1986 c 224 § 10;
1983 c 196 § 1; 1972 ex.s. c 67 § 1.]
9.95.060 When sentence begins to run. When a
convicted person seeks appellate review of his or her
conviction and is at liberty on bond pending the determination of the proceeding by the supreme court or the court of
appeals, credit on his or her sentence will begin from the
date such convicted person is returned to custody. The date
of return to custody shall be certified to the department of
corrections, the indeterminate sentence review board, and the
prosecuting attorney of the county in which such convicted
person was convicted and sentenced, by the sheriff of such
county. If such convicted person does not seek review of
the conviction, but is at liberty for a period of time subsequent to the signing of the judgment and sentence, or
becomes a fugitive, credit on his sentence will begin from
the date such convicted person is returned to custody. The
date of return to custody shall be certified as provided in this
section. In all other cases, credit on a sentence will begin
from the date the judgment and sentence is signed by the
court. [1999 c 143 § 18; 1988 c 202 § 15; 1981 c 136 § 36;
1979 c 141 § 1; 1971 c 81 § 46; 1967 c 200 § 10; 1955 c
133 § 7. Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part;
Rem. Supp. § 10249-2, part.]
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 136: See RCW 72.09.900.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—Severability—1986 c 224: See notes following
RCW 9.95.001.
9.95.055 Reduction of sentences during war emergency. The indeterminate sentence review board is hereby
granted authority, in the event of a declaration by the governor that a war emergency exists, including a general
mobilization, and for the duration thereof only, to reduce
downward the minimum term, as set by the board, of any
inmate under the jurisdiction of the board confined in a state
correctional facility, who will be accepted by and inducted
into the armed services: PROVIDED, That a reduction
downward shall not be made under this section for those
inmates who are confined for treason, murder in the first
degree or carnal knowledge of a female child under ten
years: AND PROVIDED FURTHER, That no such inmate
shall be released under this section who is being considered
for civil commitment as a sexually violent predator under
chapter 71.09 RCW or was sentenced under RCW 9.94A.712
for a crime committed on or after July 1, 2001. [2001 2nd
sp.s. c 12 § 325; 1992 c 7 § 25; 1951 c 239 § 1.]
[Title 9 RCW—page 190]
9.95.062 Stay of judgment—When prohibited—
Credit for jail time pending appeal. (1) Notwithstanding
CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal
action shall not stay the execution of the judgment of
conviction, if the court determines by a preponderance of the
evidence that:
(a) The defendant is likely to flee or to pose a danger to
the safety of any other person or the community if the
judgment is stayed; or
(b) The delay resulting from the stay will unduly
diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable
trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of
the defendant’s financial ability to pay the financial obligations under the judgment or has not posted an adequate
performance bond to assure payment.
(2) An appeal by a defendant convicted of one of the
following offenses shall not stay execution of the judgment
of conviction: Rape in the first or second degree (RCW
9A.44.040 and 9A.44.050); rape of a child in the first,
second, or third degree (RCW 9A.44.073, 9A.44.076, and
9A.44.079); child molestation in the first, second, or third
degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual
misconduct with a minor in the first or second degree (RCW
9A.44.093 and 9A.44.096); indecent liberties (RCW
9A.44.100); incest (RCW 9A.64.020); luring (RCW
9A.40.090); any class A or B felony that is a sexually
motivated offense as defined in RCW 9.94A.030; a felony
violation of RCW 9.68A.090; or any offense that is, under
chapter 9A.28 RCW, a criminal attempt, solicitation, or
conspiracy to commit one of those offenses.
(2002 Ed.)
Indeterminate Sentences
(3) In case the defendant has been convicted of a felony,
and has been unable to obtain release pending the appeal by
posting an appeal bond, cash, adequate security, release on
personal recognizance, or any other conditions imposed by
the court, the time the defendant has been imprisoned
pending the appeal shall be deducted from the term for
which the defendant was sentenced, if the judgment is affirmed. [1996 c 275 § 9; 1989 c 276 § 1; 1969 ex.s. c 4 §
1; 1969 c 103 § 1; 1955 c 42 § 2. Prior: 1893 c 61 § 30;
RRS § 1745. Formerly RCW 10.73.030, part.]
Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 276 § 6.]
9.95.063 Conviction upon new trial—Former
imprisonment deductible. If a defendant who has been
imprisoned during the pendency of any post-trial proceeding
in any state or federal court shall be again convicted upon a
new trial resulting from any such proceeding, the period of
his former imprisonment shall be deducted by the superior
court from the period of imprisonment to be fixed on the last
verdict of conviction. [1971 ex.s. c 86 § 1; 1971 c 81 § 47;
1955 c 42 § 4. Prior: 1893 c 61 § 34; RRS § 1750.
Formerly RCW 10.73.070, part.]
9.95.064 Conditions of release. (1) In order to
minimize the trauma to the victim, the court may attach
conditions on release of an offender under RCW 9.95.062,
convicted of a crime committed before July 1, 1984, regarding the whereabouts of the defendant, contact with the
victim, or other conditions.
(2) Offenders released under RCW 9.95.420 are subject
to crime-related prohibitions and affirmative conditions
established by the court, the department of corrections, or the
board pursuant to RCW 9.94A.715 and 9.94A.712,
9.94A.713, 72.09.335, and 9.95.420 through 9.95.440. [2001
2nd sp.s. c 12 § 326; 1989 c 276 § 4.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—1989 c 276: See note following RCW 9.95.062.
9.95.070 Reductions for good behavior. (1) Every
prisoner, convicted of a crime committed before July 1,
1984, who has a favorable record of conduct at the penitentiary or the reformatory, and who performs in a faithful,
diligent, industrious, orderly and peaceable manner the work,
duties, and tasks assigned to him or her to the satisfaction of
the superintendent of the penitentiary or reformatory, and in
whose behalf the superintendent of the penitentiary or
reformatory files a report certifying that his or her conduct
and work have been meritorious and recommending allowance of time credits to him or her, shall upon, but not until,
the adoption of such recommendation by the indeterminate
sentence review board, be allowed time credit reductions
from the term of imprisonment fixed by the board.
(2) Offenders sentenced under RCW 9.94A.712 for a
crime committed on or after July 1, 2001, are subject to the
earned release provisions for sex offenders established in
(2002 Ed.)
9.95.062
*RCW 9.94A.728. [2001 2nd sp.s. c 12 § 327; 1999 c 143
§ 19; 1955 c 133 § 8. Prior: 1947 c 92 § 1, part; 1935 c
114 § 2, part; Rem. Supp. 1947 § 10249-2, part.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.080 Revocation and redetermination of minimum for infractions. In case any person convicted of a
crime committed before July 1, 1984, and under the jurisdiction of the indeterminate sentence review board undergoing
sentence in a state correctional institution commits any
infractions of the rules and regulations of the institution, the
board may revoke any order theretofore made determining
the length of time such convicted person shall be imprisoned,
including the forfeiture of all or a portion of credits earned
or to be earned, pursuant to the provisions of RCW 9.95.110,
and make a new order determining the length of time the
person shall serve, not exceeding the maximum penalty provided by law for the crime for which the person was
convicted, or the maximum fixed by the court. Such
revocation and redetermination shall not be had except upon
a hearing before the indeterminate sentence review board.
At such hearing the convicted person shall be present and
entitled to be heard and may present evidence and witnesses
in his or her behalf. [2001 2nd sp.s. c 12 § 328; 1992 c 7
§ 26; 1972 ex.s. c 68 § 1; 1961 c 106 § 1; 1955 c 133 § 9.
Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp.
1947 § 10249-2, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.090 Labor required. (1) The board shall require
of every able bodied offender confined in a state correctional
institution for a crime committed before July 1, 1984, as
many hours of faithful labor in each and every day during
his or her term of imprisonment as shall be prescribed by the
rules and regulations of the institution in which he or she is
confined.
(2) Offenders sentenced under RCW 9.94A.712 for
crimes committed on or after July 1, 2001, shall perform
work or other programming as required by the department of
corrections during their term of confinement. [2001 2nd
sp.s. c 12 § 329; 1999 c 143 § 20; 1955 c 133 § 10. Prior:
1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp. §
10249-2, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Labor by prisoners: Chapter 72.64 RCW.
9.95.100 Prisoner released on serving maximum
term. Any person convicted of a felony committed before
July 1, 1984, and undergoing sentence in a state correctional
institution, not sooner released under the provisions of this
chapter, shall, in accordance with the provisions of law, be
[Title 9 RCW—page 191]
9.95.100
Title 9 RCW: Crimes and Punishments
discharged from custody on serving the maximum punishment provided by law for the offense of which such person
was convicted, or the maximum term fixed by the court
where the law does not provide for a maximum term. The
board shall not, however, until his or her maximum term
expires, release a prisoner, unless in its opinion his or her
rehabilitation has been complete and he or she is a fit subject
for release. [2001 2nd sp.s. c 12 § 330; 1955 c 133 § 11.
Prior: (i) 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem.
Supp. 1947 § 10249-2, part. (ii) 1939 c 142 § 1, part; 1935
c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.110 Parole. (1) The board may permit an
offender convicted of a crime committed before July 1,
1984, to leave the buildings and enclosures of a state
correctional institution on parole, after such convicted person
has served the period of confinement fixed for him or her by
the board, less time credits for good behavior and diligence
in work: PROVIDED, That in no case shall an inmate be
credited with more than one-third of his or her sentence as
fixed by the board.
The board may establish rules and regulations under
which an offender may be allowed to leave the confines of
a state correctional institution on parole, and may return such
person to the confines of the institution from which he or
she was paroled, at its discretion.
(2) The board may permit an offender convicted of a
crime committed on or after July 1, 2001, and sentenced
under RCW 9.94A.712, to leave a state correctional institution on community custody according to the provisions
of RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420
through 9.95.440. The person may be returned to the institution following a violation of his or her conditions of
release to community custody pursuant to the hearing
provisions of RCW 9.95.435. [2001 2nd sp.s. c 12 § 331;
1999 c 143 § 21; 1955 c 133 § 12. Prior: 1939 c 142 § 1,
part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.115 Parole of life term prisoners—Crimes
committed before July 1, 1984. The indeterminate sentence
review board is hereby granted authority to parole any
person sentenced to the custody of the department of
corrections, under a mandatory life sentence for a crime
committed before July 1, 1984, except those persons sentenced to life without the possibility of parole. No such
person shall be granted parole unless the person has been
continuously confined therein for a period of twenty consecutive years less earned good time: PROVIDED, That no
such person shall be released under parole who is subject to
civil commitment as a sexually violent predator under
chapter 71.09 RCW. [2001 2nd sp.s. c 12 § 332; 1989 c
259 § 3; 1951 c 238 § 1.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
[Title 9 RCW—page 192]
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.116 Duration of confinement—Mandatory life
sentences—Crimes committed before July 1, 1984. (1)
The board shall fix the duration of confinement for persons
committed to the custody of the department of corrections
under a mandatory life sentence for a crime or crimes
committed before July 1, 1984. However, no duration of
confinement shall be fixed for those persons committed
under a life sentence without the possibility of parole.
The duration of confinement for persons covered by this
section shall be fixed no later than July 1, 1992, or within
six months after the admission or readmission of the convicted person to the custody of the department of corrections,
whichever is later.
(2) Prior to fixing a duration of confinement under this
section, the board shall request from the sentencing judge
and the prosecuting attorney an updated statement in
accordance with RCW 9.95.030. In addition to the report
and recommendations of the prosecuting attorney and
sentencing judge, the board shall also consider any victim
impact statement submitted by a victim, survivor, or a
representative, and any statement submitted by an investigative law enforcement officer. The board shall provide the
convicted person with copies of any new statement and an
opportunity to comment thereon prior to fixing the duration
of confinement. [1989 c 259 § 2.]
9.95.117 Parolees subject to supervision of department of corrections—Progress reports. See RCW
72.04A.080.
9.95.119 Plans and recommendations for conditions
of supervision of parolees. See RCW 72.04A.070.
9.95.120 Suspension, revision of parole—
Community corrections officers—Hearing—Retaking
violators—Reinstatement. Whenever the board or a
community corrections officer of this state has reason to
believe a person convicted of a crime committed before July
1, 1984, has breached a condition of his or her parole or
violated the law of any state where he or she may then be or
the rules and regulations of the board, any community
corrections officer of this state may arrest or cause the arrest
and detention and suspension of parole of such convicted
person pending a determination by the board whether the
parole of such convicted person shall be revoked. All facts
and circumstances surrounding the violation by such convicted person shall be reported to the board by the community
corrections officer, with recommendations. The board, after
consultation with the secretary of corrections, shall make all
rules and regulations concerning procedural matters, which
shall include the time when state community corrections
officers shall file with the board reports required by this
section, procedures pertaining thereto and the filing of such
information as may be necessary to enable the board to perform its functions under this section. On the basis of the
report by the community corrections officer, or at any time
upon its own discretion, the board may revise or modify the
conditions of parole or order the suspension of parole by the
(2002 Ed.)
Indeterminate Sentences
issuance of a written order bearing its seal, which order shall
be sufficient warrant for all peace officers to take into
custody any convicted person who may be on parole and
retain such person in their custody until arrangements can be
made by the board for his or her return to a state correctional institution for convicted felons. Any such revision or
modification of the conditions of parole or the order suspending parole shall be personally served upon the parolee.
Any parolee arrested and detained in physical custody
by the authority of a state community corrections officer, or
upon the written order of the board, shall not be released
from custody on bail or personal recognizance, except upon
approval of the board and the issuance by the board of an
order of reinstatement on parole on the same or modified
conditions of parole.
All chiefs of police, marshals of cities and towns,
sheriffs of counties, and all police, prison, and peace officers
and constables shall execute any such order in the same
manner as any ordinary criminal process.
Whenever a paroled prisoner is accused of a violation
of his or her parole, other than the commission of, and
conviction for, a felony or misdemeanor under the laws of
this state or the laws of any state where he or she may then
be, he or she shall be entitled to a fair and impartial hearing
of such charges within thirty days from the time that he or
she is served with charges of the violation of conditions of
parole after his or her arrest and detention. The hearing
shall be held before one or more members of the board at a
place or places, within this state, reasonably near the site of
the alleged violation or violations of parole.
In the event that the board suspends a parole by reason
of an alleged parole violation or in the event that a parole is
suspended pending the disposition of a new criminal charge,
the board shall have the power to nullify the order of
suspension and reinstate the individual to parole under
previous conditions or any new conditions that the board
may determine advisable. Before the board shall nullify an
order of suspension and reinstate a parole they shall have
determined that the best interests of society and the individual shall best be served by such reinstatement rather than a
return to a penal institution. [2001 2nd sp.s. c 12 § 333;
1999 c 143 § 22; 1981 c 136 § 37; 1979 c 141 § 2; 1969 c
98 § 2; 1961 c 106 § 2; 1955 c 133 § 13. Prior: 1939 c
142 § 1, part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1969 c 98: "If any provision of this act, or its
application to any person or circumstance is invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is
not affected." [1969 c 98 § 10.]
Effective date—1969 c 98: "This act shall take effect on July 1,
1969." [1969 c 98 § 11.]
Violations of parole or probation—Revision of parole conditions—
Rearrest—Detention: RCW 72.04A.090.
9.95.121 On-site revocation hearing—Procedure
when waived. (1) For offenders convicted of crimes
committed before July 1, 1984, within fifteen days from the
date of notice to the department of corrections of the arrest
(2002 Ed.)
9.95.120
and detention of the alleged parole violator, he or she shall
be personally served by a state community corrections
officer with a copy of the factual allegations of the violation
of the conditions of parole, and, at the same time shall be
advised of his or her right to an on-site parole revocation
hearing and of his or her rights and privileges as provided in
RCW 9.95.120 through 9.95.126. The alleged parole
violator, after service of the allegations of violations of the
conditions of parole and the advice of rights may waive the
on-site parole revocation hearing as provided in RCW
9.95.120, and admit one or more of the alleged violations of
the conditions of parole. If the board accepts the waiver it
shall either, (a) reinstate the parolee on parole under the
same or modified conditions, or (b) revoke the parole of the
parolee and enter an order of parole revocation and return to
state custody. A determination of a new minimum sentence
shall be made within thirty days of return to state custody
which shall not exceed the maximum sentence as provided
by law for the crime of which the parolee was originally
convicted or the maximum fixed by the court.
If the waiver made by the parolee is rejected by the
board it shall hold an on-site parole revocation hearing under
the provisions of RCW 9.95.120 through 9.95.126.
(2) Offenders sentenced under RCW 9.94A.712 are
subject to the violation hearing process established in RCW
9.95.435. [2001 2nd sp.s. c 12 § 334; 1981 c 136 § 38;
1979 c 141 § 3; 1969 c 98 § 3.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.122
On-site revocation hearing—
Representation for alleged violators—Compensation. (1)
At any on-site parole revocation hearing for a person
convicted of a crime committed before July 1, 1984, the
alleged parole violator shall be entitled to be represented by
an attorney of his or her own choosing and at his or her own
expense, except, upon the presentation of satisfactory
evidence of indigency and the request for the appointment of
an attorney by the alleged parole violator, the board may
cause the appointment of an attorney to represent the alleged
parole violator to be paid for at state expense, and, in
addition, the board may assume all or such other expenses
in the presentation of evidence on behalf of the alleged
parole violator as it may have authorized: PROVIDED, That
funds are available for the payment of attorneys’ fees and
expenses. Attorneys for the representation of alleged parole
violators in on-site hearings shall be appointed by the
superior courts for the counties wherein the on-site parole
revocation hearing is to be held and such attorneys shall be
compensated in such manner and in such amount as shall be
fixed in a schedule of fees adopted by rule of the board.
(2) The rights of offenders sentenced under RCW
9.94A.712 are defined in RCW 9.95.435. [2001 2nd sp.s. c
12 § 335; 1999 c 143 § 23; 1969 c 98 § 4.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
[Title 9 RCW—page 193]
9.95.122
Title 9 RCW: Crimes and Punishments
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.123 On-site revocation hearing—Conduct—
Witnesses—Subpoenas, enforcement. In conducting onsite parole or community custody revocation hearings or
community custody violations hearings, the board shall have
the authority to administer oaths and affirmations, examine
witnesses, receive evidence, and issue subpoenas for the
compulsory attendance of witnesses and the production of
evidence for presentation at such hearings. Subpoenas
issued by the board shall be effective throughout the state.
Witnesses in attendance at any on-site parole or community
custody revocation hearing shall be paid the same fees and
allowances, in the same manner and under the same conditions as provided for witnesses in the courts of the state in
accordance with chapter 2.40 RCW. If any person fails or
refuses to obey a subpoena issued by the board, or obeys the
subpoena but refuses to testify concerning any matter under
examination at the hearing, the board may petition the
superior court of the county where the hearing is being
conducted for enforcement of the subpoena: PROVIDED,
That an offer to pay statutory fees and mileage has been
made to the witness at the time of the service of the subpoena. The petition shall be accompanied by a copy of the
subpoena and proof of service, and shall set forth in what
specific manner the subpoena has not been complied with,
and shall ask an order of the court to compel the witness to
appear and testify before the board. The court, upon such
petition, shall enter an order directing the witness to appear
before the court at a time and place to be fixed in such order
and then and there to show cause why he or she has not
responded to the subpoena or has refused to testify. A copy
of the order shall be served upon the witness. If it appears
to the court that the subpoena was properly issued and that
the particular questions which the witness refuses to answer
are reasonable and relevant, the court shall enter an order
that the witness appear at the time and place fixed in the
order and testify or produce the required papers, and on
failing to obey the order, the witness shall be dealt with as
for contempt of court. [2001 2nd sp.s. c 12 § 336; 1999 c
143 § 24; 1969 c 98 § 5.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.124 On-site revocation hearing—Attorney
general’s recommendations—Procedural rules. At all
on-site parole revocation hearings for offenders convicted of
crimes committed before July 1, 1984, the community
corrections officers of the department of corrections, having
made the allegations of the violations of the conditions of
parole, may be represented by the attorney general. The
attorney general may make independent recommendations to
the board about whether the violations constitute sufficient
cause for the revocation of the parole and the return of the
parolee to a state correctional institution for convicted felons.
[Title 9 RCW—page 194]
The hearings shall be open to the public unless the board for
specifically stated reasons closes the hearing in whole or in
part. The hearings shall be recorded either manually or by
a mechanical recording device. An alleged parole violator
may be requested to testify and any such testimony shall not
be used against him or her in any criminal prosecution. The
board shall adopt rules governing the formal and informal
procedures authorized by this chapter and make rules of
practice before the board in on-site parole revocation
hearings, together with forms and instructions. [2001 2nd
sp.s. c 12 § 337; 1999 c 143 § 25; 1983 c 196 § 2; 1981 c
136 § 39; 1979 c 141 § 4; 1969 c 98 § 6.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.125 On-site parole revocation hearing—
Board’s decision—Reinstatement or revocation of parole.
After the on-site parole revocation hearing for a person
convicted of a crime committed before July 1, 1984, has
been concluded, the members of the board having heard the
matter shall enter their decision of record within ten days,
and make findings and conclusions upon the allegations of
the violations of the conditions of parole. If the member, or
members having heard the matter, should conclude that the
allegations of violation of the conditions of parole have not
been proven by a preponderance of the evidence, or, those
which have been proven by a preponderance of the evidence
are not sufficient cause for the revocation of parole, then the
parolee shall be reinstated on parole on the same or modified
conditions of parole. For parole violations not resulting in
new convictions, modified conditions of parole may include
sanctions according to an administrative sanction grid. If the
member or members having heard the matter should conclude that the allegations of violation of the conditions of
parole have been proven by a preponderance of the evidence
and constitute sufficient cause for the revocation of parole,
then such member or members shall enter an order of parole
revocation and return the parole violator to state custody.
Within thirty days of the return of such parole violator to a
state correctional institution the board shall enter an order
determining a new minimum term not exceeding the maximum penalty provided by law for the crime for which the
parole violator was originally convicted or the maximum
fixed by the court. [2001 2nd sp.s. c 12 § 338; 1993 c 140
§ 2; 1969 c 98 § 7.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.126 On-site revocation hearing—Cooperation
in providing facilities. All officers and employees of the
state, counties, cities and political subdivisions of this state
shall cooperate with the board in making available suitable
facilities for conducting parole or community custody
(2002 Ed.)
Indeterminate Sentences
revocation hearings. [2001 2nd sp.s. c 12 § 339; 1969 c 98
§ 8.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—Effective date—1969 c 98: See notes following RCW
9.95.120.
9.95.130 Parole-revoked offender as escapee. From
and after the suspension, cancellation, or revocation of the
parole of any offender convicted of a crime committed
before July 1, 1984, and until his or her return to custody the
offender shall be deemed an escapee and a fugitive from justice. The indeterminate sentence review board may deny
credit against the maximum sentence any time during which
he or she is an escapee and fugitive from justice. [2001 2nd
sp.s. c 12 § 340; 1993 c 140 § 3; 1955 c 133 § 14. Prior:
1939 c 142 § 1, part; 1935 c 114 § 4, part; RRS § 10249-4,
part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.140 Record of parolees—Privacy—Sexual
offender information release—Immunity from liability—
Cooperation by officials and employees. (1) The board
shall cause a complete record to be kept of every prisoner
under the jurisdiction of the board released on parole or
community custody. Such records shall be organized in accordance with the most modern methods of filing and
indexing so that there will be always immediately available
complete information about each such prisoner. Subject to
information sharing provisions related to mentally ill
offenders, the end of sentence review committee, and the
department of corrections, the board may make rules as to
the privacy of such records and their use by others than the
board and its staff. Sex offenders convicted of crimes
committed before July 1, 1984, who are under the board’s
jurisdiction shall be subject to the determinations of the end
of sentence review committee regarding risk level and
subject to sex offender registration and community notification. The board shall be immune from liability for the
release of information concerning sex offenders as provided
in RCW 4.24.550.
The superintendents of state correctional facilities and
all officers and employees thereof and all other public
officials shall at all times cooperate with the board and
furnish to the board, its officers, and employees such
information as may be necessary to enable it to perform its
functions, and such superintendents and other employees
shall at all times give the members of the board, its officers,
and employees free access to all prisoners confined in the
state correctional facilities.
(2) Offenders sentenced under RCW 9.94A.712 shall be
subject to the determinations of the end of sentence review
committee regarding risk level and subject to sex offender
registration and community notification.
(3) The end of sentence review committee shall make
law enforcement notifications for offenders under board
jurisdiction on the same basis that it notifies law enforce(2002 Ed.)
9.95.126
ment regarding offenders sentenced under chapter 9.94A
RCW for crimes committed after July 1, 1984. [2001 2nd
sp.s. c 12 § 341; 1992 c 7 § 27; 1990 c 3 § 126; 1955 c 133
§ 15. Prior: 1939 c 142 § 1, part; 1935 c 114 § 4, part;
RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Washington state patrol, identification, child abuse, vulnerable adult abuse,
and criminal history section: RCW 43.43.700 through 43.43.765.
9.95.150 Rules and regulations. The board shall
make all necessary rules and regulations to carry out the
provisions of this chapter not inconsistent therewith, and may
provide the forms of all documents necessary therefor.
[1999 c 143 § 26; 1955 c 133 § 16. Prior: 1939 c 142 § 1,
part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
9.95.155 Rule making regarding sex offenders. See
RCW 72.09.337.
9.95.160 Governor’s powers not affected—
Revocation of paroles granted by board. This chapter
shall not limit or circumscribe the powers of the governor to
commute the sentence of, or grant a pardon to, any convicted
person, and the governor may cancel or revoke the parole
granted to any convicted person by the board. The written
order of the governor canceling or revoking such parole shall
have the same force and effect and be executed in like
manner as an order of the board. [1999 c 143 § 27; 1955 c
133 § 17. Prior: 1939 c 142 § 1, part; 1935 c 114 § 4, part;
RRS § 10249-4, part.]
9.95.170 Board to inform itself as to each convict—
Records from department of corrections. To assist it in
fixing the duration of a convicted person’s term of confinement, and in fixing the condition for release from
custody on parole, it shall not only be the duty of the board
to thoroughly inform itself as to the facts of such convicted
person’s crime but also to inform itself as thoroughly as
possible as to such convict as a personality. The department
of corrections and the institutions under its control shall
make available to the board on request its case investigations, any file or other record, in order to assist the board in
developing information for carrying out the purpose of this
section. [1999 c 143 § 28; 1981 c 136 § 40; 1979 c 141 §
5; 1967 c 134 § 13; 1935 c 114 § 3; RRS § 10249-3.]
Effective date—1981 c 136: See RCW 72.09.900.
9.95.190 Application of RCW 9.95.010 through
9.95.170 to inmates previously committed. The provisions
of RCW 9.95.010 through 9.95.170, inclusive, shall apply to
all convicted persons serving time in a state correctional
facility for crimes committed before July 1, 1984, to the end
that at all times the same provisions relating to sentences,
imprisonments, and paroles of prisoners shall apply to all
inmates thereof. [2001 2nd sp.s. c 12 § 342; 1992 c 7 § 28;
1983 c 3 § 10; 1955 c 133 § 18. Prior: (i) 1939 c 142 § 1,
[Title 9 RCW—page 195]
9.95.190
Title 9 RCW: Crimes and Punishments
part; 1935 c 114 § 4, part; RRS § 10249-4, part. (ii) 1947
c 92 § 2, part; Rem. Supp. 1947 § 10249-2a, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.195 Final discharge of parolee—Restoration of
civil rights—Governor’s pardoning power not affected.
See RCW 9.96.050.
9.95.200 Probation by court—Investigation by
secretary of corrections. After conviction by plea or
verdict of guilty of any crime, the court upon application or
its own motion, may summarily grant or deny probation, or
at a subsequent time fixed may hear and determine, in the
presence of the defendant, the matter of probation of the
defendant, and the conditions of such probation, if granted.
The court may, in its discretion, prior to the hearing on the
granting of probation, refer the matter to the secretary of
corrections or such officers as the secretary may designate
for investigation and report to the court at a specified time,
upon the circumstances surrounding the crime and concerning the defendant, his prior record, and his family surroundings and environment. [1981 c 136 § 41; 1979 c 141 § 6;
1967 c 134 § 15; 1957 c 227 § 3. Prior: 1949 c 59 § 1;
1939 c 125 § 1, part; 1935 c 114 § 5; Rem. Supp. 1949 §
10249-5a.]
Rules of court: ER 410.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: "If any section or provision of this act
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of this act as a whole, or of any section, provision or
part thereof not adjudged invalid or unconstitutional." [1939 c 125 § 3 p
356.]
Suspending sentences: RCW 9.92.060.
9.95.204 Misdemeanant probation services—County
supervision. (1) When a superior court places a defendant
convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or
9.95.210, the department of corrections has initial responsibility for supervision of that defendant.
(2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross
misdemeanor and sentenced to probation by a superior court.
The assumption of responsibility shall be made by contract
with the department of corrections on a biennial basis.
(3) If a county assumes supervision responsibility, the
county shall supervise all superior court misdemeanant
probationers within that county for the duration of the
biennium, as set forth in the contract with the department of
corrections.
(4) A contract between a county legislative authority and
the department of corrections for the transfer of supervision
responsibility must include, at a minimum, the following
provisions:
(a) The county’s agreement to supervise all misdemeanant probationers who are sentenced by a superior court
within that county and who reside within that county;
[Title 9 RCW—page 196]
(b) A reciprocal agreement regarding the supervision of
superior court misdemeanant probationers sentenced in one
county but who reside in another county;
(c) The county’s agreement to comply with the minimum standards for classification and supervision of offenders
as required under RCW 9.95.206;
(d) The amount of funds available from the department
of corrections to the county for supervision of superior court
misdemeanant probationers, calculated according to a
formula established by the department of corrections;
(e) A method for the payment of funds by the department of corrections to the county;
(f) The county’s agreement that any funds received by
the county under the contract will be expended only to cover
costs of supervision of superior court misdemeanant probationers;
(g) The county’s agreement to account to the department
of corrections for the expenditure of all funds received under
the contract and to submit to audits for compliance with the
supervision standards and financial requirements of this
section;
(h) Provisions regarding rights and remedies in the event
of a possible breach of contract or default by either party;
and
(i) Provisions allowing for voluntary termination of the
contract by either party, with good cause, after sixty days’
written notice.
(5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that
county. In such an event, the department of corrections
retains any and all rights and remedies available by law and
under the contract.
(6) The state of Washington, the department of corrections and its employees, community corrections officers, and
volunteers who assist community corrections officers are not
liable for any harm caused by the actions of a superior court
misdemeanant probationer who is under the supervision of
a county. A county, its probation department and employees, probation officers, and volunteers who assist probation
officers are not liable for any harm caused by the actions of
a superior court misdemeanant probationer who is under the
supervision of the department of corrections. This subsection applies regardless of whether the supervising entity is in
compliance with the standards of supervision at the time of
the misdemeanant probationer’s actions.
(7) The state of Washington, the department of corrections and its employees, community corrections officers, any
county under contract with the department of corrections
pursuant to this section and its employees, probation officers,
and volunteers who assist community corrections officers
and probation officers in the superior court misdemeanant
probation program are not liable for civil damages resulting
from any act or omission in the rendering of superior court
misdemeanant probation activities unless the act or omission
constitutes gross negligence. For purposes of this section,
"volunteers" is defined according to RCW 51.12.035. [1996
c 298 § 1.]
(2002 Ed.)
Indeterminate Sentences
9.95.206 Misdemeanant probation services—
Offender classification system—Supervision standards.
(1) Probation supervision of misdemeanant offenders
sentenced in a superior court must be based upon an offender classification system and supervision standards.
(2) Any entity under contract with the department of
corrections pursuant to RCW 9.95.204 shall establish and
maintain a classification system that:
(a) Provides for a standardized assessment of offender
risk;
(b) Differentiates between higher and lower risk
offenders based on criminal history and current offense;
(c) Assigns cases to a level of supervision based on
assessed risk;
(d) Provides, at a minimum, three levels of supervision;
(e) Provides for periodic review of an offender’s
classification level during the term of supervision; and
(f) Structures the discretion and decision making of
supervising officers.
(3) Any entity under contract with the department of
corrections pursuant to RCW 9.95.204 may establish and
maintain supervision standards that:
(a) Identify the frequency and nature of offender contact
within each of at least three classification levels;
(b) Provide for a minimum of one face-to-face contact
each month with offenders classified at the highest level of
risk;
(c) Provide for a minimum of one personal contact per
quarter for lower-risk offenders;
(d) Provide for specific reporting requirements for
offenders within each level of the classification system;
(e) Assign higher-risk offenders to staff trained to deal
with higher-risk offenders;
(f) Verify compliance with sentence conditions imposed
by the court; and
(g) Report to the court violations of sentence conditions
as appropriate.
(4) Under no circumstances may an entity under
contract with the department of corrections pursuant to RCW
9.95.204 establish or maintain supervision that is less
stringent than that offered by the department.
(5) The minimum supervision standards established and
maintained by the department of corrections shall provide for
no less than one contact per quarter for misdemeanant
probationers under its jurisdiction. The contact shall be a
personal interaction accomplished either face-to-face or by
telephone, unless the department finds that the individual
circumstances of the offender do not require personal
interaction to meet the objectives of the supervision. The
circumstances under which the department may find that an
offender does not require personal interaction are limited to
the following: (a) The offender has no special conditions or
crime-related prohibitions imposed by the court other than
legal financial obligations; and (b) the offender poses
minimal risk to public safety.
(6) The classification system and supervision standards
must be established and met within the resources available
as provided for by the legislature and the cost of supervision
assessments collected, and may be enhanced by funds otherwise generated by the supervising entity. [1996 c 298 § 2.]
(2002 Ed.)
9.95.206
9.95.210 Conditions of probation. (1) In granting
probation, the superior court may suspend the imposition or
the execution of the sentence and may direct that the
suspension may continue upon such conditions and for such
time as it shall designate, not exceeding the maximum term
of sentence or two years, whichever is longer.
(2) In the order granting probation and as a condition
thereof, the superior court may in its discretion imprison the
defendant in the county jail for a period not exceeding one
year and may fine the defendant any sum not exceeding the
statutory limit for the offense committed, and court costs.
As a condition of probation, the superior court shall require
the payment of the penalty assessment required by RCW
7.68.035. The superior court may also require the defendant
to make such monetary payments, on such terms as it deems
appropriate under the circumstances, as are necessary: (a)
To comply with any order of the court for the payment of
family support; (b) to make restitution to any person or
persons who may have suffered loss or damage by reason of
the commission of the crime in question or when the
offender pleads guilty to a lesser offense or fewer offenses
and agrees with the prosecutor’s recommendation that the
offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea
agreement; (c) to pay such fine as may be imposed and court
costs, including reimbursement of the state for costs of
extradition if return to this state by extradition was required;
(d) following consideration of the financial condition of the
person subject to possible electronic monitoring, to pay for
the costs of electronic monitoring if that monitoring was
required by the court as a condition of release from custody
or as a condition of probation; (e) to contribute to a county
or interlocal drug fund; and (f) to make restitution to a
public agency for the costs of an emergency response under
RCW 38.52.430, and may require bonds for the faithful
observance of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases
where the victim is entitled to benefits under the crime
victims’ compensation act, chapter 7.68 RCW. If the
superior court does not order restitution and the victim of the
crime has been determined to be entitled to benefits under
the crime victims’ compensation act, the department of labor
and industries, as administrator of the crime victims’
compensation program, may petition the superior court
within one year of imposition of the sentence for entry of a
restitution order. Upon receipt of a petition from the
department of labor and industries, the superior court shall
hold a restitution hearing and shall enter a restitution order.
(4) In granting probation, the superior court may order
the probationer to report to the secretary of corrections or
such officer as the secretary may designate and as a condition of the probation to follow the instructions of the
secretary. If the county legislative authority has elected to
assume responsibility for the supervision of superior court
misdemeanant probationers within its jurisdiction, the
superior court misdemeanant probationer shall report to a
probation officer employed or contracted for by the county.
In cases where a superior court misdemeanant probationer is
sentenced in one county, but resides within another county,
there must be provisions for the probationer to report to the
[Title 9 RCW—page 197]
9.95.210
Title 9 RCW: Crimes and Punishments
agency having supervision responsibility for the
probationer’s county of residence.
(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the
officer supervising the probationer shall make a reasonable
effort to ascertain whether restitution has been made. If the
superior court has ordered supervision and restitution has not
been made as ordered, the officer shall inform the prosecutor
of that violation of the terms of probation not less than three
months prior to the termination of the probation period. The
secretary of corrections will promulgate rules and regulations
for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions
as the secretary performs in regard to probation may be
performed by probation officers employed for that purpose
by the county legislative authority of the county wherein the
court is located. [1996 c 298 § 3; 1995 1st sp.s. c 19 § 29;
1995 c 33 § 6; 1993 c 251 § 3; 1992 c 86 § 1; 1987 c 202
§ 146; 1984 c 46 § 1; 1983 c 156 § 4; 1982 1st ex.s. c 47 §
10; 1982 1st ex.s. c 8 § 5; 1981 c 136 § 42; 1980 c 19 § 1.
Prior: 1979 c 141 § 7; 1979 c 29 § 2; 1969 c 29 § 1; 1967
c 200 § 8; 1967 c 134 § 16; 1957 c 227 § 4; prior: 1949 c
77 § 1; 1939 c 125 § 1, part; Rem. Supp. 1949 § 10249-5b.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Intent—Reports—1982 1st ex.s. c 8: See note following RCW
7.68.035.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: See note following RCW 9.95.200.
Restitution
alternative to fine: RCW 9A.20.030.
condition to suspending sentence: RCW 9.92.060.
disposition when victim not found or dead: RCW 7.68.290.
Termination of suspended sentence, restoration of civil rights: RCW
9.92.066.
Violations of probation conditions, rearrest, detention: RCW 72.04A.090.
9.95.220 Violation of probation—Rearrest—
Imprisonment. Whenever the state parole officer or other
officer under whose supervision the probationer has been
placed shall have reason to believe such probationer is
violating the terms of his probation, or engaging in criminal
practices, or is abandoned to improper associates, or living
a vicious life, he shall cause the probationer to be brought
before the court wherein the probation was granted. For this
purpose any peace officer or state parole officer may rearrest
any such person without warrant or other process. The court
may thereupon in its discretion without notice revoke and
terminate such probation. In the event the judgment has
been pronounced by the court and the execution thereof
suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the
defendant shall be delivered to the sheriff to be transported
to the penitentiary or reformatory as the case may be. If the
judgment has not been pronounced, the court shall pronounce
judgment after such revocation of probation and the defendant shall be delivered to the sheriff to be transported to the
penitentiary or reformatory, in accordance with the sentence
imposed. [1957 c 227 § 5. Prior: 1939 c 125 § 1, part;
RRS § 10249-5c.]
9.95.212 Standards for supervision of misdemeanant probationers. The Washington state law and justice
advisory council, appointed under RCW 72.09.300(7), shall
by October 1, 1995, develop proposed standards for the
supervision of misdemeanant probationers sentenced by
superior courts under RCW 9.92.060 or 9.95.210. In
developing the standards, the council shall consider realistic
current funding levels or reasonable expansions thereof, the
recommendations of the department of corrections, county
probation departments, superior and district court judges, and
the misdemeanant corrections association. The supervision
standards shall establish classifications of misdemeanant
probationers based upon the seriousness of the offense, the
perceived risks to the community, and other relevant factors.
The standards may provide discretion to officials supervising
misdemeanant probationers to adjust the supervision standards, for good cause, based upon individual circumstances
surrounding the probationer. The supervision standards shall
include provisions for reciprocal supervision of offenders
who are sentenced in counties other than their counties of
residence. [1998 c 245 § 2; 1995 1st sp.s. c 19 § 31.]
[Title 9 RCW—page 198]
9.95.214 Assessment for supervision of misdemeanant probationers. Whenever a defendant convicted of
a misdemeanor or gross misdemeanor is placed on probation
under RCW 9.92.060 or 9.95.210, and the defendant is
supervised by the department of corrections or a county
probation department, the department or county probation
department may assess and collect from the defendant for the
duration of the term of supervision a monthly assessment not
to exceed one hundred dollars per month. This assessment
shall be paid to the agency supervising the defendant and
shall be applied, along with funds appropriated by the
legislature, toward the payment or part payment of the cost
of supervising the defendant. [1996 c 298 § 4; 1995 1st
sp.s. c 19 § 32.]
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
9.95.215 Counties may provide probation and
parole services. See RCW 36.01.070.
Severability—1939 c 125: See note following RCW 9.95.200.
9.95.230 Court revocation or termination of probation. The court shall have authority at any time prior to the
entry of an order terminating probation to (1) revoke,
modify, or change its order of suspension of imposition or
execution of sentence; (2) it may at any time, when the ends
of justice will be subserved thereby, and when the reformation of the probationer shall warrant it, terminate the period
of probation, and discharge the person so held. [1982 1st
ex.s. c 47 § 11; 1957 c 227 § 6. Prior: 1939 c 125 § 1,
part; RRS § 10249-5d.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Severability—1939 c 125: See note following RCW 9.95.200.
(2002 Ed.)
Indeterminate Sentences
9.95.240 Dismissal of information or indictment
after probation completed. Every defendant who has
fulfilled the conditions of his probation for the entire period
thereof, or who shall have been discharged from probation
prior to the termination of the period thereof, may at any
time prior to the expiration of the maximum period of
punishment for the offense for which he has been convicted
be permitted in the discretion of the court to withdraw his
plea of guilty and enter a plea of not guilty, or if he has
been convicted after a plea of not guilty, the court may in its
discretion set aside the verdict of guilty; and in either case,
the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be
released from all penalties and disabilities resulting from the
offense or crime of which he has been convicted. The
probationer shall be informed of this right in his probation
papers: PROVIDED, That in any subsequent prosecution,
for any other offense, such prior conviction may be pleaded
and proved, and shall have the same effect as if probation
had not been granted, or the information or indictment dismissed. [1957 c 227 § 7. Prior: 1939 c 125 § 1, part; RRS
§ 10249-5e.]
Severability—1939 c 125: See note following RCW 9.95.200.
Gambling commission—Denial, suspension, or revocation of license,
permit—Other provisions not applicable: RCW 9.46.075.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
State lottery commission—Denial, suspension, and revocation of licenses—
Other provisions not applicable: RCW 67.70.090.
9.95.250 Community corrections officers. In order
to carry out the provisions of this chapter 9.95 RCW the
parole officers working under the supervision of the secretary of corrections shall be known as community corrections
officers. [2001 2nd sp.s. c 12 § 343; 1981 c 136 § 43; 1979
c 141 § 8; 1967 c 134 § 17; 1957 c 227 § 8. Prior: 1939
c 125 § 1, part; RRS § 10249-5f.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1939 c 125: See note following RCW 9.95.200.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
9.95.260 Indeterminate sentence review board—
Supervision of conditionally pardoned persons—Hearing.
(1) The indeterminate sentence review board shall, when
requested by the governor, pass on the representations made
in support of applications for pardons for convicted persons
and make recommendations thereon to the governor.
(2) It will be the duty of the secretary of corrections to
exercise supervision over such convicted persons as have
been conditionally pardoned by the governor, to the end that
such persons shall faithfully comply with the conditions of
such pardons. The indeterminate sentence review board
shall also pass on any representations made in support of
applications for restoration of civil rights of convicted
persons, and make recommendations to the governor. The
department of corrections shall prepare materials and make
investigations requested by the indeterminate sentence review
board in order to assist the board in passing on the represen(2002 Ed.)
9.95.240
tations made in support of applications for pardon or for the
restoration of civil rights.
(3) The board shall make no recommendations to the
governor in support of an application for pardon until a
public hearing has been held under this section or *RCW
9.94A.885(3) upon the application. The prosecuting attorney
of the county where the conviction was obtained shall be
notified at least thirty days prior to the scheduled hearing
that an application for pardon has been filed and the date
and place at which the hearing on the application for pardon
will be held. The board may waive the thirty-day notice
requirement in cases where it determines that waiver is
necessary to permit timely action on the petition. A copy of
the application for pardon shall be sent to the prosecuting
attorney. The prosecuting attorney shall make reasonable
efforts to notify victims, survivors of victims, witnesses, and
the law enforcement agency or agencies that conducted the
investigation of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses
receiving this notice are confidential and shall not be
available to the offender. The board shall consider written,
oral, audio, or videotaped statements regarding the application for pardon received, personally or by representation,
from the individuals who receive notice pursuant to this
section. This subsection is intended solely for the guidance
of the board. Nothing in this section is intended or may be
relied upon to create a right or benefit, substantive or
procedural, enforceable at law by any person. [1999 c 323
§ 4; 1999 c 143 § 29; 1981 c 136 § 44; 1979 c 141 § 9;
1967 c 134 § 14; 1935 c 114 § 7; RRS § 10249-7.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 1999 c 143 § 29 and by 1999 c 323
§ 4, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Intent—1999 c 323: See note following RCW 9.94A.885.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.265 Report to governor and legislature. The
board shall transmit to the governor and to the legislature, as
often as the governor may require it, a report of its work, in
which shall be given such information as may be relevant.
[1999 c 143 § 30; 1977 c 75 § 5; 1955 c 340 § 11. Prior:
1945 c 155 § 1, part; 1935 c 114 § 8, part; Rem. Supp. 1945
§ 10249-8, part. Formerly RCW 43.67.040.]
9.95.267 Transfer of certain powers and duties of
board to secretary of corrections. See RCW 72.04A.050.
9.95.270 Compacts for out-of-state supervision of
parolees or probationers—Uniform act. The governor of
this state is hereby authorized to execute a compact on
behalf of the state of Washington with any of the United
States legally joining therein in the form substantially as
follows:
A compact entered into by and among the contracting
states, signatories hereto, with the consent of the congress of
the United States of America, granted by an act entitled "An
Act granting the consent of congress to any two or more
states to enter into agreements or compacts for cooperative
[Title 9 RCW—page 199]
9.95.270
Title 9 RCW: Crimes and Punishments
effort and mutual assistance in the prevention of crime and
for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted
judicial and administrative authorities of a state, party to this
compact, (herein called "sending state"), to permit any
person convicted of an offense within such state and placed
on probation or released on parole to reside in any other
state party to this compact, (herein called "receiving state"),
while on probation or parole, if
(a) Such person is in fact a resident of or has his family
residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not
having his family residing there, the receiving state consents
to such person being sent there.
Before granting such permission, opportunity shall be
granted to the receiving state to investigate the home and
prospective employment of such person.
A resident of the receiving state, within the meaning of
this section, is one who has been an actual inhabitant of such
state continuously for more than one year prior to his
coming to the sending state and has not resided within the
sending state more than six continuous months immediately
preceding the commission of the offense for which he has
been convicted.
(2) That each receiving state will assume the duties of
visitation of and supervision over probationers or parolees of
any sending state and in the exercise of those duties will be
governed by the same standards that prevail for its own
probationers and parolees.
(3) That duly accredited officers of a sending state may
at all times enter a receiving state and there apprehend and
retake any person on probation or parole. For that purpose
no formalities will be required other than establishing the
authority of the officer and the identity of the person to be
retaken. All legal requirements to obtain extradition of
fugitives from justice are hereby expressly waived on the
part of states party hereto, as to such persons. The decision
of the sending state to retake a person on probation or parole
shall be conclusive upon and not reviewable within the
receiving state: PROVIDED, HOWEVER, That if at the
time when a state seeks to retake a probationer or parolee
there should be pending against him within the receiving
state any criminal charge, or he should be suspected of
having committed within such state a criminal offense, he
shall not be retaken without the consent of the receiving
state until discharged from prosecution or from imprisonment
for such offense.
(4) That the duly accredited officers of the sending state
will be permitted to transport prisoners being retaken through
any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an
officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such
rules and regulations as may be deemed necessary to more
effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its execution by any state as between it and any
other state or states so executing. When executed it shall
have the full force and effect of law within such state, the
[Title 9 RCW—page 200]
form of execution to be in accordance with the laws of the
executing state.
(7) That this compact shall continue in force and remain
binding upon each executing state until renounced by it. The
duties and obligations hereunder of a renouncing state shall
continue as to parolees or probationers residing therein at the
time of withdrawal until retaken or finally discharged by the
sending state. Renunciation of this compact shall be by the
same authority which executed it, by sending six months’
notice in writing of its intention to withdraw from the
compact to the other states, party hereto. [1937 c 92 § 1;
RRS § 10249-11.]
Severability—1937 c 92: "If any section, sentence, subdivision or
clause of this act is for any reason held invalid or to be unconstitutional,
such decision shall not affect the validity of the remaining portions of this
act." [1937 c 92 § 2 p 382.] This applies to RCW 9.95.270.
Short title—1937 c 92: "This act may be cited as the Uniform Act
for Out-of-State Supervision." [1937 c 92 § 3 p 382.] This applies to RCW
9.95.270.
Interstate compact on juveniles: Chapter 13.24 RCW.
9.95.280 Return of parole violators from another
state—Deputizing out-of-state officers. The board may
deputize any person (regularly employed by another state) to
act as an officer and agent of this state in effecting the return
of any person convicted of a crime committed before July 1,
1984, who has violated the terms and conditions of parole or
probation as granted by this state. In any matter relating to
the return of such a person, any agent so deputized shall
have all the powers of a police officer of this state. [2001
2nd sp.s. c 12 § 344; 1999 c 143 § 31; 1955 c 183 § 1.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.290 Return of parole violators from another
state—Deputization procedure. Any deputization pursuant
to this statute with regard to an offender convicted of a
crime committed before July 1, 1984, shall be in writing and
any person authorized to act as an agent of this state
pursuant hereto shall carry formal evidence of his or her
deputization and shall produce the same upon demand.
[2001 2nd sp.s. c 12 § 345; 1955 c 183 § 2.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.300 Return of parole violators from another
state—Contracts to share costs. The board may enter into
contracts with similar officials of any other state or states for
the purpose of sharing an equitable portion of the cost of
effecting the return of any person who has violated the terms
and conditions of parole, probation, or community custody
as granted by this state. [2001 2nd sp.s. c 12 § 346; 1999
c 143 § 32; 1955 c 183 § 3.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
(2002 Ed.)
Indeterminate Sentences
9.95.310 Assistance for parolees, work release, and
discharged prisoners—Declaration of purpose. The
purpose of RCW 9.95.310 through 9.95.370 is to provide
necessary assistance, other than assistance which is authorized to be provided under the vocational rehabilitation laws,
Title 28A RCW, under the public assistance laws, Title 74
RCW or the employment security department or other state
agency, for parolees, inmates assigned to work/training
release facilities, discharged prisoners and persons convicted
of a felony committed before July 1, 1984, and granted
probation in need and whose capacity to earn a living under
these circumstances is impaired; and to help such persons
attain self-care and/or self-support for rehabilitation and
restoration to independence as useful citizens as rapidly as
possible thereby reducing the number of returnees to the
institutions of this state to the benefit of such person and
society as a whole. [2001 2nd sp.s. c 12 § 347; 1986 c 125
§ 1; 1971 ex.s. c 31 § 1; 1961 c 217 § 2.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.320 Assistance for parolees, work release, and
discharged prisoners—Subsistence payments—Terms and
conditions. The secretary of corrections or his or her
designee may provide to any parolee, inmate assigned to a
work/training release facility, discharged prisoner and
persons convicted of a felony committed before July 1, 1984,
and granted probation in need and without necessary means,
from any funds legally available therefor, such reasonable
sums as he or she deems necessary for the subsistence of
such person and his or her family until such person has
become gainfully employed. Such aid may be made under
such terms and conditions, and through local parole or
probation officers if necessary, as the secretary of corrections
or his or her designee may require and shall be supplementary to any moneys which may be provided under public
assistance or from any other source. [2001 2nd sp.s. c 12 §
348; 1986 c 125 § 2; 1981 c 136 § 45; 1971 ex.s. c 31 § 2;
1961 c 217 § 3.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.330 Assistance for parolees, work release, and
discharged prisoners—Department may accept gifts and
make expenditures. The department of corrections may
accept any devise, bequest, gift, grant, or contribution made
for the purposes of RCW 9.95.310 through 9.95.370 and the
secretary of corrections or his designee may make expenditures, or approve expenditures by local parole or probation
officers, therefrom for the purposes of RCW 9.95.310
through 9.95.370 in accordance with the rules of the department of corrections. [1981 c 136 § 46; 1971 ex.s. c 31 § 3;
1961 c 217 § 4.]
Effective date—1981 c 136: See RCW 72.09.900.
9.95.310
9.95.340 Assistance for parolees, work release, and
discharged prisoners—Use and repayment of funds
belonging to absconders. Any funds in the hands of the
department of corrections, or which may come into its hands,
which belong to discharged prisoners, inmates assigned to
work/training release facilities, parolees or persons convicted
of a felony and granted probation who absconded, or whose
whereabouts are unknown, shall be deposited in the community services revolving fund. Said funds shall be used to
defray the expenses of clothing and other necessities and for
transporting discharged prisoners, inmates assigned to
work/training release facilities, parolees and persons convicted of a felony and granted probation who are without means
to secure the same. All payments disbursed from these
funds shall be repaid, whenever possible, by discharged
prisoners, inmates assigned to work/training release facilities,
parolees and persons convicted of a felony and granted
probation for whose benefit they are made. Whenever any
money belonging to such persons is so paid into the revolving fund, it shall be repaid to them in accordance with law
if a claim therefor is filed with the department of corrections
within five years of deposit into said fund and upon a clear
showing of a legal right of such claimant to such money.
This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 349;
1986 c 125 § 3; 1981 c 136 § 47; 1971 ex.s. c 31 § 4; 1961
c 217 § 5.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.350 Assistance for parolees, work release, and
discharged prisoners—Use and accounting of funds or
property. All money or other property paid or delivered to
a community corrections officer or employee of the department of corrections by or for the benefit of any discharged
prisoner, inmate assigned to a work/training release facility,
parolee or persons convicted of a felony and granted
probation shall be immediately transmitted to the department
of corrections and it shall enter the same upon its books to
his or her credit. Such money or other property shall be
used only under the direction of the department of corrections.
If such person absconds, the money shall be deposited
in the revolving fund created by RCW 9.95.360, and any
other property, if not called for within one year, shall be sold
by the department of corrections and the proceeds credited
to the revolving fund.
If any person, files a claim within five years after the
deposit or crediting of such funds, and satisfies the department of corrections that he or she is entitled thereto, the
department may make a finding to that effect and may make
payment to the claimant in the amount to which he or she is
entitled.
This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 350;
1986 c 125 § 4; 1981 c 136 § 48; 1971 ex.s. c 31 § 5; 1961
c 217 § 6.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
(2002 Ed.)
[Title 9 RCW—page 201]
9.95.350
Title 9 RCW: Crimes and Punishments
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.360 Assistance for parolees, work release, and
discharged prisoners—Community services revolving
fund. The department of corrections shall create, maintain,
and administer outside the state treasury a permanent revolving fund to be known as the "community services revolving
fund" into which shall be deposited all moneys received by
it under RCW 9.95.310 through 9.95.370 and any appropriation made for the purposes of RCW 9.95.310 through
9.95.370. All expenditures from this revolving fund shall be
made by check or voucher signed by the secretary of
corrections or his or her designee. The community services
revolving fund shall be deposited by the department of
corrections in such banks or financial institutions as it may
select which shall give to the department a surety bond executed by a surety company authorized to do business in this
state, or collateral eligible as security for deposit of state
funds in at least the full amount of deposit.
This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 351;
1986 c 125 § 5; 1981 c 136 § 49; 1971 ex.s. c 31 § 6; 1961
c 217 § 7.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.370 Assistance for parolees and discharged
prisoners—Repayment agreement. The secretary of
corrections or his or her designee shall enter into a written
agreement with every person receiving funds under RCW
9.95.310 through 9.95.370 that such person will repay such
funds under the terms and conditions in said agreement. No
person shall receive funds until such an agreement is validly
made. This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 352;
1981 c 136 § 50; 1971 ex.s. c 31 § 7; 1961 c 217 § 8.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1981 c 136: See RCW 72.09.900.
9.95.420 Sex offenders—End of sentence review.
(1)(a) Except as provided in (c) of this subsection, before the
expiration of the minimum term, as part of the end of
sentence review process under RCW 72.09.340, 72.09.345,
and where appropriate, 72.09.370, the department shall
conduct, and the offender shall participate in, an examination
of the offender, incorporating methodologies that are recognized by experts in the prediction of sexual dangerousness,
and including a prediction of the probability that the offender
will engage in sex offenses if released.
(b) The board may contract for an additional, independent examination, subject to the standards in this section.
(c) If at the time the sentence is imposed by the superior
court the offender’s minimum term has expired or will
expire within one hundred twenty days of the sentencing
[Title 9 RCW—page 202]
hearing, the department shall conduct, within ninety days of
the offender’s arrival at a department of corrections facility,
and the offender shall participate in, an examination of the
offender, incorporating methodologies that are recognized by
experts in the prediction of sexual dangerousness, and
including a prediction of the probability that the offender
will engage in sex offenses if released.
(2) The board shall impose the conditions and instructions provided for in RCW 9.94A.720. The board shall
consider the department’s recommendations and may impose
conditions in addition to those recommended by the department. The board may impose or modify conditions of
community custody following notice to the offender.
(3)(a) Except as provided in (b) of this subsection, no
later than ninety days before expiration of the minimum
term, but after the board receives the results from the end of
sentence review process and the recommendations for
additional or modified conditions of community custody
from the department, the board shall conduct a hearing to
determine whether it is more likely than not that the offender
will engage in sex offenses if released on conditions to be
set by the board. The board may consider an offender’s
failure to participate in an evaluation under subsection (1) of
this section in determining whether to release the offender.
The board shall order the offender released, under such
affirmative and other conditions as the board determines
appropriate, unless the board determines by a preponderance
of the evidence that, despite such conditions, it is more
likely than not that the offender will commit sex offenses if
released. If the board does not order the offender released,
the board shall establish a new minimum term, not to exceed
an additional two years.
(b) If at the time the offender’s minimum term has
expired or will expire within one hundred twenty days of the
offender’s arrival at a department of correction’s facility,
then no later than one hundred twenty days after the
offender’s arrival at a department of corrections facility, but
after the board receives the results from the end of sentence
review process and the recommendations for additional or
modified conditions of community custody from the department, the board shall conduct a hearing to determine whether
it is more likely than not that the offender will engage in sex
offenses if released on conditions to be set by the board.
The board may consider an offender’s failure to participate
in an evaluation under subsection (1) of this section in
determining whether to release the offender. The board shall
order the offender released, under such affirmative and other
conditions as the board determines appropriate, unless the
board determines by a preponderance of the evidence that,
despite such conditions, it is more likely than not that the
offender will commit sex offenses if released. If the board
does not order the offender released, the board shall establish
a new minimum term, not to exceed an additional two years.
[2002 c 174 § 1; 2001 2nd sp.s. c 12 § 306.]
Effective date—2002 c 174: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 174 § 3.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
(2002 Ed.)
Indeterminate Sentences
9.95.425 Sex offenders—Postrelease violations. (1)
Whenever the board or a community corrections officer of
this state has reason to believe an offender released under
RCW 9.95.420 has violated a condition of community
custody or the laws of this state, any community corrections
officer may arrest or cause the arrest and detention of the
offender pending a determination by the board whether
sanctions should be imposed or the offender’s community
custody should be revoked. The community corrections
officer shall report all facts and circumstances surrounding
the alleged violation to the board, with recommendations.
(2) If the board or the department causes the arrest or
detention of an offender for a violation that does not amount
to a new crime and the offender is arrested or detained by
local law enforcement or in a local jail, the board or department, whichever caused the arrest or detention, shall be
financially responsible for local costs. Jail bed costs shall be
allocated at the rate established under *RCW 9.94A.740(3).
[2001 2nd sp.s. c 12 § 307.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.430 Sex offenders—Postrelease arrest. Any
offender released under RCW 9.95.420 who is arrested and
detained in physical custody by the authority of a community
corrections officer, or upon the written order of the board,
shall not be released from custody on bail or personal
recognizance, except upon approval of the board and the
issuance by the board of an order reinstating the offender’s
release on the same or modified conditions. All chiefs of
police, marshals of cities and towns, sheriffs of counties, and
all police, prison, and peace officers and constables shall
execute any such order in the same manner as any ordinary
criminal process. [2001 2nd sp.s. c 12 § 308.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.435 Sex offenders—Postrelease transfer to
more restrictive confinement. (1) If an offender released
by the board under RCW 9.95.420 violates any condition or
requirement of community custody, the board may transfer
the offender to a more restrictive confinement status to serve
up to the remaining portion of the sentence, less credit for
any period actually spent in community custody or in
detention awaiting disposition of an alleged violation and
subject to the limitations of subsection (2) of this section.
(2) Following the hearing specified in subsection (3) of
this section, the board may impose sanctions such as work
release, home detention with electronic monitoring, work
crew, community restitution, inpatient treatment, daily
reporting, curfew, educational or counseling sessions,
supervision enhanced through electronic monitoring, or any
other sanctions available in the community, or may suspend
or revoke the release to community custody whenever an offender released by the board under RCW 9.95.420 violates
any condition or requirement of community custody.
(2002 Ed.)
9.95.425
(3) If an offender released by the board under RCW
9.95.420 is accused of violating any condition or requirement
of community custody, he or she is entitled to a hearing
before the board prior to the imposition of sanctions. The
hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The
board shall develop hearing procedures and a structure of
graduated sanctions consistent with the hearing procedures
and graduated sanctions developed pursuant to *RCW
9.94A.737. The board may suspend the offender’s release
to community custody and confine the offender in a correctional institution owned, operated by, or operated under
contract with the state prior to the hearing unless the
offender has been arrested and confined for a new criminal
offense.
(4) The hearing procedures required under subsection
(3) of this section shall be developed by rule and include the
following:
(a) Hearings shall be conducted by members of the
board unless the board enters into an agreement with the
department to use the hearing officers established under
*RCW 9.94A.737;
(b) The board shall provide the offender with written
notice of the violation, the evidence relied upon, and the
reasons the particular sanction was imposed. The notice
shall include a statement of the rights specified in this subsection, and the offender’s right to file a personal restraint
petition under court rules after the final decision of the
board;
(c) The hearing shall be held unless waived by the
offender, and shall be electronically recorded. For offenders
not in total confinement, the hearing shall be held within
fifteen working days, but not less than twenty-four hours
after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but
not less than twenty-four hours after notice of the violation;
(d) The offender shall have the right to: (i) Be present
at the hearing; (ii) have the assistance of a person qualified
to assist the offender in the hearing, appointed by the hearing
examiner if the offender has a language or communications
barrier; (iii) testify or remain silent; (iv) call witnesses and
present documentary evidence; (v) question witnesses who
appear and testify; and (vi) be represented by counsel if
revocation of the release to community custody is a possible
sanction for the violation; and
(e) The sanction shall take effect if affirmed by the
hearing examiner. Within seven days after the hearing
examiner’s decision, the offender may appeal the decision to
a panel of three reviewing examiners designated by the chair
of the board or by the chair’s designee. The sanction shall
be reversed or modified if a majority of the panel finds that
the sanction was not reasonably related to any of the
following: (i) The crime of conviction; (ii) the violation
committed; (iii) the offender’s risk of reoffending; or (iv) the
safety of the community.
(5) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or
unconfirmable allegations. [2002 c 175 § 17; 2001 2nd sp.s.
c 12 § 309.]
[Title 9 RCW—page 203]
9.95.435
Title 9 RCW: Crimes and Punishments
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.440 Sex offenders—Reinstatement of release.
In the event the board suspends release status of an offender
released under RCW 9.95.420 by reason of an alleged
violation of a condition of release, or pending disposition of
a new criminal charge, the board may nullify the suspension
order and reinstate release under previous conditions or any
new conditions the board determines advisable. Before the
board may nullify a suspension order and reinstate release,
it shall determine that the best interests of society and the
offender shall be served by such reinstatement rather than
return to confinement. [2001 2nd sp.s. c 12 § 310.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.900 Application of certain laws to felonies
committed before, on, or after certain dates. (1) Except
as provided in subsection (2) of this section, the following
sections of law do not apply to any felony offense committed on or after July 1, 1984: RCW 9.95.010, 9.95.011,
9.95.013, 9.95.015, 9.95.017, 9.95.040, 9.95.045, 9.95.047,
9.95.052, 9.95.080, 9.95.100, 9.95.115, 9.95.116, 9.95.120,
9.95.124, 9.95.125, 9.95.130, 9.95.190, 9.95.200, 9.95.204,
9.95.206, 9.95.210, 9.95.212, 9.95.214, 9.95.220, 9.95.230,
9.95.240, 9.95.250, 9.95.260, 9.95.265, 9.95.280, 9.95.290,
9.95.310, 9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360,
9.95.370, 72.04A.070, and 72.04A.080.
(2) The following sections apply to any felony offense
committed before July 1, 1984, and to any offense sentenced
under RCW 9.94A.712 and committed on or after July 1,
2001: RCW 9.95.003, 9.95.005, 9.95.007, 9.95.020,
9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 9.95.062,
9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.121,
9.95.122, 9.95.123, 9.95.126, 9.95.140, 9.95.150, 9.95.160,
9.95.170, 9.95.300, and 9.96.050. [2001 2nd sp.s. c 12 §
353; 1981 c 137 § 32.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Severability—1981 c 137: See RCW 9.94A.910.
Chapter 9.96
RESTORATION OF CIVIL RIGHTS
Sections
9.96.010
9.96.020
9.96.030
9.96.040
9.96.050
9.96.060
Restoration of civil rights.
Form of certificate.
Certified copy—Recording and indexing.
Copy of instrument restoring civil rights as evidence.
Final discharge of parolee—Restoration of civil rights—
Governor’s pardoning power not affected.
Misdemeanor offenses—Vacating records.
[Title 9 RCW—page 204]
Governor
pardoning power: State Constitution Art. 3 § 9.
records to be kept: RCW 43.06.020.
remission of fines and forfeitures: State Constitution Art. 3 § 11.
Report of indeterminate sentence review board: RCW 9.95.260.
Restoration of employment rights: Chapter 9.96A RCW.
Termination of suspended sentence, restoration of civil rights: RCW
9.92.066.
Voting rights, loss of: State Constitution Art. 6 § 3, RCW 29.10.097.
9.96.010 Restoration of civil rights. Whenever the
governor shall grant a pardon to a person convicted of an
infamous crime, or whenever the maximum term of imprisonment for which any such person was committed is
about to expire or has expired, and such person has not
otherwise had his civil rights restored, the governor shall
have the power, in his discretion, to restore to such person
his civil rights in the manner as in this chapter provided.
[1961 c 187 § 2; 1931 c 19 § 1; 1929 c 26 § 2; RRS §
10250.]
9.96.020 Form of certificate. Whenever the governor
shall determine to restore his civil rights to any person
convicted of an infamous crime in any superior court of this
state, he shall execute and file in the office of the secretary
of state an instrument in writing in substantially the following form:
"To the People of the State of Washington
Greeting:
I, the undersigned Governor of the State of Washington,
by virtue of the power vested in my office by the constitution and laws of the State of Washington, do by these
presents restore to . . . . . . . . . his civil rights forfeited by
him (or her) by reason of his (or her) conviction of the
crime of . . . . . . . . . (naming it) in the Superior Court for
the County of . . . . . . . . ., on to-wit: The . . . . day of
. . . . . ., 19. . .
Dated the . . . . day of . . . . . ., 19. . .
(Signed) . . . . . . . . . . . . . . . . . . . . . .
Governor of Washington."
[1931 c 19 § 2; 1929 c 26 § 3; RRS § 10251.]
9.96.030 Certified copy—Recording and indexing.
Upon the filing of an instrument restoring civil rights in his
office, it shall be the duty of the secretary of state to
transmit a duly certified copy thereof to the clerk of the
superior court named therein, who shall record the same in
the journal of the court and index the same in the execution
docket of the cause in which the conviction was had. [1931
c 19 § 3; 1929 c 26 § 4; RRS § 10252.]
9.96.040 Copy of instrument restoring civil rights
as evidence. See RCW 5.44.090.
9.96.050 Final discharge of parolee—Restoration of
civil rights—Governor’s pardoning power not affected.
When a prisoner on parole has performed all obligations of
his or her release, including any and all legal financial
obligations, for such time as shall satisfy the indeterminate
sentence review board that his or her final release is not
(2002 Ed.)
Restoration of Civil Rights
incompatible with the best interests of society and the
welfare of the paroled individual, the board may make a
final order of discharge and issue a certificate of discharge
to the prisoner. The certificate of discharge shall be issued
to the offender in person or by mail to the prisoner’s last
known address.
The board shall send a copy of every signed certificate
of discharge to the auditor for the county in which the
offender was sentenced and to the department of corrections.
The department shall create and maintain a data base
containing the names of all felons who have been issued
certificates of discharge, the date of discharge, and the date
of conviction and offense.
The board retains the jurisdiction to issue a certificate
of discharge after the expiration of the prisoner’s or
parolee’s maximum statutory sentence. If not earlier
granted, the board shall make a final order of discharge three
years from the date of parole unless the parolee is on
suspended or revoked status at the expiration of the three
years. Such discharge, regardless of when issued, shall have
the effect of restoring all civil rights lost by operation of law
upon conviction, and the certification of discharge shall so
state. This restoration of civil rights shall not restore the
right to receive, possess, own, or transport firearms.
The discharge provided for in this section shall be
considered as a part of the sentence of the convicted person
and shall not in any manner be construed as affecting the
powers of the governor to pardon any such person. [2002 c
16 § 3; 1993 c 140 § 4; 1980 c 75 § 1; 1961 c 187 § 1.]
Intent—2002 c 16: See note following RCW 9.94A.637.
9.96.060 Misdemeanor offenses—Vacating records.
(1) Every person convicted of a misdemeanor or gross
misdemeanor offense who has completed all of the terms of
the sentence for the misdemeanor or gross misdemeanor
offense may apply to the sentencing court for a vacation of
the applicant’s record of conviction for the offense. If the
court finds the applicant meets the tests prescribed in
subsection (2) of this section, the court may in its discretion
vacate the record of conviction by: (a)(i) Permitting the
applicant to withdraw the applicant’s plea of guilty and to
enter a plea of not guilty; or (ii) if the applicant has been
convicted after a plea of not guilty, the court setting aside
the verdict of guilty; and (b) the court dismissing the
information, indictment, complaint, or citation against the
applicant and vacating the judgment and sentence.
(2) An applicant may not have the record of conviction
for a misdemeanor or gross misdemeanor offense vacated if
any one of the following is present:
(a) There are any criminal charges against the applicant
pending in any court of this state or another state, or in any
federal court;
(b) The offense was a violent offense as defined in
RCW 9.94A.030 or an attempt to commit a violent offense;
(c) The offense was a violation of RCW 46.61.502
(driving while under the influence), 46.61.504 (actual
physical control while under the influence), or 9.91.020
(operating a railroad, etc. while intoxicated);
(d) The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW
(obscenity and pornography), chapter 9.68A RCW (sexual
(2002 Ed.)
9.96.050
exploitation of children), or chapter 9A.44 RCW (sex
offenses);
(e) The applicant was convicted of a misdemeanor or
gross misdemeanor offense as defined in RCW 10.99.020, or
the court determines after a review of the court file that the
offense was committed by one family member or household
member against another, or the court, after considering the
damage to person or property that resulted in the conviction,
any prior convictions for crimes defined in RCW 10.99.020,
or for comparable offenses in another state or in federal
court, and the totality of the records under review by the
court regarding the conviction being considered for vacation,
determines that the offense involved domestic violence, and
any one of the following factors exist:
(i) The applicant has not provided written notification of
the vacation petition to the prosecuting attorney’s office that
prosecuted the offense for which vacation is sought, or has
not provided that notification to the court;
(ii) The applicant has previously had a conviction for
domestic violence. For purposes of this subsection, however, if the current application is for more than one conviction
that arose out of a single incident, none of those convictions
counts as a previous conviction;
(iii) The applicant has signed an affidavit under penalty
of perjury affirming that the applicant has not previously had
a conviction for a domestic violence offense, and a criminal
history check reveals that the applicant has had such a
conviction; or
(iv) Less than five years have elapsed since the person
completed the terms of the original conditions of the
sentence, including any financial obligations and successful
completion of any treatment ordered as a condition of
sentencing;
(f) For any offense other than those described in (e) of
this subsection, less than three years have passed since the
person completed the terms of the sentence, including any
financial obligations;
(g) The offender has been convicted of a new crime in
this state, another state, or federal court since the date of
conviction;
(h) The applicant has ever had the record of another
conviction vacated; or
(i) The applicant is currently restrained, or has been
restrained within five years prior to the vacation application,
by a domestic violence protection order, a no-contact order,
an antiharassment order, or a civil restraining order which
restrains one party from contacting the other party.
(3) Once the court vacates a record of conviction under
subsection (1) of this section, the person shall be released
from all penalties and disabilities resulting from the offense
and the fact that the person has been convicted of the
offense shall not be included in the person’s criminal history
for purposes of determining a sentence in any subsequent
conviction. For all purposes, including responding to
questions on employment or housing applications, a person
whose conviction has been vacated under subsection (1) of
this section may state that he or she has never been convicted of that crime. Nothing in this section affects or prevents
the use of an offender’s prior conviction in a later criminal
prosecution.
(4) All costs incurred by the court and probation
services shall be paid by the person making the motion to
[Title 9 RCW—page 205]
9.96.060
Title 9 RCW: Crimes and Punishments
vacate the record unless a determination is made pursuant to
chapter 10.101 RCW that the person making the motion is
indigent, at the time the motion is brought.
(5) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification
section and to the local police agency, if any, which holds
criminal history information for the person who is the
subject of the conviction. The Washington state patrol and
any such local police agency shall immediately update their
records to reflect the vacation of the conviction, and shall
transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated
under this section may not be disseminated or disclosed by
the state patrol or local law enforcement agency to any
person, except other criminal justice enforcement agencies.
[2001 c 140 § 1.]
Chapter 9.96A
RESTORATION OF EMPLOYMENT RIGHTS
Sections
9.96A.010
9.96A.020
Legislative declaration.
Employment, occupational licensing by public entity—Prior
felony conviction no disqualification—Exceptions.
9.96A.030 Exclusion—Law enforcement agencies.
9.96A.040 Violations—Adjudication pursuant to administrative procedure act.
9.96A.050 Provisions of chapter prevailing.
9.96A.060 Exclusion—Employees dealing with children or vulnerable
persons.
9.96A.900 Effective date—1973 c 135.
Gambling commission—Denial, suspension, or revocation of license,
permit—Other provisions not applicable: RCW 9.46.075.
Restoration of civil rights: Chapter 9.96 RCW.
State lottery commission—Denial, suspension, and revocation of licenses—
Other provisions not applicable: RCW 67.70.090.
9.96A.010 Legislative declaration. The legislature
declares that it is the policy of the state of Washington to
encourage and contribute to the rehabilitation of felons and
to assist them in the assumption of the responsibilities of
citizenship, and the opportunity to secure employment or to
pursue, practice or engage in a meaningful and profitable
trade, occupation, vocation, profession or business is an
essential ingredient to rehabilitation and the assumption of
the responsibilities of citizenship. [1973 c 135 § 1.]
9.96A.020 Employment, occupational licensing by
public entity—Prior felony conviction no disqualification—Exceptions. (1) Subject to the exceptions in subsections (3) and (4) of this section, and unless there is another
provision of law to the contrary, a person is not disqualified
from employment by the state of Washington or any of its
counties, cities, towns, municipal corporations, or quasimunicipal corporations, nor is a person disqualified to
practice, pursue or engage in any occupation, trade, vocation,
or business for which a license, permit, certificate or
registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations solely because of a
prior conviction of a felony. However, this section does not
[Title 9 RCW—page 206]
preclude the fact of any prior conviction of a crime from
being considered.
(2) A person may be denied employment by the state of
Washington or any of its counties, cities, towns, municipal
corporations, or quasi-municipal corporations, or a person
may be denied a license, permit, certificate or registration to
pursue, practice or engage in an occupation, trade, vocation,
or business by reason of the prior conviction of a felony if
the felony for which he or she was convicted directly relates
to the position of employment sought or to the specific
occupation, trade, vocation, or business for which the
license, permit, certificate or registration is sought, and the
time elapsed since the conviction is less than ten years.
However, for positions in the county treasurer’s office, a
person may be disqualified from employment because of a
prior guilty plea or conviction of a felony involving embezzlement or theft, even if the time elapsed since the guilty
plea or conviction is ten years or more.
(3) A person is disqualified for any certificate required
or authorized under chapters 28A.405 or 28A.410 RCW,
because of a prior guilty plea or the conviction of a felony
involving sexual exploitation of a child under chapter 9.68A
RCW, sexual offenses under chapter 9A.44 RCW where a
minor is the victim, promoting prostitution of a minor under
chapter 9A.88 RCW, or a violation of similar laws of
another jurisdiction, even if the time elapsed since the guilty
plea or conviction is ten years or more.
(4) A person is disqualified from employment by school
districts, educational service districts, and their contractors
hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or
conviction of a felony involving sexual exploitation of a
child under chapter 9.68A RCW, sexual offenses under
chapter 9A.44 RCW where a minor is the victim, promoting
prostitution of a minor under chapter 9A.88 RCW, or a
violation of similar laws of another jurisdiction, even if the
time elapsed since the guilty plea or conviction is ten years
or more.
(5) Subsections (3) and (4) of this section only apply to
a person applying for a certificate or for employment on or
after July 25, 1993. [1999 c 16 § 1; 1993 c 71 § 1; 1973 c
135 § 2.]
Intent—1993 c 71: "The legislature reaffirms its singular intent that
this act shall not affect the duties imposed or powers conferred on the office
of the superintendent of public instruction by RCW 28A.410.090." [1993
c 71 § 2.]
9.96A.030 Exclusion—Law enforcement agencies.
This chapter shall not be applicable to any law enforcement
agency; however, nothing herein shall be construed to
preclude a law enforcement agency in its discretion from
adopting the policy set forth in this chapter. [1973 c 135 §
3.]
9.96A.040 Violations—Adjudication pursuant to
administrative procedure act. Any complaints or grievances concerning the violation of this chapter shall be processed
and adjudicated in accordance with the procedures set forth
in chapter 34.05 RCW, the administrative procedure act.
[1973 c 135 § 4.]
(2002 Ed.)
Restoration of Employment Rights
9.96A.050 Provisions of chapter prevailing. The
provisions of this chapter shall prevail over any other
provisions of law which purport to govern the denial of licenses, permits, certificates, registrations, or other means to
engage in a business, on the grounds of a lack of good moral
character, or which purport to govern the suspension or
revocation of such a license, permit, certificate, or registration on the grounds of conviction of a crime. [1973 c 135
§ 5.]
9.96A.060 Exclusion—Employees dealing with
children or vulnerable persons. This chapter is not applicable to the department of social and health services when
employing a person, who in the course of his or her employment, has or may have unsupervised access to any person
who is under the age of eighteen, who is under the age of
twenty-one and has been sentenced to a term of confinement
under the supervision of the department of social and health
services under chapter 13.40 RCW, who is a vulnerable adult
under chapter 74.34 RCW, or who is a vulnerable person.
For purposes of this section "vulnerable person" means an
adult of any age who lacks the functional, mental, or
physical ability to care for himself or herself. [2001 c 296
§ 2.]
Intent—2001 c 296: "It is the intent of the legislature to authorize
the department of social and health services to investigate the background
of current and future department employees to the same extent and with the
same effect as it has authorized the state to investigate the background and
exclude from the provision of service current and future care providers,
contractors, volunteers, and others. The department of social and health
services must coordinate with the department of personnel to develop rules
that address the procedures for undertaking background checks, and
specifically what action would be taken against a current employee who is
disqualified from his or her current position because of a background check
not previously performed." [2001 c 296 § 1.]
9.96A.900 Effective date—1973 c 135. This act shall
take effect on July 1, 1973. [1973 c 135 § 7.]
Chapter 9.98
PRISONERS—UNTRIED INDICTMENTS,
INFORMATIONS, COMPLAINTS
Sections
9.98.010
9.98.020
9.98.030
9.98.040
Disposition of untried indictment, information, complaint—
Procedure—Escape, effect.
Loss of jurisdiction and failure of indictment, information,
complaint—Dismissal.
Chapter not applicable to mentally ill.
Court not prohibited from ordering prisoner to trial.
9.98.010 Disposition of untried indictment, information, complaint—Procedure—Escape, effect. (1) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of this state, and whenever
during the continuance of the term of imprisonment there is
pending in this state any untried indictment, information, or
complaint against the prisoner, he shall be brought to trial
within one hundred twenty days after he shall have caused
to be delivered to the prosecuting attorney and the superior
court of the county in which the indictment, information, or
complaint is pending written notice of the place of his
imprisonment and his request for a final disposition to be
(2002 Ed.)
9.96A.050
made of the indictment, information, or complaint: PROVIDED, That for good cause shown in open court, the
prisoner or his counsel shall have the right to be present, the
court having jurisdiction of the matter may grant any
necessary or reasonable continuance. The request of the
prisoner shall be accompanied by a certificate of the superintendent having custody of the prisoner, stating the term of
commitment under which the prisoner is being held, the time
already served, the time remaining to be served on the
sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the indeterminate sentence review board relating to the prisoner.
(2) The written notice and request for final disposition
referred to in subsection (1) hereof shall be given or sent by
the prisoner to the superintendent having custody of him,
who shall promptly forward it together with the certificate to
the appropriate prosecuting attorney and superior court by
certified mail, return receipt requested.
(3) The superintendent having custody of the prisoner
shall promptly inform him in writing of the source and
contents of any untried indictment, information, or complaint
against him concerning which the superintendent has knowledge and of his right to make a request for final disposition
thereof.
(4) Escape from custody by the prisoner subsequent to
his execution of the request for final disposition referred to
in subsection (1) hereof shall void the request. [1999 c 143
§ 33; 1959 c 56 § 1.]
9.98.020 Loss of jurisdiction and failure of indictment, information, complaint—Dismissal. In the event
that the action is not brought to trial within the period of
time as herein provided, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment,
information or complaint be of any further force or effect,
and the court shall enter an order dismissing the same with
prejudice. [1959 c 56 § 2.]
9.98.030 Chapter not applicable to mentally ill. The
provisions of this chapter shall not apply to any person
adjudged to be mentally ill. [1959 c 56 § 3.]
9.98.040 Court not prohibited from ordering
prisoner to trial. This chapter shall not be construed as
preempting the right of the superior court on the motion of
the county prosecuting attorney from ordering the superintendent of a state penal or correctional institution to cause a
prisoner to be transported to the superior court of the county
for trial upon any untried indictment, information or complaint. [1959 c 56 § 4.]
Chapter 9.100
AGREEMENT ON DETAINERS
Sections
9.100.010
9.100.020
9.100.030
9.100.040
9.100.050
Agreement on detainers—Text.
Appropriate court defined.
Courts, state and political subdivisions enjoined to enforce
agreement.
Escape—Effect.
Giving over inmate authorized.
[Title 9 RCW—page 207]
Chapter 9.100
Title 9 RCW: Crimes and Punishments
9.100.060
9.100.070
Administrator—Appointment.
Request for temporary custody—Notice to prisoner and
governor—Advising prisoner of rights.
9.100.080 Copies of chapter—Transmission.
Untried indictments, informations, complaints—Disposition: Chapter 9.98
RCW.
9.100.010 Agreement on detainers—Text. The
agreement on detainers is hereby enacted into law and
entered into by this state with all other jurisdictions legally
joining therein in the form substantially as follows:
TEXT OF THE AGREEMENT ON DETAINERS
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations
or complaints, and difficulties in securing speedy trial of
persons already incarcerated in other jurisdictions, produce
uncertainties which obstruct programs of prisoner treatment
and rehabilitation. Accordingly, it is the policy of the party
states and the purpose of this agreement to encourage the
expeditious and orderly disposition of such charges and
determination of the proper status of any and all detainers
based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to
such charges and detainers, when emanating from another
jurisdiction, cannot properly be had in the absence of
cooperative procedures. It is the further purpose of this
agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the
United States of America; a territory or possession of the
United States; the District of Columbia; the Commonwealth
of Puerto Rico.
(b) "Sending state" shall mean a state in which a
prisoner is incarcerated at the time that he initiates a request
for final disposition pursuant to Article III hereof or at the
time that a request for custody or availability is initiated
pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial
is to be had on an indictment, information or complaint
pursuant to Article III or Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of
imprisonment in a penal or correctional institution of a party
state, and whenever during the continuance of the term of
imprisonment there is pending in any other party state any
untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he
shall be brought to trial within one hundred eighty days after
he shall have caused to be delivered to the prosecuting
officer and the appropriate court of the prosecuting officer’s
jurisdiction written notice of the place of his imprisonment
and his request for a final disposition to be made of the
indictment, information or complaint: PROVIDED, That for
good cause shown in open court, the prisoner or his counsel
being present, the court having jurisdiction of the matter may
grant any necessary or reasonable continuance. The request
[Title 9 RCW—page 208]
of the prisoner shall be accompanied by a certificate of the
appropriate official having custody of the prisoner, stating
the term of commitment under which the prisoner is being
held, the time already served, the time remaining to be
served on the sentence, the amount of good time earned, the
time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) hereof shall be given or sent by
the prisoner to the warden, commissioner of correction or
other official having custody of him, who shall promptly
forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail,
return receipt requested.
(c) The warden, commissioner of correction or other
official having custody of the prisoner shall promptly inform
him of the source and contents of any detainer lodged
against him and shall also inform him of his right to make
a request for final disposition of the indictment, information
or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall operate as a request
for final disposition of all untried indictments, informations
or complaints on the basis of which detainers have been
lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of correction or other
official having custody of the prisoner shall forthwith notify
all appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner’s request
for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to
this paragraph shall be accompanied by copies of the
prisoner’s written notice, request, and the certificate. If trial
is not had on any indictment, information or complaint
contemplated hereby prior to the return of the prisoner to the
original place of imprisonment, such indictment, information
or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with
prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall also be deemed to be
a waiver of extradition with respect to any charge or
proceeding contemplated thereby or included therein by
reason of paragraph (d) hereof, and a waiver of extradition
to the receiving state to serve any sentence there imposed
upon him, after completion of his term of imprisonment in
the sending state. The request for final disposition shall also
constitute a consent by the prisoner to the production of his
body in any court where his presence may be required in
order to effectuate the purposes of this agreement and a
further consent voluntarily to be returned to the original
place of imprisonment in accordance with the provisions of
this agreement. Nothing in this paragraph shall prevent the
imposition of a concurrent sentence if otherwise permitted by
law.
(f) Escape from custody by the prisoner subsequent to
his execution of the request for final disposition referred to
in paragraph (a) hereof shall void the request.
(2002 Ed.)
Agreement on Detainers
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which
an untried indictment, information or complaint is pending
shall be entitled to have a prisoner against whom he has
lodged a detainer and who is serving a term of imprisonment
in any party state made available in accordance with Article
V(a) hereof upon presentation of a written request for
temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated:
PROVIDED, That the court having jurisdiction of such
indictment, information or complaint shall have duly approved, recorded and transmitted the request: PROVIDED
FURTHER, That there shall be a period of thirty days after
receipt by the appropriate authorities before the request be
honored, within which period the governor of the sending
state may disapprove the request for temporary custody or
availability, either upon his own motion or upon motion of
the prisoner.
(b) Upon receipt of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities
having the prisoner in custody shall furnish the officer with
a certificate stating the term of commitment under which the
prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good
time earned, the time of parole eligibility of the prisoner, and
any decisions of the state parole agency relating to the
prisoner. Said authorities simultaneously shall furnish all
other officers and appropriate courts in the receiving state
who have lodged detainers against the prisoner with similar
certificates and with notices informing them of the request
or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this
Article, trial shall be commenced within one hundred twenty
days of the arrival of the prisoner in the receiving state, but
for good cause shown in open court, the prisoner or his
counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed
to deprive any prisoner of any right which he may have to
contest the legality of his delivery as provided in paragraph
(a) hereof, but such delivery may not be opposed or denied
on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such
delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner’s being
returned to the original place of imprisonment pursuant to
Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the
court shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or
Article IV hereof, the appropriate authority in a sending state
shall offer to deliver temporary custody of such prisoner to
the appropriate authority in the state where such indictment,
information or complaint is pending against such person in
order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the
offer of temporary custody shall accompany the written
(2002 Ed.)
9.100.010
notice provided for in Article III of this agreement. In the
case of a federal prisoner, the appropriate authority in the
receiving state shall be entitled to temporary custody as
provided by this agreement or to the prisoner’s presence in
federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following
upon demand:
(i) Proper identification and evidence of his authority to
act for the state into whose temporary custody the prisoner
is to be given.
(ii) A duly certified copy of the indictment, information
or complaint on the basis of which the detainer has been
lodged and on the basis of which the request for temporary
custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to
accept temporary custody of said person, or in the event that
an action on the indictment, information or complaint on the
basis of which the detainer has been lodged is not brought
to trial within the period provided in Article III or Article IV
hereof, the appropriate court of the jurisdiction where the
indictment, information or complaint has been pending shall
enter an order dismissing the same with prejudice, and any
detainer based thereon shall cease to be of any force or
effect.
(d) The temporary custody referred to in this agreement
shall be only for the purpose of permitting prosecution on
the charge or charges contained in one or more untried
indictments, informations or complaints which form the basis
of the detainer or detainers or for prosecution on any other
charge or charges arising out of the same transaction.
Except for his attendance at court and while being transported to or from any place at which his presence may be
required, the prisoner shall be held in a suitable jail or other
facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the
purposes of this agreement, the prisoner shall be returned to
the sending state.
(f) During the continuance of temporary custody or
while the prisoner is otherwise being made available for trial
as required by this agreement, time being served on the
sentence shall continue to run but good time shall be earned
by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may
allow.
(g) For all purposes other than that for which temporary
custody as provided in this agreement is exercised, the
prisoner shall be deemed to remain in the custody of and
subject to the jurisdiction of the sending state and any escape
from temporary custody may be dealt with in the same
manner as an escape from the original place of imprisonment
or in any other manner permitted by law.
(h) From the time that a party state receives custody of
a prisoner pursuant to this agreement until such prisoner is
returned to the territory and custody of the sending state, the
state in which the one or more untried indictments,
informations or complaints are pending or in which trial is
being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall
govern unless the states concerned shall have entered into a
[Title 9 RCW—page 209]
9.100.010
Title 9 RCW: Crimes and Punishments
supplementary agreement providing for a different allocation
of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter
or effect [affect] any internal relationship among the departments, agencies and officers of and in the government of a
party state, or between a party state and its subdivisions, as
to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of
the time periods provided in Articles III and IV of this
agreement, the running of said time periods shall be tolled
whenever and for as long as the prisoner is unable to stand
trial, as determined by the court having jurisdiction of the
matter.
(b) No provision of this agreement, and no remedy
made available by this agreement, shall apply to any person
who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an
officer who, acting jointly with like officers of other party
states, shall promulgate rules and regulations to carry out
more effectively the terms and provisions of this agreement,
and who shall provide within and without the state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as
to a party state when such state has enacted the same into
law. A state party to this agreement may withdraw herefrom
by enacting a statute repealing the same. However, the
withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers
at the time such withdrawal takes effect, nor shall it affect
their rights in respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to
effectuate its purposes. The provisions of this agreement
shall be severable and if any phrase, clause, sentence or
provision of this agreement is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this agreement and the applicability thereof to any government, agency, person or circumstance shall not be
affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall
remain in full force and effect as to the remaining states and
in full force and effect as to the state affected as to all
severable matters. [1967 c 34 § 1.]
detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its
purposes. [1967 c 34 § 3.]
9.100.040 Escape—Effect. Escape from custody
while in another state pursuant to the agreement on detainers
shall constitute an offense against the laws of this state to
the same extent and degree as an escape from the institution
in which the prisoner was confined immediately prior to
having been sent to another state pursuant to the provisions
of the agreement on detainers and shall be punishable in the
same manner as an escape from said institution. [1967 c 34
§ 4.]
9.100.050 Giving over inmate authorized. It shall be
lawful and mandatory upon the warden or other official in
charge of a penal or correctional institution in this state to
give over the person of any inmate thereof whenever so
required by the operation of the agreement on detainers.
[1967 c 34 § 5.]
9.100.060 Administrator—Appointment. The
governor is hereby authorized and empowered to designate
and appoint a state officer to act as the administrator who
shall perform the duties and functions and exercise the
powers conferred upon such person by Article VII of the
agreement on detainers. [1967 c 34 § 6.]
9.100.070 Request for temporary custody—Notice
to prisoner and governor—Advising prisoner of rights.
In order to implement Article IV(a) of the agreement on
detainers, and in furtherance of its purposes, the appropriate
authorities having custody of the prisoner shall, promptly
upon receipt of the officer’s written request, notify the
prisoner and the governor in writing that a request for
temporary custody has been made and such notification shall
describe the source and contents of said request. The
authorities having custody of the prisoner shall also advise
him in writing of his rights to counsel, to make representations to the governor within thirty days, and to contest the
legality of his delivery. [1967 c 34 § 7.]
9.100.080 Copies of chapter—Transmission. Copies
of this chapter shall, upon its approval, be transmitted by the
secretary of state to the governor of each state, to the
attorney general and the secretary of state of the United
States, and the council of state governments. [1967 c 34 §
8.]
9.100.020 Appropriate court defined. The phrase
"appropriate court" as used in the agreement on detainers
shall, with reference to the courts of this state, mean any
court with criminal jurisdiction. [1967 c 34 § 2.]
9.100.030 Courts, state and political subdivisions
enjoined to enforce agreement. All courts, departments,
agencies, officers and employees of this state and its political
subdivisions are hereby directed to enforce the agreement on
[Title 9 RCW—page 210]
(2002 Ed.)
Title 9A
WASHINGTON CRIMINAL CODE
Chapters
9A.04
9A.08
9A.12
9A.16
9A.20
9A.28
9A.32
9A.36
9A.40
9A.42
9A.44
9A.46
9A.48
9A.49
9A.50
9A.52
9A.56
9A.60
9A.61
9A.64
9A.68
9A.72
9A.76
9A.80
9A.82
9A.83
9A.84
9A.88
9A.98
Preliminary article.
Principles of liability.
Insanity.
Defenses.
Classification of crimes.
Anticipatory offenses.
Homicide.
Assault—Physical harm.
Kidnapping, unlawful imprisonment, and
custodial interference.
Criminal mistreatment.
Sex offenses.
Harassment.
Arson, reckless burning, and malicious mischief.
Lasers.
Interference with health care facilities or
providers.
Burglary and trespass.
Theft and robbery.
Fraud.
Defrauding a public utility.
Family offenses.
Bribery and corrupt influence.
Perjury and interference with official proceedings.
Obstructing governmental operation.
Abuse of office.
Criminal profiteering act.
Money laundering.
Public disturbance.
Indecent exposure—Prostitution.
Laws repealed.
Crimes and punishments: Title 9 RCW.
Explosives: Chapter 70.74 RCW.
Harassment: Chapter 10.14 RCW.
Chapter 9A.04
PRELIMINARY ARTICLE
Sections
9A.04.010
9A.04.020
9A.04.030
9A.04.040
9A.04.050
9A.04.060
9A.04.070
9A.04.080
9A.04.090
9A.04.100
9A.04.110
(2002 Ed.)
Title, effective date, application, severability, captions.
Purposes—Principles of construction.
State criminal jurisdiction.
Classes of crimes.
People capable of committing crimes—Capability of children.
Common law to supplement statute.
Who amenable to criminal statutes.
Limitation of actions.
Application of general provisions of the code.
Proof beyond a reasonable doubt.
Definitions.
9A.04.010 Title, effective date, application, severability, captions. (1) This title shall be known and may be
cited as the Washington Criminal Code and shall become
effective on July 1, 1976.
(2) The provisions of this title shall apply to any offense
committed on or after July 1, 1976, which is defined in this
title or the general statutes, unless otherwise expressly
provided or unless the context otherwise requires, and shall
also apply to any defense to prosecution for such an offense.
(3) The provisions of this title do not apply to or govern
the construction of and punishment for any offense committed prior to July 1, 1976, or to the construction and application of any defense to a prosecution for such an offense.
Such an offense must be construed and punished according
to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been
enacted.
(4) If any provision of this title, or its application to any
person or circumstance is held invalid, the remainder of the
title, or the application of the provision to other persons or
circumstances is not affected, and to this end the provisions
of this title are declared to be severable.
(5) Chapter, section, and subsection captions are for
organizational purposes only and shall not be construed as
part of this title. [1975 1st ex.s. c 260 § 9A.04.010.]
Legislative direction for codification—1975 1st ex.s. c 260: "The
provisions of this act shall constitute a new Title in the Revised Code of
Washington to be designated as Title 9A RCW." [1975 1st ex.s. c 260 §
9A.92.900.]
9A.04.020 Purposes—Principles of construction. (1)
The general purposes of the provisions governing the
definition of offenses are:
(a) To forbid and prevent conduct that inflicts or
threatens substantial harm to individual or public interests;
(b) To safeguard conduct that is without culpability
from condemnation as criminal;
(c) To give fair warning of the nature of the conduct
declared to constitute an offense;
(d) To differentiate on reasonable grounds between
serious and minor offenses, and to prescribe proportionate
penalties for each.
(2) The provisions of this title shall be construed
according to the fair import of their terms but when the
language is susceptible of differing constructions it shall be
interpreted to further the general purposes stated in this title.
[1975 1st ex.s. c 260 § 9A.04.020.]
9A.04.030 State criminal jurisdiction. The following
persons are liable to punishment:
(1) A person who commits in the state any crime, in
whole or in part.
[Title 9A RCW—page 1]
9A.04.030
Title 9A RCW: Washington Criminal Code
(2) A person who commits out of the state any act
which, if committed within it, would be theft and is afterward found in the state with any of the stolen property.
(3) A person who being out of the state, counsels,
causes, procures, aids, or abets another to commit a crime in
this state.
(4) A person who, being out of the state, abducts or
kidnaps by force or fraud, any person, contrary to the laws
of the place where the act is committed, and brings, sends,
or conveys such person into this state.
(5) A person who commits an act without the state
which affects persons or property within the state, which, if
committed within the state, would be a crime.
(6) A person who, being out of the state, makes a
statement, declaration, verification, or certificate under RCW
9A.72.085 which, if made within the state, would be perjury.
(7) A person who commits an act onboard a conveyance
within the state of Washington, including the airspace over
the state of Washington, that subsequently lands, docks, or
stops within the state which, if committed within the state,
would be a crime. [1999 c 349 § 1; 1981 c 187 § 2; 1975
1st ex.s. c 260 § 9A.04.030.]
9A.04.040 Classes of crimes. (1) An offense defined
by this title or by any other statute of this state, for which a
sentence of imprisonment is authorized, constitutes a crime.
Crimes are classified as felonies, gross misdemeanors, or
misdemeanors.
(2) A crime is a felony if it is so designated in this title
or by any other statute of this state or if persons convicted
thereof may be sentenced to imprisonment for a term in
excess of one year. A crime is a misdemeanor if it is so
designated in this title or by any other statute of this state or
if persons convicted thereof may be sentenced to imprisonment for no more than ninety days. Every other crime is a
gross misdemeanor. [1975 1st ex.s. c 260 § 9A.04.040.]
9A.04.050 People capable of committing crimes—
Capability of children. Children under the age of eight
years are incapable of committing crime. Children of eight
and under twelve years of age are presumed to be incapable
of committing crime, but this presumption may be removed
by proof that they have sufficient capacity to understand the
act or neglect, and to know that it was wrong. Whenever in
legal proceedings it becomes necessary to determine the age
of a child, he may be produced for inspection, to enable the
court or jury to determine the age thereby; and the court may
also direct his examination by one or more physicians,
whose opinion shall be competent evidence upon the
question of his age. [1975 1st ex.s. c 260 § 9A.04.050.]
9A.04.060 Common law to supplement statute. The
provisions of the common law relating to the commission of
crime and the punishment thereof, insofar as not inconsistent
with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons
offending against the same shall be tried in the courts of this
state having jurisdiction of the offense. [1975 1st ex.s. c
260 § 9A.04.060.]
[Title 9A RCW—page 2]
9A.04.070 Who amenable to criminal statutes.
Every person, regardless of whether or not he is an inhabitant of this state, may be tried and punished under the laws
of this state for an offense committed by him therein, except
when such offense is cognizable exclusively in the courts of
the United States. [1975 1st ex.s. c 260 § 9A.04.070.]
9A.04.080 Limitation of actions. (1) Prosecutions for
criminal offenses shall not be commenced after the periods
prescribed in this section.
(a) The following offenses may be prosecuted at any
time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW
46.52.020(4)).
(b) The following offenses shall not be prosecuted more
than ten years after their commission:
(i) Any felony committed by a public officer if the
commission is in connection with the duties of his or her
office or constitutes a breach of his or her public duty or a
violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the
rape is reported to a law enforcement agency within one year
of its commission; except that if the victim is under fourteen
years of age when the rape is committed and the rape is
reported to a law enforcement agency within one year of its
commission, the violation may be prosecuted up to three
years after the victim’s eighteenth birthday or up to ten years
after the rape’s commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within
one year, the rape may not be prosecuted: (A) More than
three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B)
more than three years after the victim’s eighteenth birthday
or more than seven years after the rape’s commission,
whichever is later, if the violation was committed against a
victim under fourteen years of age.
(c) Violations of the following statutes shall not be
prosecuted more than three years after the victim’s eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076,
9A.44.083, 9A.44.086, *9A.44.070, 9A.44.080,
9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more
than six years after their commission: Violations of RCW
9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more
than five years after their commission: Any class C felony
under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three
years after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the
offense when the victim is a tax exempt corporation under
26 U.S.C. Sec. 501(c)(3).
(2002 Ed.)
Preliminary Article
(h) No other felony may be prosecuted more than three
years after its commission; except that in a prosecution under
RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she
was being viewed, photographed, or filmed, the prosecution
must be commenced within two years of the time the person
who was viewed or in the photograph or film first learns that
he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than
two years after its commission.
(j) No misdemeanor may be prosecuted more than one
year after its commission.
(2) The periods of limitation prescribed in subsection (1)
of this section do not run during any time when the person
charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed
in subsection (1) of this section, an indictment has been
found or a complaint or an information has been filed, and
the indictment, complaint, or information is set aside, then
the period of limitation is extended by a period equal to the
length of time from the finding or filing to the setting aside.
[1998 c 221 § 2. Prior: 1997 c 174 § 1; 1997 c 97 § 1;
prior: 1995 c 287 § 5; 1995 c 17 § 1; 1993 c 214 § 1; 1989
c 317 § 3; 1988 c 145 § 14; prior: 1986 c 257 § 13; 1986
c 85 § 1; prior: 1985 c 455 § 19; 1985 c 186 § 1; 1984 c
270 § 18; 1982 c 129 § 1; 1981 c 203 § 1; 1975 1st ex.s. c
260 § 9A.04.080.]
*Reviser’s note: RCW 9A.44.070 and 9A.44.080 were repealed by
1988 c 145 § 24.
Intent—1989 c 317: See note following RCW 4.16.340.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—Severability—1985 c 455: See RCW 9A.82.902 and
9A.82.904.
Severability—Effective date—1984 c 270: See RCW 9A.82.900 and
9A.82.901.
Severability—1982 c 129: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 129 § 11.]
9A.04.090 Application of general provisions of the
code. The provisions of chapters 9A.04 through 9A.28
RCW of this title are applicable to offenses defined by this
title or another statute, unless this title or such other statute
specifically provides otherwise. [1975 1st ex.s. c 260 §
9A.04.090.]
9A.04.100 Proof beyond a reasonable doubt. (1)
Every person charged with the commission of a crime is
presumed innocent unless proved guilty. No person may be
convicted of a crime unless each element of such crime is
proved by competent evidence beyond a reasonable doubt.
(2) When a crime has been proven against a person, and
there exists a reasonable doubt as to which of two or more
degrees he is guilty, he shall be convicted only of the lowest
degree. [1975 1st ex.s. c 260 § 9A.04.100.]
9A.04.110 Definitions. In this title unless a different
meaning plainly is required:
(1) "Acted" includes, where relevant, omitted to act;
(2002 Ed.)
9A.04.080
(2) "Actor" includes, where relevant, a person failing to
act;
(3) "Benefit" is any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant
to the desire or consent of the beneficiary;
(4)(a) "Bodily injury," "physical injury," or "bodily
harm" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which
involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the
function of any bodily part or organ, or which causes a
fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which
creates a probability of death, or which causes significant
serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any
bodily part or organ;
(5) "Building", in addition to its ordinary meaning,
includes any dwelling, fenced area, vehicle, railway car,
cargo container, or any other structure used for lodging of
persons or for carrying on business therein, or for the use,
sale or deposit of goods; each unit of a building consisting
of two or more units separately secured or occupied is a
separate building;
(6) "Deadly weapon" means any explosive or loaded or
unloaded firearm, and shall include any other weapon,
device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to
be used, is readily capable of causing death or substantial
bodily harm;
(7) "Dwelling" means any building or structure, though
movable or temporary, or a portion thereof, which is used or
ordinarily used by a person for lodging;
(8) "Government" includes any branch, subdivision, or
agency of the government of this state and any county, city,
district, or other local governmental unit;
(9) "Governmental function" includes any activity which
a public servant is legally authorized or permitted to undertake on behalf of a government;
(10) "Indicted" and "indictment" include "informed
against" and "information", and "informed against" and
"information" include "indicted" and "indictment";
(11) "Judge" includes every judicial officer authorized
alone or with others, to hold or preside over a court;
(12) "Malice" and "maliciously" shall import an evil
intent, wish, or design to vex, annoy, or injure another
person. Malice may be inferred from an act done in wilful
disregard of the rights of another, or an act wrongfully done
without just cause or excuse, or an act or omission of duty
betraying a wilful disregard of social duty;
(13) "Officer" and "public officer" means a person
holding office under a city, county, or state government, or
the federal government who performs a public function and
in so doing is vested with the exercise of some sovereign
power of government, and includes all assistants, deputies,
clerks, and employees of any public officer and all persons
lawfully exercising or assuming to exercise any of the
powers or functions of a public officer;
(14) "Omission" means a failure to act;
[Title 9A RCW—page 3]
9A.04.110
Title 9A RCW: Washington Criminal Code
(15) "Peace officer" means a duly appointed city,
county, or state law enforcement officer;
(16) "Pecuniary benefit" means any gain or advantage
in the form of money, property, commercial interest, or
anything else the primary significance of which is economic
gain;
(17) "Person", "he", and "actor" include any natural
person and, where relevant, a corporation, joint stock
association, or an unincorporated association;
(18) "Place of work" includes but is not limited to all
the lands and other real property of a farm or ranch in the
case of an actor who owns, operates, or is employed to work
on such a farm or ranch;
(19) "Prison" means any place designated by law for the
keeping of persons held in custody under process of law, or
under lawful arrest, including but not limited to any state
correctional institution or any county or city jail;
(20) "Prisoner" includes any person held in custody
under process of law, or under lawful arrest;
(21) "Property" means anything of value, whether
tangible or intangible, real or personal;
(22) "Public servant" means any person other than a
witness who presently occupies the position of or has been
elected, appointed, or designated to become any officer or
employee of government, including a legislator, judge,
judicial officer, juror, and any person participating as an
advisor, consultant, or otherwise in performing a governmental function;
(23) "Signature" includes any memorandum, mark, or
sign made with intent to authenticate any instrument or
writing, or the subscription of any person thereto;
(24) "Statute" means the Constitution or an act of the
legislature or initiative or referendum of this state;
(25) "Threat" means to communicate, directly or
indirectly the intent:
(a) To cause bodily injury in the future to the person
threatened or to any other person; or
(b) To cause physical damage to the property of a
person other than the actor; or
(c) To subject the person threatened or any other person
to physical confinement or restraint; or
(d) To accuse any person of a crime or cause criminal
charges to be instituted against any person; or
(e) To expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to
hatred, contempt, or ridicule; or
(f) To reveal any information sought to be concealed by
the person threatened; or
(g) To testify or provide information or withhold
testimony or information with respect to another’s legal
claim or defense; or
(h) To take wrongful action as an official against
anyone or anything, or wrongfully withhold official action,
or cause such action or withholding; or
(i) To bring about or continue a strike, boycott, or other
similar collective action to obtain property which is not
demanded or received for the benefit of the group which the
actor purports to represent; or
(j) To do any other act which is intended to harm
substantially the person threatened or another with respect to
his health, safety, business, financial condition, or personal
relationships;
[Title 9A RCW—page 4]
(26) "Vehicle" means a "motor vehicle" as defined in
the vehicle and traffic laws, any aircraft, or any vessel
equipped for propulsion by mechanical means or by sail;
(27) Words in the present tense shall include the future
tense; and in the masculine shall include the feminine and
neuter genders; and in the singular shall include the plural;
and in the plural shall include the singular. [1988 c 158 §
1; 1987 c 324 § 1; 1986 c 257 § 3; 1975 1st ex.s. c 260 §
9A.04.110.]
Effective date—1988 c 158: "This act shall take effect July 1, 1988."
[1988 c 158 § 4.]
Effective date—1987 c 324: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately. The remainder of this act shall take effect July 1,
1988." [1987 c 324 § 4.]
Effective date—1986 c 257 §§ 3-10: "Sections 3 through 10 of this
act shall take effect on July 1, 1988." [1987 c 324 § 3; 1986 c 257 § 12.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Chapter 9A.08
PRINCIPLES OF LIABILITY
Sections
9A.08.010
9A.08.020
9A.08.030
General requirements of culpability.
Liability for conduct of another—Complicity.
Corporate and personal liability.
9A.08.010 General requirements of culpability. (1)
Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally
when he acts with the objective or purpose to accomplish a
result which constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly
or with knowledge when:
(i) he is aware of a fact, facts, or circumstances or result
described by a statute defining an offense; or
(ii) he has information which would lead a reasonable
man in the same situation to believe that facts exist which
facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts
recklessly when he knows of and disregards a substantial
risk that a wrongful act may occur and his disregard of such
substantial risk is a gross deviation from conduct that a
reasonable man would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally
negligent or acts with criminal negligence when he fails to
be aware of a substantial risk that a wrongful act may occur
and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a
reasonable man would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness,
and Knowledge. When a statute provides that criminal
negligence suffices to establish an element of an offense,
such element also is established if a person acts intentionally,
knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a
person acts intentionally or knowingly. When acting
knowingly suffices to establish an element, such element also
is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense.
When the grade or degree of an offense depends on whether
(2002 Ed.)
Principles of Liability
the offense is committed intentionally, knowingly, recklessly,
or with criminal negligence, its grade or degree shall be the
lowest for which the determinative kind of culpability is
established with respect to any material element of the
offense.
(4) Requirement of Wilfulness Satisfied by Acting
Knowingly. A requirement that an offense be committed
wilfully is satisfied if a person acts knowingly with respect
to the material elements of the offense, unless a purpose to
impose further requirements plainly appears. [1975 1st ex.s.
c 260 § 9A.08.010.]
9A.08.020 Liability for conduct of another—
Complicity. (1) A person is guilty of a crime if it is
committed by the conduct of another person for which he is
legally accountable.
(2) A person is legally accountable for the conduct of
another person when:
(a) Acting with the kind of culpability that is sufficient
for the commission of the crime, he causes an innocent or
irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such
other person by this title or by the law defining the crime; or
(c) He is an accomplice of such other person in the
commission of the crime.
(3) A person is an accomplice of another person in the
commission of a crime if:
(a) With knowledge that it will promote or facilitate the
commission of the crime, he
(i) solicits, commands, encourages, or requests such
other person to commit it; or
(ii) aids or agrees to aid such other person in planning
or committing it; or
(b) His conduct is expressly declared by law to establish
his complicity.
(4) A person who is legally incapable of committing a
particular crime himself may be guilty thereof if it is
committed by the conduct of another person for which he is
legally accountable, unless such liability is inconsistent with
the purpose of the provision establishing his incapacity.
(5) Unless otherwise provided by this title or by the law
defining the crime, a person is not an accomplice in a crime
committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commission
of the crime, and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of
another person may be convicted on proof of the commission
of the crime and of his complicity therein, though the person
claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or
degree of crime or has an immunity to prosecution or
conviction or has been acquitted. [1975-’76 2nd ex.s. c 38
§ 1; 1975 1st ex.s. c 260 § 9A.08.020.]
Effective date—1975-’76 2nd ex.s. c 38: "This 1976 amendatory act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1976." [1975-’76 2nd ex.s. c 38 §
21.]
(2002 Ed.)
9A.08.010
Severability—1975-’76 2nd ex.s. c 38: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 38 § 20.]
9A.08.030 Corporate and personal liability. (1) As
used in this section:
(a) "Agent" means any director, officer, or employee of
a corporation, or any other person who is authorized to act
on behalf of the corporation;
(b) "Corporation" includes a joint stock association;
(c) "High managerial agent" means an officer or director
of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate
policy or the supervision in a managerial capacity of subordinate employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of an
omission to discharge a specific duty of performance
imposed on corporations by law; or
(b) The conduct constituting the offense is engaged in,
authorized, solicited, requested, commanded, or tolerated by
the board of directors or by a high managerial agent acting
within the scope of his employment and on behalf of the
corporation; or
(c) The conduct constituting the offense is engaged in
by an agent of the corporation, other than a high managerial
agent, while acting within the scope of his employment and
in behalf of the corporation and (i) the offense is a gross
misdemeanor or misdemeanor, or (ii) the offense is one
defined by a statute which clearly indicates a legislative
intent to impose such criminal liability on a corporation.
(3) A person is criminally liable for conduct constituting
an offense which he performs or causes to be performed in
the name of or on behalf of a corporation to the same extent
as if such conduct were performed in his own name or behalf.
(4) Whenever a duty to act is imposed by law upon a
corporation, any agent of the corporation who knows he has
or shares primary responsibility for the discharge of the duty
is criminally liable for a reckless or, if a high managerial
agent, criminally negligent omission to perform the required
act to the same extent as if the duty were by law imposed
directly upon such agent.
(5) Every corporation, whether foreign or domestic,
which shall violate any provision of RCW 9A.28.040, shall
forfeit every right and franchise to do business in this state.
The attorney general shall begin and conduct all actions and
proceedings necessary to enforce the provisions of this
subsection. [1975 1st ex.s. c 260 § 9A.08.030.]
Chapter 9A.12
INSANITY
Sections
9A.12.010
Insanity.
9A.12.010 Insanity. To establish the defense of
insanity, it must be shown that:
[Title 9A RCW—page 5]
9A.12.010
Title 9A RCW: Washington Criminal Code
(1) At the time of the commission of the offense, as a
result of mental disease or defect, the mind of the actor was
affected to such an extent that:
(a) He was unable to perceive the nature and quality of
the act with which he is charged; or
(b) He was unable to tell right from wrong with
reference to the particular act charged.
(2) The defense of insanity must be established by a
preponderance of the evidence. [1975 1st ex.s. c 260 §
9A.12.010.]
Chapter 9A.16
DEFENSES
Sections
9A.16.010
9A.16.020
9A.16.030
9A.16.040
9A.16.050
9A.16.060
9A.16.070
9A.16.080
9A.16.090
9A.16.100
9A.16.110
Definitions.
Use of force—When lawful.
Homicide—When excusable.
Justifiable homicide or use of deadly force by public officer,
peace officer, person aiding.
Homicide—By other person—When justifiable.
Duress.
Entrapment.
Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
Intoxication.
Use of force on children—Policy—Actions presumed unreasonable.
Defending against violent crime—Reimbursement.
question did not reasonably appear to be intended to be open
to members of the public;
(5) Whenever used by a carrier of passengers or the
carrier’s authorized agent or servant, or other person assisting them at their request in expelling from a carriage,
railway car, vessel, or other vehicle, a passenger who refuses
to obey a lawful and reasonable regulation prescribed for the
conduct of passengers, if such vehicle has first been stopped
and the force used is not more than is necessary to expel the
offender with reasonable regard to the offender’s personal
safety;
(6) Whenever used by any person to prevent a mentally
ill, mentally incompetent, or mentally disabled person from
committing an act dangerous to any person, or in enforcing
necessary restraint for the protection or restoration to health
of the person, during such period only as is necessary to
obtain legal authority for the restraint or custody of the
person. [1986 c 149 § 2; 1979 ex.s. c 244 § 7; 1977 ex.s.
c 80 § 13; 1975 1st ex.s. c 260 § 9A.16.020.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
9A.16.030 Homicide—When excusable. Homicide
is excusable when committed by accident or misfortune in
doing any lawful act by lawful means, without criminal
negligence, or without any unlawful intent. [1979 ex.s. c
244 § 8; 1975 1st ex.s. c 260 § 9A.16.030.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
9A.16.010 Definitions. In this chapter, unless a
different meaning is plainly required:
(1) "Necessary" means that no reasonably effective
alternative to the use of force appeared to exist and that the
amount of force used was reasonable to effect the lawful
purpose intended.
(2) "Deadly force" means the intentional application of
force through the use of firearms or any other means
reasonably likely to cause death or serious physical injury.
[1986 c 209 § 1; 1975 1st ex.s. c 260 § 9A.16.010.]
9A.16.020 Use of force—When lawful. The use,
attempt, or offer to use force upon or toward the person of
another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the
performance of a legal duty, or a person assisting the officer
and acting under the officer’s direction;
(2) Whenever necessarily used by a person arresting one
who has committed a felony and delivering him or her to a
public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by
another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a
malicious trespass, or other malicious interference with real
or personal property lawfully in his or her possession, in
case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain
someone who enters or remains unlawfully in a building or
on real property lawfully in the possession of such person,
so long as such detention is reasonable in duration and manner to investigate the reason for the detained person’s
presence on the premises, and so long as the premises in
[Title 9A RCW—page 6]
9A.16.040 Justifiable homicide or use of deadly
force by public officer, peace officer, person aiding. (1)
Homicide or the use of deadly force is justifiable in the
following cases:
(a) When a public officer is acting in obedience to the
judgment of a competent court; or
(b) When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process,
mandate, or order of a court or officer, or in the discharge
of a legal duty.
(c) When necessarily used by a peace officer or person
acting under the officer’s command and in the officer’s aid:
(i) To arrest or apprehend a person who the officer
reasonably believes has committed, has attempted to commit,
is committing, or is attempting to commit a felony;
(ii) To prevent the escape of a person from a federal or
state correctional facility or in retaking a person who escapes
from such a facility; or
(iii) To prevent the escape of a person from a county or
city jail or holding facility if the person has been arrested
for, charged with, or convicted of a felony; or
(iv) To lawfully suppress a riot if the actor or another
participant is armed with a deadly weapon.
(2) In considering whether to use deadly force under
subsection (1)(c) of this section, to arrest or apprehend any
person for the commission of any crime, the peace officer
must have probable cause to believe that the suspect, if not
apprehended, poses a threat of serious physical harm to the
officer or a threat of serious physical harm to others.
Among the circumstances which may be considered by peace
(2002 Ed.)
Defenses
officers as a "threat of serious physical harm" are the following:
(a) The suspect threatens a peace officer with a weapon
or displays a weapon in a manner that could reasonably be
construed as threatening; or
(b) There is probable cause to believe that the suspect
has committed any crime involving the infliction or threatened infliction of serious physical harm.
Under these circumstances deadly force may also be
used if necessary to prevent escape from the officer, where,
if feasible, some warning is given.
(3) A public officer or peace officer shall not be held
criminally liable for using deadly force without malice and
with a good faith belief that such act is justifiable pursuant
to this section.
(4) This section shall not be construed as:
(a) Affecting the permissible use of force by a person
acting under the authority of RCW 9A.16.020 or 9A.16.050;
or
(b) Preventing a law enforcement agency from adopting
standards pertaining to its use of deadly force that are more
restrictive than this section. [1986 c 209 § 2; 1975 1st ex.s.
c 260 § 9A.16.040.]
Legislative recognition: "The legislature recognizes that RCW
9A.16.040 establishes a dual standard with respect to the use of deadly force
by peace officers and private citizens, and further recognizes that private
citizens’ permissible use of deadly force under the authority of RCW
9.01.200, 9A.16.020, or 9A.16.050 is not restricted and remains broader
than the limitations imposed on peace officers." [1986 c 209 § 3.]
9A.16.050 Homicide—By other person—When
justifiable. Homicide is also justifiable when committed
either:
(1) In the lawful defense of the slayer, or his or her
husband, wife, parent, child, brother, or sister, or of any
other person in his presence or company, when there is
reasonable ground to apprehend a design on the part of the
person slain to commit a felony or to do some great personal
injury to the slayer or to any such person, and there is
imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a
felony upon the slayer, in his presence, or upon or in a
dwelling, or other place of abode, in which he is. [1975 1st
ex.s. c 260 § 9A.16.050.]
9A.16.060 Duress. (1) In any prosecution for a crime,
it is a defense that:
(a) The actor participated in the crime under compulsion
by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or
she or another would be liable to immediate death or immediate grievous bodily injury; and
(b) That such apprehension was reasonable upon the
part of the actor; and
(c) That the actor would not have participated in the
crime except for the duress involved.
(2) The defense of duress is not available if the crime
charged is murder, manslaughter, or homicide by abuse.
(3) The defense of duress is not available if the actor
intentionally or recklessly places himself or herself in a
situation in which it is probable that he or she will be
subject to duress.
(2002 Ed.)
9A.16.040
(4) The defense of duress is not established solely by a
showing that a married person acted on the command of his
or her spouse. [1999 c 60 § 1; 1975 1st ex.s. c 260 §
9A.16.060.]
9A.16.070 Entrapment. (1) In any prosecution for a
crime, it is a defense that:
(a) The criminal design originated in the mind of law
enforcement officials, or any person acting under their
direction, and
(b) The actor was lured or induced to commit a crime
which the actor had not otherwise intended to commit.
(2) The defense of entrapment is not established by a
showing only that law enforcement officials merely afforded
the actor an opportunity to commit a crime. [1975 1st ex.s.
c 260 § 9A.16.070.]
9A.16.080 Action for being detained on mercantile
establishment premises for investigation—"Reasonable
grounds" as defense. In any criminal action brought by
reason of any person having been detained on or in the
immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the
ownership of any merchandise, it shall be a defense of such
action that the person was detained in a reasonable manner
and for not more than a reasonable time to permit such
investigation or questioning by a peace officer, by the owner
of the mercantile establishment, or by the owner’s authorized
employee or agent, and that such peace officer, owner,
employee, or agent had reasonable grounds to believe that
the person so detained was committing or attempting to
commit theft or shoplifting on such premises of such
merchandise. As used in this section, "reasonable grounds"
shall include, but not be limited to, knowledge that a person
has concealed possession of unpurchased merchandise of a
mercantile establishment, and a "reasonable time" shall mean
the time necessary to permit the person detained to make a
statement or to refuse to make a statement, and the time
necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. [1975 1st ex.s. c 260 § 9A.16.080.]
9A.16.090 Intoxication. No act committed by a
person while in a state of voluntary intoxication shall be
deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a
necessary element to constitute a particular species or degree
of crime, the fact of his intoxication may be taken into
consideration in determining such mental state. [1975 1st
ex.s. c 260 § 9A.16.090.]
9A.16.100 Use of force on children—Policy—
Actions presumed unreasonable. It is the policy of this
state to protect children from assault and abuse and to
encourage parents, teachers, and their authorized agents to
use methods of correction and restraint of children that are
not dangerous to the children. However, the physical
discipline of a child is not unlawful when it is reasonable
and moderate and is inflicted by a parent, teacher, or
guardian for purposes of restraining or correcting the child.
Any use of force on a child by any other person is unlawful
[Title 9A RCW—page 7]
9A.16.100
Title 9A RCW: Washington Criminal Code
unless it is reasonable and moderate and is authorized in
advance by the child’s parent or guardian for purposes of
restraining or correcting the child.
The following actions are presumed unreasonable when
used to correct or restrain a child: (1) Throwing, kicking,
burning, or cutting a child; (2) striking a child with a closed
fist; (3) shaking a child under age three; (4) interfering with
a child’s breathing; (5) threatening a child with a deadly
weapon; or (6) doing any other act that is likely to cause and
which does cause bodily harm greater than transient pain or
minor temporary marks. The age, size, and condition of the
child and the location of the injury shall be considered when
determining whether the bodily harm is reasonable or
moderate. This list is illustrative of unreasonable actions
and is not intended to be exclusive. [1986 c 149 § 1.]
9A.16.110 Defending against violent crime—
Reimbursement. (1) No person in the state shall be placed
in legal jeopardy of any kind whatsoever for protecting by
any reasonable means necessary, himself or herself, his or
her family, or his or her real or personal property, or for
coming to the aid of another who is in imminent danger of
or the victim of assault, robbery, kidnapping, arson, burglary,
rape, murder, or any other violent crime as defined in RCW
9.94A.030.
(2) When a person charged with a crime listed in
subsection (1) of this section is found not guilty by reason
of self-defense, the state of Washington shall reimburse the
defendant for all reasonable costs, including loss of time,
legal fees incurred, and other expenses involved in his or her
defense. This reimbursement is not an independent cause of
action. To award these reasonable costs the trier of fact
must find that the defendant’s claim of self-defense was
sustained by a preponderance of the evidence. If the trier of
fact makes a determination of self-defense, the judge shall
determine the amount of the award.
(3) Notwithstanding a finding that a defendant’s actions
were justified by self-defense, if the trier of fact also
determines that the defendant was engaged in criminal
conduct substantially related to the events giving rise to the
charges filed against the defendant the judge may deny or
reduce the amount of the award. In determining the amount
of the award, the judge shall also consider the seriousness of
the initial criminal conduct.
Nothing in this section precludes the legislature from
using the sundry claims process to grant an award where
none was granted under this section or to grant a higher
award than one granted under this section.
(4) Whenever the issue of self-defense under this section
is decided by a judge, the judge shall consider the same
questions as must be answered in the special verdict under
subsection (4) [(5)] of this section.
(5) Whenever the issue of self-defense under this section
has been submitted to a jury, and the jury has found the
defendant not guilty, the court shall instruct the jury to return
a special verdict in substantially the following form:
answer
yes or no
1. Was the finding of not guilty based upon
self-defense?
.....
[Title 9A RCW—page 8]
2. If your answer to question 1 is no, do not
answer the remaining question.
3. If your answer to question 1 is yes, was
the defendant:
a. Protecting himself or herself?
.
b. Protecting his or her family?
.
c. Protecting his or her property?
.
d. Coming to the aid of another who was in
imminent danger of a heinous crime?
.
e. Coming to the aid of another who was the
victim of a heinous crime?
.
f. Engaged in criminal conduct substantially
related to the events giving rise to the
crime with which the defendant is charged?.
....
....
....
....
....
....
[1995 c 44 § 1; 1989 c 94 § 1; 1977 ex.s. c 206 § 8.
Formerly RCW 9.01.200.]
Use of deadly force—Legislative recognition: See note following
RCW 9A.16.040.
Chapter 9A.20
CLASSIFICATION OF CRIMES
Sections
9A.20.010
9A.20.020
Classification and designation of crimes.
Authorized sentences for crimes committed before July 1,
1984.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and
after.
9A.20.030 Alternative to a fine—Restitution.
9A.20.040 Prosecutions related to felonies defined outside Title 9A
RCW.
Assessments required of convicted persons
offender supervision: RCW 9.94A.780.
parolees: RCW 72.04A.120.
probationers: RCW 10.64.120.
9A.20.010 Classification and designation of crimes.
(1) Classified Felonies. (a) The particular classification of
each felony defined in Title 9A RCW is expressly designated
in the section defining it.
(b) For purposes of sentencing, classified felonies are
designated as one of three classes, as follows:
(i) Class A felony; or
(ii) Class B felony; or
(iii) Class C felony.
(2) Misdemeanors and Gross Misdemeanors. (a) Any
crime punishable by a fine of not more than one thousand
dollars, or by imprisonment in a county jail for not more
than ninety days, or by both such fine and imprisonment is
a misdemeanor. Whenever the performance of any act is
prohibited by any statute, and no penalty for the violation of
such statute is imposed, the committing of such act shall be
a misdemeanor.
(b) All crimes other than felonies and misdemeanors are
gross misdemeanors. [1984 c 258 § 808; 1975 1st ex.s. c
260 § 9A.20.010.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
9A.20.020 Authorized sentences for crimes committed before July 1, 1984. (1) Felony. Every person convicted of a classified felony shall be punished as follows:
(2002 Ed.)
Classification of Crimes
(a) For a class A felony, by imprisonment in a state
correctional institution for a maximum term fixed by the
court of not less than twenty years, or by a fine in an
amount fixed by the court of not more than fifty thousand
dollars, or by both such imprisonment and fine;
(b) For a class B felony, by imprisonment in a state
correctional institution for a maximum term of not more than
ten years, or by a fine in an amount fixed by the court of not
more than twenty thousand dollars, or by both such imprisonment and fine;
(c) For a class C felony, by imprisonment in a state
correctional institution for a maximum term of not more than
five years, or by a fine in an amount fixed by the court of
not more than ten thousand dollars, or by both such imprisonment and fine.
(2) Gross Misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be
punished by imprisonment in the county jail for a maximum
term fixed by the court of not more than one year, or by a
fine in an amount fixed by the court of not more than five
thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed
by the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand
dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
prior to July 1, 1984. [1982 c 192 § 9; 1981 c 137 § 37;
1975-’76 2nd ex.s. c 38 § 2; 1975 1st ex.s. c 260 §
9A.20.020.]
Severability—1981 c 137: See RCW 9.94A.910.
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. (1) Felony. No person
convicted of a classified felony shall be punished by confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state
correctional institution for a term of life imprisonment, or by
a fine in an amount fixed by the court of fifty thousand
dollars, or by both such confinement and fine;
(b) For a class B felony, by confinement in a state
correctional institution for a term of ten years, or by a fine
in an amount fixed by the court of twenty thousand dollars,
or by both such confinement and fine;
(c) For a class C felony, by confinement in a state
correctional institution for five years, or by a fine in an
amount fixed by the court of ten thousand dollars, or by both
such confinement and fine.
(2) Gross misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be
punished by imprisonment in the county jail for a maximum
term fixed by the court of not more than one year, or by a
fine in an amount fixed by the court of not more than five
thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed
(2002 Ed.)
9A.20.020
by the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand
dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
on or after July 1, 1984. [1982 c 192 § 10.]
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
9A.20.030 Alternative to a fine—Restitution. (1) If
a person has gained money or property or caused a victim to
lose money or property through the commission of a crime,
upon conviction thereof or when the offender pleads guilty
to a lesser offense or fewer offenses and agrees with the
prosecutor’s recommendation that the offender be required
to pay restitution to a victim of an offense or offenses which
are not prosecuted pursuant to a plea agreement, the court,
in lieu of imposing the fine authorized for the offense under
RCW 9A.20.020, may order the defendant to pay an amount,
fixed by the court, not to exceed double the amount of the
defendant’s gain or victim’s loss from the commission of a
crime. Such amount may be used to provide restitution to
the victim at the order of the court. It shall be the duty of
the prosecuting attorney to investigate the alternative of
restitution, and to recommend it to the court, when the
prosecuting attorney believes that restitution is appropriate
and feasible. If the court orders restitution, the court shall
make a finding as to the amount of the defendant’s gain or
victim’s loss from the crime, and if the record does not
contain sufficient evidence to support such finding the court
may conduct a hearing upon the issue. For purposes of this
section, the terms "gain" or "loss" refer to the amount of
money or the value of property or services gained or lost.
(2) Notwithstanding any other provision of law, this
section also applies to any corporation or joint stock association found guilty of any crime. [1982 1st ex.s. c 47 § 12;
1979 c 29 § 3; 1975 1st ex.s. c 260 § 9A.20.030.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Restitution
condition of probation: RCW 9.95.210.
condition to suspending sentence: RCW 9.92.060.
disposition when victim dead or not found: RCW 7.68.290.
9A.20.040 Prosecutions related to felonies defined
outside Title 9A RCW. In any prosecution under this title
where the grade or degree of a crime is determined by
reference to the degree of a felony for which the defendant
or another previously had been sought, arrested, charged,
convicted, or sentenced, if such felony is defined by a statute
of this state which is not in Title 9A RCW, unless otherwise
provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years
or more, such felony shall be treated as a class A felony for
purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or
more, but less than twenty years, such felony shall be treated
as a class B felony for purposes of this title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than
eight years, such felony shall be treated as a class C felony
[Title 9A RCW—page 9]
9A.20.040
Title 9A RCW: Washington Criminal Code
for purposes of this title. [1975 1st ex.s. c 260 §
9A.20.040.]
Chapter 9A.28
ANTICIPATORY OFFENSES
Sections
9A.28.010
9A.28.020
9A.28.030
9A.28.040
Prosecutions based on felonies defined outside Title 9A
RCW.
Criminal attempt.
Criminal solicitation.
Criminal conspiracy.
9A.28.010 Prosecutions based on felonies defined
outside Title 9A RCW. In any prosecution under this title
for attempt, solicitation, or conspiracy to commit a felony
defined by a statute of this state which is not in this title,
unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years
or more, such felony shall be treated as a class A felony for
purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or
more but less than twenty years, such felony shall be treated
as a class B felony for purposes of this title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than
eight years, such felony shall be treated as a class C felony
for purposes of this title. [1975 1st ex.s. c 260 §
9A.28.010.]
9A.28.020 Criminal attempt. (1) A person is guilty
of an attempt to commit a crime if, with intent to commit a
specific crime, he or she does any act which is a substantial
step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no defense to
a prosecution of such attempt that the crime charged to have
been attempted was, under the attendant circumstances,
factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder
in the first degree, murder in the second degree, arson in the
first degree, child molestation in the first degree, indecent
liberties by forcible compulsion, rape in the first degree, rape
in the second degree, rape of a child in the first degree, or
rape of a child in the second degree;
(b) Class B felony when the crime attempted is a class
A felony other than an offense listed in (a) of this subsection;
(c) Class C felony when the crime attempted is a class
B felony;
(d) Gross misdemeanor when the crime attempted is a
class C felony;
(e) Misdemeanor when the crime attempted is a gross
misdemeanor or misdemeanor. [2001 2nd sp.s. c 12 § 354;
1994 c 271 § 101; 1981 c 203 § 3; 1975 1st ex.s. c 260 §
9A.28.020.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
[Title 9A RCW—page 10]
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—1994 c 271: "The purpose of chapter 271, Laws of 1994
is to make certain technical corrections and correct oversights discovered
only after unanticipated circumstances have arisen. These changes are
necessary to give full expression to the original intent of the legislature."
[1994 c 271 § 1.]
Severability—1994 c 271: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 271 § 1103.]
9A.28.030 Criminal solicitation. (1) A person is
guilty of criminal solicitation when, with intent to promote
or facilitate the commission of a crime, he offers to give or
gives money or other thing of value to another to engage in
specific conduct which would constitute such crime or which
would establish complicity of such other person in its
commission or attempted commission had such crime been
attempted or committed.
(2) Criminal solicitation shall be punished in the same
manner as criminal attempt under RCW 9A.28.020. [1975
1st ex.s. c 260 § 9A.28.030.]
9A.28.040 Criminal conspiracy. (1) A person is
guilty of criminal conspiracy when, with intent that conduct
constituting a crime be performed, he or she agrees with one
or more persons to engage in or cause the performance of
such conduct, and any one of them takes a substantial step
in pursuance of such agreement.
(2) It shall not be a defense to criminal conspiracy that
the person or persons with whom the accused is alleged to
have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense; or
(f) Is a law enforcement officer or other government
agent who did not intend that a crime be committed.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the conspiratorial
agreement is murder in the first degree;
(b) Class B felony when an object of the conspiratorial
agreement is a class A felony other than murder in the first
degree;
(c) Class C felony when an object of the conspiratorial
agreement is a class B felony;
(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;
(e) Misdemeanor when an object of the conspiratorial
agreement is a gross misdemeanor or misdemeanor. [1997
c 17 § 1; 1975 1st ex.s. c 260 § 9A.28.040.]
Chapter 9A.32
HOMICIDE
Sections
9A.32.010
9A.32.020
9A.32.030
9A.32.040
9A.32.050
Homicide defined.
Premeditation—Limitations.
Murder in the first degree.
Murder in the first degree—Sentence.
Murder in the second degree.
(2002 Ed.)
Homicide
9A.32.055 Homicide by abuse.
9A.32.060 Manslaughter in the first degree.
9A.32.070 Manslaughter in the second degree.
Capital punishment—Aggravated first degree murder: Chapter 10.95 RCW.
Controlled substances homicide: RCW 69.50.415.
9A.32.010 Homicide defined. Homicide is the killing
of a human being by the act, procurement, or omission of
another, death occurring at any time, and is either (1)
murder, (2) homicide by abuse, (3) manslaughter, (4)
excusable homicide, or (5) justifiable homicide. [1997 c 196
§ 3; 1987 c 187 § 2; 1983 c 10 § 1; 1975 1st ex.s. c 260 §
9A.32.010.]
Excusable homicide: RCW 9A.16.030.
Justifiable homicide: RCW 9A.16.040 and 9A.16.050.
9A.32.020 Premeditation—Limitations. (1) As used
in this chapter, the premeditation required in order to support
a conviction of the crime of murder in the first degree must
involve more than a moment in point of time.
(2) Nothing contained in this chapter shall affect RCW
46.61.520. [1975 1st ex.s. c 260 § 9A.32.020.]
9A.32.030 Murder in the first degree. (1) A person
is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of
another person, he or she causes the death of such person or
of a third person; or
(b) Under circumstances manifesting an extreme
indifference to human life, he or she engages in conduct
which creates a grave risk of death to any person, and
thereby causes the death of a person; or
(c) He or she commits or attempts to commit the crime
of either (1) robbery in the first or second degree, (2) rape
in the first or second degree, (3) burglary in the first degree,
(4) arson in the first or second degree, or (5) kidnapping in
the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or
she, or another participant, causes the death of a person other
than one of the participants: Except that in any prosecution
under this subdivision (1)(c) in which the defendant was not
the only participant in the underlying crime, if established by
the defendant by a preponderance of the evidence, it is a
defense that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the
commission thereof; and
(ii) Was not armed with a deadly weapon, or any
instrument, article, or substance readily capable of causing
death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument,
article, or substance; and
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in
death or serious physical injury.
(2) Murder in the first degree is a class A felony. [1990
c 200 § 1; 1975-’76 2nd ex.s. c 38 § 3; 1975 1st ex.s. c 260
§ 9A.32.030.]
Chapter 9A.32
9A.32.040 Murder in the first degree—Sentence.
Notwithstanding RCW 9A.32.030(2), any person convicted
of the crime of murder in the first degree shall be sentenced
to life imprisonment. [1982 c 10 § 2. Prior: (1) 1981 c
138 § 21; 1977 ex.s. c 206 § 3; 1975 1st ex.s. c 260 §
9A.32.040. (2) 1981 c 136 § 55 repealed by 1982 c 10 §
18.]
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 138: See RCW 10.95.900.
Effective date—1981 c 136: See RCW 72.09.900.
Capital punishment—Aggravated first degree murder: Chapter 10.95 RCW.
9A.32.050 Murder in the second degree. (1) A
person is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but
without premeditation, he causes the death of such person or
of a third person; or
(b) He commits or attempts to commit any felony other
than those enumerated in RCW 9A.32.030(1)(c), and, in the
course of and in furtherance of such crime or in immediate
flight therefrom, he, or another participant, causes the death
of a person other than one of the participants; except that in
any prosecution under this subdivision (1)(b) in which the
defendant was not the only participant in the underlying
crime, if established by the defendant by a preponderance of
the evidence, it is a defense that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the
commission thereof; and
(ii) Was not armed with a deadly weapon, or any
instrument, article, or substance readily capable of causing
death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument,
article, or substance; and
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in
death or serious physical injury.
(2) Murder in the second degree is a class A felony.
[1975-’76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260 §
9A.32.050.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.32.055 Homicide by abuse. (1) A person is guilty
of homicide by abuse if, under circumstances manifesting an
extreme indifference to human life, the person causes the
death of a child or person under sixteen years of age, a developmentally disabled person, or a dependent adult, and the
person has previously engaged in a pattern or practice of
assault or torture of said child, person under sixteen years of
age, developmentally disabled person, or dependent person.
(2) As used in this section, "dependent adult" means a
person who, because of physical or mental disability, or
because of extreme advanced age, is dependent upon another
person to provide the basic necessities of life.
(3) Homicide by abuse is a class A felony. [1987 c 187
§ 1.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
(2002 Ed.)
[Title 9A RCW—page 11]
9A.32.060
Title 9A RCW: Washington Criminal Code
9A.32.060 Manslaughter in the first degree. (1) A
person is guilty of manslaughter in the first degree when:
(a) He recklessly causes the death of another person; or
(b) He intentionally and unlawfully kills an unborn
quick child by inflicting any injury upon the mother of such
child.
(2) Manslaughter in the first degree is a class A felony.
[1997 c 365 § 5; 1975 1st ex.s. c 260 § 9A.32.060.]
9A.32.070 Manslaughter in the second degree. (1)
A person is guilty of manslaughter in the second degree
when, with criminal negligence, he causes the death of
another person.
(2) Manslaughter in the second degree is a class B
felony. [1997 c 365 § 6; 1975 1st ex.s. c 260 § 9A.32.070.]
Chapter 9A.36
ASSAULT—PHYSICAL HARM
Sections
9A.36.011
9A.36.021
9A.36.031
9A.36.041
9A.36.045
9A.36.050
9A.36.060
9A.36.070
9A.36.078
9A.36.080
9A.36.083
9A.36.090
9A.36.100
9A.36.120
9A.36.130
9A.36.140
9A.36.150
Assault in the first degree.
Assault in the second degree.
Assault in the third degree.
Assault in the fourth degree.
Drive-by shooting.
Reckless endangerment.
Promoting a suicide attempt.
Coercion.
Malicious harassment—Finding.
Malicious harassment—Definition and criminal penalty.
Malicious harassment—Civil action.
Threats against governor or family.
Custodial assault.
Assault of a child in the first degree.
Assault of a child in the second degree.
Assault of a child in the third degree.
Interfering with the reporting of domestic violence.
9A.36.011 Assault in the first degree. (1) A person
is guilty of assault in the first degree if he or she, with intent
to inflict great bodily harm:
(a) Assaults another with a firearm or any deadly
weapon or by any force or means likely to produce great
bodily harm or death; or
(b) Administers, exposes, or transmits to or causes to be
taken by another, poison, the human immunodeficiency virus
as defined in chapter 70.24 RCW, or any other destructive
or noxious substance; or
(c) Assaults another and inflicts great bodily harm.
(2) Assault in the first degree is a class A felony. [1997
c 196 § 1; 1986 c 257 § 4.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
9A.36.021 Assault in the second degree. (1) A
person is guilty of assault in the second degree if he or she,
under circumstances not amounting to assault in the first
degree:
(a) Intentionally assaults another and thereby recklessly
inflicts substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial
bodily harm to an unborn quick child by intentionally and
[Title 9A RCW—page 12]
unlawfully inflicting any injury upon the mother of such
child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or
causes to be taken by another, poison or any other destructive or noxious substance; or
(e) With intent to commit a felony, assaults another; or
(f) Knowingly inflicts bodily harm which by design
causes such pain or agony as to be the equivalent of that
produced by torture.
(2) Assault in the second degree is a class B felony,
except that assault in the second degree with a finding of
sexual motivation under RCW *9.94A.835 or 13.40.135 is a
class A felony. [2001 2nd sp.s. c 12 § 355; 1997 c 196 § 2.
Prior: 1988 c 266 § 2; 1988 c 206 § 916; 1988 c 158 § 2;
1987 c 324 § 2; 1986 c 257 § 5.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—1988 c 266: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1988." [1988 c 266 § 3.]
Effective date—1988 c 206 §§ 916, 917: "Sections 916 and 917 of
this act shall take effect July 1, 1988." [1988 c 206 § 922.]
Severability—1988 c 206: See RCW 70.24.900.
Effective date—1988 c 158: See note following RCW 9A.04.110.
Effective date—1987 c 324: See note following RCW 9A.04.110.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
9A.36.031 Assault in the third degree. (1) A person
is guilty of assault in the third degree if he or she, under
circumstances not amounting to assault in the first or second
degree:
(a) With intent to prevent or resist the execution of any
lawful process or mandate of any court officer or the lawful
apprehension or detention of himself or another person,
assaults another; or
(b) Assaults a person employed as a transit operator or
driver, the immediate supervisor of a transit operator or
driver, a mechanic, or a security officer, by a public or
private transit company or a contracted transit service
provider, while that person is performing his or her official
duties at the time of the assault; or
(c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed
by a school district transportation service or a private
company under contract for transportation services with a
school district, while the person is performing his or her
official duties at the time of the assault; or
(d) With criminal negligence, causes bodily harm to
another person by means of a weapon or other instrument or
thing likely to produce bodily harm; or
(e) Assaults a fire fighter or other employee of a fire
department, county fire marshal’s office, county fire prevention bureau, or fire protection district who was performing
his or her official duties at the time of the assault; or
(2002 Ed.)
Assault—Physical Harm
(f) With criminal negligence, causes bodily harm
accompanied by substantial pain that extends for a period
sufficient to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or
her official duties at the time of the assault; or
(h) Assaults a nurse, physician, or health care provider
who was performing his or her nursing or health care duties
at the time of the assault. For purposes of this subsection:
"Nurse" means a person licensed under chapter 18.79 RCW;
"physician" means a person licensed under chapter 18.57 or
18.71 RCW; and "health care provider" means a person
certified under chapter 18.71 or 18.73 RCW who performs
emergency medical services or a person regulated under Title
18 RCW and employed by, or contracting with, a hospital
licensed under chapter 70.41 RCW.
(2) Assault in the third degree is a class C felony.
[1999 c 328 § 1; 1998 c 94 § 1; 1997 c 172 § 1; 1996 c 266
§ 1; 1990 c 236 § 1; 1989 c 169 § 1; 1988 c 158 § 3; 1986
c 257 § 6.]
Effective date—1988 c 158: See note following RCW 9A.04.110.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
9A.36.041 Assault in the fourth degree. (1) A
person is guilty of assault in the fourth degree if, under
circumstances not amounting to assault in the first, second,
or third degree, or custodial assault, he or she assaults
another.
(2) Assault in the fourth degree is a gross misdemeanor.
[1987 c 188 § 2; 1986 c 257 § 7.]
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
Effective date—1987 c 188: See note following RCW 9A.36.100.
Severability—1986 c 257: See note following RCW 9A.56.010.
9A.36.045 Drive-by shooting. (1) A person is guilty
of drive-by shooting when he or she recklessly discharges a
firearm as defined in RCW 9.41.010 in a manner which
creates a substantial risk of death or serious physical injury
to another person and the discharge is either from a motor
vehicle or from the immediate area of a motor vehicle that
was used to transport the shooter or the firearm, or both, to
the scene of the discharge.
(2) A person who unlawfully discharges a firearm from
a moving motor vehicle may be inferred to have engaged in
reckless conduct, unless the discharge is shown by evidence
satisfactory to the trier of fact to have been made without
such recklessness.
(3) Drive-by shooting is a class B felony. [1997 c 338
§ 44; 1995 c 129 § 8 (Initiative Measure No. 159); (1994
sp.s. c 7 § 511 repealed by 1995 c 129 § 19 (Initiative
Measure No. 159)); 1989 c 271 § 109.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
(2002 Ed.)
9A.36.031
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note
following RCW 9A.36.050.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
9A.36.050 Reckless endangerment. (1) A person is
guilty of reckless endangerment when he or she recklessly
engages in conduct not amounting to drive-by shooting but
that creates a substantial risk of death or serious physical
injury to another person.
(2) Reckless endangerment is a gross misdemeanor.
[1997 c 338 § 45; 1989 c 271 § 110; 1975 1st ex.s. c 260 §
9A.36.050.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: "The
legislature finds that increased trafficking in illegal drugs has increased the
likelihood of "drive-by shootings." It is the intent of the legislature in
sections 102, 109, and 110 of this act to categorize such reckless and
criminal activity into a separate crime and to provide for an appropriate
punishment." [1989 c 271 § 108.]
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Criminal history and driving record: RCW 46.61.513.
9A.36.060 Promoting a suicide attempt. (1) A
person is guilty of promoting a suicide attempt when he
knowingly causes or aids another person to attempt suicide.
(2) Promoting a suicide attempt is a class C felony.
[1975 1st ex.s. c 260 § 9A.36.060.]
9A.36.070 Coercion. (1) A person is guilty of
coercion if by use of a threat he compels or induces a person
to engage in conduct which the latter has a legal right to
abstain from, or to abstain from conduct which he has a
legal right to engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) Threats as defined in RCW 9A.04.110(25)(a), (b), or
(c).
(3) Coercion is a gross misdemeanor. [1975 1st ex.s. c
260 § 9A.36.070.]
9A.36.078 Malicious harassment—Finding. The
legislature finds that crimes and threats against persons
because of their race, color, religion, ancestry, national
origin, gender, sexual orientation, or mental, physical, or
sensory handicaps are serious and increasing. The legislature also finds that crimes and threats are often directed
against interracial couples and their children or couples of
mixed religions, colors, ancestries, or national origins
because of bias and bigotry against the race, color, religion,
ancestry, or national origin of one person in the couple or
family. The legislature finds that the state interest in
preventing crimes and threats motivated by bigotry and bias
goes beyond the state interest in preventing other felonies or
[Title 9A RCW—page 13]
9A.36.078
Title 9A RCW: Washington Criminal Code
misdemeanors such as criminal trespass, malicious mischief,
assault, or other crimes that are not motivated by hatred,
bigotry, and bias, and that prosecution of those other crimes
inadequately protects citizens from crimes and threats
motivated by bigotry and bias. Therefore, the legislature
finds that protection of those citizens from threats of harm
due to bias and bigotry is a compelling state interest.
The legislature also finds that in many cases, certain discrete words or symbols are used to threaten the victims.
Those discrete words or symbols have historically or
traditionally been used to connote hatred or threats towards
members of the class of which the victim or a member of
the victim’s family or household is a member. In particular,
the legislature finds that cross burnings historically and
traditionally have been used to threaten, terrorize, intimidate,
and harass African Americans and their families. Cross
burnings often preceded lynchings, murders, burning of
homes, and other acts of terror. Further, Nazi swastikas
historically and traditionally have been used to threaten,
terrorize, intimidate, and harass Jewish people and their
families. Swastikas symbolize the massive destruction of the
Jewish population, commonly known as the holocaust.
Therefore, the legislature finds that any person who burns or
attempts to burn a cross or displays a swastika on the property of the victim or burns a cross or displays a swastika as
part of a series of acts directed towards a particular person,
the person’s family or household members, or a particular
group, knows or reasonably should know that the cross
burning or swastika may create a reasonable fear of harm in
the mind of the person, the person’s family and household
members, or the group.
The legislature also finds that a hate crime committed
against a victim because of the victim’s gender may be
identified in the same manner that a hate crime committed
against a victim of another protected group is identified.
Affirmative indications of hatred towards gender as a class
is the predominant factor to consider. Other factors to
consider include the perpetrator’s use of language, slurs, or
symbols expressing hatred towards the victim’s gender as a
class; the severity of the attack including mutilation of the
victim’s sexual organs; a history of similar attacks against
victims of the same gender by the perpetrator or a history of
similar incidents in the same area; a lack of provocation; an
absence of any other apparent motivation; and common
sense. [1993 c 127 § 1.]
Severability—1993 c 127: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 127 § 7.]
9A.36.080 Malicious harassment—Definition and
criminal penalty. (1) A person is guilty of malicious
harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim’s race, color, religion, ancestry, national
origin, gender, sexual orientation, or mental, physical, or
sensory handicap:
(a) Causes physical injury to the victim or another
person;
(b) Causes physical damage to or destruction of the
property of the victim or another person; or
[Title 9A RCW—page 14]
(c) Threatens a specific person or group of persons and
places that person, or members of the specific group of
persons, in reasonable fear of harm to person or property.
The fear must be a fear that a reasonable person would have
under all the circumstances. For purposes of this section, a
"reasonable person" is a reasonable person who is a member
of the victim’s race, color, religion, ancestry, national origin,
gender, or sexual orientation, or who has the same mental,
physical, or sensory handicap as the victim. Words alone do
not constitute malicious harassment unless the context or
circumstances surrounding the words indicate the words are
a threat. Threatening words do not constitute malicious
harassment if it is apparent to the victim that the person does
not have the ability to carry out the threat.
(2) In any prosecution for malicious harassment, unless
evidence exists which explains to the trier of fact’s satisfaction that the person did not intend to threaten the victim or
victims, the trier of fact may infer that the person intended
to threaten a specific victim or group of victims because of
the person’s perception of the victim’s or victims’ race,
color, religion, ancestry, national origin, gender, sexual
orientation, or mental, physical, or sensory handicap if the
person commits one of the following acts:
(a) Burns a cross on property of a victim who is or
whom the actor perceives to be of African American
heritage; or
(b) Defaces property of a victim who is or whom the
actor perceives to be of Jewish heritage by defacing the
property with a swastika.
This subsection only applies to the creation of a
reasonable inference for evidentiary purposes. This subsection does not restrict the state’s ability to prosecute a person
under subsection (1) of this section when the facts of a
particular case do not fall within (a) or (b) of this subsection.
(3) It is not a defense that the accused was mistaken
that the victim was a member of a certain race, color,
religion, ancestry, national origin, gender, or sexual orientation, or had a mental, physical, or sensory handicap.
(4) Evidence of expressions or associations of the
accused may not be introduced as substantive evidence at
trial unless the evidence specifically relates to the crime
charged. Nothing in this chapter shall affect the rules of
evidence governing impeachment of a witness.
(5) Every person who commits another crime during the
commission of a crime under this section may be punished
and prosecuted for the other crime separately.
(6) "Sexual orientation" for the purposes of this section
means heterosexuality, homosexuality, or bisexuality.
(7) Malicious harassment is a class C felony.
(8) The penalties provided in this section for malicious
harassment do not preclude the victims from seeking any
other remedies otherwise available under law.
(9) Nothing in this section confers or expands any civil
rights or protections to any group or class identified under
this section, beyond those rights or protections that exist
under the federal or state Constitution or the civil laws of the
state of Washington. [1993 c 127 § 2; 1989 c 95 § 1; 1984
c 268 § 1; 1981 c 267 § 1.]
Severability—1993 c 127: See note following RCW 9A.36.078.
Construction—1989 c 95: "The provisions of this act shall be
liberally construed in order to effectuate its purpose." [1989 c 95 § 3.]
(2002 Ed.)
Assault—Physical Harm
Severability—1989 c 95: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 95 § 4.]
Harassment: Chapters 9A.46 and 10.14 RCW.
9A.36.083 Malicious harassment—Civil action. In
addition to the criminal penalty provided in RCW 9A.36.080
for committing a crime of malicious harassment, the victim
may bring a civil cause of action for malicious harassment
against the harasser. A person may be liable to the victim
of malicious harassment for actual damages, punitive
damages of up to ten thousand dollars, and reasonable
attorneys’ fees and costs incurred in bringing the action.
[1993 c 127 § 3.]
Severability—1993 c 127: See note following RCW 9A.36.078.
9A.36.090 Threats against governor or family. (1)
Whoever knowingly and wilfully deposits for conveyance in
the mail or for a delivery from any post office or by any
letter carrier any letter, paper, writing, print, missive, or
document containing any threat to take the life of or to
inflict bodily harm upon the governor of the state or his
immediate family, the governor-elect, the lieutenant governor, other officer next in the order of succession to the office
of governor of the state, or the lieutenant governor-elect, or
knowingly and wilfully otherwise makes any such threat
against the governor, governor-elect, lieutenant governor,
other officer next in the order of succession to the office of
governor, or lieutenant governor-elect, shall be guilty of a
class C felony.
(2) As used in this section, the term "governor-elect"
and "lieutenant governor-elect" means such persons as are
the successful candidates for the offices of governor and
lieutenant governor, respectively, as ascertained from the
results of the general election. As used in this section, the
phrase "other officer next in the order of succession to the
office of governor" means the person other than the lieutenant governor next in order of succession to the office of
governor under Article 3, section 10 of the state Constitution.
(3) The Washington state patrol may investigate for
violations of this section. [1982 c 185 § 1.]
Reviser’s note: 1982 c 185 § 2 directed that this section constitute
a new chapter in Title 9 RCW. Since this placement appears inappropriate,
this section has been codified as part of chapter 9A.36 RCW.
9A.36.100 Custodial assault. (1) A person is guilty
of custodial assault if that person is not guilty of an assault
in the first or second degree and where the person:
(a) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any juvenile corrections
institution or local juvenile detention facilities who was
performing official duties at the time of the assault;
(b) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any adult corrections
institution or local adult detention facilities who was performing official duties at the time of the assault;
(c)(i) Assaults a full or part-time community correction
officer while the officer is performing official duties; or
(2002 Ed.)
9A.36.080
(ii) Assaults any other full or part-time employee who
is employed in a community corrections office while the
employee is performing official duties; or
(d) Assaults any volunteer who was assisting a person
described in (c) of this subsection at the time of the assault.
(2) Custodial assault is a class C felony. [1988 c 151
§ 1; 1987 c 188 § 1.]
Effective date—1987 c 188: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 188 § 3.]
9A.36.120 Assault of a child in the first degree. (1)
A person eighteen years of age or older is guilty of the
crime of assault of a child in the first degree if the child is
under the age of thirteen and the person:
(a) Commits the crime of assault in the first degree, as
defined in RCW 9A.36.011, against the child; or
(b) Intentionally assaults the child and either:
(i) Recklessly inflicts great bodily harm; or
(ii) Causes substantial bodily harm, and the person has
previously engaged in a pattern or practice either of (A)
assaulting the child which has resulted in bodily harm that
is greater than transient physical pain or minor temporary
marks, or (B) causing the child physical pain or agony that
is equivalent to that produced by torture.
(2) Assault of a child in the first degree is a class A
felony. [1992 c 145 § 1.]
9A.36.130 Assault of a child in the second degree.
(1) A person eighteen years of age or older is guilty of the
crime of assault of a child in the second degree if the child
is under the age of thirteen and the person:
(a) Commits the crime of assault in the second degree,
as defined in RCW 9A.36.021, against a child; or
(b) Intentionally assaults the child and causes bodily
harm that is greater than transient physical pain or minor
temporary marks, and the person has previously engaged in
a pattern or practice either of (i) assaulting the child which
has resulted in bodily harm that is greater than transient pain
or minor temporary marks, or (ii) causing the child physical
pain or agony that is equivalent to that produced by torture.
(2) Assault of a child in the second degree is a class B
felony. [1992 c 145 § 2.]
9A.36.140 Assault of a child in the third degree.
(1) A person eighteen years of age or older is guilty of the
crime of assault of a child in the third degree if the child is
under the age of thirteen and the person commits the crime
of assault in the third degree as defined in RCW
9A.36.031(1)(d) or (f) against the child.
(2) Assault of a child in the third degree is a class C
felony. [1992 c 145 § 3.]
9A.36.150 Interfering with the reporting of domestic violence. (1) A person commits the crime of interfering
with the reporting of domestic violence if the person:
(a) Commits a crime of domestic violence, as defined in
RCW 10.99.020; and
(b) Prevents or attempts to prevent the victim of or a
witness to that domestic violence crime from calling a 911
[Title 9A RCW—page 15]
9A.36.150
Title 9A RCW: Washington Criminal Code
emergency communication system, obtaining medical
assistance, or making a report to any law enforcement
official.
(2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
(3) Interference with the reporting of domestic violence
is a gross misdemeanor. [1996 c 248 § 3.]
Chapter 9A.40
KIDNAPPING, UNLAWFUL IMPRISONMENT, AND
CUSTODIAL INTERFERENCE
Sections
9A.40.010
9A.40.020
9A.40.030
9A.40.040
9A.40.060
9A.40.070
9A.40.080
9A.40.090
Definitions.
Kidnapping in the first degree.
Kidnapping in the second degree.
Unlawful imprisonment.
Custodial interference in the first degree.
Custodial interference in the second degree.
Custodial interference—Assessment of costs—Defense—
Consent defense, restricted.
Luring.
9A.40.010 Definitions. The following definitions
apply in this chapter:
(1) "Restrain" means to restrict a person’s movements
without consent and without legal authority in a manner
which interferes substantially with his liberty. Restraint is
"without consent" if it is accomplished by (a) physical force,
intimidation, or deception, or (b) any means including
acquiescence of the victim, if he is a child less than sixteen
years old or an incompetent person and if the parent,
guardian, or other person or institution having lawful control
or custody of him has not acquiesced.
(2) "Abduct" means to restrain a person by either (a)
secreting or holding him in a place where he is not likely to
be found, or (b) using or threatening to use deadly force;
(3) "Relative" means an ancestor, descendant, or sibling,
including a relative of the same degree through marriage or
adoption, or a spouse. [1975 1st ex.s. c 260 § 9A.40.010.]
9A.40.020 Kidnapping in the first degree. (1) A
person is guilty of kidnapping in the first degree if he
intentionally abducts another person with intent:
(a) To hold him for ransom or reward, or as a shield or
hostage; or
(b) To facilitate commission of any felony or flight
thereafter; or
(c) To inflict bodily injury on him; or
(d) To inflict extreme mental distress on him or a third
person; or
(e) To interfere with the performance of any governmental function.
(2) Kidnapping in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.40.020.]
9A.40.030 Kidnapping in the second degree. (1) A
person is guilty of kidnapping in the second degree if he or
she intentionally abducts another person under circumstances
not amounting to kidnapping in the first degree.
[Title 9A RCW—page 16]
(2) In any prosecution for kidnapping in the second
degree, it is a defense if established by the defendant by a
preponderance of the evidence that (a) the abduction does
not include the use of or intent to use or threat to use deadly
force, and (b) the actor is a relative of the person abducted,
and (c) the actor’s sole intent is to assume custody of that
person. Nothing contained in this paragraph shall constitute
a defense to a prosecution for, or preclude a conviction of,
any other crime.
(3) Kidnapping in the second degree is a class B felony,
except that kidnapping in the second degree with a finding
of sexual motivation under RCW *9.94A.835 or 13.40.135
is a class A felony. [2001 2nd sp.s. c 12 § 356; 1975 1st
ex.s. c 260 § 9A.40.030.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9A.40.040 Unlawful imprisonment. (1) A person is
guilty of unlawful imprisonment if he knowingly restrains
another person.
(2) Unlawful imprisonment is a class C felony. [1975
1st ex.s. c 260 § 9A.40.040.]
9A.40.060 Custodial interference in the first degree.
(1) A relative of a child under the age of eighteen or of an
incompetent person is guilty of custodial interference in the
first degree if, with the intent to deny access to the child or
incompetent person by a parent, guardian, institution, agency,
or other person having a lawful right to physical custody of
such person, the relative takes, entices, retains, detains, or
conceals the child or incompetent person from a parent,
guardian, institution, agency, or other person having a lawful
right to physical custody of such person and:
(a) Intends to hold the child or incompetent person
permanently or for a protracted period; or
(b) Exposes the child or incompetent person to a
substantial risk of illness or physical injury; or
(c) Causes the child or incompetent person to be
removed from the state of usual residence; or
(d) Retains, detains, or conceals the child or incompetent person in another state after expiration of any authorized
visitation period with intent to intimidate or harass a parent,
guardian, institution, agency, or other person having lawful
right to physical custody or to prevent a parent, guardian,
institution, agency, or other person with lawful right to
physical custody from regaining custody.
(2) A parent of a child is guilty of custodial interference
in the first degree if the parent takes, entices, retains, detains,
or conceals the child, with the intent to deny access, from
the other parent having the lawful right to time with the
child pursuant to a court-ordered parenting plan, and:
(a) Intends to hold the child permanently or for a
protracted period; or
(b) Exposes the child to a substantial risk of illness or
physical injury; or
(c) Causes the child to be removed from the state of
usual residence.
(2002 Ed.)
Kidnapping, Unlawful Imprisonment, and Custodial Interference
(3) A parent or other person acting under the directions
of the parent is guilty of custodial interference in the first
degree if the parent or other person intentionally takes,
entices, retains, or conceals a child, under the age of
eighteen years and for whom no lawful custody order or
parenting plan has been entered by a court of competent
jurisdiction, from the other parent with intent to deprive the
other parent from access to the child permanently or for a
protracted period.
(4) Custodial interference in the first degree is a class C
felony. [1998 c 55 § 1; 1994 c 162 § 1; 1984 c 95 § 1.]
Severability—1984 c 95: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 95 § 8.]
9A.40.070 Custodial interference in the second
degree. (1) A relative of a person is guilty of custodial
interference in the second degree if, with the intent to deny
access to such person by a parent, guardian, institution,
agency, or other person having a lawful right to physical
custody of such person, the relative takes, entices, retains,
detains, or conceals the person from a parent, guardian,
institution, agency, or other person having a lawful right to
physical custody of such person. This subsection shall not
apply to a parent’s noncompliance with a court-ordered
parenting plan.
(2) A parent of a child is guilty of custodial interference
in the second degree if: (a) The parent takes, entices,
retains, detains, or conceals the child, with the intent to deny
access, from the other parent having the lawful right to time
with the child pursuant to a court-ordered parenting plan; or
(b) the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of
contempt under RCW 26.09.160(3); or (c) if the court finds
that the parent has engaged in a pattern of willful violations
of the court-ordered residential provisions.
(3) Nothing in (b) of this subsection prohibits conviction
of custodial interference in the second degree under (a) or
(c) of this subsection in absence of findings of contempt.
(4) The first conviction of custodial interference in the
second degree is a gross misdemeanor. The second or
subsequent conviction of custodial interference in the second
degree is a class C felony. [1989 c 318 § 2; 1984 c 95 § 2.]
Severability—1989 c 318: See note following RCW 26.09.160.
Severability—1984 c 95: See note following RCW 9A.40.060.
9A.40.080 Custodial interference—Assessment of
costs—Defense—Consent defense, restricted. (1) Any
reasonable expenses incurred in locating or returning a child
or incompetent person shall be assessed against a defendant
convicted under RCW 9A.40.060 or 9A.40.070.
(2) In any prosecution of custodial interference in the
first or second degree, it is a complete defense, if established
by the defendant by a preponderance of the evidence, that:
(a) The defendant’s purpose was to protect the child,
incompetent person, or himself or herself from imminent
physical harm, that the belief in the existence of the imminent physical harm was reasonable, and that the defendant
sought the assistance of the police, sheriff’s office, protective
agencies, or the court of any state before committing the acts
(2002 Ed.)
9A.40.060
giving rise to the charges or within a reasonable time thereafter;
(b) The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period
of time, failed to exercise his or her rights to physical
custody or access to the child under a court-ordered
parenting plan or order granting visitation rights, provided
that such failure was not the direct result of the defendant’s
denial of access to such person;
(c) The acts giving rise to the charges were consented
to by the complainant; or
(d) The offender, after providing or making a good faith
effort to provide notice to the person entitled to access to the
child, failed to provide access to the child due to reasons that
a reasonable person would believe were directly related to
the welfare of the child, and allowed access to the child in
accordance with the court order within a reasonable period
of time. The burden of proof that the denial of access was
reasonable is upon the person denying access to the child.
(3) Consent of a child less than sixteen years of age or
of an incompetent person does not constitute a defense to an
action under RCW 9A.40.060 or 9A.40.070. [1989 c 318 §
5; 1984 c 95 § 3.]
Severability—1989 c 318: See note following RCW 26.09.160.
Severability—1984 c 95: See note following RCW 9A.40.060.
Child custody, action by relative: RCW 26.09.255.
9A.40.090 Luring. A person commits the crime of
luring if the person:
(1)(a) Orders, lures, or attempts to lure a minor or a
person with a developmental disability into any area or
structure that is obscured from or inaccessible to the public
or into a motor vehicle;
(b) Does not have the consent of the minor’s parent or
guardian or of the guardian of the person with a developmental disability; and
(c) Is unknown to the child or developmentally disabled
person.
(2) It is a defense to luring, which the defendant must
prove by a preponderance of the evidence, that the
defendant’s actions were reasonable under the circumstances
and the defendant did not have any intent to harm the health,
safety, or welfare of the minor or the person with the
developmental disability.
(3) For purposes of this section:
(a) "Minor" means a person under the age of sixteen;
(b) "Person with a developmental disability" means a
person with a developmental disability as defined in RCW
71A.10.020.
(4) Luring is a class C felony. [1995 c 156 § 1; 1993
c 509 § 1.]
Chapter 9A.42
CRIMINAL MISTREATMENT
Sections
9A.42.005
9A.42.010
9A.42.020
9A.42.030
9A.42.035
9A.42.037
Findings and intent—Christian Science treatment—Rules of
evidence.
Definitions.
Criminal mistreatment in the first degree.
Criminal mistreatment in the second degree.
Criminal mistreatment in the third degree.
Criminal mistreatment in the fourth degree.
[Title 9A RCW—page 17]
Chapter 9A.42
9A.42.039
9A.42.040
9A.42.045
9A.42.050
9A.42.060
9A.42.070
9A.42.080
9A.42.090
9A.42.100
9A.42.110
Title 9A RCW: Washington Criminal Code
Arresting officer, notification by.
Withdrawal of life support systems.
Palliative care.
Defense of financial inability.
Abandonment of a dependent person in the first degree—
Exception.
Abandonment of a dependent person in the second degree—
Exception.
Abandonment of a dependent person in the third degree—
Exception.
Abandonment of a dependent person—Defense.
Endangerment with a controlled substance.
Leaving a child in the care of a sex offender.
9A.42.005 Findings and intent—Christian Science
treatment—Rules of evidence. The legislature finds that
there is a significant need to protect children and dependent
persons, including frail elder and vulnerable adults, from
abuse and neglect by their parents, by persons entrusted with
their physical custody, or by persons employed to provide
them with the basic necessities of life. The legislature
further finds that such abuse and neglect often takes the
forms of either withholding from them the basic necessities
of life, including food, water, shelter, clothing, and health
care, or abandoning them, or both. Therefore, it is the intent
of the legislature that criminal penalties be imposed on those
guilty of such abuse or neglect. It is the intent of the
legislature that a person who, in good faith, is furnished
Christian Science treatment by a duly accredited Christian
Science practitioner in lieu of medical care is not considered
deprived of medically necessary health care or abandoned.
Prosecutions under this chapter shall be consistent with the
rules of evidence, including hearsay, under law. [1997 c 392
§ 507.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.010 Definitions. As used in this chapter:
(1) "Basic necessities of life" means food, water, shelter,
clothing, and medically necessary health care, including but
not limited to health-related treatment or activities, hygiene,
oxygen, and medication.
(2)(a) "Bodily injury" means physical pain or injury,
illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which
involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the
function of any bodily part or organ, or which causes a
fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which
creates a high probability of death, or which causes serious
permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily
part or organ.
(3) "Child" means a person under eighteen years of age.
(4) "Dependent person" means a person who, because of
physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the
basic necessities of life. A resident of a nursing home, as
defined in RCW 18.51.010, a resident of an adult family
home, as defined in RCW 70.128.010, and a frail elder or
vulnerable adult, as defined in *RCW 74.34.020(8), is
[Title 9A RCW—page 18]
presumed to be a dependent person for purposes of this
chapter.
(5) "Employed" means hired by a dependent person,
another person acting on behalf of a dependent person, or by
an organization or governmental entity, to provide to a
dependent person any of the basic necessities of life. A
person may be "employed" regardless of whether the person
is paid for the services or, if paid, regardless of who pays
for the person’s services.
(6) "Parent" has its ordinary meaning and also includes
a guardian and the authorized agent of a parent or guardian.
(7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or
more of the basic necessities of life. [1997 c 392 § 508;
1996 c 302 § 1; 1986 c 250 § 1.]
*Reviser’s note: RCW 74.34.020 was amended by 1999 c 176 § 3,
deleting subsection (8). "Vulnerable adult" is now defined in subsection
(13).
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—1996 c 302: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 302 § 7.]
9A.42.020 Criminal mistreatment in the first
degree. (1) A parent of a child, the person entrusted with
the physical custody of a child or dependent person, or a
person employed to provide to the child or dependent person
the basic necessities of life is guilty of criminal mistreatment
in the first degree if he or she recklessly, as defined in RCW
9A.08.010, causes great bodily harm to a child or dependent
person by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the first degree is a class
B felony. [1997 c 392 § 510; 1986 c 250 § 2.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.030 Criminal mistreatment in the second
degree. (1) A parent of a child, the person entrusted with
the physical custody of a child or dependent person, or a
person employed to provide to the child or dependent person
the basic necessities of life is guilty of criminal mistreatment
in the second degree if he or she recklessly, as defined in
RCW 9A.08.010, either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes
substantial bodily harm by withholding any of the basic
necessities of life.
(2) Criminal mistreatment in the second degree is a
class C felony. [1997 c 392 § 511; 1986 c 250 § 3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.035 Criminal mistreatment in the third
degree. (1) A person is guilty of the crime of criminal
mistreatment in the third degree if the person is the parent of
a child, is a person entrusted with the physical custody of a
child or other dependent person, or is a person employed to
provide to the child or dependent person the basic necessities
of life, and either:
(2002 Ed.)
Criminal Mistreatment
(a) With criminal negligence, creates an imminent and
substantial risk of substantial bodily harm to a child or
dependent person by withholding any of the basic necessities
of life; or
(b) With criminal negligence, causes substantial bodily
harm to a child or dependent person by withholding any of
the basic necessities of life.
(2) Criminal mistreatment in the third degree is a gross
misdemeanor. [2000 c 76 § 1.]
9A.42.037 Criminal mistreatment in the fourth
degree. (1) A person is guilty of the crime of criminal
mistreatment in the fourth degree if the person is the parent
of a child, is a person entrusted with the physical custody of
a child or other dependent person, or is a person employed
to provide to the child or dependent person the basic
necessities of life, and either:
(a) With criminal negligence, creates an imminent and
substantial risk of bodily injury to a child or dependent
person by withholding any of the basic necessities of life; or
(b) With criminal negligence, causes bodily injury or
extreme emotional distress manifested by more than transient
physical symptoms to a child or dependent person by
withholding the basic necessities of life.
(2) Criminal mistreatment in the fourth degree is a
misdemeanor. [2002 c 219 § 2.]
Intent—Finding—2002 c 219: "The legislature recognizes that
responses by the department of social and health services and public safety
agencies have varied between jurisdictions when allegations of withholding
of the basic necessities of life are made. The legislature intends to improve
the capacity of the department of social and health services and public
safety agencies to respond to situations where the basic necessities of life
are withheld by allowing an earlier intervention in such cases. The
legislature finds that improved coordination between the department of
social and health services and public safety agencies at an earlier point will
lead to better treatment of children and families and will reduce the
likelihood of serious harm." [2002 c 219 § 1.]
9A.42.039 Arresting officer, notification by. (1)
When a law enforcement officer arrests a person for criminal
mistreatment of a child, the officer must notify child
protective services.
(2) When a law enforcement officer arrests a person for
criminal mistreatment of a dependent person other than a
child, the officer must notify adult protective services. [2002
c 219 § 5.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
9A.42.040 Withdrawal of life support systems.
RCW 9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do
not apply to decisions to withdraw life support systems made
in accordance with chapter 7.70 or 70.122 RCW by the
dependent person, his or her legal surrogate, or others with
a legal duty to care for the dependent person. [2002 c 219
§ 3; 2000 c 76 § 2; 1986 c 250 § 4.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
9A.42.045 Palliative care. RCW 9A.42.020,
9A.42.030, 9A.42.035, and 9A.42.037 do not apply when a
terminally ill or permanently unconscious person or his or
her legal surrogate, as set forth in chapter 7.70 RCW, requests, and the person receives, palliative care from a
(2002 Ed.)
9A.42.035
licensed home health agency, hospice agency, nursing home,
or hospital providing care under the medical direction of a
physician. As used in this section, the terms "terminally ill"
and "permanently unconscious" have the same meaning as
"terminal condition" and "permanent unconscious condition"
in chapter 70.122 RCW. [2002 c 219 § 4; 2000 c 76 § 3;
1997 c 392 § 512.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.050 Defense of financial inability. In any
prosecution for criminal mistreatment, it shall be a defense
that the withholding of the basic necessities of life is due to
financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is
available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been
made. [1997 c 392 § 509; 1986 c 250 § 5.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.060 Abandonment of a dependent person in
the first degree—Exception. (1) Except as provided in
subsection (2) of this section, a person is guilty of the crime
of abandonment of a dependent person in the first degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent
person, or a person employed to provide to the child or other
dependent person any of the basic necessities of life;
(b) The person recklessly abandons the child or other
dependent person; and
(c) As a result of being abandoned, the child or other
dependent person suffers great bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the first
degree is a class B felony. [2002 c 331 § 3; 1996 c 302 §
2.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.
9A.42.070 Abandonment of a dependent person in
the second degree—Exception. (1) Except as provided in
subsection (2) of this section, a person is guilty of the crime
of abandonment of a dependent person in the second degree
if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent
person, or a person employed to provide to the child or other
dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other
dependent person; and:
(i) As a result of being abandoned, the child or other
dependent person suffers substantial bodily harm; or
[Title 9A RCW—page 19]
9A.42.070
Title 9A RCW: Washington Criminal Code
(ii) Abandoning the child or other dependent person
creates an imminent and substantial risk that the child or
other dependent person will die or suffer great bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the second
degree is a class C felony. [2002 c 331 § 4; 1996 c 302 §
3.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.
9A.42.080 Abandonment of a dependent person in
the third degree—Exception. (1) Except as provided in
subsection (2) of this section, a person is guilty of the crime
of abandonment of a dependent person in the third degree if:
(a) The person is the parent of a child, a person entrusted with the physical custody of a child or other dependent
person, or a person employed to provide to the child or
dependent person any of the basic necessities of life; and
(b) The person recklessly abandons the child or other
dependent person; and:
(i) As a result of being abandoned, the child or other
dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person
creates an imminent and substantial risk that the child or
other person will suffer substantial bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the third
degree is a gross misdemeanor. [2002 c 331 § 5; 1996 c
302 § 4.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1996 c 302: See note following RCW 9A.42.010.
9A.42.090 Abandonment of a dependent person—
Defense. It is an affirmative defense to the charge of
abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the
child or other dependent person, gave reasonable notice of
termination of services and the services were not terminated
until after the termination date specified in the notice. The
notice must be given to the child or dependent person, and
to other persons or organizations that have requested notice
of termination of services furnished to the child or other
dependent person.
The department of social and health services and the
department of health shall adopt rules establishing procedures for termination of services to children and other
dependent persons. [1996 c 302 § 5.]
Severability—1996 c 302: See note following RCW 9A.42.010.
9A.42.100 Endangerment with a controlled substance. A person is guilty of the crime of endangerment
with a controlled substance if the person knowingly or
intentionally permits a dependent child or dependent adult to
[Title 9A RCW—page 20]
be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous
ammonia, that are being used in the manufacture of methamphetamine. Endangerment with a controlled substance is a
class B felony. [2002 c 229 § 1.]
Effective date—2002 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 229 § 4.]
9A.42.110 Leaving a child in the care of a sex
offender. (1) A person is guilty of the crime of leaving a
child in the care of a sex offender if the person is (a) the
parent of a child; (b) entrusted with the physical custody of
a child; or (c) employed to provide to the child the basic
necessities of life, and leaves the child in the care or custody
of another person who is not a parent, guardian, or lawful
custodian of the child, knowing that the person is registered
or required to register as a sex offender under the laws of
this state, or a law or ordinance in another jurisdiction with
similar requirements, because of a sex offense against a
child.
(2) It is an affirmative defense to the charge of leaving
a child in the care of a sex offender under this section, that
the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the
offender is allowed to have unsupervised contact with the
child in question under a family reunification plan, which
has been approved by a court, the department of corrections,
or the department of social and health services in accordance
with department policies.
(3) Leaving a child in the care of a sex offender is a
misdemeanor. [2002 c 170 § 1.]
Chapter 9A.44
SEX OFFENSES
Sections
9A.44.010
9A.44.020
9A.44.030
9A.44.040
9A.44.045
9A.44.050
9A.44.060
9A.44.073
9A.44.076
9A.44.079
9A.44.083
9A.44.086
9A.44.089
9A.44.093
9A.44.096
9A.44.100
9A.44.105
9A.44.115
9A.44.120
9A.44.130
9A.44.135
9A.44.140
9A.44.145
9A.44.150
9A.44.160
Definitions.
Testimony—Evidence—Written motion—Admissibility.
Defenses to prosecution under this chapter.
Rape in the first degree.
First degree rape—Penalties.
Rape in the second degree.
Rape in the third degree.
Rape of a child in the first degree.
Rape of a child in the second degree.
Rape of a child in the third degree.
Child molestation in the first degree.
Child molestation in the second degree.
Child molestation in the third degree.
Sexual misconduct with a minor in the first degree.
Sexual misconduct with a minor in the second degree.
Indecent liberties.
Sexually violating human remains.
Voyeurism.
Admissibility of child’s statement—Conditions.
Registration of sex offenders and kidnapping offenders—
Procedures—Definition—Penalties.
Address verification.
Registration of sex offenders and kidnapping offenders—
End of duty to register—Expiration of subsection.
Notification to offenders of changed requirements.
Testimony of child by closed circuit television.
Custodial sexual misconduct in the first degree.
(2002 Ed.)
Sex Offenses
9A.44.170 Custodial sexual misconduct in the second degree.
9A.44.180 Custodial sexual misconduct—Defense.
9A.44.900 Decodifications and additions to this chapter.
9A.44.901 Construction—Sections decodified and added to this chapter.
9A.44.902 Effective date—1979 ex.s. c 244.
9A.44.903 Section captions—1988 c 145.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Witnesses: Rules of court: ER 601 through 615.
9A.44.010 Definitions. As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning
and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus
however slight, by an object, when committed on one person
by another, whether such persons are of the same or opposite
sex, except when such penetration is accomplished for
medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between
persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the
same or opposite sex.
(2) "Sexual contact" means any touching of the sexual
or other intimate parts of a person done for the purpose of
gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to
another, but does not include a person who is living separate
and apart from his or her spouse and who has filed in an
appropriate court for legal separation or for dissolution of his
or her marriage.
(4) "Mental incapacity" is that condition existing at the
time of the offense which prevents a person from understanding the nature or consequences of the act of sexual
intercourse whether that condition is produced by illness,
defect, the influence of a substance or from some other
cause.
(5) "Physically helpless" means a person who is
unconscious or for any other reason is physically unable to
communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which
overcomes resistance, or a threat, express or implied, that
places a person in fear of death or physical injury to herself
or himself or another person, or in fear that she or he or
another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or
conduct indicating freely given agreement to have sexual
intercourse or sexual contact.
(8) "Significant relationship" means a situation in which
the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare,
or organized recreational activities principally for minors;
(b) A person who in the course of his or her employment supervises minors; or
(c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities
to frail elders or vulnerable adults, including a provider,
employee, temporary employee, volunteer, or independent
contractor who supplies services to long-term care facilities
licensed or required to be licensed under chapter 18.20,
18.51, 72.36, or 70.128 RCW, and home health, hospice, or
home care agencies licensed or required to be licensed under
(2002 Ed.)
Chapter 9A.44
chapter 70.127 RCW, but not including a consensual sexual
partner.
(9) "Abuse of a supervisory position" means a direct or
indirect threat or promise to use authority to the detriment or
benefit of a minor.
(10) "Developmentally disabled," for purposes of RCW
9A.44.050(1)(c) and 9A.44.100(1)(c), means a person with
a developmental disability as defined in RCW 71A.10.020.
(11) "Person with supervisory authority," for purposes
of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e),
means any proprietor or employee of any public or private
care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically
dependent persons at the facility.
(12) "Mentally disordered person" for the purposes of
RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
with a "mental disorder" as defined in RCW 71.05.020.
(13) "Chemically dependent person" for purposes of
RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
who is "chemically dependent" as defined in RCW
70.96A.020(4).
(14) "Health care provider" for purposes of RCW
9A.44.050 and 9A.44.100 means a person who is, holds
himself or herself out to be, or provides services as if he or
she were: (a) A member of a health care profession under
chapter 18.130 RCW; or (b) registered under chapter 18.19
RCW or licensed under chapter 18.225 RCW, regardless of
whether the health care provider is licensed, certified, or
registered by the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and
9A.44.100 means the active delivery of professional services
by a health care provider which the health care provider
holds himself or herself out to be qualified to provide.
(16) "Frail elder or vulnerable adult" means a person
sixty years of age or older who has the functional, mental,
or physical inability to care for himself or herself. "Frail
elder or vulnerable adult" also includes a person found
incapacitated under chapter 11.88 RCW, a person over
eighteen years of age who has a developmental disability
under chapter 71A.10 RCW, a person admitted to a longterm care facility that is licensed or required to be licensed
under chapter 18.20, 18.51, 72.36, or 70.128 RCW, and a
person receiving services from a home health, hospice, or
home care agency licensed or required to be licensed under
chapter 70.127 RCW. [2001 c 251 § 28. Prior: 1997 c 392
§ 513; 1997 c 112 § 37; 1994 c 271 § 302; 1993 c 477 § 1;
1988 c 146 § 3; 1988 c 145 § 1; 1981 c 123 § 1; 1975 1st
ex.s. c 14 § 1. Formerly RCW 9.79.140.]
Severability—2001 c 251: See RCW 18.225.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Intent—1994 c 271: "The legislature hereby reaffirms its desire to
protect the children of Washington from sexual abuse and further reaffirms
its condemnation of child sexual abuse that takes the form of causing one
child to engage in sexual contact with another child for the sexual
gratification of the one causing such activities to take place." [1994 c 271
§ 301.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—Effective dates—1988 c 146: See notes following
RCW 9A.44.050.
[Title 9A RCW—page 21]
9A.44.010
Title 9A RCW: Washington Criminal Code
Effective date—1988 c 145: "This act shall take effect July 1, 1988."
[1988 c 145 § 26.]
Savings—Application—1988 c 145: "This act shall not have the
effect of terminating or in any way modifying any liability, civil or criminal,
which is already in existence on July 1, 1988, and shall apply only to
offenses committed on or after July 1, 1988." [1988 c 145 § 25.]
9A.44.020 Testimony—Evidence—Written motion—
Admissibility. (1) In order to convict a person of any crime
defined in this chapter it shall not be necessary that the
testimony of the alleged victim be corroborated.
(2) Evidence of the victim’s past sexual behavior
including but not limited to the victim’s marital history,
divorce history, or general reputation for promiscuity,
nonchastity, or sexual mores contrary to community standards is inadmissible on the issue of credibility and is
inadmissible to prove the victim’s consent except as provided in subsection (3) of this section, but when the perpetrator
and the victim have engaged in sexual intercourse with each
other in the past, and when the past behavior is material to
the issue of consent, evidence concerning the past behavior
between the perpetrator and the victim may be admissible on
the issue of consent to the offense.
(3) In any prosecution for the crime of rape or for an
attempt to commit, or an assault with an intent to commit
any such crime evidence of the victim’s past sexual behavior
including but not limited to the victim’s marital behavior,
divorce history, or general reputation for promiscuity,
nonchastity, or sexual mores contrary to community standards is not admissible if offered to attack the credibility of
the victim and is admissible on the issue of consent only
pursuant to the following procedure:
(a) A written pretrial motion shall be made by the
defendant to the court and prosecutor stating that the defense
has an offer of proof of the relevancy of evidence of the past
sexual behavior of the victim proposed to be presented and
its relevancy on the issue of the consent of the victim.
(b) The written motion shall be accompanied by an
affidavit or affidavits in which the offer of proof shall be
stated.
(c) If the court finds that the offer of proof is sufficient,
the court shall order a hearing out of the presence of the
jury, if any, and the hearing shall be closed except to the
necessary witnesses, the defendant, counsel, and those who
have a direct interest in the case or in the work of the court.
(d) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the defendant
regarding the past sexual behavior of the victim is relevant
to the issue of the victim’s consent; is not inadmissible
because its probative value is substantially outweighed by
the probability that its admission will create a substantial
danger of undue prejudice; and that its exclusion would
result in denial of substantial justice to the defendant; the
court shall make an order stating what evidence may be
introduced by the defendant, which order may include the
nature of the questions to be permitted. The defendant may
then offer evidence pursuant to the order of the court.
(4) Nothing in this section shall be construed to prohibit
cross-examination of the victim on the issue of past sexual
behavior when the prosecution presents evidence in its case
in chief tending to prove the nature of the victim’s past
sexual behavior, but the court may require a hearing pursu[Title 9A RCW—page 22]
ant to subsection (3) of this section concerning such evidence. [1975 1st ex.s. c 14 § 2. Formerly RCW 9.79.150.]
9A.44.030 Defenses to prosecution under this
chapter. (1) In any prosecution under this chapter in which
lack of consent is based solely upon the victim’s mental
incapacity or upon the victim’s being physically helpless, it
is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the
defendant reasonably believed that the victim was not
mentally incapacitated and/or physically helpless.
(2) In any prosecution under this chapter in which the
offense or degree of the offense depends on the victim’s age,
it is no defense that the perpetrator did not know the
victim’s age, or that the perpetrator believed the victim to be
older, as the case may be: PROVIDED, That it is a defense
which the defendant must prove by a preponderance of the
evidence that at the time of the offense the defendant
reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations
as to age by the alleged victim.
(3) The defense afforded by subsection (2) of this
section requires that for the following defendants, the
reasonable belief be as indicated:
(a) For a defendant charged with rape of a child in the
first degree, that the victim was at least twelve, or was less
than twenty-four months younger than the defendant;
(b) For a defendant charged with rape of a child in the
second degree, that the victim was at least fourteen, or was
less than thirty-six months younger than the defendant;
(c) For a defendant charged with rape of a child in the
third degree, that the victim was at least sixteen, or was less
than forty-eight months younger than the defendant;
(d) For a defendant charged with sexual misconduct
with a minor in the first degree, that the victim was at least
eighteen, or was less than sixty months younger than the
defendant;
(e) For a defendant charged with child molestation in
the first degree, that the victim was at least twelve, or was
less than thirty-six months younger than the defendant;
(f) For a defendant charged with child molestation in the
second degree, that the victim was at least fourteen, or was
less than thirty-six months younger than the defendant;
(g) For a defendant charged with child molestation in
the third degree, that the victim was at least sixteen, or was
less than thirty-six months younger than the defendant;
(h) For a defendant charged with sexual misconduct
with a minor in the second degree, that the victim was at
least eighteen, or was less than sixty months younger than
the defendant. [1988 c 145 § 20; 1975 1st ex.s. c 14 § 3.
Formerly RCW 9.79.160.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.040 Rape in the first degree. (1) A person is
guilty of rape in the first degree when such person engages
in sexual intercourse with another person by forcible
compulsion where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon or what
appears to be a deadly weapon; or
(b) Kidnaps the victim; or
(2002 Ed.)
Sex Offenses
(c) Inflicts serious physical injury, including but not
limited to physical injury which renders the victim unconscious; or
(d) Feloniously enters into the building or vehicle where
the victim is situated.
(2) Rape in the first degree is a class A felony. [1998
c 242 § 1. Prior: 1983 c 118 § 1; 1983 c 73 § 1; 1982 c
192 § 11; 1982 c 10 § 3; prior: (1) 1981 c 137 § 36; 1979
ex.s. c 244 § 1; 1975 1st ex.s. c 247 § 1; 1975 1st ex.s. c 14
§ 4. (2) 1981 c 136 § 57 repealed by 1982 c 10 § 18.
Formerly RCW 9.79.170.]
Severability—1983 c 73: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 73 § 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 137: See RCW 9.94A.910.
Effective date—1981 c 136: See RCW 72.09.900.
9A.44.045 First degree rape—Penalties. No person
convicted of rape in the first degree shall be granted a
deferred or suspended sentence except for the purpose of
commitment to an inpatient treatment facility: PROVIDED,
That every person convicted of rape in the first degree shall
be confined for a minimum of three years: PROVIDED
FURTHER, That the *board of prison terms and paroles
shall have authority to set a period of confinement greater
than three years but shall never reduce the minimum threeyear period of confinement; nor shall the board release the
convicted person during the first three years of confinement
as a result of any type of good time calculation; nor shall the
department of corrections permit the convicted person to
participate in any work release program or furlough program
during the first three years of confinement. This section
applies only to offenses committed prior to July 1, 1984.
[1982 c 192 § 12.]
*Reviser’s note: The "board of prison terms and paroles" was
redesignated the "indeterminate sentence review board" by 1986 c 224,
effective July 1, 1986.
9A.44.050 Rape in the second degree. (1) A person
is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person
engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by reason
of being physically helpless or mentally incapacitated;
(c) When the victim is developmentally disabled and the
perpetrator is a person who is not married to the victim and
who has supervisory authority over the victim;
(d) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual intercourse
occurs during a treatment session, consultation, interview, or
examination. It is an affirmative defense that the defendant
must prove by a preponderance of the evidence that the
client or patient consented to the sexual intercourse with the
knowledge that the sexual intercourse was not for the
purpose of treatment;
(e) When the victim is a resident of a facility for
mentally disordered or chemically dependent persons and the
perpetrator is a person who is not married to the victim and
has supervisory authority over the victim; or
(2002 Ed.)
9A.44.040
(f) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the
victim and who has a significant relationship with the victim.
(2) Rape in the second degree is a class A felony.
[1997 c 392 § 514; 1993 c 477 § 2; 1990 c 3 § 901; 1988 c
146 § 1; 1983 c 118 § 2; 1979 ex.s. c 244 § 2; 1975 1st
ex.s. c 14 § 5. Formerly RCW 9.79.180.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1988 c 146: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 146 § 5.]
Effective dates—1988 c 146: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately [March 21, 1988]. The remainder of this act shall
take effect July 1, 1988." [1988 c 146 § 6.]
9A.44.060 Rape in the third degree. (1) A person is
guilty of rape in the third degree when, under circumstances
not constituting rape in the first or second degrees, such
person engages in sexual intercourse with another person, not
married to the perpetrator:
(a) Where the victim did not consent as defined in RCW
9A.44.010(7), to sexual intercourse with the perpetrator and
such lack of consent was clearly expressed by the victim’s
words or conduct, or
(b) Where there is threat of substantial unlawful harm
to property rights of the victim.
(2) Rape in the third degree is a class C felony. [1999
c 143 § 34; 1979 ex.s. c 244 § 3; 1975 1st ex.s. c 14 § 6.
Formerly RCW 9.79.190.]
9A.44.073 Rape of a child in the first degree. (1) A
person is guilty of rape of a child in the first degree when
the person has sexual intercourse with another who is less
than twelve years old and not married to the perpetrator and
the perpetrator is at least twenty-four months older than the
victim.
(2) Rape of a child in the first degree is a class A
felony. [1988 c 145 § 2.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.076 Rape of a child in the second degree. (1)
A person is guilty of rape of a child in the second degree
when the person has sexual intercourse with another who is
at least twelve years old but less than fourteen years old and
not married to the perpetrator and the perpetrator is at least
thirty-six months older than the victim.
(2) Rape of a child in the second degree is a class A
felony. [1990 c 3 § 903; 1988 c 145 § 3.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.079 Rape of a child in the third degree. (1)
A person is guilty of rape of a child in the third degree when
[Title 9A RCW—page 23]
9A.44.079
Title 9A RCW: Washington Criminal Code
the person has sexual intercourse with another who is at least
fourteen years old but less than sixteen years old and not
married to the perpetrator and the perpetrator is at least
forty-eight months older than the victim.
(2) Rape of a child in the third degree is a class C
felony. [1988 c 145 § 4.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.083 Child molestation in the first degree. (1)
A person is guilty of child molestation in the first degree
when the person has, or knowingly causes another person
under the age of eighteen to have, sexual contact with
another who is less than twelve years old and not married to
the perpetrator and the perpetrator is at least thirty-six
months older than the victim.
(2) Child molestation in the first degree is a class A
felony. [1994 c 271 § 303; 1990 c 3 § 902; 1988 c 145 §
5.]
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.086 Child molestation in the second degree.
(1) A person is guilty of child molestation in the second
degree when the person has, or knowingly causes another
person under the age of eighteen to have, sexual contact with
another who is at least twelve years old but less than
fourteen years old and not married to the perpetrator and the
perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the second degree is a class B
felony. [1994 c 271 § 304; 1988 c 145 § 6.]
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.089 Child molestation in the third degree.
(1) A person is guilty of child molestation in the third degree
when the person has, or knowingly causes another person
under the age of eighteen to have, sexual contact with
another who is at least fourteen years old but less than
sixteen years old and not married to the perpetrator and the
perpetrator is at least forty-eight months older than the
victim.
(2) Child molestation in the third degree is a class C
felony. [1994 c 271 § 305; 1988 c 145 § 7.]
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.093 Sexual misconduct with a minor in the
first degree. (1) A person is guilty of sexual misconduct
with a minor in the first degree when: (a) The person has,
or knowingly causes another person under the age of
[Title 9A RCW—page 24]
eighteen to have, sexual intercourse with another person who
is at least sixteen years old but less than eighteen years old
and not married to the perpetrator, if the perpetrator is at
least sixty months older than the victim, is in a significant
relationship to the victim, and abuses a supervisory position
within that relationship in order to engage in or cause
another person under the age of eighteen to engage in sexual
intercourse with the victim; or (b) the person is a school
employee who has, or knowingly causes another person
under the age of eighteen to have, sexual intercourse with a
registered student of the school who is at least sixteen years
old and not married to the employee, if the employee is at
least sixty months older than the student.
(2) Sexual misconduct with a minor in the first degree
is a class C felony.
(3) For the purposes of this section, "school employee"
means an employee of a common school defined in RCW
28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW,
who is not enrolled as a student of the common school or
private school. [2001 2nd sp.s. c 12 § 357; 1994 c 271 §
306; 1988 c 145 § 8.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.096 Sexual misconduct with a minor in the
second degree. (1) A person is guilty of sexual misconduct
with a minor in the second degree when: (a) The person
has, or knowingly causes another person under the age of
eighteen to have, sexual contact with another person who is
at least sixteen years old but less than eighteen years old and
not married to the perpetrator, if the perpetrator is at least
sixty months older than the victim, is in a significant
relationship to the victim, and abuses a supervisory position
within that relationship in order to engage in or cause
another person under the age of eighteen to engage in sexual
contact with the victim; or (b) the person is a school employee who has, or knowingly causes another person under
the age of eighteen to have, sexual contact with a registered
student of the school who is at least sixteen years old and
not married to the employee, if the employee is at least sixty
months older than the student.
(2) Sexual misconduct with a minor in the second
degree is a gross misdemeanor.
(3) For the purposes of this section, "school employee"
means an employee of a common school defined in RCW
28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW,
who is not enrolled as a student of the common school or
private school. [2001 2nd sp.s. c 12 § 358; 1994 c 271 §
307; 1988 c 145 § 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
(2002 Ed.)
Sex Offenses
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.100 Indecent liberties. (1) A person is guilty
of indecent liberties when he or she knowingly causes
another person who is not his or her spouse to have sexual
contact with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by
reason of being mentally defective, mentally incapacitated,
or physically helpless;
(c) When the victim is developmentally disabled and the
perpetrator is a person who is not married to the victim and
who has supervisory authority over the victim;
(d) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual contact occurs
during a treatment session, consultation, interview, or
examination. It is an affirmative defense that the defendant
must prove by a preponderance of the evidence that the
client or patient consented to the sexual contact with the
knowledge that the sexual contact was not for the purpose of
treatment;
(e) When the victim is a resident of a facility for
mentally disordered or chemically dependent persons and the
perpetrator is a person who is not married to the victim and
has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the
victim and who has a significant relationship with the victim.
(2) Indecent liberties is a class B felony, except that
indecent liberties by forcible compulsion is a class A felony.
[2001 2nd sp.s. c 12 § 359; 1997 c 392 § 515; 1993 c 477
§ 3; 1988 c 146 § 2; 1988 c 145 § 10; 1986 c 131 § 1; 1975
1st ex.s. c 260 § 9A.88.100. Formerly RCW 9A.88.100.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—Effective dates—1988 c 146: See notes following
RCW 9A.44.050.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.44.105 Sexually violating human remains. (1)
Any person who has sexual intercourse or sexual contact
with a dead human body is guilty of a class C felony.
(2) As used in this section:
(a) "Sexual intercourse" (i) has its ordinary meaning and
occurs upon any penetration, however slight; and (ii) also
means any penetration of the vagina or anus however slight,
by an object, when committed on a dead human body,
except when such penetration is accomplished as part of a
procedure authorized or required under chapter 68.50 RCW
or other law; and (iii) also means any act of sexual contact
between the sex organs of a person and the mouth or anus
of a dead human body.
(2002 Ed.)
9A.44.096
(b) "Sexual contact" means any touching by a person of
the sexual or other intimate parts of a dead human body
done for the purpose of gratifying the sexual desire of the
person. [1994 c 53 § 1.]
9A.44.115 Voyeurism. (1) As used in this section:
(a) "Photographs" or "films" means the making of a
photograph, motion picture film, videotape, or any other
recording or transmission of the image of a person;
(b) "Place where he or she would have a reasonable
expectation of privacy" means:
(i) A place where a reasonable person would believe
that he or she could disrobe in privacy, without being
concerned that his or her undressing was being photographed
or filmed by another; or
(ii) A place where one may reasonably expect to be safe
from casual or hostile intrusion or surveillance;
(c) "Surveillance" means secret observation of the
activities of another person for the purpose of spying upon
and invading the privacy of the person;
(d) "Views" means the intentional looking upon of
another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or
with a device designed or intended to improve visual acuity.
(2) A person commits the crime of voyeurism if, for the
purpose of arousing or gratifying the sexual desire of any
person, he or she knowingly views, photographs, or films
another person, without that person’s knowledge and
consent, while the person being viewed, photographed, or
filmed is in a place where he or she would have a reasonable
expectation of privacy.
(3) Voyeurism is a class C felony.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections
or of a local jail or correctional facility for security purposes
or during investigation of alleged misconduct by a person in
the custody of the department of corrections or the local jail
or correctional facility. [1998 c 221 § 1.]
9A.44.120 Admissibility of child’s statement—
Conditions. A statement made by a child when under the
age of ten describing any act of sexual contact performed
with or on the child by another, describing any attempted act
of sexual contact with or on the child by another, or describing any act of physical abuse of the child by another that
results in substantial bodily harm as defined by RCW
9A.04.110, not otherwise admissible by statute or court rule,
is admissible in evidence in dependency proceedings under
Title 13 RCW and criminal proceedings, including juvenile
offense adjudications, in the courts of the state of Washington if:
(1) The court finds, in a hearing conducted outside the
presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability;
and
(2) The child either:
(a) Testifies at the proceedings; or
(b) Is unavailable as a witness: PROVIDED, That when
the child is unavailable as a witness, such statement may be
admitted only if there is corroborative evidence of the act.
[Title 9A RCW—page 25]
9A.44.120
Title 9A RCW: Washington Criminal Code
A statement may not be admitted under this section
unless the proponent of the statement makes known to the
adverse party his or her intention to offer the statement and
the particulars of the statement sufficiently in advance of the
proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement. [1995 c 76 § 1; 1991
c 169 § 1; 1985 c 404 § 1; 1982 c 129 § 2.]
Severability—1982 c 129: See note following RCW 9A.04.080.
9A.44.130 Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties. (1)
Any adult or juvenile residing whether or not the person has
a fixed residence, or who is a student, is employed, or
carries on a vocation in this state who has been found to
have committed or has been convicted of any sex offense or
kidnapping offense, or who has been found not guilty by
reason of insanity under chapter 10.77 RCW of committing
any sex offense or kidnapping offense, shall register with the
county sheriff for the county of the person’s residence, or if
the person is not a resident of Washington, the county of the
person’s school, or place of employment or vocation, or as
otherwise specified in this section. Where a person required
to register under this section is in custody of the state
department of corrections, the state department of social and
health services, a local division of youth services, or a local
jail or juvenile detention facility as a result of a sex offense
or kidnapping offense, the person shall also register at the
time of release from custody with an official designated by
the agency that has jurisdiction over the person. In addition,
any such adult or juvenile who is admitted to a public or
private institution of higher education shall, within ten days
of enrolling or by the first business day after arriving at the
institution, whichever is earlier, notify the sheriff for the
county of the person’s residence of the person’s intent to
attend the institution. Persons required to register under this
section who are enrolled in a public or private institution of
higher education on June 11, 1998, must notify the county
sheriff immediately. The sheriff shall notify the institution’s
department of public safety and shall provide that department
with the same information provided to a county sheriff under
subsection (3) of this section.
(2) This section may not be construed to confer any
powers pursuant to RCW 4.24.500 upon the public safety
department of any public or private institution of higher
education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and
place of birth; (iv) place of employment; (v) crime for which
convicted; (vi) date and place of conviction; (vii) aliases
used; (viii) social security number; (ix) photograph; and (x)
fingerprints.
(b) Any person who lacks a fixed residence shall
provide the following information when registering: (i)
Name; (ii) date and place of birth; (iii) place of employment;
(iv) crime for which convicted; (v) date and place of
conviction; (vi) aliases used; (vii) social security number;
(viii) photograph; (ix) fingerprints; and (x) where he or she
plans to stay.
(4)(a) Offenders shall register with the county sheriff
within the following deadlines. For purposes of this section
[Title 9A RCW—page 26]
the term "conviction" refers to adult convictions and juvenile
adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders
who committed a sex offense on, before, or after February
28, 1990, and who, on or after July 28, 1991, are in custody,
as a result of that offense, of the state department of corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile
detention facility, and (B) kidnapping offenders who on or
after July 27, 1997, are in custody of the state department of
corrections, the state department of social and health
services, a local division of youth services, or a local jail or
juvenile detention facility, must register at the time of
release from custody with an official designated by the
agency that has jurisdiction over the offender. The agency
shall within three days forward the registration information
to the county sheriff for the county of the offender’s anticipated residence. The offender must also register within
twenty-four hours from the time of release with the county
sheriff for the county of the person’s residence, or if the
person is not a resident of Washington, the county of the
person’s school, or place of employment or vocation. The
agency that has jurisdiction over the offender shall provide
notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours
of release constitutes a violation of this section and is
punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an
offender with a duty to register under this section, and the
agency has knowledge that the offender is eligible for
developmental disability services from the department of
social and health services, the agency shall notify the
division of developmental disabilities of the release. Notice
shall occur not more than thirty days before the offender is
to be released. The agency and the division shall assist the
offender in meeting the initial registration requirement under
this section. Failure to provide such assistance shall not
constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER
STATE OR LOCAL JURISDICTION. Sex offenders who,
on July 28, 1991, are not in custody but are under the
jurisdiction of the indeterminate sentence review board or
under the department of correction’s active supervision, as
defined by the department of corrections, the state department of social and health services, or a local division of
youth services, for sex offenses committed before, on, or
after February 28, 1990, must register within ten days of
July 28, 1991. Kidnapping offenders who, on July 27, 1997,
are not in custody but are under the jurisdiction of the
indeterminate sentence review board or under the department
of correction’s active supervision, as defined by the department of corrections, the state department of social and health
services, or a local division of youth services, for kidnapping
offenses committed before, on, or after July 27, 1997, must
register within ten days of July 27, 1997. A change in
supervision status of a sex offender who was required to
register under this subsection (4)(a)(ii) as of July 28, 1991,
or a kidnapping offender required to register as of July 27,
1997, shall not relieve the offender of the duty to register or
to reregister following a change in residence. The obligation
to register shall only cease pursuant to RCW 9A.44.140.
(2002 Ed.)
Sex Offenses
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and
kidnapping offenders who, on or after July 27, 1997, as a
result of that offense are in the custody of the United States
bureau of prisons or other federal or military correctional
agency for sex offenses committed before, on, or after
February 28, 1990, or kidnapping offenses committed on,
before, or after July 27, 1997, must register within twentyfour hours from the time of release with the county sheriff
for the county of the person’s residence, or if the person is
not a resident of Washington, the county of the person’s
school, or place of employment or vocation. Sex offenders
who, on July 23, 1995, are not in custody but are under the
jurisdiction of the United States bureau of prisons, United
States courts, United States parole commission, or military
parole board for sex offenses committed before, on, or after
February 28, 1990, must register within ten days of July 23,
1995. Kidnapping offenders who, on July 27, 1997, are not
in custody but are under the jurisdiction of the United States
bureau of prisons, United States courts, United States parole
commission, or military parole board for kidnapping offenses
committed before, on, or after July 27, 1997, must register
within ten days of July 27, 1997. A change in supervision
status of a sex offender who was required to register under
this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall
not relieve the offender of the duty to register or to reregister
following a change in residence, or if the person is not a
resident of Washington, the county of the person’s school, or
place of employment or vocation. The obligation to register
shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT
CONFINED. Sex offenders who are convicted of a sex
offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, and kidnapping
offenders who are convicted on or after July 27, 1997, for a
kidnapping offense that was committed on or after July 27,
1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county
sheriff to register immediately upon completion of being
sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR
RETURNING WASHINGTON RESIDENTS. Sex offenders
and kidnapping offenders who move to Washington state
from another state or a foreign country that are not under the
jurisdiction of the state department of corrections, the
indeterminate sentence review board, or the state department
of social and health services at the time of moving to
Washington, must register within thirty days of establishing
residence or reestablishing residence if the person is a former
Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of
another state or a foreign country, federal or military
statutes, or Washington state for offenses committed on or
after February 28, 1990, and to kidnapping offenders
convicted under the laws of another state or a foreign
country, federal or military statutes, or Washington state for
offenses committed on or after July 27, 1997. Sex offenders
and kidnapping offenders from other states or a foreign
country who, when they move to Washington, are under the
jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and
(2002 Ed.)
9A.44.130
health services must register within twenty-four hours of
moving to Washington. The agency that has jurisdiction
over the offender shall notify the offender of the registration
requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been
found not guilty by reason of insanity under chapter 10.77
RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in
custody, as a result of that finding, of the state department
of social and health services, or (B) committing a kidnapping
offense on, before, or after July 27, 1997, and who on or
after July 27, 1997, is in custody, as a result of that finding,
of the state department of social and health services, must
register within twenty-four hours from the time of release
with the county sheriff for the county of the person’s
residence. The state department of social and health services
shall provide notice to the adult or juvenile in its custody of
the duty to register. Any adult or juvenile who has been
found not guilty by reason of insanity of committing a sex
offense on, before, or after February 28, 1990, but who was
released before July 23, 1995, or any adult or juvenile who
has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July
27, 1997, shall be required to register within twenty-four
hours of receiving notice of this registration requirement.
The state department of social and health services shall make
reasonable attempts within available resources to notify sex
offenders who were released before July 23, 1995, and
kidnapping offenders who were released before July 27,
1997. Failure to register within twenty-four hours of release,
or of receiving notice, constitutes a violation of this section
and is punishable as provided in subsection (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and
leaves the county in which he or she is registered and enters
and remains within a new county for twenty-four hours is
required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the
information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION.
Offenders who lack a fixed residence and who are under the
supervision of the department shall register in the county of
their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY
ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER
STATE. Offenders required to register in Washington, who
move to another state, or who work, carry on a vocation, or
attend school in another state shall register a new address,
fingerprints, and photograph with the new state within ten
days after establishing residence, or after beginning to work,
carry on a vocation, or attend school in the new state. The
person must also send written notice within ten days of
moving to the new state or to a foreign country to the county
sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this
information to the Washington state patrol.
(b) Failure to register within the time required under this
section constitutes a per se violation of this section and is
punishable as provided in subsection (10) of this section.
[Title 9A RCW—page 27]
9A.44.130
Title 9A RCW: Washington Criminal Code
The county sheriff shall not be required to determine
whether the person is living within the county.
(c) An arrest on charges of failure to register, service of
an information, or a complaint for a violation of this section,
or arraignment on charges for a violation of this section,
constitutes actual notice of the duty to register. Any person
charged with the crime of failure to register under this
section who asserts as a defense the lack of notice of the
duty to register shall register immediately following actual
notice of the duty through arrest, service, or arraignment.
Failure to register as required under this subsection (4)(c)
constitutes grounds for filing another charge of failing to
register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal
liability for failure to register prior to the filing of the
original charge.
(d) The deadlines for the duty to register under this
section do not relieve any sex offender of the duty to register
under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this
section changes his or her residence address within the same
county, the person must send written notice of the change of
address to the county sheriff within seventy-two hours of
moving. If any person required to register pursuant to this
section moves to a new county, the person must send written
notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence
and must register with that county sheriff within twenty-four
hours of moving. The person must also send written notice
within ten days of the change of address in the new county
to the county sheriff with whom the person last registered.
The county sheriff with whom the person last registered shall
promptly forward the information concerning the change of
address to the county sheriff for the county of the person’s
new residence. Upon receipt of notice of change of address
to a new state, the county sheriff shall promptly forward the
information regarding the change of address to the agency
designated by the new state as the state’s offender registration agency.
(b) It is an affirmative defense to a charge that the
person failed to send a notice at least fourteen days in
advance of moving as required under (a) of this subsection
that the person did not know the location of his or her new
residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the
evidence and, to prevail on the defense, must also prove by
a preponderance that the defendant sent the required notice
within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section
who lacks a fixed residence shall provide written notice to
the sheriff of the county where he or she last registered
within forty-eight hours excluding weekends and holidays
after ceasing to have a fixed residence. The notice shall
include the information required by subsection (3)(b) of this
section, except the photograph and fingerprints. The county
sheriff may, for reasonable cause, require the offender to
provide a photograph and fingerprints. The sheriff shall
forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside
in another county.
(b) A person who lacks a fixed residence must report
weekly, in person, to the sheriff of the county where he or
[Title 9A RCW—page 28]
she is registered. The weekly report shall be on a day
specified by the county sheriff’s office, and shall occur
during normal business hours. The county sheriff’s office
may require the person to list the locations where the person
has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining
an offender’s risk level and shall make the offender subject
to disclosure of information to the public at large pursuant
to RCW 4.24.550.
(c) If any person required to register pursuant to this
section does not have a fixed residence, it is an affirmative
defense to the charge of failure to register, that he or she
provided written notice to the sheriff of the county where he
or she last registered within forty-eight hours excluding
weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements
under this section who applies to change his or her name
under RCW 4.24.130 or any other law shall submit a copy
of the application to the county sheriff of the county of the
person’s residence and to the state patrol not fewer than five
days before the entry of an order granting the name change.
No sex offender under the requirement to register under this
section at the time of application shall be granted an order
changing his or her name if the court finds that doing so will
interfere with legitimate law enforcement interests, except
that no order shall be denied when the name change is
requested for religious or legitimate cultural reasons or in
recognition of marriage or dissolution of marriage. A sex
offender under the requirement to register under this section
who receives an order changing his or her name shall submit
a copy of the order to the county sheriff of the county of the
person’s residence and to the state patrol within five days of
the entry of the order.
(8) The county sheriff shall obtain a photograph of the
individual and shall obtain a copy of the individual’s
fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200,
43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW
9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual
misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense
that under the laws of this state would be classified as a sex
offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a sex
offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of
kidnapping in the first degree, kidnapping in the second
degree, and unlawful imprisonment, as defined in chapter
9A.40 RCW, where the victim is a minor and the offender
is not the minor’s parent; (ii) any offense that is, under
chapter 9A.28 RCW, a criminal attempt, criminal solicita(2002 Ed.)
Sex Offenses
tion, or criminal conspiracy to commit an offense that is
classified as a kidnapping offense under this subsection
(9)(b); and (iii) any federal or out-of-state conviction for an
offense that under the laws of this state would be classified
as a kidnapping offense under this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means
employment that is full-time or part-time for a period of time
exceeding fourteen days, or for an aggregate period of time
exceeding thirty days during any calendar year. A person is
employed or carries on a vocation whether the person’s
employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a fulltime or part-time basis, in any public or private educational
institution. An educational institution includes any secondary school, trade or professional institution, or institution of
higher education.
(10) A person who knowingly fails to register with the
county sheriff or notify the county sheriff, or who changes
his or her name without notifying the county sheriff and the
state patrol, as required by this section is guilty of a class C
felony if the crime for which the individual was convicted
was a felony sex offense as defined in subsection (9)(a) of
this section or a federal or out-of-state conviction for an
offense that under the laws of this state would be a felony
sex offense as defined in subsection (9)(a) of this section.
If the crime was other than a felony or a federal or out-ofstate conviction for an offense that under the laws of this
state would be other than a felony, violation of this section
is a gross misdemeanor.
(11) A person who knowingly fails to register or who
moves within the state without notifying the county sheriff
as required by this section is guilty of a class C felony if the
crime for which the individual was convicted was a felony
kidnapping offense as defined in subsection (9)(b) of this
section or a federal or out-of-state conviction for an offense
that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section.
If the crime was other than a felony or a federal or out-ofstate conviction for an offense that under the laws of this
state would be other than a felony, violation of this section
is a gross misdemeanor. [2002 c 31 § 1. Prior: 2001 c 169
§ 1; 2001 c 95 § 2; 2000 c 91 § 2; prior: 1999 sp.s. c 6 §
2; 1999 c 352 § 9; prior: 1998 c 220 § 1; 1998 c 139 § 1;
prior: 1997 c 340 § 3; 1997 c 113 § 3; 1996 c 275 § 11;
prior: 1995 c 268 § 3; 1995 c 248 § 1; 1995 c 195 § 1;
1994 c 84 § 2; 1991 c 274 § 2; 1990 c 3 § 402.]
Application—2002 c 31: "This act applies to all persons convicted
of communication with a minor either on, before, or after July 1, 2001,
unless otherwise relieved of the duty to register under RCW 9A.44.140."
[2002 c 31 § 2.]
Severability—2002 c 31: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 31 § 3.]
Effective date—2002 c 31: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 31 § 4.]
Effective date—2001 c 95: See note following RCW 9.94A.030.
Intent—1999 sp.s. c 6: "It is the intent of this act to revise the law
on registration of sex and kidnapping offenders in response to the case of
State v. Pickett, Docket number 41562-0-I. The legislature intends that all
sex and kidnapping offenders whose history requires them to register shall
(2002 Ed.)
9A.44.130
do so regardless of whether the person has a fixed residence. The lack of
a residential address is not to be construed to preclude registration as a sex
or kidnapping offender. The legislature intends that persons who lack a
residential address shall have an affirmative duty to report to the appropriate
county sheriff, based on the level of risk of offending." [1999 sp.s. c 6 §
1.]
Effective date—1999 sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 7, 1999]." [1999 sp.s. c 6 § 3.]
Severability—1998 c 220: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 220 § 7.]
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Intent—1994 c 84: "This act is intended to clarify existing law and
is not intended to reflect a substantive change in the law." [1994 c 84 § 1.]
Finding and intent—1991 c 274: "The legislature finds that sex
offender registration has assisted law enforcement agencies in protecting
their communities. This act is intended to clarify and amend the deadlines
for sex offenders to register. This act’s clarification or amendment of RCW
9A.44.130 does not relieve the obligation of sex offenders to comply with
the registration requirements of RCW 9A.44.130 as that statute exists before
July 28, 1991." [1991 c 274 § 1.]
Finding—Policy—1990 c 3 § 402: "The legislature finds that sex
offenders often pose a high risk of reoffense, and that law enforcement’s
efforts to protect their communities, conduct investigations, and quickly
apprehend offenders who commit sex offenses, are impaired by the lack of
information available to law enforcement agencies about convicted sex
offenders who live within the law enforcement agency’s jurisdiction.
Therefore, this state’s policy is to assist local law enforcement agencies’
efforts to protect their communities by regulating sex offenders by requiring
sex offenders to register with local law enforcement agencies as provided
in RCW 9A.44.130." [1990 c 3 § 401.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9A.44.135 Address verification. (1) When an
offender registers with the county sheriff pursuant to RCW
9A.44.130, the county sheriff shall notify the police chief or
town marshal of the jurisdiction in which the offender has
registered to live. If the offender registers to live in an
unincorporated area of the county, the sheriff shall make
reasonable attempts to verify that the offender is residing at
the registered address. If the offender registers to live in an
incorporated city or town, the police chief or town marshal
shall make reasonable attempts to verify that the offender is
residing at the registered address. Reasonable attempts at
verifying an address shall include at a minimum:
(a) For offenders who have not been previously designated sexually violent predators under chapter 71.09 RCW
or an equivalent procedure in another jurisdiction, each year
the chief law enforcement officer of the jurisdiction where
the offender is registered to live shall send by certified mail,
with return receipt requested, a nonforwardable verification
form to the offender at the offender’s last registered address.
(b) For offenders who have been previously designated
sexually violent predators under chapter 71.09 RCW or the
equivalent procedure in another jurisdiction, even if the
designation has subsequently been removed, every ninety
days the county sheriff shall send by certified mail, with
return receipt requested, a nonforwardable verification form
to the offender at the offender’s last registered address.
[Title 9A RCW—page 29]
9A.44.135
Title 9A RCW: Washington Criminal Code
(c) The offender must sign the verification form, state
on the form whether he or she still resides at the last
registered address, and return the form to the chief law
enforcement officer of the jurisdiction where the offender is
registered to live within ten days after receipt of the form.
(2) The chief law enforcement officer of the jurisdiction
where the offender has registered to live shall make reasonable attempts to locate any sex offender who fails to return
the verification form or who cannot be located at the registered address. If the offender fails to return the verification
form or the offender is not at the last registered address, the
chief law enforcement officer of the jurisdiction where the
offender has registered to live shall promptly forward this
information to the county sheriff and to the Washington state
patrol for inclusion in the central registry of sex offenders.
(3) When an offender notifies the county sheriff of a
change to his or her residence address pursuant to RCW
9A.44.130, and the new address is in a different law enforcement jurisdiction, the county sheriff shall notify the
police chief or town marshal of the jurisdiction from which
the offender has moved. [2000 c 91 § 1; 1999 c 196 § 15;
1998 c 220 § 2; 1995 c 248 § 3.]
Construction—Short title—1999 c 196: See RCW 72.09.904 and
72.09.905.
Severability—1999 c 196: See note following RCW 9.94A.010.
Severability—1998 c 220: See note following RCW 9A.44.130.
9A.44.140 Registration of sex offenders and kidnapping offenders—End of duty to register—Expiration of
subsection. (1) The duty to register under RCW 9A.44.130
shall end:
(a) For a person convicted of a class A felony or an
offense listed in subsection (5) of this section, or a person
convicted of any sex offense or kidnapping offense who has
one or more prior convictions for a sex offense or kidnapping offense: Such person may only be relieved of the duty
to register under subsection (3) or (4) of this section.
(b) For a person convicted of a class B felony, and the
person does not have one or more prior convictions for a sex
offense or kidnapping offense and the person’s current
offense is not listed in subsection (5) of this section: Fifteen
years after the last date of release from confinement, if any,
(including full-time residential treatment) pursuant to the
conviction, or entry of the judgment and sentence, if the
person has spent fifteen consecutive years in the community
without being convicted of any new offenses.
(c) For a person convicted of a class C felony, a
violation of RCW 9.68A.090 or 9A.44.096, or an attempt,
solicitation, or conspiracy to commit a class C felony, and
the person does not have one or more prior convictions for
a sex offense or kidnapping offense and the person’s current
offense is not listed in subsection (5) of this section: Ten
years after the last date of release from confinement, if any,
(including full-time residential treatment) pursuant to the
conviction, or entry of the judgment and sentence, if the
person has spent ten consecutive years in the community
without being convicted of any new offenses.
(2) The provisions of subsection (1) of this section shall
apply equally to a person who has been found not guilty by
reason of insanity under chapter 10.77 RCW of a sex offense
or kidnapping offense.
[Title 9A RCW—page 30]
(3)(a) Except as provided in (b) of this subsection, any
person having a duty to register under RCW 9A.44.130 may
petition the superior court to be relieved of that duty, if the
person has spent ten consecutive years in the community
without being convicted of any new offenses. The petition
shall be made to the court in which the petitioner was
convicted of the offense that subjects him or her to the duty
to register, or, in the case of convictions in other states, a
foreign country, or a federal or military court, to the court in
Thurston county. The prosecuting attorney of the county
shall be named and served as the respondent in any such
petition. The court shall consider the nature of the registrable offense committed, and the criminal and relevant
noncriminal behavior of the petitioner both before and after
conviction, and may consider other factors. Except as
provided in subsection (4) of this section, the court may
relieve the petitioner of the duty to register only if the
petitioner shows, with clear and convincing evidence, that
future registration of the petitioner will not serve the
purposes of RCW 9A.44.130, 10.01.200, 43.43.540,
46.20.187, 70.48.470, and 72.09.330.
(b)(i) The court may not relieve a person of the duty to
register if the person has been determined to be a sexually
violent predator as defined in RCW 71.09.020, or has been
convicted of a sex offense or kidnapping offense that is a
class A felony and that was committed with forcible compulsion on or after June 8, 2000.
(ii) The court may not relieve a person of the duty to
register if the person has been convicted of one aggravated
offense or more than one sexually violent offense, as defined
in subsection (5) of this section, and the offense or offenses
were committed on or after March 12, 2002.
(c) Any person subject to (b) of this subsection or
subsection (5) of this section may petition the court to be
exempted from any community notification requirements that
the person may be subject to fifteen years after the later of
the entry of the judgment and sentence or the last date of
release from confinement, including full-time residential
treatment, pursuant to the conviction, if the person has spent
the time in the community without being convicted of any
new offense.
(4) An offender having a duty to register under RCW
9A.44.130 for a sex offense or kidnapping offense committed when the offender was a juvenile may petition the
superior court to be relieved of that duty. The court shall
consider the nature of the registrable offense committed, and
the criminal and relevant noncriminal behavior of the petitioner both before and after adjudication, and may consider
other factors.
(a) The court may relieve the petitioner of the duty to
register for a sex offense or kidnapping offense that was
committed while the petitioner was fifteen years of age or
older only if the petitioner shows, with clear and convincing
evidence, that future registration of the petitioner will not
serve the purposes of RCW 9A.44.130, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330.
(b) The court may relieve the petitioner of the duty to
register for a sex offense or kidnapping offense that was
committed while the petitioner was under the age of fifteen
if the petitioner (i) has not been adjudicated of any additional sex offenses or kidnapping offenses during the twentyfour months following the adjudication for the offense giving
(2002 Ed.)
Sex Offenses
rise to the duty to register, and (ii) proves by a preponderance of the evidence that future registration of the petitioner
will not serve the purposes of RCW 9A.44.130, 10.01.200,
43.43.540, 46.20.187, 70.48.470, and 72.09.330.
This subsection shall not apply to juveniles prosecuted
as adults.
(5)(a) A person who has been convicted of an aggravated offense, or has been convicted of one or more prior
sexually violent offenses or criminal offenses against a
victim who is a minor, as defined in (b) of this subsection
may only be relieved of the duty to register under subsection
(3)(b) of this section. This provision shall apply to convictions for crimes committed on or after July 22, 2001.
(b) Unless the context clearly requires otherwise, the
following definitions apply only to the federal lifetime
registration requirements under this subsection:
(i) "Aggravated offense" means an adult conviction that
meets the definition of 18 U.S.C. Sec. 2241, which is limited
to the following:
(A) Any sex offense involving sexual intercourse or
sexual contact where the victim is under twelve years of age;
(B) RCW 9A.44.040 (rape in the first degree), RCW
9A.44.073 (rape of a child in the first degree), or RCW
9A.44.083 (child molestation in the first degree);
(C) Any of the following offenses when committed by
forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of
that person, a drug, intoxicant, or other similar substance that
substantially impairs the ability of that person to appraise or
control conduct: RCW 9A.44.050 (rape in the second
degree), RCW 9A.44.100 (indecent liberties), RCW
9A.44.160 (custodial sexual misconduct in the first degree),
RCW 9A.64.020 (incest), or RCW 9.68A.040 (sexual
exploitation of a minor);
(D) Any of the following offenses when committed by
forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of
that person, a drug, intoxicant, or other similar substance that
substantially impairs the ability of that person to appraise or
control conduct, if the victim is twelve years of age or over
but under sixteen years of age and the offender is eighteen
years of age or over and is more than forty-eight months
older than the victim: RCW 9A.44.076 (rape of a child in
the second degree), RCW 9A.44.079 (rape of a child in the
third degree), RCW 9A.44.086 (child molestation in the
second degree), or RCW 9A.44.089 (child molestation in the
third degree);
(E) A felony with a finding of sexual motivation under
*RCW 9.94A.835 where the victim is under twelve years of
age or that is committed by forcible compulsion or by the
offender administering, by threat or force or without the
knowledge or permission of that person, a drug, intoxicant,
or other similar substance that substantially impairs the
ability of that person to appraise or control conduct;
(F) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(G) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(i)(A) through (F) of this subsection.
(ii) "Sexually violent offense" means an adult conviction
that meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A),
which is limited to the following:
(2002 Ed.)
9A.44.140
(A) An aggravated offense;
(B) An offense that is not an aggravated offense but
meets the definition of 18 U.S.C. Sec. 2242, which is limited
to RCW 9A.44.050(1) (b) through (f) (rape in the second
degree) and RCW 9A.44.100(1) (b) through (f) (indecent
liberties);
(C) A felony with a finding of sexual motivation under
*RCW 9.94A.835 where the victim is incapable of appraising the nature of the conduct or physically incapable of
declining participation in, or communicating unwillingness
to engage in, the conduct;
(D) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(ii)(A) through (D) of this subsection.
(iii) "Criminal offense against a victim who is a minor"
means, in addition to any aggravated offense or sexually
violent offense where the victim was under eighteen years of
age, an adult conviction for the following offenses where the
victim is under eighteen years of age:
(A) RCW 9A.44.060 (rape in the third degree), RCW
9A.44.076 (rape of a child in the second degree), RCW
9A.44.079 (rape of a child in the third degree), RCW
9A.44.086 (child molestation in the second degree), RCW
9A.44.089 (child molestation in the third degree), RCW
9A.44.093 (sexual misconduct with a minor in the first
degree), RCW 9A.44.096 (sexual misconduct with a minor
in the second degree), RCW 9A.44.160 (custodial sexual
misconduct in the first degree), RCW 9A.64.020 (incest),
RCW 9.68A.040 (sexual exploitation of a minor), RCW
9.68A.090 (communication with a minor for immoral
purposes), or RCW 9.68A.100 (patronizing a juvenile
prostitute);
(B) RCW 9A.40.020 (kidnapping in the first degree),
RCW 9A.40.030 (kidnapping in the second degree), or RCW
9A.40.040 (unlawful imprisonment), where the victim is a
minor and the offender is not the minor’s parent;
(C) A felony with a finding of sexual motivation under
*RCW 9.94A.835 where the victim is a minor;
(D) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(iii)(A) through (D) of this subsection.
(6) Unless relieved of the duty to register pursuant to
this section, a violation of RCW 9A.44.130 is an ongoing
offense for purposes of the statute of limitations under RCW
9A.04.080.
(7) Nothing in *RCW 9.94A.637 relating to discharge
of an offender shall be construed as operating to relieve the
offender of his or her duty to register pursuant to RCW
9A.44.130.
(8) For purposes of determining whether a person has
been convicted of more than one sex offense, failure to
register as a sex offender or kidnapping offender is not a sex
or kidnapping offense. [2002 c 25 § 1; 2001 c 170 § 2;
2000 c 91 § 3; 1998 c 220 § 3; 1997 c 113 § 4; 1996 c 275
§ 12. Prior: 1995 c 268 § 4; 1995 c 248 § 2; 1995 c 195
§ 2; 1991 c 274 § 3; 1990 c 3 § 408.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
[Title 9A RCW—page 31]
9A.44.140
Title 9A RCW: Washington Criminal Code
Expiration of subsection: "RCW 9A.44.140(3)(b)(ii) expires July 1,
2012." [2002 c 25 § 2.]
Effective date—2002 c 25: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 25 § 3.]
Intent—2001 c 170: "The legislature intends to amend the lifetime
sex offender registration requirement so that it is narrowly tailored to meet
the requirements of the Jacob Wetterling act." [2001 c 170 § 1.]
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Finding and intent—1991 c 274: See note following RCW
9A.44.130.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9A.44.145 Notification to offenders of changed
requirements. The state patrol shall notify registered sex
and kidnapping offenders of any change to the registration
requirements. [1998 c 139 § 2.]
9A.44.150 Testimony of child by closed circuit
television. (1) On motion of the prosecuting attorney in a
criminal proceeding, the court may order that a child under
the age of ten may testify in a room outside the presence of
the defendant and the jury while one-way closed circuit
television equipment simultaneously projects the child’s
testimony into another room so the defendant and the jury
can watch and hear the child testify if:
(a) The testimony will describe an act or attempted act
of sexual contact performed with or on the child by another
or describe an act or attempted act of physical abuse against
the child by another;
(b) The testimony is taken during the criminal proceeding;
(c) The court finds by substantial evidence, in a hearing
conducted outside the presence of the jury, that requiring the
child to testify in the presence of the defendant will cause
the child to suffer serious emotional or mental distress that
will prevent the child from reasonably communicating at the
trial. If the defendant is excluded from the presence of the
child, the jury must also be excluded;
(d) As provided in subsection (1)(a) and (b) of this
section, the court may allow a child to testify in the presence
of the defendant but outside the presence of the jury, via
closed circuit television, if the court finds, upon motion and
hearing outside the presence of the jury, that the child will
suffer serious emotional distress that will prevent the child
from reasonably communicating at the trial in front of the
jury, or, that although the child may be able to reasonably
communicate at trial in front of the jury, the child will suffer
serious emotional or mental distress from testifying in front
of the jury. If the child is able to communicate in front of
the defendant but not the jury the defendant will remain in
the room with the child while the jury is excluded from the
room;
(e) The court finds that the prosecutor has made all
reasonable efforts to prepare the child for testifying, including informing the child or the child’s parent or guardian
about community counseling services, giving court tours, and
[Title 9A RCW—page 32]
explaining the trial process. If the prosecutor fails to
demonstrate that preparations were implemented or the
prosecutor in good faith attempted to implement them, the
court shall deny the motion;
(f) The court balances the strength of the state’s case
without the testimony of the child against the defendant’s
constitutional rights and the degree of infringement of the
closed-circuit television procedure on those rights;
(g) The court finds that no less restrictive method of
obtaining the testimony exists that can adequately protect the
child from the serious emotional or mental distress;
(h) When the court allows the child to testify outside the
presence of the defendant, the defendant can communicate
constantly with the defense attorney by electronic transmission and be granted reasonable court recesses during the
child’s testimony for person-to-person consultation with the
defense attorney;
(i) The court can communicate with the attorneys by an
audio system so that the court can rule on objections and
otherwise control the proceedings;
(j) All parties in the room with the child are on camera
and can be viewed by all other parties. If viewing all
participants is not possible, the court shall describe for the
viewers the location of the prosecutor, defense attorney, and
other participants in relation to the child;
(k) The court finds that the television equipment is
capable of making an accurate reproduction and the operator
of the equipment is competent to operate the equipment; and
(l) The court imposes reasonable guidelines upon the
parties for conducting the filming to avoid trauma to the
child or abuse of the procedure for tactical advantage.
The prosecutor, defense attorney, and a neutral and
trained victim’s advocate, if any, shall always be in the room
where the child is testifying. The court in the court’s
discretion depending on the circumstances and whether the
jury or defendant or both are excluded from the room where
the child is testifying, may remain or may not remain in the
room with the child.
(2) During the hearing conducted under subsection (1)
of this section to determine whether the child may testify
outside the presence of the defendant and/or the jury, the
court may conduct the observation and examination of the
child outside the presence of the defendant if:
(a) The prosecutor alleges and the court concurs that the
child will be unable to testify in front of the defendant or
will suffer severe emotional or mental distress if forced to
testify in front of the defendant;
(b) The defendant can observe and hear the child by
closed-circuit television;
(c) The defendant can communicate constantly with the
defense attorney during the examination of the child by
electronic transmission and be granted reasonable court
recesses during the child’s examination for person-to-person
consultation with the defense attorney; and
(d) The court finds the closed-circuit television is capable of making an accurate reproduction and the operator of
the equipment is competent to operate the equipment.
Whenever possible, all the parties in the room with the child
shall be on camera so that the viewers can see all the parties.
If viewing all participants is not possible, then the court shall
describe for the viewers the location of the prosecutor,
(2002 Ed.)
Sex Offenses
defense attorney, and other participants in relation to the
child.
(3) The court shall make particularized findings on the
record articulating the factors upon which the court based its
decision to allow the child to testify via closed-circuit
television pursuant to this section. The factors the court may
consider include, but are not limited to, a consideration of
the child’s age, physical health, emotional stability, expressions by the child of fear of testifying in open court or in
front of the defendant, the relationship of the defendant to
the child, and the court’s observations of the child’s inability
to reasonably communicate in front of the defendant or in
open court. The court’s findings shall identify the impact
the factors have upon the child’s ability to testify in front of
the jury or the defendant or both and the specific nature of
the emotional or mental trauma the child would suffer. The
court shall determine whether the source of the trauma is the
presence of the defendant, the jury, or both, and shall limit
the use of the closed-circuit television accordingly.
(4) This section does not apply if the defendant is an
attorney pro se unless the defendant has a court-appointed
attorney assisting the defendant in the defense.
(5) This section may not preclude the presence of both
the victim and the defendant in the courtroom together for
purposes of establishing or challenging the identification of
the defendant when identification is a legitimate issue in the
proceeding.
(6) The Washington supreme court may adopt rules of
procedure regarding closed-circuit television procedures.
(7) All recorded tapes of testimony produced by closedcircuit television equipment shall be subject to any protective
order of the court for the purpose of protecting the privacy
of the child.
(8) Nothing in this section creates a right of the child
witness to a closed-circuit television procedure in lieu of
testifying in open court.
(9) The state shall bear the costs of the closed-circuit
television procedure. [1990 c 150 § 2.]
Legislative declaration—1990 c 150: "The legislature declares that
protection of child witnesses in sexual assault and physical abuse cases is
a substantial and compelling interest of the state. Sexual and physical abuse
cases are some of the most difficult cases to prosecute, in part because
frequently no witnesses exist except the child victim. When abuse is
prosecuted, a child victim may suffer serious emotional and mental trauma
from exposure to the abuser or from testifying in open court. In rare cases,
the child is so traumatized that the child is unable to testify at trial and is
unavailable as a witness or the child’s ability to communicate in front of the
jury or defendant is so reduced that the truth-seeking function of trial is
impaired. In other rare cases, the child is able to proceed to trial but suffers
long-lasting trauma as a result of testifying in court or in front of the
defendant. The creation of procedural devices designed to enhance the
truth-seeking process and to shield child victims from the trauma of
exposure to the abuser and the courtroom is a compelling state interest."
[1990 c 150 § 1.]
Severability—1990 c 150: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 150 § 3.]
9A.44.160 Custodial sexual misconduct in the first
degree. (1) A person is guilty of custodial sexual misconduct in the first degree when the person has sexual intercourse with another person:
(a) When:
(2002 Ed.)
9A.44.150
(i) The victim is a resident of a state, county, or city
adult or juvenile correctional facility, including but not
limited to jails, prisons, detention centers, or work release
facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel
of a correctional agency and the perpetrator has, or the
victim reasonably believes the perpetrator has, the ability to
influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest[,] or
in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the first degree is a
class C felony. [1999 c 45 § 1.]
9A.44.170 Custodial sexual misconduct in the
second degree. (1) A person is guilty of custodial sexual
misconduct in the second degree when the person has sexual
contact with another person:
(a) When:
(i) The victim is a resident of a state, county, or city
adult or juvenile correctional facility, including but not
limited to jails, prisons, detention centers, or work release
facilities, or is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel
of a correctional agency and the perpetrator has, or the
victim reasonably believes the perpetrator has, the ability to
influence the terms, conditions, length, or fact of incarceration or correctional supervision; or
(b) When the victim is being detained, under arrest, or
in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the second degree is
a gross misdemeanor. [1999 c 45 § 2.]
9A.44.180 Custodial sexual misconduct—Defense.
It is an affirmative defense to prosecution under RCW
9A.44.160 or 9A.44.170, to be proven by the defendant by
a preponderance of the evidence, that the act of sexual
intercourse or sexual contact resulted from forcible compulsion by the other person. [1999 c 45 § 3.]
9A.44.900 Decodifications and additions to this
chapter. RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as
now or hereafter amended, 9.79.180 as now or hereafter
amended, 9.79.190 as now or hereafter amended, 9.79.200 as
now or hereafter amended, 9.79.210 as now or hereafter
amended, 9.79.220 as now or hereafter amended, 9A.88.020,
and 9A.88.100 are each decodified and are each added to
Title 9A RCW as a new chapter with the designation chapter
9A.44 RCW. [1979 ex.s. c 244 § 17.]
9A.44.901 Construction—Sections decodified and
added to this chapter. The sections decodified by RCW
9A.44.900 and added to Title 9A RCW as a new chapter
with the designation chapter 9A.44 RCW shall be construed
as part of Title 9A RCW. [1979 ex.s. c 244 § 18.]
[Title 9A RCW—page 33]
9A.44.902
Title 9A RCW: Washington Criminal Code
9A.44.902 Effective date—1979 ex.s. c 244. This act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1979. [1979 ex.s. c 244 § 19.]
9A.44.903 Section captions—1988 c 145. Section
captions as used in this chapter do not constitute any part of
the law. [1988 c 145 § 22.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Chapter 9A.46
HARASSMENT
Sections
9A.46.010
9A.46.020
9A.46.030
9A.46.040
Legislative finding.
Definition—Penalties.
Place where committed.
Court-ordered requirements upon person charged with
crime—Violation.
9A.46.050 Arraignment—No-contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact—Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
9A.46.900 Short title.
9A.46.905 Effective date—1985 c 288.
9A.46.910 Severability—1985 c 288.
Disclosure of information to person threatened or harassed by mentally ill
person: RCW 71.05.390.
Harassment: RCW 9A.36.080, chapter 10.14 RCW.
9A.46.010 Legislative finding. The legislature finds
that the prevention of serious, personal harassment is an
important government objective. Toward that end, this
chapter is aimed at making unlawful the repeated invasions
of a person’s privacy by acts and threats which show a
pattern of harassment designed to coerce, intimidate, or
humiliate the victim.
The legislature further finds that the protection of such
persons from harassment can be accomplished without
infringing on constitutionally protected speech or activity.
[1985 c 288 § 1.]
9A.46.020 Definition—Penalties. (1) A person is
guilty of harassment if:
(a) Without lawful authority, the person knowingly
threatens:
(i) To cause bodily injury immediately or in the future
to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a
person other than the actor; or
(iii) To subject the person threatened or any other
person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended
to substantially harm the person threatened or another with
respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person
threatened in reasonable fear that the threat will be carried
[Title 9A RCW—page 34]
out. "Words or conduct" includes, in addition to any other
form of communication or conduct, the sending of an electronic communication.
(2) A person who harasses another is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW, except
that the person is guilty of a class C felony if either of the
following applies: (a) The person has previously been
convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or
members of the victim’s family or household or any person
specifically named in a no-contact or no-harassment order;
or (b) the person harasses another person under subsection
(1)(a)(i) of this section by threatening to kill the person
threatened or any other person.
(3) The penalties provided in this section for harassment
do not preclude the victim from seeking any other remedy
otherwise available under law. [1999 c 27 § 2; 1997 c 105
§ 1; 1992 c 186 § 2; 1985 c 288 § 2.]
Intent—1999 c 27: "It is the intent of chapter 27, Laws of 1999 to
clarify that electronic communications are included in the types of conduct
and actions that can constitute the crimes of harassment and stalking. It is
not the intent of the legislature, by adoption of chapter 27, Laws of 1999,
to restrict in any way the types of conduct or actions that can constitute
harassment or stalking." [1999 c 27 § 1.]
Severability—1992 c 186: See note following RCW 9A.46.110.
9A.46.030 Place where committed. Any harassment
offense committed as set forth in RCW 9A.46.020 or
9A.46.110 may be deemed to have been committed where
the conduct occurred or at the place from which the threat or
threats were made or at the place where the threats were
received. [1992 c 186 § 3; 1985 c 288 § 3.]
Severability—1992 c 186: See note following RCW 9A.46.110.
9A.46.040 Court-ordered requirements upon person
charged with crime—Violation. (1) Because of the
likelihood of repeated harassment directed at those who have
been victims of harassment in the past, when any defendant
charged with a crime involving harassment is released from
custody before trial on bail or personal recognizance, the
court authorizing the release may require that the defendant:
(a) Stay away from the home, school, business, or place
of employment of the victim or victims of the alleged
offense or other location, as shall be specifically named by
the court in the order;
(b) Refrain from contacting, intimidating, threatening, or
otherwise interfering with the victim or victims of the
alleged offense and such other persons, including but not
limited to members of the family or household of the victim,
as shall be specifically named by the court in the order.
(2) An intentional violation of a court order issued
under this section is a misdemeanor. The written order
releasing the defendant shall contain the court’s directives
and shall bear the legend: Violation of this order is a
criminal offense under chapter 9A.46 RCW. A certified
copy of the order shall be provided to the victim by the clerk
of the court. [1985 c 288 § 4.]
9A.46.050 Arraignment—No-contact order. A
defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested
shall appear in court for arraignment in person as soon as
(2002 Ed.)
Harassment
practicable, but in no event later than fourteen days after the
next day on which court is in session following the issuance
of the citation or the filing of the complaint or information.
At that appearance, the court shall determine the necessity of
imposing a no-contact or no-harassment order, and consider
the provisions of RCW 9.41.800, or other conditions of
pretrial release according to the procedures established by
court rule for preliminary appearance or an arraignment.
[1994 sp.s. c 7 § 447; 1985 c 288 § 5.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9A.46.060 Crimes included in harassment. As used
in this chapter, "harassment" may include but is not limited
to any of the following crimes:
(1) Harassment (RCW 9A.46.020);
(2) Malicious harassment (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (RCW 9A.36.011);
(5) Assault of a child in the first degree (RCW
9A.36.120);
(6) Assault in the second degree (RCW 9A.36.021);
(7) Assault of a child in the second degree (RCW
9A.36.130);
(8) Assault in the fourth degree (RCW 9A.36.041);
(9) Reckless endangerment (RCW 9A.36.050);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree (RCW
9A.52.070);
(16) Criminal trespass in the second degree (RCW
9A.52.080);
(17) Malicious mischief in the first degree (RCW
9A.48.070);
(18) Malicious mischief in the second degree (RCW
9A.48.080);
(19) Malicious mischief in the third degree (RCW
9A.48.090);
(20) Kidnapping in the first degree (RCW 9A.40.020);
(21) Kidnapping in the second degree (RCW
9A.40.030);
(22) Unlawful imprisonment (RCW 9A.40.040);
(23) Rape in the first degree (RCW 9A.44.040);
(24) Rape in the second degree (RCW 9A.44.050);
(25) Rape in the third degree (RCW 9A.44.060);
(26) Indecent liberties (RCW 9A.44.100);
(27) Rape of a child in the first degree (RCW
9A.44.073);
(28) Rape of a child in the second degree (RCW
9A.44.076);
(29) Rape of a child in the third degree (RCW
9A.44.079);
(30) Child molestation in the first degree (RCW
9A.44.083);
(31) Child molestation in the second degree (RCW
9A.44.086);
(32) Child molestation in the third degree (RCW 9A.44.089);
(2002 Ed.)
9A.46.050
(33) Stalking (RCW 9A.46.110);
(34) Residential burglary (RCW 9A.52.025);
(35) Violation of a temporary or permanent protective
order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09,
or 26.50 RCW;
(36) Unlawful discharge of a laser in the first degree
(RCW 9A.49.020); and
(37) Unlawful discharge of a laser in the second degree
(RCW 9A.49.030). [1999 c 180 § 7; 1997 c 338 § 52.
Prior: 1994 c 271 § 802; 1994 c 121 § 2; prior: 1992 c 186
§ 4; 1992 c 145 § 12; 1988 c 145 § 15; 1985 c 288 § 6.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1992 c 186: See note following RCW 9A.46.110.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
9A.46.070 Enforcement of orders restricting
contact. Any law enforcement agency in this state may
enforce this chapter as it relates to orders restricting the
defendants’ ability to have contact with the victim or others.
[1985 c 288 § 7.]
9A.46.080 Order restricting contact—Violation.
The victim shall be informed by local law enforcement
agencies or the prosecuting attorney of the final disposition
of the case in which the victim is involved. If a defendant
is found guilty of a crime of harassment and a condition of
the sentence restricts the defendant’s ability to have contact
with the victim or witnesses, the condition shall be recorded
and a written certified copy of that order shall be provided
to the victim or witnesses by the clerk of the court. Willful
violation of a court order issued under this section is a
misdemeanor. The written order shall contain the court’s
directives and shall bear the legend: Violation of this order
is a criminal offense under chapter 9A.46 RCW and will
subject a violator to arrest. [1985 c 288 § 8.]
9A.46.090 Nonliability of peace officer. A peace
officer shall not be held liable in any civil action for an
arrest based on probable cause, enforcement in good faith of
a court order, or any other action or omission in good faith
under this chapter arising from an alleged incident of harassment brought by any party to the incident. [1985 c 288 § 9.]
9A.46.100 "Convicted," time when. As used in
RCW 9.61.230, 9A.46.020, or 9A.46.110, a person has been
"convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding
the pendency of any future proceedings including but not
limited to sentencing, posttrial motions, and appeals. [1992
c 186 § 5; 1985 c 288 § 10.]
Severability—1992 c 186: See note following RCW 9A.46.110.
9A.46.110 Stalking. (1) A person commits the crime
of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
[Title 9A RCW—page 35]
9A.46.110
Title 9A RCW: Washington Criminal Code
(a) He or she intentionally and repeatedly harasses or
repeatedly follows another person; and
(b) The person being harassed or followed is placed in
fear that the stalker intends to injure the person, another
person, or property of the person or of another person. The
feeling of fear must be one that a reasonable person in the
same situation would experience under all the circumstances;
and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person;
or
(ii) Knows or reasonably should know that the person
is afraid, intimidated, or harassed even if the stalker did not
intend to place the person in fear or intimidate or harass the
person.
(2)(a) It is not a defense to the crime of stalking under
subsection (1)(c)(i) of this section that the stalker was not
given actual notice that the person did not want the stalker
to contact or follow the person; and
(b) It is not a defense to the crime of stalking under
subsection (1)(c)(ii) of this section that the stalker did not
intend to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the
defendant is a licensed private investigator acting within the
capacity of his or her license as provided by chapter 18.165
RCW.
(4) Attempts to contact or follow the person after being
given actual notice that the person does not want to be
contacted or followed constitutes prima facie evidence that
the stalker intends to intimidate or harass the person.
"Contact" includes, in addition to any other form of contact
or communication, the sending of an electronic communication to the person.
(5) A person who stalks another person is guilty of a
gross misdemeanor except that the person is guilty of a class
C felony if any of the following applies: (a) The stalker has
previously been convicted in this state or any other state of
any crime of harassment, as defined in RCW 9A.46.060, of
the same victim or members of the victim’s family or
household or any person specifically named in a protective
order; (b) the stalking violates any protective order protecting the person being stalked; (c) the stalker has previously been convicted of a gross misdemeanor or felony stalking
offense under this section for stalking another person; (d) the
stalker was armed with a deadly weapon, as defined in
*RCW 9.94A.602, while stalking the person; (e) the stalker’s
victim is or was a law enforcement officer, judge, juror,
attorney, victim advocate, legislator, or community
correction’s officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed
during the course of official duties or to influence the
victim’s performance of official duties; or (f) the stalker’s
victim is a current, former, or prospective witness in an
adjudicative proceeding, and the stalker stalked the victim to
retaliate against the victim as a result of the victim’s
testimony or potential testimony.
(6) As used in this section:
(a) "Follows" means deliberately maintaining visual or
physical proximity to a specific person over a period of time.
A finding that the alleged stalker repeatedly and deliberately
appears at the person’s home, school, place of employment,
business, or any other location to maintain visual or physical
[Title 9A RCW—page 36]
proximity to the person is sufficient to find that the alleged
stalker follows the person. It is not necessary to establish
that the alleged stalker follows the person while in transit
from one location to another.
(b) "Harasses" means unlawful harassment as defined in
RCW 10.14.020.
(c) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against,
harassment of, contact or communication with, or physical
proximity to another person.
(d) "Repeatedly" means on two or more separate
occasions. [1999 c 143 § 35; 1999 c 27 § 3; 1994 c 271 §
801; 1992 c 186 § 1.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 1999 c 27 § 3 and by 1999 c 143
§ 35, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Intent—1999 c 27: See note following RCW 9A.46.020.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1992 c 186: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 186 § 10.]
9A.46.120 Criminal gang intimidation. A person
commits the offense of criminal gang intimidation if the
person threatens another person with bodily injury because
the other person refuses to join or has attempted to withdraw
from a gang, as defined in RCW 28A.600.455, if the person
who threatens the victim or the victim attends or is registered in a public or alternative school. Criminal gang
intimidation is a class C felony. [1997 c 266 § 3.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
9A.46.900 Short title. This act shall be known as the
anti-harassment act of 1985. [1985 c 288 § 12.]
9A.46.905 Effective date—1985 c 288. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect May 1,
1985. [1985 c 288 § 15.]
9A.46.910 Severability—1985 c 288. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 288 § 14.]
Chapter 9A.48
ARSON, RECKLESS BURNING, AND
MALICIOUS MISCHIEF
Sections
9A.48.010
9A.48.020
9A.48.030
9A.48.040
Definitions.
Arson in the first degree.
Arson in the second degree.
Reckless burning in the first degree.
(2002 Ed.)
Arson, Reckless Burning, and Malicious Mischief
9A.48.050
9A.48.060
9A.48.070
9A.48.080
9A.48.090
9A.48.100
9A.48.110
9A.48.120
Explosives:
Chapter 9A.48
Reckless burning in the second degree.
Reckless burning—Defense.
Malicious mischief in the first degree.
Malicious mischief in the second degree.
Malicious mischief in the third degree.
Malicious mischief—"Physical damage" defined.
Defacing a state monument.
Civil disorder training.
Chapter 70.74 RCW.
9A.48.040 Reckless burning in the first degree. (1)
A person is guilty of reckless burning in the first degree if
he recklessly damages a building or other structure or any
vehicle, railway car, aircraft or watercraft or any hay, grain,
crop, or timber whether cut or standing, by knowingly
causing a fire or explosion.
(2) Reckless burning in the first degree is a class C
felony. [1975 1st ex.s. c 260 § 9A.48.040.]
9A.48.010 Definitions. (1) For the purpose of this
chapter, unless the context indicates otherwise:
(a) "Building" has the definition in RCW 9A.04.110(5),
and where a building consists of two or more units separately secured or occupied, each unit shall not be treated as a
separate building;
(b) "Damages", in addition to its ordinary meaning,
includes any charring, scorching, burning, or breaking, or
agricultural or industrial sabotage, and shall include any
diminution in the value of any property as a consequence of
an act;
(c) "Property of another" means property in which the
actor possesses anything less than exclusive ownership.
(2) To constitute arson it is not necessary that a person
other than the actor has ownership in the building or
structure damaged or set on fire. [2002 c 32 § 1; 1975-’76
2nd ex.s. c 38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.]
9A.48.050 Reckless burning in the second degree.
(1) A person is guilty of reckless burning in the second
degree if he knowingly causes a fire or explosion, whether
on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle,
railway car, aircraft, or watercraft, or any hay, grain, crop or
timber, whether cut or standing, in danger of destruction or
damage.
(2) Reckless burning in the second degree is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.48.050.]
Effective date—2002 c 32: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 32 § 2.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.48.020 Arson in the first degree. (1) A person is
guilty of arson in the first degree if he knowingly and
maliciously:
(a) Causes a fire or explosion which is manifestly
dangerous to any human life, including firemen; or
(b) Causes a fire or explosion which damages a dwelling; or
(c) Causes a fire or explosion in any building in which
there shall be at the time a human being who is not a
participant in the crime; or
(d) Causes a fire or explosion on property valued at ten
thousand dollars or more with intent to collect insurance
proceeds.
(2) Arson in the first degree is a class A felony. [1981
c 203 § 2; 1975 1st ex.s. c 260 § 9A.48.020.]
9A.48.030 Arson in the second degree. (1) A person
is guilty of arson in the second degree if he knowingly and
maliciously causes a fire or explosion which damages a
building, or any structure or erection appurtenant to or
joining any building, or any wharf, dock, machine, engine,
automobile, or other motor vehicle, watercraft, aircraft,
bridge, or trestle, or hay, grain, crop, or timber, whether cut
or standing or any range land, or pasture land, or any fence,
or any lumber, shingle, or other timber products, or any
property.
(2) Arson in the second degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.48.030.]
(2002 Ed.)
9A.48.060 Reckless burning—Defense. In any
prosecution for the crime of reckless burning in the first or
second degrees, it shall be a defense if the defendant
establishes by a preponderance of the evidence that:
(a) No person other than the defendant had a possessory,
or pecuniary interest in the damaged or endangered property,
or if other persons had such an interest, all of them consented to the defendant’s conduct; and
(b) The defendant’s sole intent was to destroy or
damage the property for a lawful purpose. [1975 1st ex.s. c
260 § 9A.48.060.]
9A.48.070 Malicious mischief in the first degree.
(1) A person is guilty of malicious mischief in the first
degree if he knowingly and maliciously:
(a) Causes physical damage to the property of another
in an amount exceeding one thousand five hundred dollars;
(b) Causes an interruption or impairment of service
rendered to the public by physically damaging or tampering
with an emergency vehicle or property of the state, a
political subdivision thereof, or a public utility or mode of
public transportation, power, or communication; or
(c) Causes an impairment of the safety, efficiency, or
operation of an aircraft by physically damaging or tampering
with the aircraft or aircraft equipment, fuel, lubricant, or
parts.
(2) Malicious mischief in the first degree is a class B
felony. [1983 1st ex.s. c 4 § 1; 1975 1st ex.s. c 260 §
9A.48.070.]
Severability—1983 1st ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 4 § 6.]
9A.48.080 Malicious mischief in the second degree.
(1) A person is guilty of malicious mischief in the second
degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another
in an amount exceeding two hundred fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically
[Title 9A RCW—page 37]
9A.48.080
Title 9A RCW: Washington Criminal Code
damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public
utility or mode of public transportation, power, or communication.
(2) Malicious mischief in the second degree is a class C
felony. [1994 c 261 § 17; 1979 c 145 § 2; 1975 1st ex.s. c
260 § 9A.48.080.]
9A.48.110 Defacing a state monument. (1) A person
is guilty of defacing a state monument if he or she knowingly defaces a monument or memorial on the state capitol
campus or other state property.
(2) Defacing a state monument is a misdemeanor.
[1995 c 66 § 1.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Action by owner of stolen livestock: RCW 4.24.320.
9A.48.120 Civil disorder training. (1) A person is
guilty of civil disorder training if he or she teaches or
demonstrates to any other person the use, application, or
making of any device or technique capable of causing
significant bodily injury or death to persons, knowing, or
having reason to know or intending that same will be
unlawfully employed for use in, or in furtherance of, a civil
disorder.
(2) Civil disorder training is a class B felony.
(3) Nothing in this section makes unlawful any act of
any law enforcement officer that is performed in the lawful
performance of his or her official duties.
(4) Nothing in this section makes unlawful any act of
firearms training, target shooting, or other firearms activity,
so long as it is not done for the purpose of furthering a civil
disorder.
(5) For the purposes of this section:
(a) "Civil disorder" means any public disturbance
involving acts of violence that is intended to cause an
immediate danger of, or to result in, significant injury to the
person of any other individual.
(b) "Law enforcement officer" means any law enforcement officer as defined in RCW 9A.76.020(2) including
members of the Washington national guard, as defined in
RCW 38.04.010. [2002 c 340 § 1.]
9A.48.090 Malicious mischief in the third degree.
(1) A person is guilty of malicious mischief in the third
degree if he or she:
(a) Knowingly and maliciously causes physical damage
to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or
mark of any type on any public or private building or other
structure or any real or personal property owned by any
other person unless the person has obtained the express
permission of the owner or operator of the property, under
circumstances not amounting to malicious mischief in the
first or second degree.
(2)(a) Malicious mischief in the third degree under
subsection (1)(a) of this section is a gross misdemeanor if
the damage to the property is in an amount exceeding fifty
dollars; otherwise, it is a misdemeanor.
(b) Malicious mischief in the third degree under
subsection (1)(b) of this section is a gross misdemeanor.
[1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.]
9A.48.100 Malicious mischief—"Physical damage"
defined. For the purposes of RCW 9A.48.070 through
9A.48.090 inclusive:
(1) "Physical damage", in addition to its ordinary
meaning, shall include the total or partial alteration, damage,
obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are
recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or
services provided by computers. "Physical damage" also
includes any diminution in the value of any property as the
consequence of an act;
(2) If more than one item of property is physically
damaged as a result of a common scheme or plan by a
person and the physical damage to the property would, when
considered separately, constitute mischief in the third degree
because of value, then the value of the damages may be
aggregated in one count. If the sum of the value of all the
physical damages exceeds two hundred fifty dollars, the
defendant may be charged with and convicted of malicious
mischief in the second degree. [1984 c 273 § 4; 1981 c 260
§ 2. Prior: 1979 ex.s. c 244 § 11; 1979 c 145 § 3; 1977
ex.s. c 174 § 1; 1975 1st ex.s. c 260 § 9A.48.100.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Action by owner of stolen livestock: RCW 4.24.320.
Computer trespass: RCW 9A.52.110 through 9A.52.130.
[Title 9A RCW—page 38]
Chapter 9A.49
LASERS
Sections
9A.49.001
9A.49.010
9A.49.020
9A.49.030
9A.49.040
9A.49.050
Findings.
Definitions.
Unlawful discharge of a laser in the first degree.
Unlawful discharge of a laser in the second degree.
Civil infraction, when.
Exclusions.
9A.49.001 Findings. The legislature finds that lasers
are becoming both less expensive and more accessible in our
technologically advanced society. Laser devices are being
used by individuals in a manner so as to intimidate and
harass. This creates an especially serious problem for law
enforcement officers who reasonably believe they are the
target of a laser sighting device on a firearm. Additionally,
emergency service providers, service providers, and others
who operate aircraft or motor vehicles may be negatively
affected to the point of jeopardizing their safety as well as
the safety of others. In order to address the misuse of lasers,
the legislature hereby finds it necessary to criminalize the
discharge of lasers under certain circumstances. [1999 c 180
§ 1.]
(2002 Ed.)
Lasers
9A.49.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Aircraft" means any contrivance known or hereafter
invented, used, or designed for navigation of or flight in air.
(2) "Laser" means any device designed or used to
amplify electromagnetic radiation by simulated emission
which is visible to the human eye.
(3) "Laser sighting system or device" means any system
or device which is integrated with or affixed to a firearm and
which emits a laser light beam that is used by the shooter to
assist in the sight alignment of that firearm. [1999 c 180 §
2.]
9A.49.020 Unlawful discharge of a laser in the first
degree. (1) A person is guilty of unlawful discharge of a
laser in the first degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree:
(a) At a law enforcement officer or other employee of
a law enforcement agency who is performing his or her
official duties in uniform or exhibiting evidence of his or her
authority, and in a manner that would support that officer’s
or employee’s reasonable belief that he or she is targeted
with a laser sighting device or system; or
(b) At a law enforcement officer or other employee of
a law enforcement agency who is performing his or her
official duties, causing an impairment of the safety or
operation of a law enforcement vehicle or causing an
interruption or impairment of service rendered to the public
by negatively affecting the officer or employee; or
(c) At a pilot, causing an impairment of the safety or
operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or
(d) At a fire fighter or other employee of a fire department, county fire marshal’s office, county fire prevention
bureau, or fire protection district who is performing his or
her official duties, causing an impairment of the safety or
operation of an emergency vehicle or causing an interruption
or impairment of service rendered to the public by negatively
affecting the fire fighter or employee; or
(e) At a transit operator or driver of a public or private
transit company while that person is performing his or her
official duties, causing an impairment of the safety or
operation of a transit vehicle or causing an interruption or
impairment of service rendered to the public by negatively
affecting the operator or driver; or
(f) At a school bus driver employed by a school district
or private company while the driver is performing his or her
official duties, causing an impairment of the safety or
operation of a school bus or causing an interruption or
impairment of service by negatively affecting the bus driver.
(2) Except as provided in RCW 9A.49.040, unlawful
discharge of a laser in the first degree is a class C felony.
[1999 c 180 § 3.]
9A.49.030 Unlawful discharge of a laser in the
second degree. (1) A person is guilty of unlawful discharge
of a laser in the second degree if he or she knowingly and
maliciously discharges a laser, under circumstances not
(2002 Ed.)
9A.49.010
amounting to unlawful discharge of a laser in the first degree
or malicious mischief in the first or second degree:
(a) At a person, not described in RCW 9A.49.020(1) (a)
through (f), who is operating a motor vehicle at the time,
causing an impairment of the safety or operation of a motor
vehicle by negatively affecting the driver; or
(b) At a person described in RCW 9A.49.020(1) (b)
through (f), causing a substantial risk of an impairment or
interruption as described in RCW 9A.49.020(1) (b) through
(f); or
(c) At a person in order to intimidate or threaten that
person.
(2) Except as provided in RCW 9A.49.040, unlawful
discharge of a laser in the second degree is a gross misdemeanor. [1999 c 180 § 4.]
9A.49.040 Civil infraction, when. Unlawful discharge of a laser in the first degree or second degree is a
civil infraction if committed by a juvenile who has not
before committed either offense. The monetary penalty
imposed upon a juvenile may not exceed one hundred
dollars. [1999 c 180 § 5.]
9A.49.050 Exclusions. This chapter does not apply to
the conduct of a laser development activity by or on behalf
of the United States armed forces. [1999 c 180 § 6.]
Chapter 9A.50
INTERFERENCE WITH HEALTH CARE
FACILITIES OR PROVIDERS
Sections
9A.50.005
9A.50.010
9A.50.020
9A.50.030
9A.50.040
9A.50.050
9A.50.060
9A.50.070
9A.50.900
9A.50.901
9A.50.902
Finding.
Definitions.
Interference with health care facility.
Penalty.
Civil remedies.
Civil damages.
Informational picketing.
Protection of health care patients and providers.
Construction.
Severability—1993 c 128.
Effective date—1993 c 128.
9A.50.005 Finding. The legislature finds that seeking
or obtaining health care is fundamental to public health and
safety. [1993 c 128 § 1.]
9A.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Health care facility" means a facility that provides
health care services directly to patients, including but not
limited to, a hospital, clinic, health care provider’s office,
health maintenance organization, diagnostic or treatment
center, neuropsychiatric or mental health facility, hospice, or
nursing home.
(2) "Health care provider" has the same meaning as
defined in RCW 7.70.020 (1) and (2), and also means an
officer, director, employee, or agent of a health care facility
who sues or testifies regarding matters within the scope of
his or her employment.
[Title 9A RCW—page 39]
9A.50.010
Title 9A RCW: Washington Criminal Code
(3) "Aggrieved" means:
(a) A person, physically present at the health care
facility when the prohibited actions occur, whose access is
or is about to be obstructed or impeded;
(b) A person, physically present at the health care
facility when the prohibited actions occur, whose care is or
is about to be disrupted;
(c) The health care facility, its employees, or agents;
(d) The owner of the health care facility or the building
or property upon which the health care facility is located.
[1993 c 128 § 2.]
9A.50.020 Interference with health care facility. It
is unlawful for a person except as otherwise protected by
state or federal law, alone or in concert with others, to
willfully or recklessly interfere with access to or from a
health care facility or willfully or recklessly disrupt the
normal functioning of such facility by:
(1) Physically obstructing or impeding the free passage
of a person seeking to enter or depart from the facility or
from the common areas of the real property upon which the
facility is located;
(2) Making noise that unreasonably disturbs the peace
within the facility;
(3) Trespassing on the facility or the common areas of
the real property upon which the facility is located;
(4) Telephoning the facility repeatedly, or knowingly
permitting any telephone under his or her control to be used
for such purpose; or
(5) Threatening to inflict injury on the owners, agents,
patients, employees, or property of the facility or knowingly
permitting any telephone under his or her control to be used
for such purpose. [1993 c 128 § 3.]
9A.50.030 Penalty. A violation of RCW 9A.50.020
is a gross misdemeanor. A person convicted of violating
RCW 9A.50.020 shall be punished as follows:
(1) For a first offense, a fine of not less than two
hundred fifty dollars and a jail term of not less than twentyfour consecutive hours;
(2) For a second offense, a fine of not less than five
hundred dollars and a jail term of not less than seven
consecutive days; and
(3) For a third or subsequent offense, a fine of not less
than one thousand dollars and a jail term of not less than
thirty consecutive days. [1993 c 128 § 4.]
9A.50.040 Civil remedies. (1) A person or health
care facility aggrieved by the actions prohibited by RCW
9A.50.020 may seek civil damages from those who committed the prohibited acts and those acting in concert with
them. A plaintiff in an action brought under this chapter
shall not recover more than his or her actual damages and
additional sums authorized in RCW 9A.50.050. Once a
plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages
shall not be recovered. A person does not have to be
criminally convicted of violating RCW 9A.50.020 to be held
civilly liable under this section. It is not necessary to prove
actual damages to recover the additional sums authorized
under RCW 9A.50.050, costs, and attorneys’ fees. The
[Title 9A RCW—page 40]
prevailing party is entitled to recover costs and attorneys’
fees.
(2) The superior courts of this state shall have authority
to grant temporary, preliminary, and permanent injunctive
relief to enjoin violations of this chapter.
In appropriate circumstances, any superior court having
personal jurisdiction over one or more defendants may issue
injunctive relief that shall have binding effect on the original
defendants and persons acting in concert with the original
defendants, in any county in the state.
Due to the nature of the harm involved, injunctive relief
may be issued without bond in the discretion of the court,
notwithstanding any other requirement imposed by statute.
The state and its political subdivisions shall cooperate
in the enforcement of court injunctions that seek to protect
against acts prohibited by this chapter. [1993 c 128 § 6.]
9A.50.050 Civil damages. In a civil action brought
under this chapter, an individual plaintiff aggrieved by the
actions prohibited by RCW 9A.50.020 may be entitled to
recover up to five hundred dollars for each day that the
actions occurred, or up to five thousand dollars for each day
that the actions occurred if the plaintiff aggrieved by the
actions prohibited under RCW 9A.50.020 is a health care
facility. [1993 c 128 § 7.]
9A.50.060 Informational picketing. Nothing in RCW
9A.50.020 shall prohibit either lawful picketing or other
publicity for the purpose of providing the public with
information. [1993 c 128 § 8.]
9A.50.070 Protection of health care patients and
providers. A court having jurisdiction over a criminal or
civil proceeding under this chapter shall take all steps
reasonably necessary to safeguard the individual privacy and
prevent harassment of a health care patient or health care
provider who is a party or witness in a proceeding, including
granting protective orders and orders in limine. [1993 c 128
§ 9.]
9A.50.900 Construction. Nothing in this chapter shall
be construed to limit the right to seek other available
criminal or civil remedies. The remedies provided in this
chapter are cumulative, not exclusive. [1993 c 128 § 11.]
9A.50.901 Severability—1993 c 128. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 128 § 12.]
9A.50.902 Effective date—1993 c 128. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 26, 1993]. [1993 c 128 § 14.]
(2002 Ed.)
Burglary and Trespass
Chapter 9A.52
BURGLARY AND TRESPASS
Sections
9A.52.010
9A.52.020
9A.52.025
9A.52.030
9A.52.040
9A.52.050
9A.52.060
9A.52.070
9A.52.080
9A.52.090
9A.52.095
9A.52.100
9A.52.110
9A.52.120
9A.52.130
Definitions.
Burglary in the first degree.
Residential burglary.
Burglary in the second degree.
Inference of intent.
Other crime in committing burglary punishable.
Making or having burglar tools.
Criminal trespass in the first degree.
Criminal trespass in the second degree.
Criminal trespass—Defenses.
Vehicle prowling in the first degree.
Vehicle prowling in the second degree.
Computer trespass in the first degree.
Computer trespass in the second degree.
Computer trespass—Commission of other crime.
9A.52.010 Definitions. The following definitions
apply in this chapter:
(1) "Premises" includes any building, dwelling, structure
used for commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an
element or part of a crime, shall include the entrance of the
person, or the insertion of any part of his body, or any
instrument or weapon held in his hand and used or intended
to be used to threaten or intimidate a person or to detach or
remove property;
(3) "Enters or remains unlawfully". A person "enters or
remains unlawfully" in or upon premises when he is not then
licensed, invited, or otherwise privileged to so enter or
remain.
A license or privilege to enter or remain in a building
which is only partly open to the public is not a license or
privilege to enter or remain in that part of a building which
is not open to the public. A person who enters or remains
upon unimproved and apparently unused land, which is
neither fenced nor otherwise enclosed in a manner designed
to exclude intruders, does so with license and privilege
unless notice against trespass is personally communicated to
him by the owner of the land or some other authorized
person, or unless notice is given by posting in a conspicuous
manner. Land that is used for commercial aquaculture or for
growing an agricultural crop or crops, other than timber, is
not unimproved and apparently unused land if a crop or any
other sign of cultivation is clearly visible or if notice is
given by posting in a conspicuous manner. Similarly, a field
fenced in any manner is not unimproved and apparently
unused land;
(4) "Data" means a representation of information,
knowledge, facts, concepts, or instructions that are being
prepared or have been prepared in a formalized manner and
are intended for use in a computer;
(5) "Computer program" means an ordered set of data
representing coded instructions or statements that when
executed by a computer cause the computer to process data;
(6) "Access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use
of any resources of a computer, directly or by electronic
means. [1985 c 289 § 1. Prior: 1984 c 273 § 5; 1984 c 49
§ 1; 1975 1st ex.s. c 260 § 9A.52.010.]
(2002 Ed.)
Chapter 9A.52
9A.52.020 Burglary in the first degree. (1) A person
is guilty of burglary in the first degree if, with intent to
commit a crime against a person or property therein, he or
she enters or remains unlawfully in a building and if, in
entering or while in the building or in immediate flight
therefrom, the actor or another participant in the crime (a) is
armed with a deadly weapon, or (b) assaults any person.
(2) Burglary in the first degree is a class A felony.
[1996 c 15 § 1; 1995 c 129 § 9 (Initiative Measure No.
159); 1975 1st ex.s. c 260 § 9A.52.020.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9A.52.025 Residential burglary. (1) A person is
guilty of residential burglary if, with intent to commit a
crime against a person or property therein, the person enters
or remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the
sentencing guidelines commission and the juvenile disposition standards commission shall consider residential burglary
as a more serious offense than second degree burglary.
[1989 2nd ex.s. c 1 § 1; 1989 c 412 § 1.]
Effective date—1989 2nd ex.s. c 1: "This act shall take effect July
1, 1990." [1989 2nd ex.s. c 1 § 4; 1989 c 412 § 4.]
9A.52.030 Burglary in the second degree. (1) A
person is guilty of burglary in the second degree if, with
intent to commit a crime against a person or property
therein, he enters or remains unlawfully in a building other
than a vehicle or a dwelling.
(2) Burglary in the second degree is a class B felony.
[1989 2nd ex.s. c 1 § 2; 1989 c 412 § 2; 1975-’76 2nd ex.s.
c 38 § 7; 1975 1st ex.s. c 260 § 9A.52.030.]
Effective date—1989 2nd ex.s. c 1: See note following RCW
9A.52.025.
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.52.040 Inference of intent. In any prosecution for
burglary, any person who enters or remains unlawfully in a
building may be inferred to have acted with intent to commit
a crime against a person or property therein, unless such
entering or remaining shall be explained by evidence
satisfactory to the trier of fact to have been made without
such criminal intent. [1975 1st ex.s. c 260 § 9A.52.040.]
9A.52.050 Other crime in committing burglary
punishable. Every person who, in the commission of a
burglary shall commit any other crime, may be punished
therefor as well as for the burglary, and may be prosecuted
for each crime separately. [1975 1st ex.s. c 260 §
9A.52.050.]
9A.52.060 Making or having burglar tools. (1)
Every person who shall make or mend or cause to be made
or mended, or have in his possession, any engine, machine,
tool, false key, pick lock, bit, nippers, or implement adapted,
designed, or commonly used for the commission of burglary
under circumstances evincing an intent to use or employ, or
allow the same to be used or employed in the commission of
[Title 9A RCW—page 41]
9A.52.060
Title 9A RCW: Washington Criminal Code
a burglary, or knowing that the same is intended to be so
used, shall be guilty of making or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.52.060.]
9A.52.070 Criminal trespass in the first degree. (1)
A person is guilty of criminal trespass in the first degree if
he knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross
misdemeanor. [1979 ex.s. c 244 § 12; 1975 1st ex.s. c 260
§ 9A.52.070.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
9A.52.080 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second
degree if he knowingly enters or remains unlawfully in or
upon premises of another under circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor. [1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §
9A.52.080.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
9A.52.090 Criminal trespass—Defenses. In any
prosecution under RCW 9A.52.070 and 9A.52.080, it is a
defense that:
(1) A building involved in an offense under RCW
9A.52.070 was abandoned; or
(2) The premises were at the time open to members of
the public and the actor complied with all lawful conditions
imposed on access to or remaining in the premises; or
(3) The actor reasonably believed that the owner of the
premises, or other person empowered to license access
thereto, would have licensed him to enter or remain; or
(4) The actor was attempting to serve legal process
which includes any document required or allowed to be
served upon persons or property, by any statute, rule,
ordinance, regulation, or court order, excluding delivery by
the mails of the United States. This defense applies only if
the actor did not enter into a private residence or other
building not open to the public and the entry onto the
premises was reasonable and necessary for service of the
legal process. [1986 c 219 § 2; 1975 1st ex.s. c 260 §
9A.52.090.]
9A.52.095 Vehicle prowling in the first degree. (1)
A person is guilty of vehicle prowling in the first degree if,
with intent to commit a crime against a person or property
therein, he enters or remains unlawfully in a motor home, as
defined in RCW 46.04.305, or in a vessel equipped for
propulsion by mechanical means or by sail which has a
cabin equipped with permanently installed sleeping quarters
or cooking facilities.
(2) Vehicle prowling in the first degree is a class C
felony. [1982 1st ex.s. c 47 § 13.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.52.100 Vehicle prowling in the second degree.
(1) A person is guilty of vehicle prowling in the second
degree if, with intent to commit a crime against a person or
[Title 9A RCW—page 42]
property therein, he enters or remains unlawfully in a vehicle
other than a motor home, as defined in RCW 46.04.305, or
a vessel equipped for propulsion by mechanical means or by
sail which has a cabin equipped with permanently installed
sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross
misdemeanor. [1982 1st ex.s. c 47 § 14; 1975 1st ex.s. c
260 § 9A.52.100.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.52.110 Computer trespass in the first degree.
(1) A person is guilty of computer trespass in the first degree
if the person, without authorization, intentionally gains
access to a computer system or electronic data base of
another; and
(a) The access is made with the intent to commit
another crime; or
(b) The violation involves a computer or data base
maintained by a government agency.
(2) Computer trespass in the first degree is a class C
felony. [1984 c 273 § 1.]
9A.52.120 Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second
degree if the person, without authorization, intentionally
gains access to a computer system or electronic data base of
another under circumstances not constituting the offense in
the first degree.
(2) Computer trespass in the second degree is a gross
misdemeanor. [1984 c 273 § 2.]
9A.52.130 Computer trespass—Commission of
other crime. A person who, in the commission of a
computer trespass, commits any other crime may be punished for that other crime as well as for the computer
trespass and may be prosecuted for each crime separately.
[1984 c 273 § 3.]
Physical damage to computer programs: RCW 9A.48.100.
Chapter 9A.56
THEFT AND ROBBERY
Sections
9A.56.010
9A.56.020
9A.56.030
9A.56.040
9A.56.050
9A.56.060
9A.56.070
9A.56.080
9A.56.085
9A.56.096
9A.56.100
9A.56.110
9A.56.120
9A.56.130
9A.56.140
9A.56.150
9A.56.160
9A.56.170
Definitions.
Theft—Definition, defense.
Theft in the first degree—Other than firearm.
Theft in the second degree—Other than firearm.
Theft in the third degree.
Unlawful issuance of checks or drafts.
Taking motor vehicle without permission.
Theft of livestock.
Minimum fine for theft of livestock.
Theft of rental, leased, or lease-purchased property.
Theft and larceny equated.
Extortion—Definition.
Extortion in the first degree.
Extortion in the second degree.
Possessing stolen property—Definition—Presumption.
Possessing stolen property in the first degree—Other than
firearm.
Possessing stolen property in the second degree—Other than
firearm.
Possessing stolen property in the third degree.
(2002 Ed.)
Theft and Robbery
9A.56.180 Obscuring the identity of a machine.
9A.56.190 Robbery—Definition.
9A.56.200 Robbery in the first degree.
9A.56.210 Robbery in the second degree.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.250 Civil cause of action.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
9A.56.266 Unlawful sale of telecommunication device.
9A.56.268 Civil cause of action.
9A.56.270 Shopping cart theft.
9A.56.280 Credit cards—Definitions.
9A.56.290 Credit cards—Unlawful factoring of transactions.
9A.56.300 Theft of a firearm.
9A.56.310 Possessing a stolen firearm.
Insurance agent, appropriation of premiums: RCW 48.17.480.
Pawnbrokers and second-hand dealers: RCW 19.60.066.
Public lands, taking or destroying property is larceny: RCW 79.01.748.
Public officer misappropriating funds: RCW 42.20.070, 42.20.090.
Removing native flora from state lands or highways: RCW 47.40.080.
Retaining books, etc., from public library: RCW 27.12.340.
Search and seizures: Chapter 10.79 RCW.
Stealing, receiving railroad property: RCW 81.60.080, 81.60.090.
Stolen property, restoration, sale does not divest rights, duty of officer:
RCW 10.79.050.
Sufficiency of indictment or information alleging crime of larceny: RCW
10.37.110.
9A.56.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Access device" means any card, plate, code,
account number, or other means of account access that can
be used alone or in conjunction with another access device
to obtain money, goods, services, or anything else of value,
or that can be used to initiate a transfer of funds, other than
a transfer originated solely by paper instrument;
(2) "Appropriate lost or misdelivered property or
services" means obtaining or exerting control over the
property or services of another which the actor knows to
have been lost or mislaid, or to have been delivered under a
mistake as to identity of the recipient or as to the nature or
amount of the property;
(3) "Beverage crate" means a plastic or metal box-like
container used by a manufacturer or distributor in the
transportation or distribution of individually packaged
beverages to retail outlets, and affixed with language stating
"property of . . . . .," "owned by . . . . .," or other markings
or words identifying ownership;
(4) "By color or aid of deception" means that the
deception operated to bring about the obtaining of the
property or services; it is not necessary that deception be the
sole means of obtaining the property or services;
(5) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another’s false impression which
the actor knows to be false; or
(b) Fails to correct another’s impression which the actor
previously has created or confirmed; or
(c) Prevents another from acquiring information material
to the disposition of the property involved; or
(d) Transfers or encumbers property without disclosing
a lien, adverse claim, or other legal impediment to the
(2002 Ed.)
Chapter 9A.56
enjoyment of the property, whether that impediment is or is
not valid, or is or is not a matter of official record; or
(e) Promises performance which the actor does not
intend to perform or knows will not be performed.
(6) "Deprive" in addition to its common meaning means
to make unauthorized use or an unauthorized copy of
records, information, data, trade secrets, or computer programs;
(7) "Merchandise pallet" means a wood or plastic carrier
designed and manufactured as an item on which products
can be placed before or during transport to retail outlets,
manufacturers, or contractors, and affixed with language
stating "property of . . .," "owned by . . .," or other markings
or words identifying ownership;
(8) "Obtain control over" in addition to its common
meaning, means:
(a) In relation to property, to bring about a transfer or
purported transfer to the obtainer or another of a legally
recognized interest in the property; or
(b) In relation to labor or service, to secure performance
thereof for the benefits of the obtainer or another;
(9) "Owner" means a person, other than the actor, who
has possession of or any other interest in the property or
services involved, and without whose consent the actor has
no authority to exert control over the property or services;
(10) "Parking area" means a parking lot or other
property provided by retailers for use by a customer for
parking an automobile or other vehicle;
(11) "Receive" includes, but is not limited to, acquiring
title, possession, control, or a security interest, or any other
interest in the property;
(12) "Services" includes, but is not limited to, labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public
utility nature such as gas, electricity, steam, and water;
(13) "Shopping cart" means a basket mounted on wheels
or similar container generally used in a retail establishment
by a customer for the purpose of transporting goods of any
kind;
(14) "Stolen" means obtained by theft, robbery, or
extortion;
(15) "Subscription television service" means cable or
encrypted video and related audio and data services intended
for viewing on a home television by authorized members of
the public only, who have agreed to pay a fee for the service. Subscription services include but are not limited to
those video services presently delivered by coaxial cable,
fiber optic cable, terrestrial microwave, television broadcast,
and satellite transmission;
(16) "Telecommunication device" means (a) any type of
instrument, device, machine, or equipment that is capable of
transmitting or receiving telephonic or electronic communications; or (b) any part of such an instrument, device, machine, or equipment, or any computer circuit, computer chip,
electronic mechanism, or other component, that is capable of
facilitating the transmission or reception of telephonic or
electronic communications;
(17) "Telecommunication service" includes any service
other than subscription television service provided for a
charge or compensation to facilitate the transmission,
[Title 9A RCW—page 43]
9A.56.010
Title 9A RCW: Washington Criminal Code
transfer, or reception of a telephonic communication or an
electronic communication;
(18) Value. (a) "Value" means the market value of the
property or services at the time and in the approximate area
of the criminal act.
(b) Whether or not they have been issued or delivered,
written instruments, except those having a readily ascertained
market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence
of debt, such as a check, draft, or promissory note, shall be
deemed the amount due or collectible thereon or thereby,
that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which
evidences a right to receive transportation, entertainment, or
other service shall be deemed the price stated thereon, if
any; and if no price is stated thereon, the value shall be
deemed the price of such ticket or equivalent instrument
which the issuer charged the general public;
(iii) The value of any other instrument that creates,
releases, discharges, or otherwise affects any valuable legal
right, privilege, or obligation shall be deemed the greatest
amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instrument.
(c) Whenever any series of transactions which constitute
theft, would, when considered separately, constitute theft in
the third degree because of value, and said series of transactions are a part of a criminal episode or a common scheme
or plan, then the transactions may be aggregated in one
count and the sum of the value of all said transactions shall
be the value considered in determining the degree of theft
involved.
For purposes of this subsection, "criminal episode"
means a series of thefts committed by the same person from
one or more mercantile establishments on three or more
occasions within a five-day period.
(d) Whenever any person is charged with possessing
stolen property and such person has unlawfully in his
possession at the same time the stolen property of more than
one person, then the stolen property possessed may be
aggregated in one count and the sum of the value of all said
stolen property shall be the value considered in determining
the degree of theft involved.
(e) Property or services having value that cannot be
ascertained pursuant to the standards set forth above shall be
deemed to be of a value not exceeding two hundred and fifty
dollars;
(19) "Wrongfully obtains" or "exerts unauthorized
control" means:
(a) To take the property or services of another;
(b) Having any property or services in one’s possession,
custody or control as bailee, factor, lessee, pledgee, renter,
servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold
such possession, custody, or control, to secrete, withhold, or
appropriate the same to his or her own use or to the use of
any person other than the true owner or person entitled
thereto; or
[Title 9A RCW—page 44]
(c) Having any property or services in one’s possession,
custody, or control as partner, to secrete, withhold, or
appropriate the same to his or her use or to the use of any
person other than the true owner or person entitled thereto,
where the use is unauthorized by the partnership agreement.
[2002 c 97 § 1; 1999 c 143 § 36; 1998 c 236 § 1; 1997 c
346 § 2; 1995 c 92 § 1; 1987 c 140 § 1; 1986 c 257 § 2;
1985 c 382 § 1; 1984 c 273 § 6; 1975-’76 2nd ex.s. c 38 §
8; 1975 1st ex.s. c 260 § 9A.56.010.]
Severability—1986 c 257: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 257 § 37.]
Severability—1985 c 382: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 382 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.56.020 Theft—Definition, defense. (1) "Theft"
means:
(a) To wrongfully obtain or exert unauthorized control
over the property or services of another or the value thereof,
with intent to deprive him of such property or services; or
(b) By color or aid of deception to obtain control over
the property or services of another or the value thereof, with
intent to deprive him of such property or services; or
(c) To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to
deprive him of such property or services.
(2) In any prosecution for theft, it shall be a sufficient
defense that the property or service was appropriated openly
and avowedly under a claim of title made in good faith, even
though the claim be untenable. [1975-’76 2nd ex.s. c 38 §
9; 1975 1st ex.s. c 260 § 9A.56.020.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.030 Theft in the first degree—Other than
firearm. (1) A person is guilty of theft in the first degree
if he or she commits theft of:
(a) Property or services which exceed(s) one thousand
five hundred dollars in value other than a firearm as defined
in RCW 9.41.010; or
(b) Property of any value other than a firearm as defined
in RCW 9.41.010 taken from the person of another.
(2) Theft in the first degree is a class B felony. [1995
c 129 § 11 (Initiative Measure No. 159); 1975 1st ex.s. c
260 § 9A.56.030.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.040 Theft in the second degree—Other than
firearm. (1) A person is guilty of theft in the second degree
if he or she commits theft of:
(a) Property or services which exceed(s) two hundred
and fifty dollars in value other than a firearm as defined in
RCW 9.41.010, but does not exceed one thousand five
hundred dollars in value; or
(2002 Ed.)
Theft and Robbery
(b) A public record, writing, or instrument kept, filed,
or deposited according to law with or in the keeping of any
public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand
five hundred dollars.
(2) Theft in the second degree is a class C felony.
[1995 c 129 § 12 (Initiative Measure No. 159); 1994 sp.s. c
7 § 433; 1987 c 140 § 2; 1982 1st ex.s. c 47 § 15; 1975 1st
ex.s. c 260 § 9A.56.040.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.050 Theft in the third degree. (1) A person
is guilty of theft in the third degree if he or she commits
theft of property or services which (a) does not exceed two
hundred and fifty dollars in value, or (b) includes ten or
more merchandise pallets, or ten or more beverage crates, or
a combination of ten or more merchandise pallets and
beverage crates.
(2) Theft in the third degree is a gross misdemeanor.
[1998 c 236 § 4; 1975 1st ex.s. c 260 § 9A.56.050.]
Civil action for shoplifting by adults, minors: RCW 4.24.230.
9A.56.060 Unlawful issuance of checks or drafts.
(1) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check, or
draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he
has not sufficient funds in, or credit with said bank or other
depository, to meet said check or draft, in full upon its
presentation, shall be guilty of unlawful issuance of bank
check. The word "credit" as used herein shall be construed
to mean an arrangement or understanding with the bank or
other depository for the payment of such check or draft, and
the uttering or delivery of such a check or draft to another
person without such fund or credit to meet the same shall be
prima facie evidence of an intent to defraud.
(2) Any person who shall with intent to defraud, make,
or draw, or utter, or deliver to another person any check, or
draft on a bank or other depository for the payment of
money and who issues a stop-payment order directing the
bank or depository on which the check is drawn not to honor
said check, and who fails to make payment of money in the
amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty
days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.
(3) When any series of transactions which constitute
unlawful issuance of a bank check would, when considered
separately, constitute unlawful issuance of a bank check in
an amount of two hundred fifty dollars or less because of
value, and the series of transactions are a part of a common
scheme or plan, the transactions may be aggregated in one
count and the sum of the value of all of the transactions
(2002 Ed.)
9A.56.040
shall be the value considered in determining whether the
unlawful issuance of a bank check is to be punished as a
class C felony or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount
greater than two hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of
two hundred fifty dollars or less is a gross misdemeanor and
shall be punished as follows:
(a) The court shall order the defendant to make full
restitution;
(b) The defendant need not be imprisoned, but the court
shall impose a minimum fine of five hundred dollars. Of the
fine imposed, at least fifty dollars shall not be suspended or
deferred. Upon conviction for a second offense within any
twelve-month period, the court may suspend or defer only
that portion of the fine which is in excess of five hundred
dollars. [1982 c 138 § 1; 1979 ex.s. c 244 § 14; 1975 1st
ex.s. c 260 § 9A.56.060.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
Maintenance by state treasurer of accounts in amount less than all warrants
outstanding not a violation of RCW 9A.56.060(1): RCW 43.08.135.
9A.56.070 Taking motor vehicle without permission.
(1)(a) A person is guilty of taking a motor vehicle without
permission in the first degree if he or she, without the
permission of the owner or person entitled to possession,
intentionally takes or drives away an automobile or motor
vehicle, whether propelled by steam, electricity, or internal
combustion engine, that is the property of another, and he or
she:
(i) Alters the motor vehicle for the purpose of changing
its appearance or primary identification, including obscuring,
removing, or changing the manufacturer’s serial number or
the vehicle identification number plates;
(ii) Removes, or participates in the removal of, parts
from the motor vehicle with the intent to sell the parts;
(iii) Exports, or attempts to export, the motor vehicle
across state lines or out of the United States for profit;
(iv) Intends to sell the motor vehicle; or
(v) Is engaged in a conspiracy and the central object of
the conspiratorial agreement is the theft of motor vehicles for
sale to others for profit.
(b) Taking a motor vehicle without permission in the
first degree is a class B felony.
(2)(a) A person is guilty of taking a motor vehicle
without permission in the second degree if he or she, without
the permission of the owner or person entitled to possession,
intentionally takes or drives away any automobile or motor
vehicle, whether propelled by steam, electricity, or internal
combustion engine, that is the property of another, or he or
she voluntarily rides in or upon the automobile or motor
vehicle with knowledge of the fact that the automobile or
motor vehicle was unlawfully taken.
(b) Taking a motor vehicle without permission in the
second degree is a class C felony. [2002 c 324 § 1; 1975
1st ex.s. c 260 § 9A.56.070.]
Study and report—2002 c 324: "The sentencing guidelines
commission shall study the impact of the sentencing changes in this act
upon the incidence of the crime of taking a motor vehicle without
permission. By December 2004, the commission shall submit a report to
the governor and the legislature. The report shall address:
(1) Whether the creation of the crime of taking a motor vehicle
without permission in the first degree and the increased penalties for that
[Title 9A RCW—page 45]
9A.56.070
Title 9A RCW: Washington Criminal Code
new crime have resulted in a reduction in the number of convictions for
taking a motor vehicle without permission in the first or second degree; and
(2) Whether there are other actions, either civil or criminal, that could
have the effect of further decreasing the incidence of these crimes, including
but not limited to: The revocation of driving privileges, double scoring of
prior convictions, or increasing penalties for juveniles." [2002 c 324 § 4.]
9A.56.080 Theft of livestock. (1) Every person who,
with intent to sell or exchange and to deprive or defraud the
lawful owner thereof, wilfully takes, leads, or transports
away, conceals, withholds, slaughters, or otherwise appropriates any horse, mule, cow, heifer, bull, steer, swine, or sheep
is guilty of theft of livestock in the first degree.
(2) A person who commits what would otherwise be
theft of livestock in the first degree but without intent to sell
or exchange, and for the person’s own use only, is guilty of
theft of livestock in the second degree.
(3) Theft of livestock in the first degree is a class B
felony.
(4) Theft of livestock in the second degree is a class C
felony. [1986 c 257 § 32; 1977 ex.s. c 174 § 2; 1975 1st
ex.s. c 260 § 9A.56.080.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Action by owner of damaged or stolen livestock: RCW 4.24.320.
9A.56.085 Minimum fine for theft of livestock. (1)
Whenever a person is convicted of a violation of RCW
9A.56.080, the convicting court shall order the person to pay
the amount of two thousand dollars for each animal killed or
possessed.
(2) For the purpose of this section, the term "convicted"
includes a plea of guilty, a finding of guilt regardless of
whether the imposition of the sentence is deferred or any
part of the penalty is suspended, or the levying of a fine.
(3) If two or more persons are convicted of any violation of this section, the amount required under this section
shall be imposed upon them jointly and severally.
(4) The fine in this section shall be imposed in addition
to and regardless of any penalty, including fines or costs,
that is provided for any violation of this section. The
amount imposed by this section shall be included by the
court in any pronouncement of sentence and may not be
suspended, waived, modified, or deferred in any respect.
Nothing in this section may be construed to abridge or alter
alternative rights of action or remedies in equity or under
common law or statutory law, criminal or civil.
(5) A defaulted payment or any installment payment
may be collected by any means authorized by law for the
enforcement of orders of the court or collection of a fine or
costs, including vacation of a deferral of sentencing or of a
suspension of sentence.
(6) The two thousand dollars additional penalty shall be
remitted by the county treasurer to the state treasurer as
provided under RCW 10.82.070. [1989 c 131 § 1.]
9A.56.096 Theft of rental, leased, or lease-purchased property. (1) A person who, with intent to deprive
the owner or owner’s agent, wrongfully obtains, or exerts
unauthorized control over, or by color or aid of deception
gains control of personal property that is rented or leased to
[Title 9A RCW—page 46]
the person, is guilty of theft of rental, leased, or leasepurchased property.
(2) The finder of fact may presume intent to deprive if
the finder of fact finds either of the following:
(a) That the person who rented or leased the property
failed to return or make arrangements acceptable to the
owner of the property or the owner’s agent to return the
property to the owner or the owner’s agent within seventytwo hours after receipt of proper notice following the due
date of the rental, lease, or lease-purchase agreement; or
(b) That the renter or lessee presented identification to
the owner or the owner’s agent that was materially false,
fictitious, or not current with respect to name, address, place
of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper
notice" consists of a written demand by the owner or the
owner’s agent made after the due date of the rental, lease, or
lease-purchase period, mailed by certified or registered mail
to the renter or lessee at: (a) The address the renter or lessee gave when the contract was made; or (b) the renter or
lessee’s last known address if later furnished in writing by
the renter, lessee, or the agent of the renter or lessee.
(4) The replacement value of the property obtained must
be utilized in determining the amount involved in the theft
of rental, leased, or lease-purchased property. Theft of
rental, leased, or lease-purchased property is a: Class B
felony if the rental, leased, or lease-purchased property is
valued at one thousand five hundred dollars or more; class
C felony if the rental, leased, or lease-purchased property is
valued at two hundred fifty dollars or more but less than one
thousand five hundred dollars; and gross misdemeanor if the
rental, leased, or lease-purchased property is valued at less
than two hundred fifty dollars.
(5) This section applies to rental agreements that
provide that the renter may return the property any time
within the rental period and pay only for the time the renter
actually retained the property, in addition to any minimum
rental fee, to lease agreements, and to lease-purchase
agreements as defined under RCW 63.19.010. This section
does not apply to rental or leasing of real property under the
residential landlord-tenant act, chapter 59.18 RCW. [1997
c 346 § 1.]
9A.56.100 Theft and larceny equated. All offenses
defined as larcenies outside of this title shall be treated as
thefts as provided in this title. [1975 1st ex.s. c 260 §
9A.56.100.]
9A.56.110 Extortion—Definition. "Extortion" means
knowingly to obtain or attempt to obtain by threat property
or services of the owner, and specifically includes sexual
favors. [1999 c 143 § 37; 1983 1st ex.s. c 4 § 2; 1975-’76
2nd ex.s. c 38 § 10. Prior: 1975 1st ex.s. c 260 §
9A.56.110.]
Severability—1983 1st ex.s. c 4: See note following RCW
9A.48.070.
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.56.120 Extortion in the first degree. (1) A
person is guilty of extortion in the first degree if he commits
(2002 Ed.)
Theft and Robbery
extortion by means of a threat as defined in RCW
9A.04.110(25) (a), (b), or (c).
(2) Extortion in the first degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.56.120.]
9A.56.130 Extortion in the second degree. (1) A
person is guilty of extortion in the second degree if he or she
commits extortion by means of a wrongful threat as defined
in RCW 9A.04.110(25) (d) through (j).
(2) In any prosecution under this section based on a
threat to accuse any person of a crime or cause criminal
charges to be instituted against any person, it is a defense
that the actor reasonably believed the threatened criminal
charge to be true and that his or her sole purpose was to
compel or induce the person threatened to take reasonable
action to make good the wrong which was the subject of
such threatened criminal charge.
(3) Extortion in the second degree is a class C felony.
[2002 c 47 § 2; 1975 1st ex.s. c 260 § 9A.56.130.]
Intent—2002 c 47: "The legislature intends to revise the crime of
extortion in the second degree in response to the holding in State v. Pauling,
108 Wn. App. 445 (2001), by adding a requirement that the threat required
for conviction of the offense be wrongful." [2002 c 47 § 1.]
9A.56.140 Possessing stolen property—Definition—
Presumption. (1) "Possessing stolen property" means
knowingly to receive, retain, possess, conceal, or dispose of
stolen property knowing that it has been stolen and to
withhold or appropriate the same to the use of any person
other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has
not been convicted, apprehended, or identified is not a
defense to a charge of possessing stolen property.
(3) When a person has in his or her possession, or under
his or her control, stolen access devices issued in the names
of two or more persons, or ten or more stolen merchandise
pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010, he or she is
presumed to know that they are stolen.
(4) The presumption in subsection (3) of this section is
rebuttable by evidence raising a reasonable inference that the
possession of such stolen access devices, merchandise
pallets, or beverage crates was without knowledge that they
were stolen. [1998 c 236 § 3; 1987 c 140 § 3; 1975 1st
ex.s. c 260 § 9A.56.140.]
9A.56.150 Possessing stolen property in the first
degree—Other than firearm. (1) A person is guilty of
possessing stolen property in the first degree if he or she
possesses stolen property other than a firearm as defined in
RCW 9.41.010 which exceeds one thousand five hundred
dollars in value.
(2) Possessing stolen property in the first degree is a
class B felony. [1995 c 129 § 14 (Initiative Measure No.
159); 1975 1st ex.s. c 260 § 9A.56.150.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
(2002 Ed.)
9A.56.120
9A.56.160 Possessing stolen property in the second
degree—Other than firearm. (1) A person is guilty of
possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a
firearm as defined in RCW 9.41.010 which exceeds two
hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing
or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a
value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a
class C felony. [1995 c 129 § 15 (Initiative Measure No.
159); 1994 sp.s. c 7 § 434; 1987 c 140 § 4; 1975 1st ex.s. c
260 § 9A.56.160.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9A.56.170 Possessing stolen property in the third
degree. (1) A person is guilty of possessing stolen property
in the third degree if he or she possesses (a) stolen property
which does not exceed two hundred fifty dollars in value, or
(b) ten or more stolen merchandise pallets, or ten or more
stolen beverage crates, or a combination of ten or more
stolen merchandise pallets and beverage crates.
(2) Possessing stolen property in the third degree is a
gross misdemeanor. [1998 c 236 § 2; 1975 1st ex.s. c 260
§ 9A.56.170.]
9A.56.180 Obscuring the identity of a machine. (1)
A person is guilty of obscuring the identity of a machine if
he knowingly:
(a) Obscures the manufacturer’s serial number or any
other distinguishing identification number or mark upon any
vehicle, machine, engine, apparatus, appliance, or other
device with intent to render it unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus,
appliance, or other device held for sale knowing that the
serial number or other identification number or mark has
been obscured.
(2) "Obscure" means to remove, deface, cover, alter,
destroy, or otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross
misdemeanor. [1975-’76 2nd ex.s. c 38 § 11; 1975 1st ex.s.
c 260 § 9A.56.180.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.56.190 Robbery—Definition. A person commits
robbery when he unlawfully takes personal property from the
person of another or in his presence against his will by the
use or threatened use of immediate force, violence, or fear
of injury to that person or his property or the person or property of anyone. Such force or fear must be used to obtain or
retain possession of the property, or to prevent or overcome
resistance to the taking; in either of which cases the degree
of force is immaterial. Such taking constitutes robbery
[Title 9A RCW—page 47]
9A.56.190
Title 9A RCW: Washington Criminal Code
whenever it appears that, although the taking was fully completed without the knowledge of the person from whom
taken, such knowledge was prevented by the use of force or
fear. [1975 1st ex.s. c 260 § 9A.56.190.]
9A.56.200 Robbery in the first degree. (1) A person
is guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate
flight therefrom, he or she:
(i) Is armed with a deadly weapon; or
(ii) Displays what appears to be a firearm or other
deadly weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a
financial institution as defined in RCW 7.88.010 or
35.38.060.
(2) Robbery in the first degree is a class A felony.
[2002 c 85 § 1; 1975 1st ex.s. c 260 § 9A.56.200.]
9A.56.210 Robbery in the second degree. (1) A
person is guilty of robbery in the second degree if he
commits robbery.
(2) Robbery in the second degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.56.210.]
9A.56.220 Theft of subscription television services.
(1) A person is guilty of theft of subscription television
services if, with intent to avoid payment of the lawful charge
of a subscription television service, he or she:
(a) Obtains or attempts to obtain subscription television
service from a subscription television service company by
trick, artifice, deception, use of a device or decoder, or other
fraudulent means without authority from the company
providing the service;
(b) Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority
of the company providing the service;
(c) Makes or maintains a connection or connections,
whether physical, electrical, mechanical, acoustical, or by
other means, with cables, wires, components, or other
devices used for the distribution of subscription television
services without authority from the company providing the
services;
(d) Makes or maintains a modification or alteration to
a device installed with the authorization of a subscription
television service company for the purpose of interception or
receiving a program or other service carried by the company
that the person is not authorized by the company to receive;
or
(e) Possesses without authority a device designed in
whole or in part to receive subscription television services
offered for sale by the subscription television service
company, regardless of whether the program or services are
encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any other
acts set out in (a) through (d) of this subsection for the
reception of subscription television services without authority.
(2) Theft of subscription television services is a gross
misdemeanor. [1995 c 92 § 2; 1989 c 11 § 1; 1985 c 430
§ 1.]
[Title 9A RCW—page 48]
Severability—1989 c 11: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 11 § 33.]
Severability—1985 c 430: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 430 § 7.]
9A.56.230 Unlawful sale of subscription television
services. (1) A person is guilty of unlawful sale of subscription television services if, with intent to avoid payment or to
facilitate the avoidance of payment of the lawful charge for
any subscription television service, he or she, without
authorization from the subscription television service
company:
(a) Publishes or advertises for sale a plan for a device
that is designed in whole or in part to receive subscription
television or services offered for sale by the subscription
television service company, regardless of whether the
programming or services are encoded, filtered, scrambled, or
otherwise made unintelligible;
(b) Advertises for sale or lease a device or kit for a
device designed in whole or in part to receive subscription
television services offered for sale by the subscription
television service company, regardless of whether the
programming or services are encoded, filtered, scrambled, or
otherwise made unintelligible; or
(c) Manufactures, imports into the state of Washington,
distributes, sells, leases, or offers for sale or lease a device,
plan, or kit for a device designed in whole or in part to
receive subscription television services offered for sale by
the subscription television service company, regardless of
whether the programming or services are encoded, filtered,
scrambled, or otherwise made unintelligible.
(2) Unlawful sale of subscription television services is
a class C felony. [1995 c 92 § 3; 1985 c 430 § 2.]
Severability—1985 c 430: See note following RCW 9A.56.220.
9A.56.240 Forfeiture and disposal of device used to
commit violation. Upon conviction of theft or unlawful sale
of cable television services and upon motion and hearing, the
court shall order the forfeiture of any decoder, descrambler,
or other device used in committing the violation of RCW
9A.56.220 or 9A.56.230 as contraband and dispose of it at
the court’s discretion. [1985 c 430 § 3.]
Severability—1985 c 430: See note following RCW 9A.56.220.
9A.56.250 Civil cause of action. (1) In addition to
the criminal penalties provided in RCW 9A.56.220 and
9A.56.230, there is created a civil cause of action for theft
of subscription television services and for unlawful sale of
subscription television services.
(2) A person who sustains injury to his or her person,
business, or property by an act described in RCW 9A.56.220
or 9A.56.230 may file an action in superior court for
recovery of damages and the costs of the suit, including
reasonable investigative and attorneys’ fees and costs.
(3) Upon finding a violation of RCW 9A.56.220 or
9A.56.230, in addition to the remedies described in this
section, the court may impose a civil penalty not exceeding
twenty-five thousand dollars.
(2002 Ed.)
Theft and Robbery
(4) The superior court may grant temporary and final
injunctions on such terms as it deems reasonable to prevent
or restrain violations of RCW 9A.56.220 and 9A.56.230.
[1995 c 92 § 4; 1985 c 430 § 4.]
Severability—1985 c 430: See note following RCW 9A.56.220.
9A.56.260 Connection of channel converter. No
person may be charged with theft under RCW 9A.56.220 or
subject to a civil cause of action under RCW 9A.56.250 for
connecting a nondecoding or nondescrambling channel
frequency converter, which includes cable-ready television
sets, video recorders, or similar equipment, to a cable
system. [1985 c 430 § 5.]
Severability—1985 c 430: See note following RCW 9A.56.220.
9A.56.262 Theft of telecommunication services. (1)
A person is guilty of theft of telecommunication services if
he or she knowingly and with intent to avoid payment:
(a) Uses a telecommunication device to obtain telecommunication services without having entered into a prior
agreement with a telecommunication service provider to pay
for the telecommunication services; or
(b) Possesses a telecommunication device.
(2) Theft of telecommunication services is a class C
felony. [1995 c 92 § 6.]
Telecommunications crime: Chapter 9.26A RCW.
9A.56.264 Unlawful manufacture of telecommunication device. (1) A person is guilty of unlawful manufacture
of a telecommunication device if he or she knowingly and
with intent to avoid payment or to facilitate avoidance of
payment:
(a) Manufactures, produces, or assembles a telecommunication device;
(b) Modifies, alters, programs, or reprograms a telecommunication device to be capable of acquiring or of facilitating the acquisition of telecommunication service without the
consent of the telecommunication service provider; or
(c) Writes, creates, or modifies a computer program that
he or she knows is thereby capable of being used to manufacture a telecommunication device.
(2) Unlawful manufacture of a telecommunication
device is a class C felony. [1995 c 92 § 7.]
Telecommunications crime: Chapter 9.26A RCW.
9A.56.266 Unlawful sale of telecommunication
device. (1) A person is guilty of unlawful sale of a telecommunication device if he or she sells, leases, exchanges, or
offers to sell, lease, or exchange:
(a) A telecommunication device, knowing that the
purchaser, lessee, or recipient, or a third person, intends to
use the device to avoid payment or to facilitate avoidance of
payment for telecommunication services; or
(b) Any material, including data, computer software, or
other information and equipment, knowing that the purchaser, lessee, or recipient, or a third person, intends to use the
material to avoid payment or to facilitate avoidance of
payment for telecommunication services.
(2) Unlawful sale of a telecommunication device is a
class C felony. [1995 c 92 § 8.]
(2002 Ed.)
9A.56.250
Telecommunications crime: Chapter 9.26A RCW.
9A.56.268 Civil cause of action. (1) In addition to
the criminal penalties provided in RCW 9A.56.262 through
9A.56.266, there is created a civil cause of action for theft
of telecommunication services, for unlawful manufacture of
a telecommunication device, and for unlawful sale of a
telecommunication device.
(2) A person who sustains injury to his or her person,
business, or property by an act described in RCW
9A.56.262, 9A.56.264, or 9A.56.266 may file an action in
superior court for recovery of damages and the costs of the
suit, including reasonable investigative and attorneys’ fees
and costs.
(3) Upon finding a violation of 9A.56.262, 9A.56.264,
or 9A.56.266, in addition to the remedies described in this
section, the court may impose a civil penalty not exceeding
twenty-five thousand dollars.
(4) The superior court may grant temporary and final
injunctions on such terms as it deems reasonable to prevent
or restrain violations of RCW 9A.56.262 through 9A.56.266.
[1995 c 92 § 9.]
Telecommunications crime: Chapter 9.26A RCW.
9A.56.270 Shopping cart theft. (1) It is unlawful to
do any of the following acts, if a shopping cart has a
permanently affixed sign as provided in subsection (2) of
this section:
(a) To remove a shopping cart from the parking area of
a retail establishment with the intent to deprive the owner of
the shopping cart the use of the cart; or
(b) To be in possession of any shopping cart that has
been removed from the parking area of a retail establishment
with the intent to deprive the owner of the shopping cart the
use of the cart.
(2) This section shall apply only when a shopping cart:
(a) Has a sign permanently affixed to it that identifies the
owner of the cart or the retailer, or both; (b) notifies the
public of the procedure to be utilized for authorized removal
of the cart from the premises; (c) notifies the public that the
unauthorized removal of the cart from the premises or
parking area of the retail establishment, or the unauthorized
possession of the cart, is unlawful; and (d) lists a telephone
number or address for returning carts removed from the
premises or parking area to the owner or retailer.
(3) Any person who violates any provision of this
section is guilty of a misdemeanor. [1985 c 382 § 2.]
Severability—1985 c 382: See note following RCW 9A.56.010.
9A.56.280 Credit cards—Definitions. As used in
RCW 9A.56.280 and 9A.56.290, unless the context requires
otherwise:
(1) "Cardholder" means a person to whom a credit card
is issued or a person who otherwise is authorized to use a
credit card.
(2) "Credit card" means a card, plate, booklet, credit
card number, credit card account number, or other identifying symbol, instrument, or device that can be used to pay
for, or to obtain on credit, goods or services.
[Title 9A RCW—page 49]
9A.56.280
Title 9A RCW: Washington Criminal Code
(3) "Credit card transaction" means a sale or other
transaction in which a credit card is used to pay for, or to
obtain on credit, goods or services.
(4) "Credit card transaction record" means a record or
evidence of a credit card transaction, including, without
limitation, a paper, sales draft, instrument, or other writing
and an electronic or magnetic transmission or record.
(5) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized under state or federal law to do business
and accept deposits in Washington.
(6) "Merchant" means a person authorized by a financial
institution to honor or accept credit cards in payment for
goods or services.
(7) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but does not
include a financial institution or its authorized employees,
representatives, or agents. [1993 c 484 § 1.]
9A.56.290 Credit cards—Unlawful factoring of
transactions. (1) A person commits the crime of unlawful
factoring of a credit card transaction if the person, with
intent to commit fraud or theft against a cardholder, credit
card issuer, or financial institution, causes any such party or
parties to suffer actual monetary damages that in the aggregate exceed one thousand dollars, by:
(a) Presenting to or depositing with, or causing another
to present to or deposit with, a financial institution for
payment a credit card transaction record that is not the result
of a credit card transaction between the cardholder and the
person;
(b) Employing, soliciting, or otherwise causing a
merchant or an employee, representative, or agent of a
merchant to present to or deposit with a financial institution
for payment a credit card transaction record that is not the
result of a credit card transaction between the cardholder and
the merchant; or
(c) Employing, soliciting, or otherwise causing another
to become a merchant for purposes of engaging in conduct
made unlawful by this section.
(2) Normal transactions conducted by or through airline
reporting corporation-appointed travel agents or cruise-only
travel agents recognized by passenger cruise lines are not
considered factoring for the purposes of this section.
(3) Unlawful factoring of a credit card transaction is a
class C felony. [1993 c 484 § 2.]
9A.56.300 Theft of a firearm. (1) A person is guilty
of theft of a firearm if he or she commits a theft of any
firearm.
(2) This section applies regardless of the value of the
firearm taken in the theft.
(3) Each firearm taken in the theft under this section is
a separate offense.
(4) The definition of "theft" and the defense allowed
against the prosecution for theft under RCW 9A.56.020 shall
apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm
as defined in RCW 9.41.010.
(6) Theft of a firearm is a class B felony. [1995 c 129
§ 10 (Initiative Measure No. 159); 1994 sp.s. c 7 § 432.]
[Title 9A RCW—page 50]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
9A.56.310 Possessing a stolen firearm. (1) A person
is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.
(2) This section applies regardless of the stolen
firearm’s value.
(3) Each stolen firearm possessed under this section is
a separate offense.
(4) The definition of "possessing stolen property" and
the defense allowed against the prosecution for possessing
stolen property under RCW 9A.56.140 shall apply to the
crime of possessing a stolen firearm.
(5) As used in this section, "firearm" means any firearm
as defined in RCW 9.41.010.
(6) Possessing a stolen firearm is a class B felony.
[1995 c 129 § 13 (Initiative Measure No. 159).]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Chapter 9A.60
FRAUD
Sections
9A.60.010 Definitions.
9A.60.020 Forgery.
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation.
9A.60.050 False certification.
Ballots, forgery: RCW 29.85.040.
Cigarette tax stamps, forgery: RCW 82.24.100.
False representations: Chapter 9.38 RCW.
Food, drugs, and cosmetics act: Chapter 69.04 RCW.
Forest products, forgery of brands or marks: RCW 76.36.110, 76.36.120.
Forged instruments, tools for making, search and seizure: RCW 10.79.015.
Forgery: RCW 9A.60.020.
Frauds and swindles: Chapter 9.45 RCW.
Honey act: RCW 69.28.180.
Land registration forgery: RCW 65.12.760.
Misdescription of instrument forged immaterial: RCW 10.37.080.
Mutual savings bank, falsification: RCW 32.04.100.
Obtaining employment by forged recommendation: RCW 49.44.040.
Offering forged instrument for filing: RCW 40.16.030.
Optometry certificates falsification: RCW 18.53.140, 18.53.150.
Osteopathy license falsification: RCW 18.57.160.
Public bonds, forgery: Chapter 39.44 RCW.
Public works, falsification of records, etc.: RCW 39.04.110, 39.12.050.
9A.60.010 Definitions. The following definitions and
the definitions of RCW 9A.56.010 are applicable in this
chapter unless the context otherwise requires:
(1) "Written instrument" means: (a) Any paper,
document, or other instrument containing written or printed
matter or its equivalent; or (b) any access device, token,
stamp, seal, badge, trademark, or other evidence or symbol
of value, right, privilege, or identification;
(2002 Ed.)
Fraud
(2) "Complete written instrument" means one which is
fully drawn with respect to every essential feature thereof;
(3) "Incomplete written instrument" means one which
contains some matter by way of content or authentication but
which requires additional matter in order to render it a
complete written instrument;
(4) To "falsely make" a written instrument means to
make or draw a complete or incomplete written instrument
which purports to be authentic, but which is not authentic
either because the ostensible maker is fictitious or because,
if real, he did not authorize the making or drawing thereof;
(5) To "falsely complete" a written instrument means to
transform an incomplete written instrument into a complete
one by adding or inserting matter, without the authority of
anyone entitled to grant it;
(6) To "falsely alter" a written instrument means to
change, without authorization by anyone entitled to grant it,
a written instrument, whether complete or incomplete, by
means of erasure, obliteration, deletion, insertion of new
matter, transposition of matter, or in any other manner;
(7) "Forged instrument" means a written instrument
which has been falsely made, completed, or altered. [1999
c 143 § 38; 1987 c 140 § 5; 1975-’76 2nd ex.s. c 38 § 12;
1975 1st ex.s. c 260 § 9A.60.010.]
(3) A person is guilty of criminal impersonation in the
second degree if the person:
(a) Claims to be a law enforcement officer or creates an
impression that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal
impersonation in the first degree, does an act with intent to
convey the impression that he or she is acting in an official
capacity and a reasonable person would believe the person
is a law enforcement officer.
(4) Criminal impersonation in the second degree is a
misdemeanor. [1993 c 457 § 1; 1975 1st ex.s. c 260 §
9A.60.040.]
9A.60.050 False certification. (1) A person is guilty
of false certification, if, being an officer authorized to take
a proof or acknowledgment of an instrument which by law
may be recorded, he knowingly certifies falsely that the
execution of such instrument was acknowledged by any
party thereto or that the execution thereof was proved.
(2) False certification is a gross misdemeanor. [1975’76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 § 9A.60.050.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.60.020 Forgery. (1) A person is guilty of forgery
if, with intent to injure or defraud:
(a) He falsely makes, completes, or alters a written
instrument or;
(b) He possesses, utters, offers, disposes of, or puts off
as true a written instrument which he knows to be forged.
(2) Forgery is a class C felony. [1975-’76 2nd ex.s. c
38 § 13; 1975 1st ex.s. c 260 § 9A.60.020.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.60.030 Obtaining a signature by deception or
duress. (1) A person is guilty of obtaining a signature by
deception or duress if by deception or duress and with intent
to defraud or deprive he causes another person to sign or
execute a written instrument.
(2) Obtaining a signature by deception or duress is a
class C felony. [1975-’76 2nd ex.s. c 38 § 14; 1975 1st
ex.s. c 260 § 9A.60.030.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.60.040 Criminal impersonation. (1) A person is
guilty of criminal impersonation in the first degree if the
person:
(a) Assumes a false identity and does an act in his or
her assumed character with intent to defraud another or for
any other unlawful purpose; or
(b) Pretends to be a representative of some person or
organization or a public servant and does an act in his or her
pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross
misdemeanor.
(2002 Ed.)
9A.60.010
Chapter 9A.61
DEFRAUDING A PUBLIC UTILITY
Sections
9A.61.010
9A.61.020
9A.61.030
9A.61.040
9A.61.050
9A.61.060
9A.61.070
Definitions.
Defrauding a public utility.
Defrauding a public utility in the first degree.
Defrauding a public utility in the second degree.
Defrauding a public utility in the third degree.
Restitution and costs.
Damages not precluded.
9A.61.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
(1) "Customer" means the person in whose name a
utility service is provided.
(2) "Divert" means to change the intended course or
path of electricity, gas, or water without the authorization or
consent of the utility.
(3) "Person" means an individual, partnership, firm,
association, or corporation or government agency.
(4) "Reconnection" means the commencement of utility
service to a customer or other person after service has been
lawfully disconnected by the utility.
(5) "Tamper" means to rearrange, injure, alter, interfere
with, or otherwise prevent from performing the normal or
customary function.
(6) "Utility" means an electrical company, gas company,
or water company as those terms are defined in RCW
80.04.010, and includes an electrical, gas, or water system
operated by a public agency.
(7) "Utility service" means the provision of electricity,
gas, water, or any other service or commodity furnished by
the utility for compensation. [1989 c 109 § 1.]
9A.61.020 Defrauding a public utility. "Defrauding
a public utility" means to commit, authorize, solicit, aid,
abet, or attempt to:
[Title 9A RCW—page 51]
9A.61.020
Title 9A RCW: Washington Criminal Code
(1) Divert, or cause to be diverted, utility services by
any means whatsoever;
(2) Make, or cause to be made, a connection or
reconnection with property owned or used by the utility to
provide utility service without the authorization or consent
of the utility;
(3) Prevent a utility meter or other device used in
determining the charge for utility services from accurately
performing its measuring function by tampering or by any
other means;
(4) Tamper with property owned or used by the utility
to provide utility services; or
(5) Use or receive the direct benefit of all or a portion
of the utility service with knowledge of, or reason to believe
that, the diversion, tampering, or unauthorized connection
existed at the time of the use or that the use or receipt was
without the authorization or consent of the utility. [1989 c
109 § 2.]
9A.61.030 Defrauding a public utility in the first
degree. (1) A person is guilty of defrauding a public utility
in the first degree if:
(a) The utility service diverted or used exceeds one
thousand five hundred dollars in value; or
(b) Tampering has occurred in furtherance of other
criminal activity.
(2) Defrauding a public utility in the first degree is a
class B felony. [1989 c 109 § 3.]
9A.61.040 Defrauding a public utility in the second
degree. (1) A person is guilty of defrauding a public utility
in the second degree if the utility service diverted or used
exceeds five hundred dollars in value.
(2) Defrauding a public utility in the second degree is
a class C felony. [1989 c 109 § 4.]
9A.61.050 Defrauding a public utility in the third
degree. (1) A person is guilty of defrauding a public utility
in the third degree if:
(a) The utility service diverted or used is five hundred
dollars or less in value; or
(b) A connection or reconnection has occurred without
authorization or consent of the utility.
(2) Defrauding a public utility in the third degree is a
gross misdemeanor. [1989 c 109 § 5.]
9A.61.060 Restitution and costs. In any prosecution
under this section, the court may require restitution from the
defendant as provided by chapter 9A.20 RCW, plus court
costs plus the costs incurred by the utility on account of the
bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation,
disconnection, reconnection, service calls, and expert
witnesses. [1989 c 109 § 6.]
9A.61.070 Damages not precluded. Restitution
ordered or fines imposed under this chapter do not preclude
a utility from collecting damages under RCW 80.28.240 to
which it may be entitled. [1989 c 109 § 7.]
[Title 9A RCW—page 52]
Chapter 9A.64
FAMILY OFFENSES
Sections
9A.64.010
9A.64.020
9A.64.030
Bigamy.
Incest.
Child selling—Child buying.
9A.64.010 Bigamy. (1) A person is guilty of bigamy
if he intentionally marries or purports to marry another
person when either person has a living spouse.
(2) In any prosecution under this section, it is a defense
that at the time of the subsequent marriage or purported
marriage:
(a) The actor reasonably believed that the prior spouse
was dead; or
(b) A court had entered a judgment purporting to
terminate or annul any prior disqualifying marriage and the
actor did not know that such judgment was invalid; or
(c) The actor reasonably believed that he was legally
eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on
commencing a prosecution for bigamy does not begin to run
until the death of the prior or subsequent spouse of the actor
or until a court enters a judgment terminating or annulling
the prior or subsequent marriage.
(4) Bigamy is a class C felony. [1986 c 257 § 14; 1975
1st ex.s. c 260 § 9A.64.010.]
Severability—1986 c 257: See note following RCW 9A.56.010.
9A.64.020 Incest. (1) A person is guilty of incest in
the first degree if he engages in sexual intercourse with a
person whom he knows to be related to him, either legitimately or illegitimately, as an ancestor, descendant, brother,
or sister of either the whole or the half blood.
(2) A person is guilty of incest in the second degree if
he engages in sexual contact with a person whom he knows
to be related to him, either legitimately or illegitimately, as
an ancestor, descendant, brother, or sister of either the whole
or the half blood.
(3) As used in this section, "descendant" includes
stepchildren and adopted children under eighteen years of
age.
(4) As used in this section, "sexual contact" has the
same meaning as in RCW 9A.44.010.
(5) As used in this section, "sexual intercourse" has the
same meaning as in RCW 9A.44.010.
(6) Incest in the first degree is a class B felony.
(7) Incest in the second degree is a class C felony.
[1999 c 143 § 39; 1985 c 53 § 1; 1982 c 129 § 3; 1975 1st
ex.s. c 260 § 9A.64.020.]
Severability—1982 c 129: See note following RCW 9A.04.080.
9A.64.030 Child selling—Child buying. (1) It is
unlawful for any person to sell or purchase a minor child.
(2) A transaction shall not be a purchase or sale under
subsection (1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor
child; or
(2002 Ed.)
Family Offenses
(b) The transaction is between a person receiving or to
receive the child and an agency recognized under RCW
26.33.020; or
(c) The transaction is between the person receiving or
to receive the child and a state agency or other governmental
agency; or
(d) The transaction is pursuant to chapter 26.34 RCW;
or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving
or to receive the child is intended to pay for the prenatal
hospital or medical expenses involved in the birth of the
child, or attorneys’ fees and court costs involved in effectuating transfer of child custody.
(3) Child selling is a class C felony and child buying is
a class C felony. [1985 c 7 § 3; 1980 c 85 § 3.]
Severability—1980 c 85: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 85 § 5.]
Chapter 9A.68
BRIBERY AND CORRUPT INFLUENCE
Sections
9A.68.010 Bribery.
9A.68.020 Requesting unlawful compensation.
9A.68.030 Receiving or granting unlawful compensation.
9A.68.040 Trading in public office.
9A.68.050 Trading in special influence.
9A.68.060 Commercial bribery.
Banks and trust companies, misconduct by employees: RCW 30.12.110.
Baseball, bribery and illegal practices: Chapter 67.04 RCW.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Bribery or corruption offender as witness: RCW 9.18.080.
Cities and towns, commission form, misconduct of officers and employees:
RCW 35.17.150.
County commissioners, misconduct relating to inventories: RCW 36.32.220.
County officers, misconduct: RCW 36.18.160, 36.18.170.
Elections, bribery or coercion: Chapter 29.85 RCW.
Employees, corrupt influencing, grafting by: RCW 49.44.060.
Insurance, fraud and unfair practices: Chapter 48.30 RCW.
Labor representative bribery: RCW 49.44.020, 49.44.030.
Misconduct in signing a petition: RCW 9.44.080.
Public officers, misconduct: Chapter 42.20 RCW.
School officials, grafting: RCW 28A.635.050.
Wages, rebating by employers: RCW 49.52.050, 49.52.090.
9A.68.010
Bribery. (1) A person is guilty of bribery
if:
(a) With the intent to secure a particular result in a
particular matter involving the exercise of the public
servant’s vote, opinion, judgment, exercise of discretion, or
other action in his official capacity, he offers, confers, or
agrees to confer any pecuniary benefit upon such public
servant; or
(b) Being a public servant, he requests, accepts, or
agrees to accept any pecuniary benefit pursuant to an
agreement or understanding that his vote, opinion, judgment,
exercise of discretion, or other action as a public servant will
be used to secure or attempt to secure a particular result in
a particular matter.
(2002 Ed.)
9A.64.030
(2) It is no defense to a prosecution under this section
that the public servant sought to be influenced was not
qualified to act in the desired way, whether because he had
not yet assumed office, lacked jurisdiction, or for any other
reason.
(3) Bribery is a class B felony. [1975 1st ex.s. c 260 §
9A.68.010.]
9A.68.020 Requesting unlawful compensation. (1)
A public servant is guilty of requesting unlawful compensation if he requests a pecuniary benefit for the performance of
an official action knowing that he is required to perform that
action without compensation or at a level of compensation
lower than that requested.
(2) Requesting unlawful compensation is a class C
felony. [1975 1st ex.s. c 260 § 9A.68.020.]
9A.68.030 Receiving or granting unlawful compensation. (1) A person is guilty of receiving or granting
unlawful compensation if:
(a) Being a public servant, he requests, accepts, or
agrees to accept compensation for advice or other assistance
in preparing a bill, contract, claim, or transaction regarding
which he knows he is likely to have an official discretion to
exercise; or
(b) He knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other assistance in
preparing or promoting a bill, contract, claim, or other
transaction regarding which the public servant is likely to
have an official discretion to exercise.
(2) Receiving or granting unlawful compensation is a
class C felony. [1975 1st ex.s. c 260 § 9A.68.030.]
9A.68.040 Trading in public office. (1) A person is
guilty of trading in public office if:
(a) He offers, confers, or agrees to confer any pecuniary
benefit upon a public servant pursuant to an agreement or
understanding that such actor will or may be appointed to a
public office; or
(b) Being a public servant, he requests, accepts, or
agrees to accept any pecuniary benefit from another person
pursuant to an agreement or understanding that such person
will or may be appointed to a public office.
(2) Trading in public office is a class C felony. [1975
1st ex.s. c 260 § 9A.68.040.]
9A.68.050 Trading in special influence. (1) A
person is guilty of trading in special influence if:
(a) He offers, confers, or agrees to confer any pecuniary
benefit upon another person pursuant to an agreement or
understanding that such other person will offer or confer a
benefit upon a public servant or procure another to do so
with intent thereby to secure or attempt to secure a particular
result in a particular matter; or
(b) He requests, accepts, or agrees to accept any
pecuniary benefit pursuant to an agreement or understanding
that he will offer or confer a benefit upon a public servant
or procure another to do so with intent thereby to secure or
attempt to secure a particular result in a particular matter.
(2) Trading in special influence is a class C felony.
[1975 1st ex.s. c 260 § 9A.68.050.]
[Title 9A RCW—page 53]
9A.68.060
Title 9A RCW: Washington Criminal Code
9A.68.060 Commercial bribery. (1) For purposes of
this section:
(a) "Claimant" means a person who has or is believed
by an actor to have an insurance claim.
(b) "Service provider" means a person who directly or
indirectly provides, advertises, or otherwise claims to provide
services.
(c) "Services" means health care services, motor vehicle
body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(d) "Trusted person" means:
(i) An agent, employee, or partner of another;
(ii) An administrator, executor, conservator, guardian,
receiver, or trustee of a person or an estate, or any other
person acting in a fiduciary capacity;
(iii) An accountant, appraiser, attorney, physician, or
other professional adviser;
(iv) An officer or director of a corporation, or any other
person who participates in the affairs of a corporation,
partnership, or unincorporated association; or
(v) An arbitrator, mediator, or other purportedly disinterested adjudicator or referee.
(2) A person is guilty of commercial bribery if:
(a) He or she offers, confers, or agrees to confer a
pecuniary benefit directly or indirectly upon a trusted person
under a request, agreement, or understanding that the trusted
person will violate a duty of fidelity or trust arising from his
or her position as a trusted person;
(b) Being a trusted person, he or she requests, accepts,
or agrees to accept a pecuniary benefit for himself, herself,
or another under a request, agreement, or understanding that
he or she will violate a duty of fidelity or trust arising from
his or her position as a trusted person; or
(c) Being an employee or agent of an insurer, he or she
requests, accepts, or agrees to accept a pecuniary benefit for
himself or herself, or a person other than the insurer, under
a request, agreement, or understanding that he or she will or
a threat that he or she will not refer or induce claimants to
have services performed by a service provider.
(3) It is not a defense to a prosecution under this section
that the person sought to be influenced was not qualified to
act in the desired way, whether because the person had not
yet assumed his or her position, lacked authority, or for any
other reason.
(4) Commercial bribery is a class B felony. [2001 c
224 § 2. Prior: 1995 c 285 § 29.]
Purpose—2001 c 224: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
the law relating to the crime of commercial bribery, enacted as sections 29
and 37(5), chapter 285, Laws of 1995." [2001 c 224 § 1.]
Effective date—2001 c 224: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 224 § 5.]
Effective date—1995 c 285: See RCW 48.30A.900.
[Title 9A RCW—page 54]
Chapter 9A.72
PERJURY AND INTERFERENCE WITH
OFFICIAL PROCEEDINGS
Sections
9A.72.010
9A.72.020
9A.72.030
9A.72.040
9A.72.050
9A.72.060
9A.72.070
9A.72.080
9A.72.085
9A.72.090
9A.72.100
9A.72.110
9A.72.120
9A.72.130
9A.72.140
9A.72.150
9A.72.160
Committal
Definitions.
Perjury in the first degree.
Perjury in the second degree.
False swearing.
Perjury and false swearing—Inconsistent statements—
Degree of crime.
Perjury and false swearing—Retraction.
Perjury and false swearing—Irregularities no defense.
Statement of what one does not know to be true.
Unsworn statements, certification.
Bribing a witness.
Bribe receiving by a witness.
Intimidating a witness.
Tampering with a witness.
Intimidating a juror.
Jury tampering.
Tampering with physical evidence.
Intimidating a judge.
of witness committing perjury: RCW 9.72.090.
9A.72.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Materially false statement" means any false
statement oral or written, regardless of its admissibility under
the rules of evidence, which could have affected the course
or outcome of the proceeding; whether a false statement is
material shall be determined by the court as a matter of law;
(2) "Oath" includes an affirmation and every other mode
authorized by law of attesting to the truth of that which is
stated; in this chapter, written statements shall be treated as
if made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law,
to the effect that false statements made therein are punishable;
(b) The statement recites that it was made under oath,
the declarant was aware of such recitation at the time he or
she made the statement, intended that the statement should
be represented as a sworn statement, and the statement was
in fact so represented by its delivery or utterance with the
signed jurat of an officer authorized to administer oaths
appended thereto; or
(c) It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which
is certified or declared to be true under penalty of perjury as
provided in RCW 9A.72.085.
(3) An oath is "required or authorized by law" when the
use of the oath is specifically provided for by statute or
regulatory provision or when the oath is administered by a
person authorized by state or federal law to administer oaths;
(4) "Official proceeding" means a proceeding heard
before any legislative, judicial, administrative, or other
government agency or official authorized to hear evidence
under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or
depositions;
(5) "Juror" means any person who is a member of any
jury, including a grand jury, impaneled by any court of this
state or by any public servant authorized by law to impanel
(2002 Ed.)
Perjury and Interference With Official Proceedings
a jury; the term juror also includes any person who has been
drawn or summoned to attend as a prospective juror;
(6) "Testimony" includes oral or written statements,
documents, or any other material that may be offered by a
witness in an official proceeding. [2001 c 171 § 2. Prior:
1995 c 285 § 30; 1981 c 187 § 1; 1975 1st ex.s. c 260 §
9A.72.010.]
Purpose—2001 c 171: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting, without changes, legislation
relating to the crime of perjury, as amended in sections 30 and 31, chapter
285, Laws of 1995." [2001 c 171 § 1.]
Effective date—2001 c 171: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 171 § 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
9A.72.020 Perjury in the first degree. (1) A person
is guilty of perjury in the first degree if in any official
proceeding he makes a materially false statement which he
knows to be false under an oath required or authorized by
law.
(2) Knowledge of the materiality of the statement is not
an element of this crime, and the actor’s mistaken belief that
his statement was not material is not a defense to a prosecution under this section.
(3) Perjury in the first degree is a class B felony. [1975
1st ex.s. c 260 § 9A.72.020.]
9A.72.030 Perjury in the second degree. (1) A
person is guilty of perjury in the second degree if, in an
examination under oath under the terms of a contract of
insurance, or with intent to mislead a public servant in the
performance of his or her duty, he or she makes a materially
false statement, which he or she knows to be false under an
oath required or authorized by law.
(2) Perjury in the second degree is a class C felony.
[2001 c 171 § 3. Prior: 1995 c 285 § 31; 1975 1st ex.s. c
260 § 9A.72.030.]
Purpose—Effective date—2001 c 171: See notes following RCW
9A.72.010.
Effective date—1995 c 285: See RCW 48.30A.900.
9A.72.040 False swearing. (1) A person is guilty of
false swearing if he makes a false statement, which he
knows to be false, under an oath required or authorized by
law.
(2) False swearing is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.72.040.]
9A.72.050 Perjury and false swearing—Inconsistent
statements—Degree of crime. (1) Where, in the course of
one or more official proceedings, a person makes inconsistent material statements under oath, the prosecution may
proceed by setting forth the inconsistent statements in a
single count alleging in the alternative that one or the other
was false and known by the defendant to be false. In such
case it shall not be necessary for the prosecution to prove
which material statement was false but only that one or the
other was false and known by the defendant to be false.
(2) The highest offense of which a person may be
convicted in such an instance as set forth in subsection (1)
(2002 Ed.)
9A.72.010
of this section shall be determined by hypothetically assuming each statement to be false. If perjury of different
degrees would be established by the making of the two
statements, the person may only be convicted of the lesser
degree. If perjury or false swearing would be established by
the making of the two statements, the person may only be
convicted of false swearing. For purposes of this section, no
corroboration shall be required of either inconsistent statement. [1975 1st ex.s. c 260 § 9A.72.050.]
9A.72.060 Perjury and false swearing—Retraction.
No person shall be convicted of perjury or false swearing if
he retracts his false statement in the course of the same
proceeding in which it was made, if in fact he does so
before it becomes manifest that the falsification is or will be
exposed and before the falsification substantially affects the
proceeding. Statements made in separate hearings at
separate stages of the same trial, administrative, or other
official proceeding shall be treated as if made in the course
of the same proceeding. [1975-’76 2nd ex.s. c 38 § 16;
1975 1st ex.s. c 260 § 9A.72.060.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
9A.72.070
Perjury and false swearing—
Irregularities no defense. It is no defense to a prosecution
for perjury or false swearing:
(1) That the oath was administered or taken in an
irregular manner; or
(2) That the person administering the oath lacked
authority to do so, if the taking of the oath was required or
authorized by law. [1975 1st ex.s. c 260 § 9A.72.070.]
9A.72.080 Statement of what one does not know to
be true. Every unqualified statement of that which one does
not know to be true is equivalent to a statement of that
which he knows to be false. [1975 1st ex.s. c 260 §
9A.72.080.]
9A.72.085 Unsworn statements, certification.
Whenever, under any law of this state or under any rule,
order, or requirement made under the law of this state, any
matter in an official proceeding is required or permitted to
be supported, evidenced, established, or proved by a person’s
sworn written statement, declaration, verification, certificate,
oath, or affidavit, the matter may with like force and effect
be supported, evidenced, established, or proved in the official
proceeding by an unsworn written statement, declaration,
verification, or certificate, which:
(1) Recites that it is certified or declared by the person
to be true under penalty of perjury;
(2) Is subscribed by the person;
(3) States the date and place of its execution; and
(4) States that it is so certified or declared under the
laws of the state of Washington.
The certification or declaration may be in substantially
the following form:
"I certify (or declare) under penalty of perjury under the
laws of the State of Washington that the foregoing is true
and correct":
[Title 9A RCW—page 55]
9A.72.085
...................
(Date and Place)
Title 9A RCW: Washington Criminal Code
...................
(Signature)
This section does not apply to writings requiring an
acknowledgement, depositions, oaths of office, or oaths
required to be taken before a special official other than a
notary public. [1981 c 187 § 3.]
9A.72.090 Bribing a witness. (1) A person is guilty
of bribing a witness if he or she offers, confers, or agrees to
confer any benefit upon a witness or a person he or she has
reason to believe is about to be called as a witness in any
official proceeding or upon a person whom he or she has
reason to believe may have information relevant to a
criminal investigation or the abuse or neglect of a minor
child, with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning
him or her to testify; or
(c) Induce that person to absent himself or herself from
an official proceeding to which he or she has been legally
summoned; or
(d) Induce that person to refrain from reporting information relevant to a criminal investigation or the abuse or
neglect of a minor child.
(2) Bribing a witness is a class B felony. [1994 c 271
§ 202; 1982 1st ex.s. c 47 § 16; 1975 1st ex.s. c 260 §
9A.72.090.]
Finding—1994 c 271: "The legislature finds that witness intimidation
and witness tampering serve to thwart both the effective prosecution of
criminal conduct in the state of Washington and resolution of child
dependencies.
Further, the legislature finds that intimidating persons who have
information pertaining to a future proceeding serves to prevent both the
bringing of a charge and prosecution of such future proceeding. The
legislature finds that the period before a crime or child abuse or neglect is
reported is when a victim is most vulnerable to influence, both from the
defendant or from people acting on behalf of the defendant and a time when
the defendant is most able to threaten, bribe, and/or persuade potential
witnesses to leave the jurisdiction or withhold information from law
enforcement agencies.
The legislature moreover finds that a criminal defendant’s admonishment or demand to a witness to "drop the charges" is intimidating to
witnesses or other persons with information relevant to a criminal proceeding.
The legislature finds, therefore, that tampering with and/or intimidating
witnesses or other persons with information relevant to a present or future
criminal or child dependency proceeding are grave offenses which adversely
impact the state’s ability to promote public safety and prosecute criminal
behavior." [1994 c 271 § 201.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.72.100 Bribe receiving by a witness. (1) A
witness or a person who has reason to believe he or she is
about to be called as a witness in any official proceeding or
that he or she may have information relevant to a criminal
investigation or the abuse or neglect of a minor child is
guilty of bribe receiving by a witness if he or she requests,
accepts, or agrees to accept any benefit pursuant to an
agreement or understanding that:
(a) The person’s testimony will thereby be influenced;
or
(b) The person will attempt to avoid legal process
summoning him or her to testify; or
(c) The person will attempt to absent himself or herself
from an official proceeding to which he or she has been
legally summoned; or
(d) The person will not report information he or she has
relevant to a criminal investigation or the abuse or neglect of
a minor child.
(2) Bribe receiving by a witness is a class B felony.
[1994 c 271 § 203; 1982 1st ex.s. c 47 § 17; 1975 1st ex.s.
c 260 § 9A.72.100.]
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.72.110 Intimidating a witness. (1) A person is
guilty of intimidating a witness if a person, by use of a
threat against a current or prospective witness, attempts to:
(a) Influence the testimony of that person;
(b) Induce that person to elude legal process summoning
him or her to testify;
(c) Induce that person to absent himself or herself from
such proceedings; or
(d) Induce that person not to report the information
relevant to a criminal investigation or the abuse or neglect of
a minor child, not to have the crime or the abuse or neglect
of a minor child prosecuted, or not to give truthful or
complete information relevant to a criminal investigation or
the abuse or neglect of a minor child.
(2) A person also is guilty of intimidating a witness if
the person directs a threat to a former witness because of the
witness’s role in an official proceeding.
(3) As used in this section:
(a) "Threat" means:
(i) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(ii) Threat as defined in RCW 9A.04.110(25).
(b) "Current or prospective witness" means:
(i) A person endorsed as a witness in an official
proceeding;
(ii) A person whom the actor believes may be called as
a witness in any official proceeding; or
(iii) A person whom the actor has reason to believe may
have information relevant to a criminal investigation or the
abuse or neglect of a minor child.
(c) "Former witness" means:
(i) A person who testified in an official proceeding;
(ii) A person who was endorsed as a witness in an
official proceeding;
(iii) A person whom the actor knew or believed may
have been called as a witness if a hearing or trial had been
held; or
(iv) A person whom the actor knew or believed may
have provided information related to a criminal investigation
or an investigation into the abuse or neglect of a minor child.
(4) Intimidating a witness is a class B felony. [1997 c
29 § 1; 1994 c 271 § 204; 1985 c 327 § 2; 1982 1st ex.s. c
47 § 18; 1975 1st ex.s. c 260 § 9A.72.110.]
Finding—1994 c 271: See note following RCW 9A.72.090.
[Title 9A RCW—page 56]
(2002 Ed.)
Perjury and Interference With Official Proceedings
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.72.120 Tampering with a witness. (1) A person
is guilty of tampering with a witness if he or she attempts to
induce a witness or person he or she has reason to believe is
about to be called as a witness in any official proceeding or
a person whom he or she has reason to believe may have
information relevant to a criminal investigation or the abuse
or neglect of a minor child to:
(a) Testify falsely or, without right or privilege to do so,
to withhold any testimony; or
(b) Absent himself or herself from such proceedings; or
(c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation
or the abuse or neglect of a minor child to the agency.
(2) Tampering with a witness is a class C felony. [1994
c 271 § 205; 1982 1st ex.s. c 47 § 19; 1975 1st ex.s. c 260
§ 9A.72.120.]
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.72.130 Intimidating a juror. (1) A person is
guilty of intimidating a juror if a person directs a threat to a
former juror because of the juror’s vote, opinion, decision,
or other official action as a juror, or if, by use of a threat, he
attempts to influence a juror’s vote, opinion, decision, or
other official action as a juror.
(2) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) threats as defined in RCW 9A.04.110(25).
(3) Intimidating a juror is a class B felony. [1985 c 327
§ 3; 1975 1st ex.s. c 260 § 9A.72.130.]
9A.72.140 Jury tampering. (1) A person is guilty of
jury tampering if with intent to influence a juror’s vote,
opinion, decision, or other official action in a case, he
attempts to communicate directly or indirectly with a juror
other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.72.140.]
9A.72.150 Tampering with physical evidence. (1)
A person is guilty of tampering with physical evidence if,
having reason to believe that an official proceeding is
pending or about to be instituted and acting without legal
right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters
physical evidence with intent to impair its appearance,
character, or availability in such pending or prospective
official proceeding; or
(b) Knowingly presents or offers any false physical
evidence.
(2002 Ed.)
9A.72.110
(2) "Physical evidence" as used in this section includes
any article, object, document, record, or other thing of
physical substance.
(3) Tampering with physical evidence is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.72.150.]
9A.72.160 Intimidating a judge. (1) A person is
guilty of intimidating a judge if a person directs a threat to
a judge because of a ruling or decision of the judge in any
official proceeding, or if by use of a threat directed to a
judge, a person attempts to influence a ruling or decision of
the judge in any official proceeding.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) Threats as defined in RCW 9A.04.110(25).
(3) Intimidating a judge is a class B felony. [1985 c
327 § 1.]
Chapter 9A.76
OBSTRUCTING GOVERNMENTAL OPERATION
Sections
9A.76.010
9A.76.020
9A.76.023
9A.76.025
Definitions.
Obstructing a law enforcement officer.
Disarming a law enforcement or corrections officer.
Disarming a law enforcement or corrections officer—
Commission of another crime.
9A.76.027 Law enforcement or corrections officer engaged in criminal
conduct.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance—Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.110 Escape in the first degree.
9A.76.115 Sexually violent predator escape.
9A.76.120 Escape in the second degree.
9A.76.130 Escape in the third degree.
9A.76.140 Introducing contraband in the first degree.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
9A.76.180 Intimidating a public servant.
9A.76.200 Harming a police or accelerant detection dog.
Withholding knowledge of felony: RCW 9.69.100.
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Custody" means restraint pursuant to a lawful arrest
or an order of a court, or any period of service on a work
crew: PROVIDED, That custody pursuant to chapter 13.34
RCW and RCW 74.13.020 and 74.13.031 and chapter
13.32A RCW shall not be deemed custody for purposes of
this chapter;
(2) "Detention facility" means any place used for the
confinement of a person (a) arrested for, charged with or
convicted of an offense, or (b) charged with being or
adjudicated to be a juvenile offender as defined in RCW
[Title 9A RCW—page 57]
9A.76.010
Title 9A RCW: Washington Criminal Code
13.40.020 as now existing or hereafter amended, or (c) held
for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court, except an order
under chapter 13.34 RCW or chapter 13.32A RCW, or (e) in
any work release, furlough, or other such facility or program;
(3) "Contraband" means any article or thing which a
person confined in a detention facility is prohibited from
obtaining or possessing by statute, rule, regulation, or order
of a court;
(4) "Uncontrollable circumstances" means an act of
nature such as a flood, earthquake, or fire, or a medical
condition that requires immediate hospitalization or treatment, or an act of man such as an automobile accident or
threats of death, forcible sexual attack, or substantial bodily
injury in the immediate future for which there is no time for
a complaint to the authorities and no time or opportunity to
resort to the courts. [2001 c 264 § 4; 1991 c 181 § 6; 1979
c 155 § 35; 1977 ex.s. c 291 § 53; 1975 1st ex.s. c 260 §
9A.76.010.]
Effective date—2001 c 264: See note following RCW 9A.76.110.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
9A.76.020 Obstructing a law enforcement officer.
(1) A person is guilty of obstructing a law enforcement
officer if the person willfully hinders, delays, or obstructs
any law enforcement officer in the discharge of his or her
official powers or duties.
(2) "Law enforcement officer" means any general
authority, limited authority, or specially commissioned
Washington peace officer or federal peace officer as those
terms are defined in RCW 10.93.020, and other public
officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross
misdemeanor. [2001 c 308 § 3. Prior: 1995 c 285 § 33;
1994 c 196 § 1; 1975 1st ex.s. c 260 § 9A.76.020.]
Purpose—Effective date—2001 c 308: See notes following RCW
9A.76.175.
Effective date—1995 c 285: See RCW 48.30A.900.
9A.76.023 Disarming a law enforcement or corrections officer. (1) A person is guilty of disarming a law
enforcement officer if with intent to interfere with the performance of the officer’s duties the person knowingly
removes a firearm or weapon from the person of a law
enforcement officer or corrections officer or deprives a law
enforcement officer or corrections officer of the use of a
firearm or weapon, when the officer is acting within the
scope of the officer’s duties, does not consent to the removal, and the person has reasonable cause to know or knows
that the individual is a law enforcement or corrections
officer.
(2) Disarming a law enforcement or corrections officer
is a class C felony unless the firearm involved is discharged
when the person removes the firearm, in which case the
offense is a class B felony. [1998 c 252 § 1.]
[Title 9A RCW—page 58]
9A.76.025 Disarming a law enforcement or corrections officer—Commission of another crime. A person
who commits another crime during the commission of the
crime of disarming a law enforcement or corrections officer
may be punished for the other crime as well as for disarming
a law enforcement officer and may be prosecuted separately
for each crime. [1998 c 252 § 2.]
9A.76.027 Law enforcement or corrections officer
engaged in criminal conduct. RCW 9A.76.023 and
9A.76.025 do not apply when the law enforcement officer or
corrections officer is engaged in criminal conduct. [1998 c
252 § 3.]
9A.76.030 Refusing to summon aid for a peace
officer. (1) A person is guilty of refusing to summon aid
for a peace officer if, upon request by a person he knows to
be a peace officer, he unreasonably refuses or fails to
summon aid for such peace officer.
(2) Refusing to summon aid for a peace officer is a
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.030.]
9A.76.040 Resisting arrest. (1) A person is guilty of
resisting arrest if he intentionally prevents or attempts to
prevent a peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor. [1975 1st ex.s.
c 260 § 9A.76.040.]
9A.76.050 Rendering criminal assistance—
Definition of term. As used in RCW 9A.76.070,
9A.76.080, and 9A.76.090, a person "renders criminal
assistance" if, with intent to prevent, hinder, or delay the
apprehension or prosecution of another person who he knows
has committed a crime or juvenile offense or is being sought
by law enforcement officials for the commission of a crime
or juvenile offense or has escaped from a detention facility,
he:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or
apprehension; or
(3) Provides such person with money, transportation,
disguise, or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception, or
threat, anyone from performing an act that might aid in the
discovery or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence
that might aid in the discovery or apprehension of such
person; or
(6) Provides such person with a weapon. [1982 1st
ex.s. c 47 § 20; 1975 1st ex.s. c 260 § 9A.76.050.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.76.060 Relative defined. As used in RCW
9A.76.070 and 9A.76.080, "relative" means a person:
(1) Who is related as husband or wife, brother or sister,
parent or grandparent, child or grandchild, step-child or stepparent to the person to whom criminal assistance is rendered;
and
(2002 Ed.)
Obstructing Governmental Operation
(2) Who does not render criminal assistance to another
person in one or more of the means defined in subsections
(4), (5), or (6) of RCW 9A.76.050. [1975 1st ex.s. c 260 §
9A.76.060.]
9A.76.070 Rendering criminal assistance in the first
degree. (1) A person is guilty of rendering criminal
assistance in the first degree if he renders criminal assistance
to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent
juvenile offense.
(2) Rendering criminal assistance in the first degree is:
(a) A gross misdemeanor if it is established by a
preponderance of the evidence that the actor is a relative as
defined in RCW 9A.76.060;
(b) A class C felony in all other cases. [1982 1st ex.s.
c 47 § 21; 1975 1st ex.s. c 260 § 9A.76.070.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.76.080 Rendering criminal assistance in the
second degree. (1) A person is guilty of rendering criminal
assistance in the second degree if he renders criminal assistance to a person who has committed or is being sought
for a class B or class C felony or an equivalent juvenile
offense or to someone being sought for violation of parole,
probation, or community supervision.
(2) Rendering criminal assistance in the second degree
is:
(a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in
RCW 9A.76.060;
(b) A gross misdemeanor in all other cases. [1982 1st
ex.s. c 47 § 22; 1975 1st ex.s. c 260 § 9A.76.080.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
9A.76.090 Rendering criminal assistance in the
third degree. (1) A person is guilty of rendering criminal
assistance in the third degree if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.
(2) Rendering criminal assistance in the third degree is
a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.090.]
9A.76.100 Compounding. (1) A person is guilty of
compounding if:
(a) He requests, accepts, or agrees to accept any
pecuniary benefit pursuant to an agreement or understanding
that he will refrain from initiating a prosecution for a crime;
or
(b) He confers, or offers or agrees to confer, any
pecuniary benefit upon another pursuant to an agreement or
understanding that such other person will refrain from
initiating a prosecution for a crime.
(2) In any prosecution under this section, it is a defense
if established by a preponderance of the evidence that the
pecuniary benefit did not exceed an amount which the
defendant reasonably believed to be due as restitution or
indemnification for harm caused by the crime.
(2002 Ed.)
9A.76.060
(3) Compounding is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.76.100.]
9A.76.110 Escape in the first degree. (1) A person
is guilty of escape in the first degree if he or she knowingly
escapes from custody or a detention facility while being
detained pursuant to a conviction of a felony or an equivalent juvenile offense.
(2) It is an affirmative defense to a prosecution under
this section that uncontrollable circumstances prevented the
person from remaining in custody or in the detention facility
or from returning to custody or to the detention facility, and
that the person did not contribute to the creation of such
circumstances in reckless disregard of the requirement to
remain or return, and that the person returned to custody or
the detention facility as soon as such circumstances ceased
to exist.
(3) Escape in the first degree is a class B felony. [2001
c 264 § 1; 1982 1st ex.s. c 47 § 23; 1975 1st ex.s. c 260 §
9A.76.110.]
Effective date—2001 c 264: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 264 § 9.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.115 Sexually violent predator escape. (1) A
person is guilty of sexually violent predator escape if:
(a) Having been found to be a sexually violent predator
and confined to the special commitment center or another
secure facility under court order, the person escapes from the
secure facility;
(b) Having been found to be a sexually violent predator
and being under an order of conditional release, the person
leaves or remains absent from the state of Washington
without prior court authorization; or
(c) Having been found to be a sexually violent predator
and being under an order of conditional release, the person:
(i) Without authorization, leaves or remains absent from his
or her residence, place of employment, educational institution, or authorized outing; (ii) tampers with his or her electronic monitoring device or removes it without authorization;
or (iii) escapes from his or her escort.
(2) Sexually violent predator escape is a class A felony
with a minimum sentence of sixty months, and shall be
sentenced under RCW 9.94A.712. [2001 2nd sp.s. c 12 §
360; 2001 c 287 § 1.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—2001 c 287: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 2001] except for section 4 of this act, which takes effect July 1,
2001." [2001 c 287 § 5.]
9A.76.120 Escape in the second degree. (1) A
person is guilty of escape in the second degree if:
(a) He or she knowingly escapes from a detention
facility; or
[Title 9A RCW—page 59]
9A.76.120
Title 9A RCW: Washington Criminal Code
(b) Having been charged with a felony or an equivalent
juvenile offense, he or she knowingly escapes from custody;
or
(c) Having been committed under chapter 10.77 RCW
for a sex, violent, or felony harassment offense and being
under an order of conditional release, he or she knowingly
leaves or remains absent from the state of Washington without prior court authorization.
(2) It is an affirmative defense to a prosecution under
this section that uncontrollable circumstances prevented the
person from remaining in custody or in the detention facility
or from returning to custody or to the detention facility, and
that the person did not contribute to the creation of such
circumstances in reckless disregard of the requirement to
remain or return, and that the person returned to custody or
the detention facility as soon as such circumstances ceased
to exist.
(3) Escape in the second degree is a class C felony.
[2001 c 287 § 2; 2001 c 264 § 2; 1995 c 216 § 15; 1982 1st
ex.s. c 47 § 24; 1975 1st ex.s. c 260 § 9A.76.120.]
Reviser’s note: This section was amended by 2001 c 264 § 2 and by
2001 c 287 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.130 Escape in the third degree. (1) A person
is guilty of escape in the third degree if he escapes from
custody.
(2) Escape in the third degree is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.76.130.]
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.140 Introducing contraband in the first
degree. (1) A person is guilty of introducing contraband in
the first degree if he knowingly provides any deadly weapon
to any person confined in a detention facility.
(2) Introducing contraband in the first degree is a class
B felony. [1975 1st ex.s. c 260 § 9A.76.140.]
9A.76.150 Introducing contraband in the second
degree. (1) A person is guilty of introducing contraband in
the second degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility
with the intent that such contraband be of assistance in an
escape or in the commission of a crime.
(2) Introducing contraband in the second degree is a
class C felony. [1975 1st ex.s. c 260 § 9A.76.150.]
9A.76.160 Introducing contraband in the third
degree. (1) A person is guilty of introducing contraband in
the third degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility.
(2) Introducing contraband in the third degree is a
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.160.]
[Title 9A RCW—page 60]
9A.76.170 Bail jumping. (1) Any person having been
released by court order or admitted to bail with knowledge
of the requirement of a subsequent personal appearance
before any court of this state, or of the requirement to report
to a correctional facility for service of sentence, and who
fails to appear or who fails to surrender for service of
sentence as required is guilty of bail jumping.
(2) It is an affirmative defense to a prosecution under
this section that uncontrollable circumstances prevented the
person from appearing or surrendering, and that the person
did not contribute to the creation of such circumstances in
reckless disregard of the requirement to appear or surrender,
and that the person appeared or surrendered as soon as such
circumstances ceased to exist.
(3) Bail jumping is:
(a) A class A felony if the person was held for, charged
with, or convicted of murder in the first degree;
(b) A class B felony if the person was held for, charged
with, or convicted of a class A felony other than murder in
the first degree;
(c) A class C felony if the person was held for, charged
with, or convicted of a class B or class C felony;
(d) A misdemeanor if the person was held for, charged
with, or convicted of a gross misdemeanor or misdemeanor.
[2001 c 264 § 3; 1983 1st ex.s. c 4 § 3; 1975 1st ex.s. c 260
§ 9A.76.170.]
Effective date—2001 c 264: See note following RCW 9A.76.110.
Severability—1983 1st ex.s. c 4: See note following RCW
9A.48.070.
9A.76.175 Making a false or misleading statement
to a public servant. A person who knowingly makes a
false or misleading material statement to a public servant is
guilty of a gross misdemeanor. "Material statement" means
a written or oral statement reasonably likely to be relied
upon by a public servant in the discharge of his or her
official powers or duties. [2001 c 308 § 2. Prior: 1995 c
285 § 32.]
Purpose—2001 c 308: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting, without changes, the law
prohibiting materially false or misleading statements to public servants,
enacted as sections 32 and 33, chapter 285, Laws of 1995." [2001 c 308 §
1.]
Effective date—2001 c 308: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 308 § 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
9A.76.180 Intimidating a public servant. (1) A
person is guilty of intimidating a public servant if, by use of
a threat, he attempts to influence a public servant’s vote,
opinion, decision, or other official action as a public servant.
(2) For purposes of this section "public servant" shall
not include jurors.
(3) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) threats as defined in RCW 9A.04.110(25).
(4) Intimidating a public servant is a class B felony.
[1975 1st ex.s. c 260 § 9A.76.180.]
(2002 Ed.)
Obstructing Governmental Operation
9A.76.200 Harming a police or accelerant detection
dog. (1) A person is guilty of harming a police dog or
accelerant detection dog if he or she maliciously injures,
disables, shoots, or kills by any means any dog that the person knows or has reason to know to be a police dog or
accelerant detection dog, as defined in RCW 4.24.410,
whether or not the dog is actually engaged in police or accelerant detection work at the time of the injury.
(2) Harming a police dog or accelerant detection dog is
a class C felony. [1993 c 180 § 2; 1989 c 26 § 2; 1982 c 22
§ 2.]
Chapter 9A.80
ABUSE OF OFFICE
Sections
9A.80.010
Official misconduct.
9A.80.010 Official misconduct. (1) A public servant
is guilty of official misconduct if, with intent to obtain a
benefit or to deprive another person of a lawful right or
privilege:
(a) He intentionally commits an unauthorized act under
color of law; or
(b) He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a gross misdemeanor. [1975’76 2nd ex.s. c 38 § 17; 1975 1st ex.s. c 260 § 9A.80.010.]
Effective date—Severability—1975-’76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
Failure of duty by public officers: RCW 42.20.100.
Chapter 9A.82
CRIMINAL PROFITEERING ACT
(Formerly: Racketeering)
Sections
9A.82.001
9A.82.010
9A.82.020
9A.82.030
9A.82.040
9A.82.045
9A.82.050
9A.82.060
9A.82.070
9A.82.080
9A.82.085
9A.82.090
9A.82.100
9A.82.110
9A.82.120
9A.82.130
9A.82.140
9A.82.150
9A.82.160
9A.82.170
9A.82.900
9A.82.901
(2002 Ed.)
Short title.
Definitions.
Extortionate extension of credit.
Advancing money or property to be used for extortionate
credit.
Use of extortionate means to collect extensions of credit.
Collection of unlawful debt.
Trafficking in stolen property.
Leading organized crime.
Influencing outcome of sporting event.
Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or attempt.
Bars on certain prosecutions.
Orders restraining criminal profiteering—When issued.
Remedies and procedures.
State public safety and education account—County
antiprofiteering revolving funds.
Criminal profiteering lien—Authority, procedures.
Criminal profiteering lien—Trustee of real property.
Criminal profiteering lien—Procedures after notice.
Criminal profiteering lien—Conveyance of property by
trustee, liability.
Criminal profiteering lien—Trustee’s failure to comply,
evasion of procedures or lien.
Financial institution records—Inspection and copying—
Wrongful disclosure.
Severability—1984 c 270.
Effective date—1984 c 270 as amended by 1985 c 455.
9A.76.200
9A.82.902 Effective date—1985 c 455.
9A.82.904 Severability—1985 c 455.
Special narcotics enforcement unit: RCW 43.43.655.
9A.82.001 Short title. This chapter shall be known
as the criminal profiteering act. [2001 c 222 § 2. Prior:
1985 c 455 § 1.]
Purpose—2001 c 222: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting, without substantive changes,
the Washington laws relating to criminal profiteering, and the sentencing
level ranking for criminal profiteering crimes as they existed prior to
December 21, 2000." [2001 c 222 § 1.]
Effective date—2001 c 222: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 222 § 25.]
9A.82.010 Definitions. Unless the context requires
the contrary, the definitions in this section apply throughout
this chapter.
(1)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust
established under Title 11 RCW in which the trustee for the
trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any
other trust arrangement under which a trustee holds legal or
record title to real property for the benefit of the beneficiary;
or
(iii) The interest of a person under any other form of
express fiduciary arrangement under which one person holds
legal or record title to real property for the benefit of the
other person.
(b) "Beneficial interest" does not include the interest of
a stockholder in a corporation or the interest of a partner in
a general partnership or limited partnership.
(c) A beneficial interest is considered to be located
where the real property owned by the trustee is located.
(2) "Control" means the possession of a sufficient
interest to permit substantial direction over the affairs of an
enterprise.
(3) "Creditor" means a person making an extension of
credit or a person claiming by, under, or through a person
making an extension of credit.
(4) "Criminal profiteering" means any act, including any
anticipatory or completed offense, committed for financial
gain, that is chargeable or indictable under the laws of the
state in which the act occurred and, if the act occurred in a
state other than this state, would be chargeable or indictable
under the laws of this state had the act occurred in this state
and punishable as a felony and by imprisonment for more
than one year, regardless of whether the act is charged or
indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and
9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and
9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and
9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and
9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040,
9A.56.060, and 9A.56.080;
[Title 9A RCW—page 61]
9A.82.010
Title 9A RCW: Washington Criminal Code
(f) Unlawful sale of subscription television services, as
defined in RCW 9A.56.230;
(g) Theft of telecommunication services or unlawful
manufacture of a telecommunication device, as defined in
RCW 9A.56.262 and 9A.56.264;
(h) Child selling or child buying, as defined in RCW
9A.64.030;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020,
9A.68.040, and 9A.68.050;
(j) Gambling, as defined in RCW 9.46.220 and 9.46.215
and 9.46.217;
(k) Extortion, as defined in RCW 9A.56.120 and
9A.56.130;
(l) Extortionate extension of credit, as defined in RCW
9A.82.020;
(m) Advancing money for use in an extortionate
extension of credit, as defined in RCW 9A.82.030;
(n) Collection of an extortionate extension of credit, as
defined in RCW 9A.82.040;
(o) Collection of an unlawful debt, as defined in RCW
9A.82.045;
(p) Delivery or manufacture of controlled substances or
possession with intent to deliver or manufacture controlled
substances under chapter 69.50 RCW;
(q) Trafficking in stolen property, as defined in RCW
9A.82.050;
(r) Leading organized crime, as defined in RCW
9A.82.060;
(s) Money laundering, as defined in RCW 9A.83.020;
(t) Obstructing criminal investigations or prosecutions in
violation of RCW 9A.72.090, 9A.72.100, 9A.72.110,
9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(u) Fraud in the purchase or sale of securities, as
defined in RCW 21.20.010;
(v) Promoting pornography, as defined in RCW
9.68.140;
(w) Sexual exploitation of children, as defined in RCW
9.68A.040, 9.68A.050, and 9.68A.060;
(x) Promoting prostitution, as defined in RCW
9A.88.070 and 9A.88.080;
(y) Arson, as defined in RCW 9A.48.020 and
9A.48.030;
(z) Assault, as defined in RCW 9A.36.011 and
9A.36.021;
(aa) Assault of a child, as defined in RCW 9A.36.120
and 9A.36.130;
(bb) A pattern of equity skimming, as defined in RCW
61.34.020;
(cc) Commercial telephone solicitation in violation of
RCW 19.158.040(1);
(dd) Trafficking in insurance claims, as defined in RCW
48.30A.015;
(ee) Unlawful practice of law, as defined in RCW
2.48.180;
(ff) Commercial bribery, as defined in RCW 9A.68.060;
(gg) Health care false claims, as defined in RCW
48.80.030;
(hh) Unlicensed practice of a profession or business, as
defined in RCW 18.130.190(7);
(ii) Improperly obtaining financial information, as
defined in RCW 9.35.010; or
(jj) Identity theft, as defined in RCW 9.35.020.
[Title 9A RCW—page 62]
(5) "Dealer in property" means a person who buys and
sells property as a business.
(6) "Debtor" means a person to whom an extension of
credit is made or a person who guarantees the repayment of
an extension of credit or in any manner undertakes to
indemnify the creditor against loss resulting from the failure
of a person to whom an extension is made to repay the
same.
(7) "Documentary material" means any book, paper,
document, writing, drawing, graph, chart, photograph,
phonograph record, magnetic tape, computer printout, other
data compilation from which information can be obtained or
from which information can be translated into usable form,
or other tangible item.
(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit
or nonprofit legal entity, and includes any union, association,
or group of individuals associated in fact although not a
legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding
of the creditor and the debtor at the time the extension is
made that delay in making repayment or failure to make
repayment could result in the use of violence or other
criminal means to cause harm to the person, reputation, or
property of any person.
(10) "Extortionate means" means the use, or an express
or implicit threat of use, of violence or other criminal means
to cause harm to the person, reputation, or property of any
person.
(11) "Financial institution" means any bank, trust
company, savings and loan association, savings bank, mutual
savings bank, credit union, or loan company under the
jurisdiction of the state or an agency of the United States.
(12) "Pattern of criminal profiteering activity" means
engaging in at least three acts of criminal profiteering, one
of which occurred after July 1, 1985, and the last of which
occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal
profiteering. In order to constitute a pattern, the three acts
must have the same or similar intent, results, accomplices,
principals, victims, or methods of commission, or be
otherwise interrelated by distinguishing characteristics
including a nexus to the same enterprise, and must not be
isolated events. However, in any civil proceedings brought
pursuant to RCW 9A.82.100 by any person other than the
attorney general or county prosecuting attorney in which one
or more acts of fraud in the purchase or sale of securities are
asserted as acts of criminal profiteering activity, it is a
condition to civil liability under RCW 9A.82.100 that the
defendant has been convicted in a criminal proceeding of
fraud in the purchase or sale of securities under RCW
21.20.400 or under the laws of another state or of the United
States requiring the same elements of proof, but such
conviction need not relate to any act or acts asserted as acts
of criminal profiteering activity in such civil action under
RCW 9A.82.100.
(13) "Real property" means any real property or interest
in real property, including but not limited to a land sale
contract, lease, or mortgage of real property.
(2002 Ed.)
Criminal Profiteering Act
(14) "Records" means any book, paper, writing, record,
computer program, or other material.
(15) "Repayment of an extension of credit" means the
repayment, satisfaction, or discharge in whole or in part of
a debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(16) "Stolen property" means property that has been
obtained by theft, robbery, or extortion.
(17) "To collect an extension of credit" means to induce
in any way a person to make repayment thereof.
(18) "To extend credit" means to make or renew a loan
or to enter into an agreement, tacit or express, whereby the
repayment or satisfaction of a debt or claim, whether
acknowledged or disputed, valid or invalid, and however
arising, may or shall be deferred.
(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another
person, or to buy, receive, possess, or obtain control of
stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another
person.
(20)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established
under Title 11 RCW in which the trustee holds legal or
record title to real property;
(ii) A person who holds legal or record title to real
property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee
under (a)(i) or (ii) of this subsection.
(b) "Trustee" does not mean a person appointed or
acting as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a
bond is issued; or
(iv) A trustee under a deed of trust.
(21) "Unlawful debt" means any money or other thing
of value constituting principal or interest of a debt that is
legally unenforceable in the state in full or in part because
the debt was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or
a thing of value at a rate that is at least twice the permitted
rate under the applicable state or federal law relating to
usury. [2001 c 222 § 3; 2001 c 217 § 11. Prior: 1999 c
143 § 40; prior: 1995 c 285 § 34; 1995 c 92 § 5; 1994 c
218 § 17; prior: 1992 c 210 § 6; 1992 c 145 § 13; 1989 c
20 § 17; 1988 c 33 § 5; 1986 c 78 § 1; 1985 c 455 § 2;
1984 c 270 § 1.]
Reviser’s note: This section was amended by 2001 c 217 § 11 and
by 2001 c 222 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Effective date—1995 c 285: See RCW 48.30A.900.
Effective date—1994 c 218: See note following RCW 9.46.010.
(2002 Ed.)
9A.82.010
Severability—Effective date—1989 c 20: See RCW 19.158.900 and
19.158.901.
Effective date—1988 c 33 § 5: "Section 5 of this act shall take effect
July 1, 1988." [1988 c 33 § 8.]
Severability—1988 c 33: See RCW 61.34.900.
9A.82.020 Extortionate extension of credit. (1) A
person who knowingly makes an extortionate extension of
credit is guilty of a class B felony.
(2) In a prosecution under this section, if it is shown
that all of the following factors are present in connection
with the extension of credit, there is prima facie evidence
that the extension of credit was extortionate:
(a) The repayment of the extension of credit, or the
performance of any promise given in consideration thereof,
would be unenforceable at the time the extension of credit
was made through civil judicial processes against the debtor
in the county in which the debtor, if a natural person, resided
or in every county in which the debtor, if other than a
natural person, was incorporated or qualified to do business.
(b) The extension of credit was made at a rate of
interest in excess of an annual rate of forty-five percent
calculated according to the actuarial method of allocating
payments made on a debt between principal and interest,
pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid
principal.
(c) The creditor intended the debtor to believe that
failure to comply with the terms of the extension of credit
would be enforced by extortionate means.
(d) Upon the making of the extension of credit, the total
of the extensions of credit by the creditor to the debtor then
outstanding, including any unpaid interest or similar charges,
exceeded one hundred dollars. [2001 c 222 § 4. Prior:
1985 c 455 § 3; 1984 c 270 § 2.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.030 Advancing money or property to be used
for extortionate credit. A person who advances money or
property, whether as a gift, loan, investment, or pursuant to
a partnership or profit-sharing agreement or otherwise, to
any person, with the knowledge that it is the intention of that
person to use the money or property so advanced, directly or
indirectly, for the purpose of making extortionate extensions
of credit, is guilty of a class B felony. [2001 c 222 § 5.
Prior: 1985 c 455 § 4; 1984 c 270 § 3.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.040 Use of extortionate means to collect
extensions of credit. A person who knowingly participates
in any way in the use of any extortionate means to collect or
attempt to collect any extensions of credit or to punish any
person for the nonrepayment thereof, is guilty of a class B
felony. [2001 c 222 § 6. Prior: 1985 c 455 § 5; 1984 c
270 § 4.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.045 Collection of unlawful debt. It is unlawful for any person knowingly to collect any unlawful debt.
[Title 9A RCW—page 63]
9A.82.045
Title 9A RCW: Washington Criminal Code
A violation of this section is a class C felony. [2001 c 222
§ 7. Prior: 1985 c 455 § 6.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.050 Trafficking in stolen property. (1) A
person who recklessly traffics in stolen property is guilty of
trafficking in stolen property in the second degree.
(2) A person who knowingly initiates, organizes, plans,
finances, directs, manages, or supervises the theft of property
for sale to others, or who knowingly traffics in stolen
property, is guilty of trafficking in stolen property in the first
degree.
(3) Trafficking in stolen property in the second degree
is a class C felony. Trafficking in stolen property in the first
degree is a class B felony. [2001 c 222 § 8. Prior: 1984
c 270 § 5.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.060 Leading organized crime. (1) A person
commits the offense of leading organized crime by:
(a) Intentionally organizing, managing, directing,
supervising, or financing any three or more persons with the
intent to engage in a pattern of criminal profiteering activity;
or
(b) Intentionally inciting or inducing others to engage in
violence or intimidation with the intent to further or promote
the accomplishment of a pattern of criminal profiteering
activity.
(2) Leading organized crime as defined in subsection
(1)(a) of this section is a class A felony, and as defined in
subsection (1)(b) of this section is a class B felony. [2001
c 222 § 9. Prior: 1985 c 455 § 7; 1984 c 270 § 6.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.070 Influencing outcome of sporting event.
Whoever knowingly gives, promises, or offers to any
professional or amateur baseball, football, hockey, polo,
tennis, horse race, or basketball player or boxer or any
player or referee or other official who participates or expects
to participate in any professional or amateur game or sport,
or to any manager, coach, or trainer of any team or participant or prospective participant in any such game, contest, or
sport, any benefit with intent to influence the person to lose
or try to lose or cause to be lost or to limit the person’s or
person’s team’s margin of victory or defeat, or in the case of
a referee or other official to affect the decisions or the
performance of the official’s duties in any way, in a baseball, football, hockey, or basketball game, boxing, tennis,
horse race, or polo match, or any professional or amateur
sport or game, in which the player or participant or referee
or other official is taking part or expects to take part, or has
any duty or connection therewith, is guilty of a class C
felony. [2001 c 222 § 10. Prior: 1984 c 270 § 7.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.080 Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or
[Title 9A RCW—page 64]
attempt. (1) It is unlawful for a person who has knowingly
received any of the proceeds derived, directly or indirectly,
from a pattern of criminal profiteering activity to use or
invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use
thereof, in the acquisition of any title to, or any right,
interest, or equity in, real property or in the establishment or
operation of any enterprise.
(2) It is unlawful for a person knowingly to acquire or
maintain, directly or indirectly, any interest in or control of
any enterprise or real property through a pattern of criminal
profiteering activity.
(3) It is unlawful for a person knowingly to conspire or
attempt to violate subsection (1) or (2) of this section.
(4) A violation of subsection (1) or (2) of this section is
a class B felony. A violation of subsection (3) of this
section is a class C felony. [2001 c 222 § 11. Prior: 1985
c 455 § 8; 1984 c 270 § 8.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.085 Bars on certain prosecutions. In a
criminal prosecution alleging a violation of RCW 9A.82.060
or 9A.82.080, the state is barred from joining any offense
other than the offenses alleged to be part of the pattern of
criminal profiteering activity. When a defendant has been
tried criminally for a violation of RCW 9A.82.060 or
9A.82.080, the state is barred from subsequently charging
the defendant with an offense that was alleged to be part of
the pattern of criminal profiteering activity for which he or
she was tried. [2001 c 222 § 12. Prior: 1985 c 455 § 9.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.090 Orders restraining criminal profiteering—When issued. During the pendency of any criminal
case charging a violation of RCW 9A.82.060 or a violation
of RCW 9A.82.080, the superior court may, in addition to its
other powers, issue an order pursuant to RCW 9A.82.100 (2)
or (3). Upon conviction of a person for a violation of RCW
9A.82.060 or a violation of RCW 9A.82.080, the superior
court may, in addition to its other powers of disposition,
issue an order pursuant to RCW 9A.82.100. [2001 c 222 §
13. Prior: 1985 c 455 § 10; 1984 c 270 § 9.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.100 Remedies and procedures. (1)(a) A
person who sustains injury to his or her person, business, or
property by an act of criminal profiteering that is part of a
pattern of criminal profiteering activity or by a violation of
RCW 9A.82.060 or 9A.82.080 may file an action in superior
court for the recovery of damages and the costs of the suit,
including reasonable investigative and attorney’s fees.
(b) The attorney general or county prosecuting attorney
may file an action: (i) On behalf of those persons injured
or, respectively, on behalf of the state or county if the entity
has sustained damages, or (ii) to prevent, restrain, or remedy
a pattern of criminal profiteering activity or a violation of
RCW 9A.82.060 or 9A.82.080.
(2002 Ed.)
Criminal Profiteering Act
(c) An action for damages filed by or on behalf of an
injured person, the state, or the county shall be for the
recovery of damages and the costs of the suit, including
reasonable investigative and attorney’s fees.
(d) In an action filed to prevent, restrain, or remedy a
pattern of criminal profiteering activity or a violation of
RCW 9A.82.060 or 9A.82.080, the court, upon proof of the
violation, may impose a civil penalty not exceeding two
hundred fifty thousand dollars, in addition to awarding the
cost of the suit, including reasonable investigative and
attorney’s fees.
(2) The superior court has jurisdiction to prevent,
restrain, and remedy a pattern of criminal profiteering or a
violation of RCW 9A.82.060 or 9A.82.080 after making
provision for the rights of all innocent persons affected by
the violation and after hearing or trial, as appropriate, by
issuing appropriate orders.
(3) Prior to a determination of liability, orders issued
under subsection (2) of this section may include, but are not
limited to, entering restraining orders or prohibitions or
taking such other actions, including the acceptance of
satisfactory performance bonds, in connection with any
property or other interest subject to damages, forfeiture, or
other restraints pursuant to this section as the court deems
proper. The orders may also include attachment, receivership, or injunctive relief in regard to personal or real
property pursuant to Title 7 RCW. In shaping the reach or
scope of receivership, attachment, or injunctive relief, the
superior court shall provide for the protection of bona fide
interests in property, including community property, of
persons who were not involved in the violation of this
chapter, except to the extent that such interests or property
were acquired or used in such a way as to be subject to
forfeiture under RCW 9A.82.100(4)(f).
(4) Following a determination of liability, orders may
include, but are not limited to:
(a) Ordering any person to divest himself or herself of
any interest, direct or indirect, in any enterprise.
(b) Imposing reasonable restrictions on the future
activities or investments of any person, including prohibiting
any person from engaging in the same type of endeavor as
the enterprise engaged in, the activities of which affect the
laws of this state, to the extent the Constitutions of the
United States and this state permit.
(c) Ordering dissolution or reorganization of any
enterprise.
(d) Ordering the payment of actual damages sustained
to those persons injured by a violation of RCW 9A.82.060
or 9A.82.080 or an act of criminal profiteering that is part of
a pattern of criminal profiteering, and in the court’s discretion, increasing the payment to an amount not exceeding
three times the actual damages sustained.
(e) Ordering the payment of all costs and expenses of
the prosecution and investigation of a pattern of criminal
profiteering activity or a violation of RCW 9A.82.060 or
9A.82.080, civil and criminal, incurred by the state or
county, including any costs of defense provided at public
expense, as appropriate to the state general fund or the
antiprofiteering revolving fund of the county.
(f) Ordering forfeiture first as restitution to any person
damaged by an act of criminal profiteering that is part of a
pattern of criminal profiteering then to the state general fund
(2002 Ed.)
9A.82.100
or antiprofiteering revolving fund of the county, as appropriate, to the extent not already ordered to be paid in other
damages, of the following:
(i) Any property or other interest acquired or maintained
in violation of RCW 9A.82.060 or 9A.82.080 to the extent
of the investment of funds, and any appreciation or income
attributable to the investment, from a violation of RCW
9A.82.060 or 9A.82.080.
(ii) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(iii) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity and
all moneys, negotiable instruments, securities, and other
things of value significantly used or intended to be used
significantly to facilitate commission of the offense.
(g) Ordering payment to the state general fund or
antiprofiteering revolving fund of the county, as appropriate,
of an amount equal to the gain a person has acquired or
maintained through an offense included in the definition of
criminal profiteering.
(5) In addition to or in lieu of an action under this
section, the attorney general or county prosecuting attorney
may file an action for forfeiture to the state general fund or
antiprofiteering revolving fund of the county, as appropriate,
to the extent not already ordered paid pursuant to this
section, of the following:
(a) Any interest acquired or maintained by a person in
violation of RCW 9A.82.060 or 9A.82.080 to the extent of
the investment of funds obtained from a violation of RCW
9A.82.060 or 9A.82.080 and any appreciation or income
attributable to the investment.
(b) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(c) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity and
all moneys, negotiable instruments, securities, and other
things of value significantly used or intended to be used
significantly to facilitate the commission of the offense.
(6) A defendant convicted in any criminal proceeding is
precluded in any civil proceeding from denying the essential
allegations of the criminal offense proven in the criminal
trial in which the defendant was convicted. For the purposes
of this subsection, a conviction shall be deemed to have
occurred upon a verdict, finding, or plea of guilty, notwithstanding the fact that appellate review of the conviction and
sentence has been or may be sought. If a subsequent
reversal of the conviction occurs, any judgment that was
based upon that conviction may be reopened upon motion of
the defendant.
(7) The initiation of civil proceedings under this section
shall be commenced within three years after discovery of the
pattern of criminal profiteering activity or after the pattern
should reasonably have been discovered.
(8) The attorney general or county prosecuting attorney
may, in a civil action brought pursuant to this section, file
with the clerk of the superior court a certificate stating that
[Title 9A RCW—page 65]
9A.82.100
Title 9A RCW: Washington Criminal Code
the case is of special public importance. A copy of that
certificate shall be furnished immediately by the clerk to the
presiding chief judge of the superior court in which the
action is pending and, upon receipt of the copy, the judge
shall immediately designate a judge to hear and determine
the action. The judge so designated shall promptly assign
the action for hearing, participate in the hearings and
determination, and cause the action to be expedited.
(9) The standard of proof in actions brought pursuant to
this section is the preponderance of the evidence test.
(10) A person other than the attorney general or county
prosecuting attorney who files an action under this section
shall serve notice and one copy of the pleading on the
attorney general within thirty days after the action is filed
with the superior court. The notice shall identify the action,
the person, and the person’s attorney. Service of the notice
does not limit or otherwise affect the right of the state to
maintain an action under this section or intervene in a
pending action nor does it authorize the person to name the
state or the attorney general as a party to the action.
(11) Except in cases filed by a county prosecuting
attorney, the attorney general may, upon timely application,
intervene in any civil action or proceeding brought under this
section if the attorney general certifies that in the attorney
general’s opinion the action is of special public importance.
Upon intervention, the attorney general may assert any
available claim and is entitled to the same relief as if the
attorney general had instituted a separate action.
(12) In addition to the attorney general’s right to
intervene as a party in any action under this section, the
attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been
asserted or in which a court is interpreting RCW 9A.82.010,
9A.82.080, 9A.82.090, 9A.82.110, or 9A.82.120, or this
section.
(13) A private civil action under this section does not
limit any other civil or criminal action under this chapter or
any other provision. Private civil remedies provided under
this section are supplemental and not mutually exclusive.
(14) Upon motion by the defendant, the court may
authorize the sale or transfer of assets subject to an order or
lien authorized by this chapter for the purpose of paying
actual attorney’s fees and costs of defense. The motion shall
specify the assets for which sale or transfer is sought and
shall be accompanied by the defendant’s sworn statement
that the defendant has no other assets available for such
purposes. No order authorizing such sale or transfer may be
entered unless the court finds that the assets involved are not
subject to possible forfeiture under RCW 9A.82.100(4)(f).
Prior to disposition of the motion, the court shall notify the
state of the assets sought to be sold or transferred and shall
hear argument on the issue of whether the assets are subject
to forfeiture under RCW 9A.82.100(4)(f). Such a motion
may be made from time to time and shall be heard by the
court on an expedited basis.
(15) In an action brought under subsection (1)(a) and
(b)(i) of this section, either party has the right to a jury trial.
[2001 c 222 § 14. Prior: 1989 c 271 § 111; 1985 c 455 §
11; 1984 c 270 § 10.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
[Title 9A RCW—page 66]
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
9A.82.110 State public safety and education account—County antiprofiteering revolving funds. (1) Any
payments or forfeiture to the state general fund ordered
under RCW 9A.82.100 (4) or (5) shall be deposited in the
public safety and education account.
(2) In an action brought by the attorney general on
behalf of the state under RCW 9A.82.100(1)(b)(i) in which
the state prevails, any payments ordered in excess of the
actual damages sustained shall be deposited in the public
safety and education account.
(3) It is the intent of the legislature that the money
deposited in the public safety and education account pursuant
to this chapter be appropriated to promote crime victims’
compensation.
(4)(a) The county legislative authority may establish an
antiprofiteering revolving fund to be administered by the
county prosecuting attorney under the conditions and for the
purposes provided by this subsection. Disbursements from
the fund shall be on authorization of the county prosecuting
attorney. No appropriation is required for disbursements.
(b) Any prosecution and investigation costs, including
attorney’s fees, recovered for the state by the county
prosecuting attorney as a result of enforcement of civil and
criminal statutes pertaining to any offense included in the
definition of criminal profiteering, whether by final judgment, settlement, or otherwise, shall be deposited, as directed
by a court of competent jurisdiction, in the fund established
by this subsection. In an action brought by a prosecuting
attorney on behalf of the county under RCW
9A.82.100(1)(b)(i) in which the county prevails, any payments ordered in excess of the actual damages sustained
shall be deposited in the public safety and education account
in the state general fund.
(c) The county legislative authority may prescribe a
maximum level of moneys in the antiprofiteering revolving
fund. Moneys exceeding the prescribed maximum shall be
transferred to the county current expense fund.
(d) The moneys in the fund shall be used by the county
prosecuting attorney for the investigation and prosecution of
any offense, within the jurisdiction of the county prosecuting
attorney, included in the definition of criminal profiteering,
including civil enforcement.
(e) If a county has not established an antiprofiteering
revolving fund, any payments or forfeitures ordered to the
county under this chapter shall be deposited to the county
current expense fund. [2001 c 222 § 15. Prior: 1985 c 455
§ 12; 1984 c 270 § 11.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.120 Criminal profiteering lien—Authority,
procedures. (1) The state, upon filing a criminal action
under RCW 9A.82.060 or 9A.82.080 or a civil action under
RCW 9A.82.100, may file in accordance with this section a
criminal profiteering lien. A filing fee or other charge is not
required for filing a criminal profiteering lien.
(2) A criminal profiteering lien shall be signed by the
attorney general or the county prosecuting attorney represent(2002 Ed.)
Criminal Profiteering Act
ing the state in the action and shall set forth the following
information:
(a) The name of the defendant whose property or other
interests are to be subject to the lien;
(b) In the discretion of the attorney general or county
prosecuting attorney filing the lien, any aliases or fictitious
names of the defendant named in the lien;
(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal
place of business of the person named in the lien;
(d) A reference to the proceeding pursuant to which the
lien is filed, including the name of the court, the title of the
action, and the court’s file number for the proceeding;
(e) The name and address of the attorney representing
the state in the proceeding pursuant to which the lien is
filed;
(f) A statement that the notice is being filed pursuant to
this section;
(g) The amount that the state claims in the action or,
with respect to property or other interests that the state has
requested forfeiture to the state or county, a description of
the property or interests sought to be paid or forfeited;
(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property that is
subject to forfeiture to the state or property in which the
defendant has an interest that is available to satisfy a
judgment entered in favor of the state; and
(i) Such other information as the attorney general or
county prosecuting attorney filing the lien deems appropriate.
(3) The attorney general or the county prosecuting
attorney filing the lien may amend a lien filed under this
section at any time by filing an amended criminal profiteering lien in accordance with this section that identifies the
prior lien amended.
(4) The attorney general or the county prosecuting
attorney filing the lien shall, as soon as practical after filing
a criminal profiteering lien, furnish to any person named in
the lien a notice of the filing of the lien. Failure to furnish
notice under this subsection does not invalidate or otherwise
affect a criminal profiteering lien filed in accordance with
this section.
(5)(a) A criminal profiteering lien is perfected against
interests in personal property in the same manner as a
security interest in like property pursuant to *RCW
62A.9-302, 62A.9-303, 62A.9-304, 62A.9-305, and
62A.9-306 or as otherwise required to perfect a security
interest in like property under applicable law. In the case of
perfection by filing, the state shall file, in lieu of a financing
statement in the form prescribed by *RCW 62A.9-402, a
notice of lien in substantially the following form:
NOTICE OF LIEN
Pursuant to RCW 9A.82.120, the state of Washington
claims a criminal profiteering lien on all real and personal
property of:
...........
Name:
Address: . . . . . . . . . . .
...........
State of Washington
......................
By (authorized signature)
(2002 Ed.)
9A.82.120
On receipt of such a notice from the state, a filing
officer shall, without payment of filing fee, file and index
the notice as if it were a financing statement naming the
state as secured party and the defendant as debtor.
(b) A criminal profiteering lien is perfected against
interests in real property by filing the lien in the office
where a mortgage on the real estate would be filed or
recorded. The filing officer shall file and index the criminal
profiteering lien, without payment of a filing fee, in the same
manner as a mortgage.
(6) The filing of a criminal profiteering lien in accordance with this section creates a lien in favor of the state in:
(a) Any interest of the defendant, in real property
situated in the county in which the lien is filed, then maintained, or thereafter acquired in the name of the defendant
identified in the lien;
(b) Any interest of the defendant, in personal property
situated in this state, then maintained or thereafter acquired
in the name of the defendant identified in the lien; and
(c) Any property identified in the lien to the extent of
the defendant’s interest therein.
(7) The lien created in favor of the state in accordance
with this section, when filed or otherwise perfected as
provided in subsection (5) of this section, has, with respect
to any of the property described in subsection (6) of this
section, the same priority determined pursuant to the laws of
this state as a mortgage or security interest given for value
(but not a purchase money security interest) and perfected in
the same manner with respect to such property; except that
any lien perfected pursuant to Title 60 RCW by any person
who, in the ordinary course of his business, furnishes labor,
services, or materials, or rents, leases, or otherwise supplies
equipment, without knowledge of the criminal profiteering
lien, is superior to the criminal profiteering lien.
(8) Upon entry of judgment in favor of the state, the
state may proceed to execute thereon as in the case of any
other judgment, except that in order to preserve the state’s
lien priority as provided in this section the state shall, in
addition to such other notice as is required by law, give at
least thirty days’ notice of the execution to any person
possessing at the time the notice is given, an interest
recorded subsequent to the date the state’s lien was perfected.
(9) Upon the entry of a final judgment in favor of the
state providing for forfeiture of property to the state, the title
of the state to the property:
(a) In the case of real property or a beneficial interest in
real property, relates back to the date of filing the criminal
profiteering lien or, if no criminal profiteering lien is filed,
then to the date of recording of the final judgment or the
abstract thereof; or
(b) In the case of personal property or a beneficial
interest in personal property, relates back to the date the
personal property was seized by the state, or the date of
filing of a criminal profiteering lien in accordance with this
section, whichever is earlier, but if the property was not
seized and no criminal profiteering lien was filed then to the
date the final judgment was filed with the department of
licensing and, if the personal property is an aircraft, with the
federal aviation administration.
(10) This section does not limit the right of the state to
obtain any order or injunction, receivership, writ, attachment,
[Title 9A RCW—page 67]
9A.82.120
Title 9A RCW: Washington Criminal Code
garnishment, or other remedy authorized under RCW
9A.82.100 or appropriate to protect the interests of the state
or available under other applicable law.
(11) In a civil or criminal action under this chapter, the
superior court shall provide for the protection of bona fide
interests in property, including community property, subject
to liens of persons who were not involved in the violation of
this chapter, except to the extent that such interests or
property were acquired or used in such a way as to be
subject to forfeiture pursuant to RCW 9A.82.100(4)(f).
[2001 c 222 § 16. Prior: 1985 c 455 § 13; 1984 c 270 §
12.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.130 Criminal profiteering lien—Trustee of
real property. (1) A trustee who is personally served in the
manner provided for service of legal process with written
notice that a lien notice has been recorded or a civil proceeding or criminal proceeding has been instituted under this
chapter against any person for whom the trustee holds legal
or record title to real property, shall immediately furnish to
the attorney general or county prosecuting attorney the
following:
(a) The name and address of the person, as known to
the trustee;
(b) To the extent known to the trustee, the name and
address of all other persons for whose benefit the trustee
holds title to the real property; and
(c) If requested by the attorney general or county
prosecuting attorney, a copy of the trust agreement or other
instrument under which the trustee holds legal or record title
to the real property.
(2) The recording of a lien notice shall not constitute a
lien on the record title to real property owned by a trustee at
the time of recording except to the extent that trustee is
named in and served with the lien notice as provided in
subsection (1) of this section. The attorney general or
county prosecuting attorney may bring a civil proceeding in
superior court against the trustee to recover from the trustee
the amounts set forth in RCW 9A.82.150. In addition to
amounts recovered under RCW 9A.82.150, the attorney
general or county prosecuting attorney also may recover its
investigative costs and attorneys’ fees.
(3) The recording of a lien notice does not affect the use
to which real property or a beneficial interest owned by the
person named in the lien notice may be put or the right of
the person to receive any avails, rents, or other proceeds
resulting from the use and ownership except the sale of the
property, until a judgment of forfeiture is entered.
(4) This section does not apply to any conveyance by a
trustee under a court order unless the court order is entered
in an action between the trustee and the beneficiary.
(5) Notwithstanding that a trustee is served with notice
as provided in subsection (1) of this section, this section
does not apply to a conveyance by a trustee required under
the terms of any trust agreement in effect before service of
such notice on the trustee. [2001 c 222 § 17. Prior: 1985
c 455 § 14; 1984 c 270 § 13.]
[Title 9A RCW—page 68]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.140 Criminal profiteering lien—Procedures
after notice. (1) The term of a lien notice shall be six years
from the date the lien notice is recorded. If a renewal lien
notice is filed by the attorney general or county prosecuting
attorney, the term of the renewal lien notice shall be for six
years from the date the renewal lien notice is recorded. The
attorney general or county prosecuting attorney is entitled to
only one renewal of the lien notice.
(2) The attorney general or county prosecuting attorney
filing the lien notice may release in whole or in part any lien
notice or may release any specific property or beneficial
interest from the lien notice upon such terms and conditions
as the attorney general or county prosecuting attorney
considers appropriate and shall release any lien upon the
dismissal of the action which is the basis of the lien or
satisfaction of the judgment of the court in the action or
other final disposition of the claim evidenced by the lien. A
release of a lien notice executed by the attorney general or
county prosecuting attorney shall be recorded in the official
records in which the lien notice covering that property was
recorded. No charge or fee may be imposed for recording
any release of a lien notice.
(3)(a) A person named in the lien notice may move the
court in which the civil proceeding giving rise to the lien
notice is pending for an order extinguishing the lien notice.
(b) Upon the motion of a person under (a) of this
subsection, the court immediately shall enter an order setting
a date for hearing, which shall be not less than five nor more
than ten days after the motion is filed. The order and a copy
of the motion shall be served on the attorney general or
county prosecuting attorney within three days after the entry
of the court’s order. At the hearing, the court shall take
evidence on the issue of whether any property or beneficial
interest owned by the person is covered by the lien notice or
otherwise subject to forfeiture under RCW 9A.82.120. If the
person shows by a preponderance of the evidence that the
lien notice is not applicable to the person or that any
property or beneficial interest owned by the person is not
subject to forfeiture under RCW 9A.82.120, the court shall
enter a judgment extinguishing the lien notice or releasing
the property or beneficial interest from the lien notice.
(c) The court may enter an order releasing from the lien
notice any specific real property or beneficial interest if, at
the time the lien notice is recorded, there is pending an arms
length sale of the real property or beneficial interest in which
the parties are under no undue compulsion to sell or buy and
are able, willing, and reasonably well informed and the sale
is for the fair market value of the real property or beneficial
interest and the recording of the lien notice prevents the sale
of the property or interest. The proceeds resulting from the
sale of the real property or beneficial interest shall be
deposited with the court, subject to the further order of the
court.
(d) At any time after filing of a lien, the court may
release from the lien any property upon application by the
defendant and posting of security equal to the value of the
property to be released. [2001 c 222 § 18. Prior: 1985 c
455 § 15; 1984 c 270 § 14.]
(2002 Ed.)
Criminal Profiteering Act
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.150 Criminal profiteering lien—Conveyance
of property by trustee, liability. (1) If a trustee conveys
title to real property for which, at the time of the conveyance, the trustee has been personally served with notice as
provided in RCW 9A.82.130(1) of a lien under this chapter,
the trustee shall be liable to the state for the greater of:
(a) The amount of proceeds received by the person
named in the lien notice as a result of the conveyance;
(b) The amount of proceeds received by the trustee as
a result of the conveyance and distributed by the trustee to
the person named in the lien notice; or
(c) The fair market value of the interest of the person
named in the lien notice in the real property so conveyed.
(2) If the trustee conveys the real property for which a
lien notice has been served on the trustee at the time of the
conveyance and holds the proceeds that would otherwise be
paid or distributed to the beneficiary or at the direction of
the beneficiary or beneficiary’s designee, the trustee’s
liability shall not exceed the amount of the proceeds so held
so long as the trustee continues to hold the proceeds. [2001
c 222 § 19. Prior: 1985 c 455 § 16; 1984 c 270 § 15.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.160 Criminal profiteering lien—Trustee’s
failure to comply, evasion of procedures or lien. A
trustee who knowingly fails to comply with RCW
9A.82.130(1) is guilty of a gross misdemeanor. A trustee
who conveys title to real property after service of the notice
as provided in RCW 9A.82.130(1) with the intent to evade
the provisions of RCW 9A.82.100 or 9A.82.120 with respect
to such property is guilty of a class C felony. [2001 c 222
§ 20. Prior: 1985 c 455 § 17; 1984 c 270 § 16.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.170 Financial institution records—Inspection
and copying—Wrongful disclosure. (1) Upon request of
the attorney general or prosecuting attorney, a subpoena for
the production of records of a financial institution may be
signed and issued by a superior court judge if there is reason
to believe that an act of criminal profiteering or a violation
of RCW 9A.82.060 or 9A.82.080 has occurred or is occurring and that the records sought will materially aid in the
investigation of such activity or appears reasonably calculated to lead to the discovery of information that will do so.
The subpoena shall be served on the financial institution as
in civil actions. The court may, upon motion timely made
and in any event before the time specified for compliance
with the subpoena, condition compliance upon advancement
by the attorney general or prosecuting attorney of the
reasonable costs of producing the records specified in the
subpoena.
(2) A response to a subpoena issued under this section
is sufficient if a copy or printout, duly authenticated by an
officer of the financial institution as a true and correct copy
or printout of its records, is provided, unless otherwise
provided in the subpoena for good cause shown.
(2002 Ed.)
9A.82.140
(3) Except as provided in this subsection, a financial
institution served with a subpoena under this section shall
not disclose to the customer the fact that a subpoena seeking
records relating to the customer has been served. A judge
of the superior court may order the attorney general, prosecuting attorney, or financial institution to advise the financial
institution’s customer of the subpoena. Unless ordered to do
so by the court, disclosure of the subpoena by the financial
institution or any of its employees to the customer is a
misdemeanor.
(4) A financial institution shall be reimbursed in an
amount set by the court for reasonable costs incurred in
providing information pursuant to this section.
(5) This section does not preclude the use of other
legally authorized means of obtaining records, nor preclude
the assertion of any legally recognized privileges.
(6) Disclosure by the attorney general, county prosecuting attorney, or any peace officer or other person designated
by the attorney general or the county prosecuting attorney,
of information obtained under this section, except in the
proper discharge of official duties, is punishable as a
misdemeanor.
(7) Upon filing of any civil or criminal action, the
nondisclosure requirements of any subpoena or order under
this section shall terminate, and the attorney general or
prosecuting attorney filing the action shall provide to the
defendant copies of all subpoenas or other orders issued
under this section.
(8) A financial institution shall not be civilly liable for
harm resulting from its compliance with the provisions of
this chapter. [2001 c 222 § 21. Prior: 1985 c 455 § 18;
1984 c 270 § 17.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.900 Severability—1984 c 270. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2001 c 222 § 22. Prior: 1984 c 270 § 20.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.901 Effective date—1984 c 270 as amended
by 1985 c 455. Sections 12, 13, 14, 15, and 16, chapter
270, Laws of 1984 as amended by sections 13, 14, 15, 16,
and 17 of this 1985 act shall take effect on July 1, 1986, and
the remainder of chapter 270, Laws of 1984 shall take effect
on July 1, 1985. [2001 c 222 § 23. Prior: 1985 c 455 §
20; 1984 c 270 § 21.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.902 Effective date—1985 c 455. With the
exception of sections 13, 14, 15, 16, and 17 of this act, this
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1985. [1985 c 455 § 21.]
[Title 9A RCW—page 69]
9A.82.904
Title 9A RCW: Washington Criminal Code
9A.82.904 Severability—1985 c 455. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 455 § 23.]
Chapter 9A.83
MONEY LAUNDERING
Sections
9A.83.010
9A.83.020
9A.83.030
9A.83.040
Definitions.
Money laundering.
Seizure and forfeiture.
Release from liability.
9A.83.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
(1) "Conducts a financial transaction" includes initiating,
concluding, or participating in a financial transaction.
(2) "Financial institution" means a bank, savings bank,
credit union, or savings and loan institution.
(3) "Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, transmission, delivery, trade, deposit,
withdrawal, payment, transfer between accounts, exchange
of currency, extension of credit, or any other acquisition or
disposition of property, by whatever means effected.
(4) "Knows the property is proceeds of specified
unlawful activity" means believing based upon the representation of a law enforcement officer or his or her agent, or
knowing that the property is proceeds from some form,
though not necessarily which form, of specified unlawful
activity.
(5) "Proceeds" means any interest in property directly or
indirectly acquired through or derived from an act or
omission, and any fruits of this interest, in whatever form.
(6) "Property" means anything of value, whether real or
personal, tangible or intangible.
(7) "Specified unlawful activity" means an offense
committed in this state that is a class A or B felony under
Washington law or that is listed as "criminal profiteering" in
RCW 9A.82.010, or an offense committed in any other state
that is punishable under the laws of that state by more than
one year in prison, or an offense that is punishable under
federal law by more than one year in prison. [1999 c 143 §
41; 1992 c 210 § 1.]
9A.83.020 Money laundering. (1) A person is guilty
of money laundering when that person conducts or attempts
to conduct a financial transaction involving the proceeds of
specified unlawful activity and:
(a) Knows the property is proceeds of specified unlawful activity; or
(b) Knows that the transaction is designed in whole or
in part to conceal or disguise the nature, location, source,
ownership, or control of the proceeds, and acts recklessly as
to whether the property is proceeds of specified unlawful
activity; or
(c) Knows that the transaction is designed in whole or
in part to avoid a transaction reporting requirement under
federal law.
[Title 9A RCW—page 70]
(2) In consideration of the constitutional right to counsel
afforded by the Fifth and Sixth amendments to the United
States Constitution and Article 1, Section 22 of the Constitution of Washington, an additional proof requirement is
imposed when a case involves a licensed attorney who
accepts a fee for representing a client in an actual criminal
investigation or proceeding. In these situations, the prosecution is required to prove that the attorney accepted proceeds
of specified unlawful activity with intent:
(a) To conceal or disguise the nature, location, source,
ownership, or control of the proceeds, knowing the property
is proceeds of specified unlawful activity; or
(b) To avoid a transaction reporting requirement under
federal law.
The proof required by this subsection is in addition to
the requirements contained in subsection (1) of this section.
(3) An additional proof requirement is imposed when a
case involves a financial institution and one or more of its
employees. In these situations, the prosecution is required
to prove that proceeds of specified unlawful activity were
accepted with intent:
(a) To conceal or disguised [disguise] the nature,
location, source, ownership, or control of the proceeds,
knowing the property is proceeds of specified unlawful
activity; or
(b) To avoid a transaction reporting requirement under
federal law.
The proof required by this subsection is in addition to
the requirements contained in subsection (1) of this section.
(4) Money laundering is a class B felony.
(5) A person who violates this section is also liable for
a civil penalty of twice the value of the proceeds involved in
the financial transaction and for the costs of the suit,
including reasonable investigative and attorneys’ fees.
(6) Proceedings under this chapter shall be in addition
to any other criminal penalties, civil penalties, or forfeitures
authorized under state law. [1992 c 210 § 2.]
9A.83.030 Seizure and forfeiture. (1) Proceeds
traceable to or derived from specified unlawful activity or a
violation of RCW 9A.83.020 are subject to seizure and
forfeiture. The attorney general or county prosecuting
attorney may file a civil action for the forfeiture of proceeds.
Unless otherwise provided for under this section, no property
rights exist in these proceeds. All right, title, and interest in
the proceeds shall vest in the governmental entity of which
the seizing law enforcement agency is a part upon commission of the act or omission giving rise to forfeiture under this
section.
(2) Real or personal property subject to forfeiture under
this chapter may be seized by any law enforcement officer
of this state upon process issued by a superior court that has
jurisdiction over the property. Any agency seizing real
property shall file a lis pendens concerning the property.
Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure
or until a judgment of forfeiture is entered, whichever is
later. Real property seized under this section may be
transferred or conveyed to any person or entity who acquires
title by foreclosure or deed in lieu of foreclosure of a
(2002 Ed.)
Money Laundering
security interest. Seizure of personal property without
process may be made if:
(a) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative
inspection warrant issued pursuant to RCW 69.50.502; or
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding based upon this chapter.
(3) A seizure under subsection (2) of this section
commences proceedings for forfeiture. The law enforcement
agency under whose authority the seizure was made shall
cause notice of the seizure and intended forfeiture of the
seized proceeds to be served within fifteen days after the
seizure on the owner of the property seized and the person
in charge thereof and any person who has a known right or
interest therein, including a community property interest.
Service of notice of seizure of real property shall be made
according to the rules of civil procedure. However, the state
may not obtain a default judgment with respect to real
property against a party who is served by substituted service
absent an affidavit stating that a good faith effort has been
made to ascertain if the defaulted party is incarcerated within
the state, and that there is no present basis to believe that the
party is incarcerated within the state. The notice of seizure
in other cases may be served by any method authorized by
law or court rule including but not limited to service by
certified mail with return receipt requested. Service by mail
is complete upon mailing within the fifteen-day period after
the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the property within forty-five days of the
seizure in the case of personal property and ninety days in
the case of real property, the property seized shall be
deemed forfeited. The community property interest in real
property of a person whose spouse committed a violation
giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(5) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of property within forty-five days of the
seizure in the case of personal property and ninety days in
the case of real property, the person or persons shall be
afforded a reasonable opportunity to be heard as to the claim
or right. The provisions of RCW 69.50.505(e) shall apply
to any such hearing. The seizing law enforcement agency
shall promptly return property to the claimant upon the
direction of the administrative law judge or court.
(6) Disposition of forfeited property shall be made in
the manner provided for in RCW 69.50.505 (h) through (j)
and (n). [2001 c 168 § 2; 1992 c 210 § 3.]
Severability—2001 c 168: See note following RCW 69.50.505.
9A.83.040 Release from liability. No liability is
imposed by this chapter upon any authorized state, county,
or municipal officer engaged in the lawful performance of
his duties, or upon any person who reasonably believes that
he is acting at the direction of such officer and that the
officer is acting in the lawful performance of his duties.
[1992 c 210 § 4.]
(2002 Ed.)
9A.83.030
Chapter 9A.84
PUBLIC DISTURBANCE
Sections
9A.84.010
9A.84.020
9A.84.030
9A.84.040
Riot.
Failure to disperse.
Disorderly conduct.
False reporting.
9A.84.010 Riot. (1) A person is guilty of the crime
of riot if, acting with three or more other persons, he
knowingly and unlawfully uses or threatens to use force, or
in any way participates in the use of such force, against any
other person or against property.
(2) The crime of riot is:
(a) A class C felony, if the actor is armed with a deadly
weapon;
(b) A gross misdemeanor in all other cases. [1975 1st
ex.s. c 260 § 9A.84.010.]
9A.84.020 Failure to disperse. (1) A person is guilty
of failure to disperse if:
(a) He congregates with a group of three or more other
persons and there are acts of conduct within that group
which create a substantial risk of causing injury to any
person, or substantial harm to property; and
(b) He refuses or fails to disperse when ordered to do so
by a peace officer or other public servant engaged in
enforcing or executing the law.
(2) Failure to disperse is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.020.]
9A.84.030 Disorderly conduct. (1) A person is guilty
of disorderly conduct if he:
(a) Uses abusive language and thereby intentionally
creates a risk of assault; or
(b) Intentionally disrupts any lawful assembly or
meeting of persons without lawful authority; or
(c) Intentionally obstructs vehicular or pedestrian traffic
without lawful authority.
(2) Disorderly conduct is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.030.]
9A.84.040 False reporting. (1) A person is guilty of
false reporting if with knowledge that the information
reported, conveyed or circulated is false, he initiates or
circulates a false report or warning of an alleged occurrence
or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to
cause evacuation of a building, place of assembly, or
transportation facility, or to cause public inconvenience or
alarm.
(2) False reporting is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.040.]
[Title 9A RCW—page 71]
Chapter 9A.88
Title 9A RCW: Washington Criminal Code
Chapter 9A.88
INDECENT EXPOSURE—PROSTITUTION
(Formerly: Public indecency—Prostitution)
Sections
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution—Sex of parties immaterial—No defense.
9A.88.060 Promoting prostitution—Definitions.
9A.88.070 Promoting prostitution in the first degree.
9A.88.080 Promoting prostitution in the second degree.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehicle impoundment.
Obscenity: Chapter 9.68 RCW.
9A.88.010 Indecent exposure. (1) A person is guilty
of indecent exposure if he or she intentionally makes any
open and obscene exposure of his or her person or the
person of another knowing that such conduct is likely to
cause reasonable affront or alarm. The act of breastfeeding
or expressing breast milk is not indecent exposure.
(2) Indecent exposure is a misdemeanor unless such
person exposes himself or herself to a person under the age
of fourteen years in which case indecent exposure is a gross
misdemeanor on the first offense and, if such person has
previously been convicted under this subsection or of a sex
offense as defined in RCW 9.94A.030, then such person is
guilty of a class C felony punishable under chapter 9A.20
RCW. [2001 c 88 § 2; 1990 c 3 § 904; 1987 c 277 § 1;
1975 1st ex.s. c 260 § 9A.88.010.]
Acknowledgment—Declaration—Findings—2001 c 88: See note
following RCW 43.70.640.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
9A.88.030 Prostitution. (1) A person is guilty of
prostitution if such person engages or agrees or offers to
engage in sexual conduct with another person in return for
a fee.
(2) For purposes of this section, "sexual conduct" means
"sexual intercourse" or "sexual contact," both as defined in
chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor. [1988 c 145 § 16;
1979 ex.s. c 244 § 15; 1975 1st ex.s. c 260 § 9A.88.030.]
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
9A.88.050 Prostitution—Sex of parties immaterial—
No defense. In any prosecution for prostitution, the sex of
the two parties or prospective parties to the sexual conduct
engaged in, contemplated, or solicited is immaterial, and it
is no defense that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or
solicited a fee was a male and the person who paid or agreed
or offered to pay such fee was female. [1975 1st ex.s. c 260
§ 9A.88.050.]
[Title 9A RCW—page 72]
9A.88.060 Promoting prostitution—Definitions. The
following definitions are applicable in RCW 9A.88.070
through 9A.88.090:
(1) "Advances prostitution." A person "advances
prostitution" if, acting other than as a prostitute or as a
customer thereof, he causes or aids a person to commit or
engage in prostitution, procures or solicits customers for
prostitution, provides persons or premises for prostitution
purposes, operates or assists in the operation of a house of
prostitution or a prostitution enterprise, or engages in any
other conduct designed to institute, aid, or facilitate an act or
enterprise of prostitution.
(2) "Profits from prostitution." A person "profits from
prostitution" if, acting other than as a prostitute receiving
compensation for personally rendered prostitution services,
he accepts or receives money or other property pursuant to
an agreement or understanding with any person whereby he
participates or is to participate in the proceeds of prostitution
activity. [1975 1st ex.s. c 260 § 9A.88.060.]
9A.88.070 Promoting prostitution in the first
degree. (1) A person is guilty of promoting prostitution in
the first degree if he knowingly:
(a) Advances prostitution by compelling a person by
threat or force to engage in prostitution or profits from
prostitution which results from such threat or force; or
(b) Advances or profits from prostitution of a person
less than eighteen years old.
(2) Promoting prostitution in the first degree is a class
B felony. [1975 1st ex.s. c 260 § 9A.88.070.]
9A.88.080 Promoting prostitution in the second
degree. (1) A person is guilty of promoting prostitution in
the second degree if he knowingly:
(a) Profits from prostitution; or
(b) Advances prostitution.
(2) Promoting prostitution in the second degree is a
class C felony. [1975 1st ex.s. c 260 § 9A.88.080.]
9A.88.090 Permitting prostitution. (1) A person is
guilty of permitting prostitution if, having possession or
control of premises which he knows are being used for
prostitution purposes, he fails without lawful excuse to make
reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.88.090.]
9A.88.110 Patronizing a prostitute. (1) A person is
guilty of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he or she pays a
fee to another person as compensation for such person or a
third person having engaged in sexual conduct with him or
her; or
(b) He or she pays or agrees to pay a fee to another
person pursuant to an understanding that in return therefor
such person will engage in sexual conduct with him or her;
or
(c) He or she solicits or requests another person to
engage in sexual conduct with him or her in return for a fee.
(2) For purposes of this section, "sexual conduct" has
the meaning given in RCW 9A.88.030.
(2002 Ed.)
Indecent Exposure—Prostitution
(3) Patronizing a prostitute is a misdemeanor. [1988 c
146 § 4.]
Severability—Effective dates—1988 c 146: See notes following
RCW 9A.44.050.
9A.88.120 Additional fee assessments. (1)(a) In
addition to penalties set forth in RCW 9A.88.010,
9A.88.030, and 9A.88.090, a person who is either convicted
or given a deferred sentence or a deferred prosecution as a
result of an arrest for violating RCW 9A.88.010, 9A.88.030,
9A.88.090, or comparable county or municipal ordinances
shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110,
a person who is either convicted or given a deferred sentence
or a deferred prosecution as a result of an arrest for violating
RCW 9A.88.110 or a comparable county or municipal
ordinance shall be assessed a one hundred fifty dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070
and 9A.88.080, a person who is either convicted or given a
deferred sentence or a deferred prosecution as a result of an
arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal ordinances shall be assessed a
three hundred dollar fee.
(2) The court may not suspend payment of all or part of
the fee unless it finds that the person does not have the
ability to pay.
(3) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation under this chapter or comparable
county or municipal ordinances, the court shall assess the fee
as specified under subsection (1) of this section. The court
may not suspend payment of all or part of the fee unless it
finds that the minor does not have the ability to pay the fee.
(4) Any fee assessed under this section shall be collected by the clerk of the court and distributed each month to
the state treasurer for deposit in the prostitution prevention
and intervention account under RCW 43.63A.740 for the
purpose of funding prostitution prevention and intervention
activities. [1995 c 353 § 13.]
9A.88.110
legislature to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by patrons cruising in motor vehicles in
areas of high prostitution activity." [1999 c 327 § 1.]
9A.88.140 Vehicle impoundment. (1) Upon an arrest
for a suspected violation of patronizing a prostitute or
patronizing a juvenile prostitute, the arresting law enforcement officer may impound the person’s vehicle if (a) the
motor vehicle was used in the commission of the crime; (b)
the person arrested is the owner of the vehicle; and (c) the
person arrested has previously been convicted of patronizing
a prostitute, under RCW 9A.88.110, or patronizing a juvenile
prostitute, under RCW 9.68A.100.
(2) Impoundments performed under this section shall be
in accordance with chapter 46.55 RCW. [1999 c 327 § 3.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Chapter 9A.98
LAWS REPEALED
Sections
9A.98.010
9A.98.020
Acts or parts of acts repealed.
Savings clause.
9A.98.010 Acts or parts of acts repealed. See 1975
1st ex.s. c 260 § 9A.92.010.
9A.98.020 Savings clause. The laws repealed by
RCW 9A.98.010 are repealed except with respect to rights
and duties which matured, penalties which were incurred,
and proceedings which were begun before July 1, 1976.
[1975 1st ex.s. c 260 § 9A.92.020.]
9A.88.130 Additional requirements. (1) When
sentencing or imposing conditions on a person convicted of,
or receiving a deferred sentence or deferred prosecution for,
violating RCW 9A.88.110 or 9.68A.100, the court must
impose a requirement that the offender:
(a) Not be subsequently arrested for patronizing a
prostitute or patronizing a juvenile prostitute; and
(b) Remain outside the geographical area, prescribed by
the court, in which the person was arrested for violating
RCW 9A.88.110 or 9.68A.100, unless such a requirement
would interfere with the person’s legitimate employment or
residence or otherwise be infeasible.
(2) This requirement is in addition to the penalties set
forth in RCW 9A.88.110, 9A.88.120, and 9.68A.100. [1999
c 327 § 2.]
Findings—Intent—1999 c 327: "The legislature finds that most law
enforcement effort to prevent prostitution is directed at punishing prostitutes.
The legislature also finds that many patrons of prostitutes use motor
vehicles in order to obtain the services of prostitutes and that successful
prevention of prostitution involves efforts to curtail the demand for services
offered by prostitutes. It is the intent of the legislature to decrease the
demand for prostitution services and thereby eliminate the economic
foundation for the prostitution industry. It is also the intent of the
(2002 Ed.)
[Title 9A RCW—page 73]
Title 10
CRIMINAL PROCEDURE
Chapters
10.01
General provisions.
10.04
District court procedure—Generally.
10.05
Deferred prosecution—Courts of limited
jurisdiction.
10.10
Criminal appeals from district courts.
10.14
Harassment.
10.16
Preliminary hearings.
10.19
Bail and appearance bonds.
10.22
Compromise of misdemeanors.
10.25
Jurisdiction and venue.
10.27
Grand juries—Criminal investigations.
10.29
Statewide Special Inquiry Judge Act.
10.31
Warrants and arrests.
10.34
Fugitives of this state.
10.37
Accusations and their requisites.
10.40
Arraignment.
10.43
Former acquittal or conviction.
10.46
Superior court trial.
10.52
Witnesses—Generally.
10.55
Witnesses outside the state (Uniform Act).
10.58
Evidence.
10.61
Verdicts.
10.64
Judgments and sentences.
10.66
Drug traffickers—Off-limits orders.
10.70
Commitments.
10.73
Criminal appeals.
10.77
Criminally insane—Procedures.
10.79
Searches and seizures.
10.82
Collection and disposition of fines and costs.
10.85
Rewards.
10.88
Uniform Criminal Extradition Act.
10.89
Uniform Act on Fresh Pursuit.
10.91
Uniform Rendition of Accused Persons Act.
10.93
Washington mutual aid peace officers powers
act.
10.95
Capital punishment—Aggravated first degree
murder.
10.97
Washington State Criminal Records Privacy
Act.
10.98
Criminal justice information act.
10.99
Domestic violence—Official response.
10.101
Indigent defense services.
10.105
Property involved in a felony.
Criminal justice training commission—Education and training boards:
Chapter 43.101 RCW.
Criminal rules for superior court: Rules of court: Superior Court
Criminal Rules (CrR).
Justice without unnecessary delay: State Constitution Art. 1 § 10.
Mental illness—Financial responsibility: Chapter 71.02 RCW.
Oaths and mode of administering: State Constitution Art. 1 § 6.
Traffic violations: Chapters 46.63, 46.64 RCW.
Victims of crimes, compensation: Chapter 7.68 RCW.
(2002 Ed.)
Chapter 10.01
GENERAL PROVISIONS
Sections
10.01.030
10.01.040
10.01.050
10.01.060
10.01.070
10.01.090
10.01.100
Pleadings—Forms abolished.
Statutes—Repeal or amendment—Saving clause presumed.
Convictions—Necessary before punishment.
Conviction—Requisites—Waiver of jury trial.
Corporations—Amenable to criminal process—How.
Corporations—Judgment against.
Corporations—Penalties—Fines in lieu of other punishments.
10.01.113 Indigent party—State payment of review costs.
10.01.120 Pardons—Reprieves—Commutations.
10.01.130 Witnesses’ fees.
10.01.140 Mileage allowance—Jurors—Witnesses.
10.01.150 Charges arising from official acts of state officers or employees—Defense by attorney general.
10.01.160 Costs—What constitutes—Payment by defendant—
Procedure—Remission.
10.01.170 Fine or costs—Payment within specified time or installments.
10.01.180 Fine or costs—Default in payment—Contempt of court—
Enforcement, collection procedures.
10.01.190 Prosecutorial powers of attorney general.
10.01.200 Registration of sex offenders and kidnapping offenders—
Notice to defendants.
10.01.210 Offender notification and warning.
Alcoholics—Private establishment: Chapter 71.12 RCW.
Double jeopardy: State Constitution Art. 1 § 9.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
Habeas corpus: State Constitution Art. 1 § 13.
Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.
Limitation of actions: RCW 9A.04.080.
Mental illness: Chapter 71.05 RCW.
Psychopathic delinquents, procedures, hospitalization, etc.: Chapter 71.06
RCW.
Public defender: Chapter 36.26 RCW.
Right to
bail: State Constitution Art. 1 § 20.
trial by jury: State Constitution Art. 1 § 21.
Rights of accused persons: State Constitution Art. 1 § 22.
Sexual psychopaths, procedures as to: Chapter 71.06 RCW.
10.01.030 Pleadings—Forms abolished. All the
forms of pleading in criminal actions heretofore existing, are
abolished; and hereafter, the forms of pleading, and the rules
by which the sufficiency of pleadings is to be determined,
are those prescribed herein. [Code 1881 § 1002; 1873 p 224
§ 185; 1869 p 240 § 180; RRS § 2022.]
10.01.040 Statutes—Repeal or amendment—Saving
clause presumed. No offense committed and no penalty or
forfeiture incurred previous to the time when any statutory
provision shall be repealed, whether such repeal be express
or implied, shall be affected by such repeal, unless a
contrary intention is expressly declared in the repealing act,
[Title 10 RCW—page 1]
10.01.040
Title 10 RCW: Criminal Procedure
and no prosecution for any offense, or for the recovery of
any penalty or forfeiture, pending at the time any statutory
provision shall be repealed, whether such repeal be express
or implied, shall be affected by such repeal, but the same
shall proceed in all respects, as if such provision had not
been repealed, unless a contrary intention is expressly
declared in the repealing act. Whenever any criminal or
penal statute shall be amended or repealed, all offenses
committed or penalties or forfeitures incurred while it was in
force shall be punished or enforced as if it were in force,
notwithstanding such amendment or repeal, unless a contrary
intention is expressly declared in the amendatory or repealing act, and every such amendatory or repealing statute shall
be so construed as to save all criminal and penal proceedings, and proceedings to recover forfeitures, pending at the
time of its enactment, unless a contrary intention is expressly
declared therein. [1901 ex.s. c 6 § 1; RRS § 2006.]
10.01.050 Convictions—Necessary before punishment. No person charged with any offense against the law
shall be punished for such offense, unless he shall have been
duly and legally convicted thereof in a court having competent jurisdiction of the case and of the person. [Code 1881
§ 770; 1854 p 76 § 6; RRS § 2118.]
10.01.060 Conviction—Requisites—Waiver of jury
trial. No person informed against or indicted for a crime
shall be convicted thereof, unless by admitting the truth of
the charge in his plea, by confession in open court, or by the
verdict of a jury, accepted and recorded by the court:
PROVIDED HOWEVER, That except in capital cases,
where the person informed against or indicted for a crime is
represented by counsel, such person may, with the assent of
the court, waive trial by jury and submit to trial by the court.
[1951 c 52 § 1; 1909 c 249 § 57; 1891 c 28 § 91; Code
1881 § 767; 1873 p 180 § 3; 1869 p 198 § 3; 1859 p 105 §
3; 1854 p 76 § 3; RRS § 2309.]
Self-incriminating testimony: State Constitution Art. 1 § 9.
10.01.070 Corporations—Amenable to criminal
process—How. Whenever an indictment or information
shall be filed in any superior court against a corporation
charging it with the commission of a crime, a summons shall
be issued by the clerk of such court, signed by one of the
judges thereof, commanding the sheriff forthwith to notify
the accused thereof, and commanding it to appear before
such court at such time as shall be specified in said summons. Such summons and a copy of the indictment or
information shall be at once delivered by such clerk to said
sheriff and by the sheriff forthwith served and returned in
the manner provided for service of summons upon such
corporation in a civil action. Whenever a complaint against
a corporation, charging it with the commission of a crime,
shall be made before any district or municipal judge, a like
summons, signed by such judge, shall be issued, which,
together with a copy of said complaint, shall be delivered to
the sheriff at once and by the sheriff forthwith served as
herein provided. [1987 c 202 § 147; 1911 c 29 § 1; RRS §
2011-1.]
Intent—1987 c 202: See note following RCW 2.04.190.
[Title 10 RCW—page 2]
10.01.090 Corporations—Judgment against. If the
corporation shall be found guilty and a fine imposed, it shall
be entered and docketed by the clerk, or district or municipal
court as a judgment against the corporation, and it shall be
of the same force and effect and be enforced against such
corporation in the same manner as a judgment in a civil
action. [1987 c 202 § 148; 1911 c 29 § 3; RRS § 2011-3.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.01.100 Corporations—Penalties—Fines in lieu of
other punishments. Every corporation guilty of a violation
of any law of the state of Washington, where the prescribed
penalty is, for any reason, incapable of execution or enforcement against such corporation, shall be punished by a fine of
not more than ten thousand dollars, if such offense is a
felony; or, by a fine of not more than one thousand dollars
if such offense is a gross misdemeanor; or, by a fine of not
more than five hundred dollars if such offense is a misdemeanor. [1925 ex.s. c 101 § 1; RRS § 2011-4.]
10.01.113 Indigent party—State payment of review
costs. See RCW 4.88.330.
10.01.120 Pardons—Reprieves—Commutations.
Whenever a prisoner has been sentenced to death, the
governor shall have power to commute such sentence to
imprisonment for life at hard labor; and in all cases in which
the governor is authorized to grant pardons or commute
sentence of death, he may, upon the petition of the person
convicted, commute a sentence or grant a pardon, upon such
conditions, and with such restrictions, and under such
limitations as he may think proper; and he may issue his
warrant to all proper officers to carry into effect such pardon
or commutation, which warrant shall be obeyed and executed, instead of the sentence, if any, which was originally
given. The governor may also, on good cause shown, grant
respites or reprieves from time to time as he may think
proper. [Code 1881 § 1136; 1854 p 128 § 174; RRS §
2223.]
Governor’s powers: State Constitution Art. 3 §§ 9, 11.
Record of pardons, etc., governor to keep: RCW 43.06.020.
10.01.130 Witnesses’ fees. No fees shall be allowed
to witnesses in criminal causes unless they shall have
reported their attendance at the close of each day’s session
to the clerk in attendance thereon. [1895 c 10 § 1; RRS §
498, part. FORMER PART OF SECTION: 1895 c 10 § 2;
RRS § 498, part, now codified as RCW 10.01.140.]
Rules of court: Cf. CrR 6.12.
Witness fees: Chapters 2.40, 12.16 RCW.
10.01.140 Mileage allowance—Jurors—Witnesses.
No allowance of mileage shall be made to a juror or witness
who has not verified his claim of mileage under oath before
the clerk of the court on which he is in attendance. [1895
c 10 § 2; RRS § 498, part. Formerly RCW 10.01.130, part.]
10.01.150 Charges arising from official acts of state
officers or employees—Defense by attorney general.
Whenever a state officer or employee is charged with a
(2002 Ed.)
General Provisions
criminal offense arising out of the performance of an official
act which was fully in conformity with established written
rules, policies, and guidelines of the state or state agency,
the employing agency may request the attorney general to
defend the officer or employee. If the agency finds, and the
attorney general concurs, that the officer’s or employee’s
conduct was fully in accordance with established written
rules, policies, and guidelines of the state or a state agency
and the act performed was within the scope of employment,
then the request shall be granted and the costs of defense
shall be paid by the requesting agency: PROVIDED,
HOWEVER, If the agency head is the person charged, then
approval must be obtained from both the attorney general
and the state auditor. If the court finds that the officer or
employee was performing an official act, or was within the
scope of employment, and that his actions were in conformity with the established rules, regulations, policies, and
guidelines of the state and the state agency, the cost of any
monetary fine assessed shall be paid from the liability
account. [1999 c 163 § 6; 1975 1st ex.s. c 144 § 1.]
Effective date—1999 c 163: See note following RCW 4.92.130.
10.01.160 Costs—What constitutes—Payment by
defendant—Procedure—Remission. (1) The court may
require a defendant to pay costs. Costs may be imposed
only upon a convicted defendant, except for costs imposed
upon a defendant’s entry into a deferred prosecution program
or costs imposed upon a defendant for preparing and serving
a warrant for failure to appear.
(2) Costs shall be limited to expenses specially incurred
by the state in prosecuting the defendant or in administering
the deferred prosecution program under chapter 10.05 RCW.
They cannot include expenses inherent in providing a
constitutionally guaranteed jury trial or expenditures in
connection with the maintenance and operation of government agencies that must be made by the public irrespective
of specific violations of law. Expenses incurred for serving
of warrants for failure to appear and jury fees under RCW
10.46.190 may be included in costs the court may require a
defendant to pay. Costs for administering a deferred prosecution may not exceed one hundred fifty dollars. Costs for
preparing and serving a warrant for failure to appear may not
exceed one hundred dollars. Costs of incarceration imposed
on a defendant convicted of a misdemeanor or a gross
misdemeanor may not exceed fifty dollars per day of
incarceration. Payment of other court-ordered financial
obligations, including all legal financial obligations and costs
of supervision take precedence over the payment of the cost
of incarceration ordered by the court. All funds received
from defendants for the cost of incarceration in the county
or city jail must be remitted for criminal justice purposes to
the county or city that is responsible for the defendant’s jail
costs. Costs imposed constitute a judgment against a
defendant and survive a dismissal of the underlying action
against the defendant. However, if the defendant is acquitted
on the underlying action, the costs for preparing and serving
a warrant for failure to appear do not survive the acquittal,
and the judgment that such costs would otherwise constitute
shall be vacated.
(3) The court shall not sentence a defendant to pay costs
unless the defendant is or will be able to pay them. In
(2002 Ed.)
10.01.150
determining the amount and method of payment of costs, the
court shall take account of the financial resources of the
defendant and the nature of the burden that payment of costs
will impose.
(4) A defendant who has been sentenced to pay costs
and who is not in contumacious default in the payment
thereof may at any time petition the sentencing court for
remission of the payment of costs or of any unpaid portion
thereof. If it appears to the satisfaction of the court that
payment of the amount due will impose manifest hardship on
the defendant or the defendant’s immediate family, the court
may remit all or part of the amount due in costs, or modify
the method of payment under RCW 10.01.170. [1995 c 221
§ 1; 1994 c 192 § 1; 1991 c 247 § 4; 1987 c 363 § 1; 1985
c 389 § 1; 1975-’76 2nd ex.s. c 96 § 1.]
Commitment for failure to pay fine and costs: RCW 10.70.010, 10.82.030.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection and disposition: Chapter 10.82 RCW.
10.01.170 Fine or costs—Payment within specified
time or installments. When a defendant is sentenced to pay
a fine or costs, the court may grant permission for payment
to be made within a specified period of time or in specified
installments. If no such permission is included in the
sentence the fine or costs shall be payable forthwith. [1975’76 2nd ex.s. c 96 § 2.]
Payment of fine and costs in installments: RCW 9.92.070.
10.01.180 Fine or costs—Default in payment—
Contempt of court—Enforcement, collection procedures.
(1) A defendant sentenced to pay a fine or costs who
defaults in the payment thereof or of any installment is in
contempt of court as provided in chapter 7.21 RCW. The
court may issue a warrant of arrest for his appearance.
(2) When a fine or assessment of costs is imposed on a
corporation or unincorporated association, it is the duty of
the person authorized to make disbursement from the assets
of the corporation or association to pay the fine or costs
from those assets, and his failure to do so may be held to be
contempt.
(3) If a term of imprisonment for contempt for nonpayment of a fine or costs is ordered, the term of imprisonment
shall be set forth in the commitment order, and shall not
exceed one day for each twenty-five dollars of the fine or
costs, thirty days if the fine or assessment of costs was
imposed upon conviction of a violation or misdemeanor, or
one year in any other case, whichever is the shorter period.
A person committed for nonpayment of a fine or costs shall
be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
(4) If it appears to the satisfaction of the court that the
default in the payment of a fine or costs is not contempt, the
court may enter an order allowing the defendant additional
time for payment, reducing the amount thereof or of each
installment or revoking the fine or costs or the unpaid
portion thereof in whole or in part.
(5) A default in the payment of a fine or costs or any
installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy
of execution for the collection of a fine or costs shall not
discharge a defendant committed to imprisonment for
[Title 10 RCW—page 3]
10.01.180
Title 10 RCW: Criminal Procedure
contempt until the amount of the fine or costs has actually
been collected. [1989 c 373 § 13; 1975-’76 2nd ex.s. c 96
§ 3.]
Severability—1989 c 373: See RCW 7.21.900.
Fine and costs—Collection procedure, commitment for failure to pay,
execution against defendant’s property: Chapter 10.82 RCW.
10.01.190 Prosecutorial powers of attorney general.
In any criminal proceeding instituted or conducted by the
attorney general, the attorney general and assistants are
deemed to be prosecuting attorneys and have all prosecutorial powers vested in prosecuting attorneys of the state of
Washington by statute or court rule. [1981 c 335 § 4.]
Purpose—1981 c 335: See RCW 43.10.230.
10.01.200 Registration of sex offenders and kidnapping offenders—Notice to defendants. The court shall
provide written notification to any defendant charged with a
sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be
included on any guilty plea forms and judgment and sentence forms provided to the defendant. [1997 c 113 § 5;
1990 c 3 § 404.]
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Sex offense and kidnapping offense defined: RCW 9A.44.130.
10.01.210 Offender notification and warning.
(Effective until July 1, 2004.) Any and all law enforcement
agencies and personnel, criminal justice attorneys, sentencing
judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders
either written or oral notice, or both, of the sanctions
imposed and criminal justice changes regarding armed
offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special
verdict under *RCW 9.94A.602;
(2) Any and all deadly weapon enhancements under
*RCW 9.94A.510 (3) or (4), or both, as well as any federal
firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession,
display, or use of any deadly weapon as well as the many
increased penalties for these crimes including the creation of
theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing
charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly
weapon enhancements; and
(6) Providing the death penalty for those who commit
first degree murder: (a) To join, maintain, or advance
membership in an identifiable group; (b) as part of a driveby shooting; or (c) to avoid prosecution as a persistent
offender as defined in RCW 9.94A.030. [1995 c 129 § 18
(Initiative Measure No. 159).]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
[Title 10 RCW—page 4]
10.01.210 Offender notification and warning.
(Effective July 1, 2004.) Any and all law enforcement
agencies and personnel, criminal justice attorneys, sentencing
judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders
either written or oral notice, or both, of the sanctions
imposed and criminal justice changes regarding armed
offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special
verdict under *RCW 9.94A.602;
(2) Any and all deadly weapon enhancements under
RCW 9.94A.533 (3) or (4), or both, as well as any federal
firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession,
display, or use of any deadly weapon as well as the many
increased penalties for these crimes including the creation of
theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing
charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly
weapon enhancements; and
(6) Providing the death penalty for those who commit
first degree murder: (a) To join, maintain, or advance
membership in an identifiable group; (b) as part of a driveby shooting; or (c) to avoid prosecution as a persistent
offender as defined in RCW 9.94A.030. [2002 c 290 § 23;
1995 c 129 § 18 (Initiative Measure No. 159).]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Chapter 10.04
DISTRICT COURT PROCEDURE—GENERALLY
Sections
10.04.020
10.04.040
10.04.050
10.04.070
10.04.100
10.04.101
Arrest—Offense committed in view of district judge.
Cash bail in lieu of recognizance.
Jury—If demanded.
Plea of guilty.
Verdict of guilty—Proceedings upon.
Assessment of punishment by courts organized under 1961
justice of the peace act.
10.04.110 Judgment—Entry—Execution—Remittance of district court
fines, etc.
10.04.120 Stay of execution.
10.04.800 Proposed forms for criminal actions.
Rules of court: See Criminal Rules for Courts of Limited Jurisdiction
(CrRLJ).
10.04.020 Arrest—Offense committed in view of
district judge. When any offense is committed in view of
any district judge, the judge may, by verbal direction to any
deputy, or if no deputy is present, to any citizen, cause such
deputy or citizen to arrest such offender, and keep such
offender in custody for the space of one hour, unless such
offender shall sooner be taken from such custody by virtue
of a warrant issued on complaint on oath. But such person
so arrested, shall not be confined in jail, nor put upon any
(2002 Ed.)
District Court Procedure—Generally
trial, until arrested by virtue of such warrant. [1987 c 202
§ 149; Code 1881 § 1888; Code 1881 § 1889, part; 1873 p
382 § 186; 1854 p 260 § 173; RRS § 1926, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.040 Cash bail in lieu of recognizance. District
courts or committing magistrates may accept money as bail
from persons charged with bailable offenses, and for the
appearance of witnesses in all cases provided by law for the
recognizance of witnesses. The amount of such bail or
recognizance in each case shall be determined by the court
in its discretion, and may from time to time be increased or
decreased as circumstances may justify. The money to be
received and accounted for in the same manner as provided
by law for the superior courts. [1987 c 202 § 150; 1919 c
76 § 1; RRS § 1957 1/2.]
Intent—1987 c 202: See note following RCW 2.04.190.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
10.04.050 Jury—If demanded. In all trials for
offenses within the jurisdiction of a district judge, the
defendant or the state may demand a jury, which shall
consist of six, or a less number, agreed upon by the state and
accused, to be impaneled and sworn as in civil cases; or the
trial may be by the judge. When the complaint is for a
crime or misdemeanor in the exclusive jurisdiction of the
superior court, the justice hears the case as a committing
magistrate, and no jury shall be allowed. [1987 c 202 § 151;
1891 c 11 § 1; Code 1881 § 1890; 1875 p 51 § 2; 1873 p
382 § 188; 1854 p 260 § 174, part; RRS § 1927.]
Intent—1987 c 202: See note following RCW 2.04.190.
Charging juries: State Constitution Art. 4 § 16.
Convicted persons liable for costs and jury fees: RCW 10.46.190.
Right to trial by jury: State Constitution Art. 1 § 21.
10.04.070 Plea of guilty. The defendant may plead
guilty to any offense charged. [Code 1881 § 1892; 1873 p
383 § 190; 1854 p 260 § 174, part; RRS § 1929.]
10.04.100 Verdict of guilty—Proceedings upon. The
judge, if the prisoner is found guilty, shall assess the
prisoner’s punishment; or if, in the judge’s opinion, the
punishment the judge is authorized to assess is not adequate
to the offense, he or she may so find, and in such case the
judge shall order such defendant to enter recognizance to
appear in the superior court of the county, and shall also
recognize the witnesses, and proceed as in proceedings by a
committing magistrate. [1987 c 202 § 152; 1891 c 11 § 2;
Code 1881 § 1891; 1873 p 382 § 189; 1854 p 260 § 174;
RRS § 1928.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.101 Assessment of punishment by courts
organized under 1961 justice of the peace act. See RCW
3.66.065.
10.04.110 Judgment—Entry—Execution—
Remittance of district court fines, etc. In all cases of
conviction, unless otherwise provided in this chapter, the
(2002 Ed.)
10.04.020
judge shall enter judgment for the fine and costs against the
defendant, and may commit him to jail until the amount of
such fine and costs owing are paid, or the payment thereof
be secured as provided by RCW 10.04.120. The amount of
such fine and costs owing shall be computed as provided for
superior court cases in RCW 10.82.030 and 10.82.040.
Further proceedings therein shall be had as in like cases in
the superior court: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended. [1987 c 202 § 153; 1969 ex.s. c 199 § 10; 1967
c 200 § 6; 1891 c 11 § 6; Code 1881 § 1896; 1873 p 383 §
194; 1854 p 261 § 176; RRS § 1933.]
Intent—1987 c 202: See note following RCW 2.04.190.
Convicted persons liable for jury fees: RCW 10.46.190.
10.04.120 Stay of execution. Every defendant may
stay the execution for the fine and costs for thirty days, by
procuring sufficient sureties, to be approved by the district
judge, to enter into recognizance before the district judge for
the payment of the fine and costs; the entry of such recognizance shall be made on the docket of the district judge,
and signed by the sureties, and shall have the same effect as
a judgment, and if the same be not paid in thirty days, the
district judge shall proceed as in like cases in the superior
court. [1987 c 202 § 154; Code 1881 § 1897; 1873 p 383
§ 195; 1854 p 261 § 176; RRS § 1934.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.800 Proposed forms for criminal actions. The
district and municipal court judges’ association may propose
to the supreme court suggested forms for criminal actions for
inclusion in the justice court criminal rules. [1994 c 32 § 6;
1987 c 202 § 155.]
Rules of Court: CrRLJ 2.1, 4.2.
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 10.05
DEFERRED PROSECUTION—COURTS OF
LIMITED JURISDICTION
Sections
10.05.010
10.05.015
10.05.020
10.05.030
10.05.040
10.05.050
10.05.055
10.05.060
10.05.070
10.05.080
10.05.090
10.05.100
10.05.110
10.05.120
10.05.130
10.05.140
10.05.150
10.05.160
10.05.170
Eligibility—Time for petition.
Statement of availability.
Requirements of petition—Rights of petitioner—Court findings.
Arraignment continued—Treatment referral.
Investigation and examination.
Report to court—Recommended treatment plan—
Commitment to provide treatment.
Child welfare services.
Procedure upon approval of plan.
Arraignment when treatment rejected.
Evidence, uses and admissibility.
Procedure upon breach of treatment plan.
Conviction of similar offense.
Trial delay not grounds for dismissal.
Dismissal of charges.
Services provided for indigent defendants.
Conditions of granting.
Alcoholism program requirements.
Appeal of deferred prosecution order.
Supervision as condition—Levy of assessment.
[Title 10 RCW—page 5]
10.05.010
Title 10 RCW: Criminal Procedure
10.05.010 Eligibility—Time for petition. (1) In a
court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be
considered for a deferred prosecution program. The petition
shall be filed with the court at least seven days before the
date set for trial but, upon a written motion and affidavit
establishing good cause for the delay and failure to comply
with this section, the court may waive this requirement
subject to the defendant’s reimbursement to the court of the
witness fees and expenses due for subpoenaed witnesses who
have appeared on the date set for trial.
(2) A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not
be eligible for a deferred prosecution program unless the
court makes specific findings pursuant to RCW 10.05.020.
Such person shall not be eligible for a deferred prosecution
program more than once. Separate offenses committed more
than seven days apart may not be consolidated in a single
program.
(3) A person charged with a misdemeanor or a gross
misdemeanor under chapter 9A.42 RCW shall not be eligible
for a deferred prosecution program unless the court makes
specific findings pursuant to RCW 10.05.020. Such person
shall not be eligible for a deferred prosecution program more
than once. [2002 c 219 § 6; 1998 c 208 § 1; 1985 c 352 §
4; 1982 1st ex.s. c 47 § 26; 1975 1st ex.s. c 244 § 1.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: "This act takes effect January 1, 1999."
[1998 c 208 § 7.]
Legislative finding—1985 c 352: "The legislature finds that the
deferred prosecution program is an alternative to punishment for persons
who will benefit from a treatment program if the treatment program is
provided under circumstances that do not unreasonably endanger public
safety or the traditional goals of the criminal justice system. This alternative to punishment is dependent for success upon appropriate treatment and
the willingness and ability of the person receiving treatment to cooperate
fully with the treatment program. The legislature finds that some persons
have sought deferred prosecution but have been unable or unwilling to
cooperate with treatment requirements and escaped punishment because of
the difficulties in resuming prosecution after significant delay due to the
absence of witnesses at a later date and the congestion in courts at a later
date. The legislature further finds that the deferred prosecution statutes
require clarification. The purpose of sections 4 through 19 of this act is to
provide specific standards and procedures for judges and prosecutors to use
in carrying out the original intent of the deferred prosecution statutes."
[1985 c 352 § 3.]
Severability—1985 c 352: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 352 § 22.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
10.05.015 Statement of availability. At the time of
arraignment a person charged with a violation of RCW
46.61.502 or 46.61.504 may be given a statement by the
court that explains the availability, operation, and effects of
the deferred prosecution program. [1985 c 352 § 5.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.020 Requirements of petition—Rights of
petitioner—Court findings. (1) Except as provided in
subsection (2) of this section, the petitioner shall allege
under oath in the petition that the wrongful conduct charged
[Title 10 RCW—page 6]
is the result of or caused by alcoholism, drug addiction, or
mental problems for which the person is in need of treatment
and unless treated the probability of future reoccurrence is
great, along with a statement that the person agrees to pay
the cost of a diagnosis and treatment of the alleged problem
or problems if financially able to do so. The petition shall
also contain a case history and written assessment prepared
by an approved alcoholism treatment program as designated
in chapter 70.96A RCW if the petition alleges alcoholism, an
approved drug program as designated in chapter 71.24 RCW
if the petition alleges drug addiction, or by an approved
mental health center if the petition alleges a mental problem.
(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW,
the petitioner shall allege under oath in the petition that the
petitioner is the natural or adoptive parent of the alleged
victim; that the wrongful conduct charged is the result of
parenting problems for which the petitioner is in need of
services; that the petitioner is in need of child welfare
services under chapter 74.13 RCW to improve his or her
parenting skills in order to better provide his or her child or
children with the basic necessities of life; that the petitioner
wants to correct his or her conduct to reduce the likelihood
of harm to his or her minor children; that in the absence of
child welfare services the petitioner may be unable to reduce
the likelihood of harm to his or her minor children; and that
the petitioner has cooperated with the department of social
and health services to develop a plan to receive appropriate
child welfare services; along with a statement that the person
agrees to pay the cost of the services if he or she is financially able to do so. The petition shall also contain a case
history and a written service plan from the department of
social and health services.
(3) Before entry of an order deferring prosecution, a
petitioner shall be advised of his or her rights as an accused
and execute, as a condition of receiving treatment, a statement that contains: (a) An acknowledgement of his or her
rights; (b) an acknowledgement and waiver of the right to
testify, the right to a speedy trial, the right to call witnesses
to testify, the right to present evidence in his or her defense,
and the right to a jury trial; (c) a stipulation to the admissibility and sufficiency of the facts contained in the written
police report; and (d) an acknowledgement that the statement
will be entered and used to support a finding of guilty if the
court finds cause to revoke the order granting deferred
prosecution. The petitioner shall also be advised that he or
she may, if he or she proceeds to trial and is found guilty, be
allowed to seek suspension of some or all of the fines and
incarceration that may be ordered upon the condition that he
or she seek treatment and, further, that he or she may seek
treatment from public and private agencies at any time
without regard to whether or not he or she is found guilty of
the offense charged. He or she shall also be advised that the
court will not accept a petition for deferred prosecution from
a person who sincerely believes that he or she is innocent of
the charges or sincerely believes that he or she does not, in
fact, suffer from alcoholism, drug addiction, or mental
problems, or in the case of a petitioner charged under
chapter 9A.42 RCW, sincerely believes that he or she does
not need child welfare services.
(4) Before entering an order deferring prosecution, the
court shall make specific findings that: (a) The petitioner
(2002 Ed.)
Deferred Prosecution—Courts of Limited Jurisdiction
has stipulated to the admissibility and sufficiency of the facts
as contained in the written police report; (b) the petitioner
has acknowledged the admissibility of the stipulated facts in
any criminal hearing on the underlying offense or offenses
held subsequent to revocation of the order granting deferred
prosecution; (c) the petitioner has acknowledged and waived
the right to testify, the right to a speedy trial, the right to call
witnesses to testify, the right to present evidence in his or
her defense, and the right to a jury trial; and (d) the
petitioner’s statements were made knowingly and voluntarily.
Such findings shall be included in the order granting
deferred prosecution. [2002 c 219 § 7; 1996 c 24 § 1; 1985
c 352 § 6; 1975 1st ex.s. c 244 § 2.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Criminal history and driving record: RCW 46.61.513.
10.05.030 Arraignment continued—Treatment
referral. The arraigning judge upon consideration of the
petition and with the concurrence of the prosecuting attorney
may continue the arraignment and refer such person for a
diagnostic investigation and evaluation to an approved
alcoholism treatment program as designated in chapter
70.96A RCW, if the petition alleges an alcohol problem, an
approved drug treatment center as designated in chapter
71.24 RCW, if the petition alleges a drug problem, to an
approved mental health center, if the petition alleges a
mental problem, or the department of social and health
services if the petition is brought under RCW 10.05.020(2).
[2002 c 219 § 8; 1999 c 143 § 42; 1975 1st ex.s. c 244 § 3.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
10.05.040 Investigation and examination. The
*facility to which such person is referred, or the department
of social and health services if the petition is brought under
RCW 10.05.020(2), shall conduct an investigation and
examination to determine:
(1) Whether the person suffers from the problem
described;
(2) Whether the problem is such that if not treated, or
if no child welfare services are provided, there is a probability that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is
required;
(4) Whether effective treatment or child welfare services
for the person’s problem are available; and
(5) Whether the person is amenable to treatment or
willing to cooperate with child welfare services. [2002 c
219 § 9; 1985 c 352 § 7; 1975 1st ex.s. c 244 § 4.]
*Reviser’s note: Chapter 70.96A RCW was amended by 1990 c 151,
changing "treatment facility" to "treatment program."
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.050 Report to court—Recommended treatment plan—Commitment to provide treatment. (1) The
*facility, or the department of social and health services if
the petition is brought under RCW 10.05.020(2), shall make
a written report to the court stating its findings and recom(2002 Ed.)
10.05.020
mendations after the examination required by RCW
10.05.040. If its findings and recommendations support
treatment or the implementation of a child welfare service
plan, it shall also recommend a treatment or service plan
setting out:
(a) The type;
(b) Nature;
(c) Length;
(d) A treatment or service time schedule; and
(e) Approximate cost of the treatment or child welfare
services.
(2) In the case of a child welfare service plan, the plan
shall be designed in a manner so that a parent who successfully completes the plan will not be likely to withhold the
basic necessities of life from his or her child.
(3) The report with the treatment or service plan shall
be filed with the court and a copy given to the petitioner and
petitioner’s counsel. A copy of the treatment or service plan
shall be given to the prosecutor by petitioner’s counsel at the
request of the prosecutor. The evaluation facility, or the
department of social and health services if the petition is
brought under RCW 10.05.020(2), making the written report
shall append to the report a commitment by the *treatment
facility or the department of social and health services that
it will provide the treatment or child welfare services in
accordance with this chapter. The facility or the service
provider shall agree to provide the court with a statement
every three months for the first year and every six months
for the second year regarding (a) the petitioner’s cooperation
with the treatment or child welfare service plan proposed and
(b) the petitioner’s progress or failure in treatment or child
welfare services. These statements shall be made as a
declaration by the person who is personally responsible for
providing the treatment or services. [2002 c 219 § 10; 1985
c 352 § 8; 1975 1st ex.s. c 244 § 5.]
*Reviser’s note: Chapter 70.96A RCW was amended by 1990 c 151,
changing "treatment facility" to "treatment program."
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.055 Child welfare services. Child welfare
services provided under chapter 74.13 RCW pursuant to a
deferred prosecution ordered under RCW 10.05.060 may not
be construed to prohibit the department from providing
services or undertaking proceedings pursuant to chapter
13.34 or 26.44 RCW. [2002 c 219 § 12.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
10.05.060 Procedure upon approval of plan. If the
report recommends treatment, the court shall examine the
treatment plan. If it approves the plan and the petitioner
agrees to comply with its terms and conditions and agrees to
pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person’s court docket
showing that the person has been accepted for deferred
prosecution. A copy of the treatment plan shall be attached
to the docket, which shall then be removed from the regular
court dockets and filed in a special court deferred prosecution file. If the charge be one that an abstract of the docket
showing the charge, the date of the violation for which the
[Title 10 RCW—page 7]
10.05.060
Title 10 RCW: Criminal Procedure
charge was made, and the date of petitioner’s acceptance is
required to be sent to the department of licensing, an abstract
shall be sent, and the department of licensing shall make an
entry of the charge and of the petitioner’s acceptance for
deferred prosecution on the department’s driving record of
the petitioner. The entry is not a conviction for purposes of
Title 46 RCW. Upon receipt of the abstract of the docket,
the department shall issue the petitioner a probationary
license in accordance with RCW 46.20.355, and the
petitioner’s driver’s license shall be on probationary status
for five years from the date of the violation that gave rise to
the charge. The department shall maintain the record for ten
years from date of entry of the order granting deferred
prosecution. [1994 c 275 § 17; 1990 c 250 § 13; 1985 c 352
§ 9; 1979 c 158 § 4; 1975 1st ex.s. c 244 § 6.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.
[1997 c 229 § 1; 1994 c 275 § 18; 1985 c 352 § 12; 1975
1st ex.s. c 244 § 9.]
Effective date—1997 c 229: "This act takes effect January 1, 1998."
[1997 c 229 § 15.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.100 Conviction of similar offense. If a
petitioner is subsequently convicted of a similar offense that
was committed while the petitioner was in a deferred
prosecution program, upon notice the court shall remove the
petitioner’s docket from the deferred prosecution file and the
court shall enter judgment pursuant to RCW 10.05.020.
[1998 c 208 § 2; 1985 c 352 § 13; 1975 1st ex.s. c 244 §
10.]
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.070 Arraignment when treatment rejected.
When treatment is either not recommended or not approved
by the judge, or the petitioner declines to accept the
treatment plan, the petitioner shall be arraigned on the
charge. [1985 c 352 § 10; 1975 1st ex.s. c 244 § 7.]
10.05.110 Trial delay not grounds for dismissal.
Delay in bringing a case to trial caused by a petitioner
requesting deferred prosecution as provided for in this
chapter shall not be grounds for dismissal. [1985 c 352 §
14; 1975 1st ex.s. c 244 § 11.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.080 Evidence, uses and admissibility. If the
petition is not approved or is withdrawn before approval,
evidence pertaining to or resulting from the petition and/or
investigation is inadmissible in any trial on the charges, but
shall be available for use after a conviction in determining
a sentence. [1985 c 352 § 11; 1975 1st ex.s. c 244 § 8.]
10.05.120 Dismissal of charges. (1) Three years after
receiving proof of successful completion of the two-year
treatment program, but not before five years following entry
of the order of deferred prosecution pursuant to a petition
brought under RCW 10.05.020(1), the court shall dismiss the
charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to
a petition brought under RCW 10.05.020(2) and the court
has received proof that the petitioner has successfully
completed the child welfare service plan, or the plan has
been terminated because the alleged victim has reached his
or her majority and there are no other minor children in the
home, the court shall dismiss the charges pending against the
petitioner: PROVIDED, That in any case where the
petitioner’s parental rights have been terminated with regard
to the alleged victim due to abuse or neglect that occurred
during the pendency of the deferred prosecution, the termination shall be per se evidence that the petitioner did not
successfully complete the child welfare service plan. [2002
c 219 § 14; 1998 c 208 § 3; 1994 c 275 § 19; 1985 c 352 §
15; 1983 c 165 § 45; 1975 1st ex.s. c 244 § 12.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.090 Procedure upon breach of treatment
plan. If a petitioner, who has been accepted for a deferred
prosecution, fails or neglects to carry out and fulfill any term
or condition of the petitioner’s treatment plan or any term or
condition imposed in connection with the installation of an
interlock or other device under RCW 46.20.720, the facility,
center, institution, or agency administering the treatment or
the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the
petitioner or petitioner’s attorney of record, together with its
recommendation. The court upon receiving such a report
shall hold a hearing to determine whether the petitioner
should be removed from the deferred prosecution program.
At the hearing, evidence shall be taken of the petitioner’s
alleged failure to comply with the treatment plan or device
installation and the petitioner shall have the right to present
evidence on his or her own behalf. The court shall either
order that the petitioner continue on the treatment plan or be
removed from deferred prosecution. If removed from
deferred prosecution, the court shall enter judgment pursuant
to RCW 10.05.020 and, if the charge for which the deferred
prosecution was granted was a misdemeanor or gross
[Title 10 RCW—page 8]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Effective date—1998 c 208: See note following RCW 10.05.010.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
(2002 Ed.)
Deferred Prosecution—Courts of Limited Jurisdiction
10.05.130 Services provided for indigent defendants.
Funds shall be appropriated from the fines and forfeitures of
the court to provide investigation, examination, report and
treatment plan for any indigent person who is unable to pay
the cost of any program of treatment. [1975 1st ex.s. c 244
§ 13.]
10.05.140 Conditions of granting. As a condition of
granting a deferred prosecution petition, the court shall order
that the petitioner shall not operate a motor vehicle upon the
public highways without a valid operator’s license and proof
of liability insurance. The amount of liability insurance shall
be established by the court at not less than that established
by RCW 46.29.490. As a condition of granting a deferred
prosecution petition, the court shall also order the installation
of an interlock or other device under RCW 46.20.720 for a
petitioner who has previously been convicted of a violation
of RCW 46.61.502 or 46.61.504 or an equivalent local
ordinance or a petitioner who has been charged with such an
offense and had an alcohol concentration of at least .15, or
by reason of the person’s refusal to take a test offered
pursuant to RCW 46.20.308 there is no test result indicating
the person’s alcohol concentration. For any other petitioner,
the court may order the installation of an interlock device
under RCW 46.20.720(1) as a condition of granting a
deferred prosecution petition. As a condition of granting a
deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in
RCW 10.01.160. The court may terminate the deferred
prosecution program upon violation of this section. [1999 c
331 § 4; 1997 c 229 § 2; 1991 c 247 § 1; 1985 c 352 § 16.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1997 c 229: See note following RCW 10.05.090.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.150 Alcoholism program requirements. A
deferred prosecution program for alcoholism shall be for a
two-year period and shall include, but not be limited to, the
following requirements:
(1) Total abstinence from alcohol and all other
nonprescribed mind-altering drugs;
(2) Participation in an intensive inpatient or intensive
outpatient program in a state-approved alcoholism treatment
program;
(3) Participation in a minimum of two meetings per
week of an alcoholism self-help recovery support group, as
determined by the assessing agency, for the duration of the
treatment program;
(4) Participation in an alcoholism self-help recovery
support group, as determined by the assessing agency, from
the date of court approval of the plan to entry into intensive
treatment;
(5) Not less than weekly approved outpatient counseling,
group or individual, for a minimum of six months following
the intensive phase of treatment;
(6) Not less than monthly outpatient contact, group or
individual, for the remainder of the two-year deferred
prosecution period;
(2002 Ed.)
10.05.130
(7) The decision to include the use of prescribed drugs,
including disulfiram, as a condition of treatment shall be
reserved to the treating facility and the petitioner’s physician;
(8) All treatment within the purview of this section shall
occur within or be approved by a state-approved alcoholism
treatment program as described in chapter 70.96A RCW;
(9) Signature of the petitioner agreeing to the terms and
conditions of the treatment program. [1999 c 143 § 43;
1985 c 352 § 17.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.160 Appeal of deferred prosecution order.
The prosecutor may appeal an order granting deferred
prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the
defendant;
(2) Failure of the court to obtain proof of insurance or
a treatment plan conforming to the requirements of this
chapter;
(3) Failure of the court to comply with the requirements
of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the
information required in RCW 10.05.040 and 10.05.050, if the
defendant has been referred to the facility for treatment. If
an appeal on such basis is successful, the trial court may
consider the use of another treatment program. [1999 c 143
§ 44; 1998 c 208 § 4; 1985 c 352 § 18.]
Effective date—1998 c 208: See note following RCW 10.05.010.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.170 Supervision as condition—Levy of
assessment. As a condition of granting deferred prosecution, the court may order supervision of the petitioner during
the period of deferral and may levy a monthly assessment
upon the petitioner as provided in RCW 10.64.120. In a
jurisdiction with a probation department, the court may
appoint the probation department to supervise the petitioner.
In a jurisdiction without a probation department, the court
may appoint an appropriate person or agency to supervise
the petitioner. A supervisor appointed under this section
shall be required to do at least the following:
(1) If the charge for which deferral is granted relates to
operation of a motor vehicle, at least once every six months
request from the department of licensing an abstract of the
petitioner’s driving record; and
(2) At least once every month make contact with the
petitioner or with any agency to which the petitioner has
been directed for treatment as a part of the deferral. [1991
c 247 § 2; 1985 c 352 § 19.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Chapter 10.10
CRIMINAL APPEALS FROM DISTRICT COURTS
Sections
10.10.010
10.10.060
Court rules.
Appeal—Costs—Default.
[Title 10 RCW—page 9]
Chapter 10.10
Title 10 RCW: Criminal Procedure
Rules of court: Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
10.10.010 Court rules. Every person convicted
before a district judge of any offense may appeal from the
judgment as provided by court rules. [1987 c 202 § 156;
1891 c 29 § 6, part; RRS § 1919, part. Prior: Code 1881
§ 1898, part; 1877 p 203 § 7, part; 1873 p 384 § 196, part;
1854 p 261 § 177. Formerly RCW 10.10.010, 10.10.020,
and 10.10.030.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.10.060 Appeal—Costs—Default. The appellant in
a criminal action shall not be required to advance any fees
in claiming his appeal nor in prosecuting the same; but if
convicted in the appellate court, or if sentenced for failing to
prosecute his appeal, he may be required as a part of the
sentence to pay the costs of the prosecution. If the appellant
shall fail to enter and prosecute his appeal he shall be
defaulted of his recognizance, if any was taken, and the
superior court may award sentence against him for the
offense whereof he was convicted in like manner as if he
had been convicted thereof in that court; and if he be not
then in custody process may be issued to bring him into
court to receive sentence. [1891 c 29 § 7; RRS § 1920.
Prior: Code 1881 § 1900; 1873 p 384 § 198, part; 1854 p
261 § 179. Formerly RCW 10.10.060 and 10.10.080.]
Chapter 10.14
HARASSMENT
Sections
10.14.010
10.14.020
10.14.030
10.14.040
10.14.050
10.14.055
10.14.060
10.14.070
10.14.080
10.14.085
10.14.090
10.14.100
10.14.105
10.14.110
10.14.115
10.14.120
10.14.125
10.14.130
10.14.140
10.14.150
10.14.160
10.14.170
10.14.180
10.14.190
10.14.200
10.14.900
Legislative finding, intent.
Definitions.
Course of conduct—Determination of purpose.
Protection order—Petition.
Administrator for courts—Forms, information.
Fees excused, when.
Proceeding in forma pauperis.
Hearing—Service.
Antiharassment protection orders—Ex parte temporary—
Hearing—Longer term, renewal.
Hearing reset after ex parte order—Service by publication—
Circumstances.
Representation or appearance.
Service of order.
Order following service by publication.
Notice to law enforcement agencies—Enforceability.
Enforcement of order—Knowledge prerequisite to penalties—Reasonable efforts to serve copy of order.
Disobedience of order—Penalties.
Service by publication—Costs.
Exclusion of certain actions.
Other remedies.
Jurisdiction.
Where action may be brought.
Criminal penalty.
Modification of order.
Constitutional rights.
Availability of orders in family law proceedings.
Severability—1987 c 280.
10.14.010 Legislative finding, intent. The legislature
finds that serious, personal harassment through repeated
invasions of a person’s privacy by acts and words showing
a pattern of harassment designed to coerce, intimidate, or
[Title 10 RCW—page 10]
humiliate the victim is increasing. The legislature further
finds that the prevention of such harassment is an important
governmental objective. This chapter is intended to provide
victims with a speedy and inexpensive method of obtaining
civil antiharassment protection orders preventing all further
unwanted contact between the victim and the perpetrator.
[1987 c 280 § 1.]
10.14.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful
course of conduct directed at a specific person which
seriously alarms, annoys, harasses, or is detrimental to such
person, and which serves no legitimate or lawful purpose.
The course of conduct shall be such as would cause a
reasonable person to suffer substantial emotional distress,
and shall actually cause substantial emotional distress to the
petitioner, or, when the course of conduct would cause a
reasonable parent to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct
composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose. "Course of
conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic
communication. Constitutionally protected activity is not
included within the meaning of "course of conduct." [2001
c 260 § 2; 1999 c 27 § 4; 1995 c 127 § 1; 1987 c 280 § 2.]
Findings—Intent—2001 c 260: "The legislature finds that unlawful
harassment directed at a child by a person under the age of eighteen is not
acceptable and can have serious consequences. The legislature further finds
that some interactions between minors, such as "schoolyard scuffles,"
though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the
parent or guardian of a child as provided for in this chapter be available
only when the alleged behavior of the person under the age of eighteen to
be restrained rises to the level set forth in chapter 10.14 RCW." [2001 c
260 § 1.]
Intent—1999 c 27: See note following RCW 9A.46.020.
10.14.030 Course of conduct—Determination of
purpose. In determining whether the course of conduct
serves any legitimate or lawful purpose, the court should
consider whether:
(1) Any current contact between the parties was initiated
by the respondent only or was initiated by both parties;
(2) The respondent has been given clear notice that all
further contact with the petitioner is unwanted;
(3) The respondent’s course of conduct appears designed
to alarm, annoy, or harass the petitioner;
(4) The respondent is acting pursuant to any statutory
authority, including but not limited to acts which are
reasonably necessary to:
(a) Protect property or liberty interests;
(b) Enforce the law; or
(c) Meet specific statutory duties or requirements;
(5) The respondent’s course of conduct has the purpose
or effect of unreasonably interfering with the petitioner’s
privacy or the purpose or effect of creating an intimidating,
hostile, or offensive living environment for the petitioner;
(6) Contact by the respondent with the petitioner or the
petitioner’s family has been limited in any manner by any
previous court order. [1987 c 280 § 3.]
(2002 Ed.)
Harassment
10.14.040 Protection order—Petition. There shall
exist an action known as a petition for an order for protection in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from
which relief is sought.
(2) A petition for relief may be made regardless of
whether or not there is a pending lawsuit, complaint,
petition, or other action between the parties.
(3) All court clerks’ offices shall make available
simplified forms and instructional brochures. Any assistance
or information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible
for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing
fee may be charged for a petition filed in an existing action
or under an existing cause number brought under this chapter
in the jurisdiction where the relief is sought or as provided
in RCW 10.14.055. Forms and instructional brochures shall
be provided free of charge.
(5) A person is not required to post a bond to obtain
relief in any proceeding under this section.
(6) The parent or guardian of a child under age eighteen
may petition for an order of protection to restrain a person
age eighteen years or over from contact with that child upon
a showing that contact with the person to be enjoined is
detrimental to the welfare of the child.
(7) The parent or guardian of a child under the age of
eighteen may petition in superior court for an order of
protection to restrain a person under the age of eighteen
years from contact with that child only in cases where the
person to be restrained has been adjudicated of an offense
against the child protected by the order, or is under investigation or has been investigated for such an offense. In
issuing a protection order under this subsection, the court
shall consider, among the other facts of the case, the severity
of the alleged offense, any continuing physical danger or
emotional distress to the alleged victim, and the expense,
difficulty, and educational disruption that would be caused
by a transfer of the alleged offender to another school. The
court may order that the person restrained in the order not
attend the public or approved private elementary, middle, or
high school attended by the person under the age of eighteen
years protected by the order. In the event that the court
orders a transfer of the restrained person to another school,
the parents or legal guardians of the person restrained in the
order are responsible for transportation and other costs
associated with the change of school by the person restrained
in the order. The court shall send notice of the restriction on
attending the same school as the person protected by the
order to the public or approved private school the person
restrained by the order will attend and to the school the
person protected by the order attends. [2002 c 117 § 1;
2001 c 260 § 3. Prior: 1995 c 292 § 2; 1995 c 127 § 2;
1987 c 280 § 4.]
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
10.14.050 Administrator for courts—Forms,
information. The administrator for the courts shall develop
and prepare, in consultation with interested persons, model
(2002 Ed.)
10.14.040
forms and instructional brochures required under RCW
10.14.040(3). [1987 c 280 § 5.]
10.14.055 Fees excused, when. No fees for filing or
service of process may be charged by a public agency to
petitioners seeking relief under this chapter from a person
who has stalked them as that term is defined in RCW
9A.46.110, or from a person who has engaged in conduct
that would constitute a sex offense as defined in RCW
9A.44.130, or from a person who is a family or household
member as defined in RCW 26.50.010(2) who has engaged
in conduct that would constitute domestic violence as defined in RCW 26.50.010(1). [2002 c 117 § 2.]
10.14.060 Proceeding in forma pauperis. Persons
seeking relief under this chapter may file an application for
leave to proceed in forma pauperis on forms supplied by the
court. If the court determines that a petitioner lacks the
funds to pay the costs of filing, the petitioner shall be
granted leave to proceed in forma pauperis and no filing fee
or any other court related fees shall be charged by the court
to the petitioner for relief sought under this chapter. If the
petitioner is granted leave to proceed in forma pauperis, then
no fees for service may be charged to the petitioner. [1987
c 280 § 6.]
10.14.070 Hearing—Service. Upon receipt of the
petition, the court shall order a hearing which shall be held
not later than fourteen days from the date of the order.
Except as provided in RCW 10.14.085, personal service shall
be made upon the respondent not less than five court days
before the hearing. If timely personal service cannot be
made, the court shall set a new hearing date and shall either
require additional attempts at obtaining personal service or
permit service by publication as provided by RCW
10.14.085. If the court permits service by publication, the
court shall set the hearing date not later than twenty-four
days from the date of the order. The court may issue an ex
parte order for protection pending the hearing as provided in
RCW 10.14.080 and 10.14.085. [1992 c 143 § 10; 1987 c
280 § 7.]
10.14.080 Antiharassment protection orders—Ex
parte temporary—Hearing—Longer term, renewal. (1)
Upon filing a petition for a civil antiharassment protection
order under this chapter, the petitioner may obtain an ex
parte temporary antiharassment protection order. An ex
parte temporary antiharassment protection order may be
granted with or without notice upon the filing of an affidavit
which, to the satisfaction of the court, shows reasonable
proof of unlawful harassment of the petitioner by the
respondent and that great or irreparable harm will result to
the petitioner if the temporary antiharassment protection
order is not granted.
(2) An ex parte temporary antiharassment protection
order shall be effective for a fixed period not to exceed
fourteen days or twenty-four days if the court has permitted
service by publication under RCW 10.14.085. The ex parte
order may be reissued. A full hearing, as provided in this
chapter, shall be set for not later than fourteen days from the
issuance of the temporary order or not later than twenty-four
[Title 10 RCW—page 11]
10.14.080
Title 10 RCW: Criminal Procedure
days if service by publication is permitted. Except as
provided in RCW 10.14.070 and 10.14.085, the respondent
shall be personally served with a copy of the ex parte order
along with a copy of the petition and notice of the date set
for the hearing. The ex parte order and notice of hearing
shall include at a minimum the date and time of the hearing
set by the court to determine if the temporary order should
be made effective for one year or more, and notice that if
the respondent should fail to appear or otherwise not
respond, an order for protection will be issued against the
respondent pursuant to the provisions of this chapter, for a
minimum of one year from the date of the hearing. The
notice shall also include a brief statement of the provisions
of the ex parte order and notify the respondent that a copy
of the ex parte order and notice of hearing has been filed
with the clerk of the court.
(3) At the hearing, if the court finds by a preponderance
of the evidence that unlawful harassment exists, a civil
antiharassment protection order shall issue prohibiting such
unlawful harassment.
(4) An order issued under this chapter shall be effective
for not more than one year unless the court finds that the
respondent is likely to resume unlawful harassment of the
petitioner when the order expires. If so, the court may enter
an order for a fixed time exceeding one year or may enter a
permanent antiharassment protection order. The court shall
not enter an order that is effective for more than one year if
the order restrains the respondent from contacting the
respondent’s minor children. This limitation is not applicable to civil antiharassment protection orders issued under
chapter 26.09, 26.10, or 26.26 RCW. If the petitioner seeks
relief for a period longer than one year on behalf of the
respondent’s minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order
as provided in this chapter or if appropriate may seek relief
pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the
expiration of the order, the petitioner may apply for a
renewal of the order by filing a petition for renewal. The
petition for renewal shall state the reasons why the petitioner
seeks to renew the protection order. Upon receipt of the
petition for renewal, the court shall order a hearing which
shall be not later than fourteen days from the date of the
order. Except as provided in RCW 10.14.085, personal
service shall be made upon the respondent not less than five
days before the hearing. If timely service cannot be made
the court shall set a new hearing date and shall either require
additional attempts at obtaining personal service or permit
service by publication as provided by RCW 10.14.085. If
the court permits service by publication, the court shall set
the new hearing date not later than twenty-four days from
the date of the order. If the order expires because timely
service cannot be made the court shall grant an ex parte
order of protection as provided in this section. The court
shall grant the petition for renewal unless the respondent
proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when
the order expires. The court may renew the protection order
for another fixed time period or may enter a permanent order
as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary
antiharassment protection order or a civil antiharassment
[Title 10 RCW—page 12]
protection order, shall have broad discretion to grant such
relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any
attempts to keep the petitioner under surveillance;
(c) Requiring the respondent to stay a stated distance
from the petitioner’s residence and workplace; and
(d) Considering the provisions of RCW 9.41.800.
(7) A petitioner may not obtain an ex parte temporary
antiharassment protection order against a respondent if the
petitioner has previously obtained two such ex parte orders
against the same respondent but has failed to obtain the
issuance of a civil antiharassment protection order unless
good cause for such failure can be shown.
(8) The court order shall specify the date an order
issued pursuant to subsections (4) and (5) of this section
expires if any. The court order shall also state whether the
court issued the protection order following personal service
or service by publication and whether the court has approved
service by publication of an order issued under this section.
[2001 c 311 § 1; 1995 c 246 § 36; 1994 sp.s. c 7 § 448;
1992 c 143 § 11; 1987 c 280 § 8.]
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
10.14.085 Hearing reset after ex parte order—
Service by publication—Circumstances. (1) If the
respondent was not personally served with the petition,
notice of hearing, and ex parte order before the hearing, the
court shall reset the hearing for twenty-four days from the
date of entry of the order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit
stating that the officer was unable to complete personal
service upon the respondent. The affidavit must describe the
number and types of attempts the officer made to complete
service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server
to avoid service. The petitioner’s affidavit must state the
reasons for the belief that the petitioner [respondent] is
avoiding service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this
section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the
respondent’s last known address, unless the server states that
the server does not know the respondent’s address; and
(d) The court finds reasonable grounds exist to believe
that the respondent is concealing himself or herself to avoid
service, and that further attempts to personally serve the
respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of
protection not to exceed another twenty-four days from the
date of reissuing the ex parte protection order and order to
provide service by publication.
(2002 Ed.)
Harassment
(3) The publication shall be made in a newspaper of
general circulation in the county where the petition was
brought and in the county of the last known address of the
respondent once a week for three consecutive weeks. The
newspaper selected must be one of the three most widely
circulated papers in the county. The publication of summons
shall not be made until the court orders service by publication under this section. Service of the summons shall be
considered complete when the publication has been made for
three consecutive weeks. The summons must be signed by
the petitioner. The summons shall contain the date of the
first publication, and shall require the respondent upon whom
service by publication is desired, to appear and answer the
petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition
and a summary of the provisions under the ex parte order.
The summons shall be essentially in the following form:
In the . . . . . . . . . court of the state of Washington for
the county of . . . . . . . . .
. . . . . . . . . . . . . . . , Petitioner
vs.
. . . . . . . . . . . . . . . , Respondent
No. . . . . . .
The state of Washington to . . . . . . . . . (respondent):
You are hereby summoned to appear on the . . . . day
of . . . . . ., 19. . ., at . . . . a.m./p.m., and respond to the
petition. If you fail to respond, an order of protection will
be issued against you pursuant to the provisions of chapter
10.14 RCW, for a minimum of one year from the date you
are required to appear. A temporary order of protection has
been issued against you, restraining you from the following:
(Insert a brief statement of the provisions of the ex parte
order). A copy of the petition, notice of hearing, and ex
parte order has been filed with the clerk of this court.
.........................
Petitioner . . . . . . . . . . . . . . . . . .
[1992 c 143 § 12.]
10.14.090 Representation or appearance. (1)
Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his
or her own behalf.
(2) The court may require the respondent to pay the
filing fee and court costs, including service fees, and to
reimburse the petitioner for costs incurred in bringing the
action, including a reasonable attorney’s fee. If the petitioner has been granted leave to proceed in forma pauperis,
the court may require the respondent to pay the filing fee
and costs, including services fees, to the county or municipality incurring the expense. [1992 c 143 § 14; 1987 c 280
§ 9.]
10.14.100 Service of order. (1) An order issued
under this chapter shall be personally served upon the
respondent, except as provided in subsections (5) and (7) of
this section.
(2) The sheriff of the county or the peace officers of the
municipality in which the respondent resides shall serve the
(2002 Ed.)
10.14.085
respondent personally unless the petitioner elects to have the
respondent served by a private party.
(3) If the sheriff or municipal peace officer cannot
complete service upon the respondent within ten days, the
sheriff or municipal peace officer shall notify the petitioner.
(4) Returns of service under this chapter shall be made
in accordance with the applicable court rules.
(5) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service is waived and proof of service of that
order is not necessary. The court’s order, entered after a
hearing, need not be served on a respondent who fails to
appear before the court, if material terms of the order have
not changed from those contained in the temporary order,
and it is shown to the court’s satisfaction that the respondent
has previously been personally served with the temporary
order.
(6) Except in cases where the petitioner has fees waived
under RCW 10.14.055 or is granted leave to proceed in
forma pauperis, municipal police departments serving
documents as required under this chapter may collect the
same fees for service and mileage authorized by RCW
36.18.040 to be collected by sheriffs.
(7) If the court previously entered an order allowing
service by publication of the notice of hearing and temporary
order of protection pursuant to RCW 10.14.085, the court
may permit service by publication of the order of protection
issued under RCW 10.14.080. Service by publication must
comply with the requirements of RCW 10.14.085. [2002 c
117 § 3; 2001 c 311 § 2; 1992 c 143 § 15; 1987 c 280 §
10.]
10.14.105 Order following service by publication.
Following completion of service by publication as provided
in RCW 10.14.085, if the respondent fails to appear at the
hearing, the court may issue an order of protection as
provided in RCW 10.14.080. That order must be served
pursuant to RCW 10.14.100, and forwarded to the appropriate law enforcement agency pursuant to RCW 10.14.110.
[1992 c 143 § 13.]
10.14.110 Notice to law enforcement agencies—
Enforceability. (1) A copy of an antiharassment protection
order granted under this chapter shall be forwarded by the
clerk of the court on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency
shall forthwith enter the order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants. The law enforcement agency shall expunge
expired orders from the computer system. Entry into the law
enforcement information system constitutes notice to all law
enforcement agencies of the existence of the order. The
order is fully enforceable in any county in the state.
(2) The information entered into the computer-based
system shall include notice to law enforcement whether the
order was personally served or served by publication. [1992
c 143 § 16; 1987 c 280 § 11.]
[Title 10 RCW—page 13]
10.14.115
Title 10 RCW: Criminal Procedure
10.14.115 Enforcement of order—Knowledge
prerequisite to penalties—Reasonable efforts to serve
copy of order. (1) When the court issues an order of
protection pursuant to RCW 10.14.080, the court shall advise
the petitioner that the respondent may not be subjected to the
penalties set forth in RCW 10.14.120 and 10.14.170 for a
violation of the order unless the respondent knows of the
order.
(2) When a peace officer investigates a report of an
alleged violation of an order for protection issued under this
chapter the officer shall attempt to determine whether the
respondent knew of the existence of the protection order. If
the officer determines that the respondent did not or probably did not know about the protection order, the officer shall
make reasonable efforts to obtain a copy of the protection
order and serve it on the respondent during the investigation.
[1992 c 143 § 17.]
10.14.120 Disobedience of order—Penalties. Any
willful disobedience by a respondent age eighteen years or
over of any temporary antiharassment protection order or
civil antiharassment protection order issued under this
chapter subjects the respondent to criminal penalties under
this chapter. Any respondent age eighteen years or over
who willfully disobeys the terms of any order issued under
this chapter may also, in the court’s discretion, be found in
contempt of court and subject to penalties under chapter 7.21
RCW. Any respondent under the age of eighteen years who
willfully disobeys the terms of an order issued under this
chapter may, in the court’s discretion, be found in contempt
of court and subject to the sanction specified in RCW
7.21.030(4). [2001 c 260 § 4; 1989 c 373 § 14; 1987 c 280
§ 12.]
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
Severability—1989 c 373: See RCW 7.21.900.
10.14.125 Service by publication—Costs. The court
may permit service by publication under this chapter only if
the petitioner pays the cost of publication or if the
petitioner’s costs have been waived pursuant to RCW
10.14.055, unless the county legislative authority allocates
funds for service of process by publication for petitioners
who are granted leave to proceed in forma pauperis. [2002
c 117 § 4; 1992 c 143 § 18.]
10.14.130 Exclusion of certain actions. Protection
orders authorized under this chapter shall not be issued for
any action specifically covered by chapter 10.99 or 26.50
RCW. [1987 c 280 § 13.]
10.14.140 Other remedies. Nothing in this chapter
shall preclude a petitioner’s right to utilize other existing
civil remedies. [1987 c 280 § 14.]
10.14.150 Jurisdiction. (1) The district courts shall
have jurisdiction and cognizance of any civil actions and
proceedings brought under this chapter, except the district
court shall transfer such actions and proceedings to the
superior court when it is shown that the respondent to the
petition is under eighteen years of age.
[Title 10 RCW—page 14]
(2) Superior courts shall have concurrent jurisdiction to
receive transfer of antiharassment petitions in cases where a
district court judge makes findings of fact and conclusions
of law showing that meritorious reasons exist for the
transfer. The municipal and district courts shall have
jurisdiction and cognizance of any criminal actions brought
under RCW 10.14.120 and 10.14.170. [1999 c 170 § 1;
1991 c 33 § 2; 1987 c 280 § 15.]
Effective date—1991 c 33: See note following RCW 3.66.020.
10.14.160 Where action may be brought. For the
purposes of this chapter an action may be brought in:
(1) The judicial district of the county in which the
alleged acts of unlawful harassment occurred;
(2) The judicial district of the county where any
respondent resides at the time the petition is filed; or
(3) The judicial district of the county where a respondent may be served if it is the same county or judicial
district where a respondent resides. [1992 c 127 § 1; 1987
c 280 § 16.]
10.14.170 Criminal penalty. Any respondent age
eighteen years or over who willfully disobeys any civil
antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor. [2001 c 260 §
5; 1987 c 280 § 17.]
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
10.14.180 Modification of order. Upon application
with notice to all parties and after a hearing, the court may
modify the terms of an existing order under this chapter. In
any situation where an order is terminated or modified
before its expiration date, the clerk of the court shall forward
on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law
enforcement agency specified in the modified order or
termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement information system. [1987 c 280 § 18.]
10.14.190 Constitutional rights. Nothing in this
chapter shall be construed to infringe upon any constitutionally protected rights including, but not limited to, freedom of
speech and freedom of assembly. [1987 c 280 § 19.]
10.14.200 Availability of orders in family law
proceedings. Any order available under this chapter may be
issued in actions under chapter 13.32A, 26.09, 26.10, or
26.26 RCW. An order available under this chapter that is
issued under those chapters shall be fully enforceable and
shall be enforced pursuant to the provisions of this chapter.
[1999 c 397 § 4; 1995 c 246 § 35.]
Severability—1995 c 246: See note following RCW 26.50.010.
10.14.900 Severability—1987 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 280 § 22.]
(2002 Ed.)
Preliminary Hearings
Chapter 10.16
PRELIMINARY HEARINGS
Sections
10.16.080
10.16.100
10.16.110
Discharge of defendant—Frivolous complaints.
Abstract of costs forwarded with transcript.
Statement of prosecuting attorney if no information filed—
Court action.
10.16.145 Witnesses—Recognizances with sureties.
10.16.150 Recognizances for minors.
10.16.160 Witnesses—Failure to furnish recognizance—Commitment—
Deposition—Discharge.
Magistrates: Chapter 2.20 RCW.
Municipal judges as magistrates: RCW 35.20.020, 35.20.250.
10.16.080 Discharge of defendant—Frivolous
complaints. If it should appear upon the whole examination
that no offense has been committed, or that there is not
probable cause for charging the defendant with an offense,
he shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable
cause, and there was no reasonable ground therefor, the costs
shall be taxed against the party making the complaint.
[Code 1881 § 1925; 1873 p 395 § 223; 1854 p 107 § 31;
RRS § 1954.]
10.16.100 Abstract of costs forwarded with transcript. In all cases where any magistrate shall order a
defendant to recognize for his or her appearance before a
district or superior court, the magistrate shall forward with
the papers in the case, an abstract of the costs that have
accrued in the case, and such costs shall be subject to the
final determination of the case. [1987 c 202 § 163; Code
1881 § 1937; 1873 p 397 § 236; 1854 p 109 § 44; RRS §
1966.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.16.110 Statement of prosecuting attorney if no
information filed—Court action. It shall be the duty of the
prosecuting attorney of the proper county to inquire into and
make full examination of all the facts and circumstances
connected with any case of preliminary examination, as
provided by law, touching the commission of any offense
wherein the offender shall be committed to jail, or become
recognized or held to bail; and if the prosecuting attorney
shall determine in any such case that an information ought
not to be filed, he shall make, subscribe and file with the
clerk of the court a statement in writing containing his
reasons, in fact and in law, for not filing an information in
such case, and such statement shall be filed at and during the
session of court at which the offender shall be held for his
appearance: PROVIDED, That in such case such court may
examine such statement, together with the evidence filed in
the case, and if upon such examination the court shall not be
satisfied with such statement, the prosecuting attorney shall
be directed by the court to file the proper information and
bring the case to trial. [1890 p 102 § 6; RRS § 2053. Formerly RCW 10.16.110 and 10.16.120.]
10.16.145 Witnesses—Recognizances with sureties.
If the magistrate shall be satisfied that there is good cause to
believe that any such witness will not perform the condition
(2002 Ed.)
Chapter 10.16
of his recognizance unless other security be given, such
magistrate may order the witness to enter into recognizance
with such sureties as may be deemed necessary for his
appearance at court. [Code 1881 § 1930; 1873 p 396 § 229;
1854 p 108 § 37; RRS § 1960. Formerly codified in RCW
10.16.140, part.]
Rules of court: This section probably superseded by CrR 6.13. See
comment after CrR 6.13.
10.16.150 Recognizances for minors. When any
minor is a material witness, any other person may be
allowed to recognize for the appearance of such witness, or
the magistrate may, in his discretion, take the recognizance
of such minor in a sum not exceeding fifty dollars which
shall be valid and binding in law, notwithstanding the
disability of minority. [1973 1st ex.s. c 154 § 19; Code
1881 § 1931; 1873 p 396 § 230; 1854 p 108 § 38; RRS §
1961.]
Rules of court: This section probably superseded by CrR 6.13. See
comment after CrR 6.13.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
10.16.160 Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge. All
witnesses required to recognize with or without sureties
shall, if they refuse, be committed to the county jail by the
magistrate, there to remain until they comply with such
orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any
witness required to recognize with sureties is unable to
comply with such order, the magistrate shall immediately
take the deposition of such witness and discharge the witness
from custody upon the witness’ own recognizance. The
testimony of the witness shall be reduced to writing by a
district judge or some competent person under the judge’s
direction, and only the exact words of the witness shall be
taken; the deposition, except the cross-examination, shall be
in the narrative form, and upon the cross-examination the
questions and answers shall be taken in full. The defendant
must be present in person when the deposition is taken, and
shall have an opportunity to cross-examine the witnesses; the
defendant may make any objections to the admission of any
part of the testimony, and all objections shall be noted by the
district judge; but the district judge shall not decide as to the
admissibility of the evidence, but shall take all the testimony
offered by the witness. The deposition must be carefully
read to the witness, and any corrections the witness may
desire to make thereto shall be made in presence of the
defendant by adding the same to the deposition as first
taken; it must be signed by the witness, certified by the
district judge, and transmitted to the clerk of the superior
court, in the same manner as depositions in civil actions.
And if the witness is not present when required to testify in
the case, either before the grand jury or upon the trial in the
superior court, the deposition shall be submitted to the judge
of such superior court, upon the objections noted by the
district judge, and such judge shall suppress so much of said
deposition as such judge shall find to be inadmissible, and
the remainder of the deposition may be read as evidence in
the case, either before the grand jury or upon the trial in the
court. [1987 c 202 § 164; 1891 c 11 § 15; Code 1881 §
[Title 10 RCW—page 15]
10.16.160
Title 10 RCW: Criminal Procedure
1932; 1877 p 203 § 8; 1873 p 396 § 232; 1854 p 108 § 39;
RRS § 1962. Formerly RCW 10.16.160, 10.16.170, and
10.16.180.]
Rules of court: This section modified if not superseded by CrR 6.13. See
comment after CrR 6.13.
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 10.19
BAIL AND APPEARANCE BONDS
Sections
10.19.040
10.19.060
10.19.065
10.19.090
10.19.100
10.19.105
10.19.110
Officers authorized to take recognizance and approve bail.
Certification and filing of recognizances.
Taking and entering recognizances.
Forfeiture, exoneration of recognizances—Judgment—
Execution.
Stay of execution of forfeiture judgment—Bond.
Forfeiture judgment vacated on defendant’s production—
When.
Recognizances before district judge or magistrate—
Forfeiture—Action.
Actions not barred by defect of form or formality.
Return of bond to surety, when.
Liability of surety, limitation.
Surrender of person under surety’s bond.
Violent offenders—Reasons for release without bail.
10.19.120
10.19.140
10.19.150
10.19.160
10.19.170
Bail
arresting officer’s duties regarding: RCW 10.31.030.
pending appeal to supreme court: RCW 10.73.040.
traffic offenses, nonresidents: RCW 46.64.035.
Fugitives, bail: Chapter 10.88 RCW.
Recognizance
for stay of execution: RCW 10.82.020, 10.82.025.
to keep the peace as incidence of conviction of crime: RCW 10.64.070,
10.64.075.
Recognizances relative to preliminary hearings: Chapter 10.16 RCW.
10.19.040 Officers authorized to take recognizance
and approve bail. Any officer authorized to execute a
warrant in a criminal action, may take the recognizance and
justify and approve the bail; he may administer an oath and
examine the bail as to its sufficiency. [Code 1881 § 1034;
1873 p 229 § 214; 1854 p 114 § 78; RRS § 2087. FORMER PART OF SECTION: 1891 c 11 § 13; Code 1881 §
1927; 1873 p 395 § 225; 1854 p 108 § 33; RRS § 1957,
now codified in RCW 10.16.070.]
10.19.060 Certification and filing of recognizances.
Every recognizance taken by any peace officer must be
certified by him forthwith to the clerk of the court to which
the defendant is recognized. The clerk must thereupon
record the recognizance in the order book, and, from the
time of filing, it has the same effect as if taken in open
court. [Code 1881 § 1035; 1873 p 230 § 215; 1854 p 114
§ 79; RRS § 2088.]
10.19.065 Taking and entering recognizances.
Recognizances in criminal proceedings may be taken in open
court and entered on the order book. [Code 1881 § 1033;
1854 p 114 § 77; RRS § 2086.]
10.19.090
Forfeiture, exoneration of
recognizances—Judgment—Execution. In criminal cases
where a recognizance for the appearance of any person,
[Title 10 RCW—page 16]
either as a witness or to appear and answer, shall have been
taken and a default entered, the recognizance shall be
declared forfeited by the court, and at the time of adjudging
such forfeiture said court shall enter judgment against the
principal and sureties named in such recognizance for the
sum therein mentioned, and execution may issue thereon the
same as upon other judgments. If the surety is not notified
by the court in writing of the unexplained failure of the
defendant to appear within thirty days of the date for appearance, then the forfeiture shall be null and void and the
recognizance exonerated. [1986 c 322 § 2; Code 1881 §
1137; 1873 p 230 § 217; 1867 p 103 § 1; RRS § 2231.]
Severability—1986 c 322: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 322 § 6.]
10.19.100 Stay of execution of forfeiture judgment—Bond. The parties, or either of them, against whom
such judgment may be entered in the superior or supreme
courts, may stay said execution for sixty days by giving a
bond with two or more sureties, to be approved by the clerk,
conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before
the expiration of that time. [1891 c 28 § 86; Code 1881 §
1138; 1873 p 242 § 281; 1867 p 103 § 2; RRS § 2232.
FORMER PART OF SECTION: 1891 c 28 § 87; Code
1881 § 1139; 1867 p 103 § 3; RRS § 2233, now codified as
RCW 10.19.105.]
10.19.105 Forfeiture judgment vacated on
defendant’s production—When. If a bond be given and
execution stayed, as provided in RCW 10.19.100, and the
person for whose appearance such recognizance was given
shall be produced in court before the expiration of said
period of sixty days, the judge may vacate such judgment
upon such terms as may be just and equitable, otherwise
execution shall forthwith issue as well against the sureties in
the new bond as against the judgment debtors. [1891 c 28
§ 87; Code 1881 § 1139; 1867 p 103 § 3; RRS § 2233.
Formerly RCW 10.19.100, part.]
10.19.110 Recognizances before district judge or
magistrate—Forfeiture—Action. All recognizances taken
and forfeited before any district judge or magistrate, shall be
forthwith certified to the clerk of the superior court of the
county; and it shall be the duty of the prosecuting attorney
to proceed at once by action against all the persons bound in
such recognizances, and in all forfeited recognizances
whatever, or such of them as the prosecuting attorney may
elect to proceed against. [1987 c 202 § 165; Code 1881 §
1166; 1873 p 230 § 215; 1854 p 128 § 175; RRS § 2234.
FORMER PART OF SECTION: Code 1881 § 1936; 1873
p 397 § 235; 1863 p 390 § 216; 1859 p 141 § 185; 1854 p
109 § 43; RRS § 1965, now codified as RCW 10.16.190.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.19.120 Actions not barred by defect of form or
formality. No action brought on any recognizance, bail, or
appearance bond given in any criminal proceeding whatever
shall be barred or defeated, nor shall judgment be arrested
(2002 Ed.)
Bail and Appearance Bonds
thereon, by reason of any neglect or omission to note or
record the default of any principal or surety at the time when
such default shall happen, or by reason of any defect in the
form of the recognizance, if it sufficiently appear from the
tenor thereof at what court or before what district judge the
party or witness was bound to appear, and that the court or
magistrate before whom it was taken was authorized by law
to require and take such recognizance; and a recognizance
may be recorded after execution awarded. [1987 c 202 §
166; 1891 c 28 § 88; Code 1881 § 1167; 1854 p 129 § 176;
RRS § 2235. FORMER PART OF SECTION: Code 1881
§ 749; 1854 p 219 § 489; RRS § 777, now codified as RCW
19.72.170.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.19.140 Return of bond to surety, when. If a
forfeiture has been entered against a person in a criminal
case and the person is returned to custody or produced in
court within twelve months from the forfeiture, then the full
amount of the bond, less any and all costs determined by the
court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the
person to the jurisdiction of the court, shall be remitted to
the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement. [1986 c 322 § 3.]
Severability—1986 c 322: See note following RCW 10.19.090.
10.19.150 Liability of surety, limitation. The
liability of the surety is limited to the amount of the bond
when acting within the scope of the surety’s duties in issuing
the bond. [1986 c 322 § 4.]
Severability—1986 c 322: See note following RCW 10.19.090.
10.19.160 Surrender of person under surety’s bond.
The surety on the bond may return to custody a person in a
criminal case under the surety’s bond if the surrender is
accompanied by a notice of forfeiture or a notarized affidavit
specifying the reasons for the surrender. The surrender shall
be made to the facility in which the person was originally
held in custody or the county or city jail affiliated with the
court issuing the warrant resulting in bail. [1986 c 322 § 5.]
Severability—1986 c 322: See note following RCW 10.19.090.
10.19.170 Violent offenders—Reasons for release
without bail. Notwithstanding CrR 3.2, a court who
releases a defendant arrested or charged with a violent
offense as defined in RCW 9.94A.030 on the offender’s
personal recognizance or personal recognizance with conditions must state on the record the reasons why the court did
not require the defendant to post bail. [1996 c 181 § 1.]
Chapter 10.22
COMPROMISE OF MISDEMEANORS
Sections
10.22.010
10.22.020
10.22.030
(2002 Ed.)
When permitted—Exceptions.
Procedure—Costs.
Compromise in all other cases forbidden.
10.19.120
10.22.010 When permitted—Exceptions. When a
defendant is prosecuted in a criminal action for a misdemeanor, for which the person injured by the act constituting
the offense has a remedy by a civil action, the offense may
be compromised as provided in RCW 10.22.020, except
when it was committed:
(1) By or upon an officer while in the execution of the
duties of his office.
(2) Riotously;
(3) With an intent to commit a felony; or
(4) By one family or household member against another
as defined in RCW 10.99.020 and was a crime of domestic
violence as defined in RCW 10.99.020. [1999 c 143 § 45;
1989 c 411 § 3; Code 1881 § 1040; 1854 p 115 § 84; RRS
§ 2126. FORMER PART OF SECTION: Code 1881 §
1935; 1873 p 397 § 234; 1854 p 109 § 42; RRS § 1964,
now codified as RCW 10.16.135.]
10.22.020 Procedure—Costs. In such case, if the
party injured appear in the court in which the cause is
pending at any time before the final judgment therein, and
acknowledge, in writing, that he has received satisfaction for
the injury, the court may, in its discretion, on payment of the
costs incurred, order all proceedings to be discontinued and
the defendant to be discharged. The reasons for making the
order must be set forth therein and entered in the minutes.
Such order is a bar to another prosecution for the same
offense. [1891 c 28 § 63; Code 1881 §§ 1041, 1042; 1873
p 230 § 220; 1854 p 115 § 84; RRS § 2127.]
10.22.030 Compromise in all other cases forbidden.
No offense can be compromised, nor can any proceedings
for the prosecution or punishment thereof be stayed upon a
compromise, except as provided in this chapter. [1891 c 28
§ 64; Code 1881 § 1043; RRS § 2128.]
Chapter 10.25
JURISDICTION AND VENUE
Sections
10.25.065
10.25.070
10.25.130
10.25.140
Perjury outside the state.
Change of venue—Procedure.
Costs.
Change of venue by outside jury.
10.25.065 Perjury outside the state. Perjury committed outside of the state of Washington in a statement,
declaration, verification, or certificate authorized by RCW
9A.72.085 is punishable in the county in this state in which
occurs the act, transaction, matter, action, or proceeding, in
relation to which the statement, declaration, verification, or
certification was given or made. [1981 c 187 § 4.]
10.25.070 Change of venue—Procedure. The
defendant may show to the court, by affidavit, that he
believes he cannot receive a fair trial in the county where the
action is pending, owing to the prejudice of the judge, or to
excitement or prejudice against the defendant in the county
or some part thereof, and may thereupon demand to be tried
in another county. The application shall not be granted on
the ground of excitement or prejudice other than prejudice of
[Title 10 RCW—page 17]
10.25.070
Title 10 RCW: Criminal Procedure
the judge, unless the affidavit of the defendant be supported
by other evidence, nor in any case unless the judge is
satisfied the ground upon which the application is made does
exist. [1891 c 28 § 7; Code 1881 § 1072; 1854 p 117 § 98;
RRS § 2018.]
10.25.130 Costs. When a criminal case is transferred
to another county pursuant to this chapter the county from
which such case is transferred shall pay to the county in
which the case is tried all costs accrued for per diem and
mileage for jurors and witnesses and all other costs properly
charged to a convicted defendant. [1961 c 303 § 2.]
10.25.140 Change of venue by outside jury. When
a change of venue is ordered and the court, upon motion to
transfer a jury or in the absence of such motion, determines
that it would be more economical to move the jury than to
move the pending action and that justice will be served, a
change of venue shall be accomplished by the selection of a
jury in the county to which the venue would otherwise have
been transferred and the selected jury moved to the county
where the indictment or information was filed. [1981 c 205
§ 1.]
Chapter 10.27
GRAND JURIES—CRIMINAL INVESTIGATIONS
Sections
10.27.010
10.27.020
10.27.030
10.27.040
10.27.050
10.27.060
10.27.070
10.27.080
10.27.090
Short title—Purpose.
Definitions.
Summoning grand jury.
Selection of grand jury members.
Special inquiry judge—Selection.
Discharge of panel, juror—Grounds.
Oath—Officers—Witnesses.
Persons authorized to attend—Restrictions on attorneys.
Secrecy enjoined—Exceptions—Use and availability of evidence.
10.27.100 Inquiry as to offenses—Duties—Investigation.
10.27.110 Duration of sessions—Extensions.
10.27.120 Self-incrimination—Right to counsel.
10.27.130 Self-incrimination—Refusal to testify or give evidence—
Procedure.
10.27.140 Witnesses—Attendance.
10.27.150 Indictments—Issuance.
10.27.160 Grand jury report.
10.27.170 Special inquiry judge—Petition for order.
10.27.180 Special inquiry judge—Disqualification from subsequent
proceedings.
10.27.190 Special inquiry judge—Direction to public attorney for proceedings in another county—Procedure.
Interpreters—Legal proceedings: Chapter 2.42 RCW.
Juries: Chapter 2.36 RCW.
10.27.010 Short title—Purpose. This chapter shall be
known as the criminal investigatory act of 1971 and is
enacted on behalf of the people of the state of Washington
to serve law enforcement in combating crime and corruption.
[1971 ex.s. c 67 § 1.]
10.27.020 Definitions. For the purposes of this
chapter:
(1) The term "court" shall mean any superior court in
the state of Washington.
[Title 10 RCW—page 18]
(2) The term "public attorney" shall mean the prosecuting attorney of the county in which a grand jury or special
grand jury is impaneled; the attorney general of the state of
Washington when acting pursuant to RCW 10.27.070(9) and,
the special prosecutor appointed by the governor, pursuant to
RCW 10.27.070(10), and their deputies or special deputies.
(3) The term "indictment" shall mean a written accusation found by a grand jury.
(4) The term "principal" shall mean any person whose
conduct is being investigated by a grand jury or special
inquiry judge.
(5) The term "witness" shall mean any person summoned to appear before a grand jury or special inquiry judge
to answer questions or produce evidence.
(6) A "grand jury" consists of twelve persons, is
impaneled by a superior court and constitutes a part of such
court. The functions of a grand jury are to hear, examine
and investigate evidence concerning criminal activity and
corruption and to take action with respect to such evidence.
The grand jury shall operate as a whole and not by committee.
(7) A "special inquiry judge" is a superior court judge
designated by a majority of the superior court judges of a
county to hear and receive evidence of crime and corruption.
[1988 c 188 § 16; 1971 ex.s. c 67 § 2.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
10.27.030 Summoning grand jury. No grand jury
shall be summoned to attend at the superior court of any
county except upon an order signed by a majority of the
judges thereof. A grand jury shall be summoned by the
court, where the public interest so demands, whenever in its
opinion there is sufficient evidence of criminal activity or
corruption within the county or whenever so requested by a
public attorney, corporation counsel or city attorney upon
showing of good cause. [1971 ex.s. c 67 § 3.]
10.27.040 Selection of grand jury members.
Members of the grand jury shall be selected in the manner
provided in chapter 2.36 RCW. [1988 c 188 § 17; 1971
ex.s. c 67 § 4.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
10.27.050 Special inquiry judge—Selection. In
every county a superior court judge as designated by a
majority of the judges shall be available to serve as a special
inquiry judge to hear evidence concerning criminal activity
and corruption. [1971 ex.s. c 67 § 5.]
10.27.060 Discharge of panel, juror—Grounds.
Neither the grand jury panel nor any individual grand juror
may be challenged, but the court may:
(1) At any time before a grand jury is sworn discharge
the panel and summon another if it finds that the original
panel does not substantially conform to the requirements of
chapter 2.36 RCW; or
(2) At any time after a grand juror is drawn, refuse to
swear him, or discharge him after he has been sworn, upon
a finding that he is disqualified from service pursuant to
(2002 Ed.)
Grand Juries—Criminal Investigations
chapter 2.36 RCW, or incapable of performing his duties because of bias or prejudice, or guilty of misconduct in the
performance of his duties such as to impair the proper
functioning of the grand jury. [1971 ex.s. c 67 § 6.]
10.27.070 Oath—Officers—Witnesses. (1) When the
grand jury is impaneled, the court shall appoint one of the
jurors to be foreman, and also another of the jurors to act as
foreman in case of the absence of the foreman.
(2) The grand jurors must be sworn pursuant to the
following oath: "You, as grand jurors for the county of
. . . . . ., do solemnly swear (or affirm) that you will
diligently inquire into and true presentment make of all such
matters and things as shall come to your knowledge and you
will submit things truly as they come to your knowledge,
according to your charge the laws of this state and your
understanding; you shall indict no person through envy,
hatred, malice or political consideration; neither will you
leave any person unindicted through fear, favor, affection,
reward or the hope thereof or political consideration. The
counsel of the state, his advice, and that of your fellows you
shall keep secret."
(3) After a grand jury has been sworn, the court must
deliver or cause to be delivered to each grand juror a printed
copy of all the provisions of this chapter, and the court may
give the grand jurors any oral or written instructions, or
both, relating to the proper performance of their duties at
any time it deems necessary or appropriate.
(4) The court shall appoint a reporter to record the
proceedings before the grand jury or special inquiry judge,
and shall swear him not to disclose any testimony or the
name of any witness except as provided in RCW 10.27.090.
In addition, the foreman of the grand jury may, in his
discretion, select one of the grand jurors to act as secretary
to keep records of the grand jury’s business.
(5) The court, whenever necessary, shall appoint an
interpreter, and shall swear him not to disclose any testimony or the name of any witness except as provided in RCW
10.27.090.
(6) When a person held in official custody is a witness
before a grand jury or special inquiry judge, a public servant,
assigned to guard him during his appearance may accompany
him. The court shall swear such public servant not to
disclose any testimony or the name of any witness except as
provided in RCW 10.27.090.
(7) Proceedings of a grand jury shall not be valid unless
at least twelve of its members are present. The foreman or
acting foreman of the grand jury shall conduct proceedings
in an orderly manner and shall administer an oath or
affirmation in the manner prescribed by law to any witness
who shall testify before the grand jury.
(8) The legal advisers of a grand jury are the court and
public attorneys, and a grand jury may not seek or receive
legal advice from any other source. When necessary or
appropriate, the court or public attorneys or both must
instruct the grand jury concerning the law with respect to its
duties or any matter before it, and such instructions shall be
recorded by the reporter.
(9)(a) Upon request of the prosecuting attorney of the
county in which a grand jury or special inquiry judge is
impaneled, the attorney general shall assist such prosecuting
(2002 Ed.)
10.27.060
attorney in attending such grand jury or special inquiry
judge.
(b) Whenever directed by the court, the attorney general
shall supersede the prosecuting attorney in attending the
grand jury and in which event the attorney general shall be
responsible for the prosecution of any indictment returned by
the grand jury.
(c) When the attorney general is conducting a criminal
investigation pursuant to powers otherwise granted to him,
he shall attend all grand juries or special inquiry judges in
relation thereto and shall prosecute any indictments returned
by a grand jury.
(10) After consulting with the court and receiving its
approval, the grand jury may request the governor to appoint
a special prosecutor to attend the grand jury. The grand jury
shall in the request nominate three persons approved by the
court. From those nominated, the governor shall appoint a
special prosecutor, who shall supersede the prosecuting
attorney and the attorney general and who shall be responsible for the prosecution of any indictments returned by the
grand jury attended by him.
(11) A public attorney shall attend the grand jurors
when requested by them, and he may do so on his own
motion within the limitations of RCW 10.27.020(2),
10.27.070(9) and 10.27.070(10) hereof, for the purpose of
examining witnesses in their presence, or of giving the grand
jurors legal advice regarding any matter cognizable by them.
He shall also, when requested by them, draft indictments and
issue process for the attendance of witnesses.
(12) Subject to the approval of the court, the corporation
counsel or city attorney for any city or town in the county
where any grand jury has been convened may appear as a
witness before the grand jury to advise the grand jury of any
criminal activity or corruption within his jurisdiction. [1971
ex.s. c 67 § 7.]
10.27.080 Persons authorized to attend—
Restrictions on attorneys. No person shall be present at
sessions of the grand jury or special inquiry judge except the
witness under examination and his attorney, public attorneys,
the reporter, an interpreter, a public servant guarding a
witness who has been held in custody, if any, and, for the
purposes provided for in RCW 10.27.170, any corporation
counsel or city attorney. The attorney advising the witness
shall only advise such witness concerning his right to answer
or not answer any questions and the form of his answer and
shall not otherwise engage in the proceedings. No person
other than grand jurors shall be present while the grand
jurors are deliberating or voting. Any person violating either
of the above provisions may be held in contempt of court.
[1971 ex.s. c 67 § 8.]
10.27.090 Secrecy enjoined—Exceptions—Use and
availability of evidence. (1) Every member of the grand
jury shall keep secret whatever he or any other grand juror
has said, and how he or any other grand juror has voted,
except for disclosure of indictments, if any, as provided in
RCW 10.27.150.
(2) No grand juror shall be permitted to state or testify
in any court how he or any other grand juror voted on any
[Title 10 RCW—page 19]
10.27.090
Title 10 RCW: Criminal Procedure
question before them or what opinion was expressed by
himself or any other grand juror regarding such question.
(3) No grand juror, public or private attorney, city
attorney or corporation counsel, reporter, interpreter or public
servant who held a witness in custody before a grand jury or
special inquiry judge, or witness, principal or other person
shall disclose the testimony of a witness examined before the
grand jury or special inquiry judge or other evidence
received by it, except when required by the court to disclose
the testimony of the witness examined before the grand jury
or special inquiry judge for the purpose of ascertaining
whether it is consistent with that of the witness given before
the court, or to disclose his testimony given before the grand
jury or special inquiry judge by any person upon a charge
against such person for perjury in giving his testimony or
upon trial therefor, or when permitted by the court in
furtherance of justice.
(4) The public attorney shall have access to all grand
jury and special inquiry judge evidence and may introduce
such evidence before any other grand jury or any trial in
which the same may be relevant.
(5) The court upon a showing of good cause may make
any or all grand jury or special inquiry judge evidence
available to any other public attorney, prosecuting attorney,
city attorney or corporation counsel upon proper application
and with the concurrence of the public attorney attending
such grand jury. Any witness’ testimony, given before a
grand jury or a special inquiry judge and relevant to any
subsequent proceeding against the witness, shall be made
available to the witness upon proper application to the court.
The court may also, upon proper application and upon a
showing of good cause, make available to a defendant in a
subsequent criminal proceeding other testimony or evidence:
(a) when given or presented before a special inquiry
judge, if doing so is in the furtherance of justice; or
(b) when given or presented before a grand jury, if the
court finds that doing so is necessary to prevent an injustice
and that there is no reason to believe that doing so would
endanger the life or safety of any witness or his family. The
cost of any such transcript made available shall be borne by
the applicant. [1971 ex.s. c 67 § 9.]
10.27.100 Inquiry as to offenses—Duties—
Investigation. The grand jurors shall inquire into every
offense triable within the county for which any person has
been held to answer, if an indictment has not been found or
an information filed in such case, and all other indictable
offenses within the county which are presented to them by
a public attorney or otherwise come to their knowledge. If
a grand juror knows or has reason to believe that an indictable offense, triable within the county, has been committed,
he shall declare such a fact to his fellow jurors who may
begin an investigation. In such investigation the grand juror
may be sworn as a witness. [1971 ex.s. c 67 § 10.]
10.27.110 Duration of sessions—Extensions. The
length of time which a grand jury may sit after being
convened shall not exceed sixty days. Before expiration of
the sixty day period and any extensions, and upon showing
of good cause, the court may order the grand jury panel
[Title 10 RCW—page 20]
extended for a period not to exceed sixty days. [1971 ex.s.
c 67 § 11.]
10.27.120 Self-incrimination—Right to counsel.
Any individual called to testify before a grand jury or special
inquiry judge, whether as a witness or principal, if not
represented by an attorney appearing with the witness before
the grand jury or special inquiry judge, must be told of his
privilege against self-incrimination. Such an individual has
a right to representation by an attorney to advise him as to
his rights, obligations and duties before the grand jury or
special inquiry judge, and must be informed of this right.
The attorney may be present during all proceedings attended
by his client unless immunity has been granted pursuant to
RCW 10.27.130. After immunity has been granted, such an
individual may leave the grand jury room to confer with his
attorney. [1971 ex.s. c 67 § 12.]
10.27.130 Self-incrimination—Refusal to testify or
give evidence—Procedure. If in any proceedings before a
grand jury or special inquiry judge, a person refuses, or
indicates in advance a refusal, to testify or provide evidence
of any other kind on the ground that he may be incriminated
thereby, and if a public attorney requests the court to order
that person to testify or provide the evidence, the court shall
then hold a hearing and shall so order unless it finds that to
do so would be clearly contrary to the public interest, and
that person shall comply with the order. The hearing shall
be subject to the provisions of RCW 10.27.080 and
10.27.090, unless the witness shall request that the hearing
be public.
If, but for this section, he would have been privileged
to withhold the answer given or the evidence produced by
him, the witness may not refuse to comply with the order on
the basis of his privilege against self-incrimination; but he
shall not be prosecuted or subjected to criminal penalty or
forfeiture for or on account of any transaction, matter, or
fact concerning which he has been ordered to testify pursuant to this section. He may nevertheless be prosecuted for
failing to comply with the order to answer, or for perjury or
for offering false evidence to the grand jury. [1971 ex.s. c
67 § 13.]
10.27.140 Witnesses—Attendance. (1) Except as
provided in this section, no person has the right to appear as
a witness in a grand jury or special inquiry judge proceeding.
(2) A public attorney may call as a witness in a grand
jury or special inquiry judge proceeding any person believed
by him to possess information or knowledge relevant thereto
and may issue legal process and subpoena to compel his
attendance and the production of evidence.
(3) The grand jury or special inquiry judge may cause
to be called as a witness any person believed by it to possess
relevant information or knowledge. If the grand jury or
special inquiry judge desires to hear any such witness who
was not called by a public attorney, it may direct a public
attorney to issue and serve a subpoena upon such witness
and the public attorney must comply with such direction. At
any time after service of such subpoena and before the return
date thereof, however, the public attorney may apply to the
court which impaneled the grand jury for an order vacating
(2002 Ed.)
Grand Juries—Criminal Investigations
or modifying the subpoena on the grounds that such is in the
public interest. Upon such application, the court may in its
discretion vacate the subpoena, extend its return date, attach
reasonable conditions to directions, or make such other
qualification thereof as is appropriate.
(4) The proceedings to summon a person and compel
him to testify or provide evidence shall as far as possible be
the same as proceedings to summon witnesses and compel
their attendance. Such persons shall receive only those fees
paid witnesses in superior court criminal trials. [1971 ex.s.
c 67 § 14.]
10.27.150 Indictments—Issuance. After hearing,
examining and investigating the evidence before it, a grand
jury may, in its discretion, issue an indictment against a
principal. A grand jury shall find an indictment only when
from all the evidence at least three-fourths of the jurors are
convinced that there is probable cause to believe a principal
is guilty of a criminal offense. When an indictment is found
by a grand jury the foreman or acting foreman shall present
it to the court. [1971 ex.s. c 67 § 15.]
10.27.160 Grand jury report. The grand jury may
prepare its conclusions, recommendations and suggestions in
the form of a grand jury report. Such report shall be
released to the public only upon a determination by a
majority of the judges of the superior court of the county
court that (1) the findings in the report deal with matters of
broad public policy affecting the public interest and do not
identify or criticize any individual; (2) the release of the
report would be consistent with the public interest and
further the ends of justice; and (3) release of the report
would not prejudice any pending criminal investigation or
trial. [1971 ex.s. c 67 § 16.]
10.27.170 Special inquiry judge—Petition for order.
When any public attorney, corporation counsel or city
attorney has reason to suspect crime or corruption, within the
jurisdiction of such attorney, and there is reason to believe
that there are persons who may be able to give material
testimony or provide material evidence concerning such
suspected crime or corruption, such attorney may petition the
judge designated as a special inquiry judge pursuant to RCW
10.27.050 for an order directed to such persons commanding
them to appear at a designated time and place in said county
and to then and there answer such questions concerning the
suspected crime or corruption as the special inquiry judge
may approve, or provide evidence as directed by the special
inquiry judge. [1971 ex.s. c 67 § 17.]
10.27.180 Special inquiry judge—Disqualification
from subsequent proceedings. The judge serving as a
special inquiry judge shall be disqualified from acting as a
magistrate or judge in any subsequent court proceeding
arising from such inquiry except alleged contempt for
neglect or refusal to appear, testify or provide evidence at
such inquiry in response to an order, summons or subpoena.
[1971 ex.s. c 67 § 18.]
10.27.190 Special inquiry judge—Direction to
public attorney for proceedings in another county—
(2002 Ed.)
10.27.140
Procedure. Upon petition of a public attorney to the special
inquiry judge that there is reason to suspect that there exists
evidence of crime and corruption in another county, and with
the concurrence of the special inquiry judge and prosecuting
attorney of the other county, the special inquiry judge may
direct the public attorney to attend and participate in special
inquiry judge proceedings in the other county held to inquire
into crime and corruption which relates to crime or corruption under investigation in the initiating county. The
proceedings of such special inquiry judge may be transcribed, certified and filed in the county of the public
attorney’s jurisdiction at the expense of that county. [1971
ex.s. c 67 § 19.]
Chapter 10.29
STATEWIDE SPECIAL INQUIRY JUDGE ACT
Sections
10.29.010
10.29.020
10.29.030
Short title.
Intent.
Appointment of statewide special inquiry judge—
Procedure—Term—Confidentiality.
10.29.040 Scope of investigation and proceeding—Request for additional authority.
10.29.050 Powers and duties of statewide special inquiry judge.
10.29.060 Disclosures by witness—Penalty.
10.29.070 Rules.
10.29.080 Special prosecutor—Selection—Qualifications—Removal.
10.29.090 Operating budget—Contents—Audit.
10.29.100 Vacancy in office.
10.29.110 Duties of special prosecutor or designee.
10.29.120 Advising county prosecuting attorney—Filing and prosecution of informations—Expenses of prosecutions.
10.29.130 Disqualification of judge from subsequent proceedings.
10.29.900 Severability—1980 c 146.
Organized crime advisory board: RCW 43.43.858.
Special inquiry judge: RCW 10.27.050, 10.27.170 through 10.27.190.
10.29.010 Short title. This chapter shall be known
and may be cited as the Statewide Special Inquiry Judge
Act. [1980 c 146 § 1.]
10.29.020 Intent. It is the intent of the legislature in
enacting this chapter to strengthen and enhance the ability of
the state to detect and eliminate organized criminal activity.
[1980 c 146 § 2.]
10.29.030 Appointment of statewide special inquiry
judge—Procedure—Term—Confidentiality. (1) The
organized crime advisory board shall have the authority, by
a three-fourths vote at a regularly constituted meeting, to
petition the Washington state supreme court for an order
appointing a special inquiry judge as prescribed by this
section. Such vote may be on its own motion or pursuant to
a request from the prosecuting attorney of any county. In
the event of such request from a prosecuting attorney the
board shall vote on the question promptly. A petition filed
under this section shall state the general crimes or wrongs to
be inquired into and shall state the reasons why said crimes
or wrongs are such that a statewide special inquiry judge
should be authorized to investigate. The supreme court may
order the appointment of a statewide special inquiry judge,
in accordance with the petition, for a term of six calendar
[Title 10 RCW—page 21]
10.29.030
Title 10 RCW: Criminal Procedure
months. Upon petition by the special prosecutor, and with
the approval of the majority of the members of the organized
crime advisory board, the supreme court, by order, may
extend the term of the statewide special inquiry judge for
three months. The term of the statewide special inquiry
judge may subsequently be extended in the same manner for
additional three-month periods.
(2) If the petition is granted, the supreme court shall
designate a judge of a superior court to act as a special
inquiry judge. The supreme court shall ensure that sufficient
visiting judges are made available to the superior court from
which the appointment is made in order to compensate for
any loss of judicial time.
(3) All of the information and data collected and
processed by the organized crime advisory board and the
petition filed with the supreme court shall be confidential
and not subject to examination or publication pursuant to
chapter 42.17 RCW (Initiative Measure No. 276), as now
existing or hereafter amended, except as provided by rules
of the supreme court of Washington in the case of the
petition. [1980 c 146 § 3.]
10.29.040 Scope of investigation and proceeding—
Request for additional authority. The scope of the
investigation and of the special inquiry judge proceeding
shall be limited to the general crimes and wrongs specified
in the petition filed under RCW 10.29.030. The special
prosecutor or special inquiry judge, however, may request
authority to investigate other crimes by submitting a list of
such crimes to the organized crime advisory board which
may grant authorization to proceed by a three-fourths vote of
the membership. [1980 c 146 § 4.]
10.29.050 Powers and duties of statewide special
inquiry judge. A statewide special inquiry judge shall have
the following powers and duties:
(1) To hear and receive evidence of crime and corruption.
(2) To appoint a reporter to record the proceedings; and
to swear the reporter not to disclose any testimony or the
name of any witness except as provided in RCW 10.27.090.
(3) Whenever necessary, to appoint an interpreter, and
to swear him not to disclose any testimony or the name of
any witness except as provided in RCW 10.27.090.
(4) When a person held in official custody is a witness
before a statewide special inquiry judge, a public servant,
assigned to guard him during his appearance may accompany
him. The statewide special inquiry judge shall swear such
public servant not to disclose any testimony or the name of
any witness except as provided in RCW 10.27.090.
(5) To cause to be called as a witness any person
believed by him to possess relevant information or knowledge. If the statewide special inquiry judge desires to hear
any such witness who was not called by the special prosecutor, it may direct the special prosecutor to issue and serve a
subpoena upon such witness and the special prosecutor must
comply with such direction. At any time after service of
such subpoena and before the return date thereof, however,
the special prosecutor may apply to the statewide special
inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon
[Title 10 RCW—page 22]
such application, the statewide special inquiry judge may in
its discretion vacate the subpoena, extend its return date,
attach reasonable conditions to directions, or make such
other qualification thereof as is appropriate.
(6) Upon a showing of good cause may make available
any or all evidence obtained to any other public attorney,
prosecuting attorney, city attorney, or corporation counsel
upon proper application and with the concurrence of the
special prosecutor. Any witness’ testimony, given before a
statewide special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available
to the witness upon proper application to the statewide special inquiry judge. The statewide special inquiry judge may
also, upon proper application and upon a showing of good
cause, make available to a defendant in a subsequent
criminal proceeding other testimony or evidence when given
or presented before a special inquiry judge, if doing so is in
the furtherance of justice.
(7) Have authority to perform such other duties as may
be required to effectively implement this chapter, in accord
with rules adopted by the supreme court relating to these
proceedings.
(8) Have authority to hold in contempt of court any
person who shall disclose the name or testimony of a witness
examined before a statewide special inquiry judge except
when required by a court to disclose the testimony given
before such statewide special inquiry judge in a subsequent
criminal proceeding. [1980 c 146 § 5.]
10.29.060 Disclosures by witness—Penalty. Any
witness who shall disclose the fact that he or she has been
called as a witness before a statewide special inquiry judge
or who shall disclose the nature of the testimony given shall
be guilty of a misdemeanor. [1980 c 146 § 6.]
10.29.070 Rules. The supreme court shall develop
and adopt rules to govern the procedures of a statewide
special inquiry judge proceeding including rules assuring the
confidentiality of all proceedings, testimony, and the identity
of persons called as witnesses. The adoption of such rules
shall be subject to the approval of such rules by the senate
and house judiciary committees. [1980 c 146 § 7.]
10.29.080 Special prosecutor—Selection—
Qualifications—Removal. If the supreme court appoints a
statewide special inquiry judge under RCW 10.29.030, the
organized crime advisory board shall submit to the governor
the name of an individual who, with the consent of the
governor, shall serve as special prosecutor for the statewide
special inquiry judge proceeding. Any individual whose
name is submitted under this section to the governor shall be
licensed to practice law in the state of Washington and shall
have at least five years’ professional experience as one or
more of the following: (1) Prosecuting attorney; (2) deputy
prosecuting attorney; (3) United States attorney; or (4)
assistant United States attorney. No such person shall have
resided during the five years immediately preceding the
appointment in a county in which the statewide special
inquiry judge will likely be required to investigate crimes.
A special prosecutor appointed under this section shall be
removed only upon a majority recommendation of the
(2002 Ed.)
Statewide Special Inquiry Judge Act
organized crime advisory board and the consent of the
governor. [1980 c 146 § 8.]
10.29.090 Operating budget—Contents—Audit.
Within ten days of his or her appointment, a special prosecutor selected under this chapter shall submit to the organized
crime advisory board an operating budget to fund the
activities of his or her office. The budget may include, but
shall not be limited to, funds for the hiring of assistant
special prosecutors, investigators, and clerical staff. Upon
the approval of the budget by a majority of the members of
the board, the costs and expenses of the prosecutor’s
operating budget shall be paid for by the state out of the
organized crime prosecution revolving fund. Further
operating budgets shall be proposed, approved, and funded
pursuant to this section if the term of a statewide special
inquiry judge is extended pursuant to RCW 10.29.030.
Vouchers and other budget and accounting records of a
special inquiry judge proceeding including such records of
the special prosecutor shall be subject to audit by the state
auditor but shall not be public records within the meaning of
chapter 42.17 RCW. [1980 c 146 § 9.]
10.29.080
(4) The expenses of prosecutions initiated and maintained by the special prosecutor shall be paid as part of the
statewide special inquiry judge program as provided in RCW
10.29.090. [1980 c 146 § 12.]
10.29.130 Disqualification of judge from subsequent
proceedings. The judge serving as a special inquiry judge
shall be disqualified from acting as a magistrate or judge in
any subsequent court proceeding arising from such inquiry
except alleged contempt for neglect or refusal to appear, testify, or provide evidence at such inquiry in response to an
order, summons, or subpoena. [1980 c 146 § 13.]
10.29.900 Severability—1980 c 146. If any provision
of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1980 c 146 § 19.]
Chapter 10.31
WARRANTS AND ARRESTS
Organized crime prosecution revolving fund: RCW 43.43.866.
10.29.100 Vacancy in office. Whenever a statewide
special inquiry judge or special prosecutor appointed under
this chapter dies or in any other way is rendered incapable
of continuing the duties of his or her office, a successor shall
be appointed to serve for the remainder of the judge’s or
prosecutor’s term in the manner provided for by RCW
10.29.030 and 10.29.080 for the appointment of statewide
special inquiry judges and special prosecutors. [1980 c 146
§ 10.]
10.29.110 Duties of special prosecutor or designee.
The special prosecutor or his designee shall:
(1) Attend all proceedings of the statewide special
inquiry judge;
(2) Have the authority to issue subpoenas for witnesses
statewide;
(3) Examine witnesses, present evidence, draft reports
as directed by the statewide special inquiry judge, and draft
and file informations under RCW 10.29.120. [1980 c 146 §
11.]
10.29.120 Advising county prosecuting attorney—
Filing and prosecution of informations—Expenses of
prosecutions. (1) The special prosecutor shall advise the
county prosecuting attorney in any affected county of the
nature of the statewide special inquiry judge investigation
and of any informations arising from such proceedings
unless such disclosures will create a substantial likelihood of
a conflict of interest for the county prosecuting attorney.
(2) The special prosecutor may file and prosecute an
information in the county where proper venue lies, after
having advised the county prosecuting attorney as provided
in this section and determined that such prosecuting attorney
does not intend to do so, or pursuant to an agreement
between them that the special prosecutor shall do so.
(3) Informations filed and prosecuted pursuant to this
chapter shall meet the requirements of chapter 10.37 RCW.
(2002 Ed.)
Sections
10.31.030 Service—How—Warrant not in possession, procedure—Bail.
10.31.040 Officer may break and enter.
10.31.050 Officer may use force.
10.31.060 Arrest by telegraph or teletype.
10.31.100 Arrest without warrant.
Rules of court: Warrant upon indictment or information—CrR 2.2.
Search and seizure: Chapter 10.79 RCW.
10.31.030 Service—How—Warrant not in possession, procedure—Bail. The officer making an arrest must
inform the defendant that he acts under authority of a
warrant, and must also show the warrant: PROVIDED, That
if the officer does not have the warrant in his possession at
the time of arrest he shall declare that the warrant does
presently exist and will be shown to the defendant as soon
as possible on arrival at the place of intended confinement:
PROVIDED, FURTHER, That any officer making an arrest
under this section shall, if the person arrested wishes to
deposit bail, take such person directly and without delay
before a judge or before an officer authorized to take the
recognizance and justify and approve the bail, including the
deposit of a sum of money equal to bail. Bail shall be the
amount fixed by the warrant. Such judge or authorized
officer shall hold bail for the legal authority within this state
which issued such warrant if other than such arresting
authority. [1970 ex.s. c 49 § 3; 1891 c 28 § 43; Code 1881
§ 1030; 1873 p 229 § 210; 1854 p 114 § 74; RRS § 2083.]
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Bail: Chapter 10.19 RCW.
10.31.040 Officer may break and enter. To make an
arrest in criminal actions, the officer may break open any
outer or inner door, or windows of a dwelling house or other
building, or any other inclosure, if, after notice of his office
and purpose, he be refused admittance. [Code 1881 § 1170;
1854 p 129 § 179; RRS § 2082.]
[Title 10 RCW—page 23]
10.31.050
Title 10 RCW: Criminal Procedure
10.31.050 Officer may use force. If after notice of
the intention to arrest the defendant, he either flee or forcibly
resist, the officer may use all necessary means to effect the
arrest. [Code 1881 § 1031; 1873 p 229 § 211; 1854 p 114
§ 75; RRS § 2084.]
10.31.060 Arrest by telegraph or teletype. Whenever any person or persons shall have been indicted or accused
on oath of any public offense, or thereof convicted, and a
warrant of arrest shall have been issued, the magistrate
issuing such warrant, or any justice of the supreme court, or
any judge of either the court of appeals or superior court
may indorse thereon an order signed by him and authorizing
the service thereof by telegraph or teletype, and thereupon
such warrant and order may be sent by telegraph or teletype
to any marshal, sheriff, constable or policeman, and on the
receipt of the telegraphic or teletype copy thereof by any
such officer, he shall have the same authority and be under
the same obligations to arrest, take into custody and detain
the said person or persons, as if the said original warrant of
arrest, with the proper direction for the service thereof, duly
indorsed thereon, had been placed in his hands, and the said
telegraphic or teletype copy shall be entitled to full faith and
credit, and have the same force and effect in all courts and
places as the original; but prior to indictment and conviction,
no such order shall be made by any officer, unless in his
judgment there is probable cause to believe the said accused
person or persons guilty of the offense charged: PROVIDED, That the making of such order by any officer aforesaid,
shall be prima facie evidence of the regularity thereof, and
of all the proceedings prior thereto. The original warrant
and order, or a copy thereof, certified by the officer making
the order, shall be preserved in the telegraph office or police
agency from which the same is sent, and in telegraphing or
teletyping the same, the original or the said certified copy
may be used. [1971 c 81 § 48; 1967 c 91 § 1; Code 1881
§ 2357; 1865 p 75 § 16; RRS § 2081. Formerly RCW
10.31.060 through 10.31.090.]
10.31.100 Arrest without warrant. A police officer
having probable cause to believe that a person has committed or is committing a felony shall have the authority to
arrest the person without a warrant. A police officer may
arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is
committed in the presence of the officer, except as provided
in subsections (1) through (10) of this section.
(1) Any police officer having probable cause to believe
that a person has committed or is committing a misdemeanor
or gross misdemeanor, involving physical harm or threats of
harm to any person or property or the unlawful taking of
property or involving the use or possession of cannabis, or
involving the acquisition, possession, or consumption of
alcohol by a person under the age of twenty-one years under
RCW 66.44.270, or involving criminal trespass under RCW
9A.52.070 or 9A.52.080, shall have the authority to arrest
the person.
(2) A police officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has
probable cause to believe that:
[Title 10 RCW—page 24]
(a) An order has been issued of which the person has
knowledge under RCW 26.44.063, or chapter 10.99, 26.09,
26.10, 26.26, 26.50, or 74.34 RCW restraining the person
and the person has violated the terms of the order restraining
the person from acts or threats of violence, or restraining the
person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the
person from knowingly coming within, or knowingly
remaining within, a specified distance of a location or, in the
case of an order issued under RCW 26.44.063, imposing any
other restrictions or conditions upon the person; or
(b) A foreign protection order, as defined in RCW
26.52.010, has been issued of which the person under
restraint has knowledge and the person under restraint has
violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under
restraint from a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a
location, or a violation of any provision for which the
foreign protection order specifically indicates that a violation
will be a crime; or
(c) The person is sixteen years or older and within the
preceding four hours has assaulted a family or household
member as defined in RCW 10.99.020 and the officer
believes: (i) A felonious assault has occurred; (ii) an assault
has occurred which has resulted in bodily injury to the
victim, whether the injury is observable by the responding
officer or not; or (iii) that any physical action has occurred
which was intended to cause another person reasonably to
fear imminent serious bodily injury or death. Bodily injury
means physical pain, illness, or an impairment of physical
condition. When the officer has probable cause to believe
that family or household members have assaulted each other,
the officer is not required to arrest both persons. The officer
shall arrest the person whom the officer believes to be the
primary physical aggressor. In making this determination,
the officer shall make every reasonable effort to consider:
(i) The intent to protect victims of domestic violence under
RCW 10.99.010; (ii) the comparative extent of injuries
inflicted or serious threats creating fear of physical injury;
and (iii) the history of domestic violence between the
persons involved.
(3) Any police officer having probable cause to believe
that a person has committed or is committing a violation of
any of the following traffic laws shall have the authority to
arrest the person:
(a) RCW 46.52.010, relating to duty on striking an
unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless
driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons
under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle
while operator’s license is suspended or revoked;
(f) RCW 46.61.5249, relating to operating a motor
vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene
of a motor vehicle accident may arrest the driver of a motor
(2002 Ed.)
Warrants and Arrests
vehicle involved in the accident if the officer has probable
cause to believe that the driver has committed in connection
with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe
that a person has committed or is committing a violation of
RCW 79A.60.040 shall have the authority to arrest the
person.
(6) An officer may act upon the request of a law
enforcement officer in whose presence a traffic infraction
was committed, to stop, detain, arrest, or issue a notice of
traffic infraction to the driver who is believed to have
committed the infraction. The request by the witnessing
officer shall give an officer the authority to take appropriate
action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe
that a person has committed or is committing any act of
indecent exposure, as defined in RCW 9A.88.010, may arrest
the person.
(8) A police officer may arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has
probable cause to believe that an order has been issued of
which the person has knowledge under chapter 10.14 RCW
and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe
that a person has, within twenty-four hours of the alleged
violation, committed a violation of RCW 9A.50.020 may
arrest such person.
(10) A police officer having probable cause to believe
that a person illegally possesses or illegally has possessed a
firearm or other dangerous weapon on private or public
elementary or secondary school premises shall have the
authority to arrest the person.
For purposes of this subsection, the term "firearm" has
the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and
9.41.280(1) (c) through (e).
(11) Except as specifically provided in subsections (2),
(3), (4), and (6) of this section, nothing in this section
extends or otherwise affects the powers of arrest prescribed
in Title 46 RCW.
(12) No police officer may be held criminally or civilly
liable for making an arrest pursuant to RCW 10.31.100 (2)
or (8) if the police officer acts in good faith and without
malice. [2000 c 119 § 4; 1999 c 184 § 14; 1997 c 66 § 10;
1996 c 248 § 4. Prior: 1995 c 246 § 20; 1995 c 184 § 1;
1995 c 93 § 1; prior: 1993 c 209 § 1; 1993 c 128 § 5; 1988
c 190 § 1; prior: 1987 c 280 § 20; 1987 c 277 § 2; 1987 c
154 § 1; 1987 c 66 § 1; prior: 1985 c 303 § 9; 1985 c 267
§ 3; 1984 c 263 § 19; 1981 c 106 § 1; 1980 c 148 § 8; 1979
ex.s. c 28 § 1; 1969 ex.s. c 198 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: See note following RCW 26.50.010.
Effective date—1995 c 184: "This act shall take effect January 1,
1996. Prior to that date, law enforcement agencies, prosecuting authorities,
and local governments are encouraged to develop and adopt arrest and
charging guidelines regarding criminal trespass." [1995 c 184 § 2.]
Severability—Effective date—1993 c 128: See RCW 9A.50.901 and
9A.50.902.
Severability—1987 c 280: See RCW 10.14.900.
(2002 Ed.)
10.31.100
Effective date—Severability—1984 c 263: See RCW 26.50.901,
26.50.902.
Arrest procedure involving traffic violations: Chapter 46.64 RCW.
Domestic violence, peace officers—Immunity: RCW 26.50.140.
Uniform Controlled Substances Act: Chapter 69.50 RCW.
Chapter 10.34
FUGITIVES OF THIS STATE
Sections
10.34.010 Officer may arrest defendant in any county.
10.34.020 Escape—Retaking prisoner—Authority.
10.34.030 Escape—Retaking in foreign state—Extradition agents.
Escape: Chapter 9A.76 RCW.
Extradition and fresh pursuit: Chapter 10.88 RCW.
Return of parole violators from another state: RCW 9.95.280 through
9.95.300.
10.34.010 Officer may arrest defendant in any
county. If any person against whom a warrant may be
issued for an alleged offense, committed in any county, shall
either before or after the issuing of such warrant, escape
from, or be out of the county, the sheriff or other officer to
whom such warrant may be directed, may pursue and
apprehend the party charged, in any county in this state, and
for that purpose may command aid, and exercise the same
authority as in his own county. [Code 1881 § 1922; 1873 p
394 § 220; 1854 p 107 § 28; RRS § 1950.]
10.34.020 Escape—Retaking prisoner—Authority.
If a person arrested escape or be rescued, the person from
whose custody he made his escape, or was rescued, may
immediately pursue and retake him at any time, and within
any place in the state. To retake the person escaping or
rescued, the person pursuing has the same power to command assistance as given in cases of arrest. [Code 1881 §
1032; 1873 p 229 § 212; 1854 p 114 § 76; RRS § 2085.]
10.34.030 Escape—Retaking in foreign state—
Extradition agents. The governor may appoint agents to
make a demand upon the executive authority of any state or
territory for the surrender of any fugitive from justice, or any
other person charged with a felony or any other crime in this
state. Whenever an application shall be made to the governor for the appointment of an agent he may require the
official submitting the same to provide whatever information
is necessary prior to approval of the application. [1993 c
442 § 1; 1967 c 91 § 2; 1891 c 28 § 98; Code 1881 § 971;
1873 p 217 § 157; 1854 p 102 § 5; RRS § 2241.]
Effective date—1993 c 442: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 442 § 2.]
Chapter 10.37
ACCUSATIONS AND THEIR REQUISITES
Sections
10.37.010
10.37.015
10.37.040
Pleadings required in criminal proceedings.
Charge by information or indictment—Exceptions.
Indictment—Form.
[Title 10 RCW—page 25]
Chapter 10.37
Title 10 RCW: Criminal Procedure
10.37.050
10.37.052
10.37.054
10.37.056
Indictment or information—Sufficiency.
Indictment or information—Requisites.
Indictment or information—Certainty.
Indictment or information—Certain defects or imperfections
deemed immaterial.
10.37.060 Indictment or information—Separation into counts—
Consolidation.
10.37.070 Animals—Description of.
10.37.080 Forgery—Description of instrument.
10.37.090 Injury to person or intention concerning.
10.37.100 Judgment, how pleaded.
10.37.110 Larceny or embezzlement—Specification.
10.37.120 Libel—Innuendos—Publication.
10.37.130 Obscene literature—Description.
10.37.140 Perjury—Subornation of perjury—Description of matter.
10.37.150 Presumptions of law need not be stated.
10.37.160 Statute—Exact words need not be used.
10.37.170 Statute, private—Description.
10.37.190 Words and phrases—How used.
Rules of court: Rights of dependents—CrR 3.1 through 3.6.
Ownership of property, proof of: RCW 10.58.060.
10.37.010 Pleadings required in criminal proceedings. No pleading other than an indictment, information or
complaint shall be required on the part of the state in any
criminal proceedings in any court of the state, and when
such pleading is in the manner and form as provided by law
the defendant shall be required to plead thereto as prescribed
by law without any further action or proceedings of any kind
on the part of the state. [1925 ex.s. c 150 § 3; RRS § 20501. FORMER PARTS OF SECTION: (i) 1927 c 103 § 1;
Code 1881 § 764; RRS § 2023, now codified as RCW
10.37.015. (ii) 1909 c 87 § 1; 1891 c 117 § 1; 1890 p 100
§ 1; RRS § 2024, now codified as RCW 10.37.026. (iii)
1891 c 28 § 19; Code 1881 § 1003; 1873 p 224 § 186; 1869
p 240 § 181; RRS § 2054, now codified as RCW 10.37.025.]
10.37.015 Charge by information or indictment—
Exceptions. No person shall be held to answer in any court
for an alleged crime or offense, unless upon an information
filed by the prosecuting attorney, or upon an indictment by
a grand jury, except in cases of misdemeanor or gross
misdemeanor before a district or municipal judge, or before
a court martial. [1987 c 202 § 167; 1927 c 103 § 1; Code
1881 § 764; RRS § 2023. Formerly RCW 10.37.010, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.37.040 Indictment—Form. The indictment may
be substantially in the following form:
State of Washington
v.
A. . . . . B. . . . .
⎫
⎪
⎬
⎪
âŽ
Superior Court of
the State of
Washington for the
County of
..........
A. B. is accused by the grand jury of the . . . . . . . . . .,
by this indictment, of the crime of [here insert the name of
the crime, if it have one, such as treason, murder, arson,
manslaughter, or the like; or if it be a crime having no
general name, such as libel, assault and battery, and the like,
insert a brief description of it as given by law], committed
as follows:
The said A. B. on the . . . . day of . . . . . ., 19. . ., in
the county of . . . . . ., aforesaid, [here set forth the act
charged as a crime.]
[Title 10 RCW—page 26]
Dated at . . . . . ., in the county aforesaid, the . . . . day
of . . . . . ., A.D. 19. . .
(Signed) C. D., Prosecuting Attorney.
(Indorsed) A true bill.
(Signed) E. F., Foreman of the Grand Jury.
[1891 c 28 § 21; Code 1881 § 1005; 1873 p 225 § 188;
1869 p 240 § 183; RRS § 2056.]
10.37.050 Indictment or information—Sufficiency.
The indictment or information is sufficient if it can be
understood therefrom—
(1) That it is entitled in a court having authority to
receive it;
(2) That it was found by a grand jury or prosecuting
attorney of the county in which the court was held;
(3) That the defendant is named, or if his name cannot
be discovered, that he is described by a fictitious name or by
reference to a unique genetic sequence of deoxyribonucleic
acid, with the statement that his real name is unknown;
(4) That the crime was committed within the jurisdiction
of the court, except where, as provided by law, the act,
though done without the county in which the court is held,
is triable therein;
(5) That the crime was committed at some time previous
to the finding of the indictment or filing of the information,
and within the time limited by law for the commencement of
an action therefor;
(6) That the act or omission charged as the crime is
clearly and distinctly set forth in ordinary and concise
language, without repetition, and in such a manner as to
enable a person of common understanding to know what is
intended;
(7) The act or omission charged as the crime is stated
with such a degree of certainty as to enable the court to
pronounce judgment upon a conviction according to the right
of the case. [2000 c 92 § 3; 1891 c 28 § 29; Code 1881 §
1014; 1873 p 226 § 197; 1869 p 242 § 192; RRS § 2065.
FORMER PARTS OF SECTION: (i) 1891 c 28 § 20; Code
1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182; RRS §
2055, now codified as RCW 10.37.052. (ii) 1891 c 28 § 22;
Code 1881 § 1006; 1873 p 225 § 189; 1854 p 112 § 61;
1869 p 241 § 184; RRS § 2057, now codified as RCW
10.37.054. (iii) 1891 c 28 § 30; Code 1881 § 1015; 1873 p
227 § 198; 1869 p 242 § 193; RRS § 2066, now codified as
RCW 10.37.056.]
Intent—2000 c 92: See note following RCW 10.73.170.
10.37.052 Indictment or information—Requisites.
The indictment or information must contain—
(1) The title of the action, specifying the name of the
court to which the indictment or information is presented and
the names of the parties;
(2) A statement of the acts constituting the offense, in
ordinary and concise language, without repetition, and in
such manner as to enable a person of common understanding
to know what is intended. [1891 c 28 § 20; Code 1881 §
1004; 1873 p 224 § 187; 1869 p 240 § 182; RRS § 2055.
Formerly RCW 10.37.050, part.]
(2002 Ed.)
Accusations and Their Requisites
10.37.054 Indictment or information—Certainty.
The indictment or information must be direct and certain as
it regards:
(1) The party charged;
(2) The crime charged; and
(3) The particular circumstances of the crime charged,
when they are necessary to constitute a complete crime.
[1891 c 28 § 22; Code 1881 § 1006; 1873 p 225 § 189;
1869 p 241 § 184; 1854 p 112 § 61; RRS § 2057. Formerly
RCW 10.37.050, part.]
10.37.056 Indictment or information—Certain
defects or imperfections deemed immaterial. No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of
any of the following matters, which were formerly deemed
defects or imperfections:
(1) For want of an allegation of the time or place of any
material fact, when the time and place have been once
stated;
(2) For the omission of any of the following allegations,
namely: "With force and arms," "contrary to the form of the
statute or the statutes," or "against the peace and dignity of
the state;"
(3) For the omission to allege that the grand jury was
impaneled, sworn, or charged;
(4) For any surplusage or repugnant allegation or for
any repetition, when there is sufficient matter alleged to
indicate clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a
defect or imperfection, but which does not tend to the
prejudice of the substantial rights of the defendant upon the
merits. [1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 §
198; 1869 p 242 § 193; RRS § 2066. Formerly RCW
10.37.050, part.]
Ownership of property, proof of: RCW 10.58.060.
10.37.060 Indictment or information—Separation
into counts—Consolidation. When there are several
charges against any person, or persons, for the same act or
transaction, or for two or more acts or transactions connected
together, or for two or more acts or transactions of the same
class of crimes or offenses, which may be properly joined,
instead of having several indictments or informations the
whole may be joined in one indictment, or information, in
separate counts; and, if two or more indictments are found,
or two or more informations filed, in such cases, the court
may order such indictments or informations to be consolidated. [1925 ex.s. c 109 § 1; 1891 c 28 § 24; Code 1881 §
1008; 1873 p 225 § 191; 1869 p 241 § 186; RRS § 2059.]
10.37.070 Animals—Description of. When the crime
involves the taking of or injury to an animal the indictment
or information is sufficiently certain in that respect if it
describes the animal by the common name of its class.
[1891 c 28 § 26; Code 1881 § 1011; 1873 p 226 § 194;
1869 p 241 § 189; RRS § 2062.]
Crimes relating to animals: Chapter 9.08 RCW.
Larceny: Chapter 9A.56 RCW.
(2002 Ed.)
10.37.054
10.37.080 Forgery—Description of instrument.
When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by
the act or procurement of the defendant, and the fact of the
destruction or withholding is alleged in the indictment or
information, and established on the trial, the misdescription
of the instrument is immaterial. [1891 c 28 § 35; Code 1881
§ 1020; 1873 p 227 § 203; 1854 p 113 § 68; RRS § 2071.]
Forgery: Chapter 9A.60 RCW.
10.37.090 Injury to person or intention concerning.
When the crime involves the commission of, or an attempt
to commit a private injury, and is described with sufficient
certainty in other respects to identify the act, an erroneous
allegation as to the person injured or intended to be injured
is not material. [Code 1881 § 1010; 1873 p 226 § 193; 1869
p 241 § 188; RRS § 2061.]
10.37.100 Judgment, how pleaded. In pleading a
judgment or other determination of or proceeding before a
court or officer of special jurisdiction, it is not necessary to
state in the indictment or information the facts conferring
jurisdiction; but the judgment, determination or proceeding
may be stated to have been duly given or made. The facts
conferring jurisdiction, however, must be established on the
trial. [1891 c 28 § 32; Code 1881 § 1017; 1873 p 227 §
200; 1869 p 242 § 195; 1854 p 112 § 65; RRS § 2068.]
10.37.110 Larceny or embezzlement—Specification.
In an indictment or information for larceny or embezzlement
of money, bank notes, certificates of stock, or valuable
securities, or for a conspiracy to cheat or defraud a person
of any such property, it is sufficient to allege the larceny or
embezzlement, or the conspiracy to cheat and defraud, to be
of money, bank notes, certificates of stock, or valuable
securities, without specifying the coin, number, denomination
or kind thereof. [1891 c 28 § 38; Code 1881 § 1023; RRS
§ 2074.]
Larceny: Chapter 9A.56 RCW.
Ownership of property, proof of: RCW 10.58.060.
10.37.120 Libel—Innuendos—Publication. An
indictment or information for libel need not set forth any
extrinsic facts, for the purpose of showing the application to
the party libeled of the defamatory matter on which the
indictment or information is founded; but it is sufficient to
state generally that the same was published concerning him;
and the fact that it was so published must be established on
the trial. [1891 c 28 § 34; Code 1881 § 1019; 1873 p 227
§ 202; 1869 p 243 § 197; RRS § 2070.]
Libel: Chapter 9.58 RCW.
10.37.130 Obscene literature—Description. An
indictment or information for exhibiting, publishing, passing,
selling, or offering to sell, or having in possession with such
intent, any lewd or obscene book, pamphlet, picture, print,
card, paper, or writing, need not set forth any portion of the
language used or figures shown upon such book, pamphlet,
picture, print, card, paper, or writing, but it is sufficient to
[Title 10 RCW—page 27]
10.37.130
Title 10 RCW: Criminal Procedure
state generally the fact of the lewdness or obscenity thereof.
[1891 c 28 § 39; Code 1881 § 1024; RRS § 2075.]
Obscenity: Chapter 9.68 RCW.
10.37.140 Perjury—Subornation of perjury—
Description of matter. In an indictment or information for
perjury, or subornation of perjury, it is sufficient to set forth
the substance of the controversy or matter in respect to
which the crime was committed, and in what court or before
whom the oath alleged to be false was taken, and that the
court or person before whom it was taken had authority to
administer it, with proper allegations of the falsity of the
matter on which the perjury is assigned; but the indictment
or information need not set forth the pleadings, record or
proceedings with which the oath is connected, nor the
commission or authority of the court or person before whom
the perjury was committed. [1891 c 28 § 36; Code 1881 §
1021; 1873 p 228 § 204; 1869 p 243 § 199; 1854 p 112 §
67; RRS § 2072.]
Perjury: Chapter 9A.72 RCW.
10.37.150 Presumptions of law need not be stated.
Neither presumptions of law nor matters of which judicial
notice is taken need be stated in an indictment or information. [1891 c 28 § 31; Code 1881 § 1016; 1873 p 227 §
199; 1869 p 242 § 194; RRS § 2067.]
10.37.160 Statute—Exact words need not be used.
Words used in a statute to define a crime need not be strictly
pursued in the indictment or information, but other words
conveying the same meaning may be used. [1891 c 28 § 28;
Code 1881 § 1013; 1873 p 226 § 196; 1869 p 241 § 191;
RRS § 2064.]
10.37.170 Statute, private—Description. In pleading
a private statute, or right derived therefrom, it is sufficient to
refer, in the indictment or information, to the statute by its
title and the day of its passage, and the court must thereupon
take judicial notice thereof. [1891 c 28 § 33; Code 1881 §
1018; 1873 p 227 § 201; 1869 p 243 § 196; 1854 p 112 §
66; RRS § 2069.]
10.37.190 Words and phrases—How used. The
words used in an indictment or information must be construed in their usual acceptation, in common language,
except words and phrases defined by law, which are to be
construed according to their legal meaning. [1891 c 28 § 27;
Code 1881 § 1012; 1873 p 227 § 195; 1869 p 241 § 190;
RRS § 2063.]
Chapter 10.40
ARRAIGNMENT
Sections
10.40.050
10.40.060
10.40.070
10.40.075
10.40.090
10.40.100
10.40.110
Entry and use of true name.
Pleading to arraignment.
Motion to set aside indictment.
Motion to set aside indictment—Grounds not allowed, when.
Sustaining motion—Effect of.
Overruling motion—Pleading over.
Demurrer to indictment or information.
[Title 10 RCW—page 28]
10.40.120
10.40.125
10.40.140
10.40.170
10.40.180
10.40.190
10.40.200
Sustaining demurrer—When final.
Sustaining demurrer, etc.—When not final.
Overruling demurrer—Pleading over.
Plea of guilty.
Plea of not guilty.
Refusal to answer.
Deportation of aliens upon conviction—Advisement—
Legislative intent.
Rules of court: Arraignment—CrR 4.1.
10.40.050 Entry and use of true name. If he alleges
that another name is his true name it must be entered in the
minutes of the court, and the subsequent proceedings on the
indictment or information may be had against him by that
name, referring also to the name by which he is indicted or
informed against. [1891 c 28 § 49; Code 1881 § 1065; 1873
p 232 § 227; 1854 p 116 § 91; RRS § 2097.]
Action on discovery of true name: RCW 10.46.060.
10.40.060 Pleading to arraignment. In answer to the
arraignment, the defendant may move to set aside the
indictment or information, or he may demur or plead to it,
and is entitled to one day after arraignment in which to
answer thereto if he demand it. [1891 c 28 § 50; Code 1881
§ 1045; RRS § 2098.]
10.40.070 Motion to set aside indictment. The
motion to set aside the indictment can be made by the
defendant on one or more of the following grounds, and
must be sustained:
(1) When any person, other than the grand jurors, was
present before the grand jury when the question was taken
upon the finding of the indictment, or when any person,
other than the grand jurors, was present before the grand
jury during the investigation of the charge, except as
required or permitted by law;
(2) If the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law. [1983 c
3 § 12; 1957 c 10 § 1; Code 1881 § 1046; RRS § 2099.
FORMER PART OF SECTION: Code 1881 § 1047; RRS
§ 2100, now codified as RCW 10.40.075.]
10.40.075 Motion to set aside indictment—Grounds
not allowed, when. The ground of the motion to set aside
the indictment mentioned in the fourth subdivision of RCW
10.40.070 is not allowed to a defendant who has been held
to answer before indictment. [Code 1881 § 1047; RRS §
2100. Formerly RCW 10.40.070, part.]
10.40.090 Sustaining motion—Effect of. An order
to set aside the indictment or information as provided in this
chapter shall be no bar to a future prosecution for the same
offense. [1891 c 28 § 54; Code 1881 § 1050; RRS § 2104.]
10.40.100 Overruling motion—Pleading over. If the
motion to set aside the indictment [or information] be
denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.
[1891 c 28 § 52; Code 1881 § 1048; RRS § 2102.]
(2002 Ed.)
Arraignment
10.40.110 Demurrer to indictment or information.
The defendant may demur to the indictment or information
when it appears upon its face either—
(1) That it does not substantially conform to the
requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any
matter which, if true, would constitute a defense or other
legal bar to the action. [1891 c 28 § 55; Code 1881 § 1051;
RRS § 2105.]
10.40.120 Sustaining demurrer—When final. If the
demurrer is sustained because the indictment or information
contains matter which is a legal defense or bar to the action,
the judgment shall be final, and the defendant must be
discharged. [1891 c 28 § 56; Code 1881 § 1052; RRS §
2106. FORMER PART OF SECTION: 1891 c 28 § 61;
Code 1881 § 1060; RRS § 2114, now codified as RCW
10.40.125.]
10.40.125 Sustaining demurrer, etc.—When not
final. The judgment for the defendant on a demurrer to the
indictment or information, except where it is otherwise
provided, or for an objection taken at the trial to its form or
substance, or for variance between the indictment or information and the proof, shall not bar another prosecution for
the same offense. [1891 c 28 § 61; Code 1881 § 1060; RRS
§ 2114. Formerly RCW 10.40.120, part.]
10.40.140 Overruling demurrer—Pleading over. If
the demurrer is overruled the defendant has a right to put in
a plea. If he fails to do so, judgment may be rendered
against him on the demurrer, and, if necessary, a jury may
be impaneled to inquire and ascertain the degree of the
offense. [Code 1881 § 1053; RRS § 2107.]
10.40.170 Plea of guilty. The plea of guilty can only
be put in by the defendant himself in open court. [Code
1881 § 1056; RRS § 2110. FORMER PART OF SECTION:
Code 1881 § 1057; RRS § 2111, now codified as RCW
10.40.175.]
10.40.180 Plea of not guilty. The plea of not guilty
is a denial of every material allegation in the indictment or
information; and all matters of fact may be given in evidence
under it, except a former conviction or acquittal. [1891 c 28
§ 59; Code 1881 § 1058; RRS § 2112.]
10.40.190 Refusal to answer. If the defendant fail or
refuse to answer the indictment or information by demurrer
or plea, a plea of not guilty must be entered by the court.
[1891 c 28 § 62; Code 1881 § 1061; 1873 p 232 § 224;
1854 p 116 § 88; RRS § 2115.]
10.40.200 Deportation of aliens upon conviction—
Advisement—Legislative intent. (1) The legislature finds
and declares that in many instances involving an individual
who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty
(2002 Ed.)
10.40.110
is entered without the defendant knowing that a conviction
of such offense is grounds for deportation, exclusion from
admission to the United States, or denial of naturalization
pursuant to the laws of the United States. Therefore, it is
the intent of the legislature in enacting this section to
promote fairness to such accused individuals by requiring in
such cases that acceptance of a guilty plea be preceded by an
appropriate warning of the special consequences for such a
defendant which may result from the plea. It is further the
intent of the legislature that at the time of the plea no
defendant be required to disclose his or her legal status to
the court.
(2) Prior to acceptance of a plea of guilty to any offense
punishable as a crime under state law, except offenses
designated as infractions under state law, the court shall
determine that the defendant has been advised of the
following potential consequences of conviction for a defendant who is not a citizen of the United States: Deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States. A
defendant signing a guilty plea statement containing the
advisement required by this subsection shall be presumed to
have received the required advisement. If, after September
1, 1983, the defendant has not been advised as required by
this section and the defendant shows that conviction of the
offense to which the defendant pleaded guilty may have the
consequences for the defendant of deportation, exclusion
from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the
court, on defendant’s motion, shall vacate the judgment and
permit the defendant to withdraw the plea of guilty and enter
a plea of not guilty. Absent a written acknowledgement by
the defendant of the advisement required by this subsection,
the defendant shall be presumed not to have received the
required advisement.
(3) With respect to pleas accepted prior to September 1,
1983, it is not the intent of the legislature that a defendant’s
failure to receive the advisement required by subsection (2)
of this section should require the vacation of judgment and
withdrawal of the plea or constitute grounds for finding a
prior conviction invalid. [1983 c 199 § 1.]
Notice to courts—Rules—Forms: "The office of the administrator
for the courts shall notify all courts of the requirements contained in RCW
10.40.200. The judicial council shall recommend to the supreme court
appropriate court rules to ensure compliance with the requirements of RCW
10.40.200. Until court rules are promulgated, the office of the administrator
for the courts shall develop and distribute forms necessary for the courts to
comply with RCW 10.40.200." [1983 c 199 § 2.]
Effective date—1983 c 199 § 1: "Section 1 of this act shall take
effect on September 1, 1983." [1983 c 199 § 3.]
Chapter 10.43
FORMER ACQUITTAL OR CONVICTION
Sections
10.43.020 Offense embraces lower degree and included offenses.
10.43.030 Conviction or acquittal in other county.
10.43.040 Foreign conviction or acquittal.
10.43.050 Acquittal, when a bar.
Discharge of codefendant as bar to further prosecution: RCW 10.46.110.
Double jeopardy: State Constitution Art. 1 § 9.
[Title 10 RCW—page 29]
10.43.020
Title 10 RCW: Criminal Procedure
10.43.020 Offense embraces lower degree and
included offenses. When the defendant has been convicted
or acquitted upon an indictment or information of an offense
consisting of different degrees, the conviction or acquittal
shall be a bar to another indictment or information for the
offense charged in the former, or for any lower degree of
that offense, or for an offense necessarily included therein.
[1891 c 28 § 74; Code 1881 § 1096; 1873 p 238 § 257;
1854 p 120 § 121; RRS § 2166.]
Bar as to prosecution for same crime in another degree, or attempt: RCW
10.43.050.
10.43.030 Conviction or acquittal in other county.
Whenever, upon the trial of any person for a crime, it shall
appear that the defendant has already been acquitted or
convicted upon the merits, of the same crime, in a court
having jurisdiction of such offense in another county of this
state, such former acquittal or conviction is a sufficient
defense. [1909 c 249 § 20; RRS § 2272.]
10.43.040 Foreign conviction or acquittal. Whenever, upon the trial of any person for a crime, it appears that
the offense was committed in another state or country, under
such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding
conducted under the criminal laws of such state or country,
founded upon the act or omission with respect to which he
is upon trial, such former acquittal or conviction is a
sufficient defense. Nothing in this section affects or prevents a prosecution in a court of this state of any person who
has received administrative or nonjudicial punishment,
civilian or military, in another state or country based upon
the same act or omission. [1999 c 141 § 1; 1909 c 249 §
19; RRS § 2271.]
10.43.050 Acquittal, when a bar. No order of
dismissal or directed verdict of not guilty on the ground of
a variance between the indictment or information and the
proof, or on the ground of any defect in such indictment or
information, shall bar another prosecution for the same
offense. Whenever a defendant shall be acquitted or
convicted upon an indictment or information charging a
crime consisting of different degrees, he cannot be proceeded
against or tried for the same crime in another degree, nor for
an attempt to commit such crime, or any degree thereof.
[1909 c 249 § 64; Code 1881 § 769; RRS § 2316.]
Offense embraces lower degree and included offenses: RCW 10.43.020.
Ownership of property—Proof of: RCW 10.58.060.
Chapter 10.46
SUPERIOR COURT TRIAL
Sections
10.46.020
10.46.060
10.46.070
10.46.080
10.46.085
10.46.110
10.46.190
10.46.200
Trial docket.
True name inserted in proceedings.
Conduct of trial—Generally.
Continuances.
Continuances not permitted in certain cases.
Discharging defendant to give evidence.
Liability of convicted person for costs—Jury fee.
Costs allowed to acquitted or discharged defendant.
[Title 10 RCW—page 30]
10.46.210
Taxation of costs on acquittal or discharge—Generally—
Frivolous complaints.
10.46.220 Cost bills in felony cases—Certification.
10.46.230 Cost bills in felony cases—Payment.
Criminal rules for superior court: Rules of court: Superior Court
Criminal Rules (CrR).
Superior court rules: State Constitution Art. 4 § 24.
10.46.020 Trial docket. The clerk shall, in preparing
the docket of criminal cases, enumerate the indictments and
informations pending according to the date of their filing,
specifying opposite to the title of each action whether it be
for a felony or misdemeanor, and whether the defendant be
in custody or on bail; and shall, in like manner, enter therein
all indictments and informations on which issues of fact are
joined, all cases brought to the court on change of venue
from other counties, and all cases pending upon appeal from
inferior courts. [1891 c 28 § 65; Code 1881 § 1044; 1873
p 231 § 222; 1854 p 115 § 86; RRS § 2134.]
10.46.060 True name inserted in proceedings.
When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage
of the proceedings his true name is discovered, it may be
inserted in the subsequent proceedings, referring to the fact
of his being indicted or informed against by the name
mentioned in the indictment or information. [1891 c 28 §
23; Code 1881 § 1007; 1873 p 225 § 190; 1869 p 241 §
185; RRS § 2058.]
True name: RCW 10.40.050.
10.46.070 Conduct of trial—Generally. The court
shall decide all questions of law which shall arise in the
course of the trial, and the trial shall be conducted in the
same manner as in civil actions. [1891 c 28 § 70; Code
1881 § 1088; 1873 p 237 § 249; 1854 p 119 § 111; RRS §
2158. FORMER PART OF SECTION: 1891 c 28 § 66,
part; Code 1881 § 1078; 1873 p 236 § 239; 1854 p 118 §
101; RRS § 2137, part, now codified as RCW 10.49.020.]
Rules of court: This section superseded, in part, by CrR 6. See comment
preceding CrR 6.1.
10.46.080 Continuances. A continuance may be
granted in any case on the ground of the absence of evidence
on the motion of the defendant supported by affidavit
showing the materiality of the evidence expected to be
obtained, and that due diligence has been used to procure it;
and also the name and place of residence of the witness or
witnesses; and the substance of the evidence expected to be
obtained, and if the prosecuting attorney admit that such
evidence would be given, and that it be considered as
actually given on the trial or offered and overruled as
improper the continuance shall not be granted. [Code 1881
§ 1077; 1877 p 206 § 7; RRS § 2135.]
10.46.085 Continuances not permitted in certain
cases. When a defendant is charged with a crime which
constitutes a violation of RCW 9A.64.020 or chapter 9.68,
9.68A, or 9A.44 RCW, and the alleged victim of the crime
is a person under the age of eighteen years, neither the
defendant nor the prosecuting attorney may agree to extend
(2002 Ed.)
Superior Court Trial
the originally scheduled trial date unless the court within its
discretion finds that there are substantial and compelling
reasons for a continuance of the trial date and that the
benefit of the postponement outweighs the detriment to the
victim. The court may consider the testimony of lay
witnesses and of expert witnesses, if available, regarding the
impact of the continuance on the victim. [1989 c 332 § 7.]
Finding—1989 c 332: "The legislature finds that treatment of the
emotional problems of child sexual abuse victims may be impaired by
lengthy delay in trial of the accused and the resulting delay in testimony of
the child victim. The trauma of the abusive incident is likely to be
exacerbated by requiring testimony from a victim who has substantially
completed therapy and is forced to relive the incident. The legislature finds
that it is necessary to prevent, to the extent reasonably possible, lengthy and
unnecessary delays in trial of a person charged with abuse of a minor."
[1989 c 332 § 6.]
10.46.110 Discharging defendant to give evidence.
When two or more persons are included in one prosecution,
the court may, at any time before the defendant has gone
into his defense, direct any defendant to be discharged, that
he may be a witness for the state. A defendant may also,
when there is not sufficient evidence to put him on his
defense, at any time before the evidence is closed, be discharged by the court, for the purpose of giving evidence for
a codefendant. The order of discharge is a bar to another
prosecution for the same offense. [Code 1881 § 1092; 1873
p 237 § 253; 1854 p 120 § 117; RRS § 2162.]
Conviction or acquittal—Several defendants: RCW 10.61.035.
10.46.190 Liability of convicted person for costs—
Jury fee. Every person convicted of a crime or held to bail
to keep the peace shall be liable to all the costs of the
proceedings against him, including, when tried by a jury in
the superior court, a jury fee as provided for in civil actions,
and when tried by a jury before a committing magistrate,
twenty-five dollars for jury fee, for which judgment shall be
rendered and collection had as in cases of fines. The jury
fee, when collected for a case tried by the superior court,
shall be paid to the clerk, to be by him applied as the jury
fee in civil cases is applied. [1977 ex.s. c 248 § 1; 1977
ex.s. c 53 § 1; 1961 c 304 § 8; Code 1881 § 2105; 1869 p
418 § 3; RRS § 2227.]
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.
10.46.200 Costs allowed to acquitted or discharged
defendant. No prisoner or person under recognizance who
shall be acquitted by verdict or discharged because no
indictment is found against him, or for want of prosecution,
shall be liable for any costs or fees of any officer or for any
charge of subsistence while he was in custody, but in every
such case the fees of the defendant’s witnesses, and of the
officers for services rendered at the request of the defendant;
and charges for subsistence of the defendant while in
custody shall be taxed and paid as other costs and charges in
such cases. [Code 1881 § 1168; 1877 p 207 § 10; 1854 p
129 § 177; RRS § 2236.]
10.46.210 Taxation of costs on acquittal or discharge—Generally—Frivolous complaints. When any
person shall be brought before a court or other committing
magistrate of any county, city or town in this state, having
jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon
examination shall appear to be unfounded, no costs shall be
payable by such acquitted party, but the same shall be
chargeable to the county, city or town for or in which the
said complaint is triable, but if the court or other magistrate
trying said charge, shall decide the complaint was frivolous
or malicious, the judgment or verdict shall also designate
who is the complainant, and may adjudge that said complainant pay the costs. In such cases a judgment shall thereupon
be entered for the costs against said complainant, who shall
stand committed until such costs be paid or discharged by
due process of law. [1987 c 202 § 168; Code 1881 § 2103;
1869 p 418 § 1; RRS § 2225.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.46.220 Cost bills in felony cases—Certification.
In all convictions for felony, whether capital or punishable
by imprisonment in the penitentiary, the clerk of the superior
court shall forthwith, after sentence, tax the costs in the case.
The cost bill shall be made out in triplicate, and be examined
by the prosecuting attorney of the county in which the trial
was had. After which the judge of the superior court shall
allow and approve such bill or so much thereof, as is
allowable by law. The clerk of the superior court shall
thereupon, under his hand, and under the seal of the court,
certify said triplicate cost bills, and shall file one with the
papers of cause, and shall transmit one to the administrator
for the courts and one to the county auditor of the county in
which said felony was committed. [1979 c 129 § 1; 1883 p
35 § 1; Code 1881 § 2106; RRS § 2228.]
10.46.230 Cost bills in felony cases—Payment.
Upon the receipt of the cost bill, as provided for in the
preceding section, the county auditor shall draw warrants for
the amounts due each person, as certified in said cost bill,
which warrants shall be paid as other county warrants are
paid. On receipt of the certified copy of said cost bill, the
administrator for the courts shall examine and audit said bill
and allow the payment by the state of statutorily required
witness fees in cases where conviction of a felony is
obtained and the defendant is sentenced to pay a fine or is
given a prison sentence even if the sentence is deferred or
suspended. Payment shall be allowed by the administrator
for the courts in such cases even when the conviction is
subsequently reversed or if a new trial is granted. [1979 c
129 § 2; 1883 p 35 § 1; Code 1881 § 2107; 1873 p 250 §
316; RRS § 2229.]
Chapter 10.52
WITNESSES—GENERALLY
Sections
10.52.040
10.52.060
10.52.090
(2002 Ed.)
10.46.085
Compelling witness to attend and testify—Accused as witness.
Confrontation of witnesses.
Incriminating testimony not to be used.
[Title 10 RCW—page 31]
Chapter 10.52
Title 10 RCW: Criminal Procedure
10.52.100
Identity of child victims of sexual assault not to be disclosed.
Discharging defendant to give evidence: RCW 10.46.110.
Salaried public officers shall not receive additional compensation as witness
on behalf of employer, and in certain other cases: RCW 42.16.020.
Witnesses: Rules of court: ER 610, CrR 6.12, CrRLJ 6.12.
10.52.040 Compelling witness to attend and testify—Accused as witness. Witnesses may be compelled to
attend and testify before the grand jury; and witnesses on
behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court,
if they have been subpoenaed, without their fees being first
paid or tendered, unless otherwise provided by law; the court
may, upon the motion of the prosecuting attorney or defense
counsel, recognize witnesses, with or without sureties, to
attend and testify at any hearing or trial in any criminal
prosecution in any court of this state, or before the grand
jury. In default of such recognizance, or in the event that
surety is required and has not been obtained, the court shall
require the appearance of the witness before the court and
shall appoint counsel for the witness if he is indigent and
then shall determine that the testimony of the witness would
be material to either the prosecution or the defendant and
that the witness would not attend the trial of the matter
unless detained and, therefore, the court may direct that such
witness shall be detained in the custody of the sheriff until
the hearing or trial in which the witness is to testify:
PROVIDED, That each witness detained for failure to obtain
surety shall be paid, in addition to witness fees for actual
appearance in court, for each day of his detention a sum
equal to the daily jury fee paid to a juror serving in a
superior court; and each witness in breach of recognizance
and who is detained therefor shall be paid, in addition to
witness fees for actual appearance in court, the sum of one
dollar for each day of his detention. Any such witness shall
be provided food and lodging while so detained. Any person
accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the
cause, offer himself, or herself, as a witness in his or her
own behalf, and shall be allowed to testify as other witnesses
in such case, and when accused shall so testify, he or she
shall be subject to all the rules of law relating to crossexamination of other witnesses: PROVIDED, That nothing
in this code shall be construed to compel such accused
person to offer himself or herself as a witness in such case.
[1984 c 76 § 17; 1969 ex.s. c 143 § 1; 1915 c 83 § 1; 1891
c 28 § 69; Code 1881 § 1067; 1873 p 233 § 229; 1871 p
105 § 2; 1854 p 116 § 93; RRS § 2148. Formerly RCW
10.52.040, 10.52.050, 10.52.070, and 10.52.080.]
Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment
10).
10.52.060 Confrontation of witnesses. Every person
accused of crime shall have the right to meet the witnesses
produced against him face to face: PROVIDED, That whenever any witness whose deposition shall have been taken
pursuant to law by a magistrate, in the presence of the
defendant and his counsel, shall be absent, and cannot be
found when required to testify upon any trial or hearing, so
much of such deposition as the court shall deem admissible
[Title 10 RCW—page 32]
and competent shall be admitted and read as evidence in
such case. [1909 c 249 § 54; RRS § 2306. Prior: Code
1881 § 765; 1873 p 180 § 2; 1869 p 198 § 2; 1859 p 104 §
2.]
Reviser’s note: Caption for 1909 c 249 § 54 reads as follows: "SEC.
54. WITNESSES."
Rights of accused persons: State Constitution Art. 1 § 22 (Amendment 10).
10.52.090 Incriminating testimony not to be used.
In every case where it is provided in *this act that a witness
shall not be excused from giving testimony tending to
criminate himself, no person shall be excused from testifying
or producing any papers or documents on the ground that his
testimony may tend to criminate or subject him to a penalty
or forfeiture; but he shall not be prosecuted or subjected to
a penalty or forfeiture for or on account of any action,
matter or thing concerning which he shall so testify, except
for perjury or offering false evidence committed in such
testimony. [1909 c 249 § 39; RRS § 2291.]
Rules of court: Ordering immunity from prosecution—Incriminating
testimony not to be used—CrR 6.14.
*Reviser’s note: For meaning of "this act," see note following RCW
9.01.120.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment
10).
Witness not excused from giving testimony tending to incriminate himself in
crimes concerning bribery: RCW 9.18.080.
10.52.100 Identity of child victims of sexual assault
not to be disclosed. Child victims of sexual assault who are
under the age of eighteen, have a right not to have disclosed
to the public or press at any court proceeding involved in the
prosecution of the sexual assault, the child victim’s name,
address, location, photographs, and in cases in which the
child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and
the alleged perpetrator. The court shall ensure that information identifying the child victim is not disclosed to the
press or the public and that in the event of any improper
disclosure the court shall make all necessary orders to
restrict further dissemination of identifying information
improperly obtained. Court proceedings include but are not
limited to pretrial hearings, trial, sentencing, and appellate
proceedings. The court shall also order that any portion of
any court records, transcripts, or recordings of court proceedings that contain information identifying the child victim
shall be sealed and not open to public inspection unless
those identifying portions are deleted from the documents or
tapes. [1992 c 188 § 9.]
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
Chapter 10.55
WITNESSES OUTSIDE THE STATE
(UNIFORM ACT)
Sections
10.55.010
10.55.020
10.55.060
10.55.100
Definitions.
Summoning witness in this state to testify in another state.
Witness from another state summoned to testify in this state.
Exemption of witness from arrest and service of process.
(2002 Ed.)
Witnesses Outside the State (Uniform Act)
10.55.110
10.55.120
10.55.130
Uniformity of interpretation.
Short title.
Severability—1943 c 218.
10.55.010 Definitions. "Witness" as used in this
chapter shall include a person whose testimony is desired in
any proceeding or investigation by a grand jury or in a
criminal action, prosecution or proceeding.
The word "state" shall include any territory of the
United States and the District of Columbia.
The word "summons" shall include a subpoena, order or
other notice requiring the appearance of a witness. [1943 c
218 § 1; Rem. Supp. 1943 § 2150-1.]
10.55.020 Summoning witness in this state to testify
in another state. If a judge of a court of record in any state
which by its laws has made provision for commanding
persons within that state to attend and testify in this state
certified under the seal of such court that there is a criminal
prosecution pending in such court, or that a grand jury
investigation has commenced or is about to commence, that
a person being within this state is a material witness in such
prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of
record in the county in which such person is, such judge
shall fix a time and place for a hearing, and shall make an
order directing the witness to appear at a time and place
certain for the hearing.
If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship
to the witness to be compelled to attend and testify in the
prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is
pending, or grand jury investigation has commenced or is
about to commence, will give to him protection from arrest
and the service of civil and criminal process, he shall issue
a summons, with a copy of the certificate attached, directing
the witness to attend and testify in the court where the
prosecution is pending, or where a grand jury investigation
has commenced or is about to commence and of any other
state through which the witness may be required to travel by
ordinary course of travel, at a time and place specified in the
certificate. In any such hearing the certificate shall be prima
facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the
requesting state to assure his attendance in the requesting
state, such judge may, in lieu of notification of the hearing,
direct that such witness be forthwith brought before him for
said hearing; and the judge at the hearing being satisfied of
the desirability of such custody and delivery, for which
determination the certificate shall be prima facie proof of
such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody
and delivered to an officer of the requesting state.
If the witness, who is summoned as above provided,
after being paid or tendered by some properly authorized
person the sum of ten cents a mile for each mile by the
ordinary traveled route to and from the court where the
prosecution is pending and five dollars for each day, that he
is required to travel and attend as a witness, fails without
(2002 Ed.)
Chapter 10.55
good cause to attend and testify as directed in the summons,
he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from
a court of record in this state. [1943 c 218 § 2; Rem. Supp.
1943 § 2150-2. Formerly RCW 10.55.020, 10.55.030,
10.55.040, and 10.55.050.]
10.55.060 Witness from another state summoned to
testify in this state. If any person in any state, which by its
laws has made provision for commanding persons within its
borders to attend and testify in criminal prosecutions, or
grand jury investigations commenced or about to commence,
in this state, is a material witness either for the prosecution
or for the defense, in a criminal action pending in a court of
record in this state, or in a grand jury investigation which
has commenced or is about to commence, a judge of such
court may issue a certificate under the seal of the court
stating these facts and specifying the number of days the
witness will be required. Said certificate may include a
recommendation that the witness be taken into immediate
custody and delivered to an officer of this state to assure his
attendance in this state. This certificate shall be presented
to a judge of a court of record in the county in which the
witness is found.
If the witness is summoned to attend and testify in this
state he shall be tendered the sum of ten cents a mile for
each mile by the ordinary traveled route to and from the
court where the prosecution is pending and five dollars for
each day that he is required to travel and attend as a witness.
A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within
this state a longer period of time than the period mentioned
in the certificate, unless otherwise ordered by the court. If
such witness, after coming into this state, fails without good
cause to attend and testify as directed in the summons, he
shall be punished in the manner provided for the punishment
of any witness who disobeys a summons issued from a court
of record in this state. [1943 c 218 § 3; Rem. Supp. 1943
§ 2150-3. Formerly RCW 10.55.060, 10.55.070, 10.55.080,
and 10.55.090.]
10.55.100 Exemption of witness from arrest and
service of process. If a person comes into this state in
obedience to a summons directing him to attend and testify
in this state he shall not while in this state pursuant to such
summons be subject to arrest or the service of process, civil
or criminal, in connection with matters which arose before
his entrance into this state under the summons.
If a person passes through this state while going to
another state in obedience to a summons to attend and testify
in that state or while returning therefrom, he shall not while
so passing through this state be subject to arrest or the
service of process, civil or criminal, in connection with
matters which arose before his entrance into this state under
the summons. [1943 c 218 § 4; Rem. Supp. 1943 § 2150-4.]
10.55.110 Uniformity of interpretation. This chapter
shall be so interpreted and construed as to effectuate its
[Title 10 RCW—page 33]
10.55.110
Title 10 RCW: Criminal Procedure
general purpose to make uniform the law of the states which
enact it. [1943 c 218 § 5; Rem. Supp. 1943 § 2150-5.]
tion or body politic or corporate whatsoever. [1909 c 249 §
40; RRS § 2292.]
10.55.120 Short title. This chapter may be cited as
"Uniform Act to Secure the Attendance of Witnesses from
Without a State in Criminal Proceedings." [1943 c 218 § 6;
Rem. Supp. 1943 § 2150-6.]
10.58.060 Ownership—Proof of. In the prosecution
of any offense committed upon, or in relation to, or in any
way affecting any real estate, or any offense committed in
stealing, embezzling, destroying, injuring, or fraudulently
receiving or concealing any money, goods, or other personal
estate, it shall be sufficient, and shall not be deemed a
variance, if it be proved on trial that at the time when such
offense was committed, either the actual or constructive
possession, or the general or special property in the whole,
or any part of such real or personal estate, was in the person
or community alleged in the indictment or other accusation
to be the owner thereof. [Code 1881 § 963; 1854 p 99 §
133; RRS § 2156.]
10.55.130 Severability—1943 c 218. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1943 c 218 § 7; Rem. Supp. 1943 § 2150-7.]
Chapter 10.58
EVIDENCE
Sections
10.58.010
10.58.020
Rules—Generally.
Presumption of innocence—Conviction of lowest degree,
when.
Confession as evidence.
Intent to defraud.
Ownership—Proof of.
View of place of crime permissible.
10.58.030
10.58.040
10.58.060
10.58.080
Evidence
generally: Title 5 RCW.
material to homicide, search and seizure: RCW 10.79.015.
10.58.010 Rules—Generally. The rules of evidence
in civil actions, so far as practicable, shall be applied to
criminal prosecutions. [Code 1881 § 1071; 1873 p 234 §
233; 1854 p 117 § 97; RRS § 2152.]
10.58.020 Presumption of innocence—Conviction of
lowest degree, when. Every person charged with the
commission of a crime shall be presumed innocent until the
contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against
him, and there exists a reasonable doubt as to which of two
or more degrees he is guilty, he shall be convicted only of
the lowest. [1909 c 249 § 56; 1891 c 28 § 91; Code 1881
§ 767; 1854 p 76 § 3; RRS § 2308. Formerly RCW
10.58.020 and 10.61.020.]
Conviction of attempts or lesser or included crimes: RCW 10.61.003,
10.61.006, 10.61.010.
10.58.030 Confession as evidence. The confession of
a defendant made under inducement, with all the circumstances, may be given as evidence against him, except when
made under the influence of fear produced by threats; but a
confession made under inducement is not sufficient to
warrant a conviction without corroborating testimony. [Code
1881 § 1070; 1873 p 234 § 232; 1854 p 117 § 96; RRS §
2151.]
10.58.040 Intent to defraud. Whenever an intent to
defraud shall be made an element of an offense, it shall be
sufficient if an intent appears to defraud any person, associa[Title 10 RCW—page 34]
Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056.
10.58.080 View of place of crime permissible. The
court may order a view by any jury impaneled to try a
criminal case. [Code 1881 § 1090; 1873 p 237 § 251; 1854
p 120 § 115; RRS § 2160.]
Chapter 10.61
VERDICTS
Sections
10.61.003 Degree offenses—Inferior degree—Attempt.
10.61.006 Other cases—Included offenses.
10.61.010 Conviction of lesser crime.
10.61.035 Conviction or acquittal—Several defendants.
10.61.060 Reconsideration of verdict.
Rules of court: Verdicts—CrR 6.16.
Former acquittal or conviction—Offense embraces other degrees and
included offenses: RCW 10.43.020, 10.43.050.
10.61.003 Degree offenses—Inferior degree—
Attempt. Upon an indictment or information for an offense
consisting of different degrees, the jury may find the
defendant not guilty of the degree charged in the indictment
or information, and guilty of any degree inferior thereto, or
of an attempt to commit the offense. [1891 c 28 § 75; Code
1881 § 1097; 1854 p 120 § 122; RRS § 2167. Formerly
RCW 10.61.010, part.] [SLC-RO-11]
Where doubt as to degree, conviction of lowest: RCW 10.58.020.
10.61.006 Other cases—Included offenses. In all
other cases the defendant may be found guilty of an offense
the commission of which is necessarily included within that
with which he is charged in the indictment or information.
[1891 c 28 § 76; Code 1881 § 1098; 1854 p 120 § 123; RRS
§ 2168. Formerly RCW 10.61.010, part.] [SLC-RO-11]
10.61.010 Conviction of lesser crime. Upon the trial
of an indictment or information, the defendant may be
convicted of the crime charged therein, or of a lesser degree
of the same crime, or of an attempt to commit the crime so
charged, or of an attempt to commit a lesser degree of the
same crime. Whenever the jury shall find a verdict of guilty
against a person so charged, they shall in their verdict
(2002 Ed.)
Verdicts
specify the degree or attempt of which the accused is guilty.
[1909 c 249 § 11; RRS § 2263. FORMER PARTS OF
SECTION: (i) 1891 c 28 § 75; Code 1881 § 1097; 1854 p
120 § 122; RRS § 2167, now codified as RCW 10.61.003.
(ii) 1891 c 28 § 76; Code 1881 § 1098; 1854 p 120 § 123;
RRS § 2168, now codified as RCW 10.61.006.] [SLC-RO11]
10.61.035 Conviction or acquittal—Several defendants. Upon an indictment or information against several
defendants any one or more may be convicted or acquitted.
[1891 c 28 § 37; Code 1881 § 1022; 1873 p 228 § 205;
1869 p 243 § 200; RRS § 2073. Formerly RCW 10.61.030,
part.]
Rules of court: This section superseded in part by CrR 6.16. See comment
after CrR 6.16.
Discharging defendant to give evidence: RCW 10.46.110.
10.61.060 Reconsideration of verdict. When there is
a verdict of conviction in which it appears to the court that
the jury have mistaken the law, the court may explain the
reason for that opinion, and direct the jury to reconsider the
verdict; and if after such reconsideration they return the
same verdict it must be entered, but it shall be good cause
for new trial. When there is a verdict of acquittal the court
cannot require the jury to reconsider it. [1891 c 28 § 78;
Code 1881 § 1100; 1873 p 239 § 261; 1854 p 121 § 125;
RRS § 2170.]
Chapter 10.64
JUDGMENTS AND SENTENCES
Sections
10.64.015
10.64.021
10.64.025
10.64.027
10.64.060
10.64.070
10.64.075
10.64.080
10.64.100
10.64.110
10.64.120
Judgment to include costs—Exception.
Notice of conviction.
Detention of defendant.
Conditions of release.
Form of sentence to penitentiary.
Recognizance to maintain good behavior or keep the peace.
Breach of recognizance conditions.
Judgments a lien on realty.
Final record—What to contain.
Fingerprint of defendant in felony convictions.
Referral assessments—Probation department oversight committee.
Rules of court: Judgments and sentencing—CrR 7.1 through 7.4.
Assessments required of other convicted persons
offender supervision: RCW 9.94A.780.
parolees: RCW 72.04A.120.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
10.64.015 Judgment to include costs—Exception.
When the defendant is found guilty, the court shall render
judgment accordingly, and the defendant shall be liable for
all costs, unless the court or jury trying the cause expressly
find otherwise. [Code 1881 § 1104; 1873 p 241 § 272; 1854
p 121 § 129; RRS § 2187. Formerly RCW 10.64.010, part.]
Requiring defendant to pay costs—Procedure: RCW 10.01.160, 10.01.170,
chapter 10.82 RCW.
10.64.021 Notice of conviction. Within fourteen days
of the entry of a judgment of conviction of an individual for
(2002 Ed.)
10.61.010
a felony, the clerk of the court shall send a notice of the
conviction including the full name of the defendant and his
or her residential address to the county auditor or custodian
of voting records in the county of the defendant’s residence.
[1994 c 57 § 1.]
Severability—1994 c 57: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 57 § 55.]
Effective date—1994 c 57: "Sections 1 through 3, 7, 10 through 12,
21, 22, 25, 27, 28, 31 through 34, 37 through 40, 42, 44 through 52, and 54
of this act take effect January 1, 1995." [1994 c 57 § 56.]
10.64.025 Detention of defendant. (1) A defendant
who has been found guilty of a felony and is awaiting
sentencing shall be detained unless the court finds by clear
and convincing evidence that the defendant is not likely to
flee or to pose a danger to the safety of any other person or
the community if released. Any bail bond that was posted
on behalf of a defendant shall, upon the defendant’s conviction, be exonerated.
(2) A defendant who has been found guilty of one of
the following offenses shall be detained pending sentencing:
Rape in the first or second degree (RCW 9A.44.040 and
9A.44.050); rape of a child in the first, second, or third
degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child
molestation in the first, second, or third degree (RCW
9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct
with a minor in the first or second degree (RCW 9A.44.093
and 9A.44.096); indecent liberties (RCW 9A.44.100); incest
(RCW 9A.64.020); luring (RCW 9A.40.090); any class A or
B felony that is a sexually motivated offense as defined in
RCW 9.94A.030; a felony violation of RCW 9.68A.090; or
any offense that is, under chapter 9A.28 RCW, a criminal
attempt, solicitation, or conspiracy to commit one of those
offenses. [1996 c 275 § 10; 1989 c 276 § 2.]
Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: See note following RCW 9.95.062.
10.64.027 Conditions of release. In order to minimize the trauma to the victim, the court may attach conditions on release of a defendant under RCW 10.64.025 regarding the whereabouts of the defendant, contact with the
victim, or other conditions. [1989 c 276 § 5.]
Severability—1989 c 276: See note following RCW 9.95.062.
10.64.060 Form of sentence to penitentiary. In
every case where imprisonment in the penitentiary is
awarded against any convict, the form of the sentence shall
be, that he be punished by confinement at hard labor; and he
may also be sentenced to solitary imprisonment for such
term as the court shall direct, not exceeding twenty days at
any one time; and in the execution of such punishment the
solitary shall precede the punishment by hard labor, unless
the court shall otherwise order. [Code 1881 § 1127; 1873 p
243 § 285; 1854 p 124 § 149; RRS § 2208.]
Indeterminate sentences: Chapter 9.95 RCW.
Sentencing, 1981 act: Chapter 9.94A RCW.
10.64.070 Recognizance to maintain good behavior
or keep the peace. Every court before whom any person
[Title 10 RCW—page 35]
10.64.070
Title 10 RCW: Criminal Procedure
shall be convicted upon an indictment or information for an
offense not punishable with death or imprisonment in the
penitentiary may, in addition to the punishment prescribed by
law, require such person to recognize with sufficient sureties
in a reasonable sum to keep the peace, or to be of good
behavior, or both, for any term not exceeding one year, and
to stand committed until he shall so recognize. [1891 c 28
§ 83; Code 1881 § 1121; 1873 p 242 § 279; 1854 p 123 §
143; RRS § 2202. FORMER PART OF SECTION: Code
1881 § 1122; 1873 p 242 § 280; 1854 p 123 § 144; RRS §
2203, now codified as RCW 10.64.075.]
10.64.075 Breach of recognizance conditions. In
case of the breach of the conditions of any such recognizance, the same proceedings shall be had that are by law
prescribed in relation to recognizances to keep the peace.
[Code 1881 § 1122; 1873 p 242 § 280; 1854 p 123 § 144;
RRS § 2203. Formerly RCW 10.64.070, part.]
10.64.080 Judgments a lien on realty. Judgments for
fines in all criminal actions rendered, are, and may be made
liens upon the real estate of the defendant in the same
manner, and with like effect as judgments in civil actions.
[Code 1881 § 1111; RRS § 2188.]
10.64.100 Final record—What to contain. The clerk
of the court shall make a final record of all the proceedings
in a criminal prosecution within six months after the same
shall have been decided, which shall contain a copy of the
minutes of the challenge to the panel of the grand jury, the
indictment or information, journal entries, pleadings, minutes
of challenges to panel of petit jurors, judgment, orders, or
decision, and bill of exceptions. [1891 c 28 § 85; Code
1881 § 1134; 1873 p 245 § 292; 1854 p 125 § 156; RRS §
2224.]
10.64.110 Fingerprint of defendant in felony
convictions. Following June 15, 1977, there shall be affixed
to the original of every judgment and sentence of a felony
conviction in every court in this state and every order adjudicating a juvenile to be a delinquent based upon conduct
which would be a felony if committed by an adult, a
fingerprint of the defendant or juvenile who is the subject of
the order. When requested by the clerk of the court, the
actual affixing of fingerprints shall be done by a representative of the office of the county sheriff.
The clerk of the court shall attest that the fingerprints
appearing on the judgment in sentence, order of adjudication
of delinquency, or docket, is that of the individual who is the
subject of the judgment or conviction, order, or docket entry.
[1977 ex.s. c 259 § 1.]
10.64.120 Referral assessments—Probation department oversight committee. (1) Every judge of a court of
limited jurisdiction shall have the authority to levy upon a
person a monthly assessment not to exceed one hundred
dollars for services provided whenever the person is referred
by the court to the misdemeanant probation department for
evaluation or supervision services. The assessment may also
be made by a judge in superior court when such misdemean[Title 10 RCW—page 36]
or or gross misdemeanor cases are heard in the superior
court.
(2) For the purposes of this section the office of the
administrator for the courts shall define a probation department and adopt rules for the qualifications of probation
officers based on occupational and educational requirements
developed by an oversight committee. This oversight
committee shall include a representative from the district and
municipal court judges association, the misdemeanant
corrections association, the office of the administrator for the
courts, and associations of cities and counties. The oversight
committee shall consider qualifications that provide the
training and education necessary to (a) conduct presentencing
and postsentencing background investigations, including
sentencing recommendations to the court regarding jail
terms, alternatives to incarceration, and conditions of release;
and (b) provide ongoing supervision and assessment of
offenders’ needs and the risk they pose to the community.
(3) It shall be the responsibility of the probation services
office to implement local procedures approved by the court
of limited jurisdiction to ensure collection and payment of
such fees into the general fund of the city or county treasury.
(4) Revenues raised under this section shall be used to
fund programs for probation services and shall be in addition
to those funds provided in RCW 3.62.050. [1996 c 298 § 6;
1991 c 247 § 3; 1982 c 207 § 4.]
Chapter 10.66
DRUG TRAFFICKERS—OFF-LIMITS ORDERS
Sections
10.66.005
10.66.010
10.66.020
10.66.030
10.66.040
10.66.050
10.66.060
10.66.070
10.66.080
10.66.090
10.66.100
10.66.110
10.66.120
10.66.130
10.66.900
Findings.
Definitions.
When order may be issued.
Hearing—Summons.
Ex parte temporary order—Hearing—Notice.
Additional relief—PADT area.
Bond or security.
Appearance of party.
Notice of order to law enforcement agency.
Penalties.
Additional penalties.
Jurisdiction.
Venue.
Modification of order—Notice to law enforcement agency.
Severability—1989 c 271.
10.66.005 Findings. The legislature finds that drug
abuse is escalating at an alarming rate. New protections
need to be established to address this drug crisis which is
threatening every stratum of our society. Prohibiting known
drug traffickers from frequenting areas for continuous drug
activity is one means of addressing this pervasive problem.
[1989 c 271 § 213.]
10.66.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Applicant" means any person who owns, occupies,
or has a substantial interest in property, or who is a neighbor
to property which is adversely affected by drug trafficking,
including:
(2002 Ed.)
Drug Traffickers—Off-Limits Orders
(a) A "family or household member" as defined by
RCW 10.99.020(1), who has a possessory interest in a
residence as an owner or tenant, at least as great as a known
drug trafficker’s interest;
(b) An owner or lessor;
(c) An owner, tenant, or resident who lives or works in
a designated PADT area; or
(d) A city or prosecuting attorney for any jurisdiction in
this state where drug trafficking is occurring.
(2) "Drug" or "drugs" means a controlled substance as
defined in chapter 69.50 RCW or an "imitation controlled
substance" as defined in RCW 69.52.020.
(3) "Known drug trafficker" means any person who has
been convicted of a drug offense in this state, another state,
or federal court who subsequently has been arrested for a
drug offense in this state. For purposes of this definition,
"drug offense" means a felony violation of chapter 69.50 or
69.52 RCW or equivalent law in another jurisdiction that
involves the manufacture, distribution, or possession with
intent to manufacture or distribute, of a controlled substance
or imitation controlled substance.
(4) "Off-limits orders" means an order issued by a
superior or district court in the state of Washington that
enjoins known drug traffickers from entering or remaining in
a designated PADT area.
(5) "Protected against drug trafficking area" or "PADT
area" means any specifically described area, public or
private, contained in an off-limits order. The perimeters of
a PADT area shall be defined using street names and numbers and shall include all real property contained therein,
where drug sales, possession of drugs, pedestrian or vehicular traffic attendant to drug activity, or other activity associated with drug offenses confirms a pattern associated with
drug trafficking. The area may include the full width of
streets, alleys and sidewalks on the perimeter, common
areas, planting strips, parks and parking areas within the area
described using the streets as boundaries. [1989 c 271 §
214.]
10.66.020 When order may be issued. A court may
enter an off-limits order enjoining a known drug trafficker
who has been associated with drug trafficking in an area that
the court finds to be a PADT area, from entering or remaining in a designated PADT area for up to one year. This
relief may be ordered pursuant to applications for injunctive
relief or as part of a criminal proceeding as follows:
(1) In a civil action, including an action brought under
this chapter;
(2) In a nuisance abatement action pursuant to chapter
7.43 RCW;
(3) In an eviction action to exclude known drug traffickers or tenants who were evicted for allowing drug trafficking
to occur on the premises which were the subject of the
eviction action;
(4) As a condition of pretrial release of a known drug
trafficker awaiting trial on drug charges. The order shall be
in effect until the time of sentencing or dismissal of the
criminal charges; or
(5) As a condition of sentencing of any known drug
trafficker convicted of a drug offense. The order may
(2002 Ed.)
10.66.010
include all periods of community placement or community
supervision. [1989 c 271 § 215.]
10.66.030 Hearing—Summons. Upon the filing of an
application for an off-limits order under RCW 10.66.020 (1),
(2), or (3), the court shall set a hearing fourteen days from
the filing of the application, or as soon thereafter as the
hearing can be scheduled. If the respondent has not already
been served with a summons, the application shall be served
on the respondent not less than five court days before the
hearing. If timely service cannot be made, the court may set
a new hearing date. [1989 c 271 § 216.]
10.66.040 Ex parte temporary order—Hearing—
Notice. Upon filing an application for an off-limits order
under this chapter, an applicant may obtain an ex parte
temporary off-limits order, with or without notice, only upon
a showing that serious or irreparable harm will result to the
applicant if the temporary off-limits order is not granted. An
ex parte temporary off-limits order shall be effective for a
fixed period not to exceed fourteen days, but the court may
reissue the order upon a showing of good cause. A hearing
on a one-year off-limits order, as provided in this chapter,
shall be set for fourteen days from the issuance of the
temporary order. The respondent shall be personally served
with a copy of the temporary off-limits order along with a
copy of the application and notice of the date set for the full
hearing. At the hearing, if the court finds that respondent is
a known drug trafficker who has engaged in drug trafficking
in a particular area, and that the area is associated with a
pattern of drug activities, the court shall issue a one-year offlimits order prohibiting the respondent from having any
contact with the PADT area. At any time within three
months before the expiration of the order, the applicant may
apply for a renewal of the order by filing a new petition
under this chapter. [1989 c 271 § 217.]
10.66.050 Additional relief—PADT area. In
granting a temporary off-limits order or a one-year off-limits
order, the court shall have discretion to grant additional relief
as the court considers proper to achieve the purposes of this
chapter. The PADT area defined in any off-limits order
must be reasonably related to the area or areas impacted by
the unlawful drug activity as described by the applicant in
any civil action under RCW 10.66.020 (1), (2), or (3). The
court in its discretion may allow a respondent, who is the
subject of any order issued under RCW 10.66.020 as part of
a civil or criminal proceeding, to enter an off-limits area or
areas for health or employment reasons, subject to conditions
prescribed by the court. Upon request, a certified copy of
the order shall be provided to the applicant by the clerk of
the court. [1999 c 143 § 46; 1989 c 271 § 218.]
10.66.060 Bond or security. A temporary off-limits
order or a one-year off-limits order may not issue under this
chapter except upon the giving of a bond or security by the
applicant. The court shall set the bond or security in the
amount the court deems proper, but not less than one
thousand dollars, for the payment of costs and damages that
may be incurred by any party who is found to have been
wrongfully restrained or enjoined. A bond or security shall
[Title 10 RCW—page 37]
10.66.060
Title 10 RCW: Criminal Procedure
not be required of the state of Washington, municipal
corporations, or political subdivisions of the state of Washington. [1989 c 271 § 219.]
10.66.900 Severability—1989 c 271. See note
following RCW 9.94A.510.
10.66.070 Appearance of party. Nothing in this
chapter shall preclude a party from appearing in person or by
counsel. [1989 c 271 § 220.]
Chapter 10.70
COMMITMENTS
10.66.080 Notice of order to law enforcement
agency. A copy of an off-limits order granted under this
chapter shall be forwarded by the court to the local law
enforcement agency with jurisdiction over the PADT area
specified in the order on or before the next judicial day
following issuance of the order. Upon receipt of the order,
the law enforcement agency shall promptly enter it into an
appropriate law enforcement information system. [1989 c
271 § 221.]
10.66.090 Penalties. (1) Any person who willfully
disobeys an off-limits order issued under this chapter shall
be guilty of a gross misdemeanor.
(2) Any person who willfully disobeys an off-limits
order in violation of the terms of the order and who also
either:
(a) Enters or remains in a PADT area that is within one
thousand feet of any school; or
(b) Is convicted of a second or subsequent violation of
this chapter, is guilty of a class C felony. [1989 c 271 §
223.]
10.66.100 Additional penalties. Any person who
willfully disobeys an off-limits order issued under this
chapter shall be subject to criminal penalties as provided in
this chapter and may also be found in contempt of court and
subject to penalties under chapter 7.21 RCW. [1999 c 143
§ 47; 1989 c 271 § 222.]
10.66.110 Jurisdiction. The superior courts shall
have jurisdiction of all civil actions and all felony criminal
proceedings brought under this chapter. Courts of limited
jurisdiction shall have jurisdiction of all misdemeanor and
gross misdemeanor criminal actions brought under this
chapter. [1989 c 271 § 224.]
10.66.120 Venue. For the purposes of this chapter, an
action may be brought in any county in which any element
of the alleged drug trafficking activities occurred. [1989 c
271 § 225.]
10.66.130 Modification of order—Notice to law
enforcement agency. Upon application, notice to all parties,
and a hearing, the court may modify the terms of an offlimits order. When an order is terminated, modified, or
amended before its expiration date, the clerk of the court
shall forward, on or before the next judicial day, a true copy
of the amended order to the law enforcement agency specified in the order. Upon receipt of an order, the law enforcement agency shall promptly enter it into an appropriate law
enforcement information system. [1989 c 271 § 226.]
[Title 10 RCW—page 38]
(Formerly: Commitments and executions)
Sections
10.70.010 Commitment until fine and costs are paid.
10.70.020 Mittimus upon sentence to imprisonment.
10.70.140 Aliens committed—Notice to immigration authority.
10.70.150 Aliens committed—Copies of clerk’s records.
Execution of death sentence: Chapter 10.95 RCW.
10.70.010 Commitment until fine and costs are
paid. When the defendant is adjudged to pay a fine and
costs, the court shall order him to be committed to the
custody of the sheriff until the fine and costs are paid or
secured as provided by law. [Code 1881 § 1119; 1873 p
242 § 277; 1854 p 123 § 141; RRS § 2200.]
Commitment for failure to pay fine and costs—Execution against
defendant’s property: RCW 10.82.030.
Stay of execution for sixty days on recognizance: RCW 10.82.020,
10.82.025.
10.70.020 Mittimus upon sentence to imprisonment.
When any person shall be sentenced to be imprisoned in the
penitentiary or county jail, the clerk of the court shall, as
soon as may be, make out and deliver to the sheriff of the
county, or his deputy, a transcript from the minutes of the
court of such conviction and sentence, duly certified by such
clerk, which shall be sufficient authority for such sheriff to
execute the sentence, who shall execute it accordingly.
[Code 1881 § 1126; 1873 p 243 § 284; 1854 p 124 § 148;
RRS § 2207.]
10.70.140 Aliens committed—Notice to immigration
authority. Whenever any person shall be committed to a
state correctional facility, the county jail, or any other state
or county institution which is supported wholly or in part by
public funds, it shall be the duty of the warden, superintendent, sheriff or other officer in charge of such state or
county institution to at once inquire into the nationality of
such person, and if it shall appear that such person is an
alien, to immediately notify the United States immigration
officer in charge of the district in which such penitentiary,
reformatory, jail or other institution is located, of the date of
and the reasons for such alien commitment, the length of
time for which committed, the country of which the person
is a citizen, and the date on which and the port at which the
person last entered the United States. [1992 c 7 § 29; 1925
ex.s. c 169 § 1; RRS § 2206-1.]
10.70.150 Aliens committed—Copies of clerk’s
records. Upon the official request of the United States
immigration officer in charge of the territory or district in
which is located any court committing any alien to any state
or county institution which is supported wholly or in part by
public funds, it shall be the duty of the clerk of such court
to furnish without charge a certified copy of the complaint,
information or indictment and the judgment and sentence and
(2002 Ed.)
Commitments
any other record pertaining to the case of the convicted alien.
[1925 ex.s. c 169 § 2; RRS § 2206-2.]
Chapter 10.73
CRIMINAL APPEALS
Sections
10.73.010
10.73.040
10.73.090
10.73.100
10.73.110
Appeal by defendant.
Bail pending appeal.
Collateral attack—One year time limit.
Collateral attack—When one year limit not applicable.
Collateral attack—One year time limit—Duty of court to
advise defendant.
10.73.120 Collateral attack—One year time limit—Duty of department
of corrections to advise.
10.73.130 Collateral attack—One year time limit—Applicability.
10.73.140 Collateral attack—Subsequent petitions.
10.73.150 Right to counsel.
10.73.160 Court fees and costs.
10.73.170 DNA testing requests.
10.73.900 Severability—1989 c 395.
Effect of appellate review by defendant: RCW 9.95.060, 9.95.062.
10.73.010 Appeal by defendant. Appeal by defendant, see Rules of Court.
10.73.040 Bail pending appeal. In all criminal
actions, except capital cases in which the proof of guilt is
clear or the presumption great, upon an appeal being taken
from a judgment of conviction, the court in which the
judgment was rendered, or a judge thereof, must, by an order
entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant; and
the appellant shall be committed until a bond to the state of
Washington in the sum so fixed be executed on his behalf by
at least two sureties possessing the qualifications required for
sureties on appeal bonds, such bond to be conditioned that
the appellant shall appear whenever required, and stand to
and abide by the judgment or orders of the appellate court,
and any judgment and order of the superior court that may
be rendered or made in pursuance thereof. If the appellant
be already at large on bail, his sureties shall be liable to the
amount of their bond, in the same manner and upon the
same conditions as if they had executed the bond prescribed
by this section; but the court may by order require a new
bond in a larger amount or with new sureties, and may
commit the appellant until the order be complied with.
[1999 c 143 § 48; 1893 c 61 § 31; RRS § 1747.]
10.73.090 Collateral attack—One year time limit.
(1) No petition or motion for collateral attack on a judgment
and sentence in a criminal case may be filed more than one
year after the judgment becomes final if the judgment and
sentence is valid on its face and was rendered by a court of
competent jurisdiction.
(2) For the purposes of this section, "collateral attack"
means any form of postconviction relief other than a direct
appeal. "Collateral attack" includes, but is not limited to, a
personal restraint petition, a habeas corpus petition, a motion
to vacate judgment, a motion to withdraw guilty plea, a
motion for a new trial, and a motion to arrest judgment.
(3) For the purposes of this section, a judgment becomes final on the last of the following dates:
(2002 Ed.)
10.70.150
(a) The date it is filed with the clerk of the trial court;
(b) The date that an appellate court issues its mandate
disposing of a timely direct appeal from the conviction; or
(c) The date that the United States Supreme Court
denies a timely petition for certiorari to review a decision
affirming the conviction on direct appeal. The filing of a
motion to reconsider denial of certiorari does not prevent a
judgment from becoming final. [1989 c 395 § 1.]
10.73.100 Collateral attack—When one year limit
not applicable. The time limit specified in RCW 10.73.090
does not apply to a petition or motion that is based solely on
one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted
with reasonable diligence in discovering the evidence and
filing the petition or motion;
(2) The statute that the defendant was convicted of
violating was unconstitutional on its face or as applied to the
defendant’s conduct;
(3) The conviction was barred by double jeopardy under
Amendment V of the United States Constitution or Article
I, section 9 of the state Constitution;
(4) The defendant pled not guilty and the evidence
introduced at trial was insufficient to support the conviction;
(5) The sentence imposed was in excess of the court’s
jurisdiction; or
(6) There has been a significant change in the law,
whether substantive or procedural, which is material to the
conviction, sentence, or other order entered in a criminal or
civil proceeding instituted by the state or local government,
and either the legislature has expressly provided that the
change in the law is to be applied retroactively, or a court,
in interpreting a change in the law that lacks express
legislative intent regarding retroactive application, determines
that sufficient reasons exist to require retroactive application
of the changed legal standard. [1989 c 395 § 2.]
10.73.110 Collateral attack—One year time limit—
Duty of court to advise defendant. At the time judgment
and sentence is pronounced in a criminal case, the court
shall advise the defendant of the time limit specified in
RCW 10.73.090 and 10.73.100. [1989 c 395 § 4.]
10.73.120 Collateral attack—One year time limit—
Duty of department of corrections to advise. As soon as
practicable after July 23, 1989, the department of corrections
shall attempt to advise the following persons of the time
limit specified in RCW 10.73.090 and 10.73.100: Every
person who, on July 23, 1989, is serving a term of incarceration, probation, parole, or community supervision pursuant
to conviction of a felony. [1989 c 395 § 5.]
10.73.130 Collateral attack—One year time limit—
Applicability. RCW 10.73.090 and 10.73.100 apply only to
petitions and motions filed more than one year after July 23,
1989. [1989 c 395 § 6.]
10.73.140 Collateral attack—Subsequent petitions.
If a person has previously filed a petition for personal
restraint, the court of appeals will not consider the petition
unless the person certifies that he or she has not filed a
[Title 10 RCW—page 39]
10.73.140
Title 10 RCW: Criminal Procedure
previous petition on similar grounds, and shows good cause
why the petitioner did not raise the new grounds in the
previous petition. Upon receipt of a personal restraint
petition, the court of appeals shall review the petition and
determine whether the person has previously filed a petition
or petitions and if so, compare them. If upon review, the
court of appeals finds that the petitioner has previously
raised the same grounds for review, or that the petitioner has
failed to show good cause why the ground was not raised
earlier, the court of appeals shall dismiss the petition on its
own motion without requiring the state to respond to the
petition. Upon receipt of a first or subsequent petition, the
court of appeals shall, whenever possible, review the petition
and determine if the petition is based on frivolous grounds.
If frivolous, the court of appeals shall dismiss the petition on
its own motion without first requiring the state to respond to
the petition. [1989 c 395 § 9.]
10.73.150 Right to counsel. Counsel shall be
provided at state expense to an adult offender convicted of
a crime and to a juvenile offender convicted of an offense
when the offender is indigent or indigent and able to
contribute as those terms are defined in RCW 10.101.010
and the offender:
(1) Files an appeal as a matter of right;
(2) Responds to an appeal filed as a matter of right or
responds to a motion for discretionary review or petition for
review filed by the state;
(3) Is under a sentence of death and requests counsel be
appointed to file and prosecute a motion or petition for
collateral attack as defined in RCW 10.73.090. Counsel may
be provided at public expense to file or prosecute a second
or subsequent collateral attack on the same judgment and
sentence, if the court determines that the collateral attack is
not barred by RCW 10.73.090 or 10.73.140;
(4) Is not under a sentence of death and requests
counsel to prosecute a collateral attack after the chief judge
has determined that the issues raised by the petition are not
frivolous, in accordance with the procedure contained in
rules of appellate procedure 16.11. Counsel shall not be
provided at public expense to file or prosecute a second or
subsequent collateral attack on the same judgment and
sentence;
(5) Responds to a collateral attack filed by the state or
responds to or prosecutes an appeal from a collateral attack
that was filed by the state;
(6) Prosecutes a motion or petition for review after the
supreme court or court of appeals has accepted discretionary
review of a decision of a court of limited jurisdiction; or
(7) Prosecutes a motion or petition for review after the
supreme court has accepted discretionary review of a court
of appeals decision. [1995 c 275 § 2.]
Finding—1995 c 275: "The legislature is aware that the constitutional
requirements of equal protection and due process require that counsel be
provided for indigent persons and persons who are indigent and able to
contribute for the first appeal as a matter of right from a judgment and
sentence in a criminal case or a juvenile offender proceeding, and no
further. There is no constitutional right to appointment of counsel at public
expense to collaterally attack a judgment and sentence in a criminal case or
juvenile offender proceeding or to seek discretionary review of a lower
appellate court decision.
The legislature finds that it is appropriate to extend the right to
counsel at state expense beyond constitutional requirements in certain
[Title 10 RCW—page 40]
limited circumstances to persons who are indigent and persons who are
indigent and able to contribute as those terms are defined in RCW
10.101.010." [1995 c 275 § 1.]
Severability—1995 c 275: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 275 § 5.]
10.73.160 Court fees and costs. (1) The court of
appeals, supreme court, and superior courts may require an
adult or a juvenile convicted of an offense or the parents or
another person legally obligated to support a juvenile
offender to pay appellate costs.
(2) Appellate costs are limited to expenses specifically
incurred by the state in prosecuting or defending an appeal
or collateral attack from a criminal conviction or sentence or
a juvenile offender conviction or disposition. Appellate costs
shall not include expenditures to maintain and operate
government agencies that must be made irrespective of
specific violations of the law. Expenses incurred for
producing a verbatim report of proceedings and clerk’s
papers may be included in costs the court may require a
convicted defendant or juvenile offender to pay.
(3) Costs, including recoupment of fees for courtappointed counsel, shall be requested in accordance with the
procedures contained in Title 14 of the rules of appellate
procedure and in Title 9 of the rules for appeal of decisions
of courts of limited jurisdiction. An award of costs shall
become part of the trial court judgment and sentence. An
award of costs in juvenile cases shall also become part of
any order previously entered in the trial court pursuant to
RCW 13.40.145.
(4) A defendant or juvenile offender who has been
sentenced to pay costs and who is not in contumacious
default in the payment may at any time petition the court
that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it
appears to the satisfaction of the sentencing court that
payment of the amount due will impose manifest hardship on
the defendant, the defendant’s immediate family, or the
juvenile offender, the sentencing court may remit all or part
of the amount due in costs, or modify the method of
payment under RCW 10.01.170.
(5) The parents or another person legally obligated to
support a juvenile offender who has been ordered to pay
appellate costs pursuant to RCW 13.40.145 and who is not
in contumacious default in the payment may at any time
petition the court that sentenced the juvenile offender for
remission of the payment of costs or of any unpaid portion.
If it appears to the satisfaction of the sentencing court that
payment of the amount due will impose manifest hardship on
the parents or another person legally obligated to support a
juvenile offender or on their immediate families, the sentencing court may remit all or part of the amount due in costs,
or may modify the method of payment. [1995 c 275 § 3.]
Finding—Severability—1995 c 275: See notes following RCW
10.73.150.
10.73.170 DNA testing requests. (1) On or before
December 31, 2004, a person in this state who has been
convicted of a felony and is currently serving a term of
imprisonment and who has been denied postconviction DNA
(2002 Ed.)
Criminal Appeals
testing may submit a request to the county prosecutor in the
county where the conviction was obtained for postconviction
DNA testing, if DNA evidence was not admitted because the
court ruled DNA testing did not meet acceptable scientific
standards or DNA testing technology was not sufficiently
developed to test the DNA evidence in the case. On and
after January 1, 2005, a person must raise the DNA issues
at trial or on appeal.
(2) The prosecutor shall screen the request. The request
shall be reviewed based upon the likelihood that the DNA
evidence would demonstrate innocence on a more probable
than not basis. Upon determining that testing should occur
and the evidence still exists, the prosecutor shall request
DNA testing by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.
(3) A person denied a request made pursuant to subsections (1) and (2) of this section has a right to appeal his or
her request within thirty days of denial of the request by the
prosecutor. The appeal shall be to the attorney general’s
office. If the attorney general’s office determines that it is
likely that the DNA testing would demonstrate innocence on
a more probable than not basis, then the attorney general’s
office shall request DNA testing by the Washington state
patrol crime laboratory.
(4) Notwithstanding any other provision of law, any
biological material that has been secured in connection with
a criminal case prior to July 22, 2001, may not be destroyed
before January 1, 2005. [2001 c 301 § 1; 2000 c 92 § 1.]
Construction—2001 c 301: "Nothing in this act may be construed
to create a new or additional cause of action in any court. Nothing in this
act shall be construed to limit any rights offenders might otherwise have to
court access under any other statutory or constitutional provision." [2001
c 301 § 2.]
Report on DNA testing—2000 c 92: "By December 1, 2001, the
office of public defense shall prepare a report detailing the following: (1)
The number of postconviction DNA test requests approved by the respective
prosecutor; (2) the number of postconviction DNA test requests denied by
the respective prosecutor and a summary of the basis for the denials; (3) the
number of appeals for postconviction DNA testing approved by the attorney
general’s office; (4) the number of appeals for postconviction DNA testing
denied by the attorney general’s office and a summary of the basis for the
denials; and (5) a summary of the results of the postconviction DNA tests
conducted pursuant to RCW 10.73.170 (2) and (3). The report shall also
provide an estimate of the number of persons convicted of crimes where
DNA evidence was not admitted because the court ruled DNA testing did
not meet acceptable scientific standards or where DNA testing technology
was not sufficiently developed to test the DNA evidence in the case."
[2000 c 92 § 2.]
Intent—2000 c 92: "Nothing in chapter 92, Laws of 2000 is intended
to create a legal right or cause of action. Nothing in chapter 92, Laws of
2000 is intended to deny or alter any existing legal right or cause of action.
Nothing in chapter 92, Laws of 2000 should be interpreted to deny
postconviction DNA testing requests under existing law by convicted and
incarcerated persons who were sentenced to confinement for a term less
than life or the death penalty." [2000 c 92 § 4.]
10.73.900 Severability—1989 c 395. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 395 § 7.]
(2002 Ed.)
10.73.170
Chapter 10.77
CRIMINALLY INSANE—PROCEDURES
Sections
10.77.010
10.77.020
10.77.025
10.77.030
10.77.040
10.77.050
10.77.060
Definitions.
Rights of person under this chapter.
Maximum term of commitment or treatment.
Establishing insanity as a defense.
Instructions to jury on special verdict.
Mental incapacity as bar to proceedings.
Plea of not guilty due to insanity—Doubt as to competency—Examination—Bail—Report.
10.77.065 Mental condition evaluations—Reports and recommendations required.
10.77.070 Examination rights of defendant’s expert or professional
person.
10.77.080 Motion for acquittal on grounds of insanity—Hearing—
Findings.
10.77.090 Stay of proceedings—Commitment—Findings—Evaluation,
treatment—Extensions of commitment—Alternative
procedures—Procedure in nonfelony charge.
10.77.095 Findings—Developmental disabilities.
10.77.097 Records and reports accompany defendant upon transfer.
10.77.100 Experts or professional persons as witnesses.
10.77.110 Acquittal of crime.
10.77.120 Confinement of committed person—Custody—Hearings—
Release.
10.77.140 Periodic examinations—Developmentally disabled—
Reports—Notice to court.
10.77.150 Conditional release—Application—Order—Procedure.
10.77.155 Conditional release, furlough—Secretary’s recommendation.
10.77.160 Conditional release—Reports.
10.77.163 Furlough—Notice—Temporary restraining order.
10.77.165 Escape or disappearance—Notification requirements.
10.77.170 Payments to conditionally released persons.
10.77.180 Conditional release—Periodic review of case.
10.77.190 Conditional release—Revocation or modification of terms—
Procedure.
10.77.200 Release—Procedure.
10.77.205 Sexual or violent offenders—Notice of release, escape,
etc.—Definitions.
10.77.207 Persons acquitted of sex offense due to insanity—Release of
information authorized.
10.77.210 Right to adequate care and treatment—Records and reports.
10.77.2101 Implementation of legislative intent.
10.77.220 Incarceration in correctional institution or facility prohibited—Exceptions.
10.77.230 Appellate review.
10.77.240 Existing rights not affected.
10.77.250 Responsibility for costs—Reimbursement.
10.77.260 Violent act—Presumptions.
10.77.800 Evaluation of chapter 297, Laws of 1998—Recidivism, competency restoration, information sharing.
10.77.900 Savings—Construction—1973 1st ex.s. c 117.
10.77.910 Severability—1973 1st ex.s. c 117.
10.77.920 Chapter successor to chapter 10.76 RCW.
10.77.930 Effective date—1973 1st ex.s. c 117.
10.77.940 Equal application of 1989 c 420—Evaluation for developmental disability.
Rules of court: Cf. CrR 4.2(c).
Mentally ill, commitment: Chapter 71.05 RCW.
Protocols required: RCW 71.05.214.
10.77.010 Definitions. As used in this chapter:
(1) "Admission" means acceptance based on medical
necessity, of a person as a patient.
(2) "Commitment" means the determination by a court
that a person should be detained for a period of either
evaluation or treatment, or both, in an inpatient or a lessrestrictive setting.
[Title 10 RCW—page 41]
10.77.010
Title 10 RCW: Criminal Procedure
(3) "Conditional release" means modification of a courtordered commitment, which may be revoked upon violation
of any of its terms.
(4) "County designated mental health professional" has
the same meaning as provided in RCW 71.05.020.
(5) A "criminally insane" person means any person who
has been acquitted of a crime charged by reason of insanity,
and thereupon found to be a substantial danger to other
persons or to present a substantial likelihood of committing
criminal acts jeopardizing public safety or security unless
kept under further control by the court or other persons or
institutions.
(6) "Department" means the state department of social
and health services.
(7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter,
pending evaluation.
(8) "Developmental disabilities professional" means a
person who has specialized training and three years of
experience in directly treating or working with persons with
developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by
the secretary.
(9) "Developmental disability" means the condition as
defined in RCW 71A.10.020(3).
(10) "Discharge" means the termination of hospital
medical authority. The commitment may remain in place, be
terminated, or be amended by court order.
(11) "Furlough" means an authorized leave of absence
for a resident of a state institution operated by the department designated for the custody, care, and treatment of the
criminally insane, consistent with an order of conditional
release from the court under this chapter, without any
requirement that the resident be accompanied by, or be in
the custody of, any law enforcement or institutional staff,
while on such unescorted leave.
(12) "Habilitative services" means those services
provided by program personnel to assist persons in acquiring
and maintaining life skills and in raising their levels of
physical, mental, social, and vocational functioning.
Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety
presented by the individual being assisted as manifested by
prior charged criminal conduct.
(13) "History of one or more violent acts" means violent
acts committed during: (a) The ten-year period of time prior
to the filing of criminal charges; plus (b) the amount of time
equal to time spent during the ten-year period in a mental
health facility or in confinement as a result of a criminal
conviction.
(14) "Incompetency" means a person lacks the capacity
to understand the nature of the proceedings against him or
her or to assist in his or her own defense as a result of
mental disease or defect.
(15) "Indigent" means any person who is financially
unable to obtain counsel or other necessary expert or
professional services without causing substantial hardship to
the person or his or her family.
(16) "Individualized service plan" means a plan prepared
by a developmental disabilities professional with other
[Title 10 RCW—page 42]
professionals as a team, for an individual with developmental
disabilities, which shall state:
(a) The nature of the person’s specific problems, prior
charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve
the purposes of habilitation;
(c) The intermediate and long-range goals of the
habilitation program, with a projected timetable for the
attainment;
(d) The rationale for using this plan of habilitation to
achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and
due consideration for public safety, the criteria for proposed
movement to less-restrictive settings, criteria for proposed
eventual release, and a projected possible date for release;
and
(g) The type of residence immediately anticipated for
the person and possible future types of residences.
(17) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in
this state who has, in addition, completed three years of
graduate training in psychiatry in a program approved by the
American medical association or the American osteopathic
association and is certified or eligible to be certified by the
American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant
to chapter 18.83 RCW; or
(c) A social worker with a master’s or further advanced
degree from an accredited school of social work or a degree
deemed equivalent under rules adopted by the secretary.
(18) "Release" means legal termination of the
court-ordered commitment under the provisions of this
chapter.
(19) "Secretary" means the secretary of the department
of social and health services or his or her designee.
(20) "Treatment" means any currently standardized
medical or mental health procedure including medication.
(21) "Violent act" means behavior that: (a)(i) Resulted
in; (ii) if completed as intended would have resulted in; or
(iii) was threatened to be carried out by a person who had
the intent and opportunity to carry out the threat and would
have resulted in, homicide, nonfatal injuries, or substantial
damage to property; or (b) recklessly creates an immediate
risk of serious physical injury to another person. [2000 c 94
§ 12. Prior: 1999 c 143 § 49; 1999 c 13 § 2; 1998 c 297
§ 29; 1993 c 31 § 4; 1989 c 420 § 3; 1983 c 122 § 1; 1974
ex.s. c 198 § 1; 1973 1st ex.s. c 117 § 1.]
Purpose—Construction—1999 c 13: "The purpose of this act is to
make technical nonsubstantive changes to chapters 10.77 and 71.05 RCW.
No provision of this act shall be construed as a substantive change in the
provisions dealing with persons charged with crimes who are subject to
evaluation under chapter 10.77 or 71.05 RCW." [1999 c 13 § 1.]
Alphabetization of section—1998 c 297 § 29: "The code reviser
shall alphabetize the definitions in RCW 10.77.010 and correct any
references." [1998 c 297 § 51.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.020 Rights of person under this chapter. (1)
At any and all stages of the proceedings pursuant to this
chapter, any person subject to the provisions of this chapter
(2002 Ed.)
Criminally Insane—Procedures
shall be entitled to the assistance of counsel, and if the
person is indigent the court shall appoint counsel to assist
him or her. A person may waive his or her right to counsel;
but such waiver shall only be effective if a court makes a
specific finding that he or she is or was competent to so
waive. In making such findings, the court shall be guided
but not limited by the following standards: Whether the
person attempting to waive the assistance of counsel, does so
understanding:
(a) The nature of the charges;
(b) The statutory offense included within them;
(c) The range of allowable punishments thereunder;
(d) Possible defenses to the charges and circumstances
in mitigation thereof; and
(e) All other facts essential to a broad understanding of
the whole matter.
(2) Whenever any person is subjected to an examination
pursuant to any provision of this chapter, he or she may
retain an expert or professional person to perform an
examination in his or her behalf. In the case of a person
who is indigent, the court shall upon his or her request assist
the person in obtaining an expert or professional person to
perform an examination or participate in the hearing on his
or her behalf. An expert or professional person obtained by
an indigent person pursuant to the provisions of this chapter
shall be compensated for his or her services out of funds of
the department, in an amount determined by the secretary to
be fair and reasonable.
(3) Any time the defendant is being examined by court
appointed experts or professional persons pursuant to the
provisions of this chapter, the defendant shall be entitled to
have his or her attorney present. The defendant may refuse
to answer any question if he or she believes his or her
answers may tend to incriminate him or her or form links
leading to evidence of an incriminating nature. [1998 c 297
§ 30; 1993 c 31 § 5; 1974 ex.s. c 198 § 2; 1973 1st ex.s. c
117 § 2.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.025 Maximum term of commitment or
treatment. (1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under
any provision of this chapter; or (b) ordered to undergo
alternative treatment following his or her acquittal by reason
of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible penal sentence
for any offense charged for which the person was committed, or was acquitted by reason of insanity.
(2) Whenever any person committed under any provision of this chapter has not been released within seven days
of the maximum possible penal sentence under subsection
(1) of this section, and the professional person in charge of
the facility believes that the person presents a likelihood of
serious harm or is gravely disabled due to a mental disorder,
the professional person shall, prior to the expiration of the
maximum penal sentence, notify the appropriate county designated mental health professional of the impending expiration and provide a copy of all relevant information regarding
the person, including the likely release date and shall
indicate why the person should not be released.
(2002 Ed.)
10.77.020
(3) A county designated mental health professional who
receives notice and records under subsection (2) of this
section shall, prior to the date of the expiration of the
maximum sentence, determine whether to initiate proceedings under chapter 71.05 RCW. [2000 c 94 § 13; 1998 c
297 § 31.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.030 Establishing insanity as a defense. (1)
Evidence of insanity is not admissible unless the defendant,
at the time of arraignment or within ten days thereafter or at
such later time as the court may for good cause permit, files
a written notice of his or her intent to rely on such a
defense.
(2) Insanity is a defense which the defendant must
establish by a preponderance of the evidence.
(3) No condition of mind proximately induced by the
voluntary act of a person charged with a crime shall constitute insanity. [1998 c 297 § 32; 1974 ex.s. c 198 § 3; 1973
1st ex.s. c 117 § 3.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.040 Instructions to jury on special verdict.
Whenever the issue of insanity is submitted to the jury, the
court shall instruct the jury to return a special verdict in
substantially the following form:
answer
yes or no
1. D i d t h e d e f e n d a n t c o m m i t t h e a c t
charged?
2. If your answer to number 1 is yes, do you
acquit him or her because of insanity existing at the time of the act charged?
3. If your answer to number 2 is yes, is the
defendant a substantial danger to other
persons unless kept under further control
by the court or other persons or institutions?
4. If your answer to number 2 is yes, does
the defendant present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless
kept under further control by the court or
other persons or institutions?
5. If your answers to either number 3 or
number 4 is yes, is it in the best interests
of the defendant and others that the defendant be placed in treatment that is less restrictive than detention in a state mental
hospital?
.
.....
.....
.....
.....
....
[1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117
§ 4.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.050 Mental incapacity as bar to proceedings.
No incompetent person shall be tried, convicted, or sentenced for the commission of an offense so long as such
[Title 10 RCW—page 43]
10.77.050
Title 10 RCW: Criminal Procedure
incapacity continues. [1974 ex.s. c 198 § 5; 1973 1st ex.s.
c 117 § 5.]
10.77.060 Plea of not guilty due to insanity—Doubt
as to competency—Examination—Bail—Report. (1)(a)
Whenever a defendant has pleaded not guilty by reason of
insanity, or there is reason to doubt his or her competency,
the court on its own motion or on the motion of any party
shall either appoint or request the secretary to designate at
least two qualified experts or professional persons, one of
whom shall be approved by the prosecuting attorney, to
examine and report upon the mental condition of the
defendant. At least one of the experts or professional
persons appointed shall be a developmental disabilities professional if the court is advised by any party that the
defendant may be developmentally disabled. For purposes
of the examination, the court may order the defendant committed to a hospital or other suitably secure public or private
mental health facility for a period of time necessary to
complete the examination, but not to exceed fifteen days
from the time of admission to the facility.
(b) When a defendant is ordered to be committed for
inpatient examination under this subsection (1), the court
may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court.
Following the evaluation, in determining bail the court shall
consider: (i) Recommendations of the expert or professional
persons regarding the defendant’s competency, sanity, or
diminished capacity; (ii) whether the defendant has a recent
history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or
found incompetent; (iv) whether it is reasonably likely the
defendant will fail to appear for a future court hearing; and
(v) whether the defendant is a threat to public safety.
(2) The court may direct that a qualified expert or
professional person retained by or appointed for the defendant be permitted to witness the examination authorized by
subsection (1) of this section, and that the defendant shall
have access to all information obtained by the court appointed experts or professional persons. The defendant’s expert
or professional person shall have the right to file his or her
own report following the guidelines of subsection (3) of this
section. If the defendant is indigent, the court shall upon the
request of the defendant assist him or her in obtaining an
expert or professional person.
(3) The report of the examination shall include the
following:
(a) A description of the nature of the examination;
(b) A diagnosis of the mental condition of the defendant;
(c) If the defendant suffers from a mental disease or
defect, or is developmentally disabled, an opinion as to
competency;
(d) If the defendant has indicated his or her intention to
rely on the defense of insanity pursuant to RCW 10.77.030,
an opinion as to the defendant’s sanity at the time of the act;
(e) When directed by the court, an opinion as to the
capacity of the defendant to have a particular state of mind
which is an element of the offense charged;
(f) An opinion as to whether the defendant should be
evaluated by a county designated mental health professional
[Title 10 RCW—page 44]
under chapter 71.05 RCW, and an opinion as to whether the
defendant is a substantial danger to other persons, or
presents a substantial likelihood of committing criminal acts
jeopardizing public safety or security, unless kept under
further control by the court or other persons or institutions.
(4) The secretary may execute such agreements as
appropriate and necessary to implement this section. [2000
c 74 § 1; 1998 c 297 § 34; 1989 c 420 § 4; 1974 ex.s. c 198
§ 6; 1973 1st ex.s. c 117 § 6.]
Severability—2000 c 74: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 74 § 8.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.065 Mental condition evaluations—Reports
and recommendations required. (1)(a)(i) The facility
conducting the evaluation shall provide its report and recommendation to the court in which the criminal proceeding is
pending. A copy of the report and recommendation shall be
provided to the county designated mental health professional,
the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the
defendant is being held, or if there is no professional person,
to the person designated under (a)(ii) of this subsection.
Upon request, the facility shall also provide copies of any
source documents relevant to the evaluation to the county
designated mental health professional. The report and
recommendation shall be provided not less than twenty-four
hours preceding the transfer of the defendant to the correctional facility in the county in which the criminal proceeding
is pending.
(ii) If there is no professional person at the local correctional facility, the local correctional facility shall designate
a professional person as defined in RCW 71.05.020 or, in
cooperation with the regional support network, a professional
person at the regional support network to receive the report
and recommendation.
(iii) When a defendant is transferred to the facility conducting the evaluation, or upon commencement of a
defendant’s evaluation in the local correctional facility, the
local correctional facility must notify the evaluator or the
facility conducting the evaluation of the name of the professional person, or person designated under (a)(ii) of this
subsection to receive the report and recommendation.
(b) If the facility concludes, under RCW
10.77.060(3)(f), the person should be kept under further
control, an evaluation shall be conducted of such person
under chapter 71.05 RCW. The court shall order an evaluation be conducted by the appropriate county designated
mental health professional: (i) Prior to release from confinement for such person who is convicted, if sentenced to
confinement for twenty-four months or less; (ii) for any
person who is acquitted; or (iii) for any person: (A) Whose
charges are dismissed pursuant to RCW 10.77.090(4); or (B)
whose nonfelony charges are dismissed.
(2) The county designated mental health professional
shall provide written notification within twenty-four hours of
the results of the determination whether to commence
proceedings under chapter 71.05 RCW. The notification
(2002 Ed.)
Criminally Insane—Procedures
shall be provided to the persons identified in subsection
(1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the
results of any proceedings commenced by the county
designated mental health professional under subsection (2) of
this section to the facility conducting the evaluation under
this chapter.
(4) The fact of admission and all information and
records compiled, obtained, or maintained in the course of
providing services under this chapter may also be disclosed
to the courts solely to prevent the entry of any evaluation or
treatment order that is inconsistent with any order entered
under chapter 71.05 RCW. [2000 c 74 § 2; 1998 c 297 §
35.]
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.070 Examination rights of defendant’s expert
or professional person. When the defendant wishes to be
examined by a qualified expert or professional person of his
or her own choice such examiner shall be permitted to have
reasonable access to the defendant for the purpose of such
examination, as well as to all relevant medical and psychological records and reports. [1998 c 297 § 36; 1973 1st ex.s.
c 117 § 7.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.080 Motion for acquittal on grounds of
insanity—Hearing—Findings. The defendant may move
the court for a judgment of acquittal on the grounds of
insanity: PROVIDED, That a defendant so acquitted may
not later contest the validity of his or her detention on the
grounds that he or she did not commit the acts charged. At
the hearing upon the motion the defendant shall have the
burden of proving by a preponderance of the evidence that
he or she was insane at the time of the offense or offenses
with which he or she is charged. If the court finds that the
defendant should be acquitted by reason of insanity, it shall
enter specific findings in substantially the same form as set
forth in RCW 10.77.040. If the motion is denied, the
question may be submitted to the trier of fact in the same
manner as other issues of fact. [1998 c 297 § 37; 1974 ex.s.
c 198 § 7; 1973 1st ex.s. c 117 § 8.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.090 Stay of proceedings—Commitment—
Findings—Evaluation, treatment—Extensions of commitment—Alternative procedures—Procedure in nonfelony
charge. (1)(a) If at any time during the pendency of an
action and prior to judgment the court finds, following a
report as provided in RCW 10.77.060, a defendant is
incompetent the court shall order the proceedings against the
defendant be stayed except as provided in subsection (7) of
this section.
(b) If the defendant is charged with a felony and determined to be incompetent, the court shall commit the defendant to the custody of the secretary, who shall place such
defendant in an appropriate facility of the department for
(2002 Ed.)
10.77.065
evaluation and treatment, or the court may alternatively order
the defendant to undergo evaluation and treatment at some
other facility as determined by the department, or under the
guidance and control of a professional person, until he or she
has regained the competency necessary to understand the
proceedings against him or her and assist in his or her own
defense, but in any event, for no longer than a period of
ninety days.
(c) A defendant found incompetent shall be evaluated at
the direction of the secretary and a determination made
whether the defendant is developmentally disabled. Such
evaluation and determination shall be accomplished as soon
as possible following the court’s placement of the defendant
in the custody of the secretary. When appropriate, and
subject to available funds, if the defendant is determined to
be developmentally disabled, he or she may be placed in a
program specifically reserved for the treatment and training
of persons with developmental disabilities where the defendant shall have the right to habilitation according to an
individualized service plan specifically developed for the
particular needs of the defendant. The program shall be
separate from programs serving persons involved in any
other treatment or habilitation program. The program shall
be appropriately secure under the circumstances and shall be
administered by developmental disabilities professionals who
shall direct the habilitation efforts. The program shall
provide an environment affording security appropriate with
the charged criminal behavior and necessary to protect the
public safety. The department may limit admissions of such
persons to this specialized program in order to ensure that
expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for
such services. The department may establish admission
priorities in the event that the number of eligible persons
exceeds the limits set by the department. A copy of the
report shall be sent to the facility.
(d)(i) If the defendant is:
(A) Charged with a nonfelony crime and has: (I) A
history of one or more violent acts, or a pending charge of
one or more violent acts; or (II) been previously acquitted by
reason of insanity or been previously found incompetent
under this chapter or any equivalent federal or out-of-state
statute with regard to an alleged offense involving actual,
threatened, or attempted physical harm to a person; and
(B) Found by the court to be not competent; then
(C) The court shall order the secretary to place the
defendant: (I) At a secure mental health facility in the
custody of the department or an agency designated by the
department for mental health treatment and restoration of
competency. The placement shall not exceed fourteen days
in addition to any unused time of the evaluation under RCW
10.77.060. The court shall compute this total period and
include its computation in the order. The fourteen-day
period plus any unused time of the evaluation under RCW
10.77.060 shall be considered to include only the time the
defendant is actually at the facility and shall be in addition
to reasonable time for transport to or from the facility; (II)
on conditional release for up to ninety days for mental health
treatment and restoration of competency; or (III) any
combination of (d)(i)(C)(I) and (II) of this subsection.
(ii) At the end of the mental health treatment and
restoration period in (d)(i) of this subsection, or at any time
[Title 10 RCW—page 45]
10.77.090
Title 10 RCW: Criminal Procedure
a professional person determines competency has been, or is
unlikely to be, restored the defendant shall be returned to
court for a hearing. If, after notice and hearing, competency
has been restored, the stay entered under (a) of this subsection shall be lifted. If competency has not been restored, the
proceedings shall be dismissed. If the court concludes that
competency has not been restored, but that further treatment
within the time limits established by (d)(i) of this subsection
is likely to restore competency, the court may order that
treatment for purposes of competency restoration be continued. Such treatment may not extend beyond the combination of time provided for in (d)(i)(C)(I) and (II) of this
subsection.
(iii)(A) If the proceedings are dismissed under (d)(ii) of
this subsection and the defendant was on conditional release
at the time of dismissal, the court shall order the county
designated mental health professional within that county to
evaluate the defendant pursuant to chapter 71.05 RCW. The
evaluation may be conducted in any location chosen by the
professional.
(B) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be
detained and sent to an evaluation and treatment facility for
up to seventy-two hours excluding Saturdays, Sundays, and
holidays for evaluation for purposes of filing a petition under
chapter 71.05 RCW. The seventy-two hour period shall
commence upon the next nonholiday weekday following the
court order, and shall run to the end of the last nonholiday
weekday within the seventy-two hour period.
(iv) If at any time during the proceeding the court finds,
following notice and hearing, a defendant is not likely to
regain competency, the proceedings shall be dismissed and
the defendant shall be evaluated as provided in (d)(iii) of this
subsection.
(e) If the defendant is charged with a crime that is not
a felony and the defendant does not meet the criteria under
(d) of this subsection, the court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the
county designated mental health professional to evaluate the
defendant and consider initial detention proceedings under
chapter 71.05 RCW. The court must give notice to all
parties at least twenty-four hours before the dismissal of any
proceeding under this subsection (1)(e), and provide an
opportunity for a hearing on whether to dismiss the proceedings.
(2) On or before expiration of the initial ninety-day
period of commitment under subsection (1)(b) of this section
the court shall conduct a hearing, at which it shall determine
whether or not the defendant is incompetent.
(3) If the court finds by a preponderance of the evidence
that a defendant charged with a felony is incompetent, the
court shall have the option of extending the order of commitment or alternative treatment for an additional ninety-day
period, but it must at the time of extension set a date for a
prompt hearing to determine the defendant’s competency
before the expiration of the second ninety-day period. The
defendant, the defendant’s attorney, or the prosecutor shall
have the right to demand that the hearing be before a jury.
No extension shall be ordered for a second ninety-day period, nor for any subsequent period as provided in subsection
(4) of this section if the defendant’s incompetence has been
determined by the secretary to be solely the result of a
[Title 10 RCW—page 46]
developmental disability which is such that competence is
not reasonably likely to be regained during an extension.
(4) For persons charged with a felony, at the hearing
upon the expiration of the second ninety-day period or at the
end of the first ninety-day period, in the case of a developmentally disabled defendant, if the jury or court finds that
the defendant is incompetent, the charges shall be dismissed
without prejudice, and either civil commitment proceedings
shall be instituted or the court shall order the release of the
defendant: PROVIDED, That the criminal charges shall not
be dismissed if the court or jury finds that: (a) The defendant (i) is a substantial danger to other persons; or (ii)
presents a substantial likelihood of committing criminal acts
jeopardizing public safety or security; and (b) there is a
substantial probability that the defendant will regain competency within a reasonable period of time. In the event that
the court or jury makes such a finding, the court may extend
the period of commitment for an additional six months. At
the end of the six-month period, if the defendant remains
incompetent, the charges shall be dismissed without prejudice and either civil commitment proceedings shall be
instituted or the court shall order release of the defendant.
(5) If the defendant is referred to the county designated
mental health professional for consideration of initial
detention proceedings under chapter 71.05 RCW pursuant to
this chapter, the county designated mental health professional
shall provide prompt written notification of the results of the
determination whether to commence initial detention proceedings under chapter 71.05 RCW, and whether the person
was detained. The notification shall be provided to the court
in which the criminal action was pending, the prosecutor, the
defense attorney in the criminal action, and the facility that
evaluated the defendant for competency.
(6) The fact that the defendant is unfit to proceed does
not preclude any pretrial proceedings which do not require
the personal participation of the defendant.
(7) A defendant receiving medication for either physical
or mental problems shall not be prohibited from standing
trial, if the medication either enables the defendant to
understand the proceedings against him or her and to assist
in his or her own defense, or does not disable him or her
from so understanding and assisting in his or her own
defense.
(8) At or before the conclusion of any commitment
period provided for by this section, the facility providing
evaluation and treatment shall provide to the court a written
report of examination which meets the requirements of RCW
10.77.060(3). [2000 c 74 § 3; 1998 c 297 § 38; 1989 c 420
§ 5; 1979 ex.s. c 215 § 3; 1974 ex.s. c 198 § 8; 1973 1st
ex.s. c 117 § 9.]
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.095 Findings—Developmental disabilities.
The legislature finds that among those persons who endanger
the safety of others by committing crimes are a small
number of persons with developmental disabilities. While
their conduct is not typical of the vast majority of persons
with developmental disabilities who are responsible citizens,
for their own welfare and for the safety of others the state
(2002 Ed.)
Criminally Insane—Procedures
may need to exercise control over those few dangerous
individuals who are developmentally disabled, have been
charged with crimes that involve a threat to public safety or
security, and have been found either incompetent to stand
trial or not guilty by reason of insanity. The legislature
finds, however, that the use of civil commitment procedures
under chapter 71.05 RCW to effect state control over
dangerous developmentally disabled persons has resulted in
their commitment to institutions for the mentally ill. The
legislature finds that existing programs in mental institutions
may be inappropriate for persons who are developmentally
disabled because the services provided in mental institutions
are oriented to persons with mental illness, a condition not
necessarily associated with developmental disabilities.
Therefore, the legislature believes that, where appropriate,
and subject to available funds, persons with developmental
disabilities who have been charged with crimes that involve
a threat to public safety or security and have been found
incompetent to stand trial or not guilty by reason of insanity
should receive state services addressing their needs, that such
services must be provided in conformance with an individual
habilitation plan, and that their initial treatment should be
separate and discrete from treatment for persons involved in
any other treatment or habilitation program in a manner
consistent with the needs of public safety. [1998 c 297 § 28;
1989 c 420 § 1. Formerly RCW 10.77.005.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.097 Records and reports accompany defendant upon transfer. A copy of relevant records and reports
as defined by the department, in consultation with the
department of corrections, made pursuant to this chapter, and
including relevant information necessary to meet the requirements of RCW 10.77.065(1) and 10.77.090, shall accompany
the defendant upon transfer to a mental health facility or a
correctional institution or facility. [2000 c 74 § 4; 1998 c
297 § 47.]
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.100 Experts or professional persons as
witnesses. Subject to the rules of evidence, experts or
professional persons who have reported pursuant to this
chapter may be called as witnesses at any proceeding held
pursuant to this chapter. Both the prosecution and the
defendant may summon any other qualified expert or professional persons to testify. [1974 ex.s. c 198 § 9; 1973 1st
ex.s. c 117 § 10.]
10.77.110 Acquittal of crime. (1) If a defendant is
acquitted of a crime by reason of insanity, and it is found
that he or she is not a substantial danger to other persons,
and does not present a substantial likelihood of committing
criminal acts jeopardizing public safety or security, unless
kept under further control by the court or other persons or
institutions, the court shall direct the defendant’s release. If
it is found that such defendant is a substantial danger to
other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security,
(2002 Ed.)
10.77.095
unless kept under further control by the court or other persons or institutions, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the
terms of this chapter.
(2) If the defendant has been found not guilty by reason
of insanity and a substantial danger, or presents a substantial
likelihood of committing criminal acts jeopardizing public
safety or security, so as to require treatment then the
secretary shall immediately cause the defendant to be
evaluated to ascertain if the defendant is developmentally
disabled. When appropriate, and subject to available funds,
the defendant may be committed to a program specifically
reserved for the treatment and training of developmentally
disabled persons. A person so committed shall receive
habilitation services according to an individualized service
plan specifically developed to treat the behavior which was
the subject of the criminal proceedings. The treatment
program shall be administered by developmental disabilities
professionals and others trained specifically in the needs of
developmentally disabled persons. The treatment program
shall provide physical security to a degree consistent with
the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when
the dangerousness of any particular defendant makes this
necessary. The department may limit admissions to this
specialized program in order to ensure that expenditures for
services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The
department may establish admission priorities in the event
that the number of eligible persons exceeds the limits set by
the department.
(3) If it is found that such defendant is not a substantial
danger to other persons, and does not present a substantial
likelihood of committing criminal acts jeopardizing public
safety or security, but that he or she is in need of control by
the court or other persons or institutions, the court shall
direct the defendant’s conditional release. [2000 c 94 § 14;
1998 c 297 § 39; 1989 c 420 § 6; 1983 c 25 § 1; 1979 ex.s.
c 215 § 4; 1974 ex.s. c 198 § 10; 1973 1st ex.s. c 117 § 11.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.120 Confinement of committed person—
Custody—Hearings—Release. The secretary shall
forthwith provide adequate care and individualized treatment
at one or several of the state institutions or facilities under
his or her direction and control wherein persons committed
as criminally insane may be confined. Such persons shall be
under the custody and control of the secretary to the same
extent as are other persons who are committed to the
secretary’s custody, but such provision shall be made for
their control, care, and treatment as is proper in view of their
condition. In order that the secretary may adequately
determine the nature of the mental illness or developmental
disability of the person committed to him or her as criminally insane, and in order for the secretary to place such
individuals in a proper facility, all persons who are committed to the secretary as criminally insane shall be promptly
examined by qualified personnel in such a manner as to
provide a proper evaluation and diagnosis of such individual.
The examinations of all developmentally disabled persons
[Title 10 RCW—page 47]
10.77.120
Title 10 RCW: Criminal Procedure
committed under this chapter shall be performed by developmental disabilities professionals. Any person so committed
shall not be released from the control of the secretary save
upon the order of a court of competent jurisdiction made
after a hearing and judgment of release.
Whenever there is a hearing which the committed
person is entitled to attend, the secretary shall send him or
her in the custody of one or more department employees to
the county where the hearing is to be held at the time the
case is called for trial. During the time the person is absent
from the facility, he or she shall be confined in a facility
designated by and arranged for by the department, and shall
at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the
decision of the hearing remits the person to custody, the
department employee shall forthwith return the person to
such institution or facility designated by the secretary. If the
state appeals an order of release, such appeal shall operate
as a stay, and the person in custody shall so remain and be
forthwith returned to the institution or facility designated by
the secretary until a final decision has been rendered in the
cause. [2000 c 94 § 15; 1989 c 420 § 7; 1974 ex.s. c 198
§ 11; 1973 1st ex.s. c 117 § 12.]
10.77.140 Periodic examinations—Developmentally
disabled—Reports—Notice to court. Each person committed to a hospital or other facility or conditionally released
pursuant to this chapter shall have a current examination of
his or her mental condition made by one or more experts or
professional persons at least once every six months. The
person may retain, or if the person is indigent and so
requests, the court may appoint a qualified expert or professional person to examine him or her, and such expert or
professional person shall have access to all hospital records
concerning the person. In the case of a committed or conditionally released person who is developmentally disabled, the
expert shall be a developmental disabilities professional.
The secretary, upon receipt of the periodic report, shall
provide written notice to the court of commitment of
compliance with the requirements of this section. [1998 c
297 § 40; 1989 c 420 § 8; 1974 ex.s. c 198 § 12; 1973 1st
ex.s. c 117 § 14.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.150 Conditional release—Application—
Order—Procedure. (1) Persons examined pursuant to
RCW 10.77.140 may make application to the secretary for
conditional release. The secretary shall, after considering the
reports of experts or professional persons conducting the
examination pursuant to RCW 10.77.140, forward to the
court of the county which ordered the person’s commitment
the person’s application for conditional release as well as the
secretary’s recommendations concerning the application and
any proposed terms and conditions upon which the secretary
reasonably believes the person can be conditionally released.
Conditional release may also contemplate partial release for
work, training, or educational purposes.
(2) The court of the county which ordered the person’s
commitment, upon receipt of an application for conditional
release with the secretary’s recommendation for conditional
[Title 10 RCW—page 48]
release, shall within thirty days schedule a hearing. The
court may schedule a hearing on applications recommended
for disapproval by the secretary. The prosecuting attorney
shall represent the state at such hearings and shall have the
right to have the patient examined by an expert or professional person of the prosecuting attorney’s choice. If the
committed person is indigent, and he or she so requests, the
court shall appoint a qualified expert or professional person
to examine the person on his or her behalf. The issue to be
determined at such a hearing is whether or not the person
may be released conditionally without substantial danger to
other persons, or substantial likelihood of committing
criminal acts jeopardizing public safety or security. The
court, after the hearing, shall rule on the secretary’s recommendations, and if it disapproves of conditional release, may
do so only on the basis of substantial evidence. The court
may modify the suggested terms and conditions on which the
person is to be conditionally released. Pursuant to the
determination of the court after hearing, the committed
person shall thereupon be released on such conditions as the
court determines to be necessary, or shall be remitted to the
custody of the secretary. If the order of conditional release
includes a requirement for the committed person to report to
a community corrections officer, the order shall also specify
that the conditionally released person shall be under the
supervision of the secretary of corrections or such person as
the secretary of corrections may designate and shall follow
explicitly the instructions of the secretary of corrections including reporting as directed to a community corrections
officer, remaining within prescribed geographical boundaries,
and notifying the community corrections officer prior to
making any change in the offender’s address or employment.
(3) If the court determines that receiving regular or
periodic medication or other medical treatment shall be a
condition of the committed person’s release, then the court
shall require him or her to report to a physician or other
medical or mental health practitioner for the medication or
treatment. In addition to submitting any report required by
RCW 10.77.160, the physician or other medical or mental
health practitioner shall immediately upon the released
person’s failure to appear for the medication or treatment
report the failure to the court, to the prosecuting attorney of
the county in which the released person was committed, and
to the supervising community corrections officer.
(4) Any person, whose application for conditional
release has been denied, may reapply after a period of six
months from the date of denial. [1998 c 297 § 41; 1993 c
31 § 6; 1982 c 112 § 1; 1974 ex.s. c 198 § 13; 1973 1st
ex.s. c 117 § 15.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.155 Conditional release, furlough—
Secretary’s recommendation. No court may, without a
hearing, enter an order conditionally releasing or authorizing
the furlough of a person committed under this chapter,
unless the secretary has recommended the release or furlough. If the secretary has not recommended the release or
furlough, a hearing shall be held under RCW 10.77.150.
[1994 c 150 § 1.]
(2002 Ed.)
Criminally Insane—Procedures
10.77.160 Conditional release—Reports. When a
conditionally released person is required by the terms of his
or her conditional release to report to a physician, department of corrections community corrections officer, or
medical or mental health practitioner on a regular or periodic
basis, the physician, department of corrections community
corrections officer, medical or mental health practitioner, or
other such person shall monthly, for the first six months
after release and semiannually thereafter, or as otherwise
directed by the court, submit to the court, the secretary, the
institution from which released, and to the prosecuting
attorney of the county in which the person was committed,
a report stating whether the person is adhering to the terms
and conditions of his or her conditional release. [1993 c 31
§ 7; 1973 1st ex.s. c 117 § 16.]
10.77.163 Furlough—Notice—Temporary restraining order. (1) Before a person committed under this chapter
is permitted temporarily to leave a treatment facility for any
period of time without constant accompaniment by facility
staff, the superintendent, professional person in charge of a
treatment facility, or his or her professional designee shall in
writing notify the prosecuting attorney of any county to
which the person is released and the prosecuting attorney of
the county in which the criminal charges against the committed person were dismissed, of the decision conditionally
to release the person. The notice shall be provided at least
forty-five days before the anticipated release and shall
describe the conditions under which the release is to occur.
(2) In addition to the notice required by subsection (1)
of this section, the superintendent of each state institution
designated for the custody, care, and treatment of persons
committed under this chapter shall notify appropriate law
enforcement agencies through the state patrol communications network of the furloughs of persons committed under
RCW 10.77.090 or 10.77.110. Notification shall be made at
least thirty days before the furlough, and shall include the
name of the person, the place to which the person has
permission to go, and the dates and times during which the
person will be on furlough.
(3) Upon receiving notice that a person committed under
this chapter is being temporarily released under subsection
(1) of this section, the prosecuting attorney may seek a
temporary restraining order to prevent the release of the person on the grounds that the person is dangerous to self or
others.
(4) The notice requirements contained in this section
shall not apply to emergency medical furloughs.
(5) The existence of the notice requirements contained
in this section shall not require any extension of the release
date in the event the release plan changes after notification.
(6) The notice provisions of this section are in addition
to those provided in RCW 10.77.205. [1994 c 129 § 4; 1990
c 3 § 106; 1989 c 420 § 9; 1983 c 122 § 2.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.77.165 Escape or disappearance—Notification
requirements. In the event of an escape by a person
committed under this chapter from a state institution or the
(2002 Ed.)
10.77.160
disappearance of such a person on conditional release to the
department of social and health services, the superintendent,
or in the event of a disappearance of such a person on
conditional release to the department of corrections, the
community corrections officer shall, as appropriate, notify
local law enforcement officers, other governmental agencies,
the person’s relatives, and any other appropriate persons
about information necessary for the public safety or to assist
in the apprehension of the person. The notice provisions of
this section are in addition to those provided in RCW
10.77.205. [1993 c 31 § 8; 1990 c 3 § 107; 1989 c 420 §
10; 1983 c 122 § 3.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.77.170 Payments to conditionally released
persons. As funds are available, the secretary may provide
payment to a person conditionally released pursuant to RCW
10.77.150, consistent with the provisions of RCW 72.02.100
and 72.02.110, and may adopt rules and regulations to do so.
[1973 1st ex.s. c 117 § 17.]
10.77.180 Conditional release—Periodic review of
case. Each person conditionally released pursuant to RCW
10.77.150 shall have his or her case reviewed by the court
which conditionally released him or her no later than one
year after such release and no later than every two years
thereafter, such time to be scheduled by the court. Review
may occur in a shorter time or more frequently, if the court,
in its discretion, on its own motion, or on motion of the
person, the secretary of social and health services, the
secretary of corrections, medical or mental health practitioner, or the prosecuting attorney, so determines. The sole
question to be determined by the court is whether the person
shall continue to be conditionally released. The court in
making its determination shall be aided by the periodic
reports filed pursuant to RCW 10.77.140 and 10.77.160, and
the opinions of the secretary and other experts or professional persons. [1998 c 297 § 42; 1993 c 31 § 9; 1974 ex.s. c
198 § 14; 1973 1st ex.s. c 117 § 18.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.190 Conditional release—Revocation or
modification of terms—Procedure. (1) Any person
submitting reports pursuant to RCW 10.77.160, the secretary,
or the prosecuting attorney may petition the court to, or the
court on its own motion may schedule an immediate hearing
for the purpose of modifying the terms of conditional release
if the petitioner or the court believes the released person is
failing to adhere to the terms and conditions of his or her
conditional release or is in need of additional care and
treatment.
(2) If the prosecuting attorney, the secretary of social
and health services, the secretary of corrections, or the court,
after examining the report filed with them pursuant to RCW
10.77.160, or based on other information received by them,
reasonably believes that a conditionally released person is
failing to adhere to the terms and conditions of his or her
conditional release the court or secretary of social and health
services or the secretary of corrections may order that the
[Title 10 RCW—page 49]
10.77.190
Title 10 RCW: Criminal Procedure
conditionally released person be apprehended and taken into
custody until such time as a hearing can be scheduled to
determine the facts and whether or not the person’s conditional release should be revoked or modified. The court
shall be notified before the close of the next judicial day of
the apprehension. Both the prosecuting attorney and the
conditionally released person shall have the right to request
an immediate mental examination of the conditionally
released person. If the conditionally released person is
indigent, the court or secretary of social and health services
or the secretary of corrections or their designees shall, upon
request, assist him or her in obtaining a qualified expert or
professional person to conduct the examination.
(3) If the hospital or facility designated to provide
outpatient care determines that a conditionally released
person presents a threat to public safety, the hospital or
facility shall immediately notify the secretary of social and
health services or the secretary of corrections or their
designees. The secretary shall order that the conditionally
released person be apprehended and taken into custody.
(4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing. The issue to be
determined is whether the conditionally released person did
or did not adhere to the terms and conditions of his or her
release, or whether the person presents a threat to public
safety. Pursuant to the determination of the court upon such
hearing, the conditionally released person shall either
continue to be conditionally released on the same or modified conditions or his or her conditional release shall be
revoked and he or she shall be committed subject to release
only in accordance with provisions of this chapter. [1998 c
297 § 43; 1993 c 31 § 10; 1982 c 112 § 2; 1974 ex.s. c 198
§ 15; 1973 1st ex.s. c 117 § 19.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.200 Release—Procedure. (1) Upon application
by the committed or conditionally released person, the
secretary shall determine whether or not reasonable grounds
exist for release. In making this determination, the secretary
may consider the reports filed under RCW 10.77.060,
10.77.110, 10.77.140, and 10.77.160, and other reports and
evaluations provided by professionals familiar with the case.
If the secretary approves the release he or she then shall
authorize the person to petition the court.
(2) The petition shall be served upon the court and the
prosecuting attorney. The court, upon receipt of the petition
for release, shall within forty-five days order a hearing.
Continuance of the hearing date shall only be allowed for
good cause shown. The prosecuting attorney shall represent
the state, and shall have the right to have the petitioner
examined by an expert or professional person of the prosecuting attorney’s choice. If the petitioner is indigent, and the
person so requests, the court shall appoint a qualified expert
or professional person to examine him or her. If the
petitioner is developmentally disabled, the examination shall
be performed by a developmental disabilities professional.
The hearing shall be before a jury if demanded by either the
petitioner or the prosecuting attorney. The burden of proof
shall be upon the petitioner to show by a preponderance of
the evidence that the petitioner no longer presents, as a result
of a mental disease or defect, a substantial danger to other
[Title 10 RCW—page 50]
persons, or a substantial likelihood of committing criminal
acts jeopardizing public safety or security, unless kept under
further control by the court or other persons or institutions.
(3) Nothing contained in this chapter shall prohibit the
patient from petitioning the court for release or conditional
release from the institution in which he or she is committed.
The issue to be determined on such proceeding is whether
the petitioner, as a result of a mental disease or defect, is a
substantial danger to other persons, or presents a substantial
likelihood of committing criminal acts jeopardizing public
safety or security, unless kept under further control by the
court or other persons or institutions.
Nothing contained in this chapter shall prohibit the
committed person from petitioning for release by writ of
habeas corpus. [2000 c 94 § 16; 1998 c 297 § 44; 1993 c
31 § 11; 1989 c 420 § 11; 1983 c 25 § 2; 1974 ex.s. c 198
§ 16; 1973 1st ex.s. c 117 § 20.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.205 Sexual or violent offenders—Notice of
release, escape, etc.—Definitions. (1)(a) At the earliest
possible date, and in no event later than thirty days before
conditional release, release, authorized furlough pursuant to
RCW 10.77.163, or transfer to a less-restrictive facility than
a state mental hospital, the superintendent shall send written
notice of the conditional release, release, authorized furlough,
or transfer of a person who has been found not guilty of a
sex, violent, or felony harassment offense by reason of
insanity and who is now in the custody of the department
pursuant to this chapter, to the following:
(i) The chief of police of the city, if any, in which the
person will reside; and
(ii) The sheriff of the county in which the person will
reside.
(b) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific person committed under
this chapter:
(i) The victim of the crime for which the person was
committed or the victim’s next of kin if the crime was a
homicide;
(ii) Any witnesses who testified against the person in
any court proceedings; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be
available to the person committed under this chapter.
(c) In addition to the notice requirements of (a) and (b)
of this subsection, the superintendent shall comply with
RCW 10.77.163.
(d) The thirty-day notice requirement contained in (a)
and (b) of this subsection shall not apply to emergency
medical furloughs.
(e) The existence of the notice requirements in (a) and
(b) of this subsection shall not require any extension of the
release date in the event the release plan changes after
notification.
(2002 Ed.)
Criminally Insane—Procedures
(2) If a person who has been found not guilty of a sex,
violent, or felony harassment offense by reason of insanity
and who is committed under this chapter escapes, the
superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the person resided
immediately before the person’s arrest. If previously
requested, the superintendent shall also notify the witnesses
and the victim, if any, of the crime for which the person was
committed or the victim’s next of kin if the crime was a
homicide. The superintendent shall also notify appropriate
persons pursuant to RCW 10.77.165. If the person is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later
than two working days after the department learns of such
recapture.
(3) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this
section shall be sent to the parents or legal guardian of the
child.
(4) The department shall send the notices required by
this chapter to the last address provided to the department by
the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of this section the following terms
have the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Next of kin" means a person’s spouse, parents,
siblings, and children;
(d) "Authorized furlough" means a furlough granted
after compliance with RCW 10.77.163;
(e) "Felony harassment offense" means a crime of
harassment as defined in RCW 9A.46.060 that is a felony.
[2000 c 94 § 17; 1994 c 129 § 5; 1992 c 186 § 8; 1990 c 3
§ 104.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.77.207 Persons acquitted of sex offense due to
insanity—Release of information authorized. In addition
to any other information required to be released under this
chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information necessary to protect
the public concerning a person who was acquitted of a sex
offense as defined in RCW 9.94A.030 due to insanity and
was subsequently committed to the department pursuant to
this chapter. [1990 c 3 § 105.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.77.210 Right to adequate care and treatment—
Records and reports. (1) Any person involuntarily detained, hospitalized, or committed pursuant to the provisions
of this chapter shall have the right to adequate care and
individualized treatment. The person who has custody of the
patient or is in charge of treatment shall keep records
(2002 Ed.)
10.77.205
detailing all medical, expert, and professional care and
treatment received by a committed person, and shall keep
copies of all reports of periodic examinations of the patient
that have been filed with the secretary pursuant to this
chapter. Except as provided in RCW 10.77.205 and
4.24.550 regarding the release of information concerning
insane offenders who are acquitted of sex offenses and
subsequently committed pursuant to this chapter, all records
and reports made pursuant to this chapter, shall be made
available only upon request, to the committed person, to his
or her attorney, to his or her personal physician, to the
supervising community corrections officer, to the prosecuting
attorney, to the court, to the protection and advocacy agency,
or other expert or professional persons who, upon proper
showing, demonstrates a need for access to such records.
All records and reports made pursuant to this chapter shall
also be made available, upon request, to the department of
corrections or the indeterminate sentence review board if the
person was on parole, probation, or community supervision
at the time of detention, hospitalization, or commitment or
the person is subsequently convicted for the crime for which
he or she was detained, hospitalized, or committed pursuant
to this chapter.
(2) All relevant records and reports as defined by the
department in rule shall be made available, upon request, to
criminal justice agencies as defined in RCW 10.97.030.
[1998 c 297 § 45; 1993 c 31 § 12; 1990 c 3 § 108; 1989 c
420 § 12; 1983 c 196 § 3; 1973 1st ex.s. c 117 § 21.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.77.2101 Implementation of legislative intent. In
developing rules under RCW 10.77.210(2), the department
shall implement the following legislative intent: Increasing
public safety; and making decisions based on a person’s
current conduct and mental condition rather than the classification of the charges. [1998 c 297 § 46.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.220 Incarceration in correctional institution
or facility prohibited—Exceptions. No person confined
pursuant to this chapter shall be incarcerated in a state
correctional institution or facility: PROVIDED, That nothing
herein shall prohibit confinement in a mental health facility
located wholly within a correctional institution. Confinement
in a county jail or other local facility while awaiting either
placement in a treatment program or a court hearing pursuant
to this chapter is permitted for no more than seven days.
[1982 c 112 § 3; 1974 ex.s. c 198 § 17; 1973 1st ex.s. c 117
§ 22.]
10.77.230 Appellate review. Either party may seek
appellate review of the judgment of any hearing held
pursuant to the provisions of this chapter. [1988 c 202 § 16;
1974 ex.s. c 198 § 18; 1973 1st ex.s. c 117 § 23.]
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
[Title 10 RCW—page 51]
10.77.240
Title 10 RCW: Criminal Procedure
10.77.240 Existing rights not affected. Nothing in
this chapter shall prohibit a person presently committed from
exercising a right presently available to him or her for
obtaining release from confinement, including the right to
petition for a writ of habeas corpus. [1999 c 13 § 3; 1973
1st ex.s. c 117 § 24.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
10.77.250 Responsibility for costs—Reimbursement.
The department shall be responsible for all costs relating to
the evaluation and treatment of persons committed to it
pursuant to any provisions of this chapter, and the logistical
and supportive services pertaining thereto. Reimbursement
may be obtained by the department pursuant to RCW
43.20B.330. [1987 c 75 § 1; 1985 c 245 § 1; 1973 1st ex.s.
c 117 § 25.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
10.77.260 Violent act—Presumptions. (1) In
determining whether a defendant has committed a violent act
the court must:
(a) Presume that a past conviction, guilty plea, or
finding of not guilty by reason of insanity establishes the
elements necessary for the crime charged;
(b) Consider that the elements of a crime may not be
sufficient in themselves to establish that the defendant
committed a violent act; and
(c) Presume that the facts underlying the elements, if
unrebutted, are sufficient to establish that the defendant
committed a violent act.
(2) The presumptions in subsection (1) of this section
are rebuttable.
(3) In determining the facts underlying the elements of
any crime under subsection (1) of this section, the court may
consider information including, but not limited to, the
following material relating to the crime:
(a) Affidavits or declarations made under penalty of
perjury;
(b) Criminal history record information, as defined in
chapter 10.97 RCW; and
(c) Its own or certified copies of another court’s records
such as criminal complaints, certifications of probable cause
to detain, dockets, and orders on judgment and sentencing.
[2000 c 74 § 5.]
Severability—2000 c 74: See note following RCW 10.77.060.
10.77.800 Evaluation of chapter 297, Laws of
1998—Recidivism, competency restoration, information
sharing. (1) The Washington state institute for public policy
shall conduct an evaluation of chapter 297, Laws of 1998 to
determine:
(a) Whether there has been a reduction in recidivism for
mentally ill offenders who are felons or who meet the
criteria specified in RCW 10.77.090(1)(d) and received
mental health services as a result of the provisions of
chapters 10.77 and 71.05 RCW.
(b) The number of nonfelony offenders who have been
referred to competency restoration under RCW
10.77.090(1)(d)(i)(C) and the percentage of such offenders
[Title 10 RCW—page 52]
who have been restored to competency within the allotted
time for felons, nonfelony offenders meeting the criteria
under RCW 10.77.090(1)(d), and the nonfelony offenders
who do not meet this criteria.
(c) Whether the information-sharing provisions of
chapter 297, Laws of 1998 are adequate to provide necessary
information to the affected parties. The analysis shall
include findings as to whether the flow of information is resulting in the efficient usage of the information and whether
there are revisions in the flow which would better allow the
courts, professional persons, and parties to proceedings to
make better use of the information.
(2) The evaluation shall be presented to the legislature
on or before November 15, 2003. [1998 c 297 § 54.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
10.77.900 Savings—Construction—1973 1st ex.s. c
117. (1) Any acts done before July 1, 1973 and any
proceedings then pending and any constitutional right or any
action taken in any proceeding pending under statutes in
effect prior to July 1, 1973 are not impaired by this chapter.
(2) This chapter shall also apply to persons committed
under prior law as incompetent to stand trial or as being
criminally insane and to any proceedings in court then
pending or thereafter commenced regardless of when the
proceedings were commenced, except to the extent that in
the opinion of the court, the former procedure should
continue to be made applicable in a particular case in the
interest of justice or because of infeasibility of application of
the procedures of this chapter. [1973 1st ex.s. c 117 § 26.]
10.77.910 Severability—1973 1st ex.s. c 117. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or its
application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 117 § 27.]
10.77.920 Chapter successor to chapter 10.76 RCW.
Sections 1 through 27 of this act shall constitute a new
chapter in Title 10 RCW, and shall be considered the
successor chapter to chapter 10.76 RCW. [1973 1st ex.s. c
117 § 28.]
10.77.930 Effective date—1973 1st ex.s. c 117. This
act shall take effect on July 1, 1973. [1973 1st ex.s. c 117
§ 30.]
10.77.940 Equal application of 1989 c 420—
Evaluation for developmental disability. The provisions
of chapter 420, Laws of 1989 shall apply equally to persons
in the custody of the department on May 13, 1989, who
were found by a court to be not guilty by reason of insanity
or incompetent to stand trial, or who have been found to
have committed acts constituting a felony pursuant to RCW
71.05.280(3) and present a substantial likelihood of repeating
similar acts, and the secretary shall cause such persons to be
evaluated to ascertain if such persons are developmentally
disabled for placement in a program specifically reserved for
the treatment and training of persons with developmental
disabilities. [1999 c 13 § 4; 1989 c 420 § 17.]
(2002 Ed.)
Criminally Insane—Procedures
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Chapter 10.79
SEARCHES AND SEIZURES
Sections
10.79.015
10.79.020
10.79.040
10.79.045
10.79.050
10.79.060
10.79.070
10.79.080
10.79.090
10.79.100
10.79.110
Other grounds for issuance of search warrant.
To whom directed—Contents.
Search without warrant unlawful.
Search without warrant unlawful—Penalty.
Restoration of stolen property to owner—Duties of officers.
Strip, body cavity searches—Legislative intent.
Strip, body cavity searches—Definitions.
Strip, body cavity searches—Warrant, authorization, report.
Strip, body cavity searches—Medical care not precluded.
Strip, body cavity searches—Standards for conducting.
Strip, body cavity searches—Actions for damages, injunctive
relief.
10.79.120 Strip, body cavity searches—Application of RCW 10.79.130
through 10.79.160.
10.79.130 Strip, body cavity searches—Warrant required—Exceptions.
10.79.140 Strip, body cavity searches—Uncategorized searches—
Determination of reasonable suspicion, probable cause—
Less-intrusive alternatives.
10.79.150 Strip, body cavity searches—Written record required, contents—Unnecessary persons prohibited.
10.79.160 Strip, body cavity searches—Physical examinations for public health purposes excluded.
10.79.170 Strip, body cavity searches—Nonliability when search delayed.
Rules of court: Search and seizure—CrR 2.3; CrRLJ 2.3.
Alcoholic beverage control, search and seizure: Chapter 66.32 RCW.
Controlled substances, search and seizure: RCW 69.50.509.
10.79.015 Other grounds for issuance of search
warrant. Any such magistrate, when satisfied that there is
reasonable cause, may also, upon like complaint made on
oath, issue search warrant in the following cases, to wit:
(1) To search for and seize any counterfeit or spurious
coin, or forged instruments, or tools, machines or materials,
prepared or provided for making either of them.
(2) To search for and seize any gaming apparatus used
or kept, and to be used in any unlawful gaming house, or in
any building, apartment or place, resorted to for the purpose
of unlawful gaming.
(3) To search for and seize any evidence material to the
investigation or prosecution of any homicide or any felony:
PROVIDED, That if the evidence is sought to be secured
from any radio or television station or from any regularly
published newspaper, magazine or wire service, or from any
employee of such station, wire service or publication, the
evidence shall be secured only through a subpoena duces
tecum unless: (a) There is probable cause to believe that the
person or persons in possession of the evidence may be
involved in the crime under investigation; or (b) there is
probable cause to believe that the evidence sought to be
seized will be destroyed or hidden if subpoena duces tecum
procedures are followed. As used in this subsection, "person
or persons" includes both natural and judicial persons.
(4) To search for and seize any instrument, apparatus or
device used to obtain telephone or telegraph service in
violation of *RCW 9.45.240. [1980 c 52 § 1; 1972 ex.s. c
75 § 2; 1969 c 83 § 1; 1949 c 86 § 1; Code 1881 § 986;
(2002 Ed.)
10.77.940
1873 p 216 § 154; 1854 p 101 § 2; Rem. Supp. 1949 §
2238. Formerly RCW 10.79.010, part.]
*Reviser’s note: RCW 9.45.240 was recodified as RCW 9.26A.110
pursuant to 1990 c 11 § 5.
10.79.020 To whom directed—Contents. All such
warrants shall be directed to the sheriff of the county, or his
deputy, or to any constable of the county, commanding such
officer to search the house or place where the stolen property
or other things for which he is required to search are
believed to be concealed, which place and property, or things
to be searched for shall be designated and described in the
warrant, and to bring such stolen property or other things,
when found, and the person in whose possession the same
shall be found, before the magistrate who shall issue the
warrant, or before some other magistrate or court having
cognizance of the case. [Code 1881 § 969; 1873 p 216 §
155; 1854 p 101 § 3; RRS § 2239.]
10.79.040 Search without warrant unlawful. It shall
be unlawful for any policeman or other peace officer to enter
and search any private dwelling house or place of residence
without the authority of a search warrant issued upon a
complaint as by law provided. [1921 c 71 § 1; RRS § 22401. FORMER PART OF SECTION: 1921 c 71 § 2; RRS §
2240-2, now codified as RCW 10.79.045.]
10.79.045 Search without warrant unlawful—
Penalty. Any policeman or other peace officer violating the
provisions of RCW 10.79.040 shall be guilty of a gross
misdemeanor. [1921 c 71 § 2; RRS § 2240-2. Formerly
RCW 10.79.040, part.]
10.79.050 Restoration of stolen property to owner—
Duties of officers. All property obtained by larceny,
robbery or burglary, shall be restored to the owner; and no
sale, whether in good faith on the part of the purchaser or
not, shall divest the owner of his rights to such property; and
it shall be the duty of the officer who shall arrest any person
charged as principal or accessory in any robbery or larceny,
to secure the property alleged to have been stolen, and he
shall be answerable for the same, and shall annex a schedule
thereof to his return of the warrant. [Code 1881 § 851; 1873
p 192 § 57; 1854 p 84 § 51; RRS § 2129.]
10.79.060 Strip, body cavity searches—Legislative
intent. It is the intent of the legislature to establish policies
regarding the practice of strip searching persons booked into
holding, detention, or local correctional facilities. It is the
intent of the legislature to restrict the practice of strip
searching and body cavity searching persons booked into
holding, detention, or local correctional facilities to those
situations where such searches are necessary. [1983 1st ex.s.
c 42 § 1.]
Effective date—1983 1st ex.s. c 42: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect on July 1, 1983." [1983 1st ex.s. c 42 § 10.]
Severability—1983 1st ex.s. c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 42 § 9.]
[Title 10 RCW—page 53]
10.79.070
Title 10 RCW: Criminal Procedure
10.79.070 Strip, body cavity searches—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 10.79.060 through
10.79.110.
(1) "Strip search" means having a person remove or
arrange some or all of his or her clothing so as to permit an
inspection of the genitals, buttocks, anus, or undergarments
of the person or breasts of a female person.
(2) "Body cavity search" means the touching or probing
of a person’s body cavity, whether or not there is actual
penetration of the body cavity.
(3) "Body cavity" means the stomach or rectum of a
person and the vagina of a female person.
(4) "Law enforcement agency" and "law enforcement
officer" include local departments of corrections created
pursuant to RCW 70.48.090(3) and employees thereof.
[1983 1st ex.s. c 42 § 2.]
Effective date—Severability—1983 1st ex.s. c 42: See notes
following RCW 10.79.060.
10.79.080 Strip, body cavity searches—Warrant,
authorization, report. (1) No person may be subjected to
a body cavity search by or at the direction of a law enforcement agency unless a search warrant is issued pursuant
to superior court criminal rules.
(2) No law enforcement officer may seek a warrant for
a body cavity search without first obtaining specific authorization for the body cavity search from the ranking shift
supervisor of the law enforcement authority. Authorization
for the body cavity search may be obtained electronically:
PROVIDED, That such electronic authorization shall be
reduced to writing by the law enforcement officer seeking
the authorization and signed by the ranking supervisor as
soon as possible thereafter.
(3) Before any body cavity search is authorized or
conducted, a thorough pat-down search, a thorough electronic metal-detector search, and a thorough clothing search,
where appropriate, must be used to search for and seize any
evidence of a crime, contraband, fruits of crime, things
otherwise criminally possessed, weapons, or other things by
means of which a crime has been committed or reasonably
appears about to be committed. No body cavity search shall
be authorized or conducted unless these other methods do
not satisfy the safety, security, or evidentiary concerns of the
law enforcement agency.
(4) A law enforcement officer requesting a body cavity
search shall prepare and sign a report regarding the body
cavity search. The report shall include:
(a) A copy of the written authorization required under
subsection (2) of this section;
(b) A copy of the warrant and any supporting documents required under subsection (1) of this section;
(c) The name and sex of all persons conducting or
observing the search;
(d) The time, date, place, and description of the search;
and
(e) A statement of the results of the search and a list of
any items removed from the person as a result of the search.
The report shall be retained as part of the law enforcement agency’s records. [1983 1st ex.s. c 42 § 3.]
10.79.090 Strip, body cavity searches—Medical care
not precluded. Nothing in RCW 10.79.080 or this section
may be construed as precluding or preventing the administration of medical care to persons requiring immediate
medical care or requesting medical care. [1983 1st ex.s. c
42 § 4.]
Effective date—Severability—1983 1st ex.s. c 42: See notes
following RCW 10.79.060.
10.79.100 Strip, body cavity searches—Standards
for conducting. (1) Persons conducting a strip search shall
not touch the person being searched except as reasonably
necessary to effectuate the strip search of the person.
(2) Any body cavity search must be performed under
sanitary conditions and conducted by a physician, registered
nurse, or physician’s assistant, licensed to practice in this
state, who is trained in the proper medical process and the
potential health problems associated with a body cavity
search. No health professional authorized by this subsection
to conduct a body cavity search shall be held liable in any
civil action if the search is conducted in a manner that meets
the standards and requirements of RCW 4.24.290 and
7.70.040.
(3) Except as provided in subsection (7) of this section,
a strip search or body cavity search, as well as presearch
undressing or postsearch dressing, shall occur at a location
made private from the observation of persons not physically
conducting the search. A strip search or body cavity search
shall be performed or observed only by persons of the same
sex as the person being searched, except for licensed medical
professionals as required by subsection (2) of this section.
(4) Except as provided in subsection (5) of this section,
no person may be present or observe during the search
unless the person is necessary to conduct the search or to
ensure the safety of those persons conducting the search.
(5) Nothing in this section prohibits a person upon
whom a body cavity search is to be performed from having
a readily available person of his or her choosing present at
the time the search is conducted. However, the person
chosen shall not be a person being held in custody by a law
enforcement agency.
(6) RCW 10.79.080 and this section shall not be
interpreted as expanding or diminishing the authority of a
law enforcement officer with respect to searches incident to
arrest or investigatory stop in public.
(7) A strip search of a person housed in a holding,
detention, or local correctional facility to search for and
seize a weapon may be conducted at other than a private
location if there arises a specific threat to institutional
security that reasonably requires such a search or if all
persons in the facility are being searched for the discovery
of weapons or contraband. [1983 1st ex.s. c 42 § 5.]
Effective date—Severability—1983 1st ex.s. c 42: See notes
following RCW 10.79.060.
10.79.110 Strip, body cavity searches—Actions for
damages, injunctive relief. (1) A person who suffers
damage or harm as a result of a violation of RCW
10.79.080, 10.79.090, 10.79.100, or 10.79.130 through
10.79.170 may bring a civil action to recover actual damages
Effective date—Severability—1983 1st ex.s. c 42: See notes
following RCW 10.79.060.
[Title 10 RCW—page 54]
(2002 Ed.)
Searches and Seizures
sustained by him or her. The court may, in its discretion,
award injunctive and declaratory relief as it deems necessary.
(2) RCW 10.79.080, 10.79.090, 10.79.100, and
10.79.130 through 10.79.170 shall not be construed as
limiting any constitutional, common law, or statutory right
of any person regarding any action for damages or injunctive
relief, or as precluding the prosecution under another
provision of law of any law enforcement officer or other
person who has violated RCW 10.79.080, 10.79.090,
10.79.100, or 10.79.130 through 10.79.170. [1986 c 88 § 7;
1983 1st ex.s. c 42 § 6.]
Effective date—Severability—1983 1st ex.s. c 42: See notes
following RCW 10.79.060.
10.79.120 Strip, body cavity searches—Application
of RCW 10.79.130 through 10.79.160. RCW 10.79.130
through 10.79.160 apply to any person in custody at a holding, detention, or local correctional facility, other than a person committed to incarceration by order of a court, regardless of whether an arrest warrant or other court order was
issued before the person was arrested or otherwise taken into
custody unless the court issuing the warrant has determined
that the person shall not be released on personal recognizance, bail, or bond. RCW 10.79.130 through 10.79.160 do
not apply to a person held for post-conviction incarceration
for a criminal offense. The definitions and remedies
provided by RCW 10.79.070 and 10.79.110 apply to RCW
10.79.130 through 10.79.160. [1986 c 88 § 1.]
10.79.130 Strip, body cavity searches—Warrant
required—Exceptions. (1) No person to whom this section
is made applicable by RCW 10.79.120 may be strip searched
without a warrant unless:
(a) There is a reasonable suspicion to believe that a strip
search is necessary to discover weapons, criminal evidence,
contraband, or other thing concealed on the body of the
person to be searched, that constitutes a threat to the security
of a holding, detention, or local correctional facility;
(b) There is probable cause to believe that a strip search
is necessary to discover other criminal evidence concealed
on the body of the person to be searched, but not constituting a threat to facility security; or
(c) There is a reasonable suspicion to believe that a strip
search is necessary to discover a health condition requiring
immediate medical attention.
(2) For the purposes of subsection (1) of this section, a
reasonable suspicion is deemed to be present when the
person to be searched has been arrested for:
(a) A violent offense as defined in RCW 9.94A.030 or
any successor statute;
(b) An offense involving escape, burglary, or the use of
a deadly weapon; or
(c) An offense involving possession of a drug or
controlled substance under chapter 69.41, 69.50, or 69.52
RCW or any successor statute. [1986 c 88 § 2.]
10.79.140
Strip, body cavity searches—
Uncategorized searches—Determination of reasonable
suspicion, probable cause—Less-intrusive alternatives.
(1) A person to whom this section is made applicable by
RCW 10.79.120 who has not been arrested for an offense
(2002 Ed.)
10.79.110
within one of the categories specified in RCW 10.79.130(2)
may nevertheless be strip searched, but only upon an
individualized determination of reasonable suspicion or
probable cause as provided in this section.
(2) With the exception of those situations in which
reasonable suspicion is deemed to be present under RCW
10.79.130(2), no strip search may be conducted without the
specific prior written approval of the jail unit supervisor on
duty. Before any strip search is conducted, reasonable
efforts must be made to use other less-intrusive means, such
as pat-down, electronic metal detector, or clothing searches,
to determine whether a weapon, criminal evidence, contraband, or other thing is concealed on the body, or whether a
health condition requiring immediate medical attention is
present. The determination of whether reasonable suspicion
or probable cause exists to conduct a strip search shall be
made only after such less-intrusive means have been used
and shall be based on a consideration of all information and
circumstances known to the officer authorizing the strip
search, including but not limited to the following factors:
(a) The nature of the offense for which the person to be
searched was arrested;
(b) The prior criminal record of the person to be
searched; and
(c) Physically violent behavior of the person to be
searched, during or after the arrest. [1986 c 88 § 3.]
10.79.150 Strip, body cavity searches—Written
record required, contents—Unnecessary persons prohibited. (1) A written record of any strip search shall be
maintained in the individual file of each person strip
searched.
(2) With respect to any strip search conducted under
RCW 10.79.140, the record shall contain the following
information:
(a) The name of the supervisor authorizing the strip
search;
(b) The specific facts constituting reasonable suspicion
to believe that the strip search was necessary;
(c) The name and serial number of the officer conducting the strip search and of all other persons present or
observing during any part of the strip search;
(d) The time, date, and place of the strip search; and
(e) Any weapons, criminal evidence, contraband, or
other thing, or health condition discovered as a result of the
strip search.
(3) With respect to any strip search conducted under
RCW 10.79.130(2), the record shall contain, in addition to
the offense or offenses for which the person searched was
arrested, the information required by subsection (2)(c), (d),
and (e) of this section.
(4) The record may be included or incorporated in
existing forms used by the facility, including the booking
form required under the Washington Administrative Code.
A notation of the name of the person strip searched shall
also be entered in the log of daily activities or other chronological record, if any, maintained pursuant to the Washington
Administrative Code.
(5) Except at the request of the person to be searched,
no person may be present or observe during the strip search
unless necessary to conduct the search. [1986 c 88 § 4.]
[Title 10 RCW—page 55]
10.79.160
Title 10 RCW: Criminal Procedure
10.79.160 Strip, body cavity searches—Physical
examinations for public health purposes excluded.
Physical examinations conducted by licensed medical
professionals solely for public health purposes under separate
statutory authority shall not be considered searches for
purposes of RCW 10.79.120, 10.79.130, and 10.79.140.
[1986 c 88 § 5.]
10.79.170 Strip, body cavity searches—Nonliability
when search delayed. No governmental entity and no
employee or contracting agent of a governmental entity shall
be liable for injury, death, or damage caused by a person in
custody when the injury, death, or damage is caused by or
made possible by contraband that would have been discovered sooner but for the delay caused by having to seek a
search warrant under RCW 10.79.080 or 10.79.130 through
10.79.160. [1986 c 88 § 6.]
Chapter 10.82
COLLECTION AND DISPOSITION OF
FINES AND COSTS
Sections
10.82.010
10.82.020
10.82.025
Execution for fines and costs.
Stay of execution for sixty days on recognizance.
Effect of recognizance—Execution of judgment after sixty
days.
10.82.030 Commitment for failure to pay fine and costs—Execution
against defendant’s property—Reduction by payment,
labor, or confinement.
10.82.040 Commitment for failure to pay fine and costs—Reduction of
amount by performance of labor.
10.82.070 Disposition of monetary payments.
10.82.080 Unlawful receipt of public assistance—Deduction from subsequent assistance payments—Restitution payments.
10.82.090 Interest on judgments—Disposition of nonrestitution interest.
City, county jail prisoners may be compelled to work: RCW 9.92.130,
9.92.140, 36.28.100.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection procedure, liability for, commitment for failure
to pay, execution: RCW 10.01.160 through 10.01.180.
Jury fee disposition: RCW 10.46.190.
Payment of fine and costs in installments: RCW 9.92.070, 10.01.170.
10.82.010 Execution for fines and costs. Upon a
judgment for fine and costs, and for all adjudged costs,
execution shall be issued against the property of the defendant, and returned in the same manner as in civil actions.
[Code 1881 § 1120; 1873 p 242 § 278; 1854 p 123 § 142;
RRS § 2201.]
Judgments a lien on realty: RCW 10.64.080.
10.82.020 Stay of execution for sixty days on
recognizance. Every defendant against whom a judgment
has been rendered for fine and costs, may stay the execution
for the fine assessed and costs for sixty days from the
rendition of the judgment, by procuring one or more sufficient sureties, to enter into a recognizance in open court,
acknowledging themselves to be bail for such fine and costs.
[Code 1881 § 1123; 1873 p 242 § 281; 1854 p 124 § 145;
RRS § 2204. FORMER PART OF SECTION: Code 1881
§ 1124; 1873 p 243 § 282; 1854 p 124 § 146; RRS § 2205,
now codified as RCW 10.82.025.]
[Title 10 RCW—page 56]
10.82.025 Effect of recognizance—Execution of
judgment after sixty days. Such sureties shall be approved
by the clerk, and the entry of the recognizance shall be
written immediately following the judgment, and signed by
the bail, and shall have the same effect as a judgment, and
if the fine or costs be not paid at the expiration of the sixty
days, a joint execution shall issue against the defendant and
the bail, and an execution against the body of the defendant,
who shall be committed to jail, to be released as provided in
*this act, in committal for default to pay or secure the fine
and costs. [Code 1881 § 1124; 1873 p 243 § 282; 1854 p
124 § 146; RRS § 2205. Formerly RCW 10.82.020, part.]
*Reviser’s note: The term "this act" apparently refers to "An act to
regulate the practice and pleadings in prosecutions for crimes" first enacted
by Laws of 1854, page 100.
10.82.030 Commitment for failure to pay fine and
costs—Execution against defendant’s property—
Reduction by payment, labor, or confinement. If any
person ordered into custody until the fine and costs adjudged
against him be paid shall not, within five days, pay, or cause
the payment of the same to be made, the clerk of the court
shall issue a warrant to the sheriff commanding him to
imprison such defendant in the county jail until the amount
of such fine and costs owing are paid. Execution may at
any time issue against the property of the defendant for that
portion of such fine and costs not reduced by the application
of this section. The amount of such fine and costs owing
shall be the whole of such fine and costs reduced by the
amount of any portion thereof paid, and an amount established by the county legislative authority for every day the
defendant performs labor as provided in RCW 10.82.040,
and a lesser amount established by the county legislative
authority for every day the defendant does not perform such
labor while imprisoned. [1991 c 183 § 1; 1983 c 276 § 2;
1967 c 200 § 4; 1891 c 28 § 84; 1883 p 38 § 1, part; Code
1881 § 1125; 1873 p 243 § 283; 1854 p 124 § 147; RRS §
2206. Formerly RCW 10.82.030 and 10.82.050.]
Severability—1967 c 200: See note following RCW 9.45.122.
Commitment until fines and costs are paid: RCW 10.70.010.
Fine and costs, liability of defendant, collection procedure, contempt,
commitment, execution: RCW 10.01.160 through 10.01.180.
10.82.040 Commitment for failure to pay fine and
costs—Reduction of amount by performance of labor.
When a defendant is committed to jail, on failure to pay any
fines and costs, he shall, under the supervision of the county
sheriff and subject to the terms of any ordinances adopted by
the county commissioners, be permitted to perform labor to
reduce the amount owing of the fine and costs. [1967 c 200
§ 5; 1883 p 38 § 1, part; Code 1881 § 1129; 1877 p 206 §
8; 1873 p 243 § 287; 1854 p 124 § 151; RRS § 2209, part.]
Severability—1967 c 200: See note following RCW 9.45.122.
10.82.070 Disposition of monetary payments. (1)
All sums of money derived from costs, fines, penalties, and
forfeitures imposed or collected, in whole or in part, by a
superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for
breach of the penal laws shall be paid in cash by the person
collecting the same, within twenty days after the collection,
(2002 Ed.)
Collection and Disposition of Fines and Costs
to the county treasurer of the county in which the same have
accrued.
(2) The county treasurer shall remit monthly thirty-two
percent of the money received under this section except for
certain costs to the state treasurer for deposit as provided
under RCW 43.08.250 and shall deposit the remainder as
provided by law. "Certain costs" as used in this subsection,
means those costs awarded to prevailing parties in civil
actions under RCW 4.84.010 or 36.18.040, or those costs
awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other
similar statutes if such costs are specifically designated as
costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the
prosecution of the case, including the fees of defense
counsel. Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation
or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. All fees, fines, forfeitures,
and penalties collected or assessed by a superior court in
cases on appeal from a lower court shall be remitted to the
municipal or district court from which the cases were
appealed. [1995 c 292 § 3; 1988 c 169 § 5; 1987 c 202 §
169; 1985 c 389 § 7; 1984 c 258 § 313; 1969 ex.s. c 199 §
11; 1967 c 122 § 1; 1965 c 158 § 16; 1919 c 30 § 1; 1909
p 323 § 9; 1897 c 118 § 113; 1895 c 68 § 1; 1890 p 383 §
89; 1886 p 20 § 58; Code 1881 § 3211; 1873 p 421 § 3;
RRS § 4940. Formerly codified as RCW 9.01.140.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1985 c 389: See note following RCW 27.24.070.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
10.82.080 Unlawful receipt of public assistance—
Deduction from subsequent assistance payments—
Restitution payments. (1) When a superior court has, as a
condition of the sentence for a person convicted of the
unlawful receipt of public assistance, ordered restitution to
the state of that overpayment or a portion thereof:
(a) The department of social and health services shall
deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is
receiving public assistance; or
(b) Ordered restitution payments may be made at the
direction of the court to the clerk of the appropriate county
or directly to the department of social and health services
when the person is not receiving public assistance.
(2) However, if payments are received by the county
clerk, each payment shall be transmitted to the department
of social and health services within forty-five days after
receipt by the county. [1987 c 75 § 2; 1985 c 245 § 2; 1982
c 201 § 1.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
10.82.070
judgment shall bear interest from the date of the judgment
until payment, at the rate applicable to civil judgments. All
nonrestitution interest retained by the court shall be split
twenty-five percent to the state treasurer for deposit in the
public safety and education account as provided in RCW
43.08.250, twenty-five percent to the state treasurer for
deposit in the judicial information system account as
provided in RCW 2.68.020, twenty-five percent to the county
current expense fund, and twenty-five percent to the county
current expense fund to fund local courts. [1995 c 291 § 7;
1989 c 276 § 3.]
Severability—1989 c 276: See note following RCW 9.95.062.
Chapter 10.85
REWARDS
Sections
10.85.030
Rewards by counties, cities, towns, port commissions authorized.
10.85.040 Conflicting claims.
10.85.050 Payment of rewards.
10.85.900 Severability—1979 ex.s. c 53.
Offer of rewards by governor: RCW 43.06.010(8).
10.85.030 Rewards by counties, cities, towns, port
commissions authorized. The legislative authority of any
county in the state, a port commission, or the governing
body of a city or town, when in its opinion the public good
requires it, is hereby authorized to offer and pay a suitable
reward to any person or persons for information leading to:
(a) The arrest of a specified person or persons convicted
of or charged with any criminal offense; or
(b) The arrest and conviction of a person or persons
committing a specified criminal offense.
In the event of crimes against county, port district, city,
or town property, including but not limited to road signs,
vehicles, buildings, or any other type of county, port district,
city, or town property, the legislative authority of any
county, a port commission, or the governing body of a city
or town may offer and pay a suitable reward to any person
or persons who shall furnish information leading to the arrest
and conviction of any person of any offense against this
county, port district, city, or town property, including but not
limited to those offenses set forth in RCW 9A.48.070
through 9A.48.090, whether or not the offense is a felony,
gross misdemeanor, or misdemeanor. [1986 c 185 § 1; 1981
c 211 § 1; 1979 ex.s. c 53 § 1; 1975-’76 2nd ex.s. c 25 § 1;
1886 p 124 § 1; RRS § 2249.]
10.85.040 Conflicting claims. When more than one
claimant applies for the payment of any reward, offered by
any county legislative authority, board of commissioners of
a port district, or city or town governing body, the county
legislative authority, board of commissioners of a port district, or city or town governing body shall determine to
whom the same shall be paid, and if to more than one
person, in what proportion to each; and their determination
shall be final and conclusive. [1986 c 185 § 2; 1979 ex.s.
c 53 § 2; 1886 p 124 § 3; RRS § 2251.]
10.82.090 Interest on judgments—Disposition of
nonrestitution interest. Financial obligations imposed in a
(2002 Ed.)
[Title 10 RCW—page 57]
10.85.050
Title 10 RCW: Criminal Procedure
10.85.050 Payment of rewards. Whenever any
reward has been offered by any county legislative authority,
board of commissioners of a port district, or city or town
governing body in the state under RCW 10.85.030, the
person or persons providing the information shall be entitled
to the reward, and the county legislative authority, board of
commissioners of a port district, or city or town governing
body which has offered the reward is authorized to draw a
warrant or warrants out of any money in the county, port
district, or city or town treasury, as appropriate, not otherwise appropriated. [1986 c 185 § 3; 1979 ex.s. c 53 § 3;
1886 p 124 § 2; RRS § 2250.]
10.85.900 Severability—1979 ex.s. c 53. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 53 § 6.]
Chapter 10.88
UNIFORM CRIMINAL EXTRADITION ACT
Sections
10.88.200
10.88.210
10.88.220
10.88.230
10.88.240
10.88.250
Definitions.
Authority of governor.
Demand for extradition—Requirements.
Investigation of demand—Report.
Return or surrender of person charged in another state.
Surrender of person charged with crime committed in state
other than demanding state.
10.88.260 Warrant of arrest.
10.88.270 Authority of officer or other person under warrant.
10.88.280 Authority to command assistance.
10.88.290 Rights of person arrested.
10.88.300 Delivery of person in violation of RCW 10.88.290—Penalty.
10.88.310 Confinement of prisoner.
10.88.320 Charge or complaint—Warrant of arrest.
10.88.330 Arrest without warrant.
10.88.340 Preliminary examination—Commitment.
10.88.350 Bail.
10.88.360 Failure to make timely arrest or demand for extradition.
10.88.370 Failure to appear—Bond forfeiture—Arrest—Recovery on
bond.
10.88.380 Pending criminal prosecution in this state.
10.88.390 Recall or reissuance of warrant.
10.88.400 Demand by governor of this state for extradition—
Warrant—Agent.
10.88.410 Application for requisition for return of person—Contents—
Affidavits—Copies.
10.88.415 Delivery without governor’s warrant.
10.88.420 Civil process—Service on extradited person.
10.88.430 Waiver of extradition.
10.88.440 Rights, powers, privileges or jurisdiction of state not waived.
10.88.450 Trial for other crimes.
10.88.460 Extradition or surrender of obligor—Uniform interstate family support act.
10.88.900 Construction—1971 ex.s. c 46.
10.88.910 Short title.
10.88.920 Effective date—1971 ex.s. c 46.
10.88.930 Severability—1971 ex.s. c 46.
Fugitives of this state: Chapter 10.34 RCW.
Interstate compact on juveniles: Chapter 13.24 RCW.
Return of parole violators from another state: RCW 9.95.280 through
9.95.300.
10.88.200 Definitions. Where appearing in this
chapter, the term "governor" includes any person performing
[Title 10 RCW—page 58]
the functions of governor by authority of the law of this
state. The term "executive authority" includes the governor,
and any person performing the functions of governor in a
state other than this state, and the term "state" referring to a
state other than this state refers to any other state, or the
District of Columbia, or territory organized or unorganized
of the United States of America. [1971 ex.s. c 46 § 1.]
Reviser’s note: Throughout this chapter, the phrase "this act" has
been changed to "this chapter." This act [1971 ex.s. c 46] consists of this
chapter, the 1971 amendment of RCW 26.21.050, and the repeal of RCW
10.88.010 through 10.88.060.
10.88.210 Authority of governor. Subject to the
provisions of this chapter, the provisions of the Constitution
of the United States controlling, and any and all acts of
congress enacted in pursuance thereof, the governor of this
state may in his discretion have arrested and delivered up to
the executive authority of any other state of the United
States any person charged in that state with treason, felony,
or other crime, who has fled from justice and is found in this
state. [1971 ex.s. c 46 § 2.]
10.88.220 Demand for extradition—Requirements.
No demand for the extradition of a person charged with
crime in another state shall be recognized by the governor
unless in writing alleging, except in cases arising under
RCW 10.88.250, that the accused was present in the demanding state at the time of the commission of the alleged
crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information
supported by affidavit in the state having jurisdiction of the
crime, or by a copy of an affidavit made before a magistrate
there, together with a copy of any warrant which was issued
thereupon; or by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a
statement by the executive authority of the demanding state
that the person claimed has escaped from confinement or has
broken the terms of his bail, probation or parole. The
indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with
having committed a crime under the law of that state; and
the copy of indictment, information, affidavit, judgment of
conviction or sentence must be certified or authenticated by
the executive authority making the demand. [1971 ex.s. c 46
§ 3.]
10.88.230 Investigation of demand—Report. When
a demand shall be made upon the governor of this state by
the executive authority of another state for the surrender of
a person so charged with crime, the governor may call upon
the attorney general or any prosecuting officer in this state
to investigate or assist in investigating the demand, and to
report to him the situation and circumstances of the person
so demanded, and whether he ought to be surrendered.
[1971 ex.s. c 46 § 4.]
10.88.240 Return or surrender of person charged
in another state. When it is desired to have returned to this
state a person charged in this state with a crime, and such
person is imprisoned or is held under criminal proceedings
then pending against him in another state, the governor of
(2002 Ed.)
Uniform Criminal Extradition Act
10.88.240
this state may agree with the executive authority of such
other state for the extradition of such person before the
conclusion of such proceedings or his term of sentence in
such other state, upon condition that such person be returned
to such other state at the expense of this state as soon as the
prosecution in this state is terminated.
The governor of this state may also surrender on
demand of the executive authority of any other state any
person in this state who is charged in the manner provided
in RCW 10.88.410 with having violated the laws of the state
whose executive authority is making the demand, even
though such person left the demanding state involuntarily.
[1971 ex.s. c 46 § 5.]
prisoner or his counsel shall state that he or they desire to
test the legality of his arrest, the judge of such court of
record shall fix a reasonable time to be allowed him within
which to apply for a writ of habeas corpus. When such writ
is applied for, notice thereof, and of the time and place of
hearing thereon, shall be given to the prosecuting officer of
the county in which the arrest is made and in which the
accused is in custody, and to the said agent of the demanding state: PROVIDED, That the hearing provided for in this
section shall not be available except as may be constitutionally required if a hearing on the legality of arrest has
been held pursuant to RCW 10.88.320 or 10.88.330. [1971
ex.s. c 46 § 10.]
10.88.250 Surrender of person charged with crime
committed in state other than demanding state. The
governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this
state charged in such other state in the manner provided in
RCW 10.88.220 with committing an act in this state, or in
a third state, intentionally resulting in a crime in the state
whose executive authority is making the demand, and the
provisions of this chapter not otherwise inconsistent, shall
apply to such cases, even though the accused was not in that
state at the time of the commission of the crime, and has not
fled therefrom. [1971 ex.s. c 46 § 6.]
10.88.300 Delivery of person in violation of RCW
10.88.290—Penalty. Any officer who shall deliver to the
agent for extradition of the demanding state a person in his
custody under the governor’s warrant, in wilful disobedience
to RCW 10.88.290, shall be guilty of a gross misdemeanor
and, on conviction, shall be imprisoned in the county jail for
not more than one year, or be fined not more than one
thousand dollars, or both. [1971 ex.s. c 46 § 11.]
10.88.260 Warrant of arrest. If the governor decides
that the demand should be complied with, he shall sign a
warrant of arrest, which shall be sealed with the state seal,
and be directed to any peace officer or other person whom
he may think fit to entrust with the execution thereof. The
warrant must substantially recite the facts necessary to the
validity of its issuance. [1971 ex.s. c 46 § 7.]
10.88.270 Authority of officer or other person
under warrant. Such warrant shall authorize the peace
officer or other person to whom directed to arrest the
accused at any time and any place where he may be found
within the state and to command the aid of all peace officers
or other persons in the execution of the warrant, and to
deliver the accused, subject to the provisions of this chapter
to the duly authorized agent of the demanding state. [1971
ex.s. c 46 § 8.]
10.88.280 Authority to command assistance. Every
such peace officer or other person empowered to make the
arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have
by law in the execution of any criminal process directed to
them, with like penalties against those who refuse their
assistance. [1971 ex.s. c 46 § 9.]
10.88.290 Rights of person arrested. No person
arrested upon such warrant shall be delivered over to the
agent whom the executive authority demanding him shall
have appointed to receive him unless he shall first be taken
forthwith before a judge of a court of record in this state,
who shall inform him of the demand made for his surrender
and of the crime with which he is charged, and that he has
the right to demand and procure legal counsel; and if the
(2002 Ed.)
10.88.310 Confinement of prisoner. The officer or
persons executing the governor’s warrant of arrest, or the
agent of the demanding state to whom the prisoner may have
been delivered may, when necessary, confine the prisoner in
the jail of any county or city through which he may pass;
and the keeper of such jail must receive and safely keep the
prisoner until the officer or person having charge of him is
ready to proceed on his route, such officer or person being
chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a
prisoner may have been delivered following extradition
proceedings in another state, or to whom a prisoner may
have been delivered after waiving extradition in such other
state, and who is passing through this state with such a
prisoner for the purpose of immediately returning such
prisoner to the demanding state may, when necessary,
confine the prisoner in the jail of any county or city through
which he may pass; and the keeper of such jail must receive
and safely keep the prisoner until the officer or agent having
charge of him is ready to proceed on his route, such officer
or agent, however, being chargeable with the expense of
keeping: PROVIDED, HOWEVER, That such officer or
agent shall produce and show to the keeper of such jail
satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding state after a
requisition by the executive authority of such demanding
state. Such prisoner shall not be entitled to demand a new
requisition while in this state. [1971 ex.s. c 46 § 12.]
10.88.320 Charge or complaint—Warrant of arrest.
Whenever any person within this state shall be charged on
the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any
other state and, except in cases arising under RCW
10.88.250, with having fled from justice, or with having
been convicted of a crime in that state and having escaped
from confinement, or having broken the terms of his bail,
probation or parole, or whenever complaint shall have been
[Title 10 RCW—page 59]
10.88.320
Title 10 RCW: Criminal Procedure
made before any judge or magistrate in this state setting
forth on the affidavit of any credible person in another state
that a crime has been committed in such other state and that
the accused has been charged in such state with the commission of the crime, and, except in cases arising under RCW
10.88.250, has fled from justice, or with having been
convicted of a crime in that state and having escaped from
confinement, or having broken the terms of his bail, probation or parole and is believed to be in this state, the judge
or magistrate shall issue a warrant directed to any peace
officer commanding him to apprehend the person named
therein, wherever he may be found in this state, and to bring
him before the same or any other judge, magistrate or court
who or which may be available in or convenient of access to
the place where the arrest may be made, to answer the
charge or complaint and affidavit, and a certified copy of the
sworn charge or complaint and affidavit upon which the
warrant is issued shall be attached to the warrant. [1971
ex.s. c 46 § 13.]
10.88.330 Arrest without warrant. (1) The arrest of
a person may be lawfully made also by any peace officer or
a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state
with a crime punishable by death or imprisonment for a term
exceeding one year, but when so arrested the accused must
be taken before a judge or magistrate with all practicable
speed and complaint must be made against him under oath
setting forth the ground for the arrest as in RCW 10.88.320;
and thereafter his answer shall be heard as if he had been
arrested on a warrant.
(2) An officer of the United States customs service or
the immigration and naturalization service may, without a
warrant, arrest a person if:
(a) The officer is on duty;
(b) One or more of the following situations exists:
(i) The person commits an assault or other crime
involving physical harm, defined and punishable under
chapter 9A.36 RCW, against the officer or against any other
person in the presence of the officer;
(ii) The person commits an assault or related crime
while armed, defined and punishable under chapter 9.41
RCW, against the officer or against any other person in the
presence of the officer;
(iii) The officer has reasonable cause to believe that a
crime as defined in (b)(i) or (ii) of this subsection has been
committed and reasonable cause to believe that the person to
be arrested has committed it;
(iv) The officer has reasonable cause to believe that a
felony has been committed and reasonable cause to believe
that the person to be arrested has committed it; or
(v) The officer has received positive information by
written, telegraphic, teletypic, telephonic, radio, or other
authoritative source that a peace officer holds a warrant for
the person’s arrest; and
(c) The regional commissioner of customs certifies to
the state of Washington that the customs officer has received
proper training within the agency to enable that officer to
enforce or administer this subsection. [1979 ex.s. c 244 §
16; 1971 ex.s. c 46 § 14.]
10.88.340 Preliminary examination—Commitment.
If from the examination before the judge or magistrate it
appears that the person held is the person charged with
having committed the crime alleged and, except in cases
arising under RCW 10.88.250, that he has fled from justice,
the judge or magistrate must, by a warrant reciting the
accusation, commit him to the county jail for such a time not
exceeding thirty days and specified in the warrant, as will
enable the arrest of the accused to be made under a warrant
of the governor on a requisition of the executive authority of
the state having jurisdiction of the offense, unless the
accused give bail as provided in RCW 10.88.350, or until he
shall be legally discharged. [1971 ex.s. c 46 § 15.]
10.88.350 Bail. Unless the offense with which the
prisoner is charged is shown to be an offense punishable by
death or life imprisonment under the laws of the state in
which it was committed, a judge or magistrate in this state
may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in
such a bond, and for his surrender, to be arrested upon the
warrant of the governor of this state. [1971 ex.s. c 46 § 16.]
10.88.360 Failure to make timely arrest or demand
for extradition. If the accused is not arrested under warrant
of the governor by the expiration of the time specified in the
warrant or bond, a judge or magistrate may discharge him or
may recommit him for a further period not to exceed sixty
days, or a judge or magistrate judge may again take bail for
his appearance and surrender, as provided in RCW
10.88.350, but within a period not to exceed sixty days after
the date of such new bond: PROVIDED, That the governor
may, except in cases in which the offense is punishable
under laws of the demanding state by death or life imprisonment, deny a demand for extradition when such demand is
not received by the governor before the expiration of one
hundred twenty days from the date of arrest in this state of
the alleged fugitive, in the absence of a showing of good
cause for such delay. [1971 ex.s. c 46 § 17.]
10.88.370 Failure to appear—Bond forfeiture—
Arrest—Recovery on bond. If the prisoner is admitted to
bail, and fails to appear and surrender himself according to
the conditions of his bond, the judge, or magistrate by proper
order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in
the case of other bonds given by the accused in criminal
proceedings within this state. [1971 ex.s. c 46 § 18.]
10.88.380 Pending criminal prosecution in this
state. If a criminal prosecution has been instituted against
such person under the laws of this state and is still pending
the governor, in his discretion, either may surrender him on
demand of the executive authority of another state or hold
him until he has been tried and discharged or convicted and
punished in this state. [1971 ex.s. c 46 § 19.]
Effective date—1979 ex.s. c 244: See RCW 9A.44.902.
[Title 10 RCW—page 60]
(2002 Ed.)
Uniform Criminal Extradition Act
RCW 10.88.390 Recall or reissuance of warrant.
The governor may recall his warrant of arrest or may issue
another warrant whenever he deems proper. [1971 ex.s. c 46
§ 20.]
10.88.400 Demand by governor of this state for
extradition—Warrant—Agent. Whenever the governor of
this state shall demand a person charged with crime or with
escaping from confinement or breaking the terms of his bail,
probation or parole in this state, from the executive authority
of any other state, or from the appropriate authority of the
District of Columbia authorized to receive such demand
under the laws of the United States, he shall issue a warrant
under the seal of this state, to some agent, commanding him
to receive the person so charged if delivered to him and
convey him to the proper officer of the county in this state
in which the offense was committed. [1971 ex.s. c 46 § 21.]
10.88.390
papers shall be forwarded with the governor’s requisition.
[1971 ex.s. c 46 § 22.]
10.88.415 Delivery without governor’s warrant. A
law enforcement agency shall deliver a person in custody to
the accredited agent or agents of a demanding state without
the governor’s warrant provided that:
(1) Such person is alleged to have broken the terms of
his or her probation, parole, bail, or any other release of the
demanding state; and
(2) The law enforcement agency has received from the
demanding state an authenticated copy of a prior waiver of
extradition signed by such person as a term of his or her
probation, parole, bail, or any other release of the demanding
state and photographs or fingerprints or other evidence
properly identifying the person as the person who signed the
waiver. [2001 c 264 § 6.]
Effective date—2001 c 264: See note following RCW 9A.76.110.
10.88.410 Application for requisition for return of
person—Contents—Affidavits—Copies. (1) When the
return to this state of a person charged with crime in this
state is required, the prosecuting attorney shall present to the
governor his written application for a requisition for the
return of the person charged, in which application shall be
stated the name of the person so charged, the crime charged
against him, the approximate time, place and circumstances
of its commission, the state in which he is believed to be,
including the location of the accused therein at the time the
application is made and certifying that, in the opinion of the
said prosecuting attorney the ends of justice require the
arrest and return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person
who has been convicted of a crime in this state and has
escaped from confinement or broken the terms of his bail,
probation or parole, the prosecuting attorney of the county in
which the offense was committed, the parole board, or the
warden of the institution or sheriff of the county, from which
escape was made, shall present to the governor a written
application for a requisition for the return of such person, in
which application shall be stated the name of the person, the
crime of which he was convicted, the circumstances of his
escape from confinement or of the breach of the terms of his
bail, probation or parole, the state in which he is believed to
be, including the location of the person therein at the time
application is made.
(3) The application shall be verified by affidavit, shall
be executed in duplicate and shall be accompanied by two
certified copies of the indictment returned, or information
and affidavit filed, or of the complaint made to the judge or
magistrate, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence.
The prosecuting officer, parole board, warden or sheriff may
also attach such further affidavits and other documents in
duplicate as he shall deem proper to be submitted with such
application. One copy of the application, with the action of
the governor indicated by endorsement thereon, and one of
the certified copies of the indictment, complaint, information,
and affidavits, or of the judgment of conviction or of the
sentence shall be filed in the office of the secretary of state
to remain of record in that office. The other copies of all
(2002 Ed.)
10.88.420 Civil process—Service on extradited
person. A person brought into this state by, or after waiver
of, extradition based on a criminal charge shall not be
subject to service of personal process in civil actions arising
out of the same facts as the criminal proceeding to answer
which he is being or has been returned, until he has been
finally convicted in the criminal proceeding, or, if acquitted,
until he has had reasonable opportunity to return to the state
from which he was extradited. [1971 ex.s. c 46 § 23.]
10.88.430 Waiver of extradition. Any person
arrested in this state charged with having committed any
crime in another state or alleged to have escaped from
confinement, or broken the terms of his bail, probation or
parole may waive the issuance and service of the warrant
provided for in RCW 10.88.260 and 10.88.270 and all other
procedure incidental to extradition proceedings, by executing
or subscribing in the presence of a judge of any court of
record within this state a writing which states that he
consents to return to the demanding state: PROVIDED,
HOWEVER, That before such waiver shall be executed or
subscribed by such person it shall be the duty of such judge
to inform such person of his rights to the issuance and
service of a warrant of extradition and to obtain a writ of
habeas corpus as provided for in RCW 10.88.290.
If and when such consent has been duly executed it
shall forthwith be forwarded to the office of the governor of
this state and filed therein. The judge shall direct the officer
having such person in custody to deliver forthwith such
person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such
agent or agents a copy of such consent: PROVIDED,
HOWEVER, That nothing in this section shall be deemed to
limit the rights of the accused person to return voluntarily
and without formality to the demanding state, nor shall this
waiver procedure be deemed to be an exclusive procedure or
to limit the powers, rights or duties of the officers of the
demanding state or of this state. [1971 ex.s. c 46 § 24.]
10.88.440 Rights, powers, privileges or jurisdiction
of state not waived. Nothing in this chapter contained shall
be deemed to constitute a waiver by this state of its right,
[Title 10 RCW—page 61]
10.88.440
Title 10 RCW: Criminal Procedure
power or privilege to try such demanded person for crime
committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or
punishment for any crime committed within this state, nor
shall any proceedings had under this chapter which result in,
or fail to result in, extradition be deemed a waiver by this
state of any of its rights, privileges or jurisdiction in any
way whatsoever. [1971 ex.s. c 46 § 25.]
10.88.450 Trial for other crimes. After a person has
been brought back to this state by, or after waiver of
extradition proceedings, he may be tried in this state for
other crimes which he may be charged with having committed here as well as that specified in the requisition for his
extradition. [1971 ex.s. c 46 § 26.]
10.88.460 Extradition or surrender of obligor—
Uniform interstate family support act. See chapter 26.21
RCW.
10.88.900 Construction—1971 ex.s. c 46. The
provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform
the law of those states which enact it, to the extent which it
has been enacted by this state. [1971 ex.s. c 46 § 27.]
10.88.910 Short title. RCW 10.88.200 through
10.88.450 shall be known and may be cited as the Uniform
Criminal Extradition Act. [1971 ex.s. c 46 § 28.]
10.88.920 Effective date—1971 ex.s. c 46. This act
shall become effective on July 1, 1971. [1971 ex.s. c 46 §
29.]
10.88.930 Severability—1971 ex.s. c 46. If any
provisions of this act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can
be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be
severable. [1971 ex.s. c 46 § 32.]
Chapter 10.89
UNIFORM ACT ON FRESH PURSUIT
Sections
10.89.010
10.89.020
10.89.030
10.89.040
10.89.050
10.89.060
10.89.070
10.89.080
Authority of foreign peace officer.
Preliminary examination by magistrate.
Construction as to lawfulness of arrest.
"State" includes District of Columbia.
"Fresh pursuit" defined.
Duty to send copies to other states.
Severability—1943 c 261.
Short title.
10.89.010 Authority of foreign peace officer. Any
member of a duly organized state, county or municipal peace
unit of another state of the United States who enters this
state in fresh pursuit, and continues within this state in such
fresh pursuit, of a person in order to arrest the person on the
[Title 10 RCW—page 62]
ground that he or she is believed to have committed a felony
in such other state or a violation of the laws of such other
state relating to driving while intoxicated, driving under the
influence of drugs or alcohol, driving while impaired, or
reckless driving shall have the same authority to arrest and
hold such person in custody as has any member of any duly
organized state, county or municipal peace unit of this state,
to arrest and hold in custody a person on the ground that he
or she is believed to have committed a felony or a violation
of the laws of such other state relating to driving while
intoxicated, driving under the influence of drugs or alcohol,
driving while impaired, or reckless driving in this state.
[1998 c 205 § 1; 1943 c 261 § 1; Rem. Supp. 1943 § 22521. Formerly RCW 10.88.070.]
10.89.020 Preliminary examination by magistrate.
If an arrest is made in this state by an officer of another
state in accordance with the provisions of RCW 10.89.010,
he shall, without unnecessary delay, take the person arrested
before a magistrate of the county in which the arrest was
made, who shall conduct a hearing for the purpose of
determining the lawfulness of the arrest. If the magistrate
determines that the arrest was lawful, he shall commit the
person arrested to await for a reasonable time the issuance
of an extradition warrant by the governor of this state. If the
magistrate determines that the arrest was unlawful, he shall
discharge the person arrested. [1943 c 261 § 2; Rem. Supp.
1943 § 2252-2. Formerly RCW 10.88.080.]
10.89.030 Construction as to lawfulness of arrest.
RCW 10.89.010 shall not be construed so as to make
unlawful any arrest in this state which otherwise would be
lawful. [1943 c 261 § 3; Rem. Supp. 1943 § 2252-3.
Formerly RCW 10.88.100.]
10.89.040 "State" includes District of Columbia.
For the purpose of this chapter the word "state" shall include
the District of Columbia. [1943 c 261 § 4; Rem. Supp. 1943
§ 2252-4. Formerly RCW 10.88.110.]
10.89.050 "Fresh pursuit" defined. The term "fresh
pursuit" as used in this chapter, shall include fresh pursuit as
defined by the common law, and also the pursuit of a person
who has committed a felony or who reasonably is suspected
of having committed a felony or a violation of such other
state relating to driving while intoxicated, driving under the
influence of drugs or alcohol, driving while impaired, or
reckless driving. It shall also include the pursuit of a person
suspected of having committed a supposed felony, or a
supposed violation of the laws relating to driving while
intoxicated, driving under the influence of drugs or alcohol,
driving while impaired, or reckless driving, though no felony
or violation of the laws relating to driving while intoxicated,
driving under the influence of drugs or alcohol, driving while
impaired, or reckless driving actually has been committed, if
there is reasonable ground for believing that a felony or a
violation of the laws relating to driving while intoxicated,
driving under the influence of drugs or alcohol, driving while
impaired, or reckless driving has been committed. Fresh
pursuit as used herein shall not necessarily imply instant
pursuit, but pursuit without unreasonable delay. [1998 c 205
(2002 Ed.)
Uniform Act on Fresh Pursuit
§ 2; 1943 c 261 § 5; Rem. Supp. 1943 § 2252-5. Formerly
RCW 10.88.090.]
10.89.060 Duty to send copies to other states. Upon
the passage and approval by the governor of this chapter, it
shall be the duty of the secretary of state, or other officer, to
certify a copy of this chapter to the executive department of
each of the states of the United States. [1943 c 261 § 6;
Rem. Supp. 1943 § 2252-6.]
10.89.070 Severability—1943 c 261. If any part of
this chapter is for any reason declared void, it is declared to
be the intent of this chapter that such invalidity shall not
affect the validity of the remaining portions of this chapter.
[1943 c 261 § 7; Rem. Supp. 1943 § 2252-7.]
10.89.080 Short title. This chapter may be cited as
the "Uniform Act on Fresh Pursuit." [1943 c 261 § 8; Rem.
Supp. 1943 § 2252-8.]
Chapter 10.91
UNIFORM RENDITION OF
ACCUSED PERSONS ACT
Sections
10.91.010
10.91.020
10.91.030
10.91.040
10.91.050
10.91.900
10.91.910
10.91.920
Arrest and return of released person charged in another
state—Violation of release conditions—Request—
Documents—Warrant—Investigation.
Preliminary hearing—Waiver—Conditions of release.
Preliminary hearing—Investigation report—Findings—Order
authorizing return.
"Judicial officer of this state," "judicial officer" defined.
Costs.
Severability—1971 ex.s. c 17.
Construction—1971 ex.s. c 17.
Short title.
10.91.010 Arrest and return of released person
charged in another state—Violation of release conditions—Request—Documents—Warrant—Investigation.
(1) If a person who has been charged with crime in another
state and released from custody prior to final judgment,
including the final disposition of any appeal, is alleged to
have violated the terms and conditions of his release, and is
present in this state, a designated agent of the court, judge,
or magistrate which authorized the release may request the
issuance of a warrant for the arrest of the person and an
order authorizing his return to the demanding court, judge,
or magistrate. Before the warrant is issued, the designated
agent must file with a judicial officer of this state the
following documents:
(a) an affidavit stating the name and whereabouts of the
person whose removal is sought, the crime with which the
person was charged, the time and place of the crime charged,
and the status of the proceedings against him;
(b) a certified copy of the order or other document
specifying the terms and conditions under which the person
was released from custody; and
(c) a certified copy of an order of the demanding court,
judge, or magistrate stating the manner in which the terms
and the conditions of the release have been violated and
(2002 Ed.)
10.89.050
designating the affiant its agent for seeking removal of the
person.
(2) Upon initially determining that the affiant is a
designated agent of the demanding court, judge, or magistrate, and that there is a probable cause for believing that the
person whose removal is sought has violated the terms or
conditions of his release, the judicial officer shall issue a
warrant to a law enforcement officer of this state for the
person’s arrest.
(3) The judicial officer shall notify the prosecuting
attorney of his action and shall direct him to investigate the
case to ascertain the validity of the affidavits and documents
required by subsection (1) and the identity and authority of
the affiant. [1971 ex.s. c 17 § 2.]
10.91.020 Preliminary hearing—Waiver—
Conditions of release. (1) The person whose removal is
sought shall be brought before the judicial officer without
unnecessary delay upon arrest pursuant to the warrant;
whereupon the judicial officer shall set a time and place for
hearing, and shall advise the person of his right to have the
assistance of counsel, to confront the witnesses against him,
and to produce evidence in his own behalf at the hearing.
(2) The person whose removal is sought may at this
time in writing waive the hearing and agree to be returned
to the demanding court, judge, or magistrate. If a waiver is
executed, the judicial officer shall issue an order pursuant to
RCW 10.91.030.
(3) The judicial officer may impose conditions of
release authorized by the laws of this state which will
reasonably assure the appearance at the hearing of the person
whose removal is sought. [1971 ex.s. c 17 § 3.]
10.91.030 Preliminary hearing—Investigation
report—Findings—Order authorizing return. The
prosecuting attorney shall appear at the hearing and report to
the judicial officer the results of his investigation. If the
judicial officer finds that the affiant is a designated agent of
the demanding court, judge, or magistrate and that the person
whose removal is sought was released from custody by the
demanding court, judge, or magistrate, and that the person
has violated the terms or conditions of his release, the
judicial officer shall issue an order authorizing the return of
the person to the custody of the demanding court, judge, or
magistrate forthwith. [1971 ex.s. c 17 § 4.]
10.91.040 "Judicial officer of this state," "judicial
officer" defined. For the purpose of this chapter "judicial
officer of this state" and "judicial officer" mean a judge of
the superior or district court. [1987 c 202 § 170; 1971 ex.s.
c 17 § 5.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.91.050 Costs. The costs of the procedures required
by this chapter shall be borne by the demanding state, except
when the designated agent is not a public official. In any
case when the designated agent is not a public official, he
shall bear the cost of such procedures. [1971 ex.s. c 17 §
9.]
[Title 10 RCW—page 63]
10.91.900
Title 10 RCW: Criminal Procedure
10.91.900 Severability—1971 ex.s. c 17. If any
provision of this act or the application thereof to any person
or circumstance is held invalid, the invalidity does not affect
other provisions or applications of the act which can be
given effect without the invalid provision or application, and
to this end the provisions of this act are severable. [1971
ex.s. c 17 § 6.]
10.91.910 Construction—1971 ex.s. c 17. This
chapter shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact
it. [1971 ex.s. c 17 § 7.]
10.91.920 Short title. This chapter may be cited as
the "Uniform Rendition of Accused Persons Act." [1971
ex.s. c 17 § 8.]
Chapter 10.93
WASHINGTON MUTUAL AID PEACE OFFICERS
POWERS ACT
Sections
10.93.001
10.93.020
10.93.030
10.93.040
10.93.050
10.93.060
10.93.070
10.93.080
10.93.090
10.93.100
10.93.110
10.93.120
10.93.130
10.93.140
10.93.900
Short title—Legislative intent—Construction.
Definitions.
Reporting use of authority under this chapter.
Liability for exercise of authority.
Supervisory control over peace officers.
Privileges and immunities applicable.
General authority peace officer—Powers of, circumstances.
Limited authority peace officer—No additional powers.
Specially commissioned peace officer—Powers of, circumstances.
Federal peace officers—No additional powers.
Attorney general—No additional powers.
Fresh pursuit, arrest.
Contracting authority of law enforcement agencies.
State patrol, fish and wildlife exempted.
Effective date—1985 c 89.
10.93.001 Short title—Legislative intent—
Construction. (1) This chapter may be known and cited as
the Washington mutual aid peace officer powers act of 1985.
(2) It is the intent of the legislature that current artificial
barriers to mutual aid and cooperative enforcement of the
laws among general authority local, state, and federal
agencies be modified pursuant to this chapter.
(3) This chapter shall be liberally construed to effectuate
the intent of the legislature to modify current restrictions
upon the limited territorial and enforcement authority of
general authority peace officers and to effectuate mutual aid
among agencies.
(4) The modification of territorial and enforcement
authority of the various categories of peace officers covered
by this chapter shall not create a duty to act in extraterritorial situations beyond any duty which may otherwise be
imposed by law or which may be imposed by the primary
commissioning agency. [1985 c 89 § 1.]
10.93.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "General authority Washington law enforcement
agency" means any agency, department, or division of a
[Title 10 RCW—page 64]
municipal corporation, political subdivision, or other unit of
local government of this state, and any agency, department,
or division of state government, having as its primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in
general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority
Washington law enforcement agency. The Washington state
patrol and the department of fish and wildlife are general authority Washington law enforcement agencies.
(2) "Limited authority Washington law enforcement
agency" means any agency, political subdivision, or unit of
local government of this state, and any agency, department,
or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to
limited subject areas, including but not limited to, the state
departments of natural resources and social and health
services, the state gambling commission, the state lottery
commission, the state parks and recreation commission, the
state utilities and transportation commission, the state liquor
control board, and the state department of corrections.
(3) "General authority Washington peace officer" means
any full-time, fully compensated and elected, appointed, or
employed officer of a general authority Washington law
enforcement agency who is commissioned to enforce the
criminal laws of the state of Washington generally.
(4) "Limited authority Washington peace officer" means
any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that
agency to detect or apprehend violators of the laws in some
or all of the limited subject areas for which that agency is
responsible. A limited authority Washington peace officer
may be a specially commissioned Washington peace officer
if otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer",
for the purposes of this chapter, means any officer, whether
part-time or full-time, compensated or not, commissioned by
a general authority Washington law enforcement agency to
enforce some or all of the criminal laws of the state of
Washington, who does not qualify under this chapter as a
general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers,
and specially commissioned full-time, fully compensated
peace officers duly commissioned by the states of Oregon or
Idaho or any such peace officer commissioned by a unit of
local government of Oregon or Idaho. A reserve peace
officer is an individual who is an officer of a Washington
law enforcement agency who does not serve such agency on
a full-time basis but who, when called by the agency into
active service, is fully commissioned on the same basis as
full-time peace officers to enforce the criminal laws of the
state.
(6) "Federal peace officer" means any employee or
agent of the United States government who has the authority
to carry firearms and make warrantless arrests and whose
duties involve the enforcement of criminal laws of the
United States.
(7) "Agency with primary territorial jurisdiction" means
a city or town police agency which has responsibility for
police activity within its boundaries; or a county police or
(2002 Ed.)
Washington Mutual Aid Peace Officers Powers Act
sheriff’s department which has responsibility with regard to
police activity in the unincorporated areas within the county
boundaries; or a statutorily authorized port district police
agency or four-year state college or university police agency
which has responsibility for police activity within the
statutorily authorized enforcement boundaries of the port
district, state college, or university.
(8) "Primary commissioning agency" means (a) the
employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace
officer, an Indian tribal peace officer, or a federal peace
officer, and (b) the commissioning agency in the case of a
specially commissioned Washington peace officer (i) who is
performing functions within the course and scope of the
special commission and (ii) who is not also a general
authority Washington peace officer, a limited authority
Washington peace officer, an Indian tribal peace officer, or
a federal peace officer.
(9) "Primary function of an agency" means that function
to which greater than fifty percent of the agency’s resources
are allocated.
(10) "Mutual law enforcement assistance" includes, but
is not limited to, one or more law enforcement agencies
aiding or assisting one or more other such agencies through
loans or exchanges of personnel or of material resources, for
law enforcement purposes. [2002 c 128 § 1; 1994 c 264 §
3; 1988 c 36 § 5; 1985 c 89 § 2.]
10.93.030 Reporting use of authority under this
chapter. The circumstances surrounding any actual exercise
of peace officer authority under this chapter shall be timely
reported, after the fact, to the Washington law enforcement
agency with primary territorial jurisdiction and shall be
subject to any reasonable reporting procedure which may be
established by such agency. [1985 c 89 § 3.]
10.93.040 Liability for exercise of authority. Any
liability or claim of liability which arises out of the exercise
or alleged exercise of authority by an officer acting within
the course and scope of the officer’s duties as a peace
officer under this chapter is the responsibility of the primary
commissioning agency unless the officer acts under the
direction and control of another agency or unless the liability
is otherwise allocated under a written agreement between the
primary commissioning agency and another agency. [1985
c 89 § 4.]
10.93.050 Supervisory control over peace officers.
All persons exercising peace officer powers under this
chapter are subject to supervisory control of and limitations
imposed by the primary commissioning agency, but the primary commissioning agency may, by agreement with another
agency, temporarily delegate supervision over the peace
officer to another agency. [1985 c 89 § 5.]
10.93.060 Privileges and immunities applicable. All
of the privileges and immunities from liability, exemption
from laws, ordinances, and rules, all pension, relief, disability, worker’s compensation insurance, and other benefits
which apply to the activity of officers, agents, or employees
of any law enforcement agency when performing their
(2002 Ed.)
10.93.020
respective functions within the territorial limits of their
respective agencies shall apply to them and to their primary
commissioning agencies to the same degree and extent while
such persons are engaged in the performance of authorized
functions and duties under this chapter. [1985 c 89 § 6.]
10.93.070 General authority peace officer—Powers
of, circumstances. In addition to any other powers vested
by law, a general authority Washington peace officer who
possesses a certificate of basic law enforcement training or
a certificate of equivalency or has been exempted from the
requirement therefor by the Washington state criminal justice
training commission may enforce the traffic or criminal laws
of this state throughout the territorial bounds of this state,
under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief
of police in whose primary territorial jurisdiction the exercise
of the powers occurs;
(2) In response to an emergency involving an immediate
threat to human life or property;
(3) In response to a request for assistance pursuant to a
mutual law enforcement assistance agreement with the
agency of primary territorial jurisdiction or in response to the
request of a peace officer with enforcement authority;
(4) When the officer is transporting a prisoner;
(5) When the officer is executing an arrest warrant or
search warrant; or
(6) When the officer is in fresh pursuit, as defined in
RCW 10.93.120. [1985 c 89 § 7.]
10.93.080 Limited authority peace officer—No
additional powers. A limited authority Washington peace
officer shall have no additional powers by virtue of this
chapter but shall be limited to those powers already vested
by law or hereafter created by separate enactment. [1985 c
89 § 8.]
10.93.090 Specially commissioned peace officer—
Powers of, circumstances. A specially commissioned
Washington peace officer who has successfully completed a
course of basic training prescribed or approved for such
officers by the Washington state criminal justice training
commission may exercise any authority which the special
commission vests in the officer, throughout the territorial
bounds of the state, outside of the officer’s primary territorial jurisdiction under the following circumstances:
(1) The officer is in fresh pursuit, as defined in RCW
10.93.120; or
(2) The officer is acting pursuant to mutual law enforcement assistance agreement between the primary commissioning agency and the agency with primary territorial jurisdiction. [1985 c 89 § 9.]
10.93.100 Federal peace officers—No additional
powers. Federal peace officers shall have no additional
powers by virtue of this chapter but shall be limited to those
powers already vested by law or hereafter created by separate enactment. [1985 c 89 § 10.]
10.93.110 Attorney general—No additional powers.
The attorney general shall have no additional powers by
[Title 10 RCW—page 65]
10.93.110
Title 10 RCW: Criminal Procedure
virtue of this chapter but shall be limited to those powers
already vested by law or hereafter created by separate enactment. [1985 c 89 § 11.]
10.95.120
10.93.120 Fresh pursuit, arrest. (1) Any peace
officer who has authority under Washington law to make an
arrest may proceed in fresh pursuit of a person (a) who is
reasonably believed to have committed a violation of traffic
or criminal laws, or (b) for whom such officer holds a
warrant of arrest, and such peace officer shall have the
authority to arrest and to hold such person in custody
anywhere in the state.
(2) The term "fresh pursuit," as used in this chapter,
includes, without limitation, fresh pursuit as defined by the
common law. Fresh pursuit does not necessarily imply
immediate pursuit, but pursuit without unreasonable delay.
[1985 c 89 § 12.]
10.95.140
10.93.130 Contracting authority of law enforcement
agencies. Under the interlocal cooperation act, chapter 39.34
RCW, any law enforcement agency referred to by this
chapter may contract with any other such agency and may
also contract with any law enforcement agency of another
state, or such state’s political subdivision, to provide mutual
law enforcement assistance. The agency with primary
territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification
standards or other reasonable standards. [1985 c 89 § 13.]
10.93.140 State patrol, fish and wildlife exempted.
This chapter does not limit the scope of jurisdiction and
authority of the Washington state patrol and the department
of fish and wildlife as otherwise provided by law, and these
agencies shall not be bound by the reporting requirements of
RCW 10.93.030. [2002 c 128 § 2; 1985 c 89 § 14.]
10.93.900 Effective date—1985 c 89. This act shall
take effect July 1, 1985. [1985 c 89 § 17.]
Chapter 10.95
CAPITAL PUNISHMENT—AGGRAVATED FIRST
DEGREE MURDER
Sections
10.95.010
10.95.020
10.95.030
10.95.040
10.95.050
10.95.060
10.95.070
10.95.080
10.95.090
10.95.100
10.95.110
Court rules.
Definition.
Sentences for aggravated first degree murder.
Special sentencing proceeding—Notice—Filing—Service.
Special sentencing proceeding—When held—Jury to decide
matters presented—Waiver—Reconvening same jury—
Impanelling new jury—Peremptory challenges.
Special sentencing proceeding—Jury instructions—Opening
statements—Evidence—Arguments—Question for jury.
Special sentencing proceeding—Factors which jury may
consider in deciding whether leniency merited.
When sentence to death or sentence to life imprisonment
shall be imposed.
Sentence if death sentence commuted, held invalid, or if
death sentence established by chapter held invalid.
Mandatory review of death sentence by supreme court—
Notice—Transmittal—Contents of notice—Jurisdiction.
Verbatim report of trial proceedings—Preparation—
Transmittal to supreme court—Clerk’s papers—Receipt.
[Title 10 RCW—page 66]
10.95.130
10.95.150
10.95.160
10.95.170
10.95.180
10.95.185
10.95.190
10.95.200
10.95.900
Homicide:
Information report—Form—Contents—Submission to supreme court, defendant, prosecuting attorney.
Questions posed for determination by supreme court in
death sentence review—Review in addition to appeal—
Consolidation of review and appeal.
Invalidation of sentence, remand for resentencing—
Affirmation of sentence, remand for execution.
Time limit for appellate review of death sentence and filing
opinion.
Death warrant—Issuance—Form—Time for execution of
judgment and sentence.
Imprisonment of defendant.
Death penalty—How executed.
Witnesses.
Death warrant—Record—Return to trial court.
Proceedings for failure to execute on day named.
Severability—1981 c 138.
Chapter 9A.32 RCW.
10.95.010 Court rules. No rule promulgated by the
supreme court of Washington pursuant to RCW 2.04.190 and
2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter. [1981 c
138 § 1.]
10.95.020 Definition. A person is guilty of aggravated first degree murder if he or she commits first degree
murder as defined by RCW 9A.32.030(1)(a), as now or
hereafter amended, and one or more of the following
aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her
official duties at the time of the act resulting in death and
the victim was known or reasonably should have been
known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the
person was serving a term of imprisonment, had escaped, or
was on authorized or unauthorized leave in or from a state
facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person
was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an
agreement that he or she would receive money or any other
thing of value for committing the murder;
(5) The person solicited another person to commit the
murder and had paid or had agreed to pay money or any
other thing of value for committing the murder;
(6) The person committed the murder to obtain or
maintain his or her membership or to advance his or her
position in the hierarchy of an organization, association, or
identifiable group;
(7) The murder was committed during the course of or
as a result of a shooting where the discharge of the firearm,
as defined in RCW 9.41.010, is either from a motor vehicle
or from the immediate area of a motor vehicle that was used
to transport the shooter or the firearm, or both, to the scene
of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current,
or former witness in an adjudicative proceeding; prosecuting
attorney; deputy prosecuting attorney; defense attorney; a
(2002 Ed.)
Capital Punishment—Aggravated First Degree Murder
member of the indeterminate sentence review board; or a
probation or parole officer; and
(b) The murder was related to the exercise of official
duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the
commission of a crime or to protect or conceal the identity
of any person committing a crime, including, but specifically
not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(10) There was more than one victim and the murders
were part of a common scheme or plan or the result of a
single act of the person;
(11) The murder was committed in the course of, in
furtherance of, or in immediate flight from one of the
following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential
burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to
obstruct or hinder the investigative, research, or reporting
activities of the victim;
(13) At the time the person committed the murder, there
existed a court order, issued in this or any other state, which
prohibited the person from either contacting the victim,
molesting the victim, or disturbing the peace of the victim,
and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the
person and the victim were "family or household members"
as that term is defined in RCW 10.99.020(1), and the person
had previously engaged in a pattern or practice of three or
more of the following crimes committed upon the victim
within a five-year period, regardless of whether a conviction
resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault. [1998 c 305 § 1. Prior: 1995
c 129 § 17 (Initiative Measure No. 159); 1994 c 121 § 3;
1981 c 138 § 2.]
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
10.95.030 Sentences for aggravated first degree
murder. (1) Except as provided in subsection (2) of this
section, any person convicted of the crime of aggravated first
degree murder shall be sentenced to life imprisonment
without possibility of release or parole. A person sentenced
to life imprisonment under this section shall not have that
sentence suspended, deferred, or commuted by any judicial
officer and the indeterminate sentence review board or its
successor may not parole such prisoner nor reduce the period
of confinement in any manner whatsoever including but not
limited to any sort of good-time calculation. The department
of social and health services or its successor or any executive official may not permit such prisoner to participate in
any sort of release or furlough program.
(2) If, pursuant to a special sentencing proceeding held
under RCW 10.95.050, the trier of fact finds that there are
not sufficient mitigating circumstances to merit leniency, the
sentence shall be death. In no case, however, shall a person
(2002 Ed.)
10.95.020
be sentenced to death if the person was mentally retarded at
the time the crime was committed, under the definition of
mental retardation set forth in (a) of this subsection. A
diagnosis of mental retardation shall be documented by a
licensed psychiatrist or licensed psychologist designated by
the court, who is an expert in the diagnosis and evaluation
of mental retardation. The defense must establish mental
retardation by a preponderance of the evidence and the court
must make a finding as to the existence of mental retardation.
(a) "Mentally retarded" means the individual has: (i)
Significantly subaverage general intellectual functioning; (ii)
existing concurrently with deficits in adaptive behavior; and
(iii) both significantly subaverage general intellectual
functioning and deficits in adaptive behavior were manifested during the developmental period.
(b) "General intellectual functioning" means the results
obtained by assessment with one or more of the individually
administered general intelligence tests developed for the
purpose of assessing intellectual functioning.
(c) "Significantly subaverage general intellectual
functioning" means intelligence quotient seventy or below.
(d) "Adaptive behavior" means the effectiveness or
degree with which individuals meet the standards of personal
independence and social responsibility expected for his or
her age.
(e) "Developmental period" means the period of time
between conception and the eighteenth birthday. [1993 c
479 § 1; 1981 c 138 § 3.]
10.95.040 Special sentencing proceeding—Notice—
Filing—Service. (1) If a person is charged with aggravated
first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty
should be imposed when there is reason to believe that there
are not sufficient mitigating circumstances to merit leniency.
(2) The notice of special sentencing proceeding shall be
filed and served on the defendant or the defendant’s attorney
within thirty days after the defendant’s arraignment upon the
charge of aggravated first degree murder unless the court, for
good cause shown, extends or reopens the period for filing
and service of the notice. Except with the consent of the
prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing
proceeding, the defendant may not tender a plea of guilty to
the charge of aggravated first degree murder nor may the
court accept a plea of guilty to the charge of aggravated first
degree murder or any lesser included offense.
(3) If a notice of special sentencing proceeding is not
filed and served as provided in this section, the prosecuting
attorney may not request the death penalty. [1981 c 138 §
4.]
10.95.050 Special sentencing proceeding—When
held—Jury to decide matters presented—Waiver—
Reconvening same jury—Impanelling new jury—
Peremptory challenges. (1) If a defendant is adjudicated
guilty of aggravated first degree murder, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision
of the trial court sitting without a jury, a special sentencing
[Title 10 RCW—page 67]
10.95.050
Title 10 RCW: Criminal Procedure
proceeding shall be held if a notice of special sentencing
proceeding was filed and served as provided by RCW
10.95.040. No sort of plea, admission, or agreement may
abrogate the requirement that a special sentencing proceeding
be held.
(2) A jury shall decide the matters presented in the
special sentencing proceeding unless a jury is waived in the
discretion of the court and with the consent of the defendant
and the prosecuting attorney.
(3) If the defendant’s guilt was determined by a jury
verdict, the trial court shall reconvene the same jury to hear
the special sentencing proceeding. The proceeding shall
commence as soon as practicable after completion of the trial
at which the defendant’s guilt was determined. If, however,
unforeseen circumstances make it impracticable to reconvene
the same jury to hear the special sentencing proceeding, the
trial court may dismiss that jury and convene a jury pursuant
to subsection (4) of this section.
(4) If the defendant’s guilt was determined by plea of
guilty or by decision of the trial court sitting without a jury,
or if a retrial of the special sentencing proceeding is necessary for any reason including but not limited to a mistrial in
a previous special sentencing proceeding or as a consequence
of a remand from an appellate court, the trial court shall
impanel a jury of twelve persons plus whatever alternate
jurors the trial court deems necessary. The defense and
prosecution shall each be allowed to peremptorily challenge
twelve jurors. If there is more than one defendant, each defendant shall be allowed an additional peremptory challenge
and the prosecution shall be allowed a like number of
additional challenges. If alternate jurors are selected, the
defense and prosecution shall each be allowed one peremptory challenge for each alternate juror to be selected and if
there is more than one defendant each defendant shall be
allowed an additional peremptory challenge for each alternate juror to be selected and the prosecution shall be
allowed a like number of additional challenges. [1981 c 138
§ 5.]
10.95.060 Special sentencing proceeding—Jury
instructions—Opening statements—Evidence—
Arguments—Question for jury. (1) At the commencement
of the special sentencing proceeding, the trial court shall
instruct the jury as to the nature and purpose of the proceeding and as to the consequences of its decision, as
provided in RCW 10.95.030.
(2) At the special sentencing proceeding both the
prosecution and defense shall be allowed to make an opening
statement. The prosecution shall first present evidence and
then the defense may present evidence. Rebuttal evidence
may be presented by each side. Upon conclusion of the
evidence, the court shall instruct the jury and then the
prosecution and defense shall be permitted to present
argument. The prosecution shall open and conclude the
argument.
(3) The court shall admit any relevant evidence which
it deems to have probative value regardless of its admissibility under the rules of evidence, including hearsay evidence
and evidence of the defendant’s previous criminal activity
regardless of whether the defendant has been charged or convicted as a result of such activity. The defendant shall be
[Title 10 RCW—page 68]
accorded a fair opportunity to rebut or offer any hearsay
evidence.
In addition to evidence of whether or not there are
sufficient mitigating circumstances to merit leniency, if the
jury sitting in the special sentencing proceeding has not
heard evidence of the aggravated first degree murder of
which the defendant stands convicted, both the defense and
prosecution may introduce evidence concerning the facts and
circumstances of the murder.
(4) Upon conclusion of the evidence and argument at
the special sentencing proceeding, the jury shall retire to
deliberate upon the following question: "Having in mind the
crime of which the defendant has been found guilty, are you
convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency?"
In order to return an affirmative answer to the question
posed by this subsection, the jury must so find unanimously.
[1981 c 138 § 6.]
10.95.070 Special sentencing proceeding—Factors
which jury may consider in deciding whether leniency
merited. In deciding the question posed by RCW
10.95.060(4), the jury, or the court if a jury is waived, may
consider any relevant factors, including but not limited to the
following:
(1) Whether the defendant has or does not have a
significant history, either as a juvenile or an adult, of prior
criminal activity;
(2) Whether the murder was committed while the
defendant was under the influence of extreme mental
disturbance;
(3) Whether the victim consented to the act of murder;
(4) Whether the defendant was an accomplice to a
murder committed by another person where the defendant’s
participation in the murder was relatively minor;
(5) Whether the defendant acted under duress or
domination of another person;
(6) Whether, at the time of the murder, the capacity of
the defendant to appreciate the wrongfulness of his or her
conduct or to conform his or her conduct to the requirements
of law was substantially impaired as a result of mental
disease or defect. However, a person found to be mentally
retarded under RCW 10.95.030(2) may in no case be
sentenced to death;
(7) Whether the age of the defendant at the time of the
crime calls for leniency; and
(8) Whether there is a likelihood that the defendant will
pose a danger to others in the future. [1993 c 479 § 2; 1981
c 138 § 7.]
10.95.080 When sentence to death or sentence to
life imprisonment shall be imposed. (1) If a jury answers
affirmatively the question posed by RCW 10.95.060(4), or
when a jury is waived as allowed by RCW 10.95.050(2) and
the trial court answers affirmatively the question posed by
RCW 10.95.060(4), the defendant shall be sentenced to
death. The trial court may not suspend or defer the execution or imposition of the sentence.
(2) If the jury does not return an affirmative answer to
the question posed in RCW 10.95.060(4), the defendant shall
(2002 Ed.)
Capital Punishment—Aggravated First Degree Murder
be sentenced to life imprisonment as provided in RCW
10.95.030(1). [1981 c 138 § 8.]
10.95.090 Sentence if death sentence commuted,
held invalid, or if death sentence established by chapter
held invalid. If any sentence of death imposed pursuant to
this chapter is commuted by the governor, or held to be
invalid by a final judgment of a court after all avenues of
appeal have been exhausted by the parties to the action, or
if the death penalty established by this chapter is held to be
invalid by a final judgment of a court which is binding on
all courts in the state, the sentence for aggravated first
degree murder if there was an affirmative response to the
question posed by RCW 10.95.060(4) shall be life imprisonment as provided in RCW 10.95.030(1). [1981 c 138 §
9.]
10.95.100 Mandatory review of death sentence by
supreme court—Notice—Transmittal—Contents of
notice—Jurisdiction. Whenever a defendant is sentenced
to death, upon entry of the judgment and sentence in the trial
court the sentence shall be reviewed on the record by the
supreme court of Washington.
Within ten days of the entry of a judgment and sentence
imposing the death penalty, the clerk of the trial court shall
transmit notice thereof to the clerk of the supreme court of
Washington and to the parties. The notice shall include the
caption of the case, its cause number, the defendant’s name,
the crime or crimes of which the defendant was convicted,
the sentence imposed, the date of entry of judgment and
sentence, and the names and addresses of the attorneys for
the parties. The notice shall vest with the supreme court of
Washington the jurisdiction to review the sentence of death
as provided by this chapter. The failure of the clerk of the
trial court to transmit the notice as required shall not prevent
the supreme court of Washington from conducting the
sentence review as provided by chapter 138, Laws of 1981.
[1981 c 138 § 10.]
10.95.110 Verbatim report of trial proceedings—
Preparation—Transmittal to supreme court—Clerk’s
papers—Receipt. (1) Within ten days after the entry of a
judgment and sentence imposing the death penalty, the clerk
of the trial court shall cause the preparation of a verbatim
report of the trial proceedings to be commenced.
(2) Within five days of the filing and approval of the
verbatim report of proceedings, the clerk of the trial court
shall transmit such verbatim report of proceedings together
with copies of all of the clerk’s papers to the clerk of the
supreme court of Washington. The clerk of the supreme
court of Washington shall forthwith acknowledge receipt of
these documents by providing notice of receipt to the clerk
of the trial court, the defendant or his or her attorney, and
the prosecuting attorney. [1981 c 138 § 11.]
10.95.120 Information report—Form—Contents—
Submission to supreme court, defendant, prosecuting
attorney. In all cases in which a person is convicted of
aggravated first degree murder, the trial court shall, within
thirty days after the entry of the judgment and sentence,
submit a report to the clerk of the supreme court of Wash(2002 Ed.)
10.95.080
ington, to the defendant or his or her attorney, and to the
prosecuting attorney which provides the information specified under subsections (1) through (8) of this section. The
report shall be in the form of a standard questionnaire
prepared and supplied by the supreme court of Washington
and shall include the following:
(1) Information about the defendant, including the
following:
(a) Name, date of birth, gender, marital status, and race
and/or ethnic origin;
(b) Number and ages of children;
(c) Whether his or her parents are living, and date of
death where applicable;
(d) Number of children born to his or her parents;
(e) The defendant’s educational background, intelligence
level, and intelligence quotient;
(f) Whether a psychiatric evaluation was performed, and
if so, whether it indicated that the defendant was:
(i) Able to distinguish right from wrong;
(ii) Able to perceive the nature and quality of his or her
act; and
(iii) Able to cooperate intelligently with his or her
defense;
(g) Any character or behavior disorders found or other
pertinent psychiatric or psychological information;
(h) The work record of the defendant;
(i) A list of the defendant’s prior convictions including
the offense, date, and sentence imposed; and
(j) The length of time the defendant has resided in
Washington and the county in which he or she was convicted.
(2) Information about the trial, including:
(a) The defendant’s plea;
(b) Whether defendant was represented by counsel;
(c) Whether there was evidence introduced or instructions given as to defenses to aggravated first degree murder,
including excusable homicide, justifiable homicide, insanity,
duress, entrapment, alibi, intoxication, or other specific
defense;
(d) Any other offenses charged against the defendant
and tried at the same trial and whether they resulted in
conviction;
(e) What aggravating circumstances were alleged against
the defendant and which of these circumstances was found
to have been applicable; and
(f) Names and charges filed against other defendant(s)
if tried jointly and disposition of the charges.
(3) Information concerning the special sentencing
proceeding, including:
(a) The date the defendant was convicted and date the
special sentencing proceeding commenced;
(b) Whether the jury for the special sentencing proceeding was the same jury that returned the guilty verdict,
providing an explanation if it was not;
(c) Whether there was evidence of mitigating circumstances;
(d) Whether there was, in the court’s opinion, credible
evidence of the mitigating circumstances as provided in
RCW 10.95.070;
(e) The jury’s answer to the question posed in RCW
10.95.060(4);
(f) The sentence imposed.
[Title 10 RCW—page 69]
10.95.120
Title 10 RCW: Criminal Procedure
(4) Information about the victim, including:
(a) Whether he or she was related to the defendant by
blood or marriage;
(b) The victim’s occupation and whether he or she was
an employer or employee of the defendant;
(c) Whether the victim was acquainted with the defendant, and if so, how well;
(d) The length of time the victim resided in Washington
and the county;
(e) Whether the victim was the same race and/or ethnic
origin as the defendant;
(f) Whether the victim was the same sex as the defendant;
(g) Whether the victim was held hostage during the
crime and if so, how long;
(h) The nature and extent of any physical harm or
torture inflicted upon the victim prior to death;
(i) The victim’s age; and
(j) The type of weapon used in the crime, if any.
(5) Information about the representation of the defendant, including:
(a) Date counsel secured;
(b) Whether counsel was retained or appointed, including the reason for appointment;
(c) The length of time counsel has practiced law and
nature of his or her practice; and
(d) Whether the same counsel served at both the trial
and special sentencing proceeding, and if not, why not.
(6) General considerations, including:
(a) Whether the race and/or ethnic origin of the defendant, victim, or any witness was an apparent factor at trial;
(b) What percentage of the county population is the
same race and/or ethnic origin of the defendant;
(c) Whether members of the defendant’s or victim’s race
and/or ethnic origin were represented on the jury;
(d) Whether there was evidence that such members were
systematically excluded from the jury;
(e) Whether the sexual orientation of the defendant,
victim, or any witness was a factor in the trial;
(f) Whether any specific instruction was given to the
jury to exclude race, ethnic origin, or sexual orientation as
an issue;
(g) Whether there was extensive publicity concerning
the case in the community;
(h) Whether the jury was instructed to disregard such
publicity;
(i) Whether the jury was instructed to avoid any
influence of passion, prejudice, or any other arbitrary factor
when considering its verdict or its findings in the special
sentencing proceeding;
(j) The nature of the evidence resulting in such instruction; and
(k) General comments of the trial judge concerning the
appropriateness of the sentence considering the crime,
defendant, and other relevant factors.
(7) Information about the chronology of the case,
including the date that:
(a) The defendant was arrested;
(b) Trial began;
(c) The verdict was returned;
(d) Post-trial motions were ruled on;
(e) Special sentencing proceeding began;
[Title 10 RCW—page 70]
(f) Sentence was imposed;
(g) Trial judge’s report was completed; and
(h) Trial judge’s report was filed.
(8) The trial judge shall sign and date the questionnaire
when it is completed. [1981 c 138 § 12.]
10.95.130 Questions posed for determination by
supreme court in death sentence review—Review in
addition to appeal—Consolidation of review and appeal.
(1) The sentence review required by RCW 10.95.100 shall
be in addition to any appeal. The sentence review and an
appeal shall be consolidated for consideration. The defendant and the prosecuting attorney may submit briefs within
the time prescribed by the court and present oral argument
to the court.
(2) With regard to the sentence review required by
chapter 138, Laws of 1981, the supreme court of Washington
shall determine:
(a) Whether there was sufficient evidence to justify the
affirmative finding to the question posed by RCW
10.95.060(4); and
(b) Whether the sentence of death is excessive or
disproportionate to the penalty imposed in similar cases,
considering both the crime and the defendant. For the
purposes of this subsection, "similar cases" means cases
reported in the Washington Reports or Washington Appellate
Reports since January 1, 1965, in which the judge or jury
considered the imposition of capital punishment regardless
of whether it was imposed or executed, and cases in which
reports have been filed with the supreme court under RCW
10.95.120;
(c) Whether the sentence of death was brought about
through passion or prejudice; and
(d) Whether the defendant was mentally retarded within
the meaning of RCW 10.95.030(2). [1993 c 479 § 3; 1981
c 138 § 13.]
10.95.140 Invalidation of sentence, remand for
resentencing—Affirmation of sentence, remand for
execution. Upon completion of a sentence review:
(1) The supreme court of Washington shall invalidate
the sentence of death and remand the case to the trial court
for resentencing in accordance with RCW 10.95.090 if:
(a) The court makes a negative determination as to the
question posed by RCW 10.95.130(2)(a); or
(b) The court makes an affirmative determination as to
any of the questions posed by RCW 10.95.130(2) (b), (c), or
(d).
(2) The court shall affirm the sentence of death and
remand the case to the trial court for execution in accordance
with RCW 10.95.160 if:
(a) The court makes an affirmative determination as to
the question posed by RCW 10.95.130(2)(a); and
(b) The court makes a negative determination as to the
questions posed by RCW 10.95.130(2) (b), (c), and (d).
[1993 c 479 § 4; 1981 c 138 § 14.]
10.95.150 Time limit for appellate review of death
sentence and filing opinion. In all cases in which a
sentence of death has been imposed, the appellate review, if
any, and sentence review to or by the supreme court of
(2002 Ed.)
Capital Punishment—Aggravated First Degree Murder
Washington shall be decided and an opinion on the merits
shall be filed within one year of receipt by the clerk of the
supreme court of Washington of the verbatim report of
proceedings and clerk’s papers filed under RCW 10.95.110.
If this time requirement is not met, the chief justice of the
supreme court of Washington shall state on the record the
extraordinary and compelling circumstances causing the
delay and the facts supporting such circumstances. A failure
to comply with the time requirements of this subsection shall
in no way preclude the ultimate execution of a sentence of
death. [1988 c 202 § 17; 1981 c 138 § 15.]
Severability—1988 c 202: See note following RCW 2.24.050.
10.95.160 Death warrant—Issuance—Form—Time
for execution of judgment and sentence. (1) If a death
sentence is affirmed and the case remanded to the trial court
as provided in RCW 10.95.140(2), a death warrant shall
forthwith be issued by the clerk of the trial court, which
shall be signed by a judge of the trial court and attested by
the clerk thereof under the seal of the court. The warrant
shall be directed to the superintendent of the state penitentiary and shall state the conviction of the person named therein
and the judgment and sentence of the court, and shall
appoint a day on which the judgment and sentence of the
court shall be executed by the superintendent, which day
shall not be less than thirty nor more than ninety days from
the date the trial court receives the remand from the supreme
court of Washington.
(2) If the date set for execution under subsection (1) of
this section is stayed by a court of competent jurisdiction for
any reason, the new execution date is automatically set at
thirty judicial days after the entry of an order of termination
or vacation of the stay by such court unless the court
invalidates the conviction, sentence, or remands for further
judicial proceedings. The presence of the inmate under
sentence of death shall not be required for the court to
vacate or terminate the stay according to this section. [1990
c 263 § 1; 1981 c 138 § 16.]
10.95.170 Imprisonment of defendant. The defendant shall be imprisoned in the state penitentiary within ten
days after the trial court enters a judgment and sentence
imposing the death penalty and shall be imprisoned both
prior to and subsequent to the issuance of the death warrant
as provided in RCW 10.95.160. During such period of
imprisonment, the defendant shall be confined in the segregation unit, where the defendant may be confined with other
prisoners not under sentence of death, but prisoners under
sentence of death shall be assigned to single-person cells.
[1983 c 255 § 1; 1981 c 138 § 17.]
Severability—1983 c 255: See RCW 72.74.900.
Convicted female persons, commitment and procedure as to death sentences: RCW 72.02.250.
10.95.180 Death penalty—How executed. (1) The
punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by intravenous
injection of a substance or substances in a lethal quantity
sufficient to cause death and until the defendant is dead, or,
at the election of the defendant, by hanging by the neck until
(2002 Ed.)
10.95.150
the defendant is dead. In any case, death shall be pronounced by a licensed physician.
(2) All executions, for both men and women, shall be
carried out within the walls of the state penitentiary. [1996
c 251 § 1; 1986 c 194 § 1; 1981 c 138 § 18.]
Severability—1996 c 251: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 251 § 2.]
10.95.185 Witnesses. (1) Not less than twenty days
prior to a scheduled execution, judicial officers, law enforcement representatives, media representatives, representatives
of the families of the victims, and representatives from the
family of the defendant who wish to attend and witness the
execution, must submit an application to the superintendent.
Such application must designate the relationship and reason
for wishing to attend.
(2) Not less than fifteen days prior to the scheduled
execution, the superintendent shall designate the total number
of individuals who will be allowed to attend and witness the
planned execution. The superintendent shall determine the
number of witnesses that will be allowed in each of the
following categories:
(a) No less than five media representatives with consideration to be given to news organizations serving communities affected by the crimes or by the commission of the
execution of the defendant.
(b) Judicial officers.
(c) Representatives of the families of the victims.
(d) Representatives from the family of the defendant.
(e) Up to two law enforcement representatives. The
chief executive officer of the agency that investigated the
crime shall designate the law enforcement representatives.
After the list is composed, the superintendent shall serve
this list on all parties who have submitted an application
pursuant to this section. The superintendent shall develop
and implement procedures to determine the persons within
each of the categories listed in this subsection who will be
allowed to attend and witness the execution.
(3) Not less than ten days prior to the scheduled
execution, the superintendent shall file the witness list with
the superior court from which the conviction and death
warrant was issued with a petition asking that the court enter
an order certifying this list as a final order identifying the
witnesses to attend the execution. The final order of the
court certifying the witness list shall not be entered less than
five days after the filing of the petition.
(4) Unless a show cause petition is filed with the
superior court from which the conviction and death warrant
was issued within five days of the filing of the
superintendent’s petition, the superintendent’s list, by order
of the superior court, becomes final, and no other party has
standing to challenge its appropriateness.
(5) In no case may the superintendent or the superior
court order or allow more than seventeen individuals other
than required staff to witness a planned execution.
(6) All witnesses must adhere to the search and security
provisions of the department of corrections’ policy regarding
the witnessing of an execution.
(7) The superior court from which the conviction and
death warrant was issued is the exclusive court for seeking
[Title 10 RCW—page 71]
10.95.185
Title 10 RCW: Criminal Procedure
judicial process for the privilege of attending and witnessing
an execution.
(8) For purposes of this section:
(a) "Judicial officer" means: (i) The superior court
judge who signed the death warrant issued pursuant to RCW
10.95.160 for the execution of the individual, (ii) the current
prosecuting attorney or a deputy prosecuting attorney of the
county from which the final judgment and sentence and
death warrant were issued, and (iii) the most recent attorney
of record representing the individual sentenced to death.
(b) "Law enforcement representatives" means those law
enforcement officers responsible for investigating the crime
for which the defendant was sentenced to death.
(c) "Media representatives" means representatives from
news organizations of all forms of media serving the state.
(d) "Representatives of the families of the victims"
means representatives from the immediate families of the
victim(s) of the individual sentenced to death, including
victim advocates of the immediate family members. Victim
advocates shall include any person working or volunteering
for a recognized victim advocacy group or a prosecutorbased or law enforcement-based agency on behalf of victims
or witnesses.
(e) "Representative from the family of the defendant"
means a representative from the immediate family of the
individual sentenced to death.
(f) "Superintendent" means the superintendent of the
Washington state penitentiary. [1999 c 332 § 1; 1993 c 463
§ 2.]
Policy—1993 c 463: "The legislature declares that, to the extent that
the attendance of witnesses can be accommodated without compromising the
security or the orderly operation of the Washington state penitentiary, it is
the policy of the state of Washington to provide authorized individuals the
opportunity to attend and witness the execution of an individual sentenced
to death pursuant to chapter 10.95 RCW. Further, it is the policy of the
state of Washington to provide for access to the execution to credentialed
members of the media." [1993 c 463 § 1.]
Severability—1993 c 463: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 463 § 3.]
10.95.190 Death warrant—Record—Return to trial
court. (1) The superintendent of the state penitentiary shall
keep in his or her office as part of the public records a book
in which shall be kept a copy of each death warrant together
with a complete statement of the superintendent’s acts pursuant to such warrants.
(2) Within twenty days after each execution of a
sentence of death, the superintendent of the state penitentiary
shall return the death warrant to the clerk of the trial court
from which it was issued with the superintendent’s return
thereon showing all acts and proceedings done by him or her
thereunder. [1981 c 138 § 19.]
10.95.200 Proceedings for failure to execute on day
named. Whenever the day appointed for the execution of a
defendant shall have passed, from any cause, other than the
issuance of a stay by a court of competent jurisdiction,
without the execution of such defendant having occurred, the
trial court which issued the original death warrant shall issue
a new death warrant in accordance with RCW 10.95.160.
The defendant’s presence before the court is not required.
[Title 10 RCW—page 72]
However, nothing in this section shall be construed as restricting the defendant’s right to be represented by counsel
in connection with issuance of a new death warrant. [1990
c 263 § 2; 1987 c 286 § 1; 1981 c 138 § 20.]
10.95.900 Severability—1981 c 138. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 138 § 22.]
Chapter 10.97
WASHINGTON STATE CRIMINAL RECORDS
PRIVACY ACT
Sections
10.97.010
10.97.020
10.97.030
10.97.040
10.97.045
10.97.050
10.97.060
10.97.070
10.97.080
Declaration of policy.
Short title.
Definitions.
Information required—Exceptions.
Disposition data to initiating agency and state patrol.
Restricted, unrestricted information—Records.
Deletion of certain information, conditions.
Disclosure of suspect’s identity to victim.
Inspection of information by subject—Challenges and corrections.
10.97.090 Administration by state patrol.
10.97.100 Fees.
10.97.110 Civil remedies—Criminal prosecution not affected.
10.97.120 Criminal penalties—Civil action not affected.
10.97.130 Child victims of sexual assaults, identification confidential.
10.97.140 Construction.
Records of rape crisis centers not available as part of discovery: RCW
70.125.065.
10.97.010 Declaration of policy. The legislature
declares that it is the policy of the state of Washington to
provide for the completeness, accuracy, confidentiality, and
security of criminal history record information and victim,
witness, and complainant record information as defined in
this chapter. [1977 ex.s. c 314 § 1.]
10.97.020 Short title. This chapter may be cited as
the Washington State Criminal Records Privacy Act. [1977
ex.s. c 314 § 2.]
Reviser’s note: The phrase "This 1977 amendatory act" has been
changed to "This chapter." This 1977 amendatory act [1977 ex.s. c 314]
consists of chapter 10.97 RCW and the amendments of RCW 42.17.310,
43.43.705, 43.43.710, 43.43.730, and 43.43.810.
10.97.030 Definitions. For purposes of this chapter,
the definitions of terms in this section shall apply.
(1) "Criminal history record information" means
information contained in records collected by criminal justice
agencies, other than courts, on individuals, consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges,
and any disposition arising therefrom, including acquittals by
reason of insanity, dismissals based on lack of competency,
sentences, correctional supervision, and release.
The term includes information contained in records
maintained by or obtained from criminal justice agencies,
other than courts, which records provide individual identification of a person together with any portion of the
(2002 Ed.)
Washington State Criminal Records Privacy Act
individual’s record of involvement in the criminal justice
system as an alleged or convicted offender, except:
(a) Posters, announcements, or lists for identifying or
apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal
justice agencies to the extent that such records are compiled
and maintained chronologically and are accessible only on a
chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed
during public judicial proceedings;
(d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than
ninety days;
(e) Records of any traffic offenses as maintained by the
department of licensing for the purpose of regulating the
issuance, suspension, revocation, or renewal of drivers’ or
other operators’ licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as
maintained by the department of transportation for the
purpose of regulating pilots or other aviation operators, and
pursuant to RCW 47.68.330;
(g) Announcements of executive clemency.
(2) "Nonconviction data" consists of all criminal history
record information relating to an incident which has not led
to a conviction or other disposition adverse to the subject,
and for which proceedings are no longer actively pending.
There shall be a rebuttable presumption that proceedings are
no longer actively pending if more than one year has elapsed
since arrest, citation, charge, or service of warrant and no
disposition has been entered.
(3) "Conviction record" means criminal history record
information relating to an incident which has led to a
conviction or other disposition adverse to the subject.
(4) "Conviction or other disposition adverse to the
subject" means any disposition of charges other than: (a) A
decision not to prosecute; (b) a dismissal; or (c) acquittal;
with the following exceptions, which shall be considered
dispositions adverse to the subject: An acquittal due to a
finding of not guilty by reason of insanity and a dismissal by
reason of incompetency, pursuant to chapter 10.77 RCW;
and a dismissal entered after a period of probation, suspension, or deferral of sentence.
(5) "Criminal justice agency" means: (a) A court; or (b)
a government agency which performs the administration of
criminal justice pursuant to a statute or executive order and
which allocates a substantial part of its annual budget to the
administration of criminal justice.
(6) "The administration of criminal justice" means
performance of any of the following activities: Detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term
also includes criminal identification activities and the
collection, storage, dissemination of criminal history record
information, and the compensation of victims of crime.
(7) "Disposition" means the formal conclusion of a
criminal proceeding at whatever stage it occurs in the
criminal justice system.
(8) "Dissemination" means disclosing criminal history
record information or disclosing the absence of criminal
history record information to any person or agency outside
(2002 Ed.)
10.97.030
the agency possessing the information, subject to the following exceptions:
(a) When criminal justice agencies jointly participate in
the maintenance of a single record keeping department as an
alternative to maintaining separate records, the furnishing of
information by that department to personnel of any participating agency is not a dissemination;
(b) The furnishing of information by any criminal
justice agency to another for the purpose of processing a
matter through the criminal justice system, such as a police
department providing information to a prosecutor for use in
preparing a charge, is not a dissemination;
(c) The reporting of an event to a record keeping agency
for the purpose of maintaining the record is not a dissemination. [1999 c 49 § 1; 1998 c 297 § 49; 1990 c 3 § 128;
1979 ex.s. c 36 § 1; 1979 c 158 § 5; 1977 ex.s. c 314 § 3.]
Effective dates—Severability—Intent—1998 c 297: See notes
following RCW 71.05.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.97.040 Information required—Exceptions. No
criminal justice agency shall disseminate criminal history
record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made
after December 31, 1977, unless the record disseminated
states the disposition of such charge to the extent dispositions have been made at the time of the request for the information: PROVIDED, HOWEVER, That if a disposition
occurring within ten days immediately preceding the dissemination has not been reported to the agency disseminating the
criminal history record information, or if information has
been received by the agency within the seventy-two hours
immediately preceding the dissemination, that information
shall not be required to be included in the dissemination:
PROVIDED FURTHER, That when another criminal justice
agency requests criminal history record information, the
disseminating agency may disseminate specific facts and
incidents which are within its direct knowledge without
furnishing disposition data as otherwise required by this
section, unless the disseminating agency has received such
disposition data from either: (1) the state patrol, or (2) the
court or other criminal justice agency required to furnish
disposition data pursuant to RCW 10.97.045.
No criminal justice agency shall disseminate criminal
history record information which shall include information
concerning a felony or gross misdemeanor without first
making inquiry of the identification section of the Washington state patrol for the purpose of obtaining the most current
and complete information available, unless one or more of
the following circumstances exists:
(1) The information to be disseminated is needed for a
purpose in the administration of criminal justice for which
time is of the essence and the identification section is
technically or physically incapable of responding within the
required time;
(2) The full information requested and to be disseminated relates to specific facts or incidents which are within the
direct knowledge of the agency which disseminates the
information;
(3) The full information requested and to be disseminated is contained in a criminal history record information
[Title 10 RCW—page 73]
10.97.040
Title 10 RCW: Criminal Procedure
summary received from the identification section by the
agency which is to make the dissemination not more than
thirty days preceding the dissemination to be made;
(4) The statute, executive order, court rule, or court
order pursuant to which the information is to be disseminated refers solely to information in the files of the agency
which makes the dissemination;
(5) The information requested and to be disseminated is
for the express purpose of research, evaluative, or statistical
activities to be based upon information maintained in the
files of the agency or agencies from which the information
is directly sought; or
(6) A person who is the subject of the record requests
the information and the agency complies with the requirements in RCW 10.97.080 as now or hereafter amended.
[1979 ex.s. c 36 § 2; 1977 ex.s. c 314 § 4.]
10.97.045 Disposition data to initiating agency and
state patrol. Whenever a court or other criminal justice
agency reaches a disposition of a criminal proceeding, the
court or other criminal justice agency shall furnish the
disposition data to the agency initiating the criminal history
record for that charge and to the identification section of the
Washington state patrol as required under RCW 43.43.745.
[1979 ex.s. c 36 § 6.]
10.97.050 Restricted, unrestricted information—
Records. (1) Conviction records may be disseminated
without restriction.
(2) Any criminal history record information which
pertains to an incident for which a person is currently being
processed by the criminal justice system, including the entire
period of correctional supervision extending through final
discharge from parole, when applicable, may be disseminated
without restriction.
(3) Criminal history record information which includes
nonconviction data may be disseminated by a criminal
justice agency to another criminal justice agency for any
purpose associated with the administration of criminal
justice, or in connection with the employment of the subject
of the record by a criminal justice or juvenile justice agency.
A criminal justice agency may respond to any inquiry from
another criminal justice agency without any obligation to
ascertain the purpose for which the information is to be used
by the agency making the inquiry.
(4) Criminal history record information which includes
nonconviction data may be disseminated by a criminal
justice agency to implement a statute, ordinance, executive
order, or a court rule, decision, or order which expressly
refers to records of arrest, charges, or allegations of criminal
conduct or other nonconviction data and authorizes or directs
that it be available or accessible for a specific purpose.
(5) Criminal history record information which includes
nonconviction data may be disseminated to individuals and
agencies pursuant to a contract with a criminal justice
agency to provide services related to the administration of
criminal justice. Such contract must specifically authorize
access to criminal history record information, but need not
specifically state that access to nonconviction data is
included. The agreement must limit the use of the criminal
history record information to stated purposes and insure the
[Title 10 RCW—page 74]
confidentiality and security of the information consistent
with state law and any applicable federal statutes and
regulations.
(6) Criminal history record information which includes
nonconviction data may be disseminated to individuals and
agencies for the express purpose of research, evaluative, or
statistical activities pursuant to an agreement with a criminal
justice agency. Such agreement must authorize the access to
nonconviction data, limit the use of that information which
identifies specific individuals to research, evaluative, or
statistical purposes, and contain provisions giving notice to
the person or organization to which the records are disseminated that the use of information obtained therefrom and
further dissemination of such information are subject to the
provisions of this chapter and applicable federal statutes and
regulations, which shall be cited with express reference to
the penalties provided for a violation thereof.
(7) Every criminal justice agency that maintains and
disseminates criminal history record information must
maintain information pertaining to every dissemination of
criminal history record information except a dissemination to
the effect that the agency has no record concerning an
individual. Information pertaining to disseminations shall
include:
(a) An indication of to whom (agency or person)
criminal history record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to
be maintained shall be retained for a period of not less than
one year.
(8) In addition to the other provisions in this section
allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information
concerning offenders who commit sex offenses as defined by
RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for
dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550. [1990
c 3 § 129; 1977 ex.s. c 314 § 5.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
10.97.060 Deletion of certain information, conditions. Criminal history record information which consists of
nonconviction data only shall be subject to deletion from
criminal justice agency files which are available and generally searched for the purpose of responding to inquiries
concerning the criminal history of a named or otherwise
identified individual when two years or longer have elapsed
since the record became nonconviction data as a result of the
entry of a disposition favorable to the defendant, or upon the
passage of three years from the date of arrest or issuance of
a citation or warrant for an offense for which a conviction
was not obtained unless the defendant is a fugitive, or the
case is under active prosecution according to a current
certification made by the prosecuting attorney.
Such criminal history record information consisting of
nonconviction data shall be deleted upon the request of the
person who is the subject of the record: PROVIDED,
(2002 Ed.)
Washington State Criminal Records Privacy Act
HOWEVER, That the criminal justice agency maintaining
the data may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar
diversion of the alleged offender;
(2) The person who is the subject of the record has had
a prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has
been arrested for or charged with another crime during the
intervening period.
Nothing in this chapter is intended to restrict the
authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a
particular cause or concerning a particular individual or
event. [1977 ex.s. c 314 § 6.]
10.97.070 Disclosure of suspect’s identity to victim.
(1) Criminal justice agencies may, in their discretion,
disclose to persons who have suffered physical loss, property
damage, or injury compensable through civil action, the
identity of persons suspected as being responsible for such
loss, damage, or injury together with such information as the
agency reasonably believes may be of assistance to the
victim in obtaining civil redress. Such disclosure may be
made without regard to whether the suspected offender is an
adult or a juvenile, whether charges have or have not been
filed, or a prosecuting authority has declined to file a charge
or a charge has been dismissed.
(2) Unless the agency determines release would interfere
with an ongoing criminal investigation, in any action brought
pursuant to this chapter, criminal justice agencies shall
disclose identifying information, including photographs of
suspects, if the acts are alleged by the plaintiff or victim to
be a violation of RCW 9A.50.020.
(3) The disclosure by a criminal justice agency of
investigative information pursuant to subsection (1) of this
section shall not establish a duty to disclose any additional
information concerning the same incident or make any subsequent disclosure of investigative information, except to the
extent an additional disclosure is compelled by legal process.
[1993 c 128 § 10; 1977 ex.s. c 314 § 7.]
Severability—Effective date—1993 c 128: See RCW 9A.50.901 and
9A.50.902.
10.97.080 Inspection of information by subject—
Challenges and corrections. All criminal justice agencies
shall permit an individual who is, or who believes that he
may be, the subject of a criminal record maintained by that
agency, to appear in person during normal business hours of
that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to
the individual. The individual’s right to access and review
of criminal history record information shall not extend to
data contained in intelligence, investigative, or other related
files, and shall not be construed to include any information
other than that defined as criminal history record information
by this chapter.
Every criminal justice agency shall adopt rules and
make available forms to facilitate the inspection and review
of criminal history record information by the subjects
thereof, which rules may include requirements for identification, the establishment of reasonable periods of time to be
(2002 Ed.)
10.97.060
allowed an individual to examine the record, and for assistance by an individual’s counsel, interpreter, or other
appropriate persons.
No person shall be allowed to retain or mechanically
reproduce any nonconviction data except for the purpose of
challenge or correction when the person who is the subject
of the record asserts the belief in writing that the information
regarding such person is inaccurate or incomplete. The
provisions of chapter 42.17 RCW shall not be construed to
require or authorize copying of nonconviction data for any
other purpose.
The Washington state patrol shall establish rules for the
challenge of records which an individual declares to be
inaccurate or incomplete, and for the resolution of any
disputes between individuals and criminal justice agencies
pertaining to the accuracy and completeness of criminal
history record information. The Washington state patrol
shall also adopt rules for the correction of criminal history
record information and the dissemination of corrected
information to agencies and persons to whom inaccurate or
incomplete information was previously disseminated. Such
rules may establish time limitations of not less than ninety
days upon the requirement for disseminating corrected information. [1979 ex.s. c 36 § 3; 1977 ex.s. c 314 § 8.]
10.97.090 Administration by state patrol. The
Washington state patrol is hereby designated the agency of
state government responsible for the administration of the
1977 Washington State Criminal Records Privacy Act. The
Washington state patrol may adopt any rules and regulations
necessary for the performance of the administrative functions
provided for in this chapter.
The Washington state patrol shall have the following
specific administrative duties:
(1) To establish by rule and regulation standards for the
security of criminal history information systems in order that
such systems and the data contained therein be adequately
protected from fire, theft, loss, destruction, other physical
hazard, or unauthorized access;
(2) To establish by rule and regulation standards for
personnel employed by criminal justice of other state and
local government agencies in positions with responsibility for
maintenance and dissemination of criminal history record
information; and
(3) To contract with the Washington state auditor or
other public or private agency, organization, or individual to
perform audits of criminal history record information
systems. [1979 ex.s. c 36 § 4; 1977 ex.s. c 314 § 9.]
10.97.100 Fees. Criminal justice agencies shall be
authorized to establish and collect reasonable fees for the
dissemination of criminal history record information to
agencies and persons other than criminal justice agencies.
[1977 ex.s. c 314 § 10.]
10.97.110 Civil remedies—Criminal prosecution not
affected. Any person may maintain an action to enjoin a
continuance of any act or acts in violation of any of the
provisions of this chapter, and if injured thereby, for the
recovery of damages and for the recovery of reasonable
attorneys’ fees. If, in such action, the court shall find that
[Title 10 RCW—page 75]
10.97.110
Title 10 RCW: Criminal Procedure
the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a
continuance thereof, and it shall not be necessary that actual
damages to the plaintiff be alleged or proved. In addition to
such injunctive relief, the plaintiff in said action shall be
entitled to recover from the defendant the amount of the
actual damages, if any, sustained by him if actual damages
to the plaintiff are alleged and proved. In any suit brought
to enjoin a violation of this chapter, the prevailing party may
be awarded reasonable attorneys’ fees, including fees
incurred upon appeal. Commencement, pendency, or
conclusion of a civil action for injunction or damages shall
not affect the liability of a person or agency to criminal
prosecution for a violation of this chapter. [1979 ex.s. c 36
§ 5; 1977 ex.s. c 314 § 11.]
10.97.120 Criminal penalties—Civil action not
affected. Violation of the provisions of this chapter shall
constitute a misdemeanor, and any person whether as
principal, agent, officer, or director for himself or for another
person, or for any firm or corporation, public or private, or
any municipality who or which shall violate any of the
provisions of this chapter shall be guilty of a misdemeanor
for each single violation. Any criminal prosecution shall not
affect the right of any person to bring a civil action as
authorized by this chapter or otherwise authorized by law.
[1977 ex.s. c 314 § 12.]
10.97.130 Child victims of sexual assaults, identification confidential. Information identifying child victims
under age eighteen who are victims of sexual assaults is
confidential and not subject to release to the press or public
without the permission of the child victim or the child’s
legal guardian. Identifying information includes the child
victim’s name, addresses, location, photographs, and in cases
in which the child victim is a relative or stepchild of the
alleged perpetrator, identification of the relationship between
the child and the alleged perpetrator. Information identifying
the child victim of sexual assault may be released to law
enforcement, prosecutors, judges, defense attorneys, or
private or governmental agencies that provide services to the
child victim of sexual assault. Prior to release of any
criminal history record information, the releasing agency
shall delete any information identifying a child victim of
sexual assault from the information except as provided in
this section. [1992 c 188 § 8.]
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
10.97.140 Construction. Nothing in RCW 40.14.060,
40.14.070, or 42.17.310 precludes dissemination of criminal
history record information, including nonconviction data, for
the purposes of this chapter. [1999 c 326 § 4.]
[Title 10 RCW—page 76]
Chapter 10.98
CRIMINAL JUSTICE INFORMATION ACT
Sections
10.98.010
10.98.020
10.98.030
10.98.040
10.98.050
10.98.060
10.98.070
10.98.080
10.98.090
10.98.100
10.98.110
10.98.130
10.98.140
10.98.150
10.98.160
Purpose.
Short title.
Source of conviction histories.
Definitions.
Officials’ duties.
Arrest and fingerprint form.
National crime information center interstate identification
index.
State identification number, furnishing of.
Disposition forms—Coding.
Compliance audit.
Tracking felony cases.
Local jail reports.
Forecasting, felons, sentences.
Status reports on felons.
Procedures, development considerations—Executive committee, review and recommendations.
10.98.010 Purpose. The purpose of this chapter is to
provide a system of reporting and disseminating felony
criminal justice information that provides: (1) Timely and
accurate criminal histories for filing and sentencing under the
sentencing reform act of 1981, (2) identification and tracking
of felons, and (3) data for statewide planning and forecasting
of the felon population. [1984 c 17 § 1.]
10.98.020 Short title. This chapter may be known
and cited as the criminal justice information act. [1984 c 17
§ 2.]
10.98.030 Source of conviction histories. The
Washington state patrol identification, child abuse, and
criminal history section as established in RCW 43.43.700
shall be the primary source of felony conviction histories for
filings, plea agreements, and sentencing on felony cases.
[1999 c 143 § 50; 1984 c 17 § 3.]
10.98.040 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Arrest and fingerprint form" means the reporting
form prescribed by the identification, child abuse, and
criminal history section to initiate compiling arrest and
identification information.
(2) "Chief law enforcement officer" includes the sheriff
or director of public safety of a county, the chief of police
of a city or town, and chief officers of other law enforcement agencies operating within the state.
(3) "Department" means the department of corrections.
(4) "Disposition" means the conclusion of a criminal
proceeding at any stage it occurs in the criminal justice
system. Disposition includes but is not limited to temporary
or permanent outcomes such as charges dropped by police,
charges not filed by the prosecuting attorney, deferred
prosecution, defendant absconded, charges filed by the
prosecuting attorney pending court findings such as not
guilty, dismissed, guilty, or guilty—case appealed to higher
court.
(5) "Disposition report" means the reporting form
prescribed by the identification, child abuse, and criminal
(2002 Ed.)
Criminal Justice Information Act
history section to report the legal procedures taken after
completing an arrest and fingerprint form. The disposition
report shall include but not be limited to the following types
of information:
(a) The type of disposition;
(b) The statutory citation for the arrests;
(c) The sentence structure if the defendant was convicted of a felony;
(d) The state identification number; and
(e) Identification information and other information that
is prescribed by the identification, child abuse, and criminal
history section.
(6) "Fingerprints" means the fingerprints taken from
arrested or charged persons under the procedures prescribed
by the Washington state patrol identification, child abuse,
and criminal history section.
(7) "Prosecuting attorney" means the public or private
attorney prosecuting a criminal case.
(8) "Section" refers to the Washington state patrol
section on identification, child abuse, and criminal history.
(9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall
include but not be limited to the total or partial confinement
sentenced, and whether the sentence is prison or jail,
community supervision, fines, restitution, or community
restitution. [2002 c 175 § 18; 1999 c 143 § 51; 1985 c 201
§ 1; 1984 c 17 § 4.]
Effective date—2002 c 175: See note following RCW 7.80.130.
10.98.050 Officials’ duties. (1) It is the duty of the
chief law enforcement officer or the local director of
corrections to transmit within seventy-two hours from the
time of arrest to the section fingerprints together with other
identifying data as may be prescribed by the section, and
statutory violations of any person lawfully arrested,
fingerprinted, and photographed under RCW 43.43.735. The
disposition report shall be transmitted to the prosecuting
attorney, county clerk, or appropriate court of limited
jurisdiction, whichever is responsible for transmitting the
report to the section under RCW 10.98.010.
(2) At the preliminary hearing or the arraignment of a
felony case, the judge shall ensure that the felony defendants
have been fingerprinted and an arrest and fingerprint form
transmitted to the section. In cases where fingerprints have
not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the local director of
corrections, or, in the case of a juvenile, the juvenile court
administrator to initiate an arrest and fingerprint form and
transmit it to the section. The disposition report shall be
transmitted to the prosecuting attorney. [1999 c 49 § 2;
1989 c 6 § 1; 1987 c 450 § 6; 1985 c 201 § 2; 1984 c 17 §
5.]
10.98.060 Arrest and fingerprint form. The arrest
and fingerprint form shall include but not be limited to the
following:
(1) Unique numbers associated with the arrest charges.
The unique numbering system may be controlled by the local
law enforcement agency, however the section shall approve
of the numbering system and maintain a current catalog of
approved local numbering systems. The purpose of the
(2002 Ed.)
10.98.040
unique numbering system is to allow tracking of arrest
charges through disposition;
(2) An organization code;
(3) Date of arrest;
(4) Local identification number;
(5) The prescribed fingerprints;
(6) Individual identification information and other
information prescribed by the section. [1984 c 17 § 6.]
10.98.070 National crime information center
interstate identification index. The section shall be the
sole recipient of arrest and fingerprint forms described in
RCW 10.98.060, fingerprint forms described in RCW
43.43.760, and disposition reports for forwarding to the
federal bureau of investigation as required for participation
in the national crime information center interstate identification index. The section shall comply with national crime
information center interstate identification index regulations
to maintain availability of out-of-state criminal history
information. [1984 c 17 § 7.]
10.98.080 State identification number, furnishing of.
The section shall promptly furnish a state identification
number to the originating agency and to the prosecuting
attorney who received a copy of the arrest and fingerprint
form. In the case of juvenile felony-like adjudications, the
section shall furnish, upon request, the state identification
number to the juvenile information section of the administrator for the courts. [1985 c 201 § 3; 1984 c 17 § 8.]
10.98.090 Disposition forms—Coding. (1) In all
cases where an arrest and fingerprint form is transmitted to
the section, the originating agency shall code the form
indicating which agency is initially responsible for reporting
the disposition to the section. Coding shall include but not
be limited to the prosecuting attorney, superior court, district
court, municipal court, or the originating agency.
(2) In the case of a superior court or felony disposition,
the county clerk or prosecuting attorney shall promptly
transmit the completed disposition information to the section.
In a county where the judicial information system or other
secure method of electronic transfer of information has been
implemented between the court and the section, the county
clerk shall electronically provide the disposition information.
In the case of a felony conviction in a county without the
judicial information system or other secure method of
electronic transfer of information between the court and the
section, the prosecuting attorney shall attach a copy of the
judgment and sentence form to the disposition form transmitted to the section. In the case of a lower court disposition,
the district or municipal court administrator shall either
promptly transmit the completed disposition form or, in a
county where the judicial information system or other secure
method of electronic transfer of information has been
implemented between the court and the section, electronically provide the disposition information to the section. For
all other dispositions the originating agency shall promptly
transmit the completed disposition form to the section.
[1998 c 197 § 1; 1985 c 201 § 4; 1984 c 17 § 9.]
[Title 10 RCW—page 77]
10.98.100
Title 10 RCW: Criminal Procedure
10.98.100 Compliance audit. The section shall
administer a compliance audit at least once annually for each
prosecuting attorney, district and municipal court, and
originating agency to ensure that all disposition reports have
been received and added to the criminal offender record
information described in RCW 43.43.705. The section shall
prepare listings of all arrests charged and listed in the
criminal offender record information for which no disposition report has been received and which has been outstanding for more than nine months since the date of arrest. Each
prosecuting attorney, district and municipal court, and
originating agency shall be furnished a list of outstanding
disposition reports. Cases pending prosecution shall be
considered outstanding dispositions in the compliance audit.
Within forty-five days, the prosecuting attorney, district and
municipal court, and originating agency shall provide the
section with a current disposition report for each outstanding
disposition. The section shall assist prosecuting attorneys
with the compliance audit by cross-checking outstanding
cases with the administrator for the courts and the department of corrections. The section may provide technical assistance to prosecuting attorneys, district or municipal courts,
or originating agencies for their compliance audits. The
results of compliance audits shall be published annually and
distributed to legislative committees dealing with criminal
justice issues, the office of financial management, and criminal justice agencies and associations. [1985 c 201 § 5; 1984
c 17 § 10.]
The office of financial management may contract with
a state or local governmental agency, or combination thereof,
or a private organization for the information collection and
transmittal under this section. [1988 c 152 § 1; 1987 c 462
§ 3; 1984 c 17 § 13.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
10.98.140 Forecasting, felons, sentences. (1) The
section, the department, and the office of financial management shall be the primary sources of information for criminal
justice forecasting. The information maintained by these
agencies shall be complete, accurate, and sufficiently timely
to support state criminal justice forecasting.
(2) The office of financial management shall be the
official state agency for the sentenced felon jail forecast.
This forecast shall provide at least a six-year projection and
shall be published by December 1 of every even-numbered
year beginning with 1986. The office of financial management shall seek advice regarding the assumptions in the
forecast from criminal justice agencies and associations.
(3) The sentencing guidelines commission shall keep
records on all sentencings above or below the standard range
defined by chapter 9.94A RCW. As a minimum, the records
shall include the name of the offender, the crimes for which
the offender was sentenced, the name and county of the
sentencing judge, and the deviation from the standard range.
Such records shall be made available to public officials upon
request. [1987 c 462 § 4; 1985 c 201 § 6; 1984 c 17 § 14.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
10.98.110 Tracking felony cases. (1) The department
shall maintain records to track felony cases for convicted
felons sentenced either to a term of confinement exceeding
one year or ordered under the supervision of the department
and felony cases under the jurisdiction of the department
pursuant to interstate compact agreements.
(2) Tracking shall begin at the time the department
receives a judgment and sentence form from a prosecuting
attorney and shall include the collection and updating of
felons’ criminal records from the time of sentencing through
discharge.
(3) The department of corrections shall collect information for tracking felons from its offices and from information
provided by county clerks, the Washington state patrol
identification, child abuse, and criminal history section, the
office of financial management, and any other public or
private agency that provides services to help individuals
complete their felony sentences. [1999 c 143 § 52; 1993 c
31 § 1; 1987 c 462 § 2; 1984 c 17 § 11.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
10.98.130 Local jail reports. Local jails shall report
to the office of financial management and that office shall
transmit to the department the information on all persons
convicted of felonies or incarcerated for noncompliance with
a felony sentence who are admitted or released from the jails
and shall promptly respond to requests of the department for
such data. Information transmitted shall include but not be
limited to the state identification number, whether the reason
for admission to jail was a felony conviction or noncompliance with a felony sentence, and the dates of the admission
and release.
[Title 10 RCW—page 78]
10.98.150 Status reports on felons. The section and
the department shall provide prompt responses to the
requests of law enforcement agencies and jails regarding the
status of suspected or convicted felons. Dissemination of
individual identities, criminal histories, or the whereabouts
of a suspected or convicted felon shall be in accordance with
chapter 10.97 RCW, the Washington state criminal records
privacy act. [1984 c 17 § 15.]
10.98.160 Procedures, development considerations—
Executive committee, review and recommendations. In
the development and modification of the procedures, definitions, and reporting capabilities of the section, the department, the office of financial management, and the responsible agencies and persons shall consider the needs of other
criminal justice agencies such as the administrator for the
courts, local law enforcement agencies, jailers, the sentencing guidelines commission, the indeterminate sentence
review board, the clemency board, prosecuting attorneys, and
affected state agencies such as the office of financial
management and legislative committees dealing with
criminal justice issues. An executive committee appointed
by the heads of the department, the Washington state patrol,
and the office of financial management shall review and
provide recommendations for development and modification
of the section, the department, and the office of financial
management’s felony criminal information systems. [1999
c 143 § 53; 1987 c 462 § 5; 1984 c 17 § 16.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
(2002 Ed.)
Domestic Violence—Official Response
Chapter 10.99
DOMESTIC VIOLENCE—OFFICIAL RESPONSE
Sections
10.99.010
10.99.020
10.99.030
Purpose—Intent.
Definitions.
Law enforcement officers—Training, powers, duties—
Domestic violence reports.
10.99.040 Duties of court—No-contact order.
10.99.045 Appearances by defendant—No-contact order.
10.99.050 Victim contact—Restriction, prohibition—Violation, penalties—Written order—Procedures—Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor’s notice to victim—Description of available procedures.
10.99.070 Liability of peace officers.
10.99.900 Severability—1979 ex.s. c 105.
Arrest without warrant in domestic violence cases: RCW 10.31.100(2).
Domestic violence prevention: Chapter 26.50 RCW.
Rape crisis centers: Chapters 70.123 and 70.125 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
Victims, survivors, and witnesses of crimes: Chapter 7.69 RCW.
10.99.010 Purpose—Intent. The purpose of this
chapter is to recognize the importance of domestic violence
as a serious crime against society and to assure the victim of
domestic violence the maximum protection from abuse
which the law and those who enforce the law can provide.
The legislature finds that the existing criminal statutes are
adequate to provide protection for victims of domestic
violence. However, previous societal attitudes have been
reflected in policies and practices of law enforcement
agencies and prosecutors which have resulted in differing
treatment of crimes occurring between cohabitants and of the
same crimes occurring between strangers. Only recently has
public perception of the serious consequences of domestic
violence to society and to the victims led to the recognition
of the necessity for early intervention by law enforcement
agencies. It is the intent of the legislature that the official
response to cases of domestic violence shall stress the
enforcement of the laws to protect the victim and shall
communicate the attitude that violent behavior is not excused
or tolerated. Furthermore, it is the intent of the legislature
that criminal laws be enforced without regard to whether the
persons involved are or were married, cohabiting, or involved in a relationship. [1979 ex.s. c 105 § 1.]
10.99.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Family or household members" means spouses,
former spouses, persons who have a child in common
regardless of whether they have been married or have lived
together at any time, adult persons related by blood or
marriage, adult persons who are presently residing together
or who have resided together in the past, persons sixteen
years of age or older who are presently residing together or
who have resided together in the past and who have or have
had a dating relationship, persons sixteen years of age or
older with whom a person sixteen years of age or older has
or has had a dating relationship, and persons who have a
biological or legal parent-child relationship, including
(2002 Ed.)
Chapter 10.99
stepparents and stepchildren and grandparents and grandchildren.
(2) "Dating relationship" has the same meaning as in
RCW 26.50.010.
(3) "Domestic violence" includes but is not limited to
any of the following crimes when committed by one family
or household member against another:
(a) Assault in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree (RCW 9A.36.031);
(d) Assault in the fourth degree (RCW 9A.36.041);
(e) Drive-by shooting (RCW 9A.36.045);
(f) Reckless endangerment (RCW 9A.36.050);
(g) Coercion (RCW 9A.36.070);
(h) Burglary in the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
(j) Criminal trespass in the first degree (RCW
9A.52.070);
(k) Criminal trespass in the second degree (RCW
9A.52.080);
(l) Malicious mischief in the first degree (RCW
9A.48.070);
(m) Malicious mischief in the second degree (RCW
9A.48.080);
(n) Malicious mischief in the third degree (RCW
9A.48.090);
(o) Kidnapping in the first degree (RCW 9A.40.020);
(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order, nocontact order, or protection order restraining or enjoining the
person or restraining the person from going onto the grounds
of or entering a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a
location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220,
26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070,
26.50.130, 26.52.070, or 74.34.145);
(s) Rape in the first degree (RCW 9A.44.040);
(t) Rape in the second degree (RCW 9A.44.050);
(u) Residential burglary (RCW 9A.52.025);
(v) Stalking (RCW 9A.46.110); and
(w) Interference with the reporting of domestic violence
(RCW 9A.36.150).
(4) "Victim" means a family or household member who
has been subjected to domestic violence. [2000 c 119 § 5;
1997 c 338 § 53; 1996 c 248 § 5; 1995 c 246 § 21; 1994 c
121 § 4; 1991 c 301 § 3; 1986 c 257 § 8; 1984 c 263 § 20;
1979 ex.s. c 105 § 2.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include
the systematic destruction of individuals and their families, lost lives, lost
productivity, and increased health care, criminal justice, and social service
costs.
Children growing up in violent homes are deeply affected by the
violence as it happens and could be the next generation of batterers and
victims.
[Title 10 RCW—page 79]
10.99.020
Title 10 RCW: Criminal Procedure
Many communities have made headway in addressing the effects of
domestic violence and have devoted energy and resources to stopping this
violence. However, the process for breaking the cycle of abuse is lengthy.
No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured
to assure access to a wide range of services, including those of the
law/safety/justice system, human service system, and health care system.
These services need to be coordinated and multidisciplinary in approach and
address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all
within its range, the community has a vested interest in the methods used
to stop and prevent future violence. Clear standards of quality are needed
so that perpetrator treatment programs receiving public funds or courtordered referrals can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator’s
use of alcohol and illegal substances, substance abuse may be a contributing
factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal
frequently with domestic violence or are in a position to identify domestic
violence and provide support and information.
Much has been learned about effective interventions in domestic
violence situations; however, much is not yet known and further study is
required to know how to best stop this violence." [1991 c 301 § 1.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 3-10: See note following RCW
9A.04.110.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Domestic violence defined under the Domestic Violence Prevention Act:
RCW 26.50.010.
10.99.030 Law enforcement officers—Training,
powers, duties—Domestic violence reports. (1) All
training relating to the handling of domestic violence
complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of
community resources, and protection of the victim. Law
enforcement agencies and community organizations with
expertise in the issue of domestic violence shall cooperate in
all aspects of such training.
(2) The criminal justice training commission shall
implement by January 1, 1997, a course of instruction for the
training of law enforcement officers in Washington in the
handling of domestic violence complaints. The basic law
enforcement curriculum of the criminal justice training
commission shall include at least twenty hours of basic
training instruction on the law enforcement response to
domestic violence. The course of instruction, the learning
and performance objectives, and the standards for the
training shall be developed by the commission and focus on
enforcing the criminal laws, safety of the victim, and holding
the perpetrator accountable for the violence. The curriculum
shall include training on the extent and prevalence of
domestic violence, the importance of criminal justice
intervention, techniques for responding to incidents that
minimize the likelihood of officer injury and that promote
victim safety, investigation and interviewing skills, evidence
gathering and report writing, assistance to and services for
victims and children, verification and enforcement of court
orders, liability, and any additional provisions that are
necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall
develop and update annually an in-service training program
to familiarize law enforcement officers with the domestic
violence laws. The program shall include techniques for
handling incidents of domestic violence that minimize the
[Title 10 RCW—page 80]
likelihood of injury to the officer and that promote the safety
of all parties. The commission shall make the training
program available to all law enforcement agencies in the
state.
(4) Development of the training in subsections (2) and
(3) of this section shall be conducted in conjunction with
agencies having a primary responsibility for serving victims
of domestic violence with emergency shelter and other
services, and representatives to the statewide organization
providing training and education to these organizations and
to the general public.
(5) The primary duty of peace officers, when responding
to a domestic violence situation, is to enforce the laws
allegedly violated and to protect the complaining party.
(6)(a) When a peace officer responds to a domestic
violence call and has probable cause to believe that a crime
has been committed, the peace officer shall exercise arrest
powers with reference to the criteria in RCW 10.31.100.
The officer shall notify the victim of the victim’s right to
initiate a criminal proceeding in all cases where the officer
has not exercised arrest powers or decided to initiate
criminal proceedings by citation or otherwise. The parties
in such cases shall also be advised of the importance of
preserving evidence.
(b) A peace officer responding to a domestic violence
call shall take a complete offense report including the
officer’s disposition of the case.
(7) When a peace officer responds to a domestic
violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each
person of the availability of a shelter or other services in the
community, and giving each person immediate notice of the
legal rights and remedies available. The notice shall include
handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC
VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You
also have the right to file a petition in superior,
district, or municipal court requesting an order for
protection from domestic abuse which could include any of the following: (a) An order restraining your abuser from further acts of abuse; (b) an
order directing your abuser to leave your household; (c) an order preventing your abuser from
entering your residence, school, business, or place
of employment; (d) an order awarding you or the
other parent custody of or visitation with your
minor child or children; and (e) an order restraining
your abuser from molesting or interfering with
minor children in your custody. The forms you
need to obtain a protection order are available in
any municipal, district, or superior court.
Information about shelters and alternatives to
domestic violence is available from a statewide
twenty-four-hour toll-free hot line at (include
appropriate phone number). The battered women’s
shelter and other resources in your area are . . . . .
(include local information)"
(2002 Ed.)
Domestic Violence—Official Response
(8) The peace officer may offer, arrange, or facilitate
transportation for the victim to a hospital for treatment of
injuries or to a place of safety or shelter.
(9) The law enforcement agency shall forward the
offense report to the appropriate prosecutor within ten days
of making such report if there is probable cause to believe
that an offense has been committed, unless the case is under
active investigation.
(10) Each law enforcement agency shall make as soon
as practicable a written record and shall maintain records of
all incidents of domestic violence reported to it.
(11) Records kept pursuant to subsections (6) and (10)
of this section shall be made identifiable by means of a
departmental code for domestic violence.
(12) Commencing January 1, 1994, records of incidents
of domestic violence shall be submitted, in accordance with
procedures described in this subsection, to the Washington
association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training
commission shall amend its contract for collection of
statewide crime data with the Washington association of
sheriffs and police chiefs:
(a) To include a table, in the annual report of crime in
Washington produced by the Washington association of
sheriffs and police chiefs pursuant to the contract, showing
the total number of actual offenses and the number and
percent of the offenses that are domestic violence incidents
for the following crimes: (i) Criminal homicide, with
subtotals for murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for
rape by force and attempted forcible rape; (iii) robbery, with
subtotals for firearm, knife or cutting instrument, or other
dangerous weapon, and strongarm robbery; (iv) assault, with
subtotals for firearm, knife or cutting instrument, other
dangerous weapon, hands, feet, aggravated, and other
nonaggravated assaults; (v) burglary, with subtotals for
forcible entry, nonforcible unlawful entry, and attempted
forcible entry; (vi) larceny theft, except motor vehicle theft;
(vii) motor vehicle theft, with subtotals for autos, trucks and
buses, and other vehicles; (viii) arson; and (ix) violations of
the provisions of a protection order or no-contact order
restraining the person from going onto the grounds of or
entering a residence, workplace, school, or day care, provided that specific appropriations are subsequently made for the
collection and compilation of data regarding violations of
protection orders or no-contact orders;
(b) To require that the table shall continue to be
prepared and contained in the annual report of crime in
Washington until that time as comparable or more detailed
information about domestic violence incidents is available
through the Washington state incident based reporting system
and the information is prepared and contained in the annual
report of crime in Washington; and
(c) To require that, in consultation with interested
persons, the Washington association of sheriffs and police
chiefs prepare and disseminate procedures to all law enforcement agencies in the state as to how the agencies shall code
and report domestic violence incidents to the Washington
association of sheriffs and police chiefs. [1996 c 248 § 6;
1995 c 246 § 22; 1993 c 350 § 3; 1984 c 263 § 21; 1981 c
145 § 5; 1979 ex.s. c 105 § 3.]
Severability—1995 c 246: See note following RCW 26.50.010.
(2002 Ed.)
10.99.030
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
10.99.040 Duties of court—No-contact order. (1)
Because of the serious nature of domestic violence, the court
in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition
because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a
dissolution of marriage prior to instigation of criminal
proceedings;
(c) Shall waive any requirement that the victim’s
location be disclosed to any person, other than the attorney
of a criminal defendant, upon a showing that there is a
possibility of further violence: PROVIDED, That the court
may order a criminal defense attorney not to disclose to his
or her client the victim’s location; and
(d) Shall identify by any reasonable means on docket
sheets those criminal actions arising from acts of domestic
violence.
(2)(a) Because of the likelihood of repeated violence
directed at those who have been victims of domestic violence in the past, when any person charged with or arrested
for a crime involving domestic violence is released from
custody before arraignment or trial on bail or personal
recognizance, the court authorizing the release may prohibit
that person from having any contact with the victim. The
jurisdiction authorizing the release shall determine whether
that person should be prohibited from having any contact
with the victim. If there is no outstanding restraining or
protective order prohibiting that person from having contact
with the victim, the court authorizing release may issue, by
telephone, a no-contact order prohibiting the person charged
or arrested from having contact with the victim or from
knowingly coming within, or knowingly remaining within,
a specified distance of a location.
(b) In issuing the order, the court shall consider the
provisions of RCW 9.41.800.
(c) The no-contact order shall also be issued in writing
as soon as possible.
(3) At the time of arraignment the court shall determine
whether a no-contact order shall be issued or extended. The
no-contact order shall terminate if the defendant is acquitted
or the charges are dismissed. If a no-contact order is issued
or extended, the court may also include in the conditions of
release a requirement that the defendant submit to electronic
monitoring. If electronic monitoring is ordered, the court
shall specify who shall provide the monitoring services, and
the terms under which the monitoring shall be performed.
Upon conviction, the court may require as a condition of the
sentence that the defendant reimburse the providing agency
for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under
subsection (2) or (3) of this section is punishable under
RCW 26.50.110.
(b) The written order releasing the person charged or
arrested shall contain the court’s directives and shall bear the
legend: "Violation of this order is a criminal offense under
chapter 26.50 RCW and will subject a violator to arrest; any
assault, drive-by shooting, or reckless endangerment that is
[Title 10 RCW—page 81]
10.99.040
Title 10 RCW: Criminal Procedure
a violation of this order is a felony. You can be arrested
even if any person protected by the order invites or allows
you to violate the order’s prohibitions. You have the sole
responsibility to avoid or refrain from violating the order’s
provisions. Only the court can change the order."
(c) A certified copy of the order shall be provided to the
victim.
(5) If a no-contact order has been issued prior to
charging, that order shall expire at arraignment or within
seventy-two hours if charges are not filed. Such orders need
not be entered into the computer-based criminal intelligence
information system in this state which is used by law
enforcement agencies to list outstanding warrants.
(6) Whenever a no-contact order is issued, modified, or
terminated under subsection (2) or (3) of this section, the
clerk of the court shall forward a copy of the order on or
before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the
copy of the order the law enforcement agency shall enter the
order for one year or until the expiration date specified on
the order into any computer-based criminal intelligence
information system available in this state used by law
enforcement agencies to list outstanding warrants. Entry into
the computer-based criminal intelligence information system
constitutes notice to all law enforcement agencies of the
existence of the order. The order is fully enforceable in any
jurisdiction in the state. Upon receipt of notice that an order
has been terminated under subsection (3) of this section, the
law enforcement agency shall remove the order from the
computer-based criminal intelligence information system.
[2000 c 119 § 18; 1997 c 338 § 54; 1996 c 248 § 7; 1995 c
246 § 23; 1994 sp.s. c 7 § 449; 1992 c 86 § 2; 1991 c 301
§ 4; 1985 c 303 § 10; 1984 c 263 § 22; 1983 c 232 § 7;
1981 c 145 § 6; 1979 ex.s. c 105 § 4.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1983 c 232: See note following RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders for protection in cases of domestic violence: RCW 26.50.030,
26.50.070.
Temporary restraining order: RCW 26.09.060.
10.99.045 Appearances by defendant—No-contact
order. (1) A defendant arrested for an offense involving
domestic violence as defined by RCW 10.99.020 shall be
required to appear in person before a magistrate within one
judicial day after the arrest.
(2) A defendant who is charged by citation, complaint,
or information with an offense involving domestic violence
as defined by RCW 10.99.020 and not arrested shall appear
in court for arraignment in person as soon as practicable, but
[Title 10 RCW—page 82]
in no event later than fourteen days after the next day on
which court is in session following the issuance of the
citation or the filing of the complaint or information.
(3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the
necessity of imposing a no-contact order or other conditions
of pretrial release according to the procedures established by
court rule for a preliminary appearance or an arraignment.
The court may include in the order any conditions authorized
under RCW 9.41.800 and 10.99.040.
(4) Appearances required pursuant to this section are
mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered
with the appropriate law enforcement agency pursuant to the
procedures outlined in *RCW 10.99.040 (2) and (4). [2000
c 119 § 19; 1998 c 55 § 2; 1994 sp.s. c 7 § 450; 1984 c 263
§ 23; 1983 c 232 § 8; 1981 c 145 § 7.]
*Reviser’s note: RCW 10.99.040 was amended by 1985 c 303 § 10
changing subsection (4) to subsection (5); and was subsequently amended
by 2000 c 119 § 18 changing subsection (5) to subsection (6).
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1983 c 232: See note following RCW 9.41.010.
10.99.050 Victim contact—Restriction, prohibition—Violation, penalties—Written order—Procedures—
Notice of change. (1) When a defendant is found guilty of
a crime and a condition of the sentence restricts the
defendant’s ability to have contact with the victim, such
condition shall be recorded and a written certified copy of
that order shall be provided to the victim.
(2)(a) Willful violation of a court order issued under this
section is punishable under RCW 26.50.110.
(b) The written order shall contain the court’s directives
and shall bear the legend: Violation of this order is a
criminal offense under chapter 26.50 RCW and will subject
a violator to arrest; any assault, drive-by shooting, or
reckless endangerment that is a violation of this order is a
felony.
(3) Whenever an order prohibiting contact is issued
pursuant to this section, the clerk of the court shall forward
a copy of the order on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the copy of the order the law enforcement
agency shall enter the order for one year or until the expiration date specified on the order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law
enforcement agencies of the existence of the order. The
order is fully enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this
section is modified or terminated, the clerk of the court shall
notify the law enforcement agency specified in the order on
or before the next judicial day. Upon receipt of notice that
an order has been terminated, the law enforcement agency
(2002 Ed.)
Domestic Violence—Official Response
shall remove the order from any computer-based criminal
intelligence system. [2000 c 119 § 20; 1997 c 338 § 55;
1996 c 248 § 8; 1991 c 301 § 5; 1985 c 303 § 12; 1984 c
263 § 24; 1979 ex.s. c 105 § 5.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
10.99.055 Enforcement of orders. A peace officer in
this state shall enforce an order issued by any court in this
state restricting a defendant’s ability to have contact with a
victim by arresting and taking the defendant into custody,
pending release on bail, personal recognizance, or court
order, when the officer has probable cause to believe that the
defendant has violated the terms of that order. [1984 c 263
§ 25; 1983 c 232 § 9; 1981 c 145 § 8.]
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1983 c 232: See note following RCW 9.41.010.
10.99.060 Prosecutor’s notice to victim—Description
of available procedures. The public attorney responsible
for making the decision whether or not to prosecute shall
advise the victim of that decision within five days, and, prior
to making that decision shall advise the victim, upon the
victim’s request, of the status of the case. Notification to the
victim that charges will not be filed shall include a description of the procedures available to the victim in that jurisdiction to initiate a criminal proceeding. [1979 ex.s. c 105 § 6.]
10.99.070 Liability of peace officers. A peace officer
shall not be held liable in any civil action for an arrest based
on probable cause, enforcement in good faith of a court
order, or any other action or omission in good faith under
this chapter arising from an alleged incident of domestic
violence brought by any party to the incident. [1979 ex.s. c
105 § 7.]
10.99.900 Severability—1979 ex.s. c 105. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 105 § 9.]
Chapter 10.101
INDIGENT DEFENSE SERVICES
Sections
10.101.005 Legislative finding.
10.101.010 Definitions.
10.101.020 Determination of indigency—Provisional appointment—
Promissory note.
10.101.030 Standards for public defense services.
10.101.040 Selection of defense attorneys.
(2002 Ed.)
10.99.050
10.101.005 Legislative finding. The legislature finds
that effective legal representation should be provided for
indigent persons and persons who are indigent and able to
contribute, consistent with the constitutional requirements of
fairness, equal protection, and due process in all cases where
the right to counsel attaches. [1989 c 409 § 1.]
10.101.010 Definitions. The following definitions
shall be applied in connection with this chapter:
(1) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public
assistance: Temporary assistance for needy families, general
assistance, poverty-related veterans’ benefits, food stamps or
food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security
income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one
hundred twenty-five percent or less of the current federally
established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(2) "Indigent and able to contribute" means a person
who, at any stage of a court proceeding, is unable to pay the
anticipated cost of counsel for the matter before the court
because his or her available funds are less than the anticipated cost of counsel but sufficient for the person to pay a
portion of that cost.
(3) "Anticipated cost of counsel" means the cost of
retaining private counsel for representation on the matter
before the court.
(4) "Available funds" means liquid assets and disposable
net monthly income calculated after provision is made for
bail obligations. For the purpose of determining available
funds, the following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank
accounts, stocks, bonds, certificates of deposit, equity in real
estate, and equity in motor vehicles. A motor vehicle
necessary to maintain employment and having a market
value not greater than three thousand dollars shall not be
considered a liquid asset.
(b) "Income" means salary, wages, interest, dividends,
and other earnings which are reportable for federal income
tax purposes, and cash payments such as reimbursements
received from pensions, annuities, social security, and public
assistance programs. It includes any contribution received
from any family member or other person who is domiciled
in the same residence as the defendant and who is helping to
defray the defendant’s basic living costs.
(c) "Disposable net monthly income" means the income
remaining each month after deducting federal, state, or local
income taxes, social security taxes, contributory retirement,
union dues, and basic living costs.
(d) "Basic living costs" means the average monthly
amount spent by the defendant for reasonable payments
toward living costs, such as shelter, food, utilities, health
care, transportation, clothing, loan payments, support
[Title 10 RCW—page 83]
10.101.010
Title 10 RCW: Criminal Procedure
payments, and court-imposed obligations. [1998 c 79 § 2;
1997 c 59 § 3; 1989 c 409 § 2.]
10.101.020 Determination of indigency—Provisional
appointment—Promissory note. (1) A determination of
indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the
right to counsel attaches. The court or its designee shall
determine whether the person is indigent pursuant to the
standards set forth in this chapter.
(2) In making the determination of indigency, the court
shall also consider the anticipated length and complexity of
the proceedings and the usual and customary charges of an
attorney in the community for rendering services, and any
other circumstances presented to the court which are relevant
to the issue of indigency. The appointment of counsel shall
not be denied to the person because the person’s friends or
relatives, other than a spouse who was not the victim of any
offense or offenses allegedly committed by the person, have
resources adequate to retain counsel, or because the person
has posted or is capable of posting bond.
(3) The determination of indigency shall be made upon
the defendant’s initial contact with the court or at the earliest
time circumstances permit. The court or its designee shall
keep a written record of the determination of indigency.
Any information given by the accused under this section or
sections shall be confidential and shall not be available for
use by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made
before the time when the first services are to be rendered,
the court shall appoint an attorney on a provisional basis. If
the court subsequently determines that the person receiving
the services is ineligible, the court shall notify the person of
the termination of services, subject to court-ordered reinstatement.
(5) All persons determined to be indigent and able to
contribute, shall be required to execute a promissory note at
the time counsel is appointed. The person shall be informed
whether payment shall be made in the form of a lump sum
payment or periodic payments. The payment and payment
schedule must be set forth in writing. The person receiving
the appointment of counsel shall also sign an affidavit
swearing under penalty of perjury that all income and assets
reported are complete and accurate. In addition, the person
must swear in the affidavit to immediately report any change
in financial status to the court.
(6) The office or individual charged by the court to
make the determination of indigency shall provide a written
report and opinion as to indigency on a form prescribed by
the office of public defense, based on information obtained
from the defendant and subject to verification. The form
shall include information necessary to provide a basis for
making a determination with respect to indigency as provided by this chapter. [1997 c 41 § 5; 1989 c 409 § 3.]
10.101.030 Standards for public defense services.
Each county or city under this chapter shall adopt standards
for the delivery of public defense services, whether those
services are provided by contract, assigned counsel, or a
public defender office. Standards shall include the follow[Title 10 RCW—page 84]
ing: Compensation of counsel, duties and responsibilities of
counsel, case load limits and types of cases, responsibility
for expert witness fees and other costs associated with
representation, administrative expenses, support services,
reports of attorney activity and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of
attorneys or assignment of contracts, limitations on private
practice of contract attorneys, qualifications of attorneys,
disposition of client complaints, cause for termination of
contract or removal of attorney, and nondiscrimination. The
standards endorsed by the Washington state bar association
for the provision of public defense services may serve as
guidelines to contracting authorities. [1989 c 409 § 4.]
10.101.040 Selection of defense attorneys. City
attorneys, county prosecutors, and law enforcement officers
shall not select the attorneys who will provide indigent
defense services. [1989 c 409 § 5.]
Chapter 10.105
PROPERTY INVOLVED IN A FELONY
Sections
10.105.010 Seizure and forfeiture.
10.105.900 Application.
10.105.010 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture and no property right
exists in them: All personal property, including, but not
limited to, any item, object, tool, substance, device, weapon,
machine, vehicle of any kind, money, security, or negotiable
instrument, which has been or was actually employed as an
instrumentality in the commission of, or in aiding or abetting
in the commission of any felony, or which was furnished or
was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission of, any felony, or which was acquired in whole or in
part with proceeds traceable to the commission of a felony.
No property may be forfeited under this section until after
there has been a superior court conviction of the owner of
the property for the felony in connection with which the
property was employed, furnished, or acquired.
A forfeiture of property encumbered by a bona fide
security interest is subject to the interest of the secured party
if at the time the security interest was created, the secured
party neither had knowledge of nor consented to the commission of the felony.
(2) Personal property subject to forfeiture under this
chapter may be seized by any law enforcement officer of this
state upon process issued by any superior court having
jurisdiction over the property. Seizure of personal property
without process may be made if:
(a) The seizure is incident to an arrest or a search under
a search warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal
injunction or forfeiture proceeding;
(c) A law enforcement officer has probable cause to
believe that the property is directly dangerous to health or
safety; or
(2002 Ed.)
Property Involved in a Felony
(d) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used
in the commission of a felony.
(3) In the event of seizure pursuant to this section,
proceedings for forfeiture shall be deemed commenced by
the seizure. The law enforcement agency under whose
authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein,
including any community property interest, of the seizure
and intended forfeiture of the seized property. The notice of
seizure may be served by any method authorized by law or
court rule including but not limited to service by certified
mail with return receipt requested. Service by mail shall be
deemed complete upon mailing within the fifteen day period
following the seizure. Notice of seizure in the case of
property subject to a security interest that has been perfected
by filing a financing statement in accordance with *chapter
62A.9 RCW, or a certificate of title shall be made by service
upon the secured party or the secured party’s assignee at the
address shown on the financing statement or the certificate
of title.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this
section within forty-five days of the seizure, the item seized
shall be deemed forfeited.
(5) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized property within forty-five days of
the seizure, the law enforcement agency shall give the
person or persons a reasonable opportunity to be heard as to
the claim or right. The hearing shall be before the chief law
enforcement officer of the seizing agency or the chief law
enforcement officer’s designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020(4),
the hearing shall be before the chief law enforcement officer
of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of
competent jurisdiction. Removal may only be accomplished
according to the rules of civil procedure. The person
seeking removal of the matter must serve process against the
state, county, political subdivision, or municipality that
operates the seizing agency, and any other party of interest,
in accordance with RCW 4.28.080 or 4.92.020, within fortyfive days after the person seeking removal has notified the
seizing law enforcement agency of the person’s claim of
ownership or right to possession. The court to which the
matter is to be removed shall be the district court when the
aggregate value of the property is within the jurisdictional
limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants
to the property involved, the prevailing party shall be entitled
to a judgment for costs and reasonable attorney’s fees. The
burden of producing evidence shall be upon the person
claiming to be the lawful owner or the person claiming to
have the lawful right to possession of the property. The
seizing law enforcement agency shall promptly return the
property to the claimant upon a determination by the admin(2002 Ed.)
10.105.010
istrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession of the
property.
(6) When property is forfeited under this chapter, after
satisfying any court-ordered victim restitution, the seizing
law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release such property
to such agency for the exclusive use of enforcing the
criminal law;
(b) Sell that which is not required to be destroyed by
law and which is not harmful to the public.
(7) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten
percent of the net proceeds of any property forfeited during
the preceding calendar year. Money remitted shall be
deposited in the public safety and education account.
(a) The net proceeds of forfeited property is the value
of the forfeitable interest in the property after deducting the
cost of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including
reasonable fees or commissions paid to independent selling
agents.
(b) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for
valuation of motor vehicles. A seizing agency may use, but
need not use, an independent qualified appraiser to determine
the value of retained property. If an appraiser is used, the
value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained
firearms or illegal property is zero.
(c) Retained property and net proceeds not required to
be paid to the state treasurer, or otherwise required to be
spent under this section, shall be retained by the seizing law
enforcement agency exclusively for the expansion and
improvement of law enforcement activity. Money retained
under this section may not be used to supplant preexisting
funding sources. [1993 c 288 § 2.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
10.105.900 Application. This chapter does not apply
to property subject to forfeiture under chapter 66.32 RCW,
RCW 69.50.505, 9.41.098, 9.46.231, 9A.82.100, 9A.83.030,
7.48.090, or *77.12.101. [1994 c 218 § 18; 1993 c 288 § 1.]
*Reviser’s note: RCW 77.12.101 was repealed by 2000 c 107 § 273.
Effective date—1994 c 218: See note following RCW 9.46.010.
[Title 10 RCW—page 85]
Title 11
PROBATE AND TRUST LAW
Chapters
11.02
11.04
11.05
11.07
General provisions.
Descent and distribution.
Uniform simultaneous death act.
Nonprobate assets on dissolution or invalidation of marriage.
11.08
Escheats.
11.10
Abatement of assets.
11.11
Testamentary disposition of nonprobate
assets act.
11.12
Wills.
11.18
Liability of beneficiary of nonprobate asset.
11.20
Custody, proof, and probate of wills.
11.24
Will contests.
11.28
Letters testamentary and of administration.
11.32
Special administrators.
11.36
Qualifications of personal representatives.
11.40
Claims against estate.
11.42
Settlement of creditor claims for estates
passing without probate.
11.44
Inventory and appraisement.
11.48
Personal representatives—General provisions—Actions by and against.
11.54
Family support and postdeath creditor’s
claim exemptions.
11.56
Sales, exchanges, leases, mortgages, and
borrowing.
11.60
Performance of decedent’s contracts.
11.62
Estates under $60,000—Disposition of property.
11.64
Partnership property.
11.66
Social security benefits.
11.68
Settlement of estates without administration.
11.72
Distribution before settlement.
11.76
Settlement of estates.
11.80
Estates of absentees.
11.84
Inheritance rights of slayers.
11.86
Disclaimer of interests.
11.88
Guardianship—Appointment, qualification,
removal of guardians.
11.92
Guardianship—Powers and duties of
guardian or limited guardian.
11.94
Power of attorney.
11.95
Powers of appointment.
11.96A Trust and estate dispute resolution.
11.97
Effect of trust instrument.
11.98
Trusts.
11.99
Construction.
11.100
Investment of trust funds.
11.102
Common trust funds.
11.104
Washington principal and income act.
11.104A Washington principal and income act of
2002.
(2002 Ed.)
11.106
11.108
11.110
11.114
11.118
Trustees’ accounting act.
Trust gift distribution.
Charitable trusts.
Uniform transfers to minors act.
Trusts—Animals.
Rules of court:
compensation, reports: SPR 98.12W.
guardians, receivers, personal representatives compromise and settlement:
SPR 98.08W.
receivers, reports by: SPR 98.10W.
Cemetery plots, inheritance: Chapter 68.32 RCW.
Community property agreements: Chapter 26.16 RCW.
Coroner’s duty as to property of deceased: RCW 36.24.130, 36.24.180.
Court commissioners, powers in probate matters: RCW 2.24.040.
Donation of human remains for medical purposes: Chapter 68.50 RCW.
Evidence, transaction with person since deceased: RCW 5.60.030.
Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020.
Joint tenancy: Chapter 64.28 RCW.
Jurisdiction: RCW 2.08.010, 2.08.190; State Constitution Art. 4 §§ 4 and
6 (Amendment 28).
Life insurance payable to trustee named as beneficiary in policy or will:
RCW 48.18.450, 48.18.452.
Partition of real property: Chapter 7.52 RCW.
Production of pretended heir: Chapter 9A.60 RCW.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Stock certificates—Joint tenancy—Transfer pursuant to direction of
survivor: RCW 23B.07.240.
Veterans’ estates, appointment of director of veterans’ affairs to act as
fiduciary: RCW 73.04.130.
Wages
payment on death of employee: RCW 49.48.120.
preference on death of employer: RCW 49.56.020.
Written finding of presumed death, missing in action, etc.: RCW 5.40.020
through 5.40.040.
Chapter 11.02
GENERAL PROVISIONS
Sections
11.02.001
11.02.005
11.02.070
11.02.080
11.02.091
11.02.100
11.02.110
11.02.120
11.02.130
11.02.900
11.02.901
Section headings in Title 11 RCW not part of law.
Definitions and use of terms.
Community property—Disposition—Probate administration
of.
Application and construction of act as to wills, proceedings,
guardians, accrued rights, and pre-executed instruments—Severability—Effective date—1974 ex.s. c 117.
Written instrument—Limit on characterization as testamentary.
Transfer of shares of record—Dividends.
Transfer of shares or securities—Presumption of joint tenancy.
Transfer of shares—Liability.
Safe deposit repository—Lease provision ineffective to
create joint tenancy or transfer at one lessee’s death.
Short title—Washington trust act of 1984.
Application—1985 c 30—Application of 1984 c 149 as
amended and reenacted in 1985.
[Title 11 RCW—page 1]
Chapter 11.02
11.02.902
11.02.903
Title 11 RCW: Probate and Trust Law
Purpose—1985 c 30.
Severability—1985 c 30.
11.02.001 Section headings in Title 11 RCW not
part of law. Section headings, as found in Title 11 RCW,
do not constitute any part of the law. [1985 c 30 § 3. Prior:
1984 c 149 § 179.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.02.005 Definitions and use of terms. When used
in this title, unless otherwise required from the context:
(1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian
and special representative.
(2) "Net estate" refers to the real and personal property
of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and
debts of, the deceased or the estate.
(3) "Representation" refers to a method of determining
distribution in which the takers are in unequal degrees of
kinship with respect to the intestate, and is accomplished as
follows: After first determining who, of those entitled to
share in the estate, are in the nearest degree of kinship, the
estate is divided into equal shares, the number of shares
being the sum of the number of persons who survive the
intestate who are in the nearest degree of kinship and the
number of persons in the same degree of kinship who died
before the intestate but who left issue surviving the intestate;
each share of a deceased person in the nearest degree shall
be divided among those of the deceased person’s issue who
survive the intestate and have no ancestor then living who is
in the line of relationship between them and the intestate,
those more remote in degree taking together the share which
their ancestor would have taken had he or she survived the
intestate. Posthumous children are considered as living at
the death of their parent.
(4) "Issue" includes all the lawful lineal descendants of
the ancestor and all lawfully adopted children.
(5) "Degree of kinship" means the degree of kinship as
computed according to the rules of the civil law; that is, by
counting upward from the intestate to the nearest common
ancestor and then downward to the relative, the degree of
kinship being the sum of these two counts.
(6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate
succession to the real and personal property of a decedent on
the decedent’s death intestate.
(7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and
hereditaments, and all rights thereto, and all interest therein
possessed and claimed in fee simple, or for the life of a third
person.
(8) "Will" means an instrument validly executed as
required by RCW 11.12.020.
(9) "Codicil" means a will that modifies or partially
revokes an existing earlier will. A codicil need not refer to
or be attached to the earlier will.
(10) "Guardian" or "limited guardian" means a personal
representative of the person or estate of an incompetent or
[Title 11 RCW—page 2]
disabled person as defined in RCW 11.88.010 and the term
may be used in lieu of "personal representative" wherever
required by context.
(11) "Administrator" means a personal representative of
the estate of a decedent and the term may be used in lieu of
"personal representative" wherever required by context.
(12) "Executor" means a personal representative of the
estate of a decedent appointed by will and the term may be
used in lieu of "personal representative" wherever required
by context.
(13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited
purposes and the term may be used in lieu of "personal
representative" wherever required by context.
(14) "Trustee" means an original, added, or successor
trustee and includes the state, or any agency thereof, when
it is acting as the trustee of a trust to which chapter 11.98
RCW applies.
(15) "Nonprobate asset" means those rights and interests
of a person having beneficial ownership of an asset that pass
on the person’s death under a written instrument or arrangement other than the person’s will. "Nonprobate asset"
includes, but is not limited to, a right or interest passing
under a joint tenancy with right of survivorship, joint bank
account with right of survivorship, payable on death or trust
bank account, transfer on death security or security account,
deed or conveyance if possession has been postponed until
the death of the person, trust of which the person is grantor
and that becomes effective or irrevocable only upon the
person’s death, community property agreement, individual
retirement account or bond, or note or other contract the
payment or performance of which is affected by the death of
the person. "Nonprobate asset" does not include: A
payable-on-death provision of a life insurance policy,
annuity, or other similar contract, or of an employee benefit
plan; a right or interest passing by descent and distribution
under chapter 11.04 RCW; a right or interest if, before
death, the person has irrevocably transferred the right or
interest, the person has waived the power to transfer it or, in
the case of contractual arrangement, the person has waived
the unilateral right to rescind or modify the arrangement; or
a right or interest held by the person solely in a fiduciary
capacity. For the definition of "nonprobate asset" relating to
revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage,
RCW 11.07.010(5) applies. For the definition of
"nonprobate asset" relating to revocation of a provision for
a former spouse upon dissolution of marriage or declaration
of invalidity of marriage, see RCW 11.07.010(5). For the
definition of "nonprobate asset" relating to testamentary
disposition of nonprobate assets, see RCW 11.11.010(7).
(16) "Internal Revenue Code" means the United States
Internal Revenue Code of 1986, as amended or renumbered
as of January 1, 2001.
(17) References to "section 2033A" of the Internal
Revenue Code in wills, trust agreements, powers of appointment, beneficiary designations, and other instruments
governed by or subject to this title shall be deemed to refer
to the comparable or corresponding provisions of section
2057 of the Internal Revenue Code, as added by section
6006(b) of the Internal Revenue Service Restructuring Act
of 1998 (H.R. 2676, P.L. 105-206); and references to the
(2002 Ed.)
General Provisions
section 2033A "exclusion" shall be deemed to mean the
section 2057 deduction.
Words that import the singular number may also be
applied to the plural of persons and things.
Words importing the masculine gender only may be
extended to females also. [2001 c 320 § 1; 2000 c 130 § 1;
1999 c 358 § 20; 1998 c 292 § 117; 1997 c 252 § 1; 1994
c 221 § 1; 1993 c 73 § 1; 1985 c 30 § 4. Prior: 1984 c 149
§ 4; 1977 ex.s. c 80 § 14; 1975-’76 2nd ex.s. c 42 § 23;
1965 c 145 § 11.02.005. Former RCW sections: Subd. (3),
RCW 11.04.110; subd. (4), RCW 11.04.010; subd. (5), RCW
11.04.100; subd. (6), RCW 11.04.280; subd. (7), RCW
11.04.010; subd. (8) and (9), RCW 11.12.240; subd. (14) and
(15), RCW 11.02.040.]
Effective date—2001 c 320: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 320 § 22.]
Application—2000 c 130: "Section 1 of this act applies to decedents
dying after December 31, 1997." [2000 c 130 § 2.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Application—1997 c 252: "Sections 1 through 72, chapter 252, Laws
of 1997 apply to estates of decedents dying after December 31, 1997.
Sections 81 through 86, chapter 252, Laws of 1997 apply to all estates,
trusts, and governing instruments in existence on or at any time after March
7, 1984, and to all proceedings with respect thereto after March 7, 1984,
whether the proceedings commenced before or after March 7, 1984, and
including distributions made after March 7, 1984. Sections 81 through 86,
chapter 252, Laws of 1997 do not apply to any governing instrument, the
terms of which expressly or by necessary implication make the application
of sections 81 through 86, chapter 252, Laws of 1997 inapplicable. The
judicial and nonjudicial dispute resolution procedures of chapter 11.96 RCW
apply to sections 81 through 86, chapter 252, Laws of 1997." [1998 c 292
§ 205; 1997 c 252 § 89.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—1984 c 149: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 149 § 181.]
Effective dates—1984 c 149: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [March 7, 1984], except sections 1 through 98, 100
through 138, and 147 through 178 of this act which shall take effect January
1, 1985." [1984 c 149 § 180.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Effect of decree of adoption: RCW 26.33.260.
Kindred of the half blood: RCW 11.04.035.
11.02.070 Community property—Disposition—
Probate administration of. Except as provided in RCW
41.04.273 and 11.84.025, upon the death of a decedent, a
one-half share of the community property shall be confirmed
to the surviving spouse, and the other one-half share shall be
subject to testamentary disposition by the decedent, or shall
descend as provided in chapter 11.04 RCW. The whole of
the community property shall be subject to probate administration for all purposes of this title, including the payment of
obligations and debts of the community, the award in lieu of
homestead, the allowance for family support, and any other
(2002 Ed.)
11.02.005
matter for which the community property would be responsible or liable if the decedent were living. [1998 c 292 §
504; 1967 c 168 § 1.]
Application—Conflict with federal requirements—1998 c 292: See
notes following RCW 41.04.273.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Effective date—1967 c 168: "The provisions of this act shall take
effect on July 1, 1967." [1967 c 168 §§ 16, 19.]
Descent and distribution of community property: RCW 11.04.015(1).
Disposition of quasi-community property: RCW 26.16.230.
11.02.080 Application and construction of act as to
wills, proceedings, guardians, accrued rights, and preexecuted instruments—Severability—Effective date—1974
ex.s. c 117. On and after October 1, 1974:
(1) The provisions of chapter 117, Laws of 1974 ex.
sess. shall apply to any wills of decedents dying thereafter;
(2) The provisions of chapter 117, Laws of 1974 ex.
sess. shall apply to any proceedings in court then pending or
thereafter commenced regardless of the time of the death of
decedent except to the extent that in the opinion of the court
the former procedure should be made applicable in a
particular case in the interest of justice or because of
infeasibility of application of the procedure of chapter 117,
Laws of 1974 ex. sess.;
(3) Every personal representative including a person
administering an estate of a minor or incompetent holding an
appointment on October 1, 1974, continues to hold the
appointment, has the powers conferred by chapter 117, Laws
of 1974 ex. sess. and is subject to the duties imposed with
respect to any act occurring or done thereafter;
(4) An act done before October 1, 1974 in any proceeding and any accrued right is not impaired by chapter 117,
Laws of 1974 ex. sess. If a right is acquired, extinguished,
or barred upon the expiration of a prescribed period of time
which has commenced to run by the provisions of any
statute before October 1, 1974, the provisions shall remain
in force with respect to that right;
(5) Any rule of construction or presumption provided in
chapter 117, Laws of 1974 ex. sess. applies to instruments
executed before October 1, 1974 unless there is a clear
indication of a contrary intent. [1974 ex.s. c 117 § 1.]
Legislative directive—Part headings not part of law: "(1) Sections
4 and 5 of this 1974 amendatory act shall constitute a new chapter in Title
11 RCW.
(2) Sections 52 and 53 of this 1974 amendatory act shall constitute a
new chapter in Title 11 RCW.
(3) Part headings employed in this 1974 amendatory act do not
constitute any part of the law and shall not be codified by the code reviser
and shall not become a part of the Revised Code of Washington." [1974
ex.s. c 117 § 2.]
Severability—1974 ex.s. c 117: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 117 § 3.]
Effective date—1974 ex.s. c 117: "This 1974 amendatory act shall
take effect October 1, 1974." [1974 ex.s. c 117 § 56.]
11.02.091 Written instrument—Limit on characterization as testamentary. (1) An otherwise effective written
instrument of transfer may not be deemed testamentary
solely because of a provision for a nonprobate transfer at
death in the instrument.
[Title 11 RCW—page 3]
11.02.091
Title 11 RCW: Probate and Trust Law
(2) "Provision for a nonprobate transfer at death" as
used in subsection (1) of this section includes, but is not
limited to, a written provision that:
(a) Money or another benefit up to that time due to,
controlled, or owned by a decedent before death must be
paid after the decedent’s death to a person whom the
decedent designates either in the instrument or a separate
writing, including a will, executed at any time;
(b) Money or another benefit due or to become due
under the instrument ceases to be payable in the event of the
death of the promisee or the promisor before payment or
demand; or
(c) Property, controlled by or owned by the decedent
before death, that is the subject of the instrument passes to
a person the decedent designates either in the instrument or
in a separate writing, including a will, executed at any time.
(3) "Otherwise effective written instrument of transfer"
as used in subsection (1) of this section means: An insurance policy; a contract of employment; a bond; a mortgage;
a promissory note; a certified or uncertified security; an
account agreement; a compensation plan; a pension plan; an
individual retirement plan; an employee benefit plan; a joint
tenancy; a community property agreement; a trust; a conveyance; a deed of gift; a contract; or another written instrument
of a similar nature that would be effective if it did not
contain provision for a nonprobate transfer at death.
(4) This section only eliminates a requirement that
instruments of transfer comply with formalities for executing
wills under chapter 11.12 RCW. This section does not make
a written instrument effective as a contract, gift, conveyance,
deed, or trust that would not otherwise be effective as such
for reasons other than failure to comply with chapter 11.12
RCW.
(5) This section does not limit the rights of a creditor
under other laws of this state. [1993 c 291 § 2.]
direction of the surviving joint tenant or tenants any share or
shares or other securities theretofore issued by the corporation to two or more persons in joint tenancy form on the
books or records of the corporation, unless the transfer was
made with actual knowledge by the corporation or by its
registrar or transfer agent of the existence of any understanding, agreement, condition, or evidence that the shares or
securities were held other than in joint tenancy, or of the
invalidity of the joint tenancy or a breach of trust by the
joint tenants. [1990 c 180 § 8.]
11.02.100 Transfer of shares of record—Dividends.
Shares of record in the name of a married person may be
transferred by such person, such person’s agent or attorney,
without the signature of such person’s spouse. All dividends
payable upon any shares of a corporation standing in the
name of a married person, shall be paid to such married
person, such person’s agent or attorney, in the same manner
as if such person were unmarried, and it shall not be necessary for the other spouse to join in a receipt therefor; and
any proxy or power given by a married person, touching any
shares of any corporation standing in such person’s name,
shall be valid and binding without the signature of the other
spouse. [1990 c 180 § 7.]
11.02.130 Safe deposit repository—Lease provision
ineffective to create joint tenancy or transfer at one
lessee’s death. A provision in a lease of a safety deposit
repository to the effect that two or more persons have access
to the repository, or that purports to create a joint tenancy in
the repository or in the contents of the repository, or that
purports to vest ownership of the contents of the repository
in the surviving lessee, is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. Ownership of the contents of the repository and devolution of title
to those contents is determined according to rules of law
without regard to the lease provisions. [1993 c 291 § 3.]
11.02.110 Transfer of shares or securities—
Presumption of joint tenancy. Whenever shares or other
securities issued by domestic or foreign corporations are or
have been issued or transferred to two or more persons in
joint tenancy form on the books or records of the corporation, it is presumed in favor of the corporation, its registrar
and its transfer agent that the shares or other securities are
owned by such persons in joint tenancy and not otherwise.
A domestic or foreign corporation or its registrar or transfer
agent is not liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the
11.02.900 Short title—Washington trust act of 1984.
Chapter 149, Laws of 1984, as amended and reenacted in
chapters 8, 9, 10, 11, 23, 30, and 31, Laws of 1985 shall be
known as the Washington trust act of 1984. [1985 c 30 §
2.]
[Title 11 RCW—page 4]
11.02.120 Transfer of shares—Liability. Neither a
domestic or foreign corporation or its registrar or transfer
agent shall be liable for transferring or causing to be
transferred on the books of the corporation to or pursuant to
the direction of the surviving spouse of a deceased husband
or wife any share or shares or other securities theretofore
issued by the corporation to the deceased or surviving spouse
or both of them if the corporation or its registrar or transfer
agent shall be provided with the following:
(1) A copy of an agreement which shall have been
entered into between the spouses pursuant to RCW
26.16.120 and certified by the auditor of the county in this
state in whose office the same shall have been recorded;
(2) A certified copy of the death certificate of the
deceased spouse;
(3) An affidavit of the surviving spouse that:
(a) The shares or other securities constituted community
property of the spouses at date of death of the deceased
spouse and their disposition is controlled by the community
property agreement;
(b) No proceedings have been instituted to contest or set
aside or cancel the agreement; and that
(c) The claims of creditors have been paid or provided
for. [1990 c 180 § 9.]
11.02.901 Application—1985 c 30—Application of
1984 c 149 as amended and reenacted in 1985. (1)
Nothing in chapter 8, 9, 10, 11, 23, 30, or 31, Laws of 1985
shall invalidate or nullify:
(2002 Ed.)
General Provisions
(a) Any instrument or property relationship that is
executed and irrevocable as of the April 10, 1985; or
(b) Any action undertaken in a proceeding where the
action was commenced before April 10, 1985, as long as the
instrument, property relationship, or action complies with
chapter 149, Laws of 1984.
(2) Except as specifically provided otherwise in chapter
149, Laws of 1984 as amended and reenacted in 1985,
chapter 149, Laws of 1984 as amended and reenacted in
1985 shall apply to all instruments, property relationships,
and proceedings existing on January 1, 1985. [1985 c 30 §
139.]
11.02.902 Purpose—1985 c 30. The purpose of this
act is to make technical corrections to chapter 149, Laws of
1984, and to ensure that the changes made in that chapter
meet the constitutional requirements of Article II, section 19
of the state Constitution. [1985 c 30 § 1.]
11.02.903 Severability—1985 c 30. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 30 § 144.]
Chapter 11.04
DESCENT AND DISTRIBUTION
Sections
11.04.015
11.04.035
11.04.041
11.04.060
11.04.071
11.04.081
11.04.085
11.04.095
11.04.230
11.04.240
11.04.250
11.04.270
11.04.290
Inheritance
Descent and distribution of real and personal estate.
Kindred of the half blood.
Advancements.
Tenancy in dower and by curtesy abolished.
Survivorship as incident of tenancy by the entireties abolished.
Inheritance by and from any child not dependent upon marriage of parents.
Inheritance by adopted child.
Inheritance from stepparent avoids escheat.
United States savings bond—Effect of death of co-owner.
United States savings bond—Effect of beneficiary’s survival
of registered owner.
When real estate vests—Rights of heirs.
Limitation of liability for debts.
Vesting of title.
rights of slayers: Chapter 11.84 RCW.
11.04.015 Descent and distribution of real and
personal estate. The net estate of a person dying intestate,
or that portion thereof with respect to which the person shall
have died intestate, shall descend subject to the provisions of
RCW 11.04.250 and 11.02.070, and shall be distributed as
follows:
(1) Share of surviving spouse. The surviving spouse
shall receive the following share:
(a) All of the decedent’s share of the net community
estate; and
(b) One-half of the net separate estate if the intestate is
survived by issue; or
(c) Three-quarters of the net separate estate if there is
no surviving issue, but the intestate is survived by one or
more of his parents, or by one or more of the issue of one
or more of his parents; or
(2002 Ed.)
11.02.901
(d) All of the net separate estate, if there is no surviving
issue nor parent nor issue of parent.
(2) Shares of others than surviving spouse. The share
of the net estate not distributable to the surviving spouse, or
the entire net estate if there is no surviving spouse, shall
descend and be distributed as follows:
(a) To the issue of the intestate; if they are all in the
same degree of kinship to the intestate, they shall take
equally, or if of unequal degree, then those of more remote
degree shall take by representation.
(b) If the intestate not be survived by issue, then to the
parent or parents who survive the intestate.
(c) If the intestate not be survived by issue or by either
parent, then to those issue of the parent or parents who
survive the intestate; if they are all in the same degree of
kinship to the intestate, they shall take equally, or, if of
unequal degree, then those of more remote degree shall take
by representation.
(d) If the intestate not be survived by issue or by either
parent, or by any issue of the parent or parents who survive
the intestate, then to the grandparent or grandparents who
survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or
grandparents shall take one-half and the paternal grandparent
or grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either
parent, or by any issue of the parent or parents or by any
grandparent or grandparents, then to those issue of any
grandparent or grandparents who survive the intestate; taken
as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal
grandparent or grandparents, also taken as a group; within
each such group, all members share equally if they are all in
the same degree of kinship to the intestate, or, if some be of
unequal degree, then those of more remote degree shall take
by representation. [1974 ex.s. c 117 § 6; 1967 c 168 § 2;
1965 ex.s. c 55 § 1; 1965 c 145 § 11.04.015. Formerly
RCW 11.04.020, 11.04.030, 11.04.050.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property
disposition: RCW 11.02.070.
generally: Chapter 26.16 RCW.
Escheats: Chapter 11.08 RCW.
"Net estate" defined: RCW 11.02.005(2).
Payment of claims where estate insufficient: RCW 11.76.150.
Priority of sale, etc., as between realty and personalty: Chapter 11.10
RCW.
11.04.035 Kindred of the half blood. Kindred of the
half blood shall inherit the same share which they would
have inherited if they had been of the whole blood, unless
the inheritance comes to the intestate by descent, devise, or
gift from one of his ancestors, or kindred of such ancestor’s
blood, in which case all those who are not of the blood of
such ancestors shall be excluded from such inheritance:
PROVIDED, HOWEVER, That the words "kindred of such
ancestor’s blood" and "blood of such ancestors" shall be
construed to include any child lawfully adopted by one who
is in fact of the blood of such ancestors. [1967 c 168 § 3;
1965 c 145 § 11.04.035. Formerly RCW 11.04.100, part.]
[Title 11 RCW—page 5]
11.04.035
Title 11 RCW: Probate and Trust Law
"Degree of kinship" defined: RCW 11.02.005(5).
11.04.041 Advancements. If a person dies intestate
as to all his estate, property which he gave in his lifetime as
an advancement to any person who, if the intestate had died
at the time of making the advancement, would be entitled to
inherit a part of his estate, shall be counted toward the
advancee’s intestate share, and to the extent that it does not
exceed such intestate share shall be taken into account in
computing the estate to be distributed. Every gratuitous inter
vivos transfer is deemed to be an absolute gift and not an
advancement unless shown to be an advancement. The
advancement shall be considered as of its value at the time
when the advancee came into possession or enjoyment or at
the time of the death of the intestate, whichever first occurs.
If the advancee dies before the intestate, leaving a lineal heir
who takes from the intestate, the advancement shall be taken
into account in the same manner as if it had been made
directly to such heir. If such heir is entitled to a lesser share
in the estate than the advancee would have been entitled had
he survived the intestate, then the heir shall only be charged
with such proportion of the advancement as the amount he
would have inherited, had there been no advancement, bears
to the amount which the advancee would have inherited, had
there been no advancement. [1965 c 145 § 11.04.041.
Formerly RCW 11.04.040, 11.04.120, 11.04.130, 11.04.140,
11.04.150, 11.04.160, and 11.04.170.]
11.04.060 Tenancy in dower and by curtesy abolished. The provisions of RCW 11.04.015, as to the inheritance of the husband and wife from each other take the place
of tenancy in dower and tenancy by curtesy, which are
hereby abolished. [1965 c 145 § 11.04.060. Prior: Code
1881 § 3304; 1875 p 55 § 3; RRS § 1343.]
11.04.071 Survivorship as incident of tenancy by
the entireties abolished. The right of survivorship as an
incident of tenancy by the entireties is abolished. [1965 c
145 § 11.04.071.]
Joint tenancy: Chapter 64.28 RCW.
Safe deposit repository—Lease provision ineffective to create joint tenancy
or transfer at one lessee’s death: RCW 11.02.130.
11.04.081 Inheritance by and from any child not
dependent upon marriage of parents. For the purpose of
inheritance to, through, and from any child, the effects and
treatment of the parent-child relationship shall not depend
upon whether or not the parents have been married. [1975’76 2nd ex.s. c 42 § 24; 1965 c 145 § 11.04.081. Formerly
RCW 11.04.080 and 11.04.090.]
Effect of decree of adoption: RCW 26.33.260.
"Issue" includes all lawfully adopted children: RCW 11.02.005(4).
11.04.085 Inheritance by adopted child. A lawfully
adopted child shall not be considered an "heir" of his natural
parents for purposes of this title. [1965 c 145 § 11.04.085.]
Effect of decree of adoption: RCW 26.33.260.
"Issue" includes lawfully adopted children: RCW 11.02.005(4).
[Title 11 RCW—page 6]
11.04.095 Inheritance from stepparent avoids
escheat. If a person die leaving a surviving spouse and
issue by a former spouse and leaving a will whereby all or
substantially all of the deceased’s property passes to the
surviving spouse or having before death conveyed all or
substantially all his or her property to the surviving spouse,
and afterwards the latter dies without heirs and without
disposing of his or her property by will so that except for
this section the same would all escheat, the issue of the
spouse first deceased who survive the spouse last deceased
shall take and inherit from the spouse last deceased the
property so acquired by will or conveyance or the equivalent
thereof in money or other property; if such issue are all in
the same degree of kinship to the spouse first deceased they
shall take equally, or, if of unequal degree, then those of
more remote degree shall take by representation with respect
to such spouse first deceased. [1965 c 145 § 11.04.095.
Prior: 1919 c 197 § 1; RCW 11.08.010; RRS § 1356-1.]
11.04.230 United States savings bond—Effect of
death of co-owner. If either co-owner of United States
savings bonds registered in two names as co-owners (in the
alternative) dies without having presented and surrendered
the bond for payment to a federal reserve bank or the
treasury department, the surviving co-owner will be the sole
and absolute owner of the bond. [1965 c 145 § 11.04.230.
Prior: 1943 c 14 § 1; Rem. Supp. 1943 § 11548-60.]
11.04.240 United States savings bond—Effect of
beneficiary’s survival of registered owner. If the registered owner of United States savings bonds registered in the
name of one person payable on death to another dies without
having presented and surrendered the bond for payment or
authorized reissue to a federal reserve bank or the treasury
department, and is survived by the beneficiary, the beneficiary will be the sole and absolute owner of the bond. [1965
c 145 § 11.04.240. Prior: 1943 c 14 § 2; Rem. Supp. 1943
§ 11548-61.]
11.04.250 When real estate vests—Rights of heirs.
When a person dies seized of lands, tenements or
hereditaments, or any right thereto or entitled to any interest
therein in fee or for the life of another, his title shall vest
immediately in his heirs or devisees, subject to his debts,
family allowance, expenses of administration and any other
charges for which such real estate is liable under existing
laws. No administration of the estate of such decedent, and
no decree of distribution or other finding or order of any
court shall be necessary in any case to vest such title in the
heirs or devisees, but the same shall vest in the heirs or
devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the
will has been probated. The title and right to possession of
such lands, tenements, or hereditaments so vested in such
heirs or devisees, together with the rents, issues and profits
thereof, shall be good and valid against all persons claiming
adversely to the claims of any such heirs, or devisees,
excepting only the personal representative when appointed,
and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or
their grantees, jointly or severally, may sue for and recover
(2002 Ed.)
Descent and Distribution
their respective shares or interests in any such lands,
tenements, or hereditaments and the rents, issues and profits
thereof, whether letters testamentary or of administration be
granted or not, from any person except the personal representative and those lawfully claiming under such personal
representative. [1965 c 145 § 11.04.250. Prior: 1895 c 105
§ 1; RRS § 1366.]
Right to possession and management of estate: RCW 11.48.020.
11.04.270 Limitation of liability for debts. The
estate of a deceased person shall not be liable for his debts
unless letters testamentary or of administration be granted
within six years from the date of the death of such decedent:
PROVIDED, HOWEVER, That this section shall not affect
liens upon specific property, existing at the date of the death
of such decedent. [1965 c 145 § 11.04.270. Prior: 1929 c
218 § 1; 1895 c 105 § 3; RRS § 1368.]
Limitation of actions, tolling of statute: RCW 4.16.200.
11.04.290 Vesting of title. RCW 11.04.250 through
11.04.290 shall apply to community real property and also
to separate estate; and upon the death of either husband or
wife, title of all community real property shall vest immediately in the person or persons to whom the same shall go,
pass, descend or be devised, as provided in RCW 11.04.015,
subject to all the charges mentioned in RCW 11.04.250.
[1965 c 145 § 11.04.290. Prior: 1895 c 105 § 5; RRS §
1370.]
Chapter 11.05
UNIFORM SIMULTANEOUS DEATH ACT
Sections
11.05.010
11.05.020
11.05.030
11.05.040
11.05.050
11.05.900
11.05.910
Devolution of property in case of simultaneous death of
owners.
Procedure when beneficiaries die simultaneously.
Joint tenants—Simultaneous death.
Distribution of insurance policy when insured and beneficiary die simultaneously.
Scope of chapter limited.
Application of chapter to prior deaths.
Construction of chapter.
11.05.010 Devolution of property in case of simultaneous death of owners. Where the title to property or the
devolution thereof depends upon priority of death and there
is no sufficient evidence that the persons have died otherwise
than simultaneously, the property of each person shall be
disposed of as if he had survived, except as provided
otherwise in this chapter. [1965 c 145 § 11.05.010. Prior:
1943 c 113 § 1; Rem. Supp. 1943 § 1370-1. Formerly RCW
11.04.180.]
11.05.020 Procedure when beneficiaries die simultaneously. Where two or more beneficiaries are designated to
take successively or alternately by reason of survivorship
under another person’s disposition of property and there is
no sufficient evidence that these beneficiaries have died
otherwise than simultaneously the property thus disposed of
shall be divided into as many equal portions as there are
successive or alternate beneficiaries and the portion allocated
(2002 Ed.)
11.04.250
to each beneficiary shall be distributed as if he had survived
all the other beneficiaries. [1965 c 145 § 11.05.020. Prior:
1943 c 113 § 2; Rem. Supp. 1943 § 1370-2. Formerly RCW
11.04.190.]
11.05.030 Joint tenants—Simultaneous death.
Where there is no sufficient evidence that two joint tenants
have died otherwise than simultaneously, the property so
held shall be distributed one-half as if one had survived, and
one-half as if the other had survived. If there are more than
two joint tenants and all of them have so died, the property
thus distributed shall be in the proportion that one bears to
the whole number of joint tenants. [1965 c 145 § 11.05.030.
Prior: 1943 c 113 § 3; Rem. Supp. 1943 § 1370-3. Formerly RCW 11.04.200.]
Joint tenancy: Chapter 64.28 RCW.
11.05.040 Distribution of insurance policy when
insured and beneficiary die simultaneously. Where the
insured and the beneficiary in a policy of life or accident
insurance have died and there is no sufficient evidence that
they have died otherwise than simultaneously the proceeds
of the policy shall be distributed as if the insured had
survived the beneficiary. [1965 c 145 § 11.05.040. Prior:
1943 c 113 § 4; Rem. Supp. 1943 § 1370-4. Formerly RCW
11.04.210.]
Reviser’s note: The subject matter of this section and RCW
11.05.050 relating to insurance also appears in RCW 48.18.390.
11.05.050 Scope of chapter limited. This chapter
shall not apply in the case of wills, living trusts, deeds, or
contracts of insurance wherein provision has been made for
distribution of property different from the provisions of this
chapter. [1965 c 145 § 11.05.050. Prior: 1943 c 113 § 6;
Rem. Supp. 1943 § 1370-6. Formerly RCW 11.04.220.]
Reviser’s note: See note following RCW 11.05.040.
11.05.900 Application of chapter to prior deaths.
This chapter shall not apply to the distribution of the
property of a person who has died before it takes effect.
[1965 c 145 § 11.05.900. Prior: 1943 c 113 § 5; Rem.
Supp. 1943 § 1370-5.]
11.05.910 Construction of chapter. This chapter
shall be so construed and interpreted as to effectuate its
general purpose to make uniform the law in those states
which enact it. [1965 c 145 § 11.05.910. Prior: 1943 c 113
§ 7; Rem. Supp. 1943 § 1370-7.]
Chapter 11.07
NONPROBATE ASSETS ON DISSOLUTION OR
INVALIDATION OF MARRIAGE
Sections
11.07.010
Nonprobate assets on dissolution or invalidation of marriage.
11.07.010 Nonprobate assets on dissolution or
invalidation of marriage. (1) This section applies to all
nonprobate assets, wherever situated, held at the time of
[Title 11 RCW—page 7]
11.07.010
Title 11 RCW: Probate and Trust Law
entry by a superior court of this state of a decree of dissolution of marriage or a declaration of invalidity.
(2)(a) If a marriage is dissolved or invalidated, a
provision made prior to that event that relates to the payment
or transfer at death of the decedent’s interest in a nonprobate
asset in favor of or granting an interest or power to the
decedent’s former spouse is revoked. A provision affected
by this section must be interpreted, and the nonprobate asset
affected passes, as if the former spouse failed to survive the
decedent, having died at the time of entry of the decree of
dissolution or declaration of invalidity.
(b) This subsection does not apply if and to the extent
that:
(i) The instrument governing disposition of the
nonprobate asset expressly provides otherwise;
(ii) The decree of dissolution or declaration of invalidity
requires that the decedent maintain a nonprobate asset for the
benefit of a former spouse or children of the marriage,
payable on the decedent’s death either outright or in trust,
and other nonprobate assets of the decedent fulfilling such a
requirement for the benefit of the former spouse or children
of the marriage do not exist at the decedent’s death; or
(iii) If not for this subsection, the decedent could not
have effected the revocation by unilateral action because of
the terms of the decree or declaration, or for any other
reason, immediately after the entry of the decree of dissolution or declaration of invalidity.
(3)(a) A payor or other third party in possession or
control of a nonprobate asset at the time of the decedent’s
death is not liable for making a payment or transferring an
interest in a nonprobate asset to a decedent’s former spouse
whose interest in the nonprobate asset is revoked under this
section, or for taking another action in reliance on the
validity of the instrument governing disposition of the
nonprobate asset, before the payor or other third party has
actual knowledge of the dissolution or other invalidation of
marriage. A payor or other third party is liable for a
payment or transfer made or other action taken after the
payor or other third party has actual knowledge of a revocation under this section.
(b) This section does not require a payor or other third
party to pay or transfer a nonprobate asset to a beneficiary
designated in a governing instrument affected by the dissolution or other invalidation of marriage, or to another person
claiming an interest in the nonprobate asset, if the payor or
third party has actual knowledge of the existence of a
dispute between the former spouse and the beneficiaries or
other persons concerning rights of ownership of the
nonprobate asset as a result of the application of this section
among the former spouse and the beneficiaries or among
other persons, or if the payor or third party is otherwise
uncertain as to who is entitled to the nonprobate asset under
this section. In such a case, the payor or third party may,
without liability, notify in writing all beneficiaries or other
persons claiming an interest in the nonprobate asset of either
the existence of the dispute or its uncertainty as to who is
entitled to payment or transfer of the nonprobate asset. The
payor or third party may also, without liability, refuse to pay
or transfer a nonprobate asset in such a circumstance to a
beneficiary or other person claiming an interest until the time
that either:
[Title 11 RCW—page 8]
(i) All beneficiaries and other interested persons
claiming an interest have consented in writing to the payment or transfer; or
(ii) The payment or transfer is authorized or directed by
a court of proper jurisdiction.
(c) Notwithstanding subsections (1) and (2) of this
section and (a) and (b) of this subsection, a payor or other
third party having actual knowledge of the existence of a
dispute between beneficiaries or other persons concerning
rights to a nonprobate asset as a result of the application of
this section may condition the payment or transfer of the
nonprobate asset on execution, in a form and with security
acceptable to the payor or other third party, of a bond in an
amount that is double the fair market value of the
nonprobate asset at the time of the decedent’s death or the
amount of an adverse claim, whichever is the lesser, or of a
similar instrument to provide security to the payor or other
third party, indemnifying the payor or other third party for
any liability, loss, damage, costs, and expenses for and on
account of payment or transfer of the nonprobate asset.
(d) As used in this subsection, "actual knowledge"
means, for a payor or other third party in possession or
control of the nonprobate asset at or following the decedent’s
death, written notice to the payor or other third party, or to
an officer of a payor or third party in the course of his or
her employment, received after the decedent’s death and
within a time that is sufficient to afford the payor or third
party a reasonable opportunity to act upon the knowledge.
The notice must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to
inform the payor or other third party of the revocation of the
provisions in favor of the decedent’s spouse by reason of the
dissolution or invalidation of marriage, or to inform the
payor or third party of a dispute concerning rights to a
nonprobate asset as a result of the application of this section.
Receipt of the notice for a period of more than thirty days is
presumed to be received within a time that is sufficient to
afford the payor or third party a reasonable opportunity to
act upon the knowledge, but receipt of the notice for a
period of less than five business days is presumed not to be
a sufficient time for these purposes. These presumptions
may be rebutted only by clear and convincing evidence to
the contrary.
(4)(a) A person who purchases a nonprobate asset from
a former spouse or other person, for value and without actual
knowledge, or who receives from a former spouse or other
person payment or transfer of a nonprobate asset without
actual knowledge and in partial or full satisfaction of a
legally enforceable obligation, is neither obligated under this
section to return the payment, property, or benefit nor is
liable under this section for the amount of the payment or
the value of the nonprobate asset. However, a former spouse
or other person who, with actual knowledge, not for value,
or not in satisfaction of a legally enforceable obligation,
receives payment or transfer of a nonprobate asset to which
that person is not entitled under this section is obligated to
return the payment or nonprobate asset, or is personally
liable for the amount of the payment or value of the
nonprobate asset, to the person who is entitled to it under
this section.
(b) As used in this subsection, "actual knowledge"
means, for a person described in (a) of this subsection who
(2002 Ed.)
Nonprobate Assets on Dissolution or Invalidation of Marriage
purchases or receives a nonprobate asset from a former
spouse or other person, personal knowledge or possession of
documents relating to the revocation upon dissolution or
invalidation of marriage of provisions relating to the payment or transfer at the decedent’s death of the nonprobate
asset, received within a time after the decedent’s death and
before the purchase or receipt that is sufficient to afford the
person purchasing or receiving the nonprobate asset reasonable opportunity to act upon the knowledge. Receipt of the
personal knowledge or possession of the documents for a
period of more than thirty days is presumed to be received
within a time that is sufficient to afford the payor or third
party a reasonable opportunity to act upon the knowledge,
but receipt of the notice for a period of less than five
business days is presumed not to be a sufficient time for
these purposes. These presumptions may be rebutted only
by clear and convincing evidence to the contrary.
(5) As used in this section, "nonprobate asset" means
those rights and interests of a person having beneficial
ownership of an asset that pass on the person’s death under
only the following written instruments or arrangements other
than the decedent’s will:
(a) A payable-on-death provision of a life insurance
policy, employee benefit plan, annuity or similar contract, or
individual retirement account, unless provided otherwise by
controlling federal law;
(b) A payable-on-death, trust, or joint with right of
survivorship bank account;
(c) A trust of which the person is a grantor and that
becomes effective or irrevocable only upon the person’s
death; or
(d) Transfer on death beneficiary designations of a
transfer on death or pay on death security, if such designations are authorized under Washington law.
For the general definition in this title of "nonprobate
asset," see RCW 11.02.005(15) and for the definition of
"nonprobate asset" relating to testamentary disposition of
nonprobate assets, see RCW 11.11.010(7).
(6) This section is remedial in nature and applies as of
July 25, 1993, to decrees of dissolution and declarations of
invalidity entered after July 24, 1993, and this section
applies as of January 1, 1995, to decrees of dissolution and
declarations of invalidity entered before July 25, 1993.
[2002 c 18 § 1; 1998 c 292 § 118; 1997 c 252 § 2; 1994 c
221 § 2; 1993 c 236 § 1.]
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Chapter 11.08
ESCHEATS
Sections
11.08.101
11.08.111
11.08.120
11.08.140
(2002 Ed.)
Property of deceased inmates of state institutions—
Disposition after two years.
Property of deceased inmates of state institutions—
Disposition within two years.
Property of deceased inmates of state institutions—Sale—
Disposition of proceeds.
Escheat for want of heirs.
11.07.010
11.08.150
11.08.160
11.08.170
Title to property vests in state at death of owner.
Department of revenue—Jurisdiction—Duties.
Probate of escheat property—Notice to department of revenue.
11.08.180 Department of revenue to be furnished copies of documents
and pleadings.
11.08.185 Escheat property—Records of department of revenue—
Public record information.
11.08.200 Liability for use of escheated property.
11.08.205 Lease, sublease, or rental of escheated real property—
Authorized—Expenses—Distribution of proceeds.
11.08.210 Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.
11.08.220 Certified copies of decree—Department of natural resources
duties.
11.08.230 Appearance and claim of heirs—Notices to department of
revenue.
11.08.240 Limitation on filing claim.
11.08.250 Order of court on establishment of claim—Park lands—
Appraisal.
11.08.260 Payment of escheated funds to claimant.
11.08.270 Conveyance of escheated property to claimant.
11.08.280 Limitation when claimant is minor or incompetent not under
guardianship.
11.08.290 Deposit of cash received by personal representative of escheat estate.
11.08.300 Transfer of property to department of revenue.
Action to recover property forfeited to state: RCW 7.56.120.
Banks, disposition of unclaimed personalty: RCW 30.44.150, 30.44.180
through 30.44.230.
Escheat of postal savings system accounts: Chapter 63.48 RCW.
Permanent common school fund, escheats as source of: RCW 28A.515.300.
Savings and loan associations, escheats: RCW 33.20.130, 33.40.110.
Social security benefits, payment to survivors or secretary of social and
health services: RCW 11.66.010.
State land acquired by escheat, management: RCW 79.01.612.
Unclaimed estate, disposition: RCW 11.76.220.
Uniform unclaimed property act: Chapter 63.29 RCW.
11.08.101 Property of deceased inmates of state
institutions—Disposition after two years. Where, upon the
expiration of two years after the death of any inmate of any
state institution, there remains in the custody of the superintendent of such institution, money or property belonging
to said deceased inmate, the superintendent shall forward
such money to the state treasurer for deposit in the general
fund of the state, and shall report such transfer and any
remaining property to the department of corrections, which
department shall cause the sale of such property and proceeds thereof shall be forwarded to the state treasurer for
deposit in the general fund. [1981 c 136 § 58; 1979 c 141
§ 10; 1965 c 145 § 11.08.101. Prior: 1951 c 138 § 1; prior:
1923 c 113 § 1; RRS § 1363-1.]
Effective date—1981 c 136: See RCW 72.09.900.
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
State institutions: Title 72 RCW.
11.08.111 Property of deceased inmates of state
institutions—Disposition within two years. Prior to the
expiration of the two-year period provided for in RCW
11.08.101, the superintendent may transfer such money or
property in his possession, upon request and satisfactory
proof submitted to him, to the following designated persons:
(1) To the personal representative of the estate of such
deceased inmate; or
[Title 11 RCW—page 9]
11.08.111
Title 11 RCW: Probate and Trust Law
(2) To the successor or successors defined in RCW
11.62.005, where such money and property does not exceed
the amount specified in RCW 6.13.030, and the successor or
successors shall have furnished proof of death and an
affidavit made by said successor or successors meeting the
requirements of RCW 11.62.010; or
(3) In the case of money, to the person who may have
deposited such money with the superintendent for the use of
the decedent, where the sum involved does not exceed one
thousand dollars; or
(4) To the department of social and health services,
when there are moneys due and owing from such deceased
person’s estate for the cost of his care and maintenance at a
state institution: PROVIDED, That transfer of such money
or property may be made to the person first qualifying under
this section and such transfer shall exonerate the superintendent from further responsibility relative to such money or
property: AND PROVIDED FURTHER, That upon satisfactory showing the funeral expenses of such decedent are unpaid, the superintendent may pay up to one thousand dollars
from said deceased inmate’s funds on said obligation. [1990
c 225 § 2; 1973 1st ex.s. c 76 § 1; 1965 c 145 § 11.08.111.
Prior: 1959 c 240 § 1; 1951 c 138 § 2.]
proper in the handling of such property, and it shall be the
duty of the department of revenue to protect and conserve
escheat property for the benefit of the permanent common
school fund of the state until such property or the proceeds
thereof have been forwarded to the state treasurer or the
department of natural resources as hereinafter provided.
[1988 c 128 § 1; 1988 c 64 § 23; 1975 1st ex.s. c 278 § 1;
1965 c 145 § 11.08.160. Prior: 1955 c 254 § 4.]
Reviser’s note: This section was amended by 1988 c 64 § 23 and by
1988 c 128 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Severability—1975 1st ex.s. c 278: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 278 § 215.]
Construction—1975 1st ex.s. c 278: "The legislature hereby
reaffirms its singular intent under this amendatory act to change the
designation of the state tax commission to the department of revenue or the
board of tax appeals, as the case may be, and to make explicit its intent that
no rights, duties, obligations or benefits, of whatsoever kind, are to be
construed as changed as a result of the enactment hereof." [1975 1st ex.s.
c 278 § 217.]
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
11.08.120 Property of deceased inmates of state
institutions—Sale—Disposition of proceeds. The property,
other than money, of such deceased inmate remaining in the
custody of a superintendent of a state institution after the
expiration of the above two-year period may be forwarded
to the department of corrections at its request and may be
appraised and sold at public auction to the highest bidder in
the manner and form as provided for public sales of personal
property, and all moneys realized upon such sale, after
deducting the expenses thereof, shall be paid into the general
fund of the state treasury. [1981 c 136 § 59; 1979 c 141 §
11; 1965 c 145 § 11.08.120. Prior: 1951 c 138 § 3; prior:
1923 c 113 § 2; RRS § 1363-2.]
Effective date—1981 c 136: See RCW 72.09.900.
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
11.08.140 Escheat for want of heirs. Whenever any
person dies, whether a resident of this state or not, leaving
property subject to the jurisdiction of this state and without
being survived by any person entitled to the same under the
laws of this state, such property shall be designated escheat
property and shall be subject to the provisions of RCW
11.08.140 through 11.08.280. [1965 c 145 § 11.08.140.
Prior: 1955 c 254 § 2.]
11.08.150 Title to property vests in state at death of
owner. Title to escheat property, which shall include any
intangible personalty, shall vest in the state at the death of
the owner thereof. [1965 c 145 § 11.08.150. Prior: 1955
c 254 § 3.]
11.08.160 Department of revenue—Jurisdiction—
Duties. The department of revenue of this state shall have
supervision of and jurisdiction over escheat property and
may institute and prosecute any proceedings, including any
proceeding under chapter 11.62 RCW, deemed necessary or
[Title 11 RCW—page 10]
11.08.170 Probate of escheat property—Notice to
department of revenue. Escheat property may be probated
under the provisions of the probate laws of this state.
Whenever such probate proceedings are instituted, whether
by special administration or otherwise, the petitioner shall
promptly notify the department of revenue in writing thereof
on forms furnished by the department of revenue to the
county clerks. Thereafter, the department of revenue shall
be served with written notice at least twenty days prior to
any hearing on proceedings involving the valuation or sale
of property, on any petition for the allowance of fees, and on
all interim reports, final accounts or petitions for the determination of heirship. Like notice shall be given of the
presentation of any claims to the court for allowance.
Failure to furnish such notice shall be deemed jurisdictional
and any order of the court entered without such notice shall
be void. The department of revenue may waive the provisions of this section in its discretion. The department shall
be deemed to have waived its right to administer in such
probate proceedings under RCW 11.28.120(5) unless
application for appointment of the director or the director’s
designee is made within forty days immediately following
receipt of notice of institution of proceedings. [1994 c 221
§ 3; 1990 c 225 § 1; 1975 1st ex.s. c 278 § 2; 1965 c 145 §
11.08.170. Prior: 1955 c 254 § 5.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.180 Department of revenue to be furnished
copies of documents and pleadings. The department of
revenue may demand copies of any papers, documents or
pleadings involving the escheat property or the probate
thereof deemed by it to be necessary for the enforcement of
RCW 11.08.140 through 11.08.280 and it shall be the duty
of the administrator or his attorney to furnish such copies to
(2002 Ed.)
Escheats
the department. [1975 1st ex.s. c 278 § 3; 1965 c 145 §
11.08.180. Prior: 1955 c 254 § 6.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.185 Escheat property—Records of department of revenue—Public record information. All records
of the department of revenue relating to escheated property
or property about to escheat shall be a public record and
shall be made available by the department of revenue for
public inspection. Without limitation, the records to be
made public shall include all available information regarding
possible heirs, descriptions and amounts of property
escheated or about to escheat, and any information which
might serve to identify the proper heirs. [1973 c 25 § 1.]
11.08.200 Liability for use of escheated property.
If any person shall take possession of escheat property
without proper authorization to do so, and shall have the use
thereof for a period exceeding sixty days, he shall be liable
to the state for the reasonable value of such use, payment of
which may be enforced by the department of revenue or by
the administrator of the estate. [1975 1st ex.s. c 278 § 4;
1965 c 145 § 11.08.200. Prior: 1955 c 254 § 8.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.205 Lease, sublease, or rental of escheated
real property—Authorized—Expenses—Distribution of
proceeds. (1) The department of natural resources shall
have the authority to lease real property from the administrator of an estate being probated under the escheat provisions,
RCW 11.08.140 to 11.08.280.
(2) The department of natural resources shall have the
authority to sublease or rent the real property, it has leased
under subsection (1) of this section, during the period that
the real property is under the authority of the court appointed
administrator.
(3) Any moneys gained by the department of natural
resources from leases or rentals shall be credited to an
escheat reserve account bearing the name of the estate.
(4) The department of natural resources shall have the
authority to expend moneys to preserve and maintain the real
property during the probate period.
(5) Any expenses by the department of natural resources
in preserving or maintaining the real property may be paid
as follows:
(a) First, the expenses shall be charged to the escheat
reserve account bearing the name of the estate; and
(b) Second, if the expenses exceed the escheat reserve
account, then the expenses shall be paid as follows:
(i) If the land is distributed to the state by the administrator, the expenses shall be paid out of the sale price of the
land as later sold by the department of natural resources, or
shall be paid out of the general fund if the land is held for
use by the state; or
(ii) If the land is distributed to the heirs by the administrator, the expenses shall be borne by the estate.
(6) Upon the final distribution of the real property, the
escheat reserve account shall be closed out as follows:
(2002 Ed.)
11.08.180
(a) If the real property is distributed to the state, the balance of the account shall be paid into the permanent common school fund of the state; or
(b) If the real property is distributed to the heirs, the
balance of the account shall be paid to the estate. [1969
ex.s. c 249 § 1.]
11.08.210 Allowance of claims, expenses, partial
fees—Sale of property—Decree of distribution. If at the
expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and
established their claim to the estate, the court may enter an
interim order allowing claims, expenses, and partial fees. If
at the expiration of ten months from the date of issuance of
letters testamentary or of administration no heirs have
appeared and established their claim to the estate, all
personal property not in the form of cash shall be sold under
order of the court. Personal property found by the court to
be worthless shall be ordered abandoned. Real property
shall not be sold for the satisfaction of liens thereon, or for
the payment of the debts of decedent or expenses of administration until the proceeds of the personal property are first
exhausted. The court shall then enter a decree allowing any
additional fees and charges deemed proper and distributing
the balance of the cash on hand, together with any real property, to the state. Remittance of cash on hand shall be made
to the department of revenue which shall make proper
records thereof and forthwith forward such funds to the state
treasurer for deposit in the permanent common school fund
of the state. [1979 ex.s. c 209 § 19; 1975 1st ex.s. c 278 §
5; 1965 c 145 § 11.08.210. Prior: 1955 c 254 § 9.]
Effective date—Applicability—Severability—1979 ex.s. c 209: See
notes following RCW 83.04.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.220 Certified copies of decree—Department
of natural resources duties. The department of revenue
shall be furnished two certified copies of the decree of the
court distributing any real property to the state, one of which
shall be forwarded to the department of natural resources
which shall thereupon assume supervision of and jurisdiction
over such real property and thereafter handle it the same as
state common school lands. The administrator shall also file
a certified copy of the decree with the auditor of any county
in which the escheated real property is situated. [1988 c 128
§ 2; 1975 1st ex.s. c 278 § 6; 1965 c 145 § 11.08.220.
Prior: 1957 c 125 § 1; 1955 c 254 § 10.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Management of acquired lands by department of natural resources: RCW
79.01.612.
11.08.230 Appearance and claim of heirs—Notices
to department of revenue. Upon the appearance of heirs
and the establishment of their claim to the satisfaction of the
court prior to entry of the decree of distribution to the estate,
the provisions of RCW 11.08.140 through 11.08.280 shall
not further apply, except for purposes of appeal: PROVIDED, That the department of revenue shall be promptly given
written notice of such appearance by the claimants and
furnished copies of all papers or documents on which such
[Title 11 RCW—page 11]
11.08.230
Title 11 RCW: Probate and Trust Law
claim of heirship is based. Any documents in a foreign
language shall be accompanied by translations made by a
properly qualified translator, certified by him to be true and
correct translations of the original documents. The administrator or his attorney shall also furnish the department of
revenue with any other available information bearing on the
validity of the claim. [1975 1st ex.s. c 278 § 7; 1965 c 145
§ 11.08.230. Prior: 1955 c 254 § 11.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.240 Limitation on filing claim. Any claimant
to escheated funds or real property shall have seven years
from the date of issuance of letters testamentary or of
administration within which to file his claim. Such claim
shall be filed with the court having original jurisdiction of
the estate, and a copy thereof served upon the department of
revenue, together with twenty days notice of the hearing
thereon. [1975 1st ex.s. c 278 § 8; 1965 c 145 § 11.08.240.
Prior: 1955 c 254 § 12.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.250 Order of court on establishment of
claim—Park lands—Appraisal. Upon establishment of the
claim to the satisfaction of the court, it shall order payment
to the claimant of any escheated funds and delivery of any
escheated land, or the proceeds thereof, if sold. If, however,
the escheated property shall have been transferred to the
state parks and recreation commission or local jurisdiction
for park purposes, the court shall order payment to the
claimant for the fair market value of the property at the time
of transfer, excluding the value of physical improvements to
the property while managed by a state agency or local
jurisdiction. The value shall be established by independent
appraisal obtained by the department of revenue. [1993 c 49
§ 2; 1965 c 145 § 11.08.250. Prior: 1955 c 254 § 13.]
Park land: RCW 79.01.612.
11.08.260 Payment of escheated funds to claimant.
In the event the order of the court requires the payment of
escheated funds or the proceeds of the sale of escheated real
property or the appraised value of escheated property
transferred for park purposes, a certified copy of such order
shall be served upon the department of revenue which shall
thereupon take any steps necessary to effect payment to the
claimant out of the general fund of the state. [1993 c 49 §
3; 1975 1st ex.s. c 278 § 9; 1965 c 145 § 11.08.260. Prior:
1955 c 254 § 14.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.08.270 Conveyance of escheated property to
claimant. In the event the order of the court requires the
delivery of real property to the claimant, a certified copy of
such order shall be served upon the department of natural
resources which shall thereupon make proper certification to
the office of the governor for issuance of a quitclaim deed
for the property to the claimant. [1988 c 128 § 3; 1965 c
145 § 11.08.270. Prior: 1955 c 254 § 15.]
[Title 11 RCW—page 12]
11.08.280 Limitation when claimant is minor or
incompetent not under guardianship. The claims of any
persons to escheated funds or real property which are not
filed within seven years as specified above are forever
barred, excepting as to those persons who are minors or who
are legally incompetent and not under guardianship, in which
event the claim may be filed within seven years after their
disability is removed. [1965 c 145 § 11.08.280. Prior:
1955 c 254 § 16.]
11.08.290 Deposit of cash received by personal
representative of escheat estate. All cash received by the
personal representative of an escheat estate shall be immediately deposited at interest for the benefit of the estate in a
federally insured time or savings deposit or share account,
except that the personal representative may maintain an
amount not to exceed two hundred fifty dollars in a checking
account. This arrangement may be changed by appropriate
court order. [1979 ex.s. c 209 § 18.]
Effective date—Applicability—Severability—1979 ex.s. c 209: See
notes following RCW 83.04.010.
11.08.300 Transfer of property to department of
revenue. Escheat property may be transferred to the
department of revenue under the provisions of RCW
11.62.005 through 11.62.020. The department of revenue
shall furnish proof of death and an affidavit made by the
department which meets the requirements of RCW 11.62.010
to any person who is indebted to or has possession of any
personal property belonging to the decedent or to the
decedent and his or her surviving spouse as a community,
which debt or personal property is an asset which is subject
to probate. Upon receipt of such proof of death and affidavit, the person shall pay the indebtedness or deliver the
personal property, or as much of either as is claimed, to the
department of revenue pursuant to RCW 11.62.010.
The department of revenue shall file a copy of its
affidavit made pursuant to chapter 11.62 RCW with the clerk
of the court where any probate administration of the decedent has been commenced, or, if no probate administration
has been commenced, then with the clerk of the court of any
county provided by law as a place for probate administration
of the estate of such person. The affidavit shall be indexed
under the name of the decedent in the probate index upon
payment of a fee of two dollars. Any claimant to escheated
funds shall have seven years from the filing of the affidavit
by the department of revenue within which to file the claim.
The claim shall be filed with the clerk of the court where the
affidavit of the department of revenue was filed, and a copy
served upon the department of revenue, together with twenty
days notice of a hearing to be held thereon, and the provisions of RCW 11.08.250 through 11.08.280 shall apply.
[1990 c 225 § 3.]
Chapter 11.10
ABATEMENT OF ASSETS
Sections
11.10.010
11.10.020
11.10.030
Abatement—Generally.
Gift from mixed separate and community property.
Allocation of separate and community assets.
(2002 Ed.)
Abatement of Assets
11.10.040
11.10.900
Nonprobate assets.
Application of chapter.
11.10.010 Abatement—Generally. (1) Except as
provided in subsection (2) of this section, property of a
decedent abates, without preference as between real and
personal property, in the following order:
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts;
(d) Specific gifts.
For purposes of abatement a demonstrative gift, defined
as a general gift charged on any specific property or fund, is
deemed a specific gift to the extent of the value of the
property or fund on which it is charged, and a general gift
to the extent of a failure or insufficiency of that property or
fund. Abatement within each classification is in proportion
to the amounts of property each of the beneficiaries would
have received if full distribution of the property had been
made in accordance with the terms of the will.
(2) If the will expresses an order of abatement, or if the
testamentary plan or the express or implied purpose of the
devise would be defeated by the order of abatement stated in
subsection (1) of this section, a gift abates as may be found
necessary to give effect to the intention of the testator.
(3) If the subject of a preferred gift is sold, diminished,
or exhausted incident to administration, not including
satisfaction of debts or liabilities according to their community or separate status under RCW 11.10.030, abatement
must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
(4) To the extent that the whole of the community
property is subject to abatement, the shares of the decedent
and of the surviving spouse in the community property abate
equally.
(5) If required under RCW 11.10.040, nonprobate assets
must abate with those disposed of under the will and passing
by intestacy. [1994 c 221 § 5.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.10.020 Gift from mixed separate and community
property. To the extent that a gift is to be satisfied out of
a source that consists of both separate and community
property, unless otherwise indicated in the will it is presumed to be a gift from separate and community property in
proportion to their relative value in the property or fund
from which the gift is to be satisfied. [1994 c 221 § 6.]
Chapter 11.10
(4) An expense of administration is charged against the
separate property and the decedent’s half of the community
property in proportion to the relative value of the property,
unless a different charging of expenses is shown to be
appropriate under the circumstances including against the
surviving spouse’s share of the community property.
(5) Property of a similar type, community or separate,
is appropriated in accordance with the abatement priorities
of RCW 11.10.010.
(6) Property that is primarily chargeable for a debt or
liability is exhausted, in accordance with the abatement
priorities of RCW 11.10.010, before resort is had, also in
accordance with RCW 11.10.010, to property that is secondarily chargeable. [1994 c 221 § 7.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.10.040 Nonprobate assets. (1) If abatement is
necessary among takers of a nonprobate asset, the court shall
adopt the abatement order and limitations set out in RCW
11.10.010, 11.10.020, and 11.10.030, assigning categories in
accordance with subsection (2) of this section.
(2) A nonprobate transfer must be categorized for
purposes of abatement, within the list of priorities set out in
RCW 11.10.010(1), as follows:
(a) All nonprobate forms of transfer under which an
identifiable nonprobate asset passes to a beneficiary or
beneficiaries on the event of the decedent’s death, such as,
but not limited to, joint tenancies and payable-on-death accounts, are categorized as specific bequests.
(b) With respect to all other interests passing under
nonprobate forms of transfer, each must be categorized in
the manner that is most closely comparable to the nature of
the transfer of that interest.
(3) If and to the extent that a nonprobate asset is subject
to the same obligations as are assets disposed of under the
decedent’s will, the nonprobate assets abate ratably with the
probate assets, within the categories set out in subsection (2)
of this section.
(4) If the nonprobate instrument of transfer or the
decedent’s will expresses a different order of abatement, or
if the decedent’s overall dispositive plan or the express or
implied purpose of the transfer would be defeated by the
order of abatement stated in subsections (1) through (3) of
this section, the nonprobate assets abate as may be found
necessary to give effect to the intention of the decedent.
[1994 c 221 § 8.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.10.030 Allocation of separate and community
assets. (1) A community debt or liability is charged against
the entire community property, with the surviving spouse’s
half and the decedent spouse’s half charged equally.
(2) A separate debt or liability is charged first against
separate property, and if that is insufficient against the
balance of decedent’s half of community property remaining
after community debts and liabilities are satisfied.
(3) A community debt or liability that is also the
separate debt or liability of the decedent is charged first
against the whole of the community property and then
against the decedent’s separate property.
(2002 Ed.)
11.10.900 Application of chapter. This chapter
applies in all instances in which no other abatement scheme
is expressly provided. [1994 c 221 § 4.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Chapter 11.11
TESTAMENTARY DISPOSITION OF
NONPROBATE ASSETS ACT
Sections
11.11.003
11.11.005
Purposes.
Construction.
[Title 11 RCW—page 13]
Chapter 11.11
11.11.007
11.11.010
11.11.020
11.11.030
11.11.040
11.11.050
11.11.060
11.11.070
11.11.080
11.11.090
11.11.100
11.11.110
11.11.900
11.11.901
11.11.902
11.11.903
Title 11 RCW: Probate and Trust Law
Intent—Controversies between beneficiaries and testamentary beneficiaries.
Definitions.
Disposition of nonprobate assets under will.
Waiver of right to dispose of a nonprobate asset under
will—Revocation of waiver.
Right to rely on form of nonprobate asset—Discharge of
financial institution or other third party.
Notice—Affidavit—Form—Limitation on liability for failure
to provide notice.
Vesting of rights and powers under chapter.
Ownership rights as between individuals preserved—
Testamentary beneficiary may recover nonprobate asset
from beneficiary—Limitation on action to recover.
Nonprobate assets not property of estate—Effect of notice
on administration—Effect of preceding death of devisee
or legatee.
Transfer of nonprobate asset to testamentary beneficiary.
Authority to withhold transfer—Notice—Expenses of obtaining consent, authorization, direction.
Adverse claim bond.
Short title.
Application of chapter.
Part headings and section captions not law—1998 c 292.
Effective dates—1998 c 292.
11.11.003 Purposes. The purposes of this chapter are
to:
(1) Enhance and facilitate the power of testators to
control the disposition of assets that pass outside their wills;
(2) Provide simple procedures for resolution of disputes
regarding entitlement to such assets; and
(3) Protect any financial institution or other third party
having possession of or control over such an asset and
transferring it to a beneficiary duly designated by the
testator, unless that third party has been provided notice of
a testamentary disposition as required in this chapter. [1998
c 292 § 102.]
11.11.005 Construction. (1) When construing
sections and provisions of this chapter, the sections and
provisions must:
(a) Be liberally construed and applied to promote the
purposes of this chapter;
(b) Be considered part of a general act that is intended
as unified coverage of the subject matter, and no part of this
chapter may be deemed impliedly repealed by subsequent
legislation if the construction can be reasonably avoided;
(c) Not be held invalid because of the invalidity of other
sections or provisions of this chapter as long as the section
or provision in question can be given effect without regard
to the invalid section or provision, and to this end the
sections or provisions of this chapter are severable;
(d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not
constitute any part of the law;
(e) Not be deemed to alter the community or separate
property nature of any asset passing outside a testator’s will
or any individual’s community or separate rights to the asset,
and a testator’s community or separate property rights to the
asset are not affected by whether it passes outside the will
or, under this chapter, by disposition under the will; and
(f) Not be construed as authorizing or extending the
authority of any financial institution or other third party to
sell or otherwise create assets that would pass outside a
[Title 11 RCW—page 14]
testator’s will upon such terms as would contravene any
other applicable federal or state law.
(2) The sections and provisions of this chapter apply to
an owner who dies while a resident of this state on or after
July 1, 1999, and to a nonprobate asset the disposition of
which on the death of the owner would otherwise be
governed by the law of this state. [1998 c 292 § 103.]
11.11.007 Intent—Controversies between beneficiaries and testamentary beneficiaries. This chapter is
intended to establish ownership rights to nonprobate assets
upon the death of the owner, as between beneficiaries and
testamentary beneficiaries. This chapter is relevant only as
to controversies between these persons, and has no bearing
on the right of a person to transfer a nonprobate asset under
its terms in the absence of a testamentary provision under
this chapter. [1998 c 292 § 107.]
11.11.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1)(a) "Actual knowledge" means:
(i) For a financial institution, whether acting as personal
representative or otherwise, or other third party in possession
or control of a nonprobate asset, receipt of written notice
that: (A) Complies with RCW 11.11.050; (B) pertains to the
testamentary disposition or ownership of a nonprobate asset
in its possession or control; and (C) is received by the
financial institution or third party after the death of the
owner in a time sufficient to afford the financial institution
or third party a reasonable opportunity to act upon the
knowledge; and
(ii) For a personal representative that is not a financial
institution, personal knowledge or possession of documents
relating to the testamentary disposition or ownership of a
nonprobate asset of the owner sufficient to afford the
personal representative reasonable opportunity to act upon
the knowledge, including reasonable opportunity for the
personal representative to provide the written notice under
RCW 11.11.050.
(b) For the purposes of (a) of this subsection, notice of
more than thirty days is presumed to be notice that is
sufficient to afford the party a reasonable opportunity to act
upon the knowledge, but notice of less than five business
days is presumed not to be a sufficient notice for these
purposes. These presumptions may be rebutted only by clear
and convincing evidence to the contrary.
(2) "Beneficiary" means the person designated to receive
a nonprobate asset upon the death of the owner by means
other than the owner’s will.
(3) "Broker" means a person defined as a broker or
dealer under the federal securities laws.
(4) "Date of will" means, as to any nonprobate asset, the
date of signature of the will or codicil that refers to the asset
and disposes of it.
(5) "Designate" means a written means by which the
owner selects a beneficiary, including but not limited to
instruments under contractual arrangements and registration
of accounts, and "designation" means the selection.
(2002 Ed.)
Testamentary Disposition of Nonprobate Assets Act
(6) "Financial institution" means: A bank, trust company, mutual savings bank, savings and loan association, credit
union, broker, or issuer of stock or its transfer agent.
(7)(a) "Nonprobate asset" means a nonprobate asset
within the meaning of RCW 11.02.005, but excluding the
following:
(i) A right or interest in real property passing under a
joint tenancy with right of survivorship;
(ii) A deed or conveyance for which possession has
been postponed until the death of the owner;
(iii) A right or interest passing under a community
property agreement; and
(iv) An individual retirement account or bond.
(b) For the definition of "nonprobate asset" relating to
revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see
RCW 11.07.010(5).
(8) "Owner" means a person who, during life, has
beneficial ownership of the nonprobate asset.
(9) "Request" means a request by the beneficiary for
transfer of a nonprobate asset after the death of the owner,
if it complies with all conditions of the arrangement,
including reasonable special requirements concerning
necessary signatures and regulations of the financial institution or other third party, or by the personal representative of
the owner’s estate or the testamentary beneficiary, if it
complies with the owner’s will and any additional conditions
of the financial institution or third party for such transfer.
(10) "Testamentary beneficiary" means a person named
under the owner’s will to receive a nonprobate asset under
this chapter, including but not limited to the trustee of a
testamentary trust.
(11) "Third party" means a person, including a financial
institution, having possession of or control over a nonprobate
asset at the death of the owner, including the trustee of a
revocable living trust and surviving joint tenant or tenants.
[1998 c 292 § 104.]
11.11.020 Disposition of nonprobate assets under
will. (1) Subject to community property rights, upon the
death of an owner the owner’s interest in any nonprobate
asset specifically referred to in the owner’s will belongs to
the testamentary beneficiary named to receive the nonprobate
asset, notwithstanding the rights of any beneficiary designated before the date of the will.
(2) A general residuary gift in an owner’s will, or a will
making general disposition of all of the owner’s property,
does not entitle the devisees or legatees to receive
nonprobate assets of the owner.
(3) A disposition in a will of the owner’s interest in "all
nonprobate assets" or of all of a category of nonprobate asset
under RCW 11.11.010(7), such as "all of my payable on
death bank accounts" or similar language, is deemed to be a
disposition of all the nonprobate assets the beneficiaries of
which are designated before the date of the will.
(4) If the owner designates a beneficiary for a
nonprobate asset after the date of the will, the will does not
govern the disposition of that nonprobate asset. If the owner
revokes the later beneficiary designation, the prior will does
not govern the disposition of the nonprobate asset. A
beneficiary designation with respect to an asset that renews
(2002 Ed.)
11.11.010
without the signature of the owner is deemed to have been
made on the date on which the account was first opened.
[1998 c 292 § 105.]
11.11.030 Waiver of right to dispose of a
nonprobate asset under will—Revocation of waiver. An
owner may waive the right to dispose of a specific
nonprobate asset by will under this chapter, with or without
consideration, by a written instrument signed by the owner
and delivered to the financial institution or other third party,
including but not limited to signature cards or deposit
agreements. The waiver is revocable by written instrument
delivered to the financial institution or other third party
unless the owner has stated that the waiver is to be irrevocable. [1998 c 292 § 106.]
11.11.040 Right to rely on form of nonprobate
asset—Discharge of financial institution or other third
party. In transferring nonprobate assets, a financial institution or other third party may rely conclusively and entirely
upon the form of the nonprobate asset and the terms of the
nonprobate asset arrangement in effect on the date of death
of the owner, unless the financial institution or other third
party has actual knowledge of the existence of a claim by a
testamentary beneficiary. A financial institution or other
third party is not required to inquire as to either the source
or ownership of any nonprobate asset in its possession or
under its control, or as to the proposed application of an
asset so transferred. A transfer of a nonprobate asset in
accordance with this section constitutes a complete release
and discharge of the financial institution or other third party
from all claims relating to the nonprobate asset, regardless
of whether or not the transfer is consistent with the actual
ownership of the nonprobate asset. [1998 c 292 § 108.]
11.11.050 Notice—Affidavit—Form—Limitation on
liability for failure to provide notice. (1) Written notice
under this chapter must be served personally or by certified
mail, return receipt requested and postage prepaid, on the
financial institution or other third party having the
nonprobate asset in its possession or control, on the beneficiary, on the testamentary beneficiary, and on the personal
representative, and proof of the mailing or service must be
made by affidavit and filed under the cause number assigned
to the owner’s estate. Notice to a financial institution must
include notice delivered as follows:
(a) If the nonprobate asset was maintained at a specific
office of the financial institution, notice must be delivered to
the office at which the nonprobate asset was maintained,
which notice must be directed to the manager of the office;
(b) If the nonprobate asset was held in a trust administered by a financial institution, notice must be delivered to
the office at which the trust was administered, which notice
must be directed to a named officer responsible for the
administration of the trust; and
(c) In all cases, notice must be delivered to any other
location and in any other manner specifically designated in
a written agreement signed by the owner and the financial
institution, including but not limited to a signature card or
deposit agreement.
[Title 11 RCW—page 15]
11.11.050
Title 11 RCW: Probate and Trust Law
(2) Written notice to a financial institution or other third
party of the testamentary disposition of a nonprobate asset
under this chapter must be in a form substantially similar to
the following:
NOTICE OF TESTAMENTARY
DISPOSITION OF NONPROBATE ASSET
The undersigned personal representative,
petitioner for appointment as personal representative, attorney for the personal representative or
petitioner, or testamentary beneficiary under the
will of the decedent named above (as that term is
defined in RCW 11.11.010) hereby notifies you
that the decedent named above died on (DATE
MUST BE SUPPLIED) and left a will dated
(DATE OF WILL MUST BE SUPPLIED) disposing of the following nonprobate asset or assets
in your possession or control:
(EACH SUCH ASSET MUST BE DESCRIBED
WITH REASONABLE SPECIFICITY. FOR
ACCOUNTS AT FINANCIAL INSTITUTIONS,
THE WRITTEN NOTICE MUST SPECIFY THE
OFFICE AT WHICH THE ACCOUNT WAS
MAINTAINED, THE NAME OR NAMES IN
WHICH THE ACCOUNT WAS HELD, AND
THE FULL ACCOUNT NUMBER. FOR ASSETS
HELD IN TRUST, THE WRITTEN NOTICE
MUST SPECIFY THE NAME OR NAMES OF
THE GRANTOR, THE NAME OF THE TRUST,
IF ANY, AND THE DATE OF THE TRUST
INSTRUMENT.)
Under chapter 11.11 RCW, you may not transfer,
deliver, or otherwise dispose of the asset or assets
listed above in accordance with the beneficiary
designation, account registration, or other arrangement made with you by the decedent. You may
transfer, deliver, or otherwise dispose of the asset
or assets listed above only upon receipt of the
written direction of the personal representative or
of the testamentary beneficiary, if the personal
representative consents.
...................
...................
(CAPACITY OF SIGNER)
(3) The personal representative of the estate of the
owner, a petitioner for appointment as personal representative, or the testamentary beneficiary may provide written
notice under this section. The personal representative has no
duty to provide written notice under this section and has no
liability for failing or refusing to give the notice.
(4) Written notice under this section may be provided at
any time after the death of the owner and before discharge
of the personal representative on closing of the estate, and
may be provided before admission to probate of the will.
[1998 c 292 § 109.]
11.11.060 Vesting of rights and powers under
chapter. The right to provide notice under RCW 11.11.050
and the entitlement of the testamentary beneficiary to the
[Title 11 RCW—page 16]
nonprobate asset vest immediately upon death of the owner.
The power of the personal representative to direct the
financial institution or other third party having the
nonprobate asset in its possession or under its control to
transfer or otherwise dispose of the asset arises upon the
later of appointment of the personal representative or
admission of the will to probate. [1998 c 292 § 110.]
11.11.070 Ownership rights as between individuals
preserved—Testamentary beneficiary may recover
nonprobate asset from beneficiary—Limitation on action
to recover. (1) The protection accorded to financial
institutions and other third parties under RCW 11.11.040 has
no bearing on the actual rights of ownership to nonprobate
assets as between beneficiaries and testamentary beneficiaries, and their heirs, successors, personal representatives, and
assigns.
(2) A testamentary beneficiary entitled to a nonprobate
asset otherwise transferred to a beneficiary not so entitled,
and a personal representative of the owner’s estate on behalf
of the testamentary beneficiary, may petition the superior
court having jurisdiction over the owner’s estate for an order
declaring that the testamentary beneficiary is so entitled, the
hearing of the petition to be held in accordance with *chapter 11.96 RCW.
(3) A testamentary beneficiary claiming a nonprobate
asset who has not filed such a petition within the earlier of:
(a) Six months from the date of admission of the will to
probate; and (b) one year from the date of the owner’s death,
shall be forever barred from making such a claim or commencing such an action. [1998 c 292 § 111.]
*Reviser’s note: Chapter 11.96 RCW was repealed by 1999 c 42 §
637, effective January 1, 2000.
11.11.080 Nonprobate assets not property of
estate—Effect of notice on administration—Effect of
preceding death of devisee or legatee. (1) Notwithstanding
any provision of this chapter, a nonprobate asset disposed of
under the owner’s will may not be treated as a part of the
owner’s probate estate for any other purpose under this title,
unless:
(a) The nonprobate asset is subject to liabilities and
claims, estate taxes, and expenses of administration under
RCW 11.18.200; or
(b) Any section of this title directs otherwise, by
specifically referring to this section.
(2) Provision of notice under this chapter has no effect
on the administration of other assets of the estate of the
owner. The personal representative has no duty to administer upon a nonprobate asset because of providing the notice,
unless specifically required by this chapter or under RCW
11.18.200.
(3) RCW 11.12.110, regarding death of a devisee or
legatee before the testator, does not apply to disposition of
a nonprobate asset under a will. [1998 c 292 § 112.]
11.11.090 Transfer of nonprobate asset to testamentary beneficiary. (1) A financial institution’s or third
party’s obligation to transfer a nonprobate asset to a testamentary beneficiary arises only after it has actual knowledge
of the claim of the testamentary beneficiary, and after
(2002 Ed.)
Testamentary Disposition of Nonprobate Assets Act
receiving written direction from the personal representative
of the owner’s estate, or if the personal representative
consents in writing, from the testamentary beneficiary, to
make the transfer. The financial institution may also require
that its customary procedures be followed in effectuating a
transfer of the nonprobate asset.
(2) Subject to subsection (1) of this section, financial
institutions and other third parties may transfer a nonprobate
asset that has not already been distributed to the testamentary
beneficiary entitled to the nonprobate asset under the
owner’s will, subject to liabilities and claims, estate taxes,
and expenses of administration under RCW 11.18.200.
[1998 c 292 § 113.]
11.11.100 Authority to withhold transfer—Notice—
Expenses of obtaining consent, authorization, direction.
(1) This chapter does not require any financial institution or
other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an
interest in the nonprobate asset if the financial institution or
third party has actual knowledge of the existence of a
dispute between beneficiaries, testamentary beneficiaries, or
other persons concerning rights or ownership to the
nonprobate asset under this chapter, or if the financial
institution or third party is otherwise uncertain as to who is
entitled to receive the nonprobate asset under this chapter.
In any such case, the financial institution or third party may,
without liability, notify in writing all beneficiaries, testamentary beneficiaries, or other persons claiming an interest in the
nonprobate asset of either its uncertainty as to who is entitled to transfer of the nonprobate asset or the existence of
any dispute, and it may also, without liability, refuse to
transfer a nonprobate asset to a beneficiary or a testamentary
beneficiary until such time as either:
(a) All the beneficiaries, testamentary beneficiaries, and
other interested persons have consented in writing to the
transfer; or
(b) The transfer is authorized or directed by a court of
proper jurisdiction.
(2) The expense of obtaining the written consent or
court authorization or direction may, by order of the court,
be paid by the personal representative as an expense of
administration. [1998 c 292 § 114.]
11.11.110 Adverse claim bond. Notwithstanding
RCW 11.11.100, a financial institution or other third party
having actual knowledge of the existence of a dispute
between beneficiaries, a testamentary beneficiary, or other
persons concerning rights to a nonprobate asset under this
chapter may condition transfer of the nonprobate asset on
execution, in form and with security acceptable to the
financial institution or other third party, of a bond in an
amount that is double the fair market value of the
nonprobate asset on the date of the owner’s death or the
amount of any adverse claim, whichever is the lesser,
indemnifying the financial institution or other third party
from any and all liability, loss, damage, costs, and expenses,
for and on account of transfer of the nonprobate asset.
[1998 c 292 § 115.]
(2002 Ed.)
11.11.090
11.11.900 Short title. This chapter may be known
and cited as the testamentary disposition of nonprobate assets
act. [1998 c 292 § 101.]
11.11.901 Application of chapter. This chapter
applies to any will of an owner who dies while a resident of
this state on or after July 1, 1999, regardless of whether the
will was executed or republished before or after July 1,
1999, and regardless of whether the beneficiary of the
nonprobate asset was designated before or after July 1, 1999.
[1998 c 292 § 116.]
11.11.902 Part headings and section captions not
law—1998 c 292. Part headings and section captions used
in this act are not any part of the law. [1998 c 292 § 601.]
11.11.903 Effective dates—1998 c 292. (1) Sections
101 through 116 and 118 of this act take effect July 1, 1999.
(2) Sections 117, 201 through 205, 301, 401, 501
through 507, and 604 of this act are necessary for the
immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and take effect immediately [April 2, 1998].
[1998 c 292 § 603.]
Chapter 11.12
WILLS
Sections
11.12.010
11.12.020
11.12.025
11.12.030
11.12.040
11.12.051
11.12.060
11.12.070
11.12.080
11.12.091
11.12.095
11.12.110
11.12.120
11.12.160
11.12.170
11.12.180
11.12.185
11.12.190
11.12.220
11.12.230
11.12.250
11.12.255
11.12.260
Who may make a will.
Requisites of wills—Foreign wills.
Nuncupative wills.
Signature of testator at his direction—Signature by mark.
Revocation of will—How effected—Effect on codicils.
Dissolution or invalidation of marriage.
Agreement to convey does not revoke.
Devise or bequeathal of property subject to encumbrance.
Revocation of later will or codicil—Effect—Evidence.
Omitted child.
Omitted spouse.
Death of grandparent’s issue before grantor.
Lapsed gift—Procedure and proof.
Interested witness—Effect on will.
Devise of land, what passes.
Rule in Shelley’s Case abolished—Future distribution or
interest to heirs.
Doctrine of Worthier Title abolished—Exception.
Will to operate on after-acquired property.
No interest on devise unless will so provides.
Intent of testator controlling.
Gift to trust.
Incorporation by reference.
Separate writing may direct disposition of tangible personal
property—Requirements.
11.12.010 Who may make a will. Any person of
sound mind who has attained the age of eighteen years may,
by last will, devise all his or her estate, both real and
personal.
All wills executed subsequent to September 16, 1940,
and which meet the requirements of this section are hereby
validated and shall have all the force and effect of wills
executed subsequent to the taking effect of this section.
[1970 ex.s. c 17 § 3; 1965 c 145 § 11.12.010. Prior: 1943
[Title 11 RCW—page 17]
11.12.010
Title 11 RCW: Probate and Trust Law
c 193 § 1; 1917 c 156 § 24; Rem. Supp. 1943 § 1394; prior:
Code 1881 § 1318; 1863 p 207 § 51; 1860 p 169 § 18.]
11.12.020 Requisites of wills—Foreign wills. (1)
Every will shall be in writing signed by the testator or by
some other person under the testator’s direction in the
testator’s presence, and shall be attested by two or more
competent witnesses, by subscribing their names to the will,
or by signing an affidavit that complies with RCW
11.20.020(2), while in the presence of the testator and at the
testator’s direction or request: PROVIDED, That a last will
and testament, executed in the mode prescribed by the law
of the place where executed or of the testator’s domicile,
either at the time of the will’s execution or at the time of the
testator’s death, shall be deemed to be legally executed, and
shall be of the same force and effect as if executed in the
mode prescribed by the laws of this state.
(2) This section shall be applied to all wills, whenever
executed, including those subject to pending probate proceedings. [1990 c 79 § 1; 1965 c 145 § 11.12.020. Prior:
1929 c 21 § 1; 1917 c 156 § 25; RRS § 1395; prior: Code
1881 § 1319; 1863 p 207 §§ 53, 54; 1860 p 170 §§ 20, 21.
FORMER PART OF SECTION; re nuncupative wills, now
codified as RCW 11.12.025.]
11.12.025 Nuncupative wills. Nothing contained in
this chapter shall prevent any member of the armed forces
of the United States or person employed on a vessel of the
United States merchant marine from disposing of his wages
or personal property, or prevent any person competent to
make a will from disposing of his or her personal property
of the value of not to exceed one thousand dollars, by
nuncupative will if the same be proved by two witnesses
who were present at the making thereof, and it be proven
that the testator, at the time of pronouncing the same, did bid
some person present to bear witness that such was his will,
or to that effect, and that such nuncupative will was made at
the time of the last sickness of the testator, but no proof of
any nuncupative will shall be received unless it be offered
within six months after the speaking of the testamentary
words, nor unless the words or the substance thereof be first
committed to writing, and in all cases a citation be issued to
the widow and/or heirs at law of the deceased that they may
contest the will, and no real estate shall be devised by a
nuncupative will. [1965 c 145 § 11.12.025. Formerly RCW
11.12.020, part.]
11.12.030 Signature of testator at his direction—
Signature by mark. Every person who shall sign the
testator’s or testatrix’s name to any will by his or her
direction shall subscribe his own name to such will and state
that he subscribed the testator’s name at his request:
PROVIDED, That such signing and statement shall not be
required if the testator shall evidence the approval of the
signature so made at his request by making his mark on the
will. [1965 c 145 § 11.12.030. Prior: 1927 c 91 § 1; 1917
c 156 § 27; RRS § 1397; prior: Code 1881 § 1320; 1863 p
207 § 54; 1860 p 170 § 21.]
11.12.040 Revocation of will—How effected—Effect
on codicils. (1) A will, or any part thereof, can be revoked:
[Title 11 RCW—page 18]
(a) By a subsequent will that revokes, or partially
revokes, the prior will expressly or by inconsistency; or
(b) By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking the
same, by the testator or by another person in the presence
and by the direction of the testator. If such act is done by
any person other than the testator, the direction of the
testator and the facts of such injury or destruction must be
proved by two witnesses.
(2) Revocation of a will in its entirety revokes its
codicils, unless revocation of a codicil would be contrary to
the testator’s intent. [1994 c 221 § 12; 1965 c 145 §
11.12.040. Prior: 1917 c 156 § 28; RRS § 1398; prior:
Code 1881 § 1321; 1863 p 207 § 55; 1860 p 170 § 22.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.051 Dissolution or invalidation of marriage.
(1) If, after making a will, the testator’s marriage is dissolved or invalidated, all provisions in the will in favor of or
granting any interest or power to the testator’s former spouse
are revoked, unless the will expressly provides otherwise.
Provisions affected by this section must be interpreted, and
property affected passes, as if the former spouse failed to
survive the testator, having died at the time of entry of the
decree of dissolution or declaration of invalidity. Provisions
revoked by this section are revived by the testator’s remarriage to the former spouse. Revocation of certain
nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to
decrees of dissolution and declarations of invalidity entered
before, on, or after January 1, 1995. [1994 c 221 § 11.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.060 Agreement to convey does not revoke. A
bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or
bequeathed in any last will previously made, shall not be
deemed a revocation of such previous devise or bequest, but
such property shall pass by the devise or bequest, subject to
the same remedies on such bond, covenant, or agreement, for
specific performance or otherwise, against devisees or
legatees, as might be had by law against the heirs of the
testator or his next of kin, if the same had descended to him.
[1965 c 145 § 11.12.060. Prior: 1917 c 156 § 30; RRS §
1400; prior: Code 1881 § 1323; 1863 p 208 § 58; 1860 p
170 § 25.]
11.12.070 Devise or bequeathal of property subject
to encumbrance. When any real or personal property
subject to a mortgage is specifically devised, the devisee
shall take such property so devised subject to such mortgage
unless the will provides that such mortgage be otherwise
paid. The term "mortgage" as used in this section shall not
include a pledge of personal property.
A charge or encumbrance upon any real or personal
estate for the purpose of securing the payment of money, or
the performance of any covenant or agreement, shall not be
deemed a revocation of any will relating to the same estate,
previously executed. The devises and legacies therein
contained shall pass and take effect, subject to such charge
or encumbrance. [1965 c 145 § 11.12.070. Prior: 1955 c
(2002 Ed.)
Wills
205 § 2; 1917 c 156 § 31; RRS § 1401; prior: Code 1881
§ 1324; 1860 p 170 § 26.]
11.12.080 Revocation of later will or codicil—
Effect—Evidence. (1) If, after making any will, the testator
shall execute a later will that wholly revokes the former will,
the destruction, cancellation, or revocation of the later will
shall not revive the former will, unless it was the testator’s
intention to revive it.
(2) Revocation of a codicil shall revive a prior will or
part of a prior will that the codicil would have revoked had
it remained in effect at the death of the testator, unless it
was the testator’s intention not to revive the prior will or
part.
(3) Evidence that revival was or was not intended
includes, in addition to a writing by which the later will or
codicil is revoked, the circumstances of the revocation or
contemporary or subsequent declarations of the testator.
[1994 c 221 § 13; 1965 c 145 § 11.12.080. Prior: 1917 c
156 § 35; RRS § 1405; prior: Code 1881 § 1328; 1863 p
208 § 63; 1860 p 171 § 30.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.091 Omitted child. (1) If a will fails to name
or provide for a child of the decedent who is born or
adopted by the decedent after the will’s execution and who
survives the decedent, referred to in this section as an
"omitted child," the child must receive a portion of the
decedent’s estate as provided in subsection (3) of this
section, unless it appears either from the will or from other
clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been
named or provided for, the following rules apply:
(a) A child identified in a will by name is considered
named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the
children, descendants, or issue of the decedent who are born
after the execution of the will, or words of similar import,
constitutes a naming of a person who falls within the class.
A reference to another class, such as a decedent’s heirs or
family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a
provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in
value to that which the child would have received under
RCW 11.04.015 if the decedent had died intestate, unless the
court determines on the basis of clear and convincing
evidence that a smaller share, including no share at all, is
more in keeping with the decedent’s intent. In making the
determination, the court may consider, among other things,
the various elements of the decedent’s dispositive scheme,
provisions for the omitted child outside the decedent’s will,
provisions for the decedent’s other children under the will
and otherwise, and provisions for the omitted child’s other
parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10
RCW. [1994 c 221 § 9.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
(2002 Ed.)
11.12.070
11.12.095 Omitted spouse. (1) If a will fails to name
or provide for a spouse of the decedent whom the decedent
marries after the will’s execution and who survives the
decedent, referred to in this section as an "omitted spouse,"
the spouse must receive a portion of the decedent’s estate as
provided in subsection (3) of this section, unless it appears
either from the will or from other clear and convincing
evidence that the failure was intentional.
(2) In determining whether an omitted spouse has been
named or provided for, the following rules apply:
(a) A spouse identified in a will by name is considered
named whether identified as a spouse or in any other
manner.
(b) A reference in a will to the decedent’s future spouse
or spouses, or words of similar import, constitutes a naming
of a spouse whom the decedent later marries. A reference
to another class such as the decedent’s heirs or family does
not constitute a naming of a spouse who falls within the
class.
(c) A nominal interest in an estate does not constitute a
provision for a spouse receiving the interest.
(3) The omitted spouse must receive an amount equal in
value to that which the spouse would have received under
RCW 11.04.015 if the decedent had died intestate, unless the
court determines on the basis of clear and convincing
evidence that a smaller share, including no share at all, is
more in keeping with the decedent’s intent. In making the
determination the court may consider, among other things,
the spouse’s property interests under applicable community
property or quasi-community property laws, the various
elements of the decedent’s dispositive scheme, and a
marriage settlement or other provision and provisions for the
omitted spouse outside the decedent’s will.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10
RCW. [1994 c 221 § 10.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.110 Death of grandparent’s issue before
grantor. Unless otherwise provided, when any property
shall be given under a will, or under a trust of which the
decedent is a grantor and which by its terms becomes
irrevocable upon the grantor’s death, to any issue of a
grandparent of the decedent and that issue dies before the
decedent leaving descendants who survive the decedent,
those descendants shall take that property as the predeceased
issue would have done if the predeceased issue had survived
the decedent. If those descendants are all in the same degree
of kinship to the predeceased issue they shall take equally or,
if of unequal degree, then those of more remote degree shall
take by representation with respect to the predeceased issue.
[1994 c 221 § 14; 1965 c 145 § 11.12.110. Prior: 1947 c
44 § 1; 1917 c 156 § 34; Rem. Supp. 1947 § 1404; prior:
Code 1881 § 1327; 1863 p 208 § 62; 1860 p 171 § 29.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
When beneficiary with disclaimed interest deemed to have died: RCW
11.86.041.
11.12.120 Lapsed gift—Procedure and proof. (1) If
a will makes a gift to a person on the condition that the
person survive the testator and the person does not survive
[Title 11 RCW—page 19]
11.12.120
Title 11 RCW: Probate and Trust Law
the testator, then, unless otherwise provided, the gift lapses
and falls into the residue of the estate to be distributed under
the residuary clause of the will, if any, but otherwise according to the laws of descent and distribution.
(2) If the will gives the residue to two or more persons,
the share of a person who does not survive the testator
passes, unless otherwise provided, and subject to RCW
11.12.110, to the other person or persons receiving the
residue, in proportion to the interest of each in the remaining
part of the residue.
(3) The personal representative of the testator, a person
who would be affected by the lapse or distribution of a gift
under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so
affected may petition the court for a determination under this
section, and the petition must be heard under the procedures
of chapter 11.96A RCW. [1999 c 42 § 604; 1994 c 221 §
15; 1974 ex.s. c 117 § 51; 1965 c 145 § 11.12.120. Prior:
1937 c 151 § 1; RRS § 1404-1.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.12.160 Interested witness—Effect on will. (1) An
interested witness to a will is one who would receive a gift
under the will.
(2) A will or any of its provisions is not invalid because
it is signed by an interested witness. Unless there are at
least two other subscribing witnesses to the will who are not
interested witnesses, the fact that the will makes a gift to a
subscribing witness creates a rebuttable presumption that the
witness procured the gift by duress, menace, fraud, or undue
influence.
(3) If the presumption established under subsection (2)
of this section applies and the interested witness fails to
rebut it, the interested witness shall take so much of the gift
as does not exceed the share of the estate that would be
distributed to the witness if the will were not established.
(4) The presumption established under subsection (2) of
this section has no effect other than that stated in subsection
(3) of this section. [1994 c 221 § 16; 1965 c 145 §
11.12.160. Prior: 1917 c 156 § 38; RRS § 1408; prior:
Code 1881 § 1331; 1863 p 209 § 67; 1860 p 171 § 34.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.170 Devise of land, what passes. Every devise
of land in any will shall be construed to convey all the estate
of the devisor therein which he could lawfully devise, unless
it shall clearly appear by the will that he intended to convey
a less estate. [1965 c 145 § 11.12.170. Prior: 1917 c 156
§ 39; RRS § 1409; prior: Code 1881 § 1332; 1863 p 209 §
69; 1860 p 172 § 36.]
11.12.180 Rule in Shelley’s Case abolished—Future
distribution or interest to heirs. The Rule in Shelley’s
Case is abolished as a rule of law and as a rule of construction. If an applicable statute or a governing instrument
calls for a future distribution to or creates a future interest in
a designated individual’s "heirs," "heirs at law," "next of
[Title 11 RCW—page 20]
kin," "relatives," or "family," or language of similar import,
the property passes to those persons, including the state
under chapter 11.08 RCW, that would succeed to the
designated individual’s estate under chapter 11.04 RCW.
The property must pass to those persons as if the designated
individual had died when the distribution or transfer of the
future interest was to take effect in possession or enjoyment.
For purposes of this section and RCW 11.12.185, the
designated individual’s surviving spouse is deemed to be an
heir, regardless of whether the surviving spouse has remarried. [1994 c 221 § 17; 1965 c 145 § 11.12.180. Prior:
1917 c 156 § 40; RRS § 1410; prior: Code 1881 § 1333;
1863 p 210 § 70; 1860 p 172 § 37.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.185 Doctrine of Worthier Title abolished—
Exception. The Doctrine of Worthier Title is abolished as
a rule of law and as a rule of construction. However, the
Doctrine of Worthier Title is preserved as a rule of construction if:
(1) A grantor has established in inter vivos trust of real
property;
(2) The grantor has expressly reserved a reversion to
himself or herself; and
(3) The words "heirs" or "heirs at law" are used by the
grantor to describe the quality of the grantor’s title in the
reversion as an estate in fee simple in the event that the
property reverts to the grantor.
In all other cases, language in a governing instrument
describing the beneficiaries of a donative disposition as the
transferor’s "heirs," "heirs at law," "next of kin,"
"distributees," "relatives," or "family," or language of similar
import, does not create or presumptively create a reversionary interest in the transferor. [1994 c 221 § 18.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.12.190 Will to operate on after-acquired property. Any estate, right or interest in property acquired by the
testator after the making of his will may pass thereby and in
like manner as if title thereto was vested in him at the time
of making the will, unless the contrary manifestly appears by
the will to have been the intention of the testator. [1965 c
145 § 11.12.190. Prior: 1917 c 156 § 41; RRS § 1411;
prior: Code 1881 § 1334; 1863 p 210 § 71; 1860 p 172 §
38.]
11.12.220 No interest on devise unless will so
provides. No interest shall be allowed or calculated on any
devise contained in any will unless such will expressly
provides for such interest. [1965 c 145 § 11.12.220. Prior:
1917 c 156 § 26; RRS § 1396.]
11.12.230 Intent of testator controlling. All courts
and others concerned in the execution of last wills shall have
due regard to the direction of the will, and the true intent
and meaning of the testator, in all matters brought before
them. [1965 c 145 § 11.12.230. Prior: 1917 c 156 § 45;
RRS § 1415; prior: Code 1881 § 1338; 1863 p 210 § 75;
1860 p 172 § 42.]
(2002 Ed.)
Wills
11.12.250 Gift to trust. A gift may be made by a
will to a trustee of a trust executed by any trustor or testator
(including a funded or unfunded life insurance trust, although
the trustor has reserved any or all rights of ownership of the
insurance contracts) if (1) the trust is identified in the
testator’s will and (2) its terms are evidenced either (a) in a
written instrument other than a will, executed by the trustor
prior to or concurrently with the execution of the testator’s
will or (b) in the will of a person who has predeceased the
testator, regardless of when executed. The existence, size,
or character of the corpus of the trust is immaterial to the
validity of the gift. Such gift shall not be invalid because
the trust is amendable or revocable, or both, or because the
trust was amended after the execution of the testator’s will
or after the testator’s death. Unless the will provides
otherwise, the property so given shall not be deemed to be
held under a testamentary trust of the testator but shall
become a part of the trust to which it is given to be administered and disposed of in accordance with the terms of the
instrument establishing the trust, including any amendments,
made prior to the death of the testator, and regardless of
whether made before or after the execution of the will.
Unless the will provides otherwise, an express revocation of
the trust prior to the testator’s death invalidates the gift.
Any termination of the trust other than by express revocation
does not invalidate the gift. For purposes of this section, the
term "gift" includes the exercise of any testamentary power
of appointment. [1985 c 23 § 2. Prior: 1984 c 149 § 5;
1965 c 145 § 11.12.250; prior: 1959 c 116 § 1.]
Short title—Application—1985 c 30: See RCW 11.02.900 through
11.02.903.
Purpose—1985 c 23: "The purpose of this act is to make technical
corrections to chapter 149, Laws of 1984, and to ensure that the changes
made in that chapter meet the constitutional requirements of Article II,
section 19 of the state Constitution." [1985 c 23 § 1.]
Application—1985 c 23: "This act shall apply to wills of decedents
dying after December 31, 1984." [1985 c 23 § 5.]
Severability—1985 c 23: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 23 § 6.]
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Trusts—Rule against perpetuities: Chapter 11.98 RCW.
11.12.255 Incorporation by reference. A will may
incorporate by reference any writing in existence when the
will is executed if the will itself manifests the testator’s
intent to incorporate the writing and describes the writing
sufficiently to permit its identification. In the case of any
inconsistency between the writing and the will, the will
controls. [1985 c 23 § 3. Prior: 1984 c 149 § 6.]
Short title—Application—1985 c 30: See RCW 11.02.900 through
11.02.903.
Purpose—Application—Severability—1985 c 23: See notes
following RCW 11.12.250.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.12.260 Separate writing may direct disposition
of tangible personal property—Requirements. (1) A will
may refer to a writing that directs disposition of tangible
personal property not otherwise specifically disposed of by
(2002 Ed.)
11.12.250
the will other than property used primarily in trade or
business. Such a writing shall not be effective unless: (a)
An unrevoked will refers to the writing, (b) the writing is
either in the handwriting of, or signed by, the testator, and
(c) the writing describes the items and the recipients of the
property with reasonable certainty.
(2) The writing may be written or signed before or after
the execution of the will and need not have significance
apart from its effect upon the dispositions of property made
by the will. A writing that meets the requirements of this
section shall be given effect as if it were actually contained
in the will itself, except that if any person designated to
receive property in the writing dies before the testator, the
property shall pass as further directed in the writing and in
the absence of any further directions, the disposition shall
lapse and RCW 11.12.110 shall not apply to such lapse.
(3) The testator may make subsequent handwritten or
signed changes to any writing. If there is an inconsistent
disposition of tangible personal property as between writings,
the most recent writing controls.
(4) As used in this section "tangible personal property"
means articles of personal or household use or ornament, for
example, furniture, furnishings, automobiles, boats, airplanes,
and jewelry, as well as precious metals in any tangible form,
for example, bullion or coins. The term includes articles
even if held for investment purposes and encompasses
tangible property that is not real property. The term does
not include mobile homes or intangible property, for example, money that is normal currency or normal legal tender,
evidences of indebtedness, bank accounts or other monetary
deposits, documents of title, or securities. [1985 c 23 § 4.
Prior: 1984 c 149 § 7.]
Short title—Application—1985 c 30: See RCW 11.02.900 through
11.02.903.
Purpose—Application—Severability—1985 c 23: See notes
following RCW 11.12.250.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 11.18
LIABILITY OF BENEFICIARY OF
NONPROBATE ASSET
Sections
11.18.200
Liability of beneficiary of nonprobate asset—Abatement.
11.18.200 Liability of beneficiary of nonprobate
asset—Abatement. (1) Unless expressly exempted by
statute, a beneficiary of a nonprobate asset that was subject
to satisfaction of the decedent’s general liabilities immediately before the decedent’s death takes the asset subject to
liabilities, claims, estate taxes, and the fair share of expenses
of administration reasonably incurred by the personal
representative in the transfer of or administration upon the
asset. The beneficiary of such an asset is liable to account
to the personal representative to the extent necessary to
satisfy liabilities, claims, the asset’s fair share of expenses of
administration, and the asset’s share of estate taxes under
chapter 83.110 RCW. Before making demand that a
beneficiary of a nonprobate asset account to the personal
representative, the personal representative shall give notice
[Title 11 RCW—page 21]
11.18.200
Title 11 RCW: Probate and Trust Law
to the beneficiary, in the manner provided in chapter 11.96A
RCW, that the beneficiary is liable to account under this
section.
(2) The following rules govern in applying subsection
(1) of this section:
(a) A beneficiary of property passing at death under a
community property agreement takes the property subject to
the decedent’s liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section.
However, assets existing as community or separate property
immediately before the decedent’s death under the community property agreement are subject to the decedent’s liabilities
and claims to the same extent that they would have been had
they been assets of the probate estate.
(b) A beneficiary of property held in joint tenancy form
with right of survivorship, including without limitation
United States savings bonds or similar obligations, takes the
property subject to the decedent’s liabilities, claims, estate
taxes, and administration expenses as described in subsection
(1) of this section to the extent of the decedent’s beneficial
ownership interest in the property immediately before death.
(c) A beneficiary of payable-on-death or trust bank
accounts, bonds, securities, or similar obligations, including
without limitation United States bonds or similar obligations,
takes the property subject to the decedent’s liabilities, claims,
estate taxes, and administration expenses as described in
subsection (1) of this section, to the extent of the decedent’s
beneficial ownership interest in the property immediately
before death.
(d) A beneficiary of deeds or conveyances made by the
decedent if possession has been postponed until the death of
the decedent takes the property subject to the decedent’s
liabilities, claims, estate taxes, and administration expenses
as described in subsection (1) of this section, to the extent of
the decedent’s beneficial ownership interest in the property
immediately before death.
(e) A trust for the decedent’s use of which the decedent
is the grantor is subject to the decedent’s liabilities, claims,
estate taxes, and administration expenses as described in
subsection (1) of this section, to the same extent as the trust
was subject to claims of the decedent’s creditors immediately
before death under RCW 19.36.020.
(f) A trust not for the use of the grantor but of which
the decedent is the grantor and that becomes effective or
irrevocable only upon the decedent’s death is subject to the
decedent’s claims, liabilities, estate taxes, and expenses of
administration as described in subsection (1) of this section.
(g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community
property immediately before the decedent’s death are subject
to the decedent’s liabilities and claims to the same extent
that they would have been had they been assets of the
probate estate.
(h) The liability of a beneficiary of life insurance is
governed by chapter 48.18 RCW.
(i) The liability of a beneficiary of pension or retirement
employee benefits is governed by chapter 6.15 RCW.
(j) An inference may not be drawn from (a) through (i)
of this subsection that a beneficiary of nonprobate assets
other than those assets specifically described in (a) through
(i) of this subsection does or does not take the assets subject
[Title 11 RCW—page 22]
to claims, liabilities, estate taxes, and administration expenses as described in subsection (1) of this section.
(3) Nothing in this section derogates from the rights of
a person interested in the estate to recover tax under chapter
83.110 RCW or from the liability of any beneficiary for
estate tax under chapter 83.110 RCW.
(4) Nonprobate assets that may be responsible for the
satisfaction of the decedent’s general liabilities and claims
abate together with the probate assets of the estate in accord
with chapter 11.10 RCW. [1999 c 42 § 605; 1997 c 252 §
3; 1994 c 221 § 19.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Chapter 11.20
CUSTODY, PROOF, AND PROBATE OF WILLS
Sections
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
Duty of custodian of will—Liability.
Application for probate—Hearing—Order—Proof—Record
of testimony—Affidavits of attesting witnesses.
Commission to take testimony of witness.
Proof where one or more witnesses are unable or incompetent to testify, or absent from state.
Recording of wills.
Record of will as evidence.
Proof of lost or destroyed will.
Restraint of personal representative during pendency of application to prove lost or destroyed will.
Admission to probate of foreign will.
Laws applicable to foreign wills.
11.20.010 Duty of custodian of will—Liability. Any
person having the custody or control of any will shall, within
thirty days after he shall have received knowledge of the
death of the testator, deliver said will to the court having
jurisdiction or to the person named in the will as executor,
and any executor having in his custody or control any will
shall within forty days after he received knowledge of the
death of the testator deliver the same to the court having
jurisdiction. Any person who shall wilfully violate any of
the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such
violation. [1965 c 145 § 11.20.010. Prior: 1917 c 156 § 9;
RRS § 1379; prior: Code 1881 §§ 1342, 1343; 1863 p 212
§ 78; 1860 p 174 § 45.]
Refusal to serve as executor: RCW 11.28.010.
11.20.020 Application for probate—Hearing—
Order—Proof—Record of testimony—Affidavits of attesting witnesses. (1) Applications for the probate of a will and
for letters testamentary, or either, may be made to the judge
of the court having jurisdiction and the court may immediately hear the proofs and either probate or reject such will as
the testimony may justify. Upon such hearing the court shall
make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and
probate the same, and such order shall be conclusive except
in the event of a contest of such will as hereinafter provided.
All testimony in support of the will shall be reduced to
(2002 Ed.)
Custody, Proof, and Probate of Wills
writing, signed by the witnesses, and certified by the judge
of the court. If the application for probate of a will does not
request the appointment of a personal representative and the
court enters an adjudication of testacy establishing such will
no further administration shall be required except as commenced pursuant to RCW 11.28.330 or 11.28.340.
(2) In addition to the foregoing procedure for the proof
of wills, any or all of the attesting witnesses to a will may,
at the request of the testator or, after his decease, at the
request of the executor or any person interested under it,
make an affidavit before any person authorized to administer
oaths, stating such facts as they would be required to testify
to in court to prove such will, which affidavit may be written
on the will or may be attached to the will or to a photographic copy of the will. The sworn statement of any
witness so taken shall be accepted by the court as if it had
been taken before the court. [1977 ex.s. c 234 § 2; 1974
ex.s. c 117 § 27; 1969 ex.s. c 126 § 1; 1965 c 145 §
11.20.020. Prior: 1917 c 156 § 10; RRS § 1380; prior:
1863 p 212 §§ 85, 86; 1860 p 175 §§ 52, 53.]
Severability—1977 ex.s. c 234: "If any provisions of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 234 § 30.]
Effective date—Application—1977 ex.s. c 234: "This 1977
amendatory act shall take effect on October 1, 1977 and shall apply to all
proceedings in probate with respect to decedents whose deaths occurred
after the effective date." [1977 ex.s. c 234 § 31.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Will contests: Chapter 11.24 RCW.
11.20.030 Commission to take testimony of witness.
If any witness be prevented by sickness from attending at the
time any will is produced for probate, or reside out of the
state or more than thirty miles from the place where the will
is to be proven, such court may issue a commission annexed
to such will, and directed to any judge, notary public, or
other person authorized to administer an oath, empowering
him or her to take and certify the attestation of such witness.
[1987 c 202 § 171; 1965 c 145 § 11.20.030. Prior: 1923 c
142 § 1; 1917 c 156 § 11; RRS § 1381; prior: Code 1881
§ 1351; 1863 p 212 § 87; 1860 p 175 § 54.]
Intent—1987 c 202: See note following RCW 2.04.190.
11.20.040 Proof where one or more witnesses are
unable or incompetent to testify, or absent from state.
The subsequent incompetency from whatever cause of one
or more of the subscribing witnesses, or their inability to
testify in open court or pursuant to commission, or their
absence from the state, shall not prevent the probate of the
will. In such cases the court shall admit the will to probate
upon satisfactory testimony that the handwriting of the
testator and of an incompetent or absent subscribing witness
is genuine or the court may consider such other facts and
circumstances, if any, as would tend to prove such will.
[1967 c 168 § 5; 1965 c 145 § 11.20.040. Prior: 1945 c 39
§ 1; 1943 c 219 § 1; 1917 c 156 § 12; Rem. Supp. 1945 §
1382; prior: Code 1881 § 1353; 1863 p 213 §§ 89, 90; 1860
p 175 §§ 56, 57.]
(2002 Ed.)
11.20.020
11.20.050 Recording of wills. All wills filed with the
clerk of the superior court must be noted in the record
required to be kept under RCW 36.23.030(7). They may be
withdrawn from the record on the order of the court. [2002
c 271 § 1; 1967 c 168 § 17; 1965 c 145 § 11.20.050. Prior:
1915 c 156 § 13; RRS § 1383; prior: Code 1881 § 1356;
1863 p 213 § 92; 1860 p 175 § 59.]
Clerk to keep record of wills: RCW 36.23.030(7).
11.20.060 Record of will as evidence. The record of
any will made, probated and recorded as herein provided,
and the exemplification of such record by the clerk in whose
custody the same may be, shall be received as evidence, and
shall be as effectual in all cases as the original would be if
produced and proven. [1965 c 145 § 11.20.060. Prior:
1917 c 156 § 14; RRS § 1384; prior: 1891 p 382 § 7; Code
1881 § 1358; 1863 p 213 § 94; 1860 p 175 § 61.]
Certified copies of recorded instruments as evidence: RCW 5.44.060.
11.20.070 Proof of lost or destroyed will. (1) If a
will has been lost or destroyed under circumstances such that
the loss or destruction does not have the effect of revoking
the will, the court may take proof of the execution and
validity of the will and establish it, notice to all persons
interested having been first given. The proof must be
reduced to writing and signed by any witnesses who have
testified as to the execution and validity, and must be filed
with the clerk of the court.
(2) The provisions of a lost or destroyed will must be
proved by clear, cogent, and convincing evidence, consisting
at least in part of a witness to either its contents or the
authenticity of a copy of the will.
(3) When a lost or destroyed will is established under
subsections (1) and (2) of this section, its provisions must be
distinctly stated in the judgment establishing it, and the
judgment must be recorded as wills are required to be
recorded. A personal representative may be appointed by
the court in the same manner as is herein provided with
reference to original wills presented to the court for probate.
[1994 c 221 § 20; 1965 c 145 § 11.20.070. Prior: 1955 c
205 § 1; 1917 c 156 § 20; RRS § 1390; prior: Code 1881
§ 1367; 1860 p 177 § 70.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Replacement of lost or destroyed probate records: RCW 5.48.060.
11.20.080 Restraint of personal representative
during pendency of application to prove lost or destroyed
will. If, before or during the pendency of an application to
prove a lost or destroyed will, letters of administration shall
have been granted on the estate of the testator, or letters
testamentary of any previous will of the testator shall have
been granted, the court shall have authority to restrain the
personal representatives so appointed, from any acts or
proceedings which would be injurious to the legatees or
devisees claiming under the lost or destroyed will. [1965 c
145 § 11.20.080. Prior: 1917 c 156 § 21; RRS § 1391;
prior: Code 1881 § 1369; 1863 p 215 § 105; 1860 p 177 §
72.]
Replacement of lost or destroyed probate records: RCW 5.48.060.
[Title 11 RCW—page 23]
11.20.090
Title 11 RCW: Probate and Trust Law
11.20.090 Admission to probate of foreign will.
Wills probated in any other state or territory of the United
States, or in any foreign country or state, shall be admitted
to probate in this state on the production of a copy of such
will and of the original record of probate thereof, certified
by the attestation of the clerk of the court in which such
probation was made; or if there be no clerk, certification by
the attestation of the judge thereof, and by the seal of such
officers, if they have a seal. [1977 ex.s. c 234 § 3; 1965 c
145 § 11.20.090. Prior: 1917 c 156 § 22; RRS § 1392;
prior: Code 1881 § 1370; 1877 p 284 § 1.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.20.100 Laws applicable to foreign wills. All
provisions of law relating to the carrying into effect of
domestic wills after probate thereof shall, so far as applicable, apply to foreign wills admitted to probate in this state.
[1965 c 145 § 11.20.100. Prior: 1917 c 156 § 23; RRS §
1393; prior: Code 1881 § 1371; 1877 p 284 § 2.]
Chapter 11.24
WILL CONTESTS
Sections
11.24.010
11.24.020
11.24.030
11.24.040
11.24.050
Contest of probate or rejection—Limitation of action—
Issues.
Citation on contest.
Burden of proof.
Revocation of probate.
Costs.
11.24.010 Contest of probate or rejection—
Limitation of action—Issues. If any person interested in
any will shall appear within four months immediately
following the probate or rejection thereof, and by petition to
the court having jurisdiction contest the validity of said will,
or appear to have the will proven which has been rejected,
he or she shall file a petition containing his or her objections
and exceptions to said will, or to the rejection thereof.
Issues respecting the competency of the deceased to make a
last will and testament, or respecting the execution by a
deceased of the last will and testament under restraint or
undue influence or fraudulent representations, or for any
other cause affecting the validity of the will or a part of it,
shall be tried and determined by the court.
If no person shall appear within the time under this
section, the probate or rejection of such will shall be binding
and final. [1994 c 221 § 21; 1971 c 7 § 1; 1967 c 168 § 6;
1965 c 145 § 11.24.010. Prior: 1917 c 156 § 15; RRS §
1385; prior: 1891 p 382 § 8; Code 1881 § 1360; 1863 p
213 § 96; 1860 p 176 § 63.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.24.020 Citation on contest. Upon the filing of the
petition referred to in RCW 11.24.010, a citation shall be
issued to the executors who have taken upon themselves the
execution of the will, or to the administrators with the will
annexed, and to all legatees named in the will residing in the
state, or to their guardians if any of them are minors, or their
personal representatives if any of them are dead, requiring
[Title 11 RCW—page 24]
them to appear before the court, on a day therein specified,
to show cause why the petition should not be granted. [1965
c 145 § 11.24.020. Prior: 1917 c 156 § 16; RRS § 1386;
prior: 1891 p 382 § 9; Code 1881 § 1361; 1863 p 214 § 97;
1860 p 176 § 64.]
11.24.030 Burden of proof. In any such contest
proceedings the previous order of the court probating, or
refusing to probate, such will shall be prima facie evidence
of the legality of such will, if probated, or its illegality, if
rejected, and the burden of proving the illegality of such
will, if probated, or the legality of such will, if rejected by
the court, shall rest upon the person contesting such probation or rejection of the will. [1965 c 145 § 11.24.030.
Prior: 1917 c 156 § 17; RRS § 1387.]
11.24.040 Revocation of probate. If, upon the trial
of said issue, it shall be decided that the will or a part of it
is for any reason invalid, or that it is not sufficiently proved
to have been the last will of the testator, the will or part and
probate thereof shall be annulled and revoked and to that
extent the powers of the personal representative shall cease,
but the personal representative shall not be liable for any act
done in good faith previous to such annulling or revoking.
[1994 c 221 § 22; 1965 c 145 § 11.24.040. Prior: 1917 c
156 § 18; RRS § 1388; prior: Code 1881 § 1364; 1863 p
214 § 100; 1860 p 177 § 67.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.24.050 Costs. If the probate be revoked or the will
annulled, assessment of costs shall be in the discretion of the
court. If the will be sustained, the court may assess the
costs against the contestant, including, unless it appears that
the contestant acted with probable cause and in good faith,
such reasonable attorney’s fees as the court may deem
proper. [1965 c 145 § 11.24.050. Prior: 1917 c 156 § 19;
RRS § 1389; prior: Code 1881 § 1366; 1860 p 177 § 69.]
Rules of court: SPR 98.12W.
Personal representative
allowance of necessary expenses: RCW 11.48.050.
compensation—Attorney’s fee: RCW 11.48.210.
Chapter 11.28
LETTERS TESTAMENTARY AND
OF ADMINISTRATION
Sections
11.28.010
11.28.020
11.28.030
11.28.040
11.28.050
11.28.060
11.28.070
11.28.085
11.28.090
11.28.100
11.28.110
11.28.120
11.28.131
11.28.140
Letters to executors—Refusal to serve—Disqualification.
Objections to appointment.
Community property—Who entitled to letters—Waiver.
Procedure during minority or absence of executor.
Powers of remaining executors on removal of associate.
Administration with will annexed on death of executor.
Authority of administrator with will annexed.
Records and certification of letters—Record of bonds.
Execution and form of letters testamentary.
Form of letters with will annexed.
Application for letters of administration or adjudication of
intestacy and heirship.
Persons entitled to letters.
Hearing on petition—Appointment—Issuance of letters—
Notice to surviving spouse.
Form of letters of administration.
(2002 Ed.)
Letters Testamentary and of Administration
11.28.150
11.28.160
11.28.170
11.28.185
Revocation of letters by discovery of will.
Cancellation of letters of administration.
Oath of personal representative.
Bond or other security of personal representative—When not
required—Waiver—Corporate trustee—Additional
bond—Reduction—Other security.
11.28.190 Examination of sureties—Additional security—Costs.
11.28.210 New or additional bond.
11.28.220 Persons disqualified as sureties.
11.28.230 Bond not void for want of form—Successive recoveries.
11.28.235 Limitation of action against sureties.
11.28.237 Notice of appointment as personal representative, pendency
of probate—Proof by affidavit.
11.28.238 Notice of appointment as personal representative—Notice to
department of revenue.
11.28.240 Request for special notice of proceedings in probate—
Prohibitions.
11.28.250 Revocation of letters—Causes.
11.28.260 Revocation of letters—Proceedings in court or chambers.
11.28.270 Powers of remaining personal representatives if letters to
associates revoked or surrendered or upon disqualification.
11.28.280 Successor personal representative.
11.28.290 Accounting on death, resignation, or revocation of letters.
11.28.300 Proceedings against delinquent personal representative.
11.28.330 Notice of adjudication of testacy or intestacy and heirship—
Contents—Service or mailing.
11.28.340 Order of adjudication of testacy or intestacy and heirship—
Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications.
Administration of deceased incompetent’s estate: RCW 11.88.150.
Letters after final settlement: RCW 11.76.250.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Trust company may not solicit appointment as personal representative:
RCW 30.04.260.
11.28.010 Letters to executors—Refusal to serve—
Disqualification. After the entry of an order admitting a
will to probate and appointing a personal representative, or
personal representatives, letters testamentary shall be granted
to the persons therein appointed executors. If a part of the
persons thus appointed refuse to act, or be disqualified, the
letters shall be granted to the other persons appointed
therein. If all such persons refuse to act, letters of administration with the will annexed shall be granted to the person
to whom administration would have been granted if there
had been no will. [1974 ex.s. c 117 § 28; 1965 c 145 §
11.28.010. Prior: 1917 c 156 § 47; RRS § 1417; prior:
Code 1881 § 1372; 1863 p 217 § 106; 1860 p 179 § 73.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.28.020 Objections to appointment. Any person
interested in a will may file objections in writing to the
granting of letters testamentary to the persons named as
executors, or any of them, and the objection shall be heard
and determined by the court. [1965 c 145 § 11.28.020.
Prior: 1917 c 156 § 47; RRS § 1417; prior: Code 1881 §
1372; 1863 p 217 § 106; 1860 p 179 § 73.]
11.28.030 Community property—Who entitled to
letters—Waiver. A surviving spouse shall be entitled to
administer upon the community property, notwithstanding
any provisions of the will to the contrary, if the court find
such spouse to be otherwise qualified; but if such surviving
spouse do not make application for such appointment within
forty days immediately following the death of the deceased
(2002 Ed.)
Chapter 11.28
spouse, he or she shall be considered as having waived his
or her right to administer upon such community property.
If any person, other than the surviving spouse, make application for letters testamentary on such property, prior to the
expiration of such forty days, then the court, before making
any such appointment, shall require notice of such application to be given the said surviving spouse, for such time and
in such manner as the court may determine, unless such
applicant show to the satisfaction of the court that there is no
surviving spouse or that he or she has in writing waived the
right to administer upon such community property. [1965 c
145 § 11.28.030. Prior: 1917 c 156 § 49; RRS § 1419.]
11.28.040 Procedure during minority or absence of
executor. If the executor be a minor or absent from the
state, letters of administration with the will annexed shall be
granted, during the time of such minority or absence, to
some other person unless there be another executor who
shall accept the trust, in which case the estate shall be
administered by such other executor until the disqualification
shall be removed, when such minor, having arrived at full
age, or such absentee, having returned, shall be admitted as
joint executor with the former, provided a nonresident of this
state may qualify as provided in RCW 11.36.010. [1965 c
145 § 11.28.040. Prior: 1917 c 156 § 50; RRS § 1420;
prior: Code 1881 § 1374; 1863 p 217 § 108; 1860 p 180 §
75.]
11.28.050 Powers of remaining executors on
removal of associate. When any of the executors named
shall not qualify or having qualified shall become disqualified or be removed, the remaining executor or executors
shall have the authority to perform every act and discharge
every trust required by the will, and their acts shall be effectual for every purpose. [1965 c 145 § 11.28.050. Prior:
1917 c 156 § 54; RRS § 1424; prior: Code 1881 § 1372;
1854 p 268 § 5.]
11.28.060 Administration with will annexed on
death of executor. No executor of an executor shall, as
such, be authorized to administer upon the estate of the first
testator, but on the death of the sole or surviving executor of
any last will, letters of administration with the will annexed,
on the estate of the first testator left unadministered, shall be
issued. [1965 c 145 § 11.28.060. Prior: 1917 c 156 § 53;
RRS § 1423; prior: Code 1881 § 1379; 1863 p 218 § 113;
1860 p 180 § 80.]
Executor of executor may not sue for estate of first testator: RCW
11.48.190.
11.28.070 Authority of administrator with will
annexed. Administrators with the will annexed shall have
the same authority as the executor named in the will would
have had, and their acts shall be as effectual for every
purpose: PROVIDED, That they shall not lease, mortgage,
pledge, exchange, sell, or convey any real or personal
property of the estate except under order of the court and
pursuant to procedure under existing laws pertaining to the
administration of estates in cases of intestacy, unless the
powers expressed in the will are directory and not discretionary, or said administrator with will annexed shall have
[Title 11 RCW—page 25]
11.28.070
Title 11 RCW: Probate and Trust Law
obtained nonintervention powers as provided in chapter
11.68 RCW. [1974 ex.s. c 117 § 25; 1965 c 145 §
11.28.070. Prior: 1955 c 205 § 3; 1917 c 156 § 55; RRS
§ 1425; prior: Code 1881 § 1381; 1860 p 180 § 82.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.28.085 Records and certification of letters—
Record of bonds. See RCW 36.23.030.
11.28.090 Execution and form of letters testamentary. Letters testamentary to be issued to executors under the
provisions of this chapter shall be signed by the clerk, and
issued under the seal of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the
. . . . day of . . . . . . , A.D., . . . ., duly exhibited, proven,
and recorded in our said superior court; and whereas, it
appears in and by said will that C D is appointed executor
thereon, and, whereas, said C D has duly qualified, now,
therefore, know all men by these presents, that we do hereby
authorize the said C D to execute said will according to law.
Witness my hand and the seal of said court this . . . .
day of . . . . . ., A.D., 19. . .
[1965 c 145 § 11.28.090. Prior: (i) 1917 c 156 § 56; RCW
11.28.080; RRS § 1426; prior: Code 1881 § 1382; 1863 p
218 § 116; 1860 p 181 § 83. (ii) 1917 c 156 § 59; RRS §
1429; prior: Code 1881 § 1386; 1863 p 219 § 120; 1860 p
181 § 87.]
11.28.100 Form of letters with will annexed. Letters
of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
[1965 c 145 § 11.28.100. Prior: 1917 c 156 § 60; RRS §
1430; prior: Code 1881 § 1387; 1863 p 219 § 121.]
11.28.110 Application for letters of administration
or adjudication of intestacy and heirship. Application for
letters of administration, or, application for an adjudication
of intestacy and heirship without the issuance of letters of
administration shall be made by petition in writing, signed
and verified by the applicant or his attorney, and filed with
the court, which petition shall set forth the facts essential to
giving the court jurisdiction of the case, and state, if known,
the names, ages and addresses of the heirs of the deceased
and that the deceased died without a will. If the application
for an adjudication of intestacy and heirship does not request
the appointment of a personal representative and the court
enters an adjudication of intestacy no further administration
shall be required except as set forth in RCW 11.28.330 or
11.28.340. [1977 ex.s. c 234 § 4; 1974 ex.s. c 117 § 29;
1965 c 145 § 11.28.110. Prior: 1917 c 156 § 62; RRS §
1432; prior: Code 1881 § 1389; 1863 p 220 § 123; 1860 p
182 § 90.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
[Title 11 RCW—page 26]
11.28.120 Persons entitled to letters. Administration
of an estate if the decedent died intestate or if the personal
representative or representatives named in the will declined
or were unable to serve shall be granted to some one or
more of the persons hereinafter mentioned, and they shall be
respectively entitled in the following order:
(1) The surviving spouse, or such person as he or she
may request to have appointed.
(2) The next of kin in the following order: (a) Child or
children; (b) father or mother; (c) brothers or sisters; (d)
grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos
trust instrument, testamentary trustee named in the will,
guardian of the person or estate of the decedent, or attorney
in fact appointed by the decedent, if any such a fiduciary
controlled or potentially controlled substantially all of the
decedent’s probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of
the decedent’s probate or nonprobate assets.
(5)(a) The director of revenue, or the director’s
designee, for those estates having property subject to the
provisions of chapter 11.08 RCW; however, the director may
waive this right.
(b) The secretary of the department of social and health
services for those estates owing debts for long-term care
services as defined in *RCW 74.39A.008; however the
secretary may waive this right.
(6) One or more of the principal creditors.
(7) If the persons so entitled shall fail for more than
forty days after the death of the decedent to present a
petition for letters of administration, or if it appears to the
satisfaction of the court that there is no next of kin, as above
specified eligible to appointment, or they waive their right,
and there are no principal creditor or creditors, or such
creditor or creditors waive their right, then the court may
appoint any suitable person to administer such estate. [1995
1st sp.s. c 18 § 61; 1994 c 221 § 23; 1985 c 133 § 1; 1965
c 145 § 11.28.120. Prior: 1927 c 76 § 1; 1917 c 156 § 61;
RRS § 1431; prior: Code 1881 § 1388; 1863 p 219 § 122;
1860 p 181 § 89.]
*Reviser’s note: RCW 74.39A.008 was repealed by 1997 c 392 §
530.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.28.131 Hearing on petition—Appointment—
Issuance of letters—Notice to surviving spouse. When a
petition for general letters of administration or for letters of
administration with the will annexed shall be filed, the
matter may [be] heard forthwith, appointment made and
letters of administration issued: PROVIDED, That if there
be a surviving spouse and a petition is presented by anyone
other than the surviving spouse, or any person designated by
the surviving spouse to serve as personal representative on
his or her behalf, notice to the surviving spouse shall be
given of the time and place of such hearing at least ten days
before the hearing, unless the surviving spouse shall waive
notice of the hearing in writing filed in the cause. [1974
ex.s. c 117 § 44.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
(2002 Ed.)
Letters Testamentary and of Administration
11.28.140 Form of letters of administration. Letters
of administration shall be signed by the clerk, and be under
the seal of the court, and may be substantially in the
following form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . .
day of . . . . . . A.D., . . . . died intestate, leaving at the time
of his death, property in this state subject to administration:
Now, therefore, know all men by these presents, that we do
hereby appoint . . . . . . . . . administrator upon said estate,
and whereas said administrator has duly qualified, hereby
authorize him to administer the same according to law.
Witness my hand and the seal of said court this . . . .
day of . . . . . . A.D., 19. . .
[1965 c 145 § 11.28.140. Prior: 1917 c 156 § 65; RRS §
1435; prior: Code 1881 § 1392; 1863 p 220 § 125; 1860 p
182 § 92.]
11.28.150 Revocation of letters by discovery of will.
If after letters of administration are granted a will of the
deceased be found and probate thereof be granted, the letters
shall be revoked and letters testamentary or of administration
with the will annexed, shall be granted. [1965 c 145 §
11.28.150. Prior: 1917 c 156 § 51; RRS § 1421; prior:
Code 1881 § 1375; 1863 p 218 § 109; 1860 p 180 § 76.]
11.28.160 Cancellation of letters of administration.
The court appointing any personal representative shall have
authority for any cause deemed sufficient, to cancel and
annul such letters and appoint other personal representatives
in the place of those removed. [1965 c 145 § 11.28.160.
Prior: 1917 c 156 § 52; RRS § 1422.]
Revocation of letters—Causes: RCW 11.28.250.
11.28.170 Oath of personal representative. Before
letters testamentary or of administration are issued, each
personal representative or an officer of a bank or trust
company qualified to act as a personal representative, must
take and subscribe an oath, before some person authorized
to administer oaths, that the duties of the trust as personal
representative will be performed according to law, which
oath must be filed in the cause and recorded. [1965 c 145
§ 11.28.170. Prior: 1917 c 156 § 66; RRS § 1436; prior:
Code 1881 § 1393; 1877 p 211 § 4; 1873 p 329 § 366.]
11.28.185 Bond or other security of personal
representative—When not required—Waiver—Corporate
trustee—Additional bond—Reduction—Other security.
When the terms of the decedent’s will manifest an intent that
the personal representative appointed to administer the estate
shall not be required to furnish bond or other security, or
when the personal representative is the surviving spouse of
the decedent and it appears to the court that the entire estate,
after provision for expenses and claims of creditors, will be
distributable to such spouse, then such personal representative shall not be required to give bond or other security as a
condition of appointment. In all cases where a bank or trust
company authorized to act as personal representative is
appointed as personal representative, no bond shall be
required. In all other cases, unless waived by the court, the
(2002 Ed.)
11.28.140
personal representative shall give such bond or other
security, in such amount and with such surety or sureties, as
the court may direct.
Every person required to furnish bond must, before
receiving letters testamentary or of administration, execute
a bond to the state of Washington conditioned that the
personal representative shall faithfully execute the duty of
the trust according to law.
The court may at any time after appointment of the
personal representative require said personal representative
to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the
court may allow a reduction of the bond upon a proper
showing.
In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as
provided under RCW 11.88.105, or as the court may deem
adequate to protect the assets of the estate. [1977 ex.s. c
234 § 5; 1974 ex.s. c 117 § 46.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.28.190 Examination of sureties—Additional
security—Costs. Before the judge approves any bond
required under this chapter, and after its approval, he may,
of his own motion, or upon the motion of any person
interested in the estate, supported by affidavit that the
sureties, or some one or more of them, are not worth as
much as they have justified to, order a citation to issue,
requiring such sureties to appear before him at a designated
time and place, to be examined touching their property and
its value; and the judge must, at the same time, cause notice
to be issued to the personal representative, requiring his
appearance on the return of the citation, and on its return he
may examine the sureties and such witnesses as may be
produced touching the property of the sureties and its value;
and if upon such examination he is satisfied that the bond is
insufficient he must require sufficient additional security. If
the bond and sureties are found by the court to be sufficient,
the costs incident to such hearing shall be taxed against the
party instituting such hearing. As a part of such costs the
sureties appearing shall be allowed such fees and mileage as
witnesses are allowed in civil proceedings: PROVIDED,
That when the citation herein referred to is issued on the
motion of the court, no costs shall be imposed. [1965 c 145
§ 11.28.190. Prior: 1917 c 156 § 68; RRS § 1438; prior:
Code 1881 § 1400; 1877 p 212 § 4; 1863 p 221 § 129; 1860
p 183 § 96.]
Fees and allowances of witnesses: Chapter 2.40 RCW, RCW 5.56.010.
11.28.210 New or additional bond. Any person
interested may at any time by verified petition to the court,
or otherwise, complain of the sufficiency of any bond or
sureties thereon, and the court may upon such petition, or
upon its own motion, and with or without hearing upon the
matter, require the personal representative to give a new, or
additional bond, or bonds, and in all such matters the court
may act in its discretion and make such orders and citations
as to it may seem right and proper in the premises. [1965
[Title 11 RCW—page 27]
11.28.210
Title 11 RCW: Probate and Trust Law
c 145 § 11.28.210. Prior: 1917 c 156 § 70; RRS § 1440;
prior: 1891 p 383 § 13 1/2; Code 1881 § 1404; 1877 p 212
§ 4; 1863 p 221 § 131; 1860 p 183 § 98.]
11.28.220 Persons disqualified as sureties. No judge
of the superior court, no sheriff, clerk of a court, or deputy
of either, and no attorney at law shall be taken as surety on
any bond required to be taken in any proceeding in probate.
[1965 c 145 § 11.28.220. Prior: 1917 c 156 § 71; RRS §
1441; prior: 1891 p 383 § 14; Code 1881 § 1409; 1863 p
221 § 128; 1860 p 183 § 95.]
11.28.230 Bond not void for want of form—
Successive recoveries. No bond required under the provisions of this chapter, and intended as such bond, shall be
void for want of form, recital or condition; nor shall the
principal or surety on such account be discharged, but all the
parties thereto shall be held and bound to the full extent
contemplated by the law requiring the same, to the amount
specified in such bond. In all actions on such defective bond
the plaintiff may state its legal effect in the same manner as
though it were a perfect bond. The bond shall not be void
upon the first recovery, but may be sued and recovered
upon, from time to time, by any person aggrieved in his own
name, until the whole penalty is exhausted. [1965 c 145 §
11.28.230. Prior: 1917 c 156 § 73; RRS § 1443; prior:
Code 1881 §§ 1412, 1397; 1877 p 211 § 4; 1854 p 219 §
489.]
Bond not to fail for want of form or substance: RCW 19.72.170.
11.28.235 Limitation of action against sureties. All
actions against sureties shall be commenced within six years
after the revocation or surrender of letters of administration
or death of the principal. [1965 c 145 § 11.28.235. Prior:
1917 c 156 § 80; RCW 11.28.310; RRS § 1450; prior: 1891
p 385 § 21; Code 1881 § 1431; 1854 p 274 § 42.]
11.28.237 Notice of appointment as personal
representative, pendency of probate—Proof by affidavit.
(1) Within twenty days after appointment, the personal
representative of the estate of a decedent shall cause written
notice of his or her appointment and the pendency of said
probate proceedings, to be served personally or by mail to
each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent
whose names and addresses are known to him or her, and
proof of such mailing or service shall be made by affidavit
and filed in the cause.
(2) If the personal representative does not otherwise
give notice to creditors under chapter 11.40 RCW within
thirty days after appointment, the personal representative
shall cause written notice of his or her appointment and the
pendency of the probate proceedings to be mailed to the
state of Washington department of social and health services’
office of financial recovery, and proof of the mailing shall
be made by affidavit and filed in the cause. [1997 c 252 §
85; 1994 c 221 § 24; 1977 ex.s. c 234 § 6; 1974 ex.s. c 117
§ 30; 1969 c 70 § 2; 1965 c 145 § 11.28.237. Prior: 1955
c 205 § 13, part; RCW 11.76.040, part.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
[Title 11 RCW—page 28]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.28.238 Notice of appointment as personal
representative—Notice to department of revenue. Duty
of personal representative to notify department of revenue of
administration; personal liability for taxes upon failure to
give notice: See RCW 82.32.240.
11.28.240 Request for special notice of proceedings
in probate—Prohibitions. (1) At any time after the
issuance of letters testamentary or of administration or
certificate of qualification upon the estate of any decedent,
any person interested in the estate as an heir, devisee,
distributee, legatee or creditor whose claim has been duly
served and filed, or the lawyer for the heir, devisee, distributee, legatee, or creditor may serve upon the personal
representative or upon the lawyer for the personal representative, and file with the clerk of the court wherein the administration of the estate is pending, a written request stating that
the person desires special notice of any or all of the following named matters, steps or proceedings in the administration
of the estate, to wit:
(a) Filing of petitions for sales, leases, exchanges or
mortgages of any property of the estate.
(b) Petitions for any order of solvency or for nonintervention powers.
(c) Filing of accounts.
(d) Filing of petitions for distribution.
(e) Petitions by the personal representative for family
allowances and homesteads.
(f) The filing of a declaration of completion.
(g) The filing of the inventory.
(h) Notice of presentation of personal representative’s
claim against the estate.
(i) Petition to continue a going business.
(j) Petition to borrow upon the general credit of the
estate.
(k) Petition for judicial proceedings under chapter
11.96A RCW.
(l) Petition to reopen an estate.
(m) Intent to distribute estate assets, other than distributions in satisfaction of specific bequests or legacies of
specific dollar amounts.
(n) Intent to pay attorney’s or personal representative’s
fees.
The requests shall state the post office address of the
heir, devisee, distributee, legatee or creditor, or his or her
lawyer, and thereafter a brief notice of the filing of any of
the petitions, accounts, declaration, inventory or claim,
except petitions for sale of perishable property, or other tangible personal property which will incur expense or loss by
keeping, shall be addressed to the heir, devisee, distributee,
legatee or creditor, or his or her lawyer, at the post office
address stated in the request, and deposited in the United
States post office, with prepaid postage, at least ten days
before the hearing of the petition, account or claim or of the
proposed distribution or payment of fees; or personal service
of the notices may be made on the heir, devisee, distributee,
legatee, creditor, or lawyer, not less than five days before the
(2002 Ed.)
Letters Testamentary and of Administration
hearing, and the personal service shall have the same effect
as deposit in the post office, and proof of mailing or of
personal service must be filed with the clerk before the
hearing of the petition, account or claim or of the proposed
distribution or payment of fees. If the notice has been
regularly given, any distribution or payment of fees and any
order or judgment, made in accord therewith is final and
conclusive.
(2) Notwithstanding subsection (1) of this section, a
request for special notice may not be made by a person, and
any request for special notice previously made by a person
becomes null and void, when:
(a) That person qualifies to request special notice solely
by reason of being a specific legatee, all of the property that
person is entitled to receive from the decedent’s estate has
been distributed to that person, and that person’s bequest is
not subject to any subsequent abatement for the payment of
the decedent’s debts, expenses, or taxes;
(b) That person qualifies to request special notice solely
by reason of being an heir of the decedent, none of the
decedent’s property is subject to the laws of descent and
distribution, the decedent’s will has been probated, and the
time for contesting the probate of that will has expired; or
(c) That person qualifies to request special notice solely
by reason of being a creditor of the decedent and that person
has received all of the property that the person is entitled to
receive from the decedent’s estate. [1999 c 42 § 606; 1997
c 252 § 4; 1985 c 30 § 5. Prior: 1984 c 149 § 8; 1965 c
145 § 11.28.240; prior: 1941 c 206 § 1; 1939 c 132 § 1;
1917 c 156 § 64; Rem. Supp. 1941 § 1434.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Borrowing on general credit of estate—Petition—Notice—Hearing: RCW
11.56.280.
Claim of personal representative—Presentation and petition—Filing: RCW
11.40.140.
Continuation of decedent’s business: RCW 11.48.025.
Purchase of claims by personal representative: RCW 11.48.080.
Report of personal representative, notice of hearing: RCW 11.76.020,
11.76.040.
Sales, exchanges, leases, mortgages and borrowing: Chapter 11.56 RCW.
11.28.250 Revocation of letters—Causes. Whenever
the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to
waste, or embezzle the property of the estate committed to
his charge, or has committed, or is about to commit a fraud
upon the estate, or is incompetent to act, or is permanently
removed from the state, or has wrongfully neglected the
estate, or has neglected to perform any acts as such personal
representative, or for any other cause or reason which to the
court appears necessary, it shall have power and authority,
after notice and hearing to revoke such letters. The manner
of the notice and of the service of the same and of the time
of hearing shall be wholly in the discretion of the court, and
if the court for any such reasons revokes such letters the
(2002 Ed.)
11.28.240
powers of such personal representative shall at once cease,
and it shall be the duty of the court to immediately appoint
some other personal representative, as in this title provided.
[1965 c 145 § 11.28.250. Prior: 1917 c 156 § 74; RRS §
1444; prior: Code 1881 § 1414; 1863 p 218 § 112; 1860 p
186 § 114.]
Absentee estates, removal of trustee: RCW 11.80.060.
Accounting on revocation of letters: RCW 11.28.290.
Cancellation of letters of administration: RCW 11.28.160.
Effect on compensation of personal representative who fails to discharge
duties: RCW 11.48.210.
Notice to creditors when personal representative removed—Limit tolled by
vacancy: RCW 11.40.150.
Revocation of letters
by discovery of will: RCW 11.28.150.
upon conviction of crime or becoming of unsound mind: RCW 11.36.010.
Successor personal representative: RCW 11.28.280.
11.28.260 Revocation of letters—Proceedings in
court or chambers. The applications and acts authorized by
RCW 11.28.250 may be heard and determined in court or at
chambers. All orders made therein must be entered upon the
minutes of the court. [1965 c 145 § 11.28.260. Prior: 1917
c 156 § 75; RRS § 1445; prior: 1891 p 384 § 17; Code
1881 § 1413; 1877 p 213 § 4.]
11.28.270 Powers of remaining personal representatives if letters to associates revoked or surrendered or
upon disqualification. If more than one personal representative of an estate is serving when the letters to any of them
are revoked or surrendered or when any part of them dies or
in any way becomes disqualified, those who remain shall
perform all the duties required by law unless the decedent
provided otherwise in a duly probated will or unless the
court orders otherwise. [1997 c 252 § 5; 1965 c 145 §
11.28.270. Prior: 1917 c 156 § 76; RRS § 1446; prior:
Code 1881 § 1427; 1854 p 273 § 38.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.28.280 Successor personal representative. Except
as otherwise provided in RCW 11.28.270, if a personal
representative of an estate dies or resigns or the letters are
revoked before the settlement of the estate, letters testamentary or letters of administration of the estate remaining
unadministered shall be granted to those to whom the letters
would have been granted if the original letters had not been
obtained, or the person obtaining them had renounced
administration, and the successor personal representative
shall perform like duties and incur like liabilities as the
preceding personal representative, unless the decedent
provided otherwise in a duly probated will or unless the
court orders otherwise. A succeeding personal representative
may petition for nonintervention powers under chapter 11.68
RCW. [1997 c 252 § 6; 1974 ex.s. c 117 § 26; 1965 c 145
§ 11.28.280. Prior: 1955 c 205 § 8; 1917 c 156 § 77; RRS
§ 1447; prior: Code 1881 § 1428.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
[Title 11 RCW—page 29]
11.28.290
Title 11 RCW: Probate and Trust Law
11.28.290 Accounting on death, resignation, or
revocation of letters. If any personal representative resign,
or his letters be revoked, or he die, he or his representatives
shall account for, pay, and deliver to his successor or to the
surviving or remaining personal representatives, all money
and property of every kind, and all rights, credits, deeds,
evidences of debt, and papers of every kind, of the deceased,
at such time and in such manner as the court shall order on
final settlement with such personal representative or his legal
representatives. [1965 c 145 § 11.28.290. Prior: 1917 c
156 § 78; RRS § 1448; prior: Code 1881 § 1429; 1854 p
273 § 40.]
11.28.300 Proceedings against delinquent personal
representative. The succeeding administrator, or remaining
personal representative may proceed by law against any
delinquent former personal representative, or his personal
representatives, or the sureties of either, or against any other
person possessed of any part of the estate. [1965 c 145 §
11.28.300. Prior: 1917 c 156 § 79; RRS § 1449; prior:
1891 p 384 § 20; Code 1881 § 1430; 1854 p 273 § 41.]
Limitation of action against sureties: RCW 11.28.235.
11.28.330 Notice of adjudication of testacy or
intestacy and heirship—Contents—Service or mailing. If
no personal representative is appointed to administer the
estate of a decedent, the person obtaining the adjudication of
testacy, or intestacy and heirship, shall, cause written notice
of said adjudication to be mailed to each heir, legatee, and
devisee of the decedent, which notice shall contain the name
of the decedent’s estate and the probate cause number, and
shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , 19. . ., the
applicant obtained an order from the superior court of
. . . . . . county, state of Washington, adjudicating that the
decedent died intestate, or testate, whichever shall be the
case;
(3) In the event the decedent died testate, enclose a copy
of his will therewith, and state that the adjudication of
testacy will become final and conclusive for all legal intents
and purposes unless any heir, legatee, or devisee of the
decedent shall contest said will within four months after the
date the said will was adjudicated to be the last will and
testament of the decedent;
(4) In the event that the decedent died intestate, set forth
the names and addresses of the heirs of the decedent, their
relationship to the decedent, the distributive shares of the
estate of the decedent which they are entitled to receive, and
that said adjudication of intestacy and heirship shall become
final and conclusive for all legal intents and purposes,
unless, within four months of the date of said adjudication
of intestacy, a petition shall be filed seeking the admission
of a will of the decedent for probate, or contesting the
adjudication of heirship.
Notices provided for in this section may be served
personally or sent by regular mail, and proof of such service
or mailing shall be made by an affidavit filed in the cause.
[1974 ex.s. c 117 § 31.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
[Title 11 RCW—page 30]
11.28.340 Order of adjudication of testacy or
intestacy and heirship—Entry—Time limitation—Deemed
final decree of distribution, when—Purpose—Finality of
adjudications. Unless, within four months after the entry of
the order adjudicating testacy or intestacy and heirship, and
the mailing or service of the notice required in RCW
11.28.330 any heir, legatee or devisee of the decedent shall
offer a later will for probate or contest an adjudication of
testacy in the manner provided in this title for will contests,
or offer a will of the decedent for probate following an
adjudication of intestacy and heirship, or contesting the
determination of heirship, an order adjudicating testacy or
intestacy and heirship without appointing a personal representative to administer a decedent’s estate shall, as to those
persons by whom notice was waived or to whom said notice
was mailed or on whom served, be deemed the equivalent of
the entry of a final decree of distribution in accordance with
the provisions of chapter 11.76 RCW for the purpose of:
(1) Establishing the decedent’s will as his last will and
testament and persons entitled to receive his estate thereunder; or
(2) Establishing the fact that the decedent died intestate,
and those persons entitled to receive his estate as his heirs at
law.
The right of an heir, legatee, or devisee to receive the
assets of a decedent shall, to the extent otherwise provided
by this title, be subject to the prior rights of the decedent’s
creditors and of any persons entitled to a homestead award
or award in lieu of homestead or family allowance, and
nothing contained in this section shall be deemed to alter or
diminish such prior rights, or to prohibit any person for good
cause shown, from obtaining the appointment of a personal
representative to administer the estate of the decedent after
the entry of an order adjudicating testacy or intestacy and
heirship. However, if the petition for letters testamentary or
of administration shall be filed more than four months after
the date of the adjudication of testacy or of intestacy and
heirship, the issuance of such letters shall not affect the
finality of said adjudications.
Any person paying, delivering, transferring, or issuing
property to the person entitled thereto under an adjudication
of testacy or intestacy and heirship that is deemed the
equivalent of a final decree of distribution as set forth in this
section is discharged and released to the same extent as if
such person has dealt with a personal representative of the
decedent. [1988 c 29 § 1; 1977 ex.s. c 234 § 7; 1974 ex.s.
c 117 § 32.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Chapter 11.32
SPECIAL ADMINISTRATORS
Sections
11.32.010
11.32.020
11.32.030
11.32.040
11.32.050
11.32.060
Appointment.
Bond.
Powers and duties.
Succession by personal representative.
Not liable to creditors.
To render account.
(2002 Ed.)
Special Administrators
11.32.010 Appointment. When, by reason of an
action concerning the proof of a will, or from any other
cause, there shall be a delay in granting letters testamentary
or of administration, the judge may, in his discretion, appoint
a special administrator (other than one of the parties) to
collect and preserve the effects of the deceased; and in case
of an appeal from the decree appointing such special
administrator, he shall, nevertheless, proceed in the execution
of his trust until he shall be otherwise ordered by the
appellate court. [1965 c 145 § 11.32.010. Prior: 1917 c
156 § 81; RRS § 1451; prior: 1891 p 384 § 19; Code 1881
§ 1419; 1863 p 222 § 137; 1860 p 184 § 104.]
11.32.020 Bond. Every such administrator shall,
before entering on the duties of his trust, give bond, with
sufficient surety or sureties, in such sum as the judge shall
order, payable to the state of Washington, with conditions as
required of an executor or in other cases of administration:
PROVIDED, That in all cases where a bank or trust company authorized to act as administrator is appointed special
administrator or acts as special administrator under an
appointment as such heretofore made, no bond shall be
required. [1965 c 145 § 11.32.020. Prior: 1963 c 46 § 2;
1917 c 156 § 82; RRS § 1452; prior: Code 1881 § 1420;
1863 pp 220, 222 §§ 126, 138; 1860 pp 183, 184 §§ 93,
105.]
Bond of personal representative: RCW 11.28.185.
11.32.030 Powers and duties. Such special administrator shall collect all the goods, chattels, money, effects, and
debts of the deceased, and preserve the same for the personal
representative who shall thereafter be appointed; and for that
purpose may commence and maintain suits as an administrator, and may also sell such perishable and other goods as the
court shall order sold, and make family allowances under the
order of the court. The appointment may be for a specified
time, to perform duties respecting specific property, or to
perform particular acts, as stated in the order of appointment.
Such special administrator shall be allowed such compensation for his services as the said court shall deem reasonable,
together with reasonable fees for his attorney. [1965 c 145
§ 11.32.030. Prior: 1917 c 156 § 83; RRS § 1453; prior:
Code 1881 § 1421; 1863 p 222 § 139; 1860 p 185 § 106.]
11.32.040 Succession by personal representative.
Upon granting letters testamentary or of administration the
power of the special administrator shall cease, and he shall
forthwith deliver to the personal representative all the goods,
chattels, money, effects, and debts of the deceased in his
hands, and the personal representative may be admitted to
prosecute any suit commenced by the special administrator,
in like manner as an administrator de bonis non is authorized
to prosecute a suit commenced by a former personal representative. The estate shall be liable for obligations incurred
by the special administrator pursuant to the order of appointment or approved by the court. [1965 c 145 § 11.32.040.
Prior: 1917 c 156 § 84; RRS § 1454; prior: Code 1881 §
1422; 1863 p 233 § 140; 1860 p 185 § 107.]
11.32.050 Not liable to creditors. Such special
administrator shall not be liable to an action by any creditor
(2002 Ed.)
11.32.010
of the deceased, and the time for limitation of all suits
against the estate shall begin to run from the time of
granting letters testamentary or of administration in the usual
form, in like manner as if such special administration had
not been granted. [1965 c 145 § 11.32.050. Prior: 1917 c
156 § 85; RRS § 1455; prior: Code 1881 § 1423; 1863 p
223 § 141; 1860 p 185 § 108.]
11.32.060 To render account. The special administrator shall also render an account, under oath, of his
proceedings, in like manner as other administrators are required to do. [1965 c 145 § 11.32.060. Prior: 1917 c 156
§ 86; RRS § 1456; prior: Code 1881 § 1424; 1863 p 223 §
142; 1860 p 185 § 109.]
Settlement of estates: Chapter 11.76 RCW.
Chapter 11.36
QUALIFICATIONS OF
PERSONAL REPRESENTATIVES
Sections
11.36.010
11.36.021
Parties disqualified—Result of disqualification after appointment.
Trustees—Who may serve.
11.36.010 Parties disqualified—Result of disqualification after appointment. The following persons are not
qualified to act as personal representatives: Corporations,
minors, persons of unsound mind, or persons who have been
convicted of any felony or of a misdemeanor involving
moral turpitude: PROVIDED, That trust companies regularly organized under the laws of this state and national banks
when authorized so to do may act as the personal representative of decedents’ or incompetents’ estates upon petition of
any person having a right to such appointment and may act
as executors or guardians when so appointed by will:
PROVIDED FURTHER, That professional service corporations regularly organized under the laws of this state whose
shareholder or shareholders are exclusively attorneys may act
as personal representatives. No trust company or national
bank may qualify as such executor or guardian under any
will hereafter drawn by it or its agents or employees, and no
salaried attorney of any such company may be allowed any
attorney fee for probating any such will or in relation to the
administration or settlement of any such estate, and no part
of any attorney fee may inure, directly or indirectly, to the
benefit of any trust company or national bank. When any
person to whom letters testamentary or of administration
have been issued becomes disqualified to act because of
becoming of unsound mind or being convicted of any crime
or misdemeanor involving moral turpitude, the court having
jurisdiction shall revoke his or her letters. A nonresident
may be appointed to act as personal representative if the
nonresident appoints an agent who is a resident of the county
where such estate is being probated or who is an attorney of
record of the estate, upon whom service of all papers may be
made; such appointment to be made in writing and filed by
the clerk with other papers of such estate; and, unless bond
has been waived as provided by RCW 11.28.185, such
nonresident personal representative shall file a bond to be
approved by the court. [1983 c 51 § 1; 1983 c 3 § 14; 1965
[Title 11 RCW—page 31]
11.36.010
Title 11 RCW: Probate and Trust Law
c 145 § 11.36.010. Prior: 1959 c 43 § 1; 1917 c 156 § 87;
RRS § 1457; prior: Code 1881 § 1409; 1863 p 227 § 164;
1860 p 189 § 131.]
Rules of court: Counsel fees: SPR 98.12W.
Financial institutions may act as guardian: RCW 11.88.020.
Procedure during minority or absence of executor: RCW 11.28.040.
Trust company may act as personal representative: RCW 30.08.150.
11.36.021 Trustees—Who may serve. (1) The
following may serve as trustees:
(a) Any suitable persons over the age of eighteen years,
if not otherwise disqualified;
(b) Any trust company regularly organized under the
laws of this state and national banks when authorized to do
so;
(c) Any nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and the
corporation is in compliance with all applicable provisions
of Title 24 RCW;
(d) Any professional service corporations regularly
organized under the laws of this state whose shareholder or
shareholders are exclusively attorneys; and
(e) Any other entity so authorized under the laws of the
state of Washington.
(2) The following are disqualified to serve as trustees:
(a) Minors, persons of unsound mind, or persons who
have been convicted of any felony or a misdemeanor
involving moral turpitude; and
(b) A corporation organized under Title 23B RCW that
is not authorized under the laws of the state of Washington
to act as a fiduciary. [1991 c 72 § 1; 1985 c 30 § 6. Prior:
1984 c 149 § 9.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 11.40
CLAIMS AGAINST ESTATE
Sections
11.40.010
11.40.020
11.40.030
11.40.040
11.40.051
11.40.060
11.40.070
11.40.080
11.40.090
11.40.100
11.40.110
11.40.120
11.40.130
11.40.135
11.40.140
Claims—Presentation—Other notice not affected.
Notice to creditors—Manner—Filings—Publication.
Notice to creditors—Form.
"Reasonably ascertainable" creditor—Definition—
Reasonable diligence—Presumptions—Petition for order.
Claims against decedent—Time limits.
Claims involving liability or casualty insurance—
Limitations—Exceptions to time limits.
Claims—Form—Manner of presentation—Waiver of defects.
Claims—Duty to allow or reject—Notice of petition to allow—Attorneys’ fees.
Allowance of claims—Notice—Automatic allowance—
Petition for extension—Ranking of claims—Barred
claims.
Rejection of claim—Time limits—Notice—Compromise of
claim.
Action pending at decedent’s death—Personal representative
as defendant.
Effect of judgment against personal representative.
Judgment against decedent—Execution barred upon
decedent’s death—Presentation—Sale of property.
Secured claim—Creditor’s right.
Claim of personal representative—Presentation and petition—Filing.
[Title 11 RCW—page 32]
11.40.150
Notice to creditors when personal representative resigns,
dies, or is removed—Limit tolled by vacancy.
11.40.160 Personal representative as successor to notice agent—Notice
not affected—Presumptions—Duties.
Action on claim not acted on—Contribution: RCW 11.76.170.
Contingent or disputed claims, procedure: RCW 11.76.190.
Evidence, transaction with person since deceased: RCW 5.60.030.
Guardianship—Claims: RCW 11.92.035.
Incompetent, deceased, claims against estate of: RCW 11.88.150.
Judgment against executor or administrator, effect: RCW 4.56.050.
Liability of personal representative: RCW 11.76.160.
Limitation of actions: Chapter 4.16 RCW.
Order maturing claim not due: RCW 11.76.180.
Order of payment of debts: RCW 11.76.110.
Payment of claims where estate insufficient: RCW 11.76.150.
Quasi-community property—Lifetime transfers—Claims by surviving spouse:
RCW 26.16.240.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10
RCW.
Survival of actions: Chapter 4.20 RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
11.40.010 Claims—Presentation—Other notice not
affected. A person having a claim against the decedent may
not maintain an action on the claim unless a personal
representative has been appointed and the claimant has
presented the claim as set forth in this chapter. However,
this chapter does not affect the notice under RCW 82.32.240
or the ability to maintain an action against a notice agent
under chapter 11.42 RCW. [1997 c 252 § 7; 1995 1st sp.s.
c 18 § 58; 1994 c 221 § 25; 1991 c 5 § 1; 1989 c 333 § 1;
1974 ex.s. c 117 § 33; 1967 c 168 § 7; 1965 c 145 §
11.40.010. Prior: 1923 c 142 § 3; 1917 c 156 § 107; RRS
§ 1477; prior: Code 1881 § 1465; 1860 p 195 § 157; 1854
p 280 § 78.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Application—Effective date—1989 c 333: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or the
support of the state government and its existing public institutions, and shall
take effect immediately [May 11, 1989]. This act shall apply to probate
proceedings that are open on or are commenced after the effective date,
except that section 5 of this act shall apply only to decedents dying after the
effective date." [1989 c 333 § 9.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Publication of legal notices: Chapter 65.16 RCW.
11.40.020 Notice to creditors—Manner—Filings—
Publication. (1) Subject to subsection (2) of this section, a
personal representative may give notice to the creditors of
the decedent, as directed in RCW 11.40.030, announcing the
personal representative’s appointment and requiring that
persons having claims against the decedent present their
claims within the time specified in RCW 11.40.051 or be
forever barred as to claims against the decedent’s probate
and nonprobate assets. If notice is given:
(a) The personal representative shall first file the
original of the notice with the court;
(2002 Ed.)
Claims Against Estate
(b) The personal representative shall then cause the
notice to be published once each week for three successive
weeks in a legal newspaper in the county in which the estate
is being administered, and if the decedent was a Washington
resident, in the county of the decedent’s residence at the
time of death, if different;
(c) The personal representative may, at any time during
the probate proceeding, give actual notice to creditors who
become known to the personal representative by serving the
notice on the creditor or mailing the notice to the creditor at
the creditor’s last known address, by regular first class mail,
postage prepaid; and
(d) The personal representative shall also mail a copy of
the notice, including the decedent’s social security number,
to the state of Washington department of social and health
services office of financial recovery.
The personal representative shall file with the court
proof by affidavit of the giving and publication of the notice.
(2) If the decedent was a resident of the state of
Washington at the time of death and probate proceedings are
commenced in a county other than the county of the
decedent’s residence, then notice to the creditors of the
decedent as directed in RCW 11.40.030 must be filed with
the superior court of the county of the decedent’s residence.
[1999 c 42 § 601; 1997 c 252 § 8; 1974 ex.s. c 117 § 34;
1965 c 145 § 11.40.020. Prior: 1917 c 156 § 108; RRS §
1478; prior: 1883 p 29 § 1; Code 1881 § 1468.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.40.030 Notice to creditors—Form. Notice under
RCW 11.40.020 must contain the following elements in
substantially the following form:
CAPTION
OF CASE
)
)
)
............... )
No.
PROBATE NOTICE TO
CREDITORS
RCW 11.40.030
The personal representative named below has been
appointed as personal representative of this estate. Any
person having a claim against the decedent must, before the
time the claim would be barred by any otherwise applicable
statute of limitations, present the claim in the manner as
provided in RCW 11.40.070 by serving on or mailing to the
personal representative or the personal representative’s attorney at the address stated below a copy of the claim and
filing the original of the claim with the court. The claim
must be presented within the later of: (1) Thirty days after
the personal representative served or mailed the notice to the
creditor as provided under *RCW 11.40.020(3); or (2) four
months after the date of first publication of the notice. If the
claim is not presented within this time frame, the claim is
forever barred, except as otherwise provided in RCW
11.40.051 and 11.40.060. This bar is effective as to claims
against both the decedent’s probate and nonprobate assets.
Date of First
Publication:
(2002 Ed.)
11.40.020
Personal Representative:
Attorney for the Personal Representative:
Address for Mailing or Service:
[1997 c 252 § 9; 1989 c 333 § 7; 1977 ex.s. c 234 § 8; 1974
ex.s. c 117 § 35; 1965 c 145 § 11.40.030. Prior: 1963 c 43
§ 1; 1917 c 156 § 109; RRS § 1479; prior: Code 1881 §
1469; 1873 p 285 § 156; 1854 p 281 § 82.]
Rules of court: SPR 98.08W, 98.10W, 98.12W.
*Reviser’s note: RCW 11.40.020 was amended by 1999 c 42 § 601,
changing subsection (3) to subsection (1)(c).
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application—Effective date—1989 c 333: See note following RCW
11.40.010.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.40.040 "Reasonably ascertainable" creditor—
Definition—Reasonable diligence—Presumptions—
Petition for order. (1) For purposes of RCW 11.40.051, a
"reasonably ascertainable" creditor of the decedent is one
that the personal representative would discover upon exercise
of reasonable diligence. The personal representative is
deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent’s correspondence, including correspondence received after the date of
death, and financial records, including personal financial
statements, loan documents, checkbooks, bank statements,
and income tax returns, that are in the possession of or
reasonably available to the personal representative.
(2) If the personal representative conducts the review,
the personal representative is presumed to have exercised
reasonable diligence to ascertain creditors of the decedent
and any creditor not ascertained in the review is presumed
not reasonably ascertainable within the meaning of RCW
11.40.051. These presumptions may be rebutted only by
clear, cogent, and convincing evidence.
(3) The personal representative may evidence the review
and resulting presumption by filing with the court an
affidavit regarding the facts referred to in this section. The
personal representative may petition the court for an order
declaring that the personal representative has made a review
and that any creditors not known to the personal representative are not reasonably ascertainable. The petition must be
filed under RCW 11.96A.080 and the notice specified under
RCW 11.96A.110 must also be given by publication. [1999
c 42 § 607; 1997 c 252 § 10; 1994 c 221 § 28; 1974 ex.s. c
117 § 36; 1965 c 145 § 11.40.040. Prior: 1917 c 156 §
110; RRS § 1480; prior: Code 1881 § 1470; 1854 p 281 §
83.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Order of payment of debts: RCW 11.76.110.
[Title 11 RCW—page 33]
11.40.051
Title 11 RCW: Probate and Trust Law
11.40.051 Claims against decedent—Time limits.
(1) Whether or not notice is provided under RCW 11.40.020,
a person having a claim against the decedent is forever
barred from making a claim or commencing an action
against the decedent, if the claim or action is not already
barred by an otherwise applicable statute of limitations,
unless the creditor presents the claim in the manner provided
in RCW 11.40.070 within the following time limitations:
(a) If the personal representative provided notice under
*RCW 11.40.020 (1) and (2) and the creditor was given
actual notice as provided in *RCW 11.40.020(3), the creditor
must present the claim within the later of: (i) Thirty days
after the personal representative’s service or mailing of
notice to the creditor; and (ii) four months after the date of
first publication of the notice;
(b) If the personal representative provided notice under
*RCW 11.40.020 (1) and (2) and the creditor was not given
actual notice as provided in *RCW 11.40.020(3):
(i) If the creditor was not reasonably ascertainable, as
defined in RCW 11.40.040, the creditor must present the
claim within four months after the date of first publication
of notice;
(ii) If the creditor was reasonably ascertainable, as
defined in RCW 11.40.040, the creditor must present the
claim within twenty-four months after the decedent’s date of
death; and
(c) If notice was not provided under this chapter or
chapter 11.42 RCW, the creditor must present the claim
within twenty-four months after the decedent’s date of death.
(2) An otherwise applicable statute of limitations applies
without regard to the tolling provisions of RCW 4.16.190.
(3) This bar is effective as to claims against both the
decedent’s probate and nonprobate assets. [1997 c 252 §
11.]
*Reviser’s note: RCW 11.40.020 was amended by 1999 c 42 § 601,
changing subsections (1), (2), and (3) to subsection (1)(a), (b), and (c).
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.060 Claims involving liability or casualty
insurance—Limitations—Exceptions to time limits. The
time limitations for presenting claims under this chapter do
not accrue to the benefit of any liability or casualty insurer.
Claims against the decedent or the decedent’s marital
community that can be fully satisfied by applicable insurance
coverage or proceeds need not be presented within the time
limitation of RCW 11.40.051, but the amount of recovery
cannot exceed the amount of the insurance. The claims may
at any time be presented as provided in RCW 11.40.070,
subject to the otherwise relevant statutes of limitations, and
do not constitute a cloud, lien, or encumbrance upon the title
to the decedent’s probate or nonprobate assets nor delay or
prevent the conclusion of probate proceedings or the transfer
or distribution of assets of the estate. This section does not
serve to extend any otherwise relevant statutes of limitations.
[1997 c 252 § 12; 1974 ex.s. c 117 § 37; 1965 c 145 §
11.40.060. Prior: 1917 c 156 § 112; RRS § 1482; prior:
Code 1881 § 1472; 1873 p 285 § 159; 1869 p 166 § 665;
1854 p 281 § 84.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
[Title 11 RCW—page 34]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.40.070 Claims—Form—Manner of presentation—Waiver of defects. (1) The claimant, the claimant’s
attorney, or the claimant’s agent shall sign the claim and
include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the
claimant, and nature of authority of an agent signing the
claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or
not yet due, the nature of the security, the nature of the
uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d),
or (e) of this subsection, if the failure is not substantially
misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set
forth in RCW 11.40.051 by: (a) Serving on or mailing to,
by regular first class mail, the personal representative or the
personal representative’s attorney a copy of the signed claim;
and (b) filing the original of the signed claim with the court.
A claim is deemed presented upon the later of the date of
postmark or service on the personal representative, or the
personal representative’s attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter,
if a claimant makes a written demand for payment within the
time limits set forth in RCW 11.40.051, the personal
representative may waive formal defects and elect to treat
the demand as a claim properly filed under this chapter if:
(a) The claim was due; (b) the amount paid is the amount of
indebtedness over and above all payments and offsets; (c)
the estate is solvent; and (d) the payment is made in good
faith. Nothing in this chapter limits application of the
doctrines of waiver, estoppel, or detrimental claims or any
other equitable principle. [1997 c 252 § 13; 1965 c 145 §
11.40.070. Prior: 1917 c 156 § 113; RRS § 1483; prior:
Code 1881 § 1473; 1854 p 281 § 85.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.080 Claims—Duty to allow or reject—Notice
of petition to allow—Attorneys’ fees. (1) The personal
representative shall allow or reject all claims presented in the
manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.
(2) If the personal representative has not allowed or
rejected a claim within the later of four months from the
date of first publication of the notice to creditors or thirty
days from presentation of the claim, the claimant may serve
written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the
personal representative fails to notify the claimant of the
allowance or rejection of the claim within twenty days after
the personal representative’s receipt of the claimant’s notice,
the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in
whole or in part. If the court substantially allows the claim,
(2002 Ed.)
Claims Against Estate
the court may allow the petitioner reasonable attorneys’ fees
chargeable against the estate. [1997 c 252 § 14; 1994 c 221
§ 29; 1988 c 64 § 22; 1965 c 145 § 11.40.080. Prior: 1917
c 156 § 114; RRS § 1484; prior: Code 1881 § 1474; 1854
p 281 § 86.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
11.40.090 Allowance of claims—Notice—Automatic
allowance—Petition for extension—Ranking of claims—
Barred claims. (1) If the personal representative allows a
claim, the personal representative shall notify the claimant of
the allowance by personal service or regular first class mail
to the address stated on the claim.
(2) A claim that on its face does not exceed one
thousand dollars presented in the manner provided in RCW
11.40.070 must be deemed allowed and may not thereafter
be rejected unless the personal representative has notified the
claimant of rejection of the claim within the later of six
months from the date of first publication of the notice to
creditors and two months from the personal representative’s
receipt of the claim. The personal representative may
petition for an order extending the period for automatic
allowance of the claims.
(3) Allowed claims must be ranked among the acknowledged debts of the estate to be paid expeditiously in the
course of administration.
(4) A claim may not be allowed if it is barred by a
statute of limitations. [1997 c 252 § 15; 1965 c 145 §
11.40.090. Prior: 1917 c 156 § 115; RRS § 1485; prior:
Code 1881 § 1475; 1854 p 281 § 87.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.100 Rejection of claim—Time limits—
Notice—Compromise of claim. (1) If the personal representative rejects a claim, in whole or in part, the claimant
must bring suit against the personal representative within
thirty days after notification of rejection or the claim is
forever barred. The personal representative shall notify the
claimant of the rejection and file an affidavit with the court
showing the notification and the date of the notification.
The personal representative shall notify the claimant of the
rejection by personal service or certified mail addressed to
the claimant or the claimant’s agent, if applicable, at the
address stated in the claim. The date of service or of the
postmark is the date of notification. The notification must
advise the claimant that the claimant must bring suit in the
proper court against the personal representative within thirty
days after notification of rejection or the claim will be
forever barred.
(2) The personal representative may, before or after
rejection of any claim, compromise the claim, whether due
or not, absolute or contingent, liquidated, or unliquidated, if
it appears to the personal representative that the compromise
is in the best interests of the estate. [1997 c 252 § 16; 1974
ex.s. c 117 § 47; 1965 c 145 § 11.40.100. Prior: 1917 c
156 § 116; RRS § 1486; prior: Code 1881 § 1476; 1854 p
281 § 88.]
(2002 Ed.)
11.40.080
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.40.110 Action pending at decedent’s death—
Personal representative as defendant. If an action is
pending against the decedent at the time of the decedent’s
death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal
representative a petition to have the personal representative
substituted as defendant in the action. Upon hearing on the
petition, the personal representative shall be substituted,
unless, at or before the hearing, the claim of the plaintiff,
together with costs, is allowed. [1997 c 252 § 17; 1974 ex.s.
c 117 § 38; 1965 c 145 § 11.40.110. Prior: 1917 c 156 §
117; RRS § 1487; prior: Code 1881 § 1477; 1854 p 282 §
89.]
Rules of court: SPR 98.08W.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.40.120 Effect of judgment against personal
representative. The effect of any judgment rendered against
a personal representative shall be only to establish the
amount of the judgment as an allowed claim. [1997 c 252
§ 18; 1965 c 145 § 11.40.120. Prior: 1917 c 156 § 118;
RRS § 1488; prior: Code 1881 § 1478; 1854 p 282 § 90.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.130 Judgment against decedent—Execution
barred upon decedent’s death—Presentation—Sale of
property. If a judgment was entered against the decedent
during the decedent’s lifetime, an execution may not issue on
the judgment after the death of the decedent. The judgment
must be presented in the manner provided in RCW
11.40.070, but if the judgment is a lien on any property of
the decedent, the property may be sold for the satisfaction of
the judgment and the officer making the sale shall account
to the personal representative for any surplus. [1997 c 252
§ 19; 1965 c 145 § 11.40.130. Prior: 1917 c 156 § 119;
RRS § 1489; prior: Code 1881 § 1479; 1854 p 292 § 91.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.135 Secured claim—Creditor’s right. If a
creditor’s claim is secured by any property of the decedent,
this chapter does not affect the right of a creditor to realize
on the creditor’s security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070.
[1997 c 252 § 20.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.140 Claim of personal representative—
Presentation and petition—Filing. If the personal representative has a claim against the decedent, the personal
representative must present the claim in the manner provided
in RCW 11.40.070 and petition the court for allowance or
[Title 11 RCW—page 35]
11.40.140
Title 11 RCW: Probate and Trust Law
rejection. The petition must be filed under RCW
11.96A.080. This section applies whether or not the personal representative is acting under nonintervention powers.
[1999 c 42 § 608; 1997 c 252 § 21; 1965 c 145 § 11.40.140.
Prior: 1917 c 156 § 120; RRS § 1490; prior: Code 1881 §
1482; 1854 p 283 § 94.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.40.150 Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by
vacancy. (1) If a personal representative has given notice
under RCW 11.40.020 and then resigns, dies, or is removed,
the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two
successive weeks in the legal newspaper in which notice was
published under RCW 11.40.020 if the vacancy occurred
within twenty-four months after the decedent’s date of death;
and
(b) Provide actual notice of the vacancy and succession
to a creditor if: (i) The creditor filed a claim and the claim
had not been accepted or rejected by the prior personal
representative; or (ii) the creditor’s claim was rejected and
the vacancy occurred within thirty days after rejection of the
claim.
(2) The time between the resignation, death, or removal
and first publication of the vacancy and succession or, in the
case of actual notice, the mailing of the notice of vacancy
and succession must be added to the time within which a
claim must be presented or a suit on a rejected claim must
be filed. This section does not extend the twenty-four month
self-executing bar under RCW 11.40.051. [1997 c 252 § 22;
1965 c 145 § 11.40.150. Prior: 1939 c 26 § 1; 1917 c 156
§ 121; RRS § 1491; prior: 1891 c 155 § 28; Code 1881 §
1485; 1873 p 288 § 172; 1867 p 106 § 3.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.40.160 Personal representative as successor to
notice agent—Notice not affected—Presumptions—Duties.
If a notice agent had commenced nonprobate notice to
creditors under chapter 11.42 RCW, the appointment of the
personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice
to creditors given by the notice agent. The personal representative is presumed to have adopted or ratified all acts of
the notice agent unless, within thirty days of appointment,
the personal representative provides notice of rejection or
nullification to the affected claimant or claimants by personal
service or certified mail addressed to the claimant or
claimant’s agent, if applicable, at the address stated on the
claim. The personal representative shall also provide notice
under RCW 11.42.150. [1997 c 252 § 23.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
[Title 11 RCW—page 36]
Chapter 11.42
SETTLEMENT OF CREDITOR CLAIMS FOR
ESTATES PASSING WITHOUT PROBATE
Sections
11.42.010
11.42.020
11.42.030
11.42.040
11.42.050
11.42.060
11.42.070
11.42.080
11.42.085
11.42.090
11.42.100
11.42.110
11.42.120
11.42.125
11.42.130
11.42.140
11.42.150
Notice agent—Qualifications.
Notice to creditors—Manner—Filings—Publication.
Notice to creditors—Form.
"Reasonably ascertainable" creditor—Definition—
Reasonable diligence—Presumptions—Petition for order.
Claims against decedent—Time limits.
Claims involving liability or casualty insurance—
Limitations—Exceptions to time limits.
Claims—Form—Manner of presentation—Waiver of defects.
Claims—Duty to allow or reject—Notice of petition to allow—Attorneys’ fees.
Property liable for claims—Payment limits.
Allowance of claims—Notice—Payment order.
Rejection of claim—Time limits—Notice—Time limit for
suit—Compromise of claim.
Effect of judgment against notice agent.
Execution barred upon decedent’s death—Presentation—Sale
of property.
Secured claim—Creditor’s right.
Claim of notice agent or beneficiary—Payment.
Notice to creditors when notice agent resigns, dies, or is
removed—Limit tolled by vacancy.
Appointment of personal representative—Cessation of notice
agent powers and authority—Notice not affected—
Personal representative’s powers—Petition for reimbursement for allowance and payment of claims by
notice agent.
11.42.010 Notice agent—Qualifications. (1) Subject
to the conditions stated in this chapter, and if no personal
representative has been appointed in this state, a beneficiary
or trustee who has received or is entitled to receive by
reason of the decedent’s death substantially all of the
decedent’s probate and nonprobate assets, is qualified to give
nonprobate notice to creditors under this chapter.
If no one beneficiary or trustee has received or is
entitled to receive substantially all of the assets, then those
persons, who in the aggregate have received or are entitled
to receive substantially all of the assets, may, under an
agreement under RCW 11.96A.220, appoint a person who is
then qualified to give nonprobate notice to creditors under
this chapter.
(2) A person or group of persons is deemed to have
received substantially all of the decedent’s probate and
nonprobate assets if the person or the group, at the time of
the filing of the declaration and oath referred to in subsection (3) of this section, in reasonable good faith believed
that the person or the group had received, or was entitled to
receive by reason of the decedent’s death, substantially all of
the decedent’s probate and nonprobate assets.
(3)(a) The "notice agent" means the qualified person
who:
(i) Pays a filing fee to the clerk of the superior court in
a county in which probate may be commenced regarding the
decedent, the "notice county", and receives a cause number;
and
(ii) Files a declaration and oath with the clerk.
(b) The declaration and oath must be made in affidavit
form or under penalty of perjury and must state that the
person making the declaration believes in reasonable good
faith that the person is qualified under this chapter to act as
(2002 Ed.)
Settlement of Creditor Claims for Estates Passing Without Probate
the notice agent and that the person will faithfully execute
the duties of the notice agent as provided in this chapter.
(4) The following persons are not qualified to act as
notice agent:
(a) Corporations, trust companies, and national banks,
except: (i) Such entities as are authorized to do trust
business in this state; and (ii) professional service corporations that are regularly organized under the laws of this
state whose shareholder or shareholders are exclusively
attorneys;
(b) Minors;
(c) Persons of unsound mind;
(d) Persons who have been convicted of a felony or of
a misdemeanor involving moral turpitude; and
(e) Persons who have given notice under this chapter
and who thereafter become of unsound mind or are convicted of a felony or misdemeanor involving moral turpitude.
This disqualification does not bar another person, otherwise
qualified, from acting as successor notice agent.
(5) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county
or who is attorney of record for the notice agent upon whom
service of all papers may be made. The appointment must
be made in writing and filed with the court. [1999 c 42 §
609; 1997 c 252 § 24; 1994 c 221 § 31.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.020 Notice to creditors—Manner—Filings—
Publication. (1) The notice agent may give nonprobate
notice to the creditors of the decedent if:
(a) As of the date of the filing of the notice to creditors
with the court, the notice agent has no knowledge of another
person acting as notice agent or of the appointment of a
personal representative in the decedent’s estate in the state
of Washington; and
(b) According to the records of the court as are available on the date of the filing of the notice to creditors, no
cause number regarding the decedent has been issued to any
other notice agent and no personal representative of the
decedent’s estate had been appointed.
(2) The notice agent must give notice to the creditors of
the decedent, as directed in RCW 11.42.030, announcing that
the notice agent has elected to give nonprobate notice to
creditors and requiring that persons having claims against the
decedent present their claims within the time specified in
RCW 11.42.050 or be forever barred as to claims against the
decedent’s probate and nonprobate assets.
(a) The notice agent shall first file the original of the
notice with the court.
(b) The notice agent shall then cause the notice to be
published once each week for three successive weeks in a
legal newspaper in the notice county.
(c) The notice agent may at any time give actual notice
to creditors who become known to the notice agent by
serving the notice on the creditor or mailing the notice to the
creditor at the creditor’s last known address, by regular first
class mail, postage prepaid.
(2002 Ed.)
11.42.010
(d) The notice agent shall also mail a copy of the notice,
including the decedent’s social security number, to the state
of Washington department of social and health services’
office of financial recovery.
The notice agent shall file with the court proof by
affidavit of the giving and publication of the notice. [1997
c 252 § 25; 1995 1st sp.s. c 18 § 59; 1994 c 221 § 32.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.030 Notice to creditors—Form. Notice under
RCW 11.42.020 must contain the following elements in
substantially the following form:
)
)
)
)
)
............... )
CAPTION
OF CASE
No.
NONPROBATE
NOTICE TO CREDITORS
RCW 11.42.030
The notice agent named below has elected to give notice
to creditors of the above-named decedent. As of the date of
the filing of a copy of this notice with the court, the notice
agent has no knowledge of any other person acting as notice
agent or of the appointment of a personal representative of
the decedent’s estate in the state of Washington. According
to the records of the court as are available on the date of the
filing of this notice with the court, a cause number regarding
the decedent has not been issued to any other notice agent
and a personal representative of the decedent’s estate has not
been appointed.
Any person having a claim against the decedent must,
before the time the claim would be barred by any otherwise
applicable statute of limitations, present the claim in the
manner as provided in RCW 11.42.070 by serving on or
mailing to the notice agent or the notice agent’s attorney at
the address stated below a copy of the claim and filing the
original of the claim with the court. The claim must be
presented within the later of: (1) Thirty days after the notice
agent served or mailed the notice to the creditor as provided
under RCW 11.42.020(2)(c); or (2) four months after the
date of first publication of the notice. If the claim is not
presented within this time frame, the claim is forever barred,
except as otherwise provided in RCW 11.42.050 and
11.42.060. This bar is effective as to claims against both the
decedent’s probate and nonprobate assets.
Date of First
Publication:
The notice agent declares under penalty of perjury under
the laws of the state of Washington on
, [year] ,
at
[city]
,
[state]
that the foregoing is true
and correct.
...............
Signature of Notice Agent
Notice Agent:
Attorney for the Notice Agent:
Address for Mailing or Service:
[Title 11 RCW—page 37]
11.42.030
Title 11 RCW: Probate and Trust Law
[1997 c 252 § 26; 1994 c 221 § 33.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.040 "Reasonably ascertainable" creditor—
Definition—Reasonable diligence—Presumptions—
Petition for order. (1) For purposes of RCW 11.42.050, a
"reasonably ascertainable" creditor of the decedent is one
that the notice agent would discover upon exercise of
reasonable diligence. The notice agent is deemed to have
exercised reasonable diligence upon conducting a reasonable
review of the decedent’s correspondence, including correspondence received after the date of death, and financial
records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns,
that are in the possession of or reasonably available to the
notice agent.
(2) If the notice agent conducts the review, the notice
agent is presumed to have exercised reasonable diligence to
ascertain creditors of the decedent and any creditor not
ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.42.050. These
presumptions may be rebutted only by clear, cogent, and
convincing evidence.
(3) The notice agent may evidence the review and
resulting presumption by filing with the court an affidavit
regarding the facts referred to in this section. The notice
agent may petition the court for an order declaring that the
notice agent has made a review and that any creditors not
known to the notice agent are not reasonably ascertainable.
The petition must be filed under RCW 11.96A.080, and the
notice specified under RCW 11.96A.110 must also be given
by publication. [1999 c 42 § 610; 1997 c 252 § 27; 1994 c
221 § 34.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.050 Claims against decedent—Time limits.
(1) If a notice agent provides notice under RCW 11.42.020,
any person having a claim against the decedent is forever
barred from making a claim or commencing an action
against the decedent if the claim or action is not already
barred by an otherwise applicable statute of limitations,
unless the creditor presents the claim in the manner provided
in RCW 11.42.070 within the following time limitations:
(a) If the notice agent provided notice under RCW
11.42.020(2) (a) and (b) and the creditor was given actual
notice as provided in RCW 11.42.020(2)(c), the creditor
must present the claim within the later of: (i) Thirty days
after the notice agent’s service or mailing of notice to the
creditor; and (ii) four months after the date of first publication of the notice;
(b) If the notice agent provided notice under RCW
11.42.020(2) (a) and (b) and the creditor was not given
actual notice as provided in RCW 11.42.020(2)(c):
(i) If the creditor was not reasonably ascertainable, as
defined in RCW 11.42.040, the creditor must present the
[Title 11 RCW—page 38]
claim within four months after the date of first publication
of the notice;
(ii) If the creditor was reasonably ascertainable, as
defined in RCW 11.42.040, the creditor must present the
claim within twenty-four months after the decedent’s date of
death.
(2) Any otherwise applicable statute of limitations
applies without regard to the tolling provisions of RCW
4.16.190.
(3) This bar is effective as to claims against both the
decedent’s probate and nonprobate assets. [1997 c 252 § 28;
1994 c 221 § 35.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.060 Claims involving liability or casualty
insurance—Limitations—Exceptions to time limits. The
time limitations for presenting claims under this chapter do
not accrue to the benefit of any liability or casualty insurer.
Claims against the decedent or the decedent’s marital
community that can be fully satisfied by applicable insurance
coverage or proceeds need not be presented within the time
limitation of RCW 11.42.050, but the amount of recovery
cannot exceed the amount of the insurance. If a notice agent
provides notice under RCW 11.42.020, the claims may at
any time be presented as provided in RCW 11.42.070,
subject to the otherwise relevant statutes of limitations, and
does not constitute a cloud, lien, or encumbrance upon the
title to the decedent’s probate or nonprobate assets nor delay
or prevent the transfer or distribution of the decedent’s
assets. This section does not serve to extend any otherwise
relevant statutes of limitations. [1997 c 252 § 29; 1994 c
221 § 36.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.070 Claims—Form—Manner of presentation—Waiver of defects. (1) The claimant, the claimant’s
attorney, or the claimant’s agent shall sign the claim and
include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the
claimant, and nature of authority of an agent signing the
claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or
not yet due, the nature of the security, the nature of the
uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d),
or (e) of this subsection, if the failure is not substantially
misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set
forth in RCW 11.42.050 by: (a) Serving on or mailing to,
by regular first class mail, the notice agent or the notice
(2002 Ed.)
Settlement of Creditor Claims for Estates Passing Without Probate
agent’s attorney a copy of the signed claim; and (b) filing
the original of the signed claim with the court. A claim is
deemed presented upon the later of the date of postmark or
service on the notice agent, or the notice agent’s attorney,
and filing with the court.
(4) Notwithstanding any other provision of this chapter,
if a claimant makes a written demand for payment within the
time limits set forth in RCW 11.42.050, the notice agent
may waive formal defects and elect to treat the demand as
a claim properly filed under this chapter if: (a) The claim
was due; (b) the amount paid was the amount of indebtedness over and above all payments and offsets; (c) the estate
is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of
waiver, estoppel, or detrimental claims or any other equitable
principle. [1997 c 252 § 30; 1994 c 221 § 37.]
11.42.070
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.42.080 Claims—Duty to allow or reject—Notice
of petition to allow—Attorneys’ fees. (1) The notice agent
shall allow or reject all claims presented in the manner
provided in RCW 11.42.070. The notice agent may allow or
reject a claim, in whole or in part.
(2) If the notice agent has not allowed or rejected a
claim within the later of four months from the date of first
publication of the notice to creditors and thirty days from
presentation of the claim, the claimant may serve written
notice on the notice agent that the claimant will petition the
court to have the claim allowed. If the notice agent fails to
notify the claimant of the allowance or rejection of the claim
within twenty days after the notice agent’s receipt of the
claimant’s notice, the claimant may petition the court for a
hearing to determine whether the claim should be allowed or
rejected, in whole or in part. If the court substantially
allows the claim, the court may allow the petitioner reasonable attorneys’ fees chargeable against the decedent’s assets
received by the notice agent or by those appointing the
notice agent. [1997 c 252 § 31; 1994 c 221 § 38.]
11.42.090 Allowance of claims—Notice—Payment
order. (1) If the notice agent allows a claim, the notice
agent shall notify the claimant of the allowance by personal
service or regular first class mail to the address stated on the
claim. A claim may not be allowed if it is barred by a statute of limitations.
(2) The notice agent shall pay claims allowed in the
following order from the assets of the decedent that are
subject to the payment of claims as provided in RCW
11.42.085:
(a) Costs of administering the assets subject to the
payment of claims, including a reasonable fee to the notice
agent, any resident agent for the notice agent, reasonable
attorneys’ fees for the attorney for each of them, filing fees,
publication costs, mailing costs, and similar costs and fees;
(b) Funeral expenses in a reasonable amount;
(c) Expenses of the last sickness in a reasonable
amount;
(d) Wages due for labor performed within sixty days
immediately preceding the death of the decedent;
(e) Debts having preference by the laws of the United
States;
(f) Taxes, debts, or dues owing to the state;
(g) Judgments rendered against the decedent in the
decedent’s lifetime that are liens upon real estate on which
executions might have been issued at the time of the death
of the decedent and debts secured by mortgages in the order
of their priority; and
(h) All other demands against the assets subject to the
payment of claims.
(3) The notice agent may not pay a claim of the notice
agent or other person who has received property by reason
of the decedent’s death unless all other claims that have been
filed under this chapter, and all debts having priority to the
claim, are paid in full or otherwise settled by agreement,
regardless of whether the other claims are allowed or
rejected. [1997 c 252 § 33; 1994 c 221 § 39.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.085 Property liable for claims—Payment
limits. (1) The decedent’s nonprobate and probate assets
that were subject to the satisfaction of the decedent’s general
liabilities immediately before the decedent’s death are liable
for claims. The decedent’s probate assets may be liable,
whether or not there is a probate administration of the
decedent’s estate.
(2) The notice agent may pay a claim allowed by the
notice agent or a judgment on a claim first prosecuted
against a notice agent only out of assets received as a result
of the death of the decedent by the notice agent or by those
appointing the notice agent, except as may be provided by
agreement under RCW 11.96A.220 or by court order issued
in a judicial proceeding under RCW 11.96A.080. [1999 c 42
§ 611; 1997 c 252 § 32.]
11.42.100 Rejection of claim—Time limits—
Notice—Time limit for suit—Compromise of claim. (1)
If the notice agent rejects a claim, in whole or in part, the
claimant must bring suit against the notice agent within
thirty days after notification of rejection or the claim is
forever barred. The notice agent shall notify the claimant of
the rejection and file an affidavit with the court showing the
notification and the date of the notification. The notice
agent shall notify the claimant of the rejection by personal
service or certified mail addressed to the claimant or
claimant’s agent, if applicable, at the address stated in the
claim. The date of service or of the postmark is the date of
notification. The notification must advise the claimant that
the claimant must bring suit in the proper court against the
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
(2002 Ed.)
[Title 11 RCW—page 39]
11.42.100
Title 11 RCW: Probate and Trust Law
notice agent within thirty days after notification of rejection
or the claim will be forever barred.
(2) If a claimant brings suit against the notice agent on
a rejected claim and the notice agent has not received
substantially all assets of the decedent that are liable for
claims, the notice agent may only make an appearance in the
action and may not answer the action but must cause a
petition to be filed for the appointment of a personal
representative within thirty days after service of the
creditor’s action on the notice agent. Under these circumstances, a judgment may not be entered in an action brought
by a creditor against the notice agent earlier than twenty
days after the personal representative has been substituted in
that action for the notice agent.
(3) The notice agent may, before or after rejection of
any claim, compromise the claim, whether due or not,
absolute or contingent, liquidated, or unliquidated. [1997 c
252 § 34; 1994 c 221 § 40.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.110 Effect of judgment against notice agent.
The effect of a judgment rendered against the notice agent
shall be only to establish the amount of the judgment as an
allowed claim. [1997 c 252 § 35; 1994 c 221 § 41.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.120 Execution barred upon decedent’s
death—Presentation—Sale of property. If a judgment was
entered against the decedent during the decedent’s lifetime,
an execution may not issue on the judgment after the death
of the decedent. If a notice agent is acting, the judgment
must be presented in the manner provided in RCW
11.42.070, but if the judgment is a lien on any property of
the decedent, the property may be sold for the satisfaction of
the judgment and the officer making the sale shall account
to the notice agent for any surplus. [1997 c 252 § 36; 1994
c 221 § 42.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.125 Secured claim—Creditor’s right. If a
creditor’s claim is secured by any property of the decedent,
this chapter does not affect the right of the creditor to realize
on the creditor’s security, whether or not the creditor presented the claim in the manner provided in RCW 11.42.070.
[1997 c 252 § 37.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.42.130 Claim of notice agent or beneficiary—
Payment. A claim of the notice agent or other person who
has received property by reason of the decedent’s death must
be paid as set forth in RCW 11.42.090(3). [1997 c 252 §
38; 1994 c 221 § 43.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.140 Notice to creditors when notice agent
resigns, dies, or is removed—Limit tolled by vacancy. (1)
If a notice agent has given notice under RCW 11.42.020 and
the notice agent resigns, dies, or is removed or a personal
representative is appointed, the successor notice agent or the
personal representative shall:
(a) Publish notice of the vacancy and succession for two
successive weeks in the legal newspaper in which notice was
published under RCW 11.42.020, if the vacancy occurred
within twenty-four months after the decedent’s date of death;
and
(b) Provide actual notice of the vacancy and succession
to a creditor if: (i) The creditor filed a claim and the claim
had not been allowed or rejected by the prior notice agent;
or (ii) the creditor’s claim was rejected and the vacancy
occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal
of the notice agent or appointment of a personal representative and the first publication of the vacancy and succession
or, in the case of actual notice, the mailing of the notice of
vacancy and succession must be added to the time within
which a claim must be presented or a suit on a rejected
claim must be filed. This section does not extend the
twenty-four-month self-executing bar under RCW 11.42.050.
[1997 c 252 § 39; 1994 c 221 § 45.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.42.150 Appointment of personal representative—
Cessation of notice agent powers and authority—Notice
not affected—Personal representative’s powers—Petition
for reimbursement for allowance and payment of claims
by notice agent. (1) The powers and authority of a notice
agent immediately cease, and the office of notice agent
becomes vacant, upon appointment of a personal representative for the estate of the decedent. Except as provided in
RCW 11.42.140(2), the cessation of the powers and authority
does not affect the filing and publication of notice to
creditors and does not affect actual notice to creditors given
by the notice agent.
(2) As set forth in RCW 11.40.160, a personal representative may adopt, ratify, nullify, or reject any actions of the
notice agent.
(3) If a personal representative is appointed and the
personal representative does not nullify the allowance of a
claim that the notice agent allowed and paid, the person or
persons whose assets were used to pay the claim may
petition for reimbursement from the estate to the extent the
payment was not in accordance with chapter 11.10 RCW.
[1997 c 252 § 40; 1994 c 221 § 44.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
[Title 11 RCW—page 40]
(2002 Ed.)
Inventory and Appraisement
Chapter 11.44
INVENTORY AND APPRAISEMENT
Sections
11.44.015
11.44.025
11.44.035
11.44.050
Inventory and appraisement—Filing—Copy distribution.
Additional inventory and appraisement—Copy distribution.
Inventory and appraisement may be contradicted or avoided.
Inventory and appraisement—Failure to return or provide
copy—Revocation of letters.
11.44.070 Persons assisting in appraisement—Compensation—Refund.
11.44.085 Claims against personal representative included.
11.44.090 Discharge of debt—Specific bequest and inclusion in inventory and appraisement.
Partnerships, inventory and appraisement: RCW 11.64.002.
11.44.015 Inventory and appraisement—Filing—
Copy distribution. (1) Within three months after appointment, unless a longer time shall be granted by the court,
every personal representative shall make and verify by
affidavit a true inventory and appraisement of all of the
property of the estate passing under the will or by laws of
intestacy and which shall have come to the personal
representative’s possession or knowledge, including a
statement of all encumbrances, liens, or other secured
charges against any item. The personal representative shall
determine the fair net value, as of the date of the decedent’s
death, of each item contained in the inventory after deducting the encumbrances, liens, and other secured charges on
the item. Such property shall be classified as follows:
(a) Real property, by legal description;
(b) Stocks and bonds;
(c) Mortgages, notes, and other written evidences of
debt;
(d) Bank accounts and money;
(e) Furniture and household goods;
(f) All other personal property accurately identified,
including the decedent’s proportionate share in any partnership, but no inventory of the partnership property shall be
required of the personal representative.
(2) The inventory and appraisement may, but need not
be, filed in the probate cause, but upon receipt of a written
request for a copy of the inventory and appraisement from
any heir, legatee, devisee, unpaid creditor who has filed a
claim, or beneficiary of a nonprobate asset from whom
contribution is sought under RCW 11.18.200, or from the
department of revenue, the personal representative shall
furnish to the person, within ten days of receipt of a request,
a true and correct copy of the inventory and appraisement.
[1997 c 252 § 41; 1967 c 168 § 9; 1965 c 145 § 11.44.015.
Formerly RCW 11.44.010, part and 11.44.020, part.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Inventory and appraisement on death of partner—Filing: RCW 11.64.002.
11.44.025 Additional inventory and appraisement—
Copy distribution. Whenever any property of the estate not
mentioned in the inventory and appraisement comes to the
knowledge of a personal representative, the personal representative shall cause the property to be inventoried and
appraised and shall make and verify by affidavit a true
inventory and appraisement of the property within thirty days
after the discovery thereof, unless a longer time shall be
granted by the court, and shall provide a copy of the
(2002 Ed.)
Chapter 11.44
inventory and appraisement to every person who has
properly requested a copy of the inventory and appraisement
under RCW 11.44.015(2). [1997 c 252 § 42; 1974 ex.s. c
117 § 48; 1965 c 145 § 11.44.025. Prior: 1917 c 156 §
100; RCW 11.44.060; RRS § 1470; prior: Code 1881 §
1453; 1873 p 281 § 138; 1854 p 277 § 64.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.44.035 Inventory and appraisement may be
contradicted or avoided. In an action against the personal
representative where the administration of the estate, or any
part thereof, is put in issue and the inventory and appraisement of the estate by the personal representative is given in
evidence, the same may be contradicted or avoided by
evidence. Any party in interest in the estate may challenge
the inventory and appraisement at any stage of the probate
proceedings. [1997 c 252 § 43; 1965 c 145 § 11.44.035.
Prior: Code 1881 § 721; 1877 p 146 § 725; 1869 p 166 §
662; RCW 11.48.170; RRS § 970.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.44.050 Inventory and appraisement—Failure to
return or provide copy—Revocation of letters. If any
personal representative shall neglect or refuse to make the
inventory and appraisement within the period prescribed, or
within such further time as the court may allow, or to
provide a copy as provided under RCW 11.44.015,
11.44.025, or 11.44.035, the court may revoke the letters
testamentary or of administration; and the personal representative shall be liable on his or her bond to any party interested for the injury sustained by the estate through his or her
neglect. [1997 c 252 § 44; 1965 c 145 § 11.44.050. Prior:
1917 c 156 § 99; RRS § 1469; prior: Code 1881 § 1457;
1873 p 281 § 138; 1854 p 278 § 69.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.44.070 Persons assisting in appraisement—
Compensation—Refund. The personal representative may
employ a qualified and disinterested person to assist in
ascertaining the fair market value as of the date of the
decedent’s death of any asset the value of which may be
subject to reasonable doubt. Different persons may be
employed to appraise different kinds of assets included in the
estate. The amount of the fee to be paid to any persons
assisting the personal representative in any appraisement
shall be determined by the personal representative: PROVIDED HOWEVER, That the reasonableness of any such
compensation shall, at the time of hearing on any final
account as provided in chapter 11.76 RCW or on a request
or petition under RCW 11.68.100 or 11.68.110, be reviewed
by the court in accordance with the provisions of RCW
11.68.100, and if the court determines the compensation to
be unreasonable, a personal representative may be ordered to
make appropriate refund. [1997 c 252 § 45; 1974 ex.s. c
117 § 50; 1967 c 168 § 10; 1965 c 145 § 11.44.070.
Formerly RCW 11.44.010, part.]
[Title 11 RCW—page 41]
11.44.070
Title 11 RCW: Probate and Trust Law
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Effective date—1965 c 145: See RCW 11.99.010.
11.44.085 Claims against personal representative
included. The naming or the appointment of any person as
personal representative shall not operate as a discharge from
any just claim which the testator or intestate had against the
personal representative, but the claim shall be included in the
inventory and appraisement and the personal representative
shall be liable to the same extent as the personal representative would have been had he or she not been appointed
personal representative. [1997 c 252 § 46; 1965 c 145 §
11.44.085. Prior: 1917 c 156 § 97; RCW 11.44.030; RRS
§ 1467; prior: Code 1881 § 1449; 1860 p 63 § 5; 1854 p
277 § 60.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.44.090 Discharge of debt—Specific bequest and
inclusion in inventory and appraisement. The discharge
or bequest in a will of any debt or demand of the testator
against any executor named in the testator’s will or against
any person shall not be valid against the creditors of the
deceased, but shall be construed as a specific bequest of
such debt or demand, and the amount thereof shall be
included in the inventory and appraisement, and shall, if
necessary, be applied in payment of the testator’s debts; if
not necessary for that purpose, it shall be paid in the same
manner and proportions as other specific legacies. [1997 c
252 § 47; 1965 c 145 § 11.44.090. Prior: 1917 c 156 § 98;
RCW 11.44.040; RRS § 1468; prior: Code 1881 § 1450;
1854 p 277 § 61.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Chapter 11.48
PERSONAL REPRESENTATIVES—GENERAL
PROVISIONS—ACTIONS BY AND AGAINST
Sections
11.48.010
11.48.020
11.48.025
11.48.030
11.48.040
11.48.050
11.48.060
11.48.070
11.48.080
11.48.090
11.48.120
11.48.130
11.48.140
11.48.150
11.48.160
11.48.180
11.48.190
11.48.200
General powers and duties.
Right to possession and management of estate.
Continuation of decedent’s business.
Chargeable with whole estate.
Not chargeable on special promise to pay decedent’s debts
unless in writing.
Allowance of necessary expenses.
May recover for embezzled or alienated property of decedent.
Concealed or embezzled property—Proceedings for discovery.
Uncollectible debts—Liability—Purchase of claims by personal representative.
Actions for recovery of property and on contract.
Action on bond of previous personal representative.
Compromise of claims.
Recovery of decedent’s fraudulent conveyances.
Several personal representatives considered as one.
Default judgment not evidence of assets—Exception.
Liability of executor de son tort.
Executor of executor may not sue for estate of first testator.
Arrest and attachment, when, authorized.
[Title 11 RCW—page 42]
11.48.210 Compensation—Attorney’s fees.
Rules of court: Executors
compromises and settlements: SPR 98.08W, 98.10W.
fees, application for, notice: SPR 98.12W.
Costs against fiduciaries: RCW 4.84.150.
District judge without jurisdiction as to actions against personal representative: RCW 3.66.030.
Ejectment and quieting title: Chapter 7.28 RCW.
Evidence, transaction with person since deceased: RCW 5.60.030.
Execution of writ—Levy: RCW 6.17.130.
Execution on judgments in name of personal representative: RCW
6.17.030.
Executor, administrator, subject to garnishment: RCW 6.27.050.
Fiduciary may sue in own name: Rules of court: CR 17.
Frauds, statute of, agreement of personal representative to answer damages
from own estate: RCW 19.36.010.
Investment in certain federal securities authorized: Chapter 39.60 RCW.
Judgment against executor, administrator, effect: RCW 4.56.050.
Larceny: RCW 9A.56.100.
Limitation of actions
against executor, administrator for misconduct: RCW 4.16.110.
generally: Chapter 4.16 RCW.
recovery of realty sold by personal representative: RCW 4.16.070.
statutes tolled by death, personal disability, reversal of judgment: RCW
4.16.190, 4.16.200, 4.16.240.
Real estate broker’s license requirement, exemption: RCW 18.85.110.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Setoff, by and against executors, administrators: RCW 4.32.130, 4.32.140,
4.56.050.
Survival of actions: Chapter 4.20 RCW.
"Taxable person," personal representative defined as: RCW 82.04.030.
Unknown heirs, pleading, lis pendens, etc: RCW 4.28.140 through
4.28.160; Rules of court: CR 10.
Witnesses, competency in actions involving representatives or fiduciaries:
RCW 5.60.030.
11.48.010 General powers and duties. It shall be the
duty of every personal representative to settle the estate,
including the administration of any nonprobate assets within
control of the personal representative under RCW 11.18.200,
in his or her hands as rapidly and as quickly as possible,
without sacrifice to the probate or nonprobate estate. The
personal representative shall collect all debts due the
deceased and pay all debts as hereinafter provided. The
personal representative shall be authorized in his or her own
name to maintain and prosecute such actions as pertain to
the management and settlement of the estate, and may
institute suit to collect any debts due the estate or to recover
any property, real or personal, or for trespass of any kind or
character. [1994 c 221 § 30; 1965 c 145 § 11.48.010. Prior:
1917 c 156 § 147; RRS § 1517; prior: Code 1881 § 1528;
1854 p 291 § 141.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
11.48.020 Right to possession and management of
estate. Every personal representative shall, after having
qualified, by giving bond as hereinbefore provided, have a
right to the immediate possession of all the real as well as
personal estate of the deceased, and may receive the rents
and profits of the real estate until the estate shall be settled
or delivered over, by order of the court, to the heirs or
devisees, and shall keep in tenantable repair all houses,
buildings and fixtures thereon, which are under his control.
(2002 Ed.)
Personal Representatives—General Provisions—Actions by and Against
[1965 c 145 § 11.48.020. Prior: 1917 c 156 § 94; RRS §
1464; prior: Code 1881 § 1444; 1860 p 189 § 132; 1854 p
278 § 65.]
When title vests: RCW 11.04.250.
11.48.025 Continuation of decedent’s business.
Upon a showing of advantage to the estate the court may
authorize a personal representative to continue any business
of the decedent, other than the business of a partnership of
which the decedent was a member: PROVIDED, That if
decedent left a nonintervention will or a will specifically
authorizing a personal representative to continue any
business of decedent, and his estate is solvent, or a will
providing that the personal representative liquidate any
business of decedent, this section shall not apply.
The order shall specify:
(1) The extent of the authority of the personal representative to incur liabilities;
(2) The period of time during which he may operate the
business;
(3) Any additional provisions or restrictions which the
court may, at its discretion, include.
Any interested person may for good cause require the
personal representative to show cause why the authority
granted him should not be limited or terminated. The order
to show cause shall set forth the manner of service thereof
and the time and place of hearing thereon. [1965 c 145 §
11.48.025. Prior: 1955 c 98 § 1.]
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.48.030 Chargeable with whole estate. Every
personal representative shall be chargeable in his accounts
with the whole estate of the deceased which may come into
his possession. He shall not be responsible for loss or
decrease or destruction of any of the property or effects of
the estate, without his fault. [1965 c 145 § 11.48.030.
Prior: 1917 c 156 § 155; RRS § 1525; prior: Code 1881 §
1538; 1860 p 210 § 241; 1854 p 295 § 161.]
11.48.040 Not chargeable on special promise to pay
decedent’s debts unless in writing. No personal representative shall be chargeable upon any special promise to
answer damages, or to pay the debts of the testator or
intestate out of his own estate, unless the agreement for that
purpose, or some memorandum or note thereof, is in writing
and signed by such personal representative, or by some other
person by him thereunto specially authorized. [1965 c 145
§ 11.48.040. Prior: 1917 c 156 § 154; RRS § 1524; prior:
Code 1881 § 1537; 1854 p 295 § 160.]
Agreement to answer damages from own estate must be in writing: RCW
19.36.010.
11.48.050 Allowance of necessary expenses. He
shall be allowed all necessary expenses in the care, management and settlement of the estate. [1965 c 145 § 11.48.050.
Prior: 1917 c 156 § 156; RRS § 1526; prior: Code 1881 §
1541; 1854 p 295 § 164.]
Rules of court: SPR 98.12W.
Attorney’s fee to contestant of erroneous account or report: RCW
11.76.070.
(2002 Ed.)
11.48.020
Broker’s fee and closing expenses—Sale, mortgage or lease: RCW
11.56.265.
Compensation—Attorney’s fee: RCW 11.48.210.
Monument, expense of: RCW 11.76.130.
Order of payment of debts: RCW 11.76.110.
Will contests, costs: RCW 11.24.050.
11.48.060 May recover for embezzled or alienated
property of decedent. If any person, before the granting of
letters testamentary or of administration, shall embezzle or
alienate any of the moneys, goods, chattels, or effects of any
deceased person, he shall stand chargeable, and be liable to
the personal representative of the estate, in the value of the
property so embezzled or alienated, together with any
damage occasioned thereby, to be recovered for the benefit
of the estate. [1965 c 145 § 11.48.060. Prior: 1917 c 156
§ 101; RRS § 1471; prior: Code 1881 § 1455; 1854 p 278
§ 67.]
Larceny: RCW 9A.56.100.
11.48.070 Concealed or embezzled property—
Proceedings for discovery. The court shall have authority
to bring before it any person or persons suspected of having
in his possession or having concealed, embezzled, conveyed
or disposed of any of the property of the estate of decedents
or incompetents subject to administration under this title, or
who has in his possession or within his knowledge any
conveyances, bonds, contracts, or other writings which
contain evidence of or may tend to establish the right, title,
interest or claim of the deceased in and to any property. If
such person be not in the county in which the letters were
granted, he may be cited and examined either before the
court of the county where found or before the court issuing
the order of citation, and if he be found innocent of the
charges he shall be entitled to recover costs of the estate,
which costs shall be fees and mileage of witnesses, statutory
attorney’s fees, and such per diem and mileage for the
person so charged as allowed to witnesses in civil proceedings. Such party may be brought before the court by means
of citation such as the court may choose to issue, and if he
refuse to answer such interrogatories as may be put to him
touching such matters, the court may commit him to the
county jail, there to remain until he shall be willing to make
such answers. [1965 c 145 § 11.48.070. Prior: 1917 c 156
§ 102; RRS § 1472; prior: 1891 p 385 §§ 22, 23; Code
1881 §§ 1456, 1457; 1854 p 278 §§ 68, 69.]
Guardianship—Concealed or embezzled property—Proceedings for
discovery: RCW 11.92.185.
Larceny: RCW 9A.56.100.
11.48.080 Uncollectible debts—Liability—Purchase
of claims by personal representative. No personal representative shall be accountable for any debts due the estate,
if it shall appear that they remain uncollected without his
fault. No personal representative shall purchase any claim
against the estate he represents, but the personal representative may make application to the court for permission to
purchase certain claims, and if it appears to the court to be
for the benefit of the estate that such purchase shall be
made, the court may make an order allowing such claims
and directing that the same may be purchased by the
[Title 11 RCW—page 43]
11.48.080
Title 11 RCW: Probate and Trust Law
personal representative under such terms as the court shall
order, and such claims shall thereafter be paid as are other
claims, but the personal representative shall not profit
thereby. [1965 c 145 § 11.48.080. Prior: 1917 c 156 §
157; RRS § 1527; prior: Code 1881 § 1540; 1854 p 295 §
163.]
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.48.090 Actions for recovery of property and on
contract. Actions for the recovery of any property or for
the possession thereof, and all actions founded upon contracts, may be maintained by and against personal representatives in all cases in which the same might have been
maintained by and against their respective testators or
intestates. [1965 c 145 § 11.48.090. Prior: 1917 c 156 §
148; RRS § 1518; prior: Code 1881 § 1529; 1860 p 206 §
222; 1854 p 291 § 142.]
Performance of decedent’s contracts: Chapter 11.60 RCW.
Survival of actions: Chapter 4.20 RCW.
11.48.120 Action on bond of previous personal
representative. Any personal representative may in his own
name, for the benefit of all parties interested in the estate,
maintain actions on the bond of a former personal representative of the same estate. [1965 c 145 § 11.48.120. Prior:
1917 c 156 § 151; RRS § 1521; prior: Code 1881 § 1532;
1854 p 291 § 145.]
11.48.130 Compromise of claims. The court may
authorize the personal representative, without the necessary
nonintervention powers, to compromise and compound any
claim owing the estate. Unless the court has restricted the
power to compromise or compound claims owing to the
estate, a personal representative with nonintervention powers
may compromise and compound a claim owing the estate
without the intervention of the court. [1997 c 252 § 58;
1965 c 145 § 11.48.130. Prior: 1917 c 156 § 152; RRS §
1522; prior: Code 1881 § 1533; 1854 p 291 § 146.]
Rules of court: SPR 98.08W.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.48.140 Recovery of decedent’s fraudulent
conveyances. When there shall be a deficiency of assets in
the hands of a personal representative, and when the deceased shall in his lifetime have conveyed any real estate, or
any rights, or interest therein, with intent to defraud his
creditors or to avoid any right, duty or debt of any person,
or shall have so conveyed such estate, which deeds or
conveyances by law are void as against creditors, the
personal representative may, and it shall be his duty to,
commence and prosecute to final judgment any proper action
for the recovery of the same, and may recover for the benefit
of the creditors all such real estate so fraudulently conveyed,
and may also, for the benefit of the creditors, sue and
recover all goods, chattels, rights and credits which may
have been so fraudulently conveyed by the deceased in his
lifetime, whatever may have been the manner of such
fraudulent conveyance. [1965 c 145 § 11.48.140. Prior:
[Title 11 RCW—page 44]
1917 c 156 § 153; prior: Code 1881 § 1534; 1854 p 291 §
147.]
11.48.150 Several personal representatives considered as one. In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given
and execution issued against all of them who are defendants
in the action. [1965 c 145 § 11.48.150. Prior: Code 1881
§ 719; 1877 p 146 § 723; 1869 p 165 § 660; RRS § 968.]
11.48.160 Default judgment not evidence of assets—
Exception. When a judgment is given against a personal
representative for want of answer, such judgment is not to be
deemed evidence of assets in his hands, unless it appear that
the complaint alleged assets and that the notice was served
upon him. [1965 c 145 § 11.48.160. Prior: Code 1881 §
720; 1877 p 146 § 724; 1869 p 166 § 661; RRS § 969.]
11.48.180 Liability of executor de son tort. No
person is liable to an action as executor of his own wrong
for having taken, received or interfered with the property of
a deceased person, but is responsible to the personal representatives of such deceased person for the value of all
property so taken or received, and for all injury caused by
his interference with the estate of the deceased. [1965 c 145
§ 11.48.180. Prior: Code 1881 § 722; 1877 p 146 § 726;
1869 p 166 § 663; RRS § 971.]
11.48.190 Executor of executor may not sue for
estate of first testator. An executor of an executor has no
authority as such to commence or maintain an action or
proceeding relating to the estate of the testator of the first
executor, or to take any charge or control thereof. [1965 c
145 § 11.48.190. Prior: Code 1881 § 723; 1877 p 147 §
727; 1869 p 166 § 664; RRS § 972.]
Administrator with will annexed on death of executor: RCW 11.28.060.
11.48.200 Arrest and attachment, when, authorized.
In an action against a personal representative as such, the
remedies of arrest and attachment shall not be allowed on
account of the acts of his testator or intestate, but for his
own acts as such personal representative, such remedies shall
be allowed for the same causes in the manner and with like
effect as in actions at law generally. [1965 c 145 §
11.48.200. Prior: Code 1881 § 724; 1877 p 147 § 729;
1869 p 167 § 666; RRS § 973.]
11.48.210 Compensation—Attorney’s fees. If
testator by will makes provision for the compensation of his
personal representative, that shall be taken as his full
compensation unless he files in the court a written instrument renouncing all claim for the compensation provided by
the will before qualifying as personal representative. The
personal representative, when no compensation is provided
in the will, or when he renounces all claim to the compensation provided in the will, shall be allowed such compensation for his services as the court shall deem just and reasonable. Additional compensation may be allowed for his
services as attorney and for other services not required of a
(2002 Ed.)
Personal Representatives—General Provisions—Actions by and Against
personal representative. An attorney performing services for
the estate at the instance of the personal representative shall
have such compensation therefor out of the estate as the
court shall deem just and reasonable. Such compensation
may be allowed at the final account; but at any time during
administration a personal representative or his attorney may
apply to the court for an allowance upon the compensation
of the personal representative and upon attorney’s fees. If
the court finds that the personal representative has failed to
discharge his duties as such in any respect, it may deny him
any compensation whatsoever or may reduce the compensation which would otherwise be allowed. [1965 c 145 §
11.48.210. Prior: 1917 c 156 § 158; RRS § 1528; prior:
Code 1881 § 1541; 1854 p 295 § 164.]
Rules of court: SPR 98.12W.
Allowance of necessary expenses: RCW 11.48.050.
Will contests, costs: RCW 11.24.050.
Chapter 11.54
FAMILY SUPPORT AND POSTDEATH
CREDITOR’S CLAIM EXEMPTIONS
Sections
11.54.010
11.54.020
11.54.030
11.54.040
11.54.050
11.54.060
11.54.070
11.54.080
11.54.090
11.54.100
Award to surviving spouse or children—Petition.
Amount of basic award.
Conditions to award.
Increase in amount of award—Factors for consideration.
Decrease in amount of award—Factors for consideration.
Priority of awarded property—Effect of purchase or encumbrance on property.
Immunity of award from debts and claims of creditors.
Exemption of additional assets from claims of creditors—
Petition—Notice—Court order.
Venue for petition—Petition and hearing requirements—
Notice of hearing.
Exhaustion of estate—Closure of estate—Discharge of personal representative.
11.54.010 Award to surviving spouse or children—
Petition. (1) Subject to RCW 11.54.030, the surviving
spouse of a decedent may petition the court for an award
from the property of the decedent. If the decedent is
survived by children of the decedent who are not also the
children of the surviving spouse, on petition of such a child
the court may divide the award between the surviving spouse
and all or any of such children as it deems appropriate. If
there is not a surviving spouse, the minor children of the
decedent may petition for an award.
(2) The award may be made from either the community
property or separate property of the decedent. Unless
otherwise ordered by the court, the probate and nonprobate
assets of the decedent abate in accordance with chapter 11.10
RCW in satisfaction of the award.
(3) The award may be made whether or not probate
proceedings have been commenced in the state of Washington. The court may not make this award unless the petition
for the award is filed before the earliest of:
(a) Eighteen months from the date of the decedent’s
death if within twelve months of the decedent’s death either:
(i) A personal representative has been appointed; or
(ii) A notice agent has filed a declaration and oath as
required in RCW 11.42.010(3)(a)(ii); or
(2002 Ed.)
11.48.210
(b) The termination of any probate proceeding for the
decedent’s estate that has been commenced in the state of
Washington; or
(c) Six years from the date of the death of the decedent.
[1997 c 252 § 48.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.020 Amount of basic award. The amount of
the basic award shall be the amount specified in RCW
6.13.030(2) with regard to lands. If an award is divided
between a surviving spouse and the decedent’s children who
are not the children of the surviving spouse, the aggregate
amount awarded to all the claimants under this section shall
be the amount specified in RCW 6.13.030(2) with respect to
lands. The amount of the basic award may be increased or
decreased in accordance with RCW 11.54.040 and 11.54.050.
[1997 c 252 § 49.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.030 Conditions to award. (1) The court may
not make an award unless the court finds that the funeral
expenses, expenses of last sickness, and expenses of administration have been paid or provided for.
(2) The court may not make an award to a surviving
spouse or child who has participated, either as a principal or
as an accessory before the fact, in the willful and unlawful
killing of the decedent. [1997 c 252 § 50.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.040 Increase in amount of award—Factors
for consideration. (1) If it is demonstrated to the satisfaction of the court with clear, cogent, and convincing evidence
that a claimant’s present and reasonably anticipated future
needs during the pendency of any probate proceedings in the
state of Washington with respect to basic maintenance and
support will not otherwise be provided for from other
resources, and that the award would not be inconsistent with
the decedent’s intentions, the amount of the award may be
increased in an amount the court determines to be appropriate.
(2) In determining the needs of the claimant, the court
shall consider, without limitation, the resources available to
the claimant and the claimant’s dependents, and the resources reasonably expected to be available to the claimant and
the claimant’s dependents during the pendency of the
probate, including income related to present or future
employment and benefits flowing from the decedent’s
probate and nonprobate estate.
(3) In determining the intentions of the decedent, the
court shall consider, without limitation:
(a) Provisions made for the claimant by the decedent
under the terms of the decedent’s will or otherwise;
(b) Provisions made for third parties or other entities
under the decedent’s will or otherwise that would be affected
by an increased award;
(c) If the claimant is the surviving spouse, the duration
and status of the marriage of the decedent to the claimant at
the time of the decedent’s death;
[Title 11 RCW—page 45]
11.54.040
Title 11 RCW: Probate and Trust Law
(d) The effect of any award on the availability of any
other resources or benefits to the claimant;
(e) The size and nature of the decedent’s estate; and
(f) Oral or written statements made by the decedent that
are otherwise admissible as evidence.
The fact that the decedent has named beneficiaries other
than the claimant as recipients of the decedent’s estate is not
of itself adequate to evidence such an intent as would
prevent the award of an amount in excess of that provided
for in RCW 6.13.030(2) with respect to lands.
(4)(a) A petition for an increased award may only be
made if a petition for an award has been granted under RCW
11.54.010. The request for an increased award may be made
in conjunction with the petition for an award under RCW
11.54.010.
(b) Subject to (a) of this subsection, a request for an increased award may be made at any time during the pendency
of the probate proceedings. A request to modify an increased award may also be made at any time during the
pendency of the probate proceedings by a person having an
interest in the decedent’s estate that will be directly affected
by the requested modification. [1997 c 252 § 51.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.050 Decrease in amount of award—Factors
for consideration. (1) The court may decrease the amount
of the award below the amount provided in RCW 11.54.020
in the exercise of its discretion if the recipient is entitled to
receive probate or nonprobate property, including insurance,
by reason of the death of the decedent. In such a case the
award must be decreased by no more than the value of such
other property as is received by reason of the death of the
decedent. The court shall consider the factors presented in
RCW 11.54.040(2) in determining the propriety of the award
and the proper amount of the award, if any.
(2) An award to a surviving spouse is also discretionary
and the amount otherwise allowable may be reduced if: (a)
The decedent is survived by children who are not the
children of the surviving spouse and the award would
decrease amounts otherwise distributable to such children; or
(b) the award would have the effect of reducing amounts
otherwise distributable to any of the decedent’s minor children. In either case the court shall consider the factors
presented in RCW 11.54.040 (2) and (3) and whether the
needs of the minor children with respect to basic maintenance and support are and will be adequately provided for,
both during and after the pendency of any probate proceedings if such proceedings are pending, considering support
from any source, including support from the surviving
spouse. [1997 c 252 § 52.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.060 Priority of awarded property—Effect of
purchase or encumbrance on property. (1) The award has
priority over all other claims made in the estate. In determining which assets must be made available to satisfy the
award, the claimant is to be treated as a general creditor of
the estate, and unless otherwise ordered by the court the
[Title 11 RCW—page 46]
assets shall abate in satisfaction of the award in accordance
with chapter 11.10 RCW.
(2) If the property awarded is being purchased on
contract or is subject to any encumbrance, for purposes of
the award the property must be valued net of the balance due
on the contract and the amount of the encumbrance. The
property awarded will continue to be subject to any such
contract or encumbrance, and any award in excess of the
basic award under RCW 11.54.010, whether of community
property or the decedent’s separate property, is not immune
from any lien for costs of medical expenses recoverable
under RCW 43.20B.080. [1997 c 252 § 53.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.070 Immunity of award from debts and
claims of creditors. (1) Except as provided in RCW
11.54.060(2), property awarded and cash paid under this
chapter is immune from all debts, including judgments and
judgment liens, of the decedent and of the surviving spouse
existing at the time of death.
(2) Both the decedent’s and the surviving spouse’s
interests in any community property awarded to the spouse
under this chapter are immune from the claims of creditors.
[1998 c 292 § 201; 1997 c 252 § 54.]
Retroactive application—1998 c 292: "(1) Sections 201 through 205
of this act are remedial in nature and apply retroactively to July 27, 1997,
and thereafter.
(2) Section 301 of this act is remedial in nature and applies retroactively to July 1, 1991, and thereafter." [1998 c 292 § 604.]
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.080 Exemption of additional assets from
claims of creditors—Petition—Notice—Court order. (1)
This section applies if the party entitled to petition for an
award holds exempt property that is in an aggregate amount
less than that specified in RCW 6.13.030(2) with respect to
lands.
(2) For purposes of this section, the party entitled to
petition for an award is referred to as the "claimant." If
multiple parties are entitled to petition for an award, all of
them are deemed a "claimant" and may petition for an
exemption of additional assets as provided in this section, if
the aggregate amount of exempt property to be held by all
the claimants after the making of the award does not exceed
the amount specified in RCW 6.13.030(2) with respect to
lands.
(3) A claimant may petition the court for an order
exempting other assets from the claims of creditors so that
the aggregate amount of exempt property held by the claimants equals the amount specified in RCW 6.13.030(2) with
respect to lands. The petition must:
(a) Set forth facts to establish that the petitioner is entitled to petition for an award under RCW 11.54.010;
(b) State the nature and value of those assets then held
by all claimants that are exempt from the claims of creditors;
and
(2002 Ed.)
Family Support and Postdeath Creditor’s Claim Exemptions
(c) Describe the nonexempt assets then held by the
claimants, including any interest the claimants may have in
any probate or nonprobate property of the decedent.
(4) Notice of a petition for an order exempting assets
from the claims of creditors must be given in accordance
with RCW 11.96A.110.
(5) At the hearing on the petition, the court shall order
that certain assets of the claimants are exempt from the
claims of creditors so that the aggregate amount of exempt
property held by the claimants after the entry of the order is
in the amount specified in RCW 6.13.030(2) with respect to
lands. In the order the court shall designate those assets of
the claimants that are so exempt. [1999 c 42 § 612; 1997 c
252 § 55.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.090 Venue for petition—Petition and hearing
requirements—Notice of hearing. The petition for an
award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized
by this chapter must be made to the court of the county in
which the probate is being administered. If probate proceedings have not been commenced in the state of Washington,
the petition must be made to the court of a county in which
the decedent was domiciled at the time of death. If the
decedent was not domiciled in the state of Washington at the
time of death, the petition may be made to the court of any
county in which the decedent’s estate could be administered
under RCW 11.96A.050. The petition and the hearing must
conform to RCW 11.96A.080 through 11.96A.200. Notice
of the hearing on the petition must be given in accordance
with RCW 11.96A.110. [1999 c 42 § 613; 1997 c 252 §
56.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.54.100 Exhaustion of estate—Closure of estate—
Discharge of personal representative. If an award provided by this chapter will exhaust the estate, and probate
proceedings have been commenced in the state of Washington, the court in the order of award or allowance shall order
the estate closed, discharge the personal representative, and
exonerate the personal representative’s bond, if any. [1997
c 252 § 57.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Chapter 11.56
SALES, EXCHANGES, LEASES, MORTGAGES,
AND BORROWING
Sections
11.56.005
11.56.010
11.56.020
11.56.030
(2002 Ed.)
Authority to exchange.
Authority to sell, lease or mortgage.
Sale, lease or mortgage of personal property.
Sale, lease or mortgage of real estate—Petition—Notice—
Hearing.
11.54.080
11.56.040
11.56.045
11.56.050
11.56.060
11.56.070
11.56.080
11.56.090
Order directing mortgage.
Order directing lease.
Order directing sale.
Public sales—Notice.
Postponement, adjournment of sale—Notice.
Private sales of realty—Notice—Bids.
Minimum price—Private sale—Sale by negotiation—
Reappraisement.
11.56.100 Confirmation of sale—Approval—Resale.
11.56.110 Offer of increased bid—Duty of court.
11.56.115 Effect of confirmation.
11.56.120 Conveyance after confirmation of sale.
11.56.180 Sale of decedent’s contract interest in land.
11.56.210 Assignment of decedent’s contract.
11.56.220 Redemption of decedent’s mortgaged estate.
11.56.230 Sale or mortgage to effect redemption.
11.56.240 Sale of mortgaged property if redemption inexpedient.
11.56.250 Sales directed by will.
11.56.265 Broker’s fee and closing expenses—Sale, mortgage or lease.
11.56.280 Borrowing on general credit of estate—Petition—Notice—
Hearing.
Limitation of actions, recovery of realty sold by executor or administrator:
RCW 4.16.070.
Registered land, probate may direct sale or mortgage of: RCW 65.12.590.
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
Sale of property to pay estate and transfer taxes: RCW 83.100.110.
11.56.005 Authority to exchange. Whenever it shall
appear upon the petition of the personal representative or of
any person interested in the estate to be to the best interests
of the estate to exchange any real or personal property of the
estate for other property, the court may authorize the
exchange upon such terms and conditions as it may prescribe, which include the payment or receipt of part cash by
the personal representative. If personal property of the estate
is to be exchanged, the procedure required by this chapter
for the sale of such property shall apply so far as may be; if
real property of the estate is to be exchanged, the procedure
required by this chapter for the sale of such property shall
apply so far as may be. [1965 c 145 § 11.56.005.]
11.56.010 Authority to sell, lease or mortgage. The
court may order real or personal property sold, leased or
mortgaged for the purposes hereinafter mentioned but no
sale, lease or mortgage of any property of an estate shall be
made except under an order of the court, unless otherwise
provided by law. [1965 c 145 § 11.56.010. Prior: 1917 c
156 § 122; RRS § 1492; prior: 1895 c 157 § 1; 1883 p 29
§ 1; Code 1881 § 1486; 1854 p 284 § 97.]
11.56.020 Sale, lease or mortgage of personal
property. The court may at any time order any personal
property, including for purposes of this section a vendor’s
interest in a contract for the sale of real estate, of the estate
sold for the preservation of such property or for the payment
of the debts of the estate or the expenses of administration
or for the purpose of discharging any obligation of the estate
or for any other reason which may to the court seem right
and proper, and such order may be made either upon or
without petition therefor, and such sales may be either at
public or private sale or by negotiation and with or without
notice of such sale, as the court may determine, and upon
such terms and conditions as the court may decide upon. No
notice of petition for sale of any personal property need be
[Title 11 RCW—page 47]
11.56.020
Title 11 RCW: Probate and Trust Law
given, except as provided in RCW 11.28.240, unless the
court expressly orders such notice.
Where personal property is sold prior to appraisement,
the sale price shall be deemed the value for appraisal.
Personal property may be mortgaged, pledged or leased for
the same reasons and purposes, and in the same manner as
is hereinafter provided for real property. [1965 c 145 §
11.56.020. Prior: (i) 1917 c 156 § 123; RRS § 1493; prior:
1891 c 155 §§ 29, 30; 1883 p 29 § 1; Code 1881 § 1488;
1854 p 284 § 99. (ii) 1955 c 205 § 12; RCW 11.56.025.]
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Payment of claims where estate insufficient: RCW 11.76.150.
Performance of decedent’s contracts: Chapter 11.60 RCW.
Sale of decedent’s contract interest in land: RCW 11.56.180.
11.56.030 Sale, lease or mortgage of real estate—
Petition—Notice—Hearing. Whenever it shall appear to
the satisfaction of the court that any portion or all of the real
property should be sold, mortgaged or leased for the purpose
of raising money to pay the debts and obligations of the
estate, and the expenses of administration, estate taxes, or for
the support of the family, to make distribution, or for such
other purposes as the court may deem right and proper, the
court may order the sale, lease or mortgage of such portion
of the property as appears to the court necessary for the
purpose aforesaid. It shall be the duty of the personal
representative to present a petition to the court giving a
description of all the property of the estate and its character,
the amount of the debts, expenses and obligations of the
estate and such other things as will tend to assist the court
in determining the necessity for the sale, lease or mortgage
and the amount thereof. Unless the court shall by order expressly so provide, no notice of the hearing of such petition
for sale, lease or mortgage need be given, except as provided
in RCW 11.28.240 hereof; if, however, the court should
order notice of such hearing, it shall determine upon the
kind, character and time thereof. At the hearing of such
petition the court may have brought before it such testimony
or information as it may see fit to receive, for the purpose of
determining whether it should order any of the property of
the estate sold, leased or mortgaged. The absence of any
allegation in the petition shall not deprive the court of
jurisdiction to order said sale, lease or mortgage, and the
court may, if it see fit, order such sale, lease or mortgage
without any petition having been previously presented.
[1990 c 180 § 2; 1965 c 145 § 11.56.030. Prior: 1937 c 28
§ 3; 1917 c 156 § 124; RRS § 1494; prior: Code 1881 §
1493; 1854 p 285 § 103.]
11.56.040 Order directing mortgage. If the court
should determine that it is necessary or proper, for any of
the said purposes, to mortgage any or all of said property, it
may make an order directing the personal representative to
mortgage such thereof as it may determine upon, and such
order shall contain the terms and conditions of such transaction and authorize the personal representative to execute and
deliver his note or notes and secure the same by mortgage,
and thereafter it shall be the duty of such personal representative to comply with such order. The personal representative shall not deliver any such note, mortgage or other
[Title 11 RCW—page 48]
evidence of indebtedness until he has first presented same to
the court and obtained its approval of the form. Every
mortgage so made and approved shall be effectual to
mortgage and encumber all the right, title and interest of the
said estate in the property described therein at the time of
the death of the said decedent, or acquired by his estate, and
no irregularity in the proceedings shall impair or invalidate
any mortgage given under such order of the court and
approved by it. [1965 c 145 § 11.56.040. Prior: 1917 c
156 § 125; RRS § 1495; prior: Code 1881 § 1494; 1854 p
285 § 104.]
11.56.045 Order directing lease. If the court should
determine that it is necessary or proper, for any of the said
purposes to lease any or all of said property, it may make an
order directing the personal representative to lease such
thereof as it may determine upon, and such order shall
contain the terms and conditions of such transaction and
authorize the personal representative to execute the lease and
thereafter it shall be the duty of the personal representative
to comply with such order. The personal representative shall
not execute such lease until he has first presented the same
to the court and obtained its approval of the form. [1965 c
145 § 11.56.045.]
11.56.050 Order directing sale. If the court should
determine that it is necessary to sell any or all of the real
estate for the purposes mentioned in this title, then it may
make and cause to be entered an order directing the personal
representative to sell so much of the real estate as the court
may determine necessary for the purposes aforesaid. Such
order shall give a particular description of the property to be
sold and the terms of such sale and shall provide whether
such property shall be sold at public or private sale, or by
negotiation. After the giving of such order it shall be the
duty of the personal representative to sell such real estate in
accordance with the order of the court and as in this title
provided with reference to the public or private sales of real
estate. [1994 c 221 § 49; 1965 c 145 § 11.56.050. Prior:
1917 c 156 § 126; RRS § 1496; prior: Code 1881 § 1494;
1854 p 285 § 104.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Abatement of assets: Chapter 11.10 RCW.
11.56.060 Public sales—Notice. When real property
is directed to be sold by public sale, notice of the time and
place of such sale shall be published in a legal newspaper of
the county in which the estate is being administered, once
each week for three successive weeks before such sale, in
which notices the property ordered sold shall be described
with proper certainty: PROVIDED, That where real property is located in a county other than the county in which the
estate is being administered, publication shall also be made
in a legal newspaper of that county. At the time and place
named in such notices for the said sale, the personal representative shall proceed to sell the property upon the terms
and conditions ordered by the court, and to the highest and
best bidder. All sales of real estate at public sale shall be
made at the front door of the court house of the county in
which the lands are, unless the court shall by order otherwise
direct. [1965 c 145 § 11.56.060. Prior: 1917 c 156 § 127;
(2002 Ed.)
Sales, Exchanges, Leases, Mortgages, and Borrowing
RRS § 1497; prior: 1888 p 187 § 1; Code 1881 § 1504;
1854 p 287 § 114.]
11.56.070 Postponement, adjournment of sale—
Notice. The personal representative, should he deem it for
the best interests of all concerned, may postpone such sale
to a time fixed but not to exceed twenty days, and such postponement shall be made by proclamation of the personal
representative at the time and place first appointed for the
sale; if there be an adjournment of such sale for more than
three days, then it shall be the duty of the personal representative to cause a notice of such adjournment to be
published in a legal newspaper in the county in which notice
was published as provided in RCW 11.56.060, in addition to
making such proclamation. [1965 c 145 § 11.56.070. Prior:
1917 c 156 § 128; RRS § 1498; prior: Code 1881 § 1505;
1854 p 287 § 115.]
11.56.080 Private sales of realty—Notice—Bids.
When a sale of real property is ordered to be made at private
sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered, once a week for at least two successive weeks before
the day on or after which the sale is to be made, in which
the lands and tenements to be sold must be described with
common certainty: PROVIDED, That where real property
is located in a county other than the county in which the
estate is being administered, publication shall also be made
in a legal newspaper of that county. The notice must state
the day on or after which the sale will be made and the
place where offers or bids will be received. The day last
referred to must be at least fifteen days from the first
publication of notice and the sale must not be made before
that day, but if made, must be made within twelve months
thereafter. The bids or offers must be in writing, and may
be left at the place designated in the notice or delivered to
the personal representative personally, or may be filed in the
office of the clerk of the court to which the return of sale
must be made, at any time after the first publication of the
notice and before the making of the sale. If it be shown that
it will be for the best interest of the estate the court or judge
may, by an order, shorten the time of notice, which shall not,
however, be less than one week, and may provide that the
sale may be made on or after a day less than fifteen, but not
less than eight days from the first publication of the notice
of sale, and the sale may be made to correspond with such
order. [1965 c 145 § 11.56.080. Prior: 1917 c 156 § 129;
RRS § 1499; prior: 1888 p 187 § 1; Code 1881 § 1504;
1854 p 287 § 114.]
11.56.090 Minimum price—Private sale—Sale by
negotiation—Reappraisement. No sale of real estate at
private sale or sale by negotiation shall be confirmed by the
court unless the gross sum offered is at least ninety percent
of the appraised value thereof, nor unless such real estate
shall have been appraised within one year immediately prior
to such sale. If it has not been so appraised, or if the court
is satisfied that the appraisement is too high or too low,
appraisers may be appointed, and they must make an
appraisement thereof in the same manner as in the case of
the original appraisement of the estate, and which appraise(2002 Ed.)
11.56.060
ment may be made at any time before the sale or the
confirmation thereof. [1965 c 145 § 11.56.090. Prior: 1917
c 156 § 130; RRS § 1500; prior: 1891 c 155 § 31; Code
1881 § 1508; 1854 p 287 § 118.]
11.56.100 Confirmation of sale—Approval—Resale.
The personal representative making any sale of real estate,
either at public or private sale, or sale by negotiation shall
within ten days after making such sale file with the clerk of
the court his return of such sale, the same being duly
verified. In the case of a sale by negotiation the personal
representative shall publish a notice in one issue of a legal
newspaper of the county in which the estate is being
administered; such notice shall include the legal description
of the property sold, the selling price and the date after
which the sale can be confirmed: PROVIDED, That such
confirmation date shall be at least ten days after such notice
is published. At any time after the expiration of ten days
from the publication of such notice, in the case of sale by
negotiation, and at any time after the expiration of ten days
from the filing of such return, in the case of public or
private sale the court may approve and confirm such sale
and direct proper instruments of transfer to be executed and
delivered. But if the court shall be of the opinion that the
proceedings were unfair, or that the sum obtained was
disproportionate to the value of the property sold, or if made
at private sale or sale by negotiation that it did not sell for
at least ninety percent of the appraised value as in RCW
11.56.090 provided, and that a sum exceeding said bid by at
least ten percent exclusive of the expense of a new sale, may
be obtained, the court may refuse to approve or confirm such
sale and may order a resale. On a resale, notice shall be
given and the sale shall be conducted in all respects as
though no previous sale had been made. [1965 c 145 §
11.56.100. Prior: 1917 c 156 § 131; RRS § 1501; prior:
1891 c 155 § 31; Code 1881 § 1508; 1854 p 287 § 118.]
11.56.110 Offer of increased bid—Duty of court. If,
at any time before confirmation of any such sale, any person
shall file with the clerk of the court a bid on such property
in an amount not less than ten percent higher than the bid
the acceptance of which was reported by the return of sale
and shall deposit with the clerk not less than twenty percent
of his bid in the form of cash, money order, cashier’s check
or certified check made payable to the clerk, to be forfeited
to the estate unless such bidder complies with his bid, the
bidder whose bid was accepted shall be informed of such
increased bid by registered or certified mail addressed to
such bidder at any address which may have been given by
him at the time of making such bid. Such bidder then shall
have a period of five days, not including holidays, in which
to make and file a bid better than that of the subsequent
bidder. After the expiration of such five-day period the
court may refuse to confirm the sale reported in the return
of sale and direct a sale to the person making the best bid
then on file, indicating which is the best bid, and a sale
made pursuant to such direction shall need no further
confirmation. Instead of such a direction, the court, upon
application of the personal representative, may direct the
reception of sealed bids. Thereupon the personal representative shall mail notice by registered or certified mail to all
[Title 11 RCW—page 49]
11.56.110
Title 11 RCW: Probate and Trust Law
those who have made bids on such property, informing them
that sealed bids will be received by the clerk of the court
within ten days. At the expiration of such period the
personal representative, in the presence of the clerk of the
court, shall open such bids as shall have been submitted to
the clerk within the time stated in the notice (whether by
previous bidders or not) and shall file a recommendation of
the acceptance of the bid which he deems best in view of the
requirements of the particular estate. The court may
thereupon direct a sale to the bidder whose bid is deemed
best by the court and a sale made pursuant to such direction
shall need no confirmation: PROVIDED, HOWEVER, That
the court shall consider the net realization to the estate in
determining the best bid. [1967 ex.s. c 106 § 2; 1967 c 168
§ 18; 1965 c 145 § 11.56.110. Prior: 1955 c 154 § 1; 1917
c 156 § 132; RRS § 1502.]
Effective date—1967 ex.s. c 106: "The provisions of this act shall
take effect on July 1, 1967." [1967 ex.s. c 106 § 5.]
Effective date—1967 c 168: See note following RCW 11.02.070.
11.56.115 Effect of confirmation. No petition or
allegation thereof for the sale of real estate shall be considered jurisdictional, and confirmation by the court of any sale
shall be absolutely conclusive as to the regularity of all
proceedings leading up to and including such sale, and no
instrument of conveyance of real estate made after confirmation of sale by the court shall be open to attack upon any
grounds whatsoever except for fraud, and the confirmation
by the court of any such sale shall be conclusive proof that
all statutory provisions and all orders of the court with
reference to such sale have been complied with. [1965 c
145 § 11.56.115. Prior: 1917 c 156 § 134; RCW 11.56.130;
RRS § 1504; prior: Code 1881 § 1510; 1854 p 287 § 120.]
Real estate sold by executor, etc., limitation of action: RCW 4.16.070.
11.56.120 Conveyance after confirmation of sale.
Upon the confirmation of any such sale the court shall direct
the personal representative to make, execute and deliver
instruments conveying the title to the person to whom such
property may be sold, and such instruments of conveyance
shall be deemed to convey all the estate, rights and interests
of the testator or intestate at the death of the deceased and
any interest acquired by the estate. [1965 c 145 § 11.56.120.
Prior: 1917 c 156 § 133; RRS § 1503; prior: Code 1881 §
1510; 1854 p 287 § 120.]
11.56.180 Sale of decedent’s contract interest in
land. If the deceased person at the time of his death was
possessed of a contract for the purchase of lands, his interest
in such lands under such contract may be sold on the application of his personal representative in the same manner as
if he died seized of such lands; and the same proceedings
may be had for that purpose as are prescribed in this title in
respect to lands of which he died seized, except as hereinafter provided. [1965 c 145 § 11.56.180. Prior: 1917 c 156
§ 139; RRS § 1509; prior: Code 1881 § 1519; 1854 p 289
§ 129.]
Performance of decedent’s contracts: Chapter 11.60 RCW.
Sale of vendor’s interest in contract for sale of real estate: RCW
11.56.020.
[Title 11 RCW—page 50]
11.56.210 Assignment of decedent’s contract. Upon
the confirmation of such sale, the personal representative
shall execute to the purchaser an assignment of the contract
and deed, which shall vest in the purchaser, his heirs and
assigns, all the right, title and interest of the persons entitled
to the interest of the deceased in the land sold at the time of
the sale, and such purchaser shall have the same rights and
remedies against the vendor of such lands as the deceased
would have had if living. [1965 c 145 § 11.56.210. Prior:
1917 c 156 § 142; RRS § 1512; prior: Code 1881 § 1522;
1854 p 289 § 132.]
11.56.220 Redemption of decedent’s mortgaged
estate. If any person die having mortgaged any real or
personal estate, and shall not have devised the same, or provided for any redemption thereof by will, the court, upon the
application of any person interested, may order the personal
representative to redeem the estate out of the assets, if it
should appear to the satisfaction of the court that such
redemption would be beneficial to the estate and not injurious to creditors. [1965 c 145 § 11.56.220. Prior: 1917 c
156 § 143; RRS § 1513; prior: Code 1881 § 1523; 1854 p
289 § 133.]
11.56.230 Sale or mortgage to effect redemption.
If it shall be made to appear to the satisfaction of the court
that it will be to the interest of the estate of any deceased
person to sell or mortgage other personal estate or to sell or
mortgage other real estate of the decedent than that mortgaged by him to redeem the property so mortgaged, the
court may order the sale or mortgaging of any personal estate, or the sale or mortgaging of any real estate of the
decedent which it may deem expedient to be sold or mortgaged for such purpose, which sale or mortgaging shall be
conducted in all respects as other sales or mortgages of like
property ordered by the court. [1965 c 145 § 11.56.230.
Prior: 1917 c 156 § 144; RRS § 1514; prior: 1895 c 157 §
11; 1888 p 185 § 1.]
11.56.240 Sale of mortgaged property if redemption
inexpedient. If such redemption be not deemed expedient,
the court shall order such property to be sold at public or
private sale, which sale shall be with the same notice and
conducted in the same manner as required in other cases of
real estate or personal property provided for in this title, and
shall be sold subject to such mortgage, and the personal
representative shall thereupon execute a conveyance thereof
to the purchaser, which conveyance shall be effectual to
convey to the purchaser all the right, title, and interest which
the deceased had in the property, and the purchase money,
after paying the expenses of the sale, shall be applied to the
residue in due course of administration. [1965 c 145 §
11.56.240. Prior: 1917 c 156 § 145; RRS § 1515; prior:
Code 1881 § 1524; 1873 p 296 § 211; 1854 p 290 § 134.]
11.56.250 Sales directed by will. When property is
directed by will to be sold, or authority is given in the will
to sell property, the executor may sell any property of the
estate without the order of the court, and without any notice,
and it shall not be necessary under such circumstances to
make any application to the court with reference to such
(2002 Ed.)
Sales, Exchanges, Leases, Mortgages, and Borrowing
sales or have the same confirmed by the court. [1965 c 145
§ 11.56.250. Prior: 1917 c 156 § 146; RRS § 1516; prior:
Code 1881 § 1527.]
11.56.265 Broker’s fee and closing expenses—Sale,
mortgage or lease. In connection with the sale, mortgage
or lease of property, the court may authorize the personal
representative to pay, out of the proceeds realized therefrom
or out of the estate, the customary and reasonable
auctioneer’s and broker’s fees and any necessary expenses
for abstracting, title insurance, survey, revenue stamps and
other necessary costs and expenses in connection therewith.
[1965 c 145 § 11.56.265.]
Allowance of necessary expenses to personal representative: RCW
11.48.050.
11.56.280 Borrowing on general credit of estate—
Petition—Notice—Hearing. Whenever it shall appear to
the satisfaction of the court that money is needed to pay
debts of the estate, expenses of administration, or estate
taxes, the court may by order authorize the personal representative to borrow such money, on the general credit of the
estate, as appears to the court necessary for the purposes
aforesaid. The time for repayment, rate of interest and form
of note authorized shall be as specified by the court in its
order. The money borrowed pursuant thereto shall be an
obligation of the estate repayable with the same priority as
unsecured claims filed against the estate. It shall be the duty
of the personal representative to present a petition to the
court giving a description of all the property of the estate
and its character, the amount of the debts, expenses and tax
obligations and such other things as will tend to assist the
court in determining the necessity for the borrowing and the
amount thereof. Unless the court shall by order expressly so
provide, no notice of the hearing of such petition need be
given, except to persons who have requested notice under the
provisions of RCW 11.28.240; if, however, the court should
order notice of such hearing, it shall determine upon the
kind, character and time thereof. At the hearing of such
petition the court may have brought before it such testimony
or information as it may see fit to receive, for the foregoing
purpose. The absence of any allegation in the petition shall
not deprive the court of jurisdiction to authorize such
borrowing. [1990 c 180 § 3; 1965 c 145 § 11.56.280.]
Order of payment of debts: RCW 11.76.110.
Chapter 11.60
PERFORMANCE OF DECEDENT’S CONTRACTS
Sections
11.60.010
Order for performance on application of personal representative.
11.60.020 Petition, notice, and hearing when personal representative
fails to make application.
11.60.030 Hearing.
11.60.040 Conveyance of real property—Effect.
11.60.060 Procedure on death of person entitled to performance.
Evidence, transaction with person since deceased: RCW 5.60.030.
Sale of vendor’s interest in contract for sale of real estate: RCW
11.56.020.
Sale or assignment of decedent’s contract interest in land: RCW 11.56.180,
11.56.210.
(2002 Ed.)
11.56.250
11.60.010 Order for performance on application of
personal representative. If any person, who is bound by
contract, in writing, shall die before performing said contract, the superior court of the county in which the estate is
being administered, may upon application of the personal
representative, without notice, make an order authorizing and
directing the personal representative to perform such contract. [1965 c 145 § 11.60.010. Prior: 1917 c 156 § 188;
RRS § 1558; prior: 1891 p 390 § 40; Code 1881 § 623;
1877 p 130 § 626; 1854 p 292 § 150.]
Guardianship, performance of contracts: RCW 11.92.130.
11.60.020 Petition, notice, and hearing when
personal representative fails to make application. If the
personal representative fails to make such application, then
any person claiming to be entitled to such performance under
such contract, may present a petition setting forth the facts
upon which such claim is predicated. Notice of hearing shall
be in accordance with the provisions of *RCW 11.16.081.
[1965 c 145 § 11.60.020. Prior: 1917 c 156 § 189; RRS §
1559; prior: 1891 c 155 § 41; Code 1881 § 694; 1877 p 130
§ 627; 1854 p 292 § 151.]
*Reviser’s note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
Actions for recovery of property and on contract: RCW 11.48.090.
11.60.030 Hearing. At the time appointed for such
hearing, or at such other time as the same may be adjourned
to, upon proof of service of the notice as provided in *RCW
11.16.081, the court shall proceed to a hearing and determine
the matter. [1965 c 145 § 11.60.030. Prior: 1917 c 156 §
190; RRS § 1560; prior: 1891 c 155 § 42; Code 1881 §
625; 1877 p 130 § 628; 1854 p 293 § 152.]
*Reviser’s note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
11.60.040 Conveyance of real property—Effect. In
the case of real property, a conveyance executed under the
provisions of this title shall so refer to the order authorizing
the conveyance that the same may be readily found, but need
not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the
grantee all the estate, right, title and interest contracted to be
conveyed by the deceased, as fully as if the contracting party
himself were still living and executed the conveyance in
pursuance of such contract. [1965 c 145 § 11.60.040. Prior:
1917 c 156 § 191; RRS § 1561; prior: Code 1881 § 626;
1877 p 130 § 629; 1854 p 293 § 153.]
11.60.060 Procedure on death of person entitled to
performance. If the person entitled to performance shall die
before the commencement of the proceedings according to
the provisions of this title or before the completion of
performance, any person who would have been entitled to
the performance under him, as heir, devisee, or otherwise, in
case the performance had been made according to the terms
of the contract, or the personal representative of such
deceased person, for the benefit of persons entitled, may
commence such proceedings, or prosecute the same if
already commenced; and the performance shall inure to the
persons who would have been entitled to it, or to the
personal representative for their benefit. [1965 c 145 §
11.60.060. Prior: 1917 c 156 § 193; RRS § 1563; prior:
[Title 11 RCW—page 51]
11.60.060
Title 11 RCW: Probate and Trust Law
1891 c 155 § 47; Code 1881 § 532; 1877 p 132 § 635; 1854
p 294 § 159.]
Chapter 11.62
ESTATES UNDER $60,000—DISPOSITION
OF PROPERTY
Sections
11.62.005
11.62.010
Definitions.
Disposition of personal property, debts by affidavit, proof of
death—Contents of affidavit—Procedure—Securities.
11.62.020 Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or deliver—
Procedure—False affidavit—Conflicting affidavits—
Accountability.
11.62.030 Payment to surviving spouse of moneys on deposit of deceased credit union member—Limitation—Affidavit—
Accounting to personal representative.
Reviser’s note: Inheritance and gift taxes were repealed by 1981 2nd
ex.s. c 7 § 83.100.160. For provisions relating to estate and transfer taxes,
see chapter 83.100 RCW.
11.62.005 Definitions. As used in this chapter, the
following terms shall have the meanings indicated.
(1) "Personal property" shall include any tangible
personal property, any instrument evidencing a debt, obligation, stock, chose in action, license or ownership, any debt
or any other intangible property.
(2)(a) "Successor" and "successors" shall mean (subject
to subsection (2)(b) of this section):
(i) That person or those persons who are entitled to the
claimed property pursuant to the terms and provisions of the
last will and testament of the decedent or by virtue of the
laws of intestate succession contained in this title; and/or
(ii) The surviving spouse of the decedent to the extent
that the surviving spouse is entitled to the property claimed
as his or her undivided one-half interest in the community
property of said spouse and the decedent; and/or
(iii) The department of social and health services, to the
extent of funds expended or paid, in the case of claims
provided under RCW 43.20B.080; and/or
(iv) This state, in the case of escheat property.
(b) Any person claiming to be a successor solely by
reason of being a creditor of the decedent or of the
decedent’s estate, except for the state as set forth in (a)(iii)
and (iv) of this subsection, shall be excluded from the
definition of "successor".
(3) "Person" shall mean any individual or organization.
(4) "Organization" shall include a corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, two or more persons
having a joint or common interest, or any other legal or
commercial entity. [1994 c 21 § 1; 1988 c 64 § 24; 1977
ex.s. c 234 § 29.]
Conflict with federal requirements—Effective date—1994 c 21:
See notes following RCW 43.20B.080.
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
[Title 11 RCW—page 52]
11.62.010 Disposition of personal property, debts by
affidavit, proof of death—Contents of affidavit—
Procedure—Securities. (1) At any time after forty days
from the date of a decedent’s death, any person who is
indebted to or who has possession of any personal property
belonging to the decedent or to the decedent and his or her
surviving spouse as a community, which debt or personal
property is an asset which is subject to probate, shall pay
such indebtedness or deliver such personal property, or so
much of either as is claimed, to a person claiming to be a
successor of the decedent upon receipt of proof of death and
of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this
section shall state:
(a) The claiming successor’s name and address, and that
the claiming successor is a "successor" as defined in RCW
11.62.005;
(b) That the decedent was a resident of the state of
Washington on the date of his or her death;
(c) That the value of the decedent’s entire estate subject
to probate, not including the surviving spouse’s community
property interest in any assets which are subject to probate
in the decedent’s estate, wherever located, less liens and
encumbrances, does not exceed sixty thousand dollars;
(d) That forty days have elapsed since the death of the
decedent;
(e) That no application or petition for the appointment
of a personal representative is pending or has been granted
in any jurisdiction;
(f) That all debts of the decedent including funeral and
burial expenses have been paid or provided for;
(g) A description of the personal property and the
portion thereof claimed, together with a statement that such
personal property is subject to probate;
(h) That the claiming successor has given written notice,
either by personal service or by mail, identifying his or her
claim, and describing the property claimed, to all other
successors of the decedent, and that at least ten days have
elapsed since the service or mailing of such notice; and
(i) That the claiming successor is either personally
entitled to full payment or delivery of the property claimed
or is entitled to full payment or delivery thereof on the
behalf and with the written authority of all other successors
who have an interest therein.
(3) A transfer agent of any security shall change the
registered ownership of the security claimed from the
decedent to the person claiming to be the successor with
respect to such security upon the presentation of proof of
death and of an affidavit made by such person which meets
the requirements of subsection (2) of this section. Any
governmental agency required to issue certificates of
ownership or of license registration to personal property shall
issue a new certificate of ownership or of license registration
to a person claiming to be a successor of the decedent upon
receipt of proof of death and of an affidavit made by such
person which meets the requirements of subsection (2) of
this section.
(4) No release from any Washington state or local
taxing authority may be required before any assets or debts
are paid or delivered to a successor of a decedent as required
under this section.
(2002 Ed.)
Estates Under $60,000—Disposition of Property
(5) A copy of the affidavit, including the decedent’s
social security number, shall be mailed to the state of
Washington, department of social and health services, office
of financial recovery. [1995 1st sp.s. c 18 § 60; 1993 c 291
§ 1. Prior: 1988 c 64 § 25; 1988 c 29 § 2; 1987 c 157 § 1;
1977 ex.s. c 234 § 11; 1974 ex.s. c 117 § 4.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.62.020 Effect of affidavit and proof of death—
Discharge and release of transferor—Refusal to pay or
deliver—Procedure—False affidavit—Conflicting affidavits—Accountability. The person paying, delivering,
transferring, or issuing personal property pursuant to RCW
11.62.010 is discharged and released to the same extent as
if such person has dealt with a personal representative of the
decedent, unless at the time of such payment, delivery,
transfer, or issuance, such person had actual knowledge of
the falsity of any statement which is required by RCW
11.62.010(2) as now or hereafter amended to be contained in
the successor’s affidavit. Such person is not required to see
to the application of the personal property, or to inquire into
the truth of any matter specified in RCW 11.62.010 (1) or
(2), or into the payment of any estate tax liability.
An organization shall not be deemed to have actual
knowledge of the falsity of any statement contained in an
affidavit made pursuant to RCW 11.62.010(2) as now or
hereafter amended until such time as said knowledge shall
have been brought to the personal attention of the individual
making the transfer, delivery, payment, or issuance of the
personal property claimed under RCW 11.62.010 as now or
hereafter amended.
If any person to whom an affidavit and proof of death
is delivered refuses to pay, deliver, or transfer any personal
property, it may be recovered or its payment, delivery,
transfer, or issuance compelled upon proof of their right in
a proceeding brought for the purpose by or on behalf of the
persons entitled thereto. If more than one affidavit is
delivered with reference to the same personal property, the
person to whom an affidavit is delivered may pay, deliver,
transfer, or issue any personal property in response to the
first affidavit received, provided that proof of death has also
been received, or alternately implead such property into court
for payment over to the person entitled thereto. Any person
to whom payment, delivery, transfer, or issuance of personal
property is made pursuant to RCW 11.62.010 as now or
hereafter amended is answerable and accountable therefor to
any personal representative of the estate of the decedent or
to any other person having a superior right thereto. [1990 c
180 § 4; 1977 ex.s. c 234 § 12; 1974 ex.s. c 117 § 5.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
(2002 Ed.)
11.62.010
11.62.030 Payment to surviving spouse of moneys
on deposit of deceased credit union member—
Limitation—Affidavit—Accounting to personal representative. On the death of any member of any credit union
organized under chapter 31.12 RCW or federal law, such
credit union may pay to the surviving spouse the moneys of
such member on deposit to the credit of said deceased
member, including moneys deposited as shares in said credit
union, in cases where the amount of deposit does not exceed
the sum of one thousand dollars, upon receipt of an affidavit
from the surviving spouse to the effect that the member died
and no executor or administrator has been appointed for the
member’s estate, and the member had on deposit in said
credit union money not exceeding the sum of one thousand
dollars. The payment of such deposit made in good faith to
the spouse making the affidavit shall be a full acquittance
and release of the credit union for the amount of the deposit
so paid.
No probate proceeding shall be necessary to establish
the right of said surviving spouse to withdraw said deposits
upon the filing of said affidavit: PROVIDED, That whenever a personal representative is appointed in an estate where
a withdrawal of deposits has been had in compliance with
this section, the spouse so withdrawing said deposits shall
account for the same to the personal representative. The
credit union may also pay out the moneys on deposit to the
credit of the deceased upon presentation of an affidavit as
provided in RCW 11.62.010, as now or hereafter amended.
[1980 c 41 § 10.]
Severability—1980 c 41: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 41 § 13.]
Chapter 11.64
PARTNERSHIP PROPERTY
Sections
11.64.002
11.64.008
11.64.016
11.64.022
11.64.030
11.64.040
Inventory—Appraisement.
Surviving partner may continue in possession.
Security may be required.
Failure to furnish inventory, list liabilities, permit appraisal,
etc.—Show cause—Contempt of court—Receiver.
Surviving partner or partners may purchase deceased’s interest—Valuation—Conditions of sale—Protection against
partnership liabilities.
Surviving partner may operate under agreement with estate—Termination.
11.64.002 Inventory—Appraisement. Within three
months after receiving written request from the personal
representative the surviving partner or partners of the
partnership shall furnish the personal representative with a
verified inventory of the assets of the partnership. The
inventory shall state the value of the assets as shown by the
books of the partnership and list the liabilities of the partnership. At the request of the personal representative, the
surviving partner or partners shall permit the assets of the
partnership to be appraised, which appraisal shall include the
value of the assets of the partnership and a list of the
liabilities. [1977 ex.s. c 234 § 13; 1965 c 145 § 11.64.002.
Prior: 1951 c 197 § 1; prior: (i) 1917 c 156 § 88; RRS §
1458. (ii) 1917 c 156 § 91; RRS § 1461.]
[Title 11 RCW—page 53]
11.64.002
Title 11 RCW: Probate and Trust Law
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Inventory of estate to identify decedent’s share in partnership: RCW
11.44.015(1)(f).
11.64.008 Surviving partner may continue in
possession. The surviving partner or partners may continue
in possession of the partnership estate, pay its debts, and
settle its business, and shall account to the personal representative of the decedent and shall pay over such balances as
may, from time to time, be payable to him. [1977 ex.s. c
234 § 14; 1965 c 145 § 11.64.008. Prior: 1951 c 197 § 2.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.64.016 Security may be required. If the surviving
partner or partners commit waste, or if it appears to the court
that it is for the best interest of the estate of the decedent,
such court may, after a hearing, order the surviving partner
or partners to give security for the faithful settlement of the
partnership affairs and the payment to the personal representative of any amount due the estate. [1977 ex.s. c 234 § 15;
1965 c 145 § 11.64.016. Prior: 1951 c 197 § 3.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.64.022 Failure to furnish inventory, list liabilities, permit appraisal, etc.—Show cause—Contempt of
court—Receiver. If the surviving partner or partners fail or
refuse to furnish an inventory or list of liabilities, to permit
an appraisal, or to account to the personal representative, or
to furnish a bond when required pursuant to RCW 11.64.016,
the court shall order a citation to issue requiring the surviving partner or partners to appear and show cause why they
have not furnished an inventory list of liabilities, or permitted an appraisal or why they should not account to the
personal representative or file a bond. The citation shall be
served not less than ten days before the return day designated therein, or such shorter period as the court upon a
showing of good cause deems appropriate. If the surviving
partner or partners neglect or refuse to file an inventory or
list of liabilities, or to permit an appraisal, or fail to account
to the court or to file a bond, after they have been directed
to do so, they may be punished for a contempt of court as
provided in chapter 7.21 RCW. Where the surviving partner
or partners fail to file a bond after being ordered to do so by
the court, the court may also appoint a receiver of the
partnership estate with like powers and duties of receivers in
equity, and order the costs and expenses of the proceedings
to be paid out of the partnership estate or out of the estate of
the decedent, or by the surviving partner or partners personally, or partly by each of the parties. [1989 c 373 § 15;
1977 ex.s. c 234 § 16; 1965 c 145 § 11.64.022. Prior: 1951
c 197 § 4.]
Severability—1989 c 373: See RCW 7.21.900.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.64.030 Surviving partner or partners may
purchase deceased’s interest—Valuation—Conditions of
sale—Protection against partnership liabilities. The
surviving partner or the surviving partners jointly, shall have
[Title 11 RCW—page 54]
the right at any time to petition the court to purchase the
interests of a deceased partner in the partnership. Upon a
hearing pursuant to such petition the court shall, in such
manner as it sees fit, determine and by order fix the value of
the interest of the deceased partner over and above all
partnership debts and obligations, the price, terms, and
conditions of such sale and the period of time during which
the surviving partner or partners shall have the prior right to
purchase the interest of the deceased partner. If any such
surviving partner be also the personal representative of the
estate of the deceased partner, such fact shall not affect his
right to purchase, or to join with the other surviving partners
to purchase such interest in the manner hereinbefore provided.
The court shall make such orders in connection with
such sale as it deems proper or necessary to protect the
estate of the deceased against any liability for partnership
debts or obligations. [1977 ex.s. c 234 § 17; 1965 c 145 §
11.64.030. Prior: 1951 c 197 § 5; prior: 1917 c 156 § 89;
1859 p 186 §§ 120-130; 1854 p 274 §§ 46-53; RRS § 1459.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.64.040 Surviving partner may operate under
agreement with estate—Termination. The court may, in
instances where it is deemed advisable, authorize and direct
the personal representative of the estate of a deceased partner
to enter into an agreement with the surviving partner or
partners under which the surviving partner or partners may
continue to operate any going business of the former
partnership until the further order of the court. The court
may, in its discretion, revoke such authority and direction
and thereby terminate such agreement at any time by further
order, entered upon the application of the personal representative or the surviving partner or partners or any interested person or on its own motion. [1965 c 145 § 11.64.040.
Prior: 1951 c 197 § 6; prior: 1917 c 156 § 90; 1859 p 186
§§ 120-130; 1854 p 274 §§ 46-53; RRS § 1460.]
Chapter 11.66
SOCIAL SECURITY BENEFITS
Sections
11.66.010
Social security benefits—Payment to survivors or department of social and health services—Effect.
11.66.010 Social security benefits—Payment to
survivors or department of social and health services—
Effect. (1) If not less than thirty days after the death of an
individual entitled at the time of death to a monthly benefit
or benefits under Title II of the Social Security Act, all or
part of the amount of such benefit or benefits, not in excess
of one thousand dollars, is paid by the United States to (a)
the surviving spouse, (b) one or more of the deceased’s
children, or descendants of his deceased children, (c) the
secretary of social and health services if the decedent was a
resident of a state institution at the date of death and liable
for the cost of his care in an amount at least as large as the
amount of such benefits, (d) the deceased’s father or mother,
or (e) the deceased’s brother or sister, preference being given
in the order named if more than one request for payment
(2002 Ed.)
Social Security Benefits
shall have been made by or for such individuals, such
payment shall be deemed to be a payment to the legal
representative of the decedent and shall constitute a full
discharge and release from any further claim for such
payment to the same extent as if such payment had been
made to an executor or administrator of the decedent’s
estate.
(2) The provisions of subsection (1) hereof shall apply
only if an affidavit has been made and filed with the United
States Department of Health, Education, and Welfare by the
surviving spouse or other relative by whom or on whose
behalf request for payment is made and such affidavit shows
(a) the date of death of the deceased, (b) the relationship of
the affiant to the deceased, (c) that no executor or administrator for the deceased has qualified or been appointed, nor
to the affiant’s knowledge is administration of the deceased’s
estate contemplated, and (d) that, to the affiant’s knowledge,
there exists at the time of the filing of such affidavit, no
relative of a closer degree of kindred to the deceased than
the affiant: PROVIDED, That the affidavit filed by the
secretary of social and health services shall meet the requirements of parts (a) and (c) of this subsection and, in addition,
show that the decedent left no known surviving spouse or
children and died while a resident of a state institution at the
date of death and liable for the cost of his care in an amount
at least as large as the amount of such benefits. [1979 c 141
§ 12; 1967 c 175 § 2.]
Effective date—1967 c 175: "This 1967 amendatory act shall take
effect and be in force on and after the first day of July, 1967, in conformity
with the terms and provisions of section 11.99.010, chapter 145, Laws of
1965 and RCW 11.99.010." [1967 c 175 § 3.]
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Chapter 11.68
SETTLEMENT OF ESTATES
WITHOUT ADMINISTRATION
Sections
11.68.011
11.68.021
11.68.041
11.68.050
11.68.060
11.68.065
11.68.070
11.68.080
11.68.090
11.68.095
11.68.100
11.68.110
(2002 Ed.)
Settlement without court intervention—Petition—
Conditions—Exceptions.
Hearing on petition for nonintervention powers.
Petition for nonintervention powers—Notice requirements—
Exceptions.
Objections to granting of nonintervention powers—
Restrictions.
Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—
Petition.
Report of affairs of estate—Petition by beneficiary—
Filing—Notice—Hearing—Other accounting and information.
Procedure when personal representative recreant to trust or
subject to removal.
Vacation or restriction of nonintervention powers following
insolvency—Notice—Determinations affecting prior
grants of nonintervention powers upon petition—
Endorsement on prior orders.
Powers of personal representative under nonintervention
will—Scope—Relief from duties, restrictions, liabilities
by will.
Co-personal representatives—Powers.
Closing of estate—Alternative decrees—Notice—Hearing—
Fees.
Declaration of completion of probate—Contents—Notice—
Discharge of personal representative—Waiver of notice.
11.68.112
11.68.114
11.68.120
11.66.010
Final distribution upon declaration and notice of filing of
declaration of completion of probate—Special powers of
personal representative—Discharge from liability.
Declaration of completion of probate—Special powers of
personal representative to hold reserve and deal with
taxing authorities—Notice of filing of declaration—
Discharge from liability.
Nonintervention powers not deemed waived by obtaining
order or decree.
11.68.011 Settlement without court intervention—
Petition—Conditions—Exceptions. (1) A personal representative may petition the court for nonintervention powers,
whether the decedent died testate or intestate.
(2) Unless the decedent has specified in the decedent’s
will, if any, that the court not grant nonintervention powers
to the personal representative, the court shall grant nonintervention powers to a personal representative who petitions for
the powers if the court determines that the decedent’s estate
is solvent, taking into account probate and nonprobate assets,
and that:
(a) The petitioning personal representative was named
in the decedent’s probated will as the personal representative;
(b) The decedent died intestate, the petitioning personal
representative is the decedent’s surviving spouse, the
decedent’s estate is composed of community property only,
and the decedent had no issue: (i) Who is living or in gestation on the date of the petition; (ii) whose identity is reasonably ascertainable on the date of the petition; and (iii)
who is not also the issue of the petitioning spouse; or
(c) The personal representative was not a creditor of the
decedent at the time of the decedent’s death and the administration and settlement of the decedent’s will or estate with
nonintervention powers would be in the best interests of the
decedent’s beneficiaries and creditors. However, the
administration and settlement of the decedent’s will or estate
with nonintervention powers will be presumed to be in the
beneficiaries’ and creditors’ best interest until a person entitled to notice under RCW 11.68.041 rebuts that presumption
by coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries’ or
creditors’ best interests.
(3) The court may base its findings of facts necessary
for the grant of nonintervention powers on: (a) Statements
of witnesses appearing before the court; (b) representations
contained in a verified petition for nonintervention powers,
in an inventory made and returned upon oath into the court,
or in an affidavit filed with the court; or (c) other proof
submitted to the court. [1997 c 252 § 59.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.021 Hearing on petition for nonintervention
powers. A hearing on a petition for nonintervention powers
may be held at the time of the appointment of the personal
representative or at any later time. [1997 c 252 § 60.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.041 Petition for nonintervention powers—
Notice requirements—Exceptions. (1) Advance notice of
the hearing on a petition for nonintervention powers referred
[Title 11 RCW—page 55]
11.68.041
Title 11 RCW: Probate and Trust Law
to in RCW 11.68.011 is not required in those circumstances
in which the court is required to grant nonintervention
powers under RCW 11.68.011(2) (a) and (b).
(2) In all other cases, if the petitioner wishes to obtain
nonintervention powers, the personal representative shall give
notice of the petitioner’s intention to apply to the court for
nonintervention powers to all heirs, all beneficiaries of a gift
under the decedent’s will, and all persons who have requested, and who are entitled to, notice under RCW 11.28.240,
except that:
(a) A person is not entitled to notice if the person has,
in writing, either waived notice of the hearing or consented
to the grant of nonintervention powers; and
(b) An heir who is not also a beneficiary of a gift under
a will is not entitled to notice if the will has been probated
and the time for contesting the validity of the will has
expired.
(3) The notice required by this section must be either
personally served or sent by regular mail at least ten days
before the date of the hearing, and proof of mailing of the
notice must be by affidavit filed in the cause. The notice
must contain the decedent’s name, the probate cause number,
the name and address of the personal representative, and
must state in substance as follows:
(a) The personal representative has petitioned the
superior court of the state of Washington for . . . . . county,
for the entry of an order granting nonintervention powers
and a hearing on that petition will be held on . . . . ., the
. . . . . day of . . . . ., . . . ., at . . . . . o’clock, . . M.;
(b) The petition for an order granting nonintervention
powers has been filed with the court;
(c) Following the entry by the court of an order granting
nonintervention powers, the personal representative is
entitled to administer and close the decedent’s estate without
further court intervention or supervision; and
(d) A person entitled to notice has the right to appear at
the time of the hearing on the petition for an order granting
nonintervention powers and to object to the granting of
nonintervention powers to the personal representative.
(4) If notice is not required, or all persons entitled to
notice have either waived notice of the hearing or consented
to the entry of an order granting nonintervention powers as
provided in this section, the court may hear the petition for
an order granting nonintervention powers at any time. [1997
c 252 § 61.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.050 Objections to granting of nonintervention
powers—Restrictions. (1) If at the time set for the hearing
upon a petition for nonintervention powers, any person
entitled to notice of the hearing on the petition under RCW
11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate,
the court shall consider the objections, if any, in connection
with its determination under RCW 11.68.011(2)(c) of whether a grant of nonintervention powers would be in the best
interests of the decedent’s beneficiaries.
(2) The nonintervention powers of a personal representative may not be restricted at a hearing on a petition for
nonintervention powers in which the court is required to
grant nonintervention powers under RCW 11.68.011(2) (a)
[Title 11 RCW—page 56]
and (b), unless a will specifies that the nonintervention
powers of a personal representative may be restricted when
the powers are initially granted. In all other cases, including
without limitation any hearing on a petition that alleges that
the personal representative has breached its duties to the
beneficiaries of the estate, the court may restrict the powers
of the personal representative in such manner as the court
determines to be in the best interests of the decedent’s
beneficiaries. [1997 c 252 § 62; 1977 ex.s. c 234 § 21;
1974 ex.s. c 117 § 17.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.060 Death, resignation, or disablement of
personal representative—Successor to administer nonintervention powers—Petition. If any personal representative
of the estate of the decedent dies, resigns, or otherwise
becomes disabled from any cause from acting as the nonintervention personal representative, the successor personal
representative, or a person who has petitioned to be appointed as a successor personal representative, may petition the
court for nonintervention powers, and the court shall act, in
accordance with RCW 11.68.011 through 11.68.041 and
11.68.050. [1997 c 252 § 63; 1977 ex.s. c 234 § 22; 1974
ex.s. c 117 § 18.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.065 Report of affairs of estate—Petition by
beneficiary—Filing—Notice—Hearing—Other accounting
and information. A beneficiary whose interest in an estate
has not been fully paid or distributed may petition the court
for an order directing the personal representative to deliver
a report of the affairs of the estate signed and verified by the
personal representative. The petition may be filed at any
time after one year from the day on which the report was
last delivered, or, if none, then one year after the order appointing the personal representative. Upon hearing of the
petition after due notice as required in RCW 11.96A.110, the
court may, for good cause shown, order the personal
representative to deliver to the petitioner the report for any
period not covered by a previous report. The report for the
period shall include such of the following as the court may
order: A description of the amount and nature of all
property, real and personal, that has come into the hands of
the personal representative; a statement of all property
collected and paid out or distributed by the personal representative; a statement of claims filed and allowed against the
estate and those rejected; any estate, inheritance, or fiduciary
income tax returns filed by the personal representative; and
such other information as the order may require. This
subsection does not limit any power the court might otherwise have at any time during the administration of the estate
to require the personal representative to account or furnish
(2002 Ed.)
Settlement of Estates Without Administration
other information to any person interested in the estate.
[1999 c 42 § 614; 1997 c 252 § 64.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.070 Procedure when personal representative
recreant to trust or subject to removal. If any personal
representative who has been granted nonintervention powers
fails to execute his trust faithfully or is subject to removal
for any reason specified in RCW 11.28.250 as now or
hereafter amended, upon petition of any unpaid creditor of
the estate who has filed a claim or any heir, devisee, legatee,
or of any person on behalf of any incompetent heir, devisee,
or legatee, such petition being supported by affidavit which
makes a prima facie showing of cause for removal or
restriction of powers, the court shall cite such personal
representative to appear before it, and if, upon hearing of the
petition it appears that said personal representative has not
faithfully discharged said trust or is subject to removal for
any reason specified in RCW 11.28.250 as now or hereafter
amended, then, in the discretion of the court the powers of
the personal representative may be restricted or the personal
representative may be removed and a successor appointed.
In the event the court shall restrict the powers of the
personal representative in any manner, it shall endorse the
words "Powers restricted" upon the original order of solvency together with the date of said endorsement, and in all
such cases the cost of the citation, hearing, and reasonable
attorney’s fees may be awarded as the court determines.
[1977 ex.s. c 234 § 23; 1974 ex.s. c 117 § 19.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.080 Vacation or restriction of nonintervention
powers following insolvency—Notice—Determinations
affecting prior grants of nonintervention powers upon
petition—Endorsement on prior orders. (1) Within ten
days after the personal representative has received from
alleged creditors under chapter 11.40 RCW claims that have
an aggregate face value that, when added to the other debts
and to the taxes and expenses of greater priority under
applicable law, would appear to cause the estate to be
insolvent, the personal representative shall notify in writing
all beneficiaries under the decedent’s will and, if any of the
decedent’s property will pass according to the laws of
intestate succession, all heirs, together with any unpaid
creditors, other than a creditor whose claim is then barred
under chapter 11.40 RCW or the otherwise applicable statute
of limitations, that the estate might be insolvent. The
personal representative shall file a copy of the written notice
with the court.
(2) Within ten days after an estate becomes insolvent,
the personal representative shall petition under RCW
11.96A.080 for a determination of whether the court should
reaffirm, rescind, or restrict in whole or in part any prior
grant of nonintervention powers. Notice of the hearing must
be given in accordance with RCW 11.96A.110.
(2002 Ed.)
11.68.065
(3) If, upon a petition under RCW 11.96A.080 of any
personal representative, beneficiary under the decedent’s
will, heir if any of the decedent’s property passes according
to the laws of intestate succession, or any unpaid creditor
with a claim that has been accepted or judicially determined
to be enforceable, the court determines that the decedent’s
estate is insolvent, the court shall reaffirm, rescind, or
restrict in whole or in part any prior grant of nonintervention
powers to the extent necessary to protect the best interests of
the beneficiaries and creditors of the estate.
(4) If the court rescinds or restricts a prior grant of
nonintervention powers, the court shall endorse the term
"powers rescinded" or "powers restricted" upon the prior
order together with the date of the endorsement. [1999 c 42
§ 615; 1997 c 252 § 65; 1977 ex.s. c 234 § 24; 1974 ex.s.
c 117 § 20.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.090 Powers of personal representative under
nonintervention will—Scope—Relief from duties, restrictions, liabilities by will. (1) Any personal representative
acting under nonintervention powers may borrow money on
the general credit of the estate and may mortgage, encumber,
lease, sell, exchange, convey, and otherwise have the same
powers, and be subject to the same limitations of liability,
that a trustee has under RCW 11.98.070 and chapters 11.100
and 11.102 RCW with regard to the assets of the estate, both
real and personal, all without an order of court and without
notice, approval, or confirmation, and in all other respects
administer and settle the estate of the decedent without
intervention of court. Except as otherwise specifically
provided in this title or by order of court, a personal representative acting under nonintervention powers may exercise
the powers granted to a personal representative under chapter
11.76 RCW but is not obligated to comply with the duties
imposed on personal representatives by that chapter. A party
to such a transaction and the party’s successors in interest
are entitled to have it conclusively presumed that the
transaction is necessary for the administration of the
decedent’s estate.
(2) Except as otherwise provided in chapter 11.108
RCW or elsewhere in order to preserve a marital deduction
from estate taxes, a testator may by a will relieve the
personal representative from any or all of the duties, restrictions, and liabilities imposed: Under common law; by chapters 11.54, 11.56, 11.100, 11.102, and *11.104 RCW; or by
RCW 11.28.270 and 11.28.280, 11.68.095, and 11.98.070.
In addition, a testator may likewise alter or deny any or all
of the privileges and powers conferred by this title, and may
add duties, restrictions, liabilities, privileges, or powers to
those imposed or granted by this title. If any common law
or any statute referenced earlier in this subsection is in
conflict with a will, the will controls whether or not specific
reference is made in the will to this section. However,
notwithstanding the rest of this subsection, a personal
[Title 11 RCW—page 57]
11.68.090
Title 11 RCW: Probate and Trust Law
representative may not be relieved of the duty to act in good
faith and with honest judgment. [1997 c 252 § 66; 1988 c
29 § 3; 1985 c 30 § 7. Prior: 1984 c 149 § 10; 1974 ex.s.
c 117 § 21.]
*Reviser’s note: Chapter 11.104 RCW was repealed in its entirety
by 2002 c 345 § 601, effective January 1, 2003. For later enactment, see
chapter 11.104A RCW.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.095 Co-personal representatives—Powers. All
of the provisions of RCW 11.98.016 regarding the exercise
of powers by co-trustees of a trust shall apply to the copersonal representatives of an estate in which the co-personal
representatives have been granted nonintervention powers, as
if, for purposes of the interpretation of that law, co-personal
representatives were co-trustees and an estate were a trust.
[1997 c 252 § 67.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.100 Closing of estate—Alternative decrees—
Notice—Hearing—Fees. (1) When the estate is ready to be
closed, the court, upon application by the personal representative who has nonintervention powers, shall have the
authority and it shall be its duty, to make and cause to be
entered a decree which either:
(a) Finds and adjudges that all approved claims of the
decedent have been paid, finds and adjudges the heirs of the
decedent or those persons entitled to take under his will, and
distributes the property of the decedent to the persons
entitled thereto; or
(b) Approves the accounting of the personal representative and settles the estate of the decedent in the manner
provided for in the administration of those estates in which
the personal representative has not acquired nonintervention
powers.
(2) Either decree provided for in this section shall be
made after notice given as provided for in the settlement of
estates by a personal representative who has not acquired
nonintervention powers. The petition for either decree
provided for in this section shall state the fees paid or
proposed to be paid to the personal representative, his
attorneys, accountants, and appraisers, and any heir, devisee,
or legatee whose interest in the assets of a decedent’s estate
would be reduced by the payment of said fees shall receive
a copy of said petition with the notice of hearing thereon; at
the request of the personal representative or any said heir,
devisee, or legatee, the court shall, at the time of the hearing
on either petition, determine the reasonableness of said fees.
The court shall take into consideration all criteria forming
the basis for the determination of the amount of such fees as
contained in the code of professional responsibility; in
determining the reasonableness of the fees charged by any
personal representative, accountants, and appraisers the court
shall take into consideration the criteria forming the basis for
[Title 11 RCW—page 58]
the determination of attorney’s fees, to the extent applicable,
and any other factors which the court determines to be
relevant in the determination of the amount of fees to be
paid to such personal representative. [1977 ex.s. c 234 § 25;
1974 ex.s. c 117 § 22.]
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.110 Declaration of completion of probate—
Contents—Notice—Discharge of personal representative—Waiver of notice. (1) If a personal representative
who has acquired nonintervention powers does not apply to
the court for either of the final decrees provided for in RCW
11.68.100 as now or hereafter amended, the personal
representative shall, when the administration of the estate has
been completed, file a declaration that must state as follows:
(a) The date of the decedent’s death and the decedent’s
residence at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the
decedent’s last will and testament and the date of the order
probating the will;
(d) That each creditor’s claim which was justly due and
properly presented as required by law has been paid or
otherwise disposed of by agreement with the creditor, and
that the amount of estate taxes due as the result of the
decedent’s death has been determined, settled, and paid;
(e) That the personal representative has completed the
administration of the decedent’s estate without court intervention, and the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses
(if known), and relationship of each heir of the decedent,
together with the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the
following: (i) Personal representative or representatives; (ii)
lawyer or lawyers; (iii) appraiser or appraisers; and (iv)
accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to
obtain court approval of the amount of the fees or to submit
an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in
this section, unless an heir, devisee, or legatee of a decedent
petitions the court either for an order requiring the personal
representative to obtain court approval of the amount of fees
paid or to be paid to the personal representative, lawyers,
appraisers, or accountants, or for an order requiring an
accounting, or both, within thirty days from the date of filing
a declaration of completion of probate, the personal representative will be automatically discharged without further
order of the court and the representative’s powers will cease
thirty days after the filing of the declaration of completion
of probate, and the declaration of completion of probate
shall, at that time, be the equivalent of the entry of a decree
of distribution in accordance with chapter 11.76 RCW for all
legal intents and purposes.
(3) Within five days of the date of the filing of the
declaration of completion, the personal representative or the
personal representative’s lawyer shall mail a copy of the
declaration of completion to each heir, legatee, or devisee of
the decedent, who: (a) Has not waived notice of the filing,
(2002 Ed.)
Settlement of Estates Without Administration
in writing, filed in the cause; and (b) either has not received
the full amount of the distribution to which the heir, legatee,
or devisee is entitled or has a property right that might be
affected adversely by the discharge of the personal representative under this section, together with a notice which shall
be substantially as follows:
CAPTION
NOTICE OF FILING OF
OF
DECLARATION OF COMPLETION
CASE
OF PROBATE
NOTICE IS GIVEN that the attached Declaration of
Completion of Probate was filed by the undersigned in the
above-entitled court on the . . . . day of . . . . . ., 19. . .;
unless you shall file a petition in the above-entitled court
requesting the court to approve the reasonableness of the
fees, or for an accounting, or both, and serve a copy thereof
upon the personal representative or the personal
representative’s lawyer, within thirty days after the date of
the filing, the amount of fees paid or to be paid will be
deemed reasonable, the acts of the personal representative
will be deemed approved, the personal representative will be
automatically discharged without further order of the court,
and the Declaration of Completion of Probate will be final
and deemed the equivalent of a Decree of Distribution
entered under chapter 11.76 RCW.
If you file and serve a petition within the period
specified, the undersigned will request the court to fix a time
and place for the hearing of your petition, and you will be
notified of the time and place thereof, by mail, or personal
service, not less than ten days before the hearing on the
petition.
Dated this . . . . day of . . . . . ., 19. . .
.........................
Personal Representative
(4) If all heirs, devisees, and legatees of the decedent
entitled to notice under this section waive, in writing, the
notice required by this section, the personal representative
will be automatically discharged without further order of the
court and the declaration of completion of probate will
become effective as a decree of distribution upon the date of
filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration
of completion is filed pursuant to this section, any bond
furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative. [1998 c 292 § 202; 1997 c 252 § 68; 1990 c 180 §
5; 1985 c 30 § 8. Prior: 1984 c 149 § 11; 1977 ex.s. c 234
§ 26; 1974 ex.s. c 117 § 23.]
Retroactive application—1998 c 292: See note following RCW
11.54.070.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Effective date, application—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
11.68.110
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.68.112 Final distribution upon declaration and
notice of filing of declaration of completion of probate—
Special powers of personal representative—Discharge
from liability. If the declaration of completion of probate
and the notice of filing of declaration of completion of
probate state that the personal representative intends to make
final distribution within five business days after the final
date on which a beneficiary could petition for an order to
approve fees or to require an accounting, which date is
referred to in this section as the "effective date of the
declaration of completion," and if the notice of filing of
declaration of completion of probate sent to each beneficiary
who has not received everything to which that beneficiary is
entitled from the decedent’s estate specifies the amount of
the minimum distribution to be made to that beneficiary, the
personal representative retains, for five business days
following the effective date of the declaration of completion,
the power to make the stated minimum distributions. In this
case, the personal representative is discharged from all
claims other than those relating to the actual distribution of
the reserve, at the effective date of the declaration of
completion. The personal representative is only discharged
from liability for the distribution of the reserve when the
whole reserve has been distributed and each beneficiary has
received at least the distribution which that beneficiary’s
notice stated that the beneficiary would receive. [1997 c 252
§ 69.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.68.114 Declaration of completion of probate—
Special powers of personal representative to hold reserve
and deal with taxing authorities—Notice of filing of declaration—Discharge from liability. (1) The personal
representative retains the powers to: Deal with the taxing
authority of any federal, state, or local government; hold a
reserve in an amount not to exceed three thousand dollars,
for the determination and payment of any additional taxes,
interest, and penalties, and of all reasonable expenses related
directly or indirectly to such determination or payment; pay
from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the
personal representative or by the personal representative’s
employees, independent contractors, and other agents, in
addition to any taxes, interest, or penalties assessed by a
taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of
the reserve to the intended beneficiaries of the reserve; if:
(a) In lieu of the statement set forth in RCW
11.68.110(1)(e), the declaration of completion of probate
states that:
The personal representative has completed the
administration of the decedent’s estate without
court intervention, and the estate is ready to be
closed, except for the determination of taxes and of
interest and penalties thereon as permitted under
this section;
and
(2002 Ed.)
[Title 11 RCW—page 59]
11.68.114
Title 11 RCW: Probate and Trust Law
(b) The notice of the filing of declaration of completion
of probate must be in substantially the following form:
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
CAPTION
NOTICE OF FILING OF
OF
DECLARATION OF COMPLETION
CASE
OF PROBATE
11.68.120 Nonintervention powers not deemed
waived by obtaining order or decree. A personal representative who has acquired nonintervention powers in accordance with this chapter shall not be deemed to have waived
his nonintervention powers by obtaining any order or decree
during the course of his administration of the estate. [1974
ex.s. c 117 § 24.]
NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the
undersigned in the above-entitled court on the . . .
day of . . . . , . . . .; unless you file a petition in the
above-entitled court requesting the court to approve
the reasonableness of the fees, or for an accounting,
or both, and serve a copy thereof upon the personal
representative or the personal representative’s
lawyer, within thirty days after the date of the
filing:
(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed
reasonable;
(ii) The Declaration of Completion of Probate
will be final and deemed the equivalent of a Decree
of Distribution entered under chapter 11.76 RCW;
(iii) The acts that the personal representative
performed before the Declaration of Completion of
Probate was filed will be deemed approved, and the
personal representative will be automatically
discharged without further order of the court with
respect to all such acts; and
(iv) The personal representative will retain the
power to deal with the taxing authorities, together
with $. . . . for the determination and payment of
all remaining tax obligations. Only that portion of
the reserve that remains after the settlement of any
tax liability, and the payment of any expenses
associated with such settlement, will be distributed
to the persons legally entitled to the reserve.
(2) If the requirements in subsection (1) of this section
are met, the personal representative is discharged from all
claims other than those relating to the settlement of any tax
obligations and the actual distribution of the reserve, at the
effective date of the declaration of completion. The personal
representative is discharged from liability from the settlement
of any tax obligations and the distribution of the reserve, and
the personal representative’s powers cease, thirty days after
the personal representative has mailed to those persons who
would have shared in the distribution of the reserve had the
reserve remained intact and has filed with the court copies
of checks or receipts showing how the reserve was in fact
distributed, unless a person with an interest in the reserve
petitions the court earlier within the thirty-day period for an
order requiring an accounting of the reserve or an order
determining the reasonableness, or lack of reasonableness, of
distributions made from the reserve. If the personal representative has been required to furnish a bond, any bond
furnished by the personal representative is automatically
discharged upon the final discharge of the personal representative. [1998 c 292 § 203; 1997 c 252 § 70.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
Chapter 11.72
DISTRIBUTION BEFORE SETTLEMENT
Sections
11.72.002
11.72.006
Delivery of specific property to distributee before final decree.
Decree of partial distribution—Distribution of part of estate.
11.72.002 Delivery of specific property to distributee before final decree. Upon application of the personal
representative, with or without notice as the court may
direct, the court may order the personal representative to
deliver to any distributee who consents to it, possession of
any specific real or personal property to which he is entitled
under the terms of the will or by intestacy, provided that
other distributees and claimants are not prejudiced thereby.
The court may at any time prior to the decree of final distribution order him to return such property to the personal
representative, if it is for the best interests of the estate. The
court may require the distributee to give security for such
return. [1965 c 145 § 11.72.002.]
11.72.006 Decree of partial distribution—
Distribution of part of estate. After the expiration of the
time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial
distribution may be decreed, with notice to interested
persons, as the court may direct. Such distribution shall be
as conclusive as a decree of final distribution with respect to
the estate distributed except to the extent that other
distributees and claimants are deprived of the fair share or
amount which they would otherwise receive on final distribution. Before a partial distribution is so decreed, the court
may require that security be given for the return of the
property so distributed to the extent necessary to satisfy any
distributees and claimants who may be prejudiced as
aforesaid by the distribution. In the event of a request for a
partial distribution asked by a person other than the personal
representative of the estate, the costs of such proceedings
and a reasonable allowance for attorneys fees shall be
assessed against the applicant or applicants for the benefit of
the estate. [1965 c 145 § 11.72.006. Formerly RCW
11.72.010 through 11.72.070.]
Retroactive application—1998 c 292: See note following RCW
11.54.070.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
[Title 11 RCW—page 60]
(2002 Ed.)
Settlement of Estates
Chapter 11.76
SETTLEMENT OF ESTATES
Sections
11.76.010
Report of personal representative—Contents—Interim reports.
11.76.020 Notice of hearing—Settlement of report.
11.76.030 Final report and petition for distribution—Contents.
11.76.040 Time and place of hearing—Notice.
11.76.050 Hearing on final report—Decree of distribution.
11.76.060 Continuance to cite in sureties on bond when account incorrect.
11.76.070 Attorney’s fees to contestant of erroneous account or report.
11.76.080 Representation of incapacitated person by guardian ad litem
or limited guardian—Exception.
11.76.095 Distribution of estates to minors.
11.76.100 Receipts for expenses from personal representative.
11.76.110 Order of payment of debts.
11.76.120 Limitation on preference to mortgage or judgment.
11.76.130 Expense of monument.
11.76.150 Payment of claims where estate insufficient.
11.76.160 Liability of personal representative.
11.76.170 Action on claim not acted on—Contribution.
11.76.180 Order maturing claim not due.
11.76.190 Procedure on contingent and disputed claim.
11.76.200 Agent for absentee distributee.
11.76.210 Agent’s bond.
11.76.220 Sale of unclaimed estate—Remittance of proceeds to department of revenue.
11.76.230 Liability of agent.
11.76.240 Claimant to proceeds of sale.
11.76.243 Heirs may institute probate proceedings if no claimant appears.
11.76.245 Procedure when claim made after time limitation.
11.76.247 When court retains jurisdiction after entry of decree of distribution.
11.76.250 Letters after final settlement.
Destruction of receipts for expenses under probate proceedings: RCW
36.23.065.
Estate and transfer taxes: Chapter 83.100 RCW.
11.76.010 Report of personal representative—
Contents—Interim reports. Not less frequently than
annually from the date of qualification, unless a final report
has theretofore been rendered, the personal representative
shall make, verify by his oath, and file with the clerk of the
court a report of the affairs of the estate. Such report shall
contain a statement of the claims filed and allowed and all
those rejected, and if it be necessary to sell, mortgage, lease
or exchange any property for the purpose of paying debts or
settling any obligations against the estate or expenses of
administration or allowance to the family, he may in such
report set out the facts showing such necessity and ask for
such sale, mortgage, lease or exchange; such report shall
likewise state the amount of property, real and personal,
which has come into his hands, and give a detailed statement
of all sums collected by him, and of all sums paid out, and
it shall state such other things and matters as may be proper
or necessary to give the court full information regarding any
transactions by him done or which should be done. Such
personal representative may at any time, however, make,
verify, and file any reports which in his judgment would be
proper or which the court may order to be made. [1965 c
145 § 11.76.010. Prior: 1917 c 156 § 159; RRS § 1529;
prior: Code 1881 § 1544; 1854 p 296 § 167.]
(2002 Ed.)
Chapter 11.76
11.76.020 Notice of hearing—Settlement of report.
It shall not be necessary for the personal representative to
give any notice of the hearing of any report prior to the final
report, except as in RCW 11.28.240 provided, but the court
may require notice of the hearing of any such report. [1965
c 145 § 11.76.020. Prior: 1917 c 156 § 160; RRS § 1530.]
11.76.030 Final report and petition for distribution—Contents. When the estate shall be ready to be
closed, such personal representative shall make, verify and
file with the court his final report and petition for distribution. Such final report and petition shall, among other
things, show that the estate is ready to be settled and shall
show any moneys collected since the previous report, and
any property which may have come into the hands of the
personal representative since his previous report, and debts
paid, and generally the condition of the estate at that time.
It shall likewise set out the names and addresses, as nearly
as may be, of all the legatees and devisees in the event there
shall have been a will, and the names and addresses, as
nearly as may be, of all the heirs who may be entitled to
share in such estate, and shall give a particular description
of all the property of the estate remaining undisposed of, and
shall set out such other matters as may tend to inform the
court of the condition of the estate, and it may ask the court
for a settlement of the estate and distribution of property and
the discharge of the personal representative. If the personal
representative has been discharged without having legally
closed the estate, without having legally obtained an adjudication as to the heirs, or without having legally procured a
decree of distribution or final settlement the court may in its
discretion upon petition of any person interested, cause all
such steps to be taken in such estate as were omitted or
defective. [1965 c 145 § 11.76.030. Prior: 1917 c 156 §
161; RRS § 1531; prior: 1891 c 155 § 34; Code 1881 §
1556; 1873 p 305 § 251; 1854 p 297 § 178.]
Discharge of personal representative for cause: RCW 11.28.160,
11.28.250.
11.76.040 Time and place of hearing—Notice.
When such final report and petition for distribution, or
either, has been filed, the court, or the clerk of the court,
shall fix a day for hearing it which must be at least twenty
days subsequent to the day of the publication as hereinafter
provided. Notice of the time and place fixed for the hearing
shall be given by the personal representative by publishing
a notice thereof in a legal newspaper published in the county
for one publication at least twenty days preceding the time
fixed for the hearing. It shall state in substance that a final
report and petition for distribution have, or either thereof
has, been filed with the clerk of the court and that the court
is asked to settle such report, distribute the property to the
heirs or persons entitled thereto, and discharge the personal
representative, and it shall give the time and place fixed for
the hearing of such final report and petition and shall be
signed by the personal representative or the clerk of the
court.
Whenever a final report and petition for distribution, or
either, shall have been filed in the estate of a decedent and
a day fixed for the hearing of the same, the personal
representative of such estate shall, not less than twenty days
[Title 11 RCW—page 61]
11.76.040
Title 11 RCW: Probate and Trust Law
before the hearing, cause to be mailed a copy of the notice
of the time and place fixed for hearing to each heir, legatee,
devisee and distributee whose name and address are known
to him, and proof of such mailing shall be made by affidavit
and filed at or before the hearing. [1969 c 70 § 3; 1965 c
145 § 11.76.040. Prior: 1955 c 205 § 13; 1919 c 31 § 1;
1917 c 156 § 162; RRS § 1532. FORMER PART OF
SECTION: re Notice of appointment as personal representative, now codified as RCW 11.28.237.]
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.76.050 Hearing on final report—Decree of
distribution. Upon the date fixed for the hearing of such
final report and petition for distribution, or either thereof, or
any day to which such hearing may have been adjourned by
the court, if the court be satisfied that the notice of the time
and place of hearing has been given as provided herein, it
may proceed to the hearing aforesaid. Any person interested
may file objections to the said report and petition for
distribution, or may appear at the time and place fixed for
the hearing thereof and present his objections thereto. The
court may take such testimony as to it appears proper or
necessary to determine whether the estate is ready to be
settled, and whether the transactions of the personal representative should be approved, and to determine who are the
legatees or heirs or persons entitled to have the property
distributed to them, and the court shall, if it approves such
report, and finds the estate ready to be closed, cause to be
entered a decree approving such report, find and adjudge the
persons entitled to the remainder of the estate, and that all
debts have been paid, and by such decree shall distribute the
real and personal property to those entitled to the same.
Upon the production of receipts from the beneficiaries or
distributees for their portions of the estate, the court shall, if
satisfied with the correctness thereof, adjudge the estate
closed and discharge the personal representative.
The court may, upon such final hearing, partition among
the persons entitled thereto, the estate held in common and
undivided, and designate and distribute their respective
shares; or assign the whole or any part of said estate to one
or more of the persons entitled to share therein. The person
or persons to whom said estate is assigned shall pay or
secure to the other parties interested in said estate their just
proportion of the value thereof as determined by the court
from the appraisement, or from any other evidence which the
court may require.
If it shall appear to the court at or prior to any final
hearing that the estate cannot be fairly divided, then the
whole or any part of said estate may be sold or mortgaged
in the manner provided by law for the sale or mortgaging of
property by personal representatives and the proceeds thereof
distributed to the persons entitled thereto as provided in the
final decree.
The court shall have the authority to make partition,
distribution and settlement of all estates in any manner
which to the court seems right and proper, to the end that
such estates may be administered and distributed to the
persons entitled thereto. No estate shall be partitioned, nor
sale thereof made where partition is impracticable except
upon a hearing before the court and the court shall fix the
values of the several pieces or parcels to be partitioned at the
[Title 11 RCW—page 62]
time of making such order of partition or sale; and may
order the property sold and the proceeds distributed, or may
order partition and distribute the several pieces or parcels,
subject to such charges or burdens as shall be proper and
equitable.
The provisions of this section shall be concurrent with
and not in derogation of other statutes as to partition of
property or sale. [1965 c 145 § 11.76.050. Prior: 1921 c
93 § 1; 1917 c 156 § 163; RRS § 1533; prior: Code 1881
§ 1557; 1854 p 297 § 179.]
Partition: Chapter 7.52 RCW.
11.76.060 Continuance to cite in sureties on bond
when account incorrect. If, at any hearing upon any report
of any personal representative, it shall appear to the court
before which said proceeding is pending that said personal
representative has not fully accounted to the beneficiaries of
his trust and that said report should not be approved as
rendered, the court may continue said hearing to a day
certain and may cite the surety upon the bond of said personal representative to appear upon the date fixed in said
citation and show cause why the account should not be
disapproved and judgment entered for any deficiency against
said personal representative and the surety upon his bond.
Said citation shall be personally served upon said surety in
the manner provided by law for the service of summons in
civil actions and shall be served not less than twenty days
previous to said hearing. At said hearing any interested
party, including the surety so cited, shall have the right to
introduce any evidence which shall be material to the matter
before the court. If, at said hearing, the report of said
personal representative shall not be approved and the court
shall find that said personal representative is indebted to the
beneficiary of his trust in any amount, the court may
thereupon enter final judgment against said personal representative and the surety upon his bond, which judgment shall
be enforceable in the same manner and to the same extent as
judgments in ordinary civil actions. [1965 c 145 §
11.76.060. Prior: 1937 c 28 § 1; RRS § 1590-1.]
11.76.070 Attorney’s fees to contestant of erroneous
account or report. If, in any probate or guardianship
proceeding, any personal representative shall fail or neglect
to report to the court concerning his trust and any beneficiary or other interested party shall be reasonably required
to employ legal counsel to institute legal proceedings to
compel an accounting, or if an erroneous account or report
shall be rendered by any personal representative and any
beneficiary of said trust or other interested party shall be
reasonably required to employ legal counsel to resist said
account or report as rendered, and upon a hearing an
accounting shall be ordered, or the account as rendered shall
not be approved, and the said personal representative shall
be charged with further liability, the court before which said
proceeding is pending may, in its discretion, in addition to
statutory costs, enter judgment for reasonable attorney’s fees
in favor of the person or persons instituting said proceedings
and against said personal representative, and in the event that
the surety or sureties upon the bond of said personal representative be made a party to said proceeding, then jointly
against said surety and said personal representative, which
(2002 Ed.)
Settlement of Estates
judgment shall be enforced in the same manner and to the
same extent as judgments in ordinary civil actions. [1965 c
145 § 11.76.070. Prior: 1937 c 28 § 2; RRS § 1590-2.]
Rules of court: SPR 98.12W.
11.76.080 Representation of incapacitated person by
guardian ad litem or limited guardian—Exception. If
there be any alleged incapacitated person as defined in RCW
11.88.010 interested in the estate who has no legally appointed guardian or limited guardian, the court:
(1) At any stage of the proceeding in its discretion and
for such purpose or purposes as it shall indicate, may
appoint; and
(2) For hearings held under RCW 11.54.010, 11.68.041,
11.68.100, and 11.76.050 or for entry of an order adjudicating testacy or intestacy and heirship when no personal
representative is appointed to administer the estate of the
decedent, shall appoint some disinterested person as guardian
ad litem to represent the allegedly incapacitated person with
reference to any petition, proceeding report, or adjudication
of testacy or intestacy without the appointment of a personal
representative to administer the estate of decedent in which
the alleged incapacitated person may have an interest, who,
on behalf of the alleged incapacitated person, may contest
the same as any other person interested might contest it, and
who shall be allowed by the court reasonable compensation
for his or her services: PROVIDED, HOWEVER, That
where a surviving spouse is the sole beneficiary under the
terms of a will, the court may grant a motion by the personal
representative to waive the appointment of a guardian ad
litem for a person who is the minor child of the surviving
spouse and the decedent and who is incapacitated solely for
the reason of his or her being under eighteen years of age.
[1997 c 252 § 71; 1977 ex.s. c 80 § 15; 1974 ex.s. c 117 §
45; 1971 c 28 § 1; 1969 c 70 § 4; 1965 c 145 § 11.76.080.
Prior: 1917 c 156 § 164; RRS § 1534; prior: Code 1881 §
1558; 1854 p 297 § 180.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.76.095 Distribution of estates to minors. When
a decree of distribution is made by the court in administration upon a decedent’s estate or when distribution is made
by a personal representative under a nonintervention will and
distribution is ordered under such decree or authorized under
such nonintervention will to a person under the age of
eighteen years, it shall be required that:
(1) The money be deposited in a bank or trust company
or be invested in an account in an insured financial institution for the benefit of the minor subject to withdrawal only
upon the order of the court in the original probate proceeding, or upon said minor’s attaining the age of eighteen
years and furnishing proof thereof satisfactory to the depositary;
(2) A general guardian shall be appointed and qualify
and the money or property be paid or delivered to such
guardian prior to the discharge of the personal representative
in the original probate proceeding; or
(2002 Ed.)
11.76.070
(3) A custodian be selected and the money or property
be transferred to the custodian subject to chapter 11.114
RCW. [1997 c 252 § 72; 1991 c 193 § 28; 1988 c 29 § 5;
1974 ex.s. c 117 § 12; 1971 c 28 § 3; 1965 c 145 §
11.76.095.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
Effective date—Severability—1991 c 193: See RCW 11.114.903
and 11.114.904.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.76.100 Receipts for expenses from personal
representative. In rendering his accounts or reports the
personal representative shall produce receipts or canceled
checks for the expenses and charges which he shall have
paid, which receipts shall be filed and remain in court until
the probate has been completed and the personal representative has been discharged; however, he may be allowed
any item of expenditure, not exceeding twenty dollars, for
which no receipt is produced, if such item be supported by
his own oath, but such allowances without receipts shall not
exceed the sum of three hundred dollars in any one estate.
[1987 c 363 § 2; 1965 c 145 § 11.76.100. Prior: 1917 c
156 § 170; RRS § 1540; prior: Code 1881 § 1553; 1854 p
297 § 176.]
11.76.110 Order of payment of debts. After payment of costs of administration the debts of the estate shall
be paid in the following order:
(1) Funeral expenses in such amount as the court shall
order.
(2) Expenses of the last sickness, in such amount as the
court shall order.
(3) Wages due for labor performed within sixty days
immediately preceding the death of decedent.
(4) Debts having preference by the laws of the United
States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his
lifetime which are liens upon real estate on which executions
might have been issued at the time of his death, and debts
secured by mortgages in the order of their priority.
(7) All other demands against the estate. [1965 c 145
§ 11.76.110. Prior: 1917 c 156 § 171; RRS § 1541; prior:
Code 1881 § 1562; 1860 p 213 § 264; 1854 p 298 § 184.]
Borrowing on general credit of estate: RCW 11.56.280.
Claims against estate: Chapter 11.40 RCW.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10
RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
Wages, preference on death of employer: RCW 49.56.020.
11.76.120 Limitation on preference to mortgage or
judgment. The preference given in RCW 11.76.110 to a
mortgage or judgment shall only extend to the proceeds of
the property subject to the lien of such mortgage or judgment. [1965 c 145 § 11.76.120. Prior: 1917 c 156 § 172;
RRS § 1542; prior: 1897 c 22 § 1; Code 1881 § 1653; 1854
p 298 § 185.]
[Title 11 RCW—page 63]
11.76.130
Title 11 RCW: Probate and Trust Law
11.76.130 Expense of monument. Personal representatives of the estate of any deceased person are hereby
authorized to expend a reasonable amount out of the estate
of the decedent to erect a monument or tombstone suitable
to mark the grave or crypt of the said decedent, and the
expense thereof shall be paid as the funeral expenses are
paid. [1965 c 145 § 11.76.130. Prior: 1917 c 156 § 175;
RRS § 1545; prior: Code 1881 § 1555; 1875 p 127 § 1.]
11.76.150 Payment of claims where estate insufficient. If the estate shall be insufficient to pay the debts of
any class, each creditor shall be paid in proportion to his
claim, and no other creditor of any lower class shall receive
any payment until all those of the preceding class shall have
been fully paid. [1965 c 145 § 11.76.150. Prior: 1917 c
156 § 174; RRS § 1544; prior: Code 1881 § 1564; 1854 p
298 § 186.]
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Priority of sale, etc. as between realty and personalty: Chapter 11.10
RCW.
11.76.160 Liability of personal representative.
Whenever a decree shall have been made by the court for
the payment of creditors, the personal representative shall be
personally liable to each creditor for his claim or the
dividend thereon, except when his inability to make the
payment thereof from the property of the estate shall result
without fault upon his part. The personal representative shall
likewise be liable on his bond to each creditor. [1965 c 145
§ 11.76.160. Prior: 1917 c 156 § 176; RRS § 1546; prior:
1891 c 155 § 35; Code 1881 § 1568; 1854 p 299 § 190.]
11.76.170 Action on claim not acted on—
Contribution. If, after the accounts of the personal representative have been settled and the property distributed, it
shall appear that there is a creditor or creditors whose claim
or claims have been duly filed and not paid or disallowed,
the said claim or claims shall not be a lien upon any of the
property distributed, but the said creditor or creditors shall
have a cause of action against the personal representative
and his bond, for such an amount as such creditor or
creditors would have been entitled to receive had the said
claim been duly allowed and paid, and shall also have a
cause of action against the distributees and creditors for a
contribution from them in proportion to the amount which
they have received. If the personal representative or his
sureties be required to make any payment in this section
provided for, he or they shall have a right of action against
said distributees and creditors to compel them to contribute
their just share. [1965 c 145 § 11.76.170. Prior: 1917 c
156 § 177; RRS § 1547; prior: Code 1881 § 1569; 1860 p
214 § 271; 1854 p 299 § 191.]
11.76.180 Order maturing claim not due. If there
be any claim not due the court may in its discretion, after
hearing upon such notice as may be determined by it, mature
such claim and direct that the same be paid in the due course
of the administration. [1965 c 145 § 11.76.180. Prior:
[Title 11 RCW—page 64]
1917 c 156 § 178; RRS § 1548; prior: Code 1881 § 1567;
1854 p 298 § 189.]
11.76.190 Procedure on contingent and disputed
claim. If there be any contingent or disputed claim against
the estate, the amount thereof, or such part thereof as the
holder would be entitled to, if the claim were established or
absolute, shall be paid into the court, where it shall remain
to be paid over to the party when he shall become entitled
thereto; or if he fail to establish his claim, to be paid over or
distributed as the circumstances of the case may require.
[1965 c 145 § 11.76.190. Prior: 1917 c 156 § 179; RRS §
1549; prior: Code 1881 § 1567; 1854 p 298 § 189.]
11.76.200 Agent for absentee distributee. When any
estate has been or is about to be distributed by decree of the
court as provided in this chapter, to any person who has not
been located, the court shall appoint an agent for the purpose
of representing the interests of such person and of taking
possession and charge of said estate for the benefit of such
absentee person: PROVIDED, That no public official may
be appointed as agent under this section. [1965 c 145 §
11.76.200. Prior: 1955 ex.s. c 7 § 1; 1917 c 156 § 165;
RRS § 1535.]
11.76.210 Agent’s bond. Such agent shall make,
subscribe and file an oath for the faithful performance of his
duties, and shall give a bond to the state, to be approved by
the court, conditioned faithfully to manage and account for
such estate, before he shall be authorized to receive any
property of said estate. [1965 c 145 § 11.76.210. Prior:
1955 ex.s. c 7 § 2; 1917 c 156 § 166; RRS § 1536.]
11.76.220 Sale of unclaimed estate—Remittance of
proceeds to department of revenue. If the estate remains
in the hands of the agent unclaimed for three years, any
property not in the form of cash shall be sold under order of
the court, and all funds, after deducting a reasonable sum for
expenses and services of the agent, to be fixed by the court,
shall be paid into the county treasury. The county treasurer
shall issue triplicate receipts therefor, one of which shall be
filed with the county auditor, one with the court, and one
with the department of revenue. If the funds remain in the
county treasury unclaimed for a period of four years and
ninety days, the county treasurer shall forthwith remit them
to the department of revenue for deposit in the state treasury
in the fund in which escheats and forfeitures are by law
required to be deposited. [1975 1st ex.s. c 278 § 10; 1965
c 145 § 11.76.220. Prior: 1955 ex.s. c 7 § 4; 1917 c 156 §
167; RRS § 1537.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Escheats: Chapter 11.08 RCW.
11.76.230 Liability of agent. The agent shall be
liable on his bond for the care and preservation of the estate
while in his hands, and for the payment of the funds to the
county treasury, and may be sued thereon by any person
interested including the state. [1965 c 145 § 11.76.230.
Prior: 1955 ex.s. c 7 § 5; 1917 c 156 § 168; RRS § 1538.]
(2002 Ed.)
Settlement of Estates
11.76.240 Claimant to proceeds of sale. During the
time the estate is held by the agent, or within four years
after it is delivered to the county treasury, claim may be
made thereto only by the absentee person or his legal
representative, excepting that if it clearly appears that such
person died prior to the decedent in whose estate distribution
was made to him, but leaving lineal descendants surviving,
such lineal descendants may claim. If any claim to the
estate is made during the period specified above, the
claimant shall forthwith notify the department of revenue in
writing of such claim. The court, being first satisfied as to
the right of such person to the estate, and after the filing of
a clearance from the department of revenue, shall order the
agent, or the county treasurer, as the case may be, to
forthwith deliver the estate, or the proceeds thereof, if sold,
to such person. [1975 1st ex.s. c 278 § 11; 1965 c 145 §
11.76.240. Prior: 1955 ex.s. c 7 § 6; 1917 c 156 § 169;
RRS § 1539.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.76.243 Heirs may institute probate proceedings
if no claimant appears. If no person appears to claim the
estate within four years after it is delivered to the county
treasury, as provided by RCW 11.76.240, any heirs of the
absentee person may institute probate proceedings on the
estate of such absentee within ninety days thereafter. The
fact that no claim has been made to the estate by the
absentee person during the specified time shall be deemed
prima facie proof of the death of such person for the purpose
of issuing letters of administration in his estate. In the event
letters of administration are issued within the period provided above, the county treasurer shall make payment of the
funds held by him to the administrator upon being furnished
a certified copy of the letters of administration. [1965 c 145
§ 11.76.243. Prior: 1955 ex.s. c 7 § 7.]
11.76.245 Procedure when claim made after time
limitation. After any time limitation prescribed in RCW
11.76.220, 11.76.240 or 11.76.243, the absentee claimant
may, at any time, if the assets of the estate have not been
claimed under the provisions of RCW 11.76.240 and
11.76.243, notify the department of revenue of his claim to
the estate, and file in the court which had jurisdiction of the
original probate a petition claiming the assets of the estate.
The department of revenue may appear in answer to such
petition. Upon proof being made to the probate court that
the claimant is entitled to the estate assets, the court shall
render its judgment to that effect and the assets shall be paid
to the claimant without interest, upon appropriation made by
the legislature. [1975 1st ex.s. c 278 § 12; 1965 c 145 §
11.76.245. Prior: 1955 ex.s. c 7 § 8.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
11.76.247 When court retains jurisdiction after
entry of decree of distribution. After the entry of the
decree of distribution in the probate proceedings the court
shall retain jurisdiction for the purpose of carrying out the
provisions of RCW 11.76.200, 11.76.210, 11.76.220,
(2002 Ed.)
11.76.240
11.76.230, 11.76.240, 11.76.243 and 11.76.245. [1965 c 145
§ 11.76.247. Prior: 1955 ex.s. c 7 § 3.]
11.76.250 Letters after final settlement. A final
settlement of the estate shall not prevent a subsequent
issuance of letters of administration, should other property of
the estate be discovered, or if it should become necessary
and proper from any cause that letters should be again issued. [1965 c 145 § 11.76.250. Prior: 1917 c 156 § 180;
RRS § 1550; prior: Code 1881 § 1603; 1854 p 304 § 224.]
Chapter 11.80
ESTATES OF ABSENTEES
Sections
11.80.010
11.80.020
11.80.030
11.80.040
11.80.050
11.80.055
Petition—Notice—Hearing—Appointment of trustee.
Inventory and appraisement—Bond of trustee.
Reports of trustee.
Sale of property—Application of proceeds and income.
Allowance for support of dependents—Sale of property.
Continuation of absentee’s business—Performance of
absentee’s contracts.
11.80.060 Removal or resignation of trustee—Final account.
11.80.070 Period of trusteeship.
11.80.080 Provisional distribution—Notice of hearing—Will.
11.80.090 Hearing—Distribution—Bond of distributees.
11.80.100 Final distribution—Notice of hearing—Decree.
11.80.110 Escheat for want of presumptive heirs.
11.80.120 Personnel missing in action, interned, or captured construed
as "absentee."
11.80.130 Summary procedure without full trustee proceeding—When
permitted—Application for order—Form.
Unknown heirs, etc.—Pleading, etc.: RCW 4.28.140 through 4.28.160;
Rules of court: CR 10.
Written finding of presumed death, missing in action, etc.: RCW 5.40.020
through 5.40.040.
11.80.010 Petition—Notice—Hearing—Appointment
of trustee. Whenever it shall be made to appear by petition
to any judge of the superior court of any county that there is
property in such county, either real or personal, that requires
care and attention, or is in such a condition that it is a menace to the public health, safety or welfare, or that the
custodian of such property appointed by the owner thereof
is either unable or unwilling to continue longer in the care
and custody thereof, and that the owner of such property has
absented himself from the county and that his whereabouts
is unknown and cannot with reasonable diligence be ascertained, or that the absentee owner is a person defined in
RCW 11.80.120, which petition shall state the name of the
absent owner, his approximate age, his last known place of
residence, the circumstances under which he left and the
place to which he was going, if known, his business or
occupation and his physical appearance and habits so far as
known, the judge to whom such petition is presented shall
set a time for hearing such petition not less than six weeks
from the date of filing, and shall by order direct that a notice
of such hearing be published for three successive weeks in
a legal newspaper published in the county where such
petition is filed and in such other counties and states as will
in the judgment of the court be most likely to come to the
attention of the absentee or of persons who may know his
whereabouts, which notice shall state the object of the
petition and the date of hearing, and set forth such facts and
[Title 11 RCW—page 65]
11.80.010
Title 11 RCW: Probate and Trust Law
circumstances as in the judgment of the court will aid in
identifying the absentee, and shall contain a request that all
persons having knowledge concerning the absentee shall
advise the court of the facts: PROVIDED, HOWEVER,
That the court may, upon the filing of said petition, appoint
a temporary trustee, who shall have the powers, duties and
qualifications of a special administrator.
If it shall appear at such hearing that the whereabouts of
the absentee is unknown, but there is reason to believe that
upon further investigation and inquiry he may be found, the
judge may continue the hearing and order such inquiry and
advertisement as will in his discretion be liable to disclose
the whereabouts of the absentee, but when it shall appear to
the judge at such hearing or any adjournment thereof that the
whereabouts of the absentee cannot be ascertained, he shall
appoint a suitable person resident of the county as trustee of
such property, taking into consideration the character of the
property and the fitness of such trustee to care for the same,
preferring in such appointment the husband or wife of the
absentee to his presumptive heirs, the presumptive heirs to
kin more remote, the kin to strangers, and creditors to those
who are not otherwise interested, provided they are fit persons to have the care and custody of the particular property
in question and will accept the appointment and qualify as
hereinafter provided. [1972 ex.s. c 83 § 1; 1965 c 145 §
11.80.010. Prior: 1915 c 39 § 1; RRS § 1715-1.]
Special administrators: Chapter 11.32 RCW.
11.80.020 Inventory and appraisement—Bond of
trustee. The trustee so appointed shall make, subscribe and
file in the office of the clerk of the court an oath for the
faithful performance of his duties, and shall, within such
time as may be fixed by the judge, prepare and file an
inventory of such property, and the judge shall thereupon
appoint a disinterested and qualified person to appraise such
property, and report his appraisement to the court within
such time as the court may fix. Upon the coming in of the
inventory and appraisement, the judge shall fix the amount
of the bond to be given by the trustee, which bond shall in
no case be less than the appraised value of the personal
property and the annual rents and profits of the real property,
and the trustee shall thereupon file with the clerk of the
court a good and sufficient bond in the amount fixed and
with surety to be approved by the court, conditioned for the
faithful performance of his duties as trustee, and for accounting for such property, its rents, issues, profits, and increase.
[1967 c 168 § 15; 1965 c 145 § 11.80.020. Prior: 1915 c
39 § 2; RRS § 1715-2.]
11.80.030 Reports of trustee. The trustee shall, at the
expiration of one year from the date of his appointment and
annually thereafter and at such times as the court may direct,
make and file a report and account of his trusteeship, setting
forth specifically the amounts received and expended and the
conditions of the property. [1965 c 145 § 11.80.030. Prior:
1915 c 39 § 3; RRS § 1715-3.]
11.80.040 Sale of property—Application of proceeds
and income. If necessary to pay debts against the absentee
which have been duly approved and allowed in the same
form and manner as provided for the approving and allowing
[Title 11 RCW—page 66]
of claims against the estate of a deceased person or for such
other purpose as the court may deem proper for the preservation of the estate, the trustee may sell, lease or mortgage
real or personal property of the estate under order of the
court so to do, which order shall specify the particular
property affected and the method, whether by public sale,
private sale or by negotiation, and the terms thereof, and the
trustee shall hold the proceeds of such sale, after deducting
the necessary expenses thereof, subject to the order of the
court. The trustee is authorized and empowered to, by order
of the court, expend the proceeds received from the sale of
such property, and also the rents, issues and profits accruing
therefrom in the care, maintenance and upkeep of the
property, so long as the trusteeship shall continue, and the
trustee shall receive out of such property such compensation
for his services and those of his attorney as may be fixed by
the court. The notices and procedures in conducting sales,
leases and mortgages hereunder shall be as provided in
chapter 11.56 RCW. [1965 c 145 § 11.80.040. Prior: 1915
c 39 § 4; RRS § 1715-4.]
Rules of court: SPR 98.12W.
11.80.050 Allowance for support of dependents—
Sale of property. Whenever a petition is filed in said estate
from which it appears to the satisfaction of the court that the
owner of such property left a husband or wife, child or
children, dependent upon such absentee for support or upon
the property in the estate of such absentee, either in whole
or in part, the court shall hold a hearing on said petition,
after such notice as the court may direct, and upon such
hearing shall enter such order as it deems advisable and may
order an allowance to be paid out of any of the property of
such estate, either community or separate, as the court shall
deem reasonable and necessary for the support and maintenance of such dependent or dependents, pending the return
of the absentee, or until such time as the property of said
estate may be provisionally distributed to the presumptive
heirs or to the devisees and legatees. Such allowance shall
be paid by the trustee to such persons and in such manner
and at such periods of time as the court may direct. For the
purpose of carrying out the provisions of this section the
court may direct the sale of any of the property of the estate,
either real or personal, in accordance with the provisions of
RCW 11.80.040. [1965 c 145 § 11.80.050. Prior: 1925
ex.s. c 80 § 1; RRS § 1715-4a.]
11.80.055 Continuation of absentee’s business—
Performance of absentee’s contracts. Upon a showing of
advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in
accordance with the provisions of RCW 11.48.025. The
trustee may also obtain an order allowing the performance of
the absentee’s contracts in accordance with the provisions of
chapter 11.60 RCW. [1965 c 145 § 11.80.055.]
11.80.060 Removal or resignation of trustee—Final
account. The court shall have the power to remove or to
accept the resignation of such trustee and appoint another in
his stead. At the termination of his trust, as hereinafter provided or in case of his resignation or removal, the trustee
shall file a final account, which account shall be settled in
(2002 Ed.)
Estates of Absentees
the manner provided by law for settling the final accounts of
personal representatives. [1965 c 145 § 11.80.060. Prior:
1915 c 39 § 5; RRS § 1715-5.]
11.80.070 Period of trusteeship. Such trusteeship
shall continue until such time as the owner of such property
shall return or shall appoint a duly authorized agent or
attorney in fact to care for such property, or until such time
as the property shall be provisionally distributed to the presumptive heirs, or to the devisees and legatees of the
absentee as hereinafter provided, or until such time as the
property shall escheat to the state as hereinafter provided.
[1965 c 145 § 11.80.070. Prior: 1915 c 39 § 6; RRS §
1715-6.]
11.80.080 Provisional distribution—Notice of
hearing—Will. Whenever the owner of such property shall
have been absent from the county for the space of five years
and his whereabouts are unknown and cannot with reasonable diligence be ascertained, his presumptive heirs at law
may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution
may be made at any time prior to the expiration of five
years, when it shall be made to appear to the satisfaction of
the court that there are strong presumptions that the absentee
is dead; and in determining the question of presumptive
death, the court shall take into consideration the habits of the
absentee, the motives of and the circumstances surrounding
the absence, and the reasons which may have prevented the
absentee from being heard of.
Notice of hearing upon application for provisional
distribution shall be published in like manner as notices for
the appointment of trustees are published.
If the absentee left a will in the possession of any
person such person shall present such will at the time of
hearing of the application for provisional distribution and if
it shall be made to appear to the court that the absentee has
left a will and the person in possession thereof shall fail to
present it, a citation shall issue requiring him so to do, and
such will shall be opened, read, proven, filed and recorded
in the case, as are the wills of decedents. [1965 c 145 §
11.80.080. Prior: 1915 c 39 § 7; RRS § 1715-7.]
11.80.060
and in ten times the amount of estimated annual rents, issues
and profits of any real property so provisionally distributed.
[1965 c 145 § 11.80.090. Prior: 1915 c 39 § 8; RRS §
1715-8.]
11.80.100 Final distribution—Notice of hearing—
Decree. Whenever the owner of such property shall have
been absent from the county for a space of seven years and
his whereabouts are unknown and cannot with reasonable
diligence be ascertained, his presumptive heirs at law or the
legatees and devisees under the will, as the case may be, to
whom the property has been provisionally distributed, may
apply to the court for a decree of final distribution of such
property and satisfaction, discharge and exoneration of the
bonds given upon provisional distribution. Notice of hearing
of such application shall be given in the same manner as
notice of hearing of application for the appointment of
trustee and for provisional distribution and if at the final
hearing it shall appear to the satisfaction of the court that the
owner of the property has been absent and unheard of for the
space of seven years and his whereabouts are unknown, the
court shall exonerate the bonds given on provisional distribution and enter a decree of final distribution, distributing the
property to the presumptive heirs at law of the absentee or
to his devisees and legatees, as the case may be. [1965 c
145 § 11.80.100. Prior: 1915 c 39 § 9; RRS § 1715-9.]
11.80.110 Escheat for want of presumptive heirs.
Whenever the owner of such property for which a trustee has
been appointed under the provisions of this chapter shall
have been absent and unheard of for a period of seven years
and no presumptive heirs at law have appeared and applied
for the provisional distribution of such property and no will
of the absentee has been presented and proven, the trustee
appointed under the provisions of the chapter shall apply to
the court for a final settlement of his account and upon the
settlement of such final account the property of the absentee
shall be escheated in the manner provided by law for
escheating property of persons who die intestate leaving no
heirs. [1965 c 145 § 11.80.110. Prior: 1915 c 39 § 10;
RRS § 1715-10.]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Notice for appointment of trustees: RCW 11.80.010.
11.80.090 Hearing—Distribution—Bond of
distributees. If it shall appear to the satisfaction of the
court upon the hearing of the application for provisional
distribution that the absentee has been absent and his
whereabouts unknown for the space of five years, or there
are strong presumptions that he is dead, the court shall enter
an order directing that the property in the hands of the
trustee shall be provisionally distributed to the presumptive
heirs, or to the devisees and legatees under the will, as the
case may be, upon condition that such heirs, devisees and
legatees respectively give and file in the court bonds with
good and sufficient surety to be approved by the court,
conditioned for the return of or accounting for the property
provisionally distributed in case the absentee shall return and
demand the same, which bonds shall be respectively in twice
the amount of the value of the personal property distributed,
(2002 Ed.)
11.80.120 Personnel missing in action, interned, or
captured construed as "absentee." Any person serving in
or with the armed forces of the United States, in or with the
Red Cross, or in or with the merchant marine or otherwise,
during any period of time when a state of hostilities exists
between the United States and any other power and for one
year thereafter, who has been reported or listed as missing
in action, or interned in a neutral country, or captured by the
enemy, shall be an "absentee" within the meaning of this
chapter. [1972 ex.s. c 83 § 2.]
11.80.130 Summary procedure without full trustee
proceeding—When permitted—Application for order—
Form. (1) If the spouse of any absentee owner, or his next
of kin, if said absentee has no spouse, shall wish to sell or
transfer any property of the absentee which has a gross value
of less than five thousand dollars, or shall require the
[Title 11 RCW—page 67]
11.80.130
Title 11 RCW: Probate and Trust Law
consent of the absentee in any matter regarding the
absentee’s children, or any other matter in which the gross
value of the subject matter is less than five thousand dollars,
such spouse or next of kin may apply to the superior court
for an order authorizing said sale, transfer, or consent
without opening a full trustee proceeding as provided in this
chapter. The applicant may make the application without the
assistance of an attorney. Said application shall be made by
petition on the following form, which form shall be made
readily available to the applicant by the clerk of the superior
court.
IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
................... , ⎫
Plaintiff, ⎪
vs.
⎪
................... , ⎬
Defendant.⎪
⎪
................... âŽ
No. . . . .
PETITION FOR
SUMMARY
RELIEF
Petitioner, . . . . . ., whose residence is . . . . . . . . ., and
. . . . . . . . ., Washington, and who is the . . . . . . of the absentee, . . . . . ., states that the absentee has been
. . . . . . . . . since . . . . . ., when . . . . . . . . . Petitioner
desires to sell/transfer . . . . . . of the value of . . . . . .,
because . . . . . . . . . The terms of the sale/transfer are
. . . . . . . . . Petitioner requires the consent of the absentee
for the purpose of . . . . . . . . .
......................
Petitioner
(Affidavit of Acknowledgment)
(2) The court may, without notice, enter an order on
said petition if it deems the relief requested in said petition
necessary to protect the best interests of the absentee or his
dependents.
(3) Such order shall be prima facie evidence of the
validity of the proceedings and the authority of the petitioner
to make a conveyance or transfer of the property or to give
the absentee’s consent in any manner described by subsection (1) of this section. [1972 ex.s. c 83 § 3.]
Chapter 11.84
INHERITANCE RIGHTS OF SLAYERS
Sections
11.84.010
11.84.020
11.84.025
11.84.030
11.84.040
11.84.050
11.84.060
11.84.070
11.84.080
11.84.090
11.84.100
11.84.110
11.84.120
11.84.130
Definitions.
Slayer not to benefit from death.
Disposition of retirement system proceeds payable to slayer.
Slayer deemed to predecease decedent.
Distribution of decedent’s property.
Distribution of property held jointly with slayer.
Reversion and vested remainder.
Property subject to divestment, etc.
Contingent remainders and future interests.
Property appointed—Powers of revocation or appointment.
Insurance proceeds.
Payment by insurance company, bank, etc.—No additional
liability.
Rights of persons without notice dealing with slayer.
Record of conviction as evidence against claimant of property.
[Title 11 RCW—page 68]
11.84.900
Chapter to be construed broadly.
11.84.010 Definitions. As used in this chapter:
(1) "Slayer" shall mean any person who participates,
either as a principal or an accessory before the fact, in the
wilful and unlawful killing of any other person.
(2) "Decedent" shall mean any person whose life is so
taken.
(3) "Property" shall include any real and personal
property and any right or interest therein. [1965 c 145 §
11.84.010. Prior: 1955 c 141 § 1.]
11.84.020 Slayer not to benefit from death. No
slayer shall in any way acquire any property or receive any
benefit as the result of the death of the decedent, but such
property shall pass as provided in the sections following.
[1965 c 145 § 11.84.020. Prior: 1955 c 141 § 2.]
11.84.025 Disposition of retirement system proceeds
payable to slayer. Proceeds payable to a slayer as the
beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the
decedent’s membership in the department of retirement
systems or by virtue of the death of decedent, shall be paid
instead as designated in RCW 41.04.273. [1998 c 292 §
502.]
Application—Conflict with federal requirements—1998 c 292: See
notes following RCW 41.04.273.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
11.84.030 Slayer deemed to predecease decedent.
The slayer shall be deemed to have predeceased the decedent
as to property which would have passed from the decedent
or his estate to the slayer under the statutes of descent and
distribution or have been acquired by statutory right as
surviving spouse or under any agreement made with the
decedent under the provisions of RCW 26.16.120 as it now
exists or is hereafter amended. [1965 c 145 § 11.84.030.
Prior: 1955 c 141 § 3.]
11.84.040 Distribution of decedent’s property.
Property which would have passed to or for the benefit of
the slayer by devise or legacy from the decedent shall be
distributed as if he had predeceased the decedent. [1965 c
145 § 11.84.040. Prior: 1955 c 141 § 4.]
11.84.050 Distribution of property held jointly with
slayer. (1) One-half of any property held by the slayer and
the decedent as joint tenants, joint owners or joint obligees
shall pass upon the death of the decedent to his estate, and
the other half shall pass to his estate upon the death of the
slayer, unless the slayer obtains a separation or severance of
the property or a decree granting partition.
(2) As to property held jointly by three or more persons,
including the slayer and the decedent, any enrichment which
would have accrued to the slayer as a result of the death of
the decedent shall pass to the estate of the decedent. If the
slayer becomes the final survivor, one-half of the property
shall immediately pass to the estate of the decedent and the
other half shall pass to his estate upon the death of the
(2002 Ed.)
Inheritance Rights of Slayers
slayer, unless the slayer obtains a separation or severance of
the property or a decree granting partition.
(3) The provisions of this section shall not affect any
enforceable agreement between the parties or any trust
arising because a greater proportion of the property has been
contributed by one party than by the other. [1965 c 145 §
11.84.050. Prior: 1955 c 141 § 5.]
11.84.060 Reversion and vested remainder. Property in which the slayer holds a reversion or vested remainder
and would have obtained the right of present possession
upon the death of the decedent shall pass to the estate of the
decedent during the period of the life expectancy of decedent; if he held the particular estate or if the particular estate
is held by a third person it shall remain in his hands for such
period. [1965 c 145 § 11.84.060. Prior: 1955 c 141 § 6.]
11.84.070 Property subject to divestment, etc. Any
interest in property whether vested or not, held by the slayer,
subject to be divested, diminished in any way or extinguished, if the decedent survives him or lives to a certain
age, shall be held by the slayer during his lifetime or until
the decedent would have reached such age, but shall then
pass as if the decedent had died immediately thereafter.
[1965 c 145 § 11.84.070. Prior: 1955 c 141 § 7.]
11.84.080 Contingent remainders and future
interests. As to any contingent remainder or executory or
other future interest held by the slayer, subject to become
vested in him or increased in any way for him upon the
condition of the death of the decedent:
(1) If the interest would not have become vested or
increased if he had predeceased the decedent, he shall be
deemed to have so predeceased the decedent;
(2) In any case the interest shall not be vested or
increased during the period of the life expectancy of the
decedent. [1965 c 145 § 11.84.080. Prior: 1955 c 141 §
8.]
11.84.090 Property appointed—Powers of revocation or appointment. (1) Property appointed by the will of
the decedent to or for the benefit of the slayer shall be
distributed as if the slayer had predeceased the decedent.
(2) Property held either presently or in remainder by the
slayer, subject to be divested by the exercise by the decedent
of a power of revocation or a general power of appointment
shall pass to the estate of the decedent, and property so held
by the slayer, subject to be divested by the exercise by the
decedent of a power of appointment to a particular person or
persons or to a class of persons, shall pass to such person or
persons, or in equal shares to the members of such class of
persons, exclusive of the slayer. [1965 c 145 § 11.84.090.
Prior: 1955 c 141 § 9.]
11.84.100 Insurance proceeds. (1) Insurance proceeds payable to the slayer as the beneficiary or assignee of
any policy or certificate of insurance on the life of the
decedent, or as the survivor of a joint life policy, shall be
paid instead to the estate of the decedent, unless the policy
or certificate designate some person other than the slayer or
his estate as secondary beneficiary to him and in which case
(2002 Ed.)
11.84.050
such proceeds shall be paid to such secondary beneficiary in
accordance with the applicable terms of the policy.
(2) If the decedent is beneficiary or assignee of any
policy or certificate of insurance on the life of the slayer, the
proceeds shall be paid to the estate of the decedent upon the
death of the slayer, unless the policy names some person
other than the slayer or his estate as secondary beneficiary,
or unless the slayer by naming a new beneficiary or assigning the policy performs an act which would have deprived
the decedent of his interest in the policy if he had been
living. [1965 c 145 § 11.84.100. Prior: 1955 c 141 § 10.]
11.84.110 Payment by insurance company, bank,
etc.—No additional liability. Any insurance company
making payment according to the terms of its policy or any
bank or other person performing an obligation for the slayer
as one of several joint obligees shall not be subjected to
additional liability by the terms of this chapter if such
payment or performance is made without written notice, at
its home office or at an individual’s home or business
address, of the killing by a slayer. [1965 c 145 § 11.84.110.
Prior: 1955 c 141 § 11.]
11.84.120 Rights of persons without notice dealing
with slayer. The provisions of this chapter shall not affect
the rights of any person who, before the interests of the
slayer have been adjudicated, purchases or has agreed to purchase, from the slayer for value and without notice property
which the slayer would have acquired except for the terms
of this chapter, but all proceeds received by the slayer from
such sale shall be held by him in trust for the persons
entitled to the property under the provisions of this chapter,
and the slayer shall also be liable both for any portion of
such proceeds which he may have dissipated and for any
difference between the actual value of the property and the
amount of such proceeds. [1965 c 145 § 11.84.120. Prior:
1955 c 141 § 12.]
11.84.130 Record of conviction as evidence against
claimant of property. The record of his conviction of
having participated in the wilful and unlawful killing of the
decedent shall be admissible in evidence against a claimant
of property in any civil action arising under this chapter.
[1965 c 145 § 11.84.130. Prior: 1955 c 141 § 13.]
Evidence, proof of public documents: Chapter 5.44 RCW; Rules of court:
CR 44.
11.84.900 Chapter to be construed broadly. This
chapter shall be construed broadly to effect the policy of this
state that no person shall be allowed to profit by his own
wrong, wherever committed. [1998 c 292 § 503; 1965 c 145
§ 11.84.900. Prior: 1955 c 141 § 14.]
Application—Conflict with federal requirements—1998 c 292: See
notes following RCW 41.04.273.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
[Title 11 RCW—page 69]
Chapter 11.86
Title 11 RCW: Probate and Trust Law
Chapter 11.86
DISCLAIMER OF INTERESTS
Sections
11.86.011
11.86.021
11.86.031
11.86.041
11.86.051
11.86.061
11.86.071
11.86.080
11.86.090
Definitions.
Disclaimer of interest authorized.
Contents of disclaimer—Time and filing requirements—Fee.
Disposition of disclaimed interest.
When disclaimer barred—Exception.
Effect of spendthrift or similar restriction.
Liability for distribution—Effect of disclaimer.
Rights under other statutes or rules not abridged.
Interests existing on June 7, 1973.
11.86.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Beneficiary" means the person entitled, but for the
person’s disclaimer, to take an interest.
(2) "Interest" includes the whole of any property, real or
personal, legal or equitable, or any fractional part, share, or
particular portion or specific assets thereof, any vested or
contingent interest in any such property, any power to
appoint, consume, apply, or expend property, or any other
right, power, privilege, or immunity relating to property.
"Interest" includes, but is not limited to, an interest created
in any of the following manners:
(a) By intestate succession;
(b) Under a will;
(c) Under a trust;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) By creation of a power of appointment;
(g) By exercise or nonexercise of a power of appointment;
(h) By an inter vivos gift, whether outright or in trust;
(i) By surviving the death of a depositor of a trust or
P.O.D. account within the meaning of RCW 30.22.040;
(j) Under an insurance or annuity contract;
(k) By surviving the death of another joint tenant;
(l) Under an employee benefit plan;
(m) Under an individual retirement account, annuity, or
bond;
(n) Under a community property agreement; or
(o) Any other interest created by any testamentary or
inter vivos instrument or by operation of law.
(3) "Creator of the interest" means a person who
establishes, declares, or otherwise creates an interest.
(4) "Disclaimer" means any writing which declines,
refuses, renounces, or disclaims any interest that would
otherwise be taken by a beneficiary.
(5) "Disclaimant" means a beneficiary who executes a
disclaimer on his or her own behalf or a person who
executes a disclaimer on behalf of a beneficiary.
(6) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, or other entity.
(7) "Date of the transfer" means:
(a) For an inter vivos transfer, the date of the creation
of the interest; or
(b) For a transfer upon the death of the creator of the
interest, the date of the death of the creator.
[Title 11 RCW—page 70]
A joint tenancy interest of a deceased joint tenant shall
be deemed to be transferred at the death of the joint tenant
rather than at the creation of the joint tenancy. [1989 c 34
§ 1.]
11.86.021 Disclaimer of interest authorized. (1) A
beneficiary may disclaim an interest in whole or in part, or
with reference to specific parts, shares or assets, in the
manner provided in RCW 11.86.031.
(2) Likewise, a beneficiary may so disclaim through an
agent or attorney so authorized by written instrument.
(3) A personal representative, guardian, attorney in fact
if authorized under a durable power of attorney under
chapter 11.94 RCW, or other legal representative of the
estate of a minor, incompetent, or deceased beneficiary, may
so disclaim on behalf of the beneficiary, with or without
court order, if:
(a) The legal representative deems the disclaimer to be
in the best interests of those interested in the estate of the
beneficiary and of those who take the disclaimed interest
because of the disclaimer, and not detrimental to the best
interests of the beneficiary; and
(b) In the case of a guardian, no order has been issued
under RCW 11.92.140 determining that the disclaimer is not
in the best interests of the beneficiary. [1989 c 34 § 2.]
11.86.031 Contents of disclaimer—Time and filing
requirements—Fee. (1) The disclaimer shall:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer shall be delivered or mailed as
provided in subsection (3) of this section at any time after
the creation of the interest, but in all events by nine months
after the latest of:
(a) The date the beneficiary attains the age of twentyone years;
(b) The date of the transfer; or
(c) The date that the beneficiary is finally ascertained
and the beneficiary’s interest is indefeasibly vested.
(3) The disclaimer shall be mailed by first-class mail, or
otherwise delivered, to the creator of the interest, the
creator’s legal representative, or the holder of the legal title
to the property to which the interest relates or, if the creator
is dead and there is no legal representative or holder of legal
title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of
the creator of the interest, a copy of the disclaimer may be
filed with the clerk of the probate court in which the estate
of the creator is, or has been, administered, or, if no probate
administration has been commenced, then with the clerk of
the court of any county provided by law as the place for
probate administration of such person, where it shall be
indexed under the name of the decedent in the probate index
upon the payment of a fee established under RCW
36.18.016.
(5) The disclaimer of an interest in real property may be
recorded, but shall constitute notice to all persons only from
and after the date of recording. If recorded, a copy of the
disclaimer shall be recorded in the office of the auditor in
(2002 Ed.)
Disclaimer of Interests
the county or counties where the real property is situated.
[1995 c 292 § 4; 1989 c 34 § 3.]
11.86.041 Disposition of disclaimed interest. (1)
Unless the instrument creating an interest directs to the
contrary, the interest disclaimed shall pass as if the beneficiary had died immediately prior to the date of the transfer
of the interest. The disclaimer shall relate back to this date
for all purposes.
(2) Unless the beneficiary provides otherwise in the
disclaimer, in addition to the interests disclaimed, the
beneficiary shall also be deemed to have disclaimed the
minimum of all interests in the disclaimed property necessary to make the disclaimer a qualified disclaimer for
purposes of section 2518 of the Internal Revenue Code.
(3) Any future interest taking effect in possession or
enjoyment after termination of the interest disclaimed takes
effect as if the beneficiary had died prior to the date of the
beneficiary’s final ascertainment as a beneficiary and the
indefeasible vesting of the interest.
(4) The disclaimer is binding upon the beneficiary and
all persons claiming through or under the beneficiary.
(5) Unless the instrument creating the interest directs to
the contrary, a beneficiary whose interest in a devise or
bequest under a will has been disclaimed shall be deemed to
have died for purposes of RCW 11.12.110.
(6) In the case of a disclaimer of property over which
the disclaimant has any power to direct the beneficial
enjoyment of the disclaimed property, the disclaimant shall
also be deemed to have disclaimed any power to direct the
beneficial enjoyment of the disclaimed property, unless the
power is limited by an ascertainable standard relating to the
health, education, support, or maintenance of any person as
described in section 2041 or 2514 of the Internal Revenue
Code and applicable regulations adopted under those
sections. This subsection applies unless the disclaimer
specifically provides otherwise. This subsection shall not be
deemed to otherwise prevent such a disclaimant from acting
as trustee or personal representative over disclaimed property. [1999 c 43 § 1; 1997 c 252 § 73; 1991 c 7 § 1; 1989 c
34 § 4.]
Retroactive application—1999 c 43: "This act applies retroactively
to all disclaimers made after December 31, 1997." [1999 c 43 § 2.]
Application—1997 c 252 §§ 1-73: See note following RCW
11.02.005.
11.86.051 When disclaimer barred—Exception. (1)
A beneficiary may not disclaim an interest if:
(a) The beneficiary has accepted the interest or a benefit
thereunder;
(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has
contracted therefor;
(c) The interest has been sold or otherwise disposed of
pursuant to judicial process; or
(d) The beneficiary has waived the right to disclaim in
writing. The written waiver of the right to disclaim also is
binding upon all persons claiming through or under the
beneficiary.
(2) Notwithstanding the provisions of subsection (1)(a)
through (c) of this section, a beneficiary’s receipt of a
(2002 Ed.)
11.86.031
benefit from property shall not necessarily bar such
beneficiary’s disclaimer of an interest in the same property
when, prior to the date of the transfer of the interest to be
disclaimed, the beneficiary already owned an interest in such
property in joint tenancy, as community property, or otherwise. Any such receipt, in the absence of clear and convincing evidence to the contrary, shall be presumed to be an
enjoyment or use of the interest the beneficiary already
owned, and only after such interest and any benefit from
such interest have been exhausted, shall the beneficiary be
deemed to have received or accepted any part of the interest
to be disclaimed. [2000 c 24 § 1; 1989 c 34 § 5.]
11.86.061 Effect of spendthrift or similar restriction. A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary
in the nature of a spendthrift provision or similar restriction.
[1989 c 34 § 6.]
11.86.071 Liability for distribution—Effect of
disclaimer. No legal representative of a creator of the
interest, holder of legal title to property an interest in which
is disclaimed, or person having possession of the property
shall be liable for any otherwise proper distribution or other
disposition made without actual knowledge of the disclaimer,
or in reliance upon the disclaimer and without actual
knowledge that the disclaimer is barred as provided in RCW
11.86.051. [1989 c 34 § 7.]
11.86.080 Rights under other statutes or rules not
abridged. This chapter shall not abridge the right of any
person, apart from this chapter, under any existing or future
statute or rule of law, to disclaim any interest or to assign,
convey, release, renounce or otherwise dispose of any
interest. [1973 c 148 § 9.]
11.86.090 Interests existing on June 7, 1973. Any
interest which exists on June 7, 1973 but which has not then
become indefeasibly vested, or the taker of which has not
then become finally ascertained, or of the existence of the
transfer of which the beneficiary lacks knowledge, may be
disclaimed after June 7, 1973 in the manner provided in
RCW 11.86.031. However, for the purposes of RCW
11.86.031(2), the date on which the beneficiary first knows
of the existence of the transfer shall be deemed to be the
date of the transfer. [1989 c 34 § 8; 1973 c 148 § 10.]
Chapter 11.88
GUARDIANSHIP—APPOINTMENT,
QUALIFICATION, REMOVAL OF GUARDIANS
Sections
11.88.005
11.88.008
Legislative intent.
"Professional guardian" defined.
[Title 11 RCW—page 71]
Chapter 11.88
11.88.010
Title 11 RCW: Probate and Trust Law
Authority to appoint guardians—Definitions—Venue—
Nomination by principal.
11.88.020 Qualifications.
11.88.030 Petition—Contents—Hearing.
11.88.040 Notice and hearing, when required—Service—Procedure.
11.88.045 Legal counsel and jury trial—Proof—Medical report—
Examinations—Waiver.
11.88.080 Testamentary guardians.
11.88.090 Guardian ad litem—Mediation—Appointment—
Qualifications—Notice of and statement by guardian ad
litem—Hearing and notice—Attorneys’ fees and costs—
Registry—Duties—Report—Responses—Fee.
11.88.093 Ex parte communications—Removal.
11.88.095 Disposition of guardianship petition.
11.88.097 Guardian ad litem—Fees.
11.88.100 Oath and bond of guardian or limited guardian.
11.88.105 Reduction in amount of bond.
11.88.107 When bond not required.
11.88.110 Law on executors’ and administrators’ bonds applicable.
11.88.115 Notice to department of revenue.
11.88.120 Modification or termination of guardianship—Procedure.
11.88.125 Standby limited guardian or limited guardian.
11.88.130 Transfer of jurisdiction and venue.
11.88.140 Termination of guardianship or limited guardianship.
11.88.150 Administration of deceased incapacitated person’s estate.
11.88.160 Guardianships involving veterans.
Rules of court: Guardians
capacity to sue: CR 17.
judgment for and settlement of claims of minors: SPR 98.16W.
probate proceedings, application for fee, notice: SPR 98.12W.
suit in own name: CR 17.
Allowing child to work without permit, penalty: RCW 26.28.060.
Bank soliciting appointment as guardian, penalty: RCW 30.04.260.
Costs against guardian of infant plaintiff: RCW 4.84.140.
Declaratory judgments: Chapter 7.24 RCW.
Embezzlement by guardian: RCW 9A.56.010(19)(b).
Eminent domain
by corporations, service on guardian of minors, idiots, lunatics or
distracted persons: RCW 8.20.020.
by state, service of notice on guardian: RCW 8.04.020.
Excise taxes, liability for, notice to department of revenue: RCW 82.32.240.
Guardian may sue in own name: Rules of court: CR 17.
Habeas corpus, granting of writ to guardian: RCW 7.36.020.
Incapacitated person, appearance by guardian: RCW 4.08.060.
Industrial insurance benefits, appointment of guardian to manage: RCW
51.04.070.
Investment of trust funds, guardians subject to chapter 30.24 RCW: RCW
11.100.015.
Investments, authorized
generally: Chapter 30.24 RCW.
housing authority bonds: RCW 35.82.220.
United States corporation bonds: RCW 39.60.010.
Jurors, challenge of, guardian and ward relationship ground for implied
bias: RCW 4.44.180.
Lawful use of force: RCW 9A.16.020.
Limitation of actions by ward against guardian, recovery of real estate sold
by guardian: RCW 4.16.070.
Mental illness, proceedings: Chapter 71.05 RCW.
Minor’s personal service contracts, recovery by guardian barred: RCW
26.28.050.
Motor vehicle financial responsibility, release by injured minor executed by
guardian: RCW 46.29.120.
Name, action for change of—Fees: RCW 4.24.130.
Partition: Chapter 7.52 RCW.
Public assistance grants, appointment of guardian to receive: RCW
74.08.280, 74.12.250.
Real estate licenses, guardian exemption: RCW 18.85.110.
Savings and loan association, guardian may be member of: RCW
33.20.060.
[Title 11 RCW—page 72]
Seduction, action for seduction of ward: RCW 4.24.020.
State hospital patients, superintendent custodian of estate: RCW 72.23.230.
Support and care of dependent child, liability of guardian, procedure,
judgment: RCW 13.34.160, 13.34.161.
Uniform veterans’ guardianship act: Chapter 73.36 RCW.
Veterans: RCW 73.04.140.
Volunteer fire fighters’ relief, appointment of guardian for fire fighter:
RCW 41.24.140.
Washington uniform transfers to minors act: Chapter 11.114 RCW.
Witness, guardian as: RCW 5.60.030.
11.88.005 Legislative intent. It is the intent of the
legislature to protect the liberty and autonomy of all people
of this state, and to enable them to exercise their rights
under the law to the maximum extent, consistent with the
capacity of each person. The legislature recognizes that
people with incapacities have unique abilities and needs, and
that some people with incapacities cannot exercise their
rights or provide for their basic needs without the help of a
guardian. However, their liberty and autonomy should be
restricted through the guardianship process only to the
minimum extent necessary to adequately provide for their
own health or safety, or to adequately manage their financial
affairs. [1990 c 122 § 1; 1977 ex.s. c 309 § 1; 1975 1st
ex.s. c 95 § 1.]
Effective date—1990 c 122: "This act shall take effect on July 1,
1991." [1990 c 122 § 38.]
Severability—1977 ex.s. c 309: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 309 § 18.]
11.88.008 "Professional guardian" defined. As used
in this chapter, "professional guardian" means a guardian
appointed under this chapter who is not a member of the
incapacitated person’s family and who charges fees for
carrying out the duties of court-appointed guardian of three
or more incapacitated persons. [1997 c 312 § 2.]
Effective date—1997 c 312: See note following RCW 11.88.020.
11.88.010 Authority to appoint guardians—
Definitions—Venue—Nomination by principal. (1) The
superior court of each county shall have power to appoint
guardians for the persons and/or estates of incapacitated
persons, and guardians for the estates of nonresidents of the
state who have property in the county needing care and
attention.
(a) For purposes of this chapter, a person may be
deemed incapacitated as to person when the superior court
determines the individual has a significant risk of personal
harm based upon a demonstrated inability to adequately
provide for nutrition, health, housing, or physical safety.
(b) For purposes of this chapter, a person may be
deemed incapacitated as to the person’s estate when the
superior court determines the individual is at significant risk
of financial harm based upon a demonstrated inability to
adequately manage property or financial affairs.
(c) A determination of incapacity is a legal not a
medical decision, based upon a demonstration of management insufficiencies over time in the area of person or estate.
Age, eccentricity, poverty, or medical diagnosis alone shall
not be sufficient to justify a finding of incapacity.
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
(d) A person may also be determined incapacitated if he
or she is under the age of majority as defined in RCW
26.28.010.
(e) For purposes of giving informed consent for health
care pursuant to RCW 7.70.050 and 7.70.065, an "incompetent" person is any person who is (i) incompetent by reason
of mental illness, developmental disability, senility, habitual
drunkenness, excessive use of drugs, or other mental
incapacity, of either managing his or her property or caring
for himself or herself, or both, or (ii) incapacitated as
defined in (a), (b), or (d) of this subsection.
(f) For purposes of the terms "incompetent," "disabled,"
or "not legally competent," as those terms are used in the
Revised Code of Washington to apply to persons incapacitated under this chapter, those terms shall be interpreted to
mean "incapacitated" persons for purposes of this chapter.
(2) The superior court for each county shall have power
to appoint limited guardians for the persons and estates, or
either thereof, of incapacitated persons, who by reason of
their incapacity have need for protection and assistance, but
who are capable of managing some of their personal and
financial affairs. After considering all evidence presented as
a result of such investigation, the court shall impose, by
order, only such specific limitations and restrictions on an
incapacitated person to be placed under a limited guardianship as the court finds necessary for such person’s protection
and assistance. A person shall not be presumed to be incapacitated nor shall a person lose any legal rights or suffer
any legal disabilities as the result of being placed under a
limited guardianship, except as to those rights and disabilities
specifically set forth in the court order establishing such a
limited guardianship. In addition, the court order shall state
the period of time for which it shall be applicable.
(3) Venue for petitions for guardianship or limited
guardianship shall lie in the county wherein the alleged
incapacitated person is domiciled, or if such person resides
in a facility supported in whole or in part by local, state, or
federal funding sources, in either the county where the facility is located, the county of domicile prior to residence in the
supported facility, or the county where a parent or spouse of
the alleged incapacitated person is domiciled.
If the alleged incapacitated person’s residency has
changed within one year of the filing of the petition, any
interested person may move for a change of venue for any
proceedings seeking the appointment of a guardian or a
limited guardian under this chapter to the county of the
alleged incapacitated person’s last place of residence of one
year or more. The motion shall be granted when it appears
to the court that such venue would be in the best interests of
the alleged incapacitated person and would promote more
complete consideration of all relevant matters.
(4) Under RCW 11.94.010, a principal may nominate,
by a durable power of attorney, the guardian or limited
guardian of his or her estate or person for consideration by
the court if guardianship proceedings for the principal’s
person or estate are thereafter commenced. The court shall
make its appointment in accordance with the principal’s most
recent nomination in a durable power of attorney except for
good cause or disqualification.
(5) When a court imposes a full guardianship for an
incapacitated person, the person shall be considered incompetent for purposes of rationally exercising the right to vote
(2002 Ed.)
11.88.010
and shall lose the right to vote, unless the court specifically
finds that the person is rationally capable of exercising the
franchise. Imposition of a limited guardianship for an
incapacitated person shall not result in the loss of the right
to vote unless the court determines that the person is
incompetent for purposes of rationally exercising the
franchise. [1991 c 289 § 1; 1990 c 122 § 2; 1984 c 149 §
176; 1977 ex.s. c 309 § 2; 1975 1st ex.s. c 95 § 2; 1965 c
145 § 11.88.010. Prior: 1917 c 156 § 195; RRS § 1565;
prior: Code 1881 § 1604; 1873 p 314 § 299; 1855 p 15 §
1.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.020 Qualifications. (1) Any suitable person
over the age of eighteen years, or any parent under the age
of eighteen years or, if the petition is for appointment of a
professional guardian, any individual or guardianship service
that meets any certification requirements established by the
administrator for the courts, may, if not otherwise disqualified, be appointed guardian or limited guardian of the person
and/or the estate of an incapacitated person. A financial
institution subject to the jurisdiction of the department of
financial institutions and authorized to exercise trust powers,
and a federally chartered financial institution when authorized to do so, may act as a guardian of the estate of an
incapacitated person without having to meet the certification
requirements established by the administrator for the courts.
No person is qualified to serve as a guardian who is
(a) under eighteen years of age except as otherwise
provided herein;
(b) of unsound mind;
(c) convicted of a felony or of a misdemeanor involving
moral turpitude;
(d) a nonresident of this state who has not appointed a
resident agent to accept service of process in all actions or
proceedings with respect to the estate and caused such
appointment to be filed with the court;
(e) a corporation not authorized to act as a fiduciary,
guardian, or limited guardian in the state;
(f) a person whom the court finds unsuitable.
(2) The professional guardian certification requirements
required under this section shall not apply to a testamentary
guardian appointed under RCW 11.88.080. [1997 c 312 § 1;
1990 c 122 § 3; 1975 1st ex.s. c 95 § 3; 1971 c 28 § 4;
1965 c 145 § 11.88.020. Prior: 1917 c 156 § 196; RRS §
1566.]
Effective date—1997 c 312: "Sections 1 and 2 of this act take effect
January 1, 1999." [1997 c 312 § 4.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Banks and trust companies may act as guardian: RCW 11.36.010.
11.88.030 Petition—Contents—Hearing. (1) Any
person or *entity may petition for the appointment of a
qualified person, trust company, national bank, or nonprofit
corporation authorized in RCW 11.88.020 as the guardian or
limited guardian of an incapacitated person. No liability for
filing a petition for guardianship or limited guardianship
shall attach to a petitioner acting in good faith and upon rea[Title 11 RCW—page 73]
11.88.030
Title 11 RCW: Probate and Trust Law
sonable basis. A petition for guardianship or limited
guardianship shall state:
(a) The name, age, residence, and post office address of
the alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance
with RCW 11.88.010;
(c) The approximate value and description of property,
including any compensation, pension, insurance, or allowance, to which the alleged incapacitated person may be
entitled;
(d) Whether there is, in any state, a guardian or limited
guardian, or pending guardianship action for the person or
estate of the alleged incapacitated person;
(e) The residence and post office address of the person
whom petitioner asks to be appointed guardian or limited
guardian;
(f) The names and addresses, and nature of the relationship, so far as known or can be reasonably ascertained, of
the persons most closely related by blood or marriage to the
alleged incapacitated person;
(g) The name and address of the person or facility
having the care and custody of the alleged incapacitated
person;
(h) The reason why the appointment of a guardian or
limited guardian is sought and the interest of the petitioner
in the appointment, and whether the appointment is sought
as guardian or limited guardian of the person, the estate, or
both;
(i) A description of any alternate arrangements previously made by the alleged incapacitated person, such as trusts
or powers of attorney, including identifying any guardianship
nominations contained in a power of attorney, and why a
guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and
the specific areas of protection and assistance requested and
the limitation of rights requested to be included in the
court’s order of appointment;
(k) The requested term of the limited guardianship to be
included in the court’s order of appointment;
(l) Whether the petitioner is proposing a specific
individual to act as guardian ad litem and, if so, the
individual’s knowledge of or relationship to any of the parties, and why the individual is proposed.
(2)(a) The attorney general may petition for the appointment of a guardian or limited guardian in any case in which
there is cause to believe that a guardianship is necessary and
no private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in
any guardianship or limited guardianship brought by the
attorney general. Payment of the filing fee shall be ordered
from the estate of the incapacitated person at the hearing on
the merits of the petition, unless in the judgment of the
court, such payment would impose a hardship upon the
incapacitated person, in which case the filing shall be
waived.
(3) No filing fee shall be charged by the court for filing
either a petition for guardianship or a petition for limited
guardianship if the petition alleges that the alleged incapacitated person has total assets of a value of less than three
thousand dollars.
(4)(a) Notice that a guardianship proceeding has been
commenced shall be personally served upon the alleged
[Title 11 RCW—page 74]
incapacitated person and the guardian ad litem along with a
copy of the petition for appointment of a guardian. Such
notice shall be served not more than five court days after the
petition has been filed.
(b) Notice under this subsection shall include a clear
and easily readable statement of the legal rights of the
alleged incapacitated person that could be restricted or
transferred to a guardian by a guardianship order as well as
the right to counsel of choice and to a jury trial on the issue
of incapacity. Such notice shall be in substantially the following form and shall be in capital letters, double-spaced,
and in a type size not smaller than ten-point type:
IMPORTANT NOTICE
PLEASE READ CAREFULLY
A PETITION TO HAVE A GUARDIAN APPOINTED FOR
YOU HAS BEEN FILED IN THE . . . . . . COUNTY
SUPERIOR COURT BY . . . . . . IF A GUARDIAN IS
APPOINTED, YOU COULD LOSE ONE OR MORE OF
THE FOLLOWING RIGHTS:
(1) TO MARRY OR DIVORCE;
(2) TO VOTE OR HOLD AN ELECTED OFFICE;
(3) TO ENTER INTO A CONTRACT OR MAKE OR
REVOKE A WILL;
(4) TO APPOINT SOMEONE TO ACT ON YOUR
BEHALF;
(5) TO SUE AND BE SUED OTHER THAN
THROUGH A GUARDIAN;
(6) TO POSSESS A LICENSE TO DRIVE;
(7) TO BUY, SELL, OWN, MORTGAGE, OR LEASE
PROPERTY;
(8) TO CONSENT TO OR REFUSE MEDICAL
TREATMENT;
(9) TO DECIDE WHO SHALL PROVIDE CARE AND
ASSISTANCE;
(10) TO MAKE DECISIONS REGARDING SOCIAL
ASPECTS OF YOUR LIFE.
UNDER THE LAW, YOU HAVE CERTAIN RIGHTS.
YOU HAVE THE RIGHT TO BE REPRESENTED BY A
LAWYER OF YOUR OWN CHOOSING. THE COURT
WILL APPOINT A LAWYER TO REPRESENT YOU IF
YOU ARE UNABLE TO PAY OR PAYMENT WOULD
RESULT IN A SUBSTANTIAL HARDSHIP TO YOU.
YOU HAVE THE RIGHT TO ASK FOR A JURY TO
DECIDE WHETHER OR NOT YOU NEED A GUARDIAN
TO HELP YOU.
YOU HAVE THE RIGHT TO BE PRESENT IN COURT
AND TESTIFY WHEN THE HEARING IS HELD TO
DECIDE WHETHER OR NOT YOU NEED A GUARDIAN. IF A GUARDIAN AD LITEM IS APPOINTED,
YOU HAVE THE RIGHT TO REQUEST THE COURT TO
REPLACE THAT PERSON.
(5) All petitions filed under the provisions of this
section shall be heard within sixty days unless an extension
of time is requested by a party or the guardian ad litem
within such sixty day period and granted for good cause
shown. If an extension is granted, the court shall set a new
hearing date. [1996 c 249 § 8; 1995 c 297 § 1; 1991 c 289
§ 2; 1990 c 122 § 4; 1977 ex.s. c 309 § 3; 1975 1st ex.s. c
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
95 § 4; 1965 c 145 § 11.88.030. Prior: 1927 c 170 § 1;
1917 c 156 § 197; RRS § 1567; prior: 1909 c 118 § 1;
1903 c 130 § 1.]
*Reviser’s note: Trust companies, national banks, and nonprofit
corporations are no longer referred to in RCW 11.88.020, as amended by
1997 c 312 § 1.
Intent—1996 c 249: See note following RCW 2.56.030.
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.040 Notice and hearing, when required—
Service—Procedure. Before appointing a guardian or a
limited guardian, notice of a hearing, to be held not less than
ten days after service thereof, shall be served personally
upon the alleged incapacitated person, if over fourteen years
of age, and served upon the guardian ad litem.
Before appointing a guardian or a limited guardian,
notice of a hearing, to be held not less than ten days after
service thereof, shall be given by registered or certified mail
to the last known address requesting a return receipt signed
by the addressee or an agent appointed by the addressee, or
by personal service in the manner provided for services of
summons, to the following:
(1) The alleged incapacitated person, or minor, if under
fourteen years of age;
(2) A parent, if the alleged incapacitated person is a
minor, all known children not residing with a notified
person, and the spouse of the alleged incapacitated person if
any;
(3) Any other person who has been appointed as
guardian or limited guardian, or the person with whom the
alleged incapacitated person resides. No notice need be
given to those persons named in subsections (2) and (3) of
this section if they have signed the petition for the appointment of the guardian or limited guardian or have waived
notice of the hearing.
(4) If the petition is by a parent asking for appointment
as guardian or limited guardian of a minor child under the
age of fourteen years, or if the petition is accompanied by
the written consent of a minor of the age of fourteen years
or upward, who consents to the appointment of the guardian
or limited guardian asked for, or if the petition is by a
nonresident guardian of any minor or incapacitated person,
then the court may appoint the guardian without notice of
the hearing. The court for good cause may reduce the
number of days of notice, but in every case, at least three
days notice shall be given.
The alleged incapacitated person shall be present in
court at the final hearing on the petition: PROVIDED, That
this requirement may be waived at the discretion of the court
for good cause other than mere inconvenience shown in the
report to be provided by the guardian ad litem pursuant to
RCW 11.88.090 as now or hereafter amended, or if no
guardian ad litem is required to be appointed pursuant to
RCW 11.88.090, as now or hereafter amended, at the discretion of the court for good cause shown by a party. Alternatively, the court may remove itself to the place of residence
of the alleged incapacitated person and conduct the final
hearing in the presence of the alleged incapacitated person.
Final hearings on the petition may be held in closed court
without admittance of any person other than those necessary
to the action or proceeding.
(2002 Ed.)
11.88.030
If presence of the alleged incapacitated person is waived
and the court does not remove itself to the place of residence
of such person, the guardian ad litem shall appear in person
at the final hearing on the petition. [1995 c 297 § 2; 1991
c 289 § 3; 1990 c 122 § 5; 1984 c 149 § 177; 1977 ex.s. c
309 § 4; 1975 1st ex.s. c 95 § 5; 1969 c 70 § 1; 1965 c 145
§ 11.88.040. Prior: 1927 c 170 § 2; 1923 c 142 § 4; 1917
c 156 § 198; RRS § 1568; prior: 1909 c 118 § 2; 1903 c
130 §§ 2, 3.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.045 Legal counsel and jury trial—Proof—
Medical report—Examinations—Waiver. (1)(a) Alleged
incapacitated individuals shall have the right to be represented by willing counsel of their choosing at any stage in
guardianship proceedings. The court shall provide counsel
to represent any alleged incapacitated person at public
expense when either: (i) The individual is unable to afford
counsel, or (ii) the expense of counsel would result in
substantial hardship to the individual, or (iii) the individual
does not have practical access to funds with which to pay
counsel. If the individual can afford counsel but lacks
practical access to funds, the court shall provide counsel and
may impose a reimbursement requirement as part of a final
order. When, in the opinion of the court, the rights and
interests of an alleged or adjudicated incapacitated person
cannot otherwise be adequately protected and represented,
the court on its own motion shall appoint an attorney at any
time to represent such person. Counsel shall be provided as
soon as practicable after a petition is filed and long enough
before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the
record to the contrary, a period of less than three weeks shall
be presumed by a reviewing court to be inadequate time for
consultation and preparation.
(b) Counsel for an alleged incapacitated individual shall
act as an advocate for the client and shall not substitute
counsel’s own judgment for that of the client on the subject
of what may be in the client’s best interests. Counsel’s role
shall be distinct from that of the guardian ad litem, who is
expected to promote the best interest of the alleged incapacitated individual, rather than the alleged incapacitated
individual’s expressed preferences.
(c) If an alleged incapacitated person is represented by
counsel and does not communicate with counsel, counsel
may ask the court for leave to withdraw for that reason. If
satisfied, after affording the alleged incapacitated person an
opportunity for a hearing, that the request is justified, the
court may grant the request and allow the case to proceed
with the alleged incapacitated person unrepresented.
(2) During the pendency of any guardianship, any
attorney purporting to represent a person alleged or adjudicated to be incapacitated shall petition to be appointed to
represent the incapacitated or alleged incapacitated person.
Fees for representation described in this section shall be
subject to approval by the court pursuant to the provisions of
RCW 11.92.180.
[Title 11 RCW—page 75]
11.88.045
Title 11 RCW: Probate and Trust Law
(3) The alleged incapacitated person is further entitled to testify and present evidence and, upon request,
entitled to a jury trial on the issues of his or her alleged
incapacity. The standard of proof to be applied in a contested case, whether before a jury or the court, shall be that of
clear, cogent, and convincing evidence.
(4) In all proceedings for appointment of a guardian or
limited guardian, the court must be presented with a written
report from a physician licensed to practice under chapter
18.71 or 18.57 RCW, psychologist licensed under chapter
18.83 RCW, or advanced registered nurse practitioner licensed under chapter 18.79 RCW, selected by the guardian
ad litem. If the alleged incapacitated person opposes the
health care professional selected by the guardian ad litem to
prepare the medical report, then the guardian ad litem shall
use the health care professional selected by the alleged
incapacitated person. The guardian ad litem may also obtain
a supplemental examination. The physician, psychologist, or
advanced registered nurse practitioner shall have personally
examined and interviewed the alleged incapacitated person
within thirty days of preparation of the report to the court
and shall have expertise in the type of disorder or incapacity
the alleged incapacitated person is believed to have. The
report shall contain the following information and shall be
set forth in substantially the following format:
(a) The name and address of the examining physician,
psychologist, or advanced registered nurse practitioner;
(b) The education and experience of the physician,
psychologist, or advanced registered nurse practitioner
pertinent to the case;
(c) The dates of examinations of the alleged incapacitated person;
(d) A summary of the relevant medical, functional,
neurological, or mental health history of the alleged incapacitated person as known to the examining physician, psychologist, or advanced registered nurse practitioner;
(e) The findings of the examining physician, psychologist, or advanced registered nurse practitioner as to the
condition of the alleged incapacitated person;
(f) Current medications;
(g) The effect of current medications on the alleged
incapacitated person’s ability to understand or participate in
guardianship proceedings;
(h) Opinions on the specific assistance the alleged
incapacitated person needs;
(i) Identification of persons with whom the physician,
psychologist, or advanced registered nurse practitioner has
met or spoken regarding the alleged incapacitated person.
The court shall not enter an order appointing a guardian
or limited guardian until a medical or mental status report
meeting the above requirements is filed.
The requirement of filing a medical report is waived if
the basis of the guardianship is minority.
(5) During the pendency of an action to establish a
guardianship, a petitioner or any person may move for
temporary relief under chapter 7.40 RCW, to protect the
alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW
74.34.020, or to address any other emergency needs of the
alleged incapacitated person. Any alternative arrangement
executed before filing the petition for guardianship shall
remain effective unless the court grants the relief requested
[Title 11 RCW—page 76]
under chapter 7.40 RCW, or unless, following notice and a
hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective. [2001 c 148 § 1; 1996 c
249 § 9; 1995 c 297 § 3; 1991 c 289 § 4; 1990 c 122 § 6;
1977 ex.s. c 309 § 5; 1975 1st ex.s. c 95 § 7.]
Intent—1996 c 249: See note following RCW 2.56.030.
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.080 Testamentary guardians. When either
parent is deceased, the surviving parent of any minor child
may, by last will in writing appoint a guardian or guardians
of the person, or of the estate or both, of a minor child,
whether born at the time of making the will or afterwards,
to continue during the minority of such child or for any less
time. Every testamentary guardian of the estate of a child
shall give bond in like manner and with like conditions as
required by RCW 11.88.100 and 11.88.110, and he or she
shall have the same powers and perform the same duties
with regard to the person and estate of the minor as a
guardian appointed under this chapter. The court shall
confirm the parent’s testamentary appointment unless the
court finds, based upon evidence presented at a hearing on
the matter, that the individual appointed in the surviving
parent’s will is not qualified to serve. [1990 c 122 § 7;
1965 c 145 § 11.88.080. Prior: 1917 c 156 § 210; RRS §
1580; prior: Code 1881 § 1618; 1860 p 228 § 335.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.88.090 Guardian ad litem—Mediation—
Appointment—Qualifications—Notice of and statement
by guardian ad litem—Hearing and notice—Attorneys’
fees and costs—Registry—Duties—Report—Responses—
Fee. (1) Nothing contained in RCW 11.88.080 through
11.88.120, 11.92.010 through 11.92.040, 11.92.060 through
11.92.120, 11.92.170, and 11.92.180 shall affect or impair
the power of any court to appoint a guardian ad litem to
defend the interests of any incapacitated person interested in
any suit or matter pending therein, or to commence and
prosecute any suit in his or her behalf.
(2) Prior to the appointment of a guardian or a limited
guardian, whenever it appears that the incapacitated person
or incapacitated person’s estate could benefit from mediation
and such mediation would likely result in overall reduced
costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such
appointment, whenever it appears that the incapacitated
person or incapacitated person’s estate could benefit from
mediation and such mediation would likely result in overall
reduced costs to the estate, upon the motion of any interested
person, the court may:
(a) Require any party or other person subject to the
jurisdiction of the court to participate in mediation;
(b) Establish the terms of the mediation; and
(c) Allocate the cost of the mediation pursuant to *RCW
11.96.140.
(3) Upon receipt of a petition for appointment of
guardian or limited guardian, except as provided herein, the
court shall appoint a guardian ad litem to represent the best
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
interests of the alleged incapacitated person, who shall be a
person found or known by the court to:
(a) Be free of influence from anyone interested in the
result of the proceeding; and
(b) Have the requisite knowledge, training, or expertise
to perform the duties required by this section.
The guardian ad litem shall within five days of receipt
of notice of appointment file with the court and serve, either
personally or by certified mail with return receipt, each party
with a statement including: His or her training relating to
the duties as a guardian ad litem; his or her criminal history
as defined in RCW 9.94A.030 for the period covering ten
years prior to the appointment; his or her hourly rate, if
compensated; whether the guardian ad litem has had any
contact with a party to the proceeding prior to his or her
appointment; and whether he or she has an apparent conflict
of interest. Within three days of the later of the actual
service or filing of the guardian ad litem’s statement, any
party may set a hearing and file and serve a motion for an
order to show cause why the guardian ad litem should not be
removed for one of the following three reasons: (i) Lack of
expertise necessary for the proceeding; (ii) an hourly rate
higher than what is reasonable for the particular proceeding;
or (iii) a conflict of interest. Notice of the hearing shall be
provided to the guardian ad litem and all parties. If, after a
hearing, the court enters an order replacing the guardian ad
litem, findings shall be included, expressly stating the
reasons for the removal. If the guardian ad litem is not
removed, the court has the authority to assess to the moving
party, attorneys’ fees and costs related to the motion. The
court shall assess attorneys’ fees and costs for frivolous
motions.
No guardian ad litem need be appointed when a parent
is petitioning for a guardian or a limited guardian to be
appointed for his or her minor child and the minority of the
child, as defined by RCW 11.92.010, is the sole basis of the
petition. The order appointing the guardian ad litem shall
recite the duties set forth in subsection (5) of this section.
The appointment of a guardian ad litem shall have no effect
on the legal competency of the alleged incapacitated person
and shall not overcome the presumption of competency or
full legal and civil rights of the alleged incapacitated person.
(4)(a) The superior court of each county shall develop
and maintain a registry of persons who are willing and
qualified to serve as guardians ad litem in guardianship
matters. The court shall choose as guardian ad litem a
person whose name appears on the registry in a system of
consistent rotation, except in extraordinary circumstances
such as the need for particular expertise. The court shall
develop procedures for periodic review of the persons on the
registry and for probation, suspension, or removal of persons
on the registry for failure to perform properly their duties as
guardian ad litem. In the event the court does not select the
person next on the list, it shall include in the order of
appointment a written reason for its decision.
(b) To be eligible for the registry a person shall:
(i) Present a written statement outlining his or her background and qualifications. The background statement shall
include, but is not limited to, the following information:
(A) Level of formal education;
(B) Training related to the guardian ad litem’s duties;
(C) Number of years’ experience as a guardian ad litem;
(2002 Ed.)
11.88.090
(D) Number of appointments as a guardian ad litem and
the county or counties of appointment;
(E) Criminal history, as defined in RCW 9.94A.030; and
(F) Evidence of the person’s knowledge, training, and
experience in each of the following: Needs of impaired
elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs
of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.
The written statement of qualifications shall include the
names of any counties in which the person was removed
from a guardian ad litem registry pursuant to a grievance
action, and the name of the court and the cause number of
any case in which the court has removed the person for
cause; and
(ii) Complete the training as described in (e) of this
subsection. The training is not applicable to guardians ad
litem appointed pursuant to special proceeding Rule 98.16W.
(c) Superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her
qualifications pursuant to a grievance procedure established
by the court.
(d) The background and qualification information shall
be updated annually.
(e) The department of social and health services shall
convene an advisory group to develop a model guardian ad
litem training program and shall update the program biennially. The advisory group shall consist of representatives
from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence,
aging, legal, court administration, the Washington state bar
association, and other interested parties.
(f) The superior court shall require utilization of the
model program developed by the advisory group as described in (e) of this subsection, to assure that candidates
applying for registration as a qualified guardian ad litem
shall have satisfactorily completed training to attain these
essential minimum qualifications to act as guardian ad litem.
(5) The guardian ad litem appointed pursuant to this
section shall have the following duties:
(a) To meet and consult with the alleged incapacitated
person as soon as practicable following appointment and
explain, in language which such person can reasonably be
expected to understand, the substance of the petition, the
nature of the resultant proceedings, the person’s right to
contest the petition, the identification of the proposed
guardian or limited guardian, the right to a jury trial on the
issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the
right to be present in court at the hearing on the petition;
(b) To obtain a written report according to RCW
11.88.045; and such other written or oral reports from other
qualified professionals as are necessary to permit the
guardian ad litem to complete the report required by this
section;
(c) To meet with the person whose appointment is
sought as guardian or limited guardian and ascertain:
(i) The proposed guardian’s knowledge of the duties,
requirements, and limitations of a guardian; and
[Title 11 RCW—page 77]
11.88.090
Title 11 RCW: Probate and Trust Law
(ii) The steps the proposed guardian intends to take or
has taken to identify and meet the needs of the alleged
incapacitated person;
(d) To consult as necessary to complete the investigation
and report required by this section with those known
relatives, friends, or other persons the guardian ad litem
determines have had a significant, continuing interest in the
welfare of the alleged incapacitated person;
(e) To investigate alternate arrangements made, or which
might be created, by or on behalf of the alleged incapacitated
person, such as revocable or irrevocable trusts, durable
powers of attorney, or blocked accounts; whether good cause
exists for any such arrangements to be discontinued; and
why such arrangements should not be continued or created
in lieu of a guardianship;
(f) To provide the court with a written report which
shall include the following:
(i) A description of the nature, cause, and degree of
incapacity, and the basis upon which this judgment was
made;
(ii) A description of the needs of the incapacitated
person for care and treatment, the probable residential
requirements of the alleged incapacitated person and the
basis upon which these findings were made;
(iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a
description of the steps the proposed guardian has taken or
intends to take to identify and meet current and emerging
needs of the incapacitated person;
(iv) A description of any alternative arrangements
previously made by the alleged incapacitated person or
which could be made, and whether and to what extent such
alternatives should be used in lieu of a guardianship, and if
the guardian ad litem is recommending discontinuation of
any such arrangements, specific findings as to why such
arrangements are contrary to the best interest of the alleged
incapacitated person;
(v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian
or limited guardian should be appointed. If appointment of
a limited guardian is recommended, the guardian ad litem
shall recommend the specific areas of authority the limited
guardian should have and the limitations and disabilities to
be placed on the incapacitated person;
(vi) An evaluation of the person’s mental ability to
rationally exercise the right to vote and the basis upon which
the evaluation is made;
(vii) Any expression of approval or disapproval made by
the alleged incapacitated person concerning the proposed
guardian or limited guardian or guardianship or limited
guardianship;
(viii) Identification of persons with significant interest
in the welfare of the alleged incapacitated person who should
be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and
(ix) Unless independent counsel has appeared for the
alleged incapacitated person, an explanation of how the
alleged incapacitated person responded to the advice of the
right to jury trial, to independent counsel and to be present
at the hearing on the petition.
Within forty-five days after notice of commencement of
the guardianship proceeding has been served upon the
[Title 11 RCW—page 78]
guardian ad litem, and at least fifteen days before the
hearing on the petition, unless an extension or reduction of
time has been granted by the court for good cause, the
guardian ad litem shall file its report and send a copy to the
alleged incapacitated person and his or her counsel, spouse,
all children not residing with a notified person, those persons
described in (f)(viii) of this subsection, and persons who
have filed a request for special notice pursuant to RCW
11.92.150. If the guardian ad litem needs additional time to
finalize his or her report, then the guardian ad litem shall
petition the court for a postponement of the hearing or, with
the consent of all other parties, an extension or reduction of
time for filing the report. If the hearing does not occur
within sixty days of filing the petition, then upon the twomonth anniversary of filing the petition and on or before the
same day of each following month until the hearing, the
guardian ad litem shall file interim reports summarizing his
or her activities on the proceeding during that time period as
well as fees and costs incurred;
(g) To advise the court of the need for appointment of
counsel for the alleged incapacitated person within five court
days after the meeting described in (a) of this subsection
unless (i) counsel has appeared, (ii) the alleged incapacitated
person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided
counsel may be available, or (iii) the alleged incapacitated
person was unable to communicate at all on the subject, and
the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by
counsel.
(6) If the petition is brought by an interested person or
entity requesting the appointment of some other qualified
person or entity and a prospective guardian or limited
guardian cannot be found, the court shall order the guardian
ad litem to investigate the availability of a possible guardian
or limited guardian and to include the findings in a report to
the court pursuant to subsection (5)(f) of this section.
(7) The parties to the proceeding may file responses to
the guardian ad litem report with the court and deliver such
responses to the other parties and the guardian ad litem at
any time up to the second day prior to the hearing. If a
guardian ad litem fails to file his or her report in a timely
manner, the hearing shall be continued to give the court and
the parties at least fifteen days before the hearing to review
the report. At any time during the proceeding upon motion
of any party or on the court’s own motion, the court may
remove the guardian ad litem for failure to perform his or
her duties as specified in this chapter, provided that the
guardian ad litem shall have five days’ notice of any motion
to remove before the court enters such order. In addition,
the court in its discretion may reduce a guardian ad litem’s
fee for failure to carry out his or her duties.
(8) The court appointed guardian ad litem shall have the
authority, in the event that the alleged incapacitated person
is in need of emergency life-saving medical services, and is
unable to consent to such medical services due to incapacity
pending the hearing on the petition to give consent for such
emergency life-saving medical services on behalf of the
alleged incapacitated person.
(9) The court-appointed guardian ad litem shall have the
authority to move for temporary relief under chapter 7.40
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
RCW to protect the alleged incapacitated person from abuse,
neglect, abandonment, or exploitation, as those terms are
defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative
arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief
requested under chapter 7.40 RCW, or unless, following
notice and a hearing at which all parties directly affected by
the arrangement are present, the court finds that the alternative arrangement should not remain effective.
(10) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged
incapacitated person unless the court finds that such payment
would result in substantial hardship upon such person, in
which case the county shall be responsible for such costs:
PROVIDED, That the court may charge such fee to the petitioner, the alleged incapacitated person, or any person who
has appeared in the action; or may allocate the fee, as it
deems just. If the petition is found to be frivolous or not
brought in good faith, the guardian ad litem fee shall be
charged to the petitioner. The court shall not be required to
provide for the payment of a fee to any salaried employee of
a public agency.
(11) Upon the presentation of the guardian ad litem
report and the entry of an order either dismissing the petition
for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem
shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court
orders the guardian ad litem to perform further duties or
obligations, they shall not be performed at county expense.
(12) The guardian ad litem shall appear in person at all
hearings on the petition unless all parties provide a written
waiver of the requirement to appear.
(13) At any hearing the court may consider whether any
person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary
duty. [2000 c 124 § 1; 1999 c 360 § 1; 1996 c 249 § 10;
1995 c 297 § 4; 1991 c 289 § 5; 1990 c 122 § 8; 1977 ex.s.
c 309 § 6; 1975 1st ex.s. c 95 § 9; 1965 c 145 § 11.88.090.
Prior: 1917 c 156 § 211; RRS § 1581; prior: Code 1881 §
1619; 1873 p 318 § 314; 1860 p 228 § 336.]
Rules of court: Judgment for and settlement of claims of minors: SPR
98.16W.
*Reviser’s note: RCW 11.96.140 was repealed by 1999 c 42 § 637,
effective January 1, 2000.
Grievance rules—2000 c 124: "Each superior court shall adopt rules
establishing and governing procedures for filing, investigating, and
adjudicating grievances made by or against guardians ad litem under Titles
11, 13, and 26 RCW." [2000 c 124 § 16.]
Intent—1996 c 249: See note following RCW 2.56.030.
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Costs against guardian of infant plaintiff: RCW 4.84.140.
District judge, guardian ad litem if defendant minor, appointment of: RCW
12.04.150.
Execution against for costs against infant plaintiff: RCW 4.84.140.
Incapacitated persons
appearance in civil action: RCW 4.08.060.
appointment for civil actions: RCW 4.08.060.
Liability for costs against infant plaintiffs: RCW 4.84.140.
Minors, for
appearance in civil actions: RCW 4.08.050.
(2002 Ed.)
11.88.090
appointment for civil actions: RCW 4.08.050.
district court proceedings: RCW 12.04.150.
Registration of land titles, appointment for minors: RCW 65.12.145.
11.88.093 Ex parte communications—Removal. A
guardian ad litem shall not engage in ex parte communications with any judicial officer involved in the matter for
which he or she is appointed during the pendency of the
proceeding, except as permitted by court rule or statute for
ex parte motions. Ex parte motions shall be heard in open
court on the record. The record may be preserved in a
manner deemed appropriate by the county where the matter
is heard. The court, upon its own motion, or upon the
motion of a party, may consider the removal of any guardian
ad litem who violates this section from any pending case or
from any court-authorized registry, and if so removed may
require forfeiture of any fees for professional services on the
pending case. [2000 c 124 § 10.]
11.88.095 Disposition of guardianship petition. (1)
In determining the disposition of a petition for guardianship,
the court’s order shall be based upon findings as to the
capacities, condition, and needs of the alleged incapacitated
person, and shall not be based solely upon agreements made
by the parties.
(2) Every order appointing a full or limited guardian of
the person or estate shall include:
(a) Findings as to the capacities, condition, and needs of
the alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review
period;
(c) When the next report of the guardian is due;
(d) Whether the guardian ad litem shall continue acting
as guardian ad litem;
(e) Whether a review hearing shall be required upon the
filing of the inventory;
(f) The authority of the guardian, if any, for investment
and expenditure of the ward’s estate; and
(g) Names and addresses of those persons described in
RCW 11.88.090(5)(d), if any, whom the court believes
should receive copies of further pleadings filed by the
guardian with respect to the guardianship.
(3) If the court determines that a limited guardian
should be appointed, the order shall specifically set forth the
limits by either stating exceptions to the otherwise full
authority of the guardian or by stating the specific authority
of the guardian.
(4) In determining the disposition of a petition for
appointment of a guardian or limited guardian of the estate
only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or
of making other personal decisions and, if not, whether a
guardian or limited guardian of the person of the alleged
incapacitated person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or
durable powers of attorney shall be revoked upon appointment of a guardian or limited guardian of the estate.
If there is an existing medical power of attorney, the
court must make a specific finding of fact regarding the
continued validity of that medical power of attorney before
appointing a guardian or limited guardian for the person.
[1995 c 297 § 5; 1991 c 289 § 6; 1990 c 122 § 9.]
[Title 11 RCW—page 79]
11.88.095
Title 11 RCW: Probate and Trust Law
Effective date—1990 c 122: See note following RCW 11.88.005.
11.88.097 Guardian ad litem—Fees. The court shall
specify the hourly rate the guardian ad litem may charge for
his or her services, and shall specify the maximum amount
the guardian ad litem may charge without additional court
review and approval. The court shall specify rates and fees
in the order of appointment or at the earliest date the court
is able to determine the appropriate rates and fees and prior
to the guardian ad litem billing for his or her services. This
section shall apply except as provided by local court rule.
[2000 c 124 § 13.]
11.88.100 Oath and bond of guardian or limited
guardian. Before letters of guardianship are issued, each
guardian or limited guardian shall take and subscribe an oath
and, unless dispensed with by order of the court as provided
in RCW 11.88.105, file a bond, with sureties to be approved
by the court, payable to the state, in such sum as the court
may fix, taking into account the character of the assets on
hand or anticipated and the income to be received and
disbursements to be made, and such bond shall be conditioned substantially as follows:
The condition of this obligation is such, that if the
above bound A.B., who has been appointed guardian or
limited guardian for C.D., shall faithfully discharge the
office and trust of such guardian or limited guardian according to law and shall render a fair and just account of his
guardianship or limited guardianship to the superior court of
the county of . . . . . ., from time to time as he shall thereto
be required by such court, and comply with all orders of the
court, lawfully made, relative to the goods, chattels, moneys,
care, management, and education of such incapacitated person, or his or her property, and render and pay to such
incapacitated person all moneys, goods, chattels, title papers,
and effects which may come into the hands or possession of
such guardian or limited guardian, at such time and in such
manner as the court may order, then this obligation shall be
void, otherwise it shall remain in effect.
The bond shall be for the use of the incapacitated
person, and shall not become void upon the first recovery,
but may be put in suit from time to time against all or any
one of the obligors, in the name and for the use and benefit
of any person entitled by the breach thereof, until the whole
penalty is recovered thereon. The court may require an
additional bond whenever for any reason it appears to the
court that an additional bond should be given.
In all guardianships or limited guardianships of the
person, and in all guardianship or limited guardianships of
the estate, in which the petition alleges that the alleged
incapacitated person has total assets of a value of less than
three thousand dollars, the court may dispense with the requirement of a bond pending filing of an inventory confirming that the estate has total assets of less than three thousand
dollars: PROVIDED, That the guardian or limited guardian
shall swear to report to the court any changes in the total
assets of the incapacitated person increasing their value to
over three thousand dollars: PROVIDED FURTHER, That
the guardian or limited guardian shall file a yearly statement
showing the monthly income of the incapacitated person if
said monthly income, excluding moneys from state or federal
[Title 11 RCW—page 80]
benefits, is over the sum of five hundred dollars per month
for any three consecutive months. [1990 c 122 § 10; 1983
c 271 § 1; 1977 ex.s. c 309 § 7; 1975 1st ex.s. c 95 § 10;
1965 c 145 § 11.88.100. Prior: 1961 c 155 § 1; 1951 c 242
§ 1; 1947 c 145 § 1; 1945 c 41 § 1; 1917 c 156 § 203; Rem.
Supp. 1947 § 1573; prior: 1905 c 17 § 1; Code 1881 §
1612; 1860 p 226 § 329.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Citation of surety on bond: RCW 11.92.056.
Suretyship: Chapter 19.72 RCW.
11.88.105 Reduction in amount of bond. In cases
where all or a portion of the estate consisting of cash or
securities has been placed in possession of savings and loan
associations or banks, trust companies, escrow corporations,
or other corporations approved by the court and if a verified
receipt signed by the custodian of the funds is filed by the
guardian or limited guardian in court stating that such
corporations hold the cash or securities subject to order of
court, the court may in its discretion dispense with the bond
or reduce the amount of the bond by the amount of such
deposits. [1990 c 122 § 11; 1975 1st ex.s. c 95 § 11; 1965
c 145 § 11.88.105.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.88.107 When bond not required. In all cases
where a bank or trust company, authorized to act as guardian
or limited guardian, or where a nonprofit corporation is
authorized under its articles of incorporation to act as
guardian or limited guardian, is appointed as guardian or
limited guardian, or acts as guardian or limited guardian
under an appointment as such heretofore made, no bond
shall be required: PROVIDED, That in the case of appointment of a nonprofit corporation court approval shall be
required before any bond requirement of this chapter may be
waived. [1990 c 122 § 12; 1977 ex.s. c 309 § 8; 1975 1st
ex.s. c 95 § 12; 1965 c 145 § 11.88.107.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.110 Law on executors’ and administrators’
bonds applicable. All the provisions of this title relative to
bonds given by executors and administrators shall apply to
bonds given by guardians or limited guardians. [1975 1st
ex.s. c 95 § 13; 1965 c 145 § 11.88.110. Prior: 1917 c 156
§ 204; RRS § 1574; prior: Code 1881 § 1617; 1860 p 228
§ 334.]
11.88.115 Notice to department of revenue. Duty of
guardian to notify department of revenue; personal liability
for taxes upon failure to give notice: See RCW 82.32.240.
11.88.120 Modification or termination of guardianship—Procedure. (1) At any time after establishment of a
guardianship or appointment of a guardian, the court may,
upon the death of the guardian or limited guardian, or, for
other good reason, modify or terminate the guardianship or
replace the guardian or limited guardian.
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
(2) Any person, including an incapacitated person, may
apply to the court for an order to modify or terminate a
guardianship or to replace a guardian or limited guardian.
If applicants are represented by counsel, counsel shall move
for an order to show cause why the relief requested should
not be granted. If applicants are not represented by counsel,
they may move for an order to show cause, or they may
deliver a written request to the clerk of the court.
(3) By the next judicial day after receipt of an unrepresented person’s request to modify or terminate a guardianship order, or to replace a guardian or limited guardian, the
clerk shall deliver the request to the court. The court may
(a) direct the clerk to schedule a hearing, (b) appoint a
guardian ad litem to investigate the issues raised by the
application or to take any emergency action the court deems
necessary to protect the incapacitated person until a hearing
can be held, or (c) deny the application without scheduling
a hearing, if it appears based on documents in the court file
that the application is frivolous. Any denial of an application without a hearing shall be in writing with the reasons
for the denial explained. A copy of the order shall be
mailed by the clerk to the applicant, to the guardian, and to
any other person entitled to receive notice of proceedings in
the matter. Unless within thirty days after receiving the
request from the clerk the court directs otherwise, the clerk
shall schedule a hearing on the request and mail notice to the
guardian, the incapacitated person, the applicant, all counsel
of record, and any other person entitled to receive notice of
proceedings in the matter.
(4) In a hearing on an application to modify or terminate a guardianship, or to replace a guardian or limited
guardian, the court may grant such relief as it deems just and
in the best interest of the incapacitated person.
(5) The court may order persons who have been
removed as guardians to deliver any property or records
belonging to the incapacitated person in accordance with the
court’s order. Similarly, when guardians have died or been
removed and property or records of an incapacitated person
are being held by any other person, the court may order that
person to deliver it in accordance with the court’s order.
Disobedience of an order to deliver shall be punishable as
contempt of court. [1991 c 289 § 7; 1990 c 122 § 14; 1977
ex.s. c 309 § 9; 1975 1st ex.s. c 95 § 14; 1965 c 145 §
11.88.120. Prior: 1917 c 156 § 209; RRS § 1579; prior:
Code 1881 § 1616; 1860 p 227 § 333; 1855 p 17 § 11.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.125 Standby limited guardian or limited
guardian. (1) The person appointed by the court as either
guardian or limited guardian of the person and/or estate of
an incapacitated person, shall file in writing with the court,
a notice designating a standby limited guardian or guardian
to serve as limited guardian or guardian at the death or legal
incapacity of the court-appointed guardian or limited
guardian. The notice shall state the name, address, zip code,
and telephone number of the designated standby or limited
guardian. Notice of the guardian’s designation of the
standby guardian shall be given to the standby guardian, the
incapacitated person and his or her spouse and adult children, any facility in which the incapacitated person resides,
(2002 Ed.)
11.88.120
and any person entitled to special notice under RCW
11.92.150 or any person entitled to receive pleadings
pursuant to RCW 11.88.095(2)(g). Such standby guardian
or limited guardian shall have all the powers, duties, and
obligations of the regularly appointed guardian or limited
guardian and in addition shall, within a period of thirty days
from the death or adjudication of incapacity of the regularly
appointed guardian or limited guardian, file with the superior
court in the county in which the guardianship or limited
guardianship is then being administered, a petition for
appointment of a substitute guardian or limited guardian.
Upon the court’s appointment of a new, substitute guardian
or limited guardian, the standby guardian or limited guardian
shall make an accounting and report to be approved by the
court, and upon approval of the court, the standby guardian
or limited guardian shall be released from all duties and
obligations arising from or out of the guardianship or limited
guardianship.
(2) Letters of guardianship shall be issued to the standby
guardian or limited guardian upon filing an oath and posting
a bond as required by RCW 11.88.100 as now or hereafter
amended. The oath may be filed prior to the appointed
guardian or limited guardian’s death. Notice of such
appointment shall be provided to the standby guardian, the
incapacitated person, and any facility in which the incapacitated person resides. The provisions of RCW 11.88.100
through 11.88.110 as now or hereafter amended shall apply
to standby guardians and limited guardians.
(3) In addition to the powers of a standby limited
guardian or guardian as noted in subsection (1) of this
section, the standby limited guardian or guardian shall have
the authority to provide timely, informed consent to necessary medical procedures, as authorized in RCW 11.92.040 as
now or hereafter amended, if the guardian or limited
guardian cannot be located within four hours after the need
for such consent arises. [1991 c 289 § 8; 1990 c 122 § 15;
1979 c 32 § 1; 1977 ex.s. c 309 § 10; 1975 1st ex.s. c 95 §
6.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.88.130 Transfer of jurisdiction and venue. The
court of any county having jurisdiction of any guardianship
or limited guardianship proceeding is authorized to transfer
jurisdiction and venue of the guardianship or limited guardianship proceeding to the court of any other county of the
state upon application of the guardian, limited guardian, or
incapacitated person and such notice to an alleged incapacitated person or other interested party as the court may
require. Such transfers of guardianship or limited guardianship proceedings shall be made to the court of a county
wherein either the guardian or limited guardian or alleged
incapacitated person resides, as the court may deem appropriate, at the time of making application for such transfer.
The original order providing for any such transfer shall be
retained as a permanent record by the clerk of the court in
which such order is entered, and a certified copy thereof
together with the original file in such guardianship or limited
guardianship proceeding and a certified transcript of all
record entries up to and including the order for such change
shall be transmitted to the clerk of the court to which such
[Title 11 RCW—page 81]
11.88.130
Title 11 RCW: Probate and Trust Law
proceeding is transferred. [1990 c 122 § 16; 1975 1st ex.s.
c 95 § 15; 1965 c 145 § 11.88.130. Prior: 1955 c 45 § 1.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.88.140 Termination of guardianship or limited
guardianship. (1) TERMINATION WITHOUT COURT
ORDER. A guardianship or limited guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined
in RCW 26.28.010 as now or hereafter amended, of any
person defined as an incapacitated person pursuant to RCW
11.88.010 as now or hereafter amended solely by reason of
youth, RCW 26.28.020 to the contrary notwithstanding,
subject to subsection (2) of this section;
(b) By an adjudication of capacity or an adjudication of
termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship
specified in the order appointing the limited guardian, unless
prior to such expiration a petition has been filed and served,
as provided in RCW 11.88.040 as now or hereafter amended,
seeking an extension of such term.
(2) TERMINATION OF GUARDIANSHIP FOR A
MINOR BY DECLARATION OF COMPLETION. A
guardianship for the benefit of a minor may be terminated
upon the minor’s attainment of legal age, as defined in RCW
26.28.010 as now or hereafter amended, by the guardian
filing a declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor’s funds
in the guardian’s possession to the minor, who has signed a
receipt for the funds, and that the receipt has been filed with
the court;
(c) That the guardian has completed the administration
of the minor’s estate and the guardianship is ready to be
closed; and
(d) The amount of fees paid or to be paid to each of the
following: (i) The guardian, (ii) lawyer or lawyers, (iii)
accountant or accountants; and that the guardian believes the
fees are reasonable and does not intend to obtain court
approval of the amount of the fees or to submit a guardianship accounting to the court for approval. Subject to the
requirement of notice as provided in this section, unless the
minor petitions the court either for an order requiring the
guardian to obtain court approval of the amount of fees paid
or to be paid to the guardian, lawyers, or accountants, or for
an order requiring an accounting, or both, within thirty days
from the filing of the declaration of completion of guardianship, the guardian shall be automatically discharged without
further order of the court. The guardian’s powers will cease
thirty days after filing the declaration of completion of
guardianship. The declaration of completion of guardianship
shall, at the time, be the equivalent of an entry of a decree
terminating the guardianship, distributing the assets, and
discharging the guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of
completion of guardianship, the guardian or the guardian’s
lawyer shall mail a copy of the declaration of completion to
the minor together with a notice that shall be substantially as
follows:
[Title 11 RCW—page 82]
CAPTION OF CASE
NOTICE OF FILING A
DECLARATION OF COMPLETION
OF GUARDIANSHIP
NOTICE IS GIVEN that the attached Declaration of
Completion of Guardianship was filed by the undersigned in
the above-entitled court on the . . . . . . day of . . . . . .,
19. . .; unless you file a petition in the above-entitled court
requesting the court to review the reasonableness of the fees,
or for an accounting, or both, and serve a copy of the petition on the guardian or the guardian’s lawyer, within thirty
days after the filing date, the amount of fees paid or to be
paid will be deemed reasonable, the acts of the guardian will
be deemed approved, the guardian will be automatically
discharged without further order of the court and the
Declaration of Completion of Guardianship will be final and
deemed the equivalent of an order terminating the guardianship, discharging the guardian and decreeing the distribution
of the guardianship assets.
If you file and serve a petition within the period
specified, the undersigned will request the court to fix a time
and place for the hearing of your petition, and you will be
notified of the time and place of the hearing, by mail, or by
personal service, not less than ten days before the hearing on
the petition.
DATED this . . . . . . day of . . . . . ., 19. . .
......................
Guardian
If the minor, after reaching legal age, waives in writing
the notice required by this section, the guardian will be
automatically discharged without further order of the court
and the declaration of completion of guardianship will be
effective as an order terminating the guardianship without an
accounting upon filing the declaration. If the guardian has
been required to furnish a bond, and a declaration of
completion of guardianship is filed according to this section,
any bond furnished by the guardian shall be automatically
discharged upon the discharge of the guardian.
(3) TERMINATION ON COURT ORDER. A guardianship or limited guardianship may be terminated by court
order after such notice as the court may require if the guardianship or limited guardianship is no longer necessary.
The guardian or limited guardian shall, within thirty
days of the date of termination, unless the court orders a
different deadline for good cause, prepare and file with the
court a final verified account of administration. The final
verified account of administration shall contain the same
information as required for (a) an intermediate verified
account of administration of the estate under RCW
11.92.040(2) and (b) an intermediate personal care status
report under RCW 11.92.043(2).
(4) EFFECT OF TERMINATION. When a guardianship or limited guardianship terminates other than by the
death of the incapacitated person, the powers of the guardian
or limited guardian cease, except that a guardian or limited
guardian of the estate may make disbursements for claims
that are or may be allowed by the court, for liabilities already properly incurred for the estate or for the incapacitated
person, and for expenses of administration. When a guardianship or limited guardianship terminates by death of the
incapacitated person, the guardian or limited guardian of the
estate may proceed under RCW 11.88.150 as now or
(2002 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
hereafter amended, but the rights of all creditors against the
incapacitated person’s estate shall be determined by the law
of decedents’ estates. [1991 c 289 § 9; 1990 c 122 § 17;
1977 ex.s. c 309 § 11; 1975 1st ex.s. c 95 § 16; 1965 c 145
§ 11.88.140.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Procedure on removal or death of guardian or limited guardian: RCW
11.88.120.
Settlement of estate upon termination: RCW 11.92.053.
11.88.150 Administration of deceased incapacitated
person’s estate. (1) Upon the death of an incapacitated
person, a guardian or limited guardian of the estate shall
have authority to disburse or commit those funds under the
control of the guardian or limited guardian as are prudent
and within the means of the estate for the disposition of the
deceased incapacitated person’s remains. Consent for such
arrangement shall be secured according to RCW 68.50.160.
If no person authorized by *RCW 68.50.150 accepts responsibility for giving consent, the guardian or limited guardian
of the estate may consent, subject to the provisions of this
section and to the known directives of the deceased incapacitated person. Reasonable financial commitments made by
a guardian or limited guardian pursuant to this section shall
be binding against the estate of the deceased incapacitated
person.
(2) Upon the death of an incapacitated person intestate
the guardian or limited guardian of his estate has power
under the letters issued to him and subject to the direction of
the court to administer the estate as the estate of the deceased incapacitated person without further letters unless
within forty days after death of the incapacitated person a
petition is filed for letters of administration or for letters
testamentary and the petition is granted. If the guardian or
limited guardian elects to administer the estate under his
letters of guardianship or limited guardianship, he shall
petition the court for an order transferring the guardianship
or limited guardianship proceeding to a probate proceeding,
and upon court approval, the clerk of the court shall re-index
the cause as a decedent’s estate, using the same file number
which was assigned to the guardianship or limited guardianship proceeding. The guardian or limited guardian shall then
be authorized to continue administration of the estate without
the necessity for any further petition or hearing. Notice to
creditors and other persons interested in the estate shall be
published and may be combined with the notice of the
guardian’s or limited guardian’s final account. This notice
shall be given and published in the manner provided in
chapter 11.40 RCW. Upon the hearing, the account may be
allowed and the balance distributed to the persons entitled
thereto, after the payment of such claims as may be allowed.
Liability on the guardian’s or limited guardian’s bond shall
continue until exonerated on settlement of his account, and
may apply to the complete administration of the estate of the
deceased incapacitated person with the consent of the surety.
If letters of administration are granted upon petition filed
within forty days after the death of the incapacitated person,
the personal representative shall supersede the guardian or
limited guardian in the administration of the estate and the
estate shall be administered as a decedent’s estate as provid(2002 Ed.)
11.88.140
ed in this title, including the publication of notice to creditors and other interested persons and the barring of creditors
claims. [1990 c 122 § 18; 1977 ex.s. c 309 § 12; 1975 1st
ex.s. c 95 § 17; 1965 c 145 § 11.88.150.]
*Reviser’s note: The reference to RCW 68.50.150 appears to be
erroneous. RCW 68.50.160 was apparently intended.
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Settlement of estate upon termination: RCW 11.92.053.
11.88.160 Guardianships involving veterans. For
guardianships involving veterans see chapter 73.36 RCW.
[1990 c 122 § 13.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Chapter 11.92
GUARDIANSHIP—POWERS AND DUTIES OF
GUARDIAN OR LIMITED GUARDIAN
Sections
11.92.010
11.92.035
11.92.040
11.92.043
11.92.050
11.92.053
11.92.056
11.92.060
11.92.090
11.92.096
11.92.100
11.92.110
11.92.115
11.92.120
11.92.125
11.92.130
11.92.140
11.92.150
11.92.160
11.92.170
11.92.180
11.92.185
11.92.190
Veterans:
Guardians or limited guardians under court control—Legal
age.
Claims.
Duties of guardian or limited guardian in general.
Additional duties.
Intermediate accounts—Hearing—Order.
Settlement of estate upon termination.
Citation of surety on bond.
Guardian to represent incapacitated person—Compromise of
claims—Service of process.
Sale, exchange, lease, or mortgage of property.
Guardian access to certain held assets.
Petition—Contents.
Sale of real estate.
Return and confirmation of sale.
Confirmation conclusive.
Broker’s fee and closing expenses—Sale, exchange, mortgage, or lease of real estate.
Performance of contracts.
Court authorization for actions regarding guardianship funds.
Request for special notice of proceedings.
Citation for failure to file account or report.
Removal of property of nonresident incapacitated person.
Compensation and expenses of guardian or limited guardian—Attorney’s fees—Department of social and health
services clients paying part of costs—Rules.
Concealed or embezzled property.
Detention of person in residential placement facility against
will prohibited—Effect of court order—Service of notice
of residential placement.
RCW 73.04.140.
11.92.010 Guardians or limited guardians under
court control—Legal age. Guardians or limited guardians
herein provided for shall at all times be under the general
direction and control of the court making the appointment.
For the purposes of chapters 11.88 and 11.92 RCW, all
persons shall be of full and legal age when they shall be
eighteen years old. [1975 1st ex.s. c 95 § 18; 1971 c 28 §
5; 1965 c 145 § 11.92.010. Prior: 1923 c 72 § 1; 1917 c
156 § 202; RRS § 1572. Formerly RCW 11.92.010 and
11.92.020.]
Age of majority: RCW 26.28.010.
Married persons deemed to be of full age: RCW 26.28.020.
Termination of guardianship or limited guardianship upon attainment of
legal age: RCW 11.88.140.
[Title 11 RCW—page 83]
11.92.010
Title 11 RCW: Probate and Trust Law
Transfer of jurisdiction and venue: RCW 11.88.130.
11.92.035 Claims. (1) DUTY OF GUARDIAN TO
PAY. A guardian of the estate is under a duty to pay from
the estate all just claims against the estate of the incapacitated person, whether they constitute liabilities of the
incapacitated person which arose prior to the guardianship or
liabilities properly incurred by the guardian for the benefit of
the incapacitated person or his or her estate and whether
arising in contract or in tort or otherwise, upon allowance of
the claim by the court or upon approval of the court in a
settlement of the guardian’s accounts. The duty of the
guardian to pay from the estate shall not preclude the
guardian’s personal liability for his or her own contracts and
acts made and performed on behalf of the estate as it exists
according to the common law. If it appears that the estate
is likely to be exhausted before all existing claims are paid,
preference shall be given to (a) the expenses of administration including guardian’s fees, attorneys’ fees, and court
costs; (b) prior claims for the care, maintenance and education of the incapacitated person and of the person’s dependents over other claims. Subject to court orders limiting
such powers, a limited guardian of an estate shall have the
same authority to pay claims.
(2) CLAIMS MAY BE PRESENTED. Any person
having a claim against the estate of an incapacitated person,
or against the guardian of his or her estate as such, may file
a written claim with the court for determination at any time
before it is barred by the statute of limitations. After ten
days’ notice to a guardian or limited guardian, a hearing on
the claim shall be held, at which upon proof thereof and
after consideration of any defenses or objections by the
guardian, the court may enter an order for its allowance and
payment from the estate. Any action against the guardian of
the estate as such shall be deemed a claim duly filed. [1990
c 122 § 19; 1975 1st ex.s. c 95 § 19; 1965 c 145 §
11.92.035.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Actions against guardian: RCW 11.92.060.
Claims against estate of deceased incompetent or disabled person: RCW
11.88.150.
Disbursement for claims on termination of guardianship or limited guardianship: RCW 11.88.140.
11.92.040 Duties of guardian or limited guardian in
general. It shall be the duty of the guardian or limited
guardian of an estate:
(1) To file within three months after the guardian’s appointment a verified inventory of all the property of the
incapacitated person which comes into the guardian’s
possession or knowledge, including a statement of all encumbrances, liens, and other secured charges on any item;
(2) To file annually, within ninety days after the
anniversary date of the guardian’s or limited guardian’s
appointment, and also within thirty days after termination of
the appointment, unless the court for good cause orders a
different deadline to file following termination, a written
verified account of the administration, which account shall
contain at least the following information:
(a) Identification of property of the guardianship estate
as of the date of the last account or, in the case of the initial
account, as of the date of inventory;
[Title 11 RCW—page 84]
(b) Identification of all additional property received into
the guardianship, including income by source;
(c) Identification of all expenditures made during the account period by major categories;
(d) Any adjustments to the guardianship estate required
to establish its present fair market value, including gains or
losses on sale or other disposition and any mortgages, deeds
of trust or other encumbrances against the guardianship
estate; and
(e) Identification of all property held in the guardianship
estate as of the date of account, the assessed value of any
real property and the guardian’s estimate of the present fair
market values of other property (including the basis on
which such estimate is made), and the total net fair market
value of the guardianship estate. In addition, immediately
following such statement of present fair market value, the
account shall set forth a statement of current amount of the
guardian’s bond and any other court-ordered protection for
the security of the guardianship assets;
(3) The court in its discretion may allow reports at
intervals of up to thirty-six months for estates with assets
(exclusive of real property) having a value of not more than
twice the homestead exemption. Notwithstanding contrary
provisions of this section, the guardian or limited guardian
of an estate need not file an annual report with the court if
the funds of the guardianship are held for the benefit of a
minor in a blocked account unless the guardian requests a
withdrawal from such account, in which case the guardian
shall provide a written verified account of the administration
of the guardianship estate along with the guardian’s petition
for the withdrawal. The guardian or limited guardian shall
report any substantial change in income or assets of the
guardianship estate within thirty days of the occurrence of
the change. A hearing shall be scheduled for court review
and determination of provision for increased bond or other
provision in accordance with RCW 11.88.100;
(4) To protect and preserve the guardianship estate, to
apply it as provided in this chapter, to account for it faithfully, to perform all of the duties required by law, and at the
termination of the guardianship or limited guardianship, to
deliver the assets of the incapacitated person to the persons
entitled thereto. Except as provided to the contrary herein,
the court may authorize a guardian or limited guardian to do
anything that a trustee can do under the provisions of RCW
11.98.070 for a period not exceeding one year from the date
of the order or for a period corresponding to the interval in
which the guardian’s or limited guardian’s report is required
to be filed by the court pursuant to subsection (2) of this
section, whichever period is longer;
(5) To invest and reinvest the property of the incapacitated person in accordance with the rules applicable to
investment of trust estates by trustees as provided in chapter
11.100 RCW, except that:
(a) No investments shall be made without prior order of
the court in any property other than unconditional interest
bearing obligations of this state or of the United States and
in obligations the interest and principal of which are unconditionally guaranteed by the United States, and in share accounts or deposits which are insured by an agency of the
United States government. Such prior order of the court
may authorize specific investments, or, in the discretion of
the court, may authorize the guardian or limited guardian to
(2002 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
invest and reinvest as provided in chapter 11.100 RCW
without further order of the court;
(b) If it is for the best interests of the incapacitated
person that a specific property be used by the incapacitated
person rather than sold and the proceeds invested, the court
may so order;
(6) To apply to the court no later than the filing of the
inventory for an order authorizing disbursements on behalf
of the incapacitated person: PROVIDED, HOWEVER, That
the guardian or limited guardian of the estate, or the person,
department, bureau, agency, or charitable organization having
the care and custody of an incapacitated person, may apply
to the court for an order directing the guardian or limited
guardian of the estate to pay to the person, department,
bureau, agency, or charitable organization having the care
and custody of an incapacitated person, or if the guardian or
limited guardian of the estate has the care and custody of the
incapacitated person, directing the guardian or limited
guardian of the estate to apply an amount weekly, monthly,
quarterly, semi-annually, or annually, as the court may direct, to be expended in the care, maintenance, and education
of the incapacitated person and of his or her dependents. In
proper cases, the court may order payment of amounts
directly to the incapacitated person for his or her maintenance or incidental expenses. The amounts authorized under
this section may be decreased or increased from time to time
by direction of the court. If payments are made to another
under an order of the court, the guardian or limited guardian
of the estate is not bound to see to the application thereof.
[1991 c 289 § 10; 1990 c 122 § 20; 1985 c 30 § 9. Prior:
1984 c 149 § 12; 1979 c 32 § 2; 1977 ex.s. c 309 § 13;
1975 1st ex.s. c 95 § 20; 1965 c 145 § 11.92.040; prior:
1957 c 64 § 1; 1955 c 205 § 15; 1941 c 83 § 1; 1917 c 156
§ 205; Rem. Supp. 1941 § 1575; prior: 1895 c 42 § 1; Code
1881 § 1614.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Compulsory school attendance law, duty to comply with: RCW
28A.225.010.
Disabled person, defined: RCW 11.88.010.
11.92.043 Additional duties. It shall be the duty of
the guardian or limited guardian of the person:
(1) To file within three months after appointment a
personal care plan for the incapacitated person which shall
include (a) an assessment of the incapacitated person’s
physical, mental, and emotional needs and of such person’s
ability to perform or assist in activities of daily living, and
(b) the guardian’s specific plan for meeting the identified
and emerging personal care needs of the incapacitated
person.
(2) To file annually or, where a guardian of the estate
has been appointed, at the time an account is required to be
filed under RCW 11.92.040, a report on the status of the
incapacitated person, which shall include:
(a) The address and name of the incapacitated person
and all residential changes during the period;
(2002 Ed.)
11.92.040
(b) The services or programs which the incapacitated
person receives;
(c) The medical status of the incapacitated person;
(d) The mental status of the incapacitated person;
(e) Changes in the functional abilities of the incapacitated person;
(f) Activities of the guardian for the period;
(g) Any recommended changes in the scope of the
authority of the guardian;
(h) The identity of any professionals who have assisted
the incapacitated person during the period.
(3) To report to the court within thirty days any substantial change in the incapacitated person’s condition, or any
changes in residence of the incapacitated person.
(4) Consistent with the powers granted by the court, to
care for and maintain the incapacitated person in the setting
least restrictive to the incapacitated person’s freedom and
appropriate to the incapacitated person’s personal care needs,
assert the incapacitated person’s rights and best interests, and
if the incapacitated person is a minor or where otherwise
appropriate, to see that the incapacitated person receives appropriate training and education and that the incapacitated
person has the opportunity to learn a trade, occupation, or
profession.
(5) Consistent with RCW 7.70.065, to provide timely,
informed consent for health care of the incapacitated person,
except in the case of a limited guardian where such power
is not expressly provided for in the order of appointment or
subsequent modifying order as provided in RCW 11.88.125
as now or hereafter amended, the standby guardian or
standby limited guardian may provide timely, informed
consent to necessary medical procedures if the guardian or
limited guardian cannot be located within four hours after
the need for such consent arises. No guardian, limited
guardian, or standby guardian may involuntarily commit for
mental health treatment, observation, or evaluation an alleged
incapacitated person who is unable or unwilling to give
informed consent to such commitment unless the procedures
for involuntary commitment set forth in chapter 71.05 or
72.23 RCW are followed. Nothing in this section shall be
construed to allow a guardian, limited guardian, or standby
guardian to consent to:
(a) Therapy or other procedure which induces convulsion;
(b) Surgery solely for the purpose of psychosurgery;
(c) Other psychiatric or mental health procedures that
restrict physical freedom of movement, or the rights set forth
in RCW 71.05.370.
A guardian, limited guardian, or standby guardian who
believes these procedures are necessary for the proper care
and maintenance of the incapacitated person shall petition
the court for an order unless the court has previously
approved the procedure within the past thirty days. The
court may order the procedure only after an attorney is
appointed in accordance with RCW 11.88.045 if no attorney
has previously appeared, notice is given, and a hearing is
held in accordance with RCW 11.88.040. [1991 c 289 § 11;
1990 c 122 § 21.]
Effective date—1990 c 122: See note following RCW 11.88.005.
[Title 11 RCW—page 85]
11.92.050
Title 11 RCW: Probate and Trust Law
11.92.050 Intermediate accounts—Hearing—Order.
(1) Upon the filing of any intermediate guardianship or
limited guardianship account required by statute, or of any
intermediate account required by court rule or order, the
guardian or limited guardian may petition the court for an
order settling his or her account with regard to any receipts,
expenditures, and investments made and acts done by the
guardian or limited guardian to the date of the interim report.
Upon such petition being filed, the court may in its discretion, where the size or condition of the estate warrants it, set
a date for the hearing of the petition and require the service
of the petition and a notice of the hearing as provided in
RCW 11.88.040 as now or hereafter amended; and, in the
event a hearing is ordered, the court may also appoint a
guardian ad litem, whose duty it shall be to investigate the
report of the guardian or limited guardian of the estate and
to advise the court thereon at the hearing, in writing. At the
hearing on the report of the guardian or limited guardian, if
the court is satisfied that the actions of the guardian or
limited guardian have been proper, and that the guardian or
limited guardian has in all respects discharged his or her
trust with relation to the receipts, expenditures, investments,
and acts, then, in such event, the court shall enter an order
approving such account. If the court has appointed a
guardian ad litem, the order shall be final and binding upon
the incapacitated person, subject only to the right of appeal
as upon a final order; provided that at the time of final
account of said guardian or limited guardian or within one
year after the incapacitated person attains his or her majority
any such interim account may be challenged by the incapacitated person on the ground of fraud.
(2) The procedure established in subsection (1) of this
section for financial accounts by guardians or limited
guardians of the estate shall apply to personal care reports
filed by guardians or limited guardians of the person under
RCW 11.92.043. [1995 c 297 § 6; 1990 c 122 s 23; 1975
1st ex.s. c 95 s 21; 1965 c 145 s 11.92.050. Prior: 1943 c
29 s 1; Rem. Supp. 1943 s 1575-1.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.053 Settlement of estate upon termination.
Within ninety days after the termination of a guardianship
for any reason, the guardian or limited guardian of the estate
shall petition the court for an order settling his or her account as filed in accordance with RCW 11.92.040(2) with
regard to any receipts, expenditures, and investments made
and acts done by the guardian to the date of the termination.
Upon the filing of the petition, the court shall set a date for
the hearing of the petition after notice has been given in
accordance with RCW 11.88.040. Any person interested
may file objections to the petition or may appear at the time
and place fixed for the hearing thereof and present his or her
objections thereto. The court may take such testimony as it
deems proper or necessary to determine whether an order
settling the account should be issued and the transactions of
the guardian be approved, and the court may appoint a
guardian ad litem to review the report.
At the hearing on the petition of the guardian or limited
guardian, if the court is satisfied that the actions of the
guardian or limited guardian have been proper, and that the
guardian has in all respects discharged his or her trust with
[Title 11 RCW—page 86]
relation to the receipts, expenditures, investments, and acts,
then, in such event, the court shall enter an order approving
the account, and the order shall be final and binding upon
the incapacitated person, subject only to the right of appeal
as upon a final order. However, within one year after the
incompetent attains his or her majority any such account
may be challenged by the incapacitated person on the ground
of fraud. [1995 c 297 § 7; 1990 c 122 § 24; 1965 c 145 §
11.92.053.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Administration of deceased incompetent’s estate: RCW 11.88.150.
Procedure on removal or death of guardian—Delivery of estate to successor: RCW 11.88.120.
Termination of guardianship: RCW 11.88.140.
11.92.056 Citation of surety on bond. If, at any
hearing upon a petition to settle the account of any guardian
or limited guardian, it shall appear to the court that said
guardian or limited guardian has not fully accounted or that
said account should not be settled, the court may continue
said hearing to a day certain and may cite the surety or
sureties upon the bond of said guardian or limited guardian
to appear upon the date fixed in said citation and show cause
why the account should not be disapproved and judgment
entered for any deficiency against said guardian or limited
guardian and the surety or sureties upon his or her bond.
Said citation shall be personally served upon said surety or
sureties in the manner provided by law for the service of
summons in civil actions and shall be served not less than
twenty days previous to said hearing. At said hearing any
interested party, including the surety so cited, shall have the
right to introduce any evidence which shall be material to
the matter before the court. If, at said hearing, the final
account of said guardian or limited guardian shall not be
approved and the court shall find that said guardian or
limited guardian is indebted to the incapacitated person in
any amount, said court may thereupon enter final judgment
against said guardian or limited guardian and the surety or
sureties upon his or her bond, which judgment shall be enforceable in the same manner and to the same extent as
judgments in ordinary civil actions. [1990 c 122 § 25; 1975
1st ex.s. c 95 § 22; 1965 c 145 § 11.92.056.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.060 Guardian to represent incapacitated
person—Compromise of claims—Service of process. (1)
GUARDIAN MAY SUE AND BE SUED. When there is a
guardian of the estate, all actions between the incapacitated
person or the guardian and third persons in which it is
sought to charge or benefit the estate of the incapacitated
person shall be prosecuted by or against the guardian of the
estate as such. The guardian shall represent the interests of
the incapacitated person in the action and all process shall be
served on him or her. A guardian or limited guardian of the
estate shall report to the court any action commenced against
the incapacitated person and shall secure court approval prior
to initiating any legal action in the name of the incapacitated
person.
(2) JOINDER, AMENDMENT AND SUBSTITUTION.
When the guardian of the estate is under personal liability
for his or her own contracts and acts made and performed on
(2002 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
behalf of the estate the guardian may be sued both as
guardian and in his or her personal capacity in the same
action. Misnomer or the bringing of the action by or against
the incapacitated person shall not be grounds for dismissal
of the action and leave to amend or substitute shall be freely
granted. If an action was commenced by or against the
incapacitated person before the appointment of a guardian of
his or her estate, such guardian when appointed may be
substituted as a party for the incapacitated person. If the appointment of the guardian of the estate is terminated, his or
her successor may be substituted; if the incapacitated person
dies, his or her personal representative may be substituted;
if the incapacitated person is no longer incapacitated the
person may be substituted.
(3) GARNISHMENT, ATTACHMENT AND EXECUTION. When there is a guardian of the estate, the property
and rights of action of the incapacitated person shall not be
subject to garnishment or attachment, except for the foreclosure of a mortgage or other lien, and execution shall not
issue to obtain satisfaction of any judgment against the
incapacitated person or the guardian of the person’s estate as
such.
(4) COMPROMISE BY GUARDIAN. Whenever it is
proposed to compromise or settle any claim by or against the
incapacitated person or the guardian as such, whether arising
as a result of personal injury or otherwise, and whether
arising before or after appointment of a guardian, the court
on petition of the guardian of the estate, if satisfied that such
compromise or settlement will be for the best interests of the
incapacitated person, may enter an order authorizing the
settlement or compromise be made.
(5) LIMITED GUARDIAN. Limited guardians may
serve and be served with process or actions on behalf of the
incapacitated person, but only to the extent provided for in
the court order appointing a limited guardian. [1990 c 122
§ 26; 1975 1st ex.s. c 95 § 23; 1965 c 145 § 11.92.060.
Prior: 1917 c 156 § 206; RRS § 1576; prior: 1903 c 100 §
1; Code 1881 § 1611; 1860 p 226 § 328.]
Rules of court: SPR 98.08W, 98.10W, 98.16W.
Effective date—1990 c 122: See note following RCW 11.88.005.
Action against guardian deemed claim: RCW 11.92.035.
11.92.090 Sale, exchange, lease, or mortgage of
property. Whenever it shall appear to the satisfaction of a
court by the petition of any guardian or limited guardian,
that it is necessary or proper to sell, exchange, lease,
mortgage, or grant an easement, license or similar interest in
any of the real or personal property of the estate of the
incapacitated person for the purpose of paying debts or for
the care, support and education of the incapacitated person,
or to redeem any property of the incapacitated person’s estate covered by mortgage or other lien, or for the purpose of
making any investments, or for any other purpose which to
the court may seem right and proper, the court may make an
order directing such sale, exchange, lease, mortgage, or grant
of easement, license or similar interest of such part or parts
of the real or personal property as shall to the court seem
proper. [1990 c 122 § 27; 1975 1st ex.s. c 95 § 24; 1965 c
145 § 11.92.090. Prior: 1917 c 156 § 212; RRS § 1582;
prior: Code 1881 § 1620; 1855 p 17 § 14.]
Effective date—1990 c 122: See note following RCW 11.88.005.
(2002 Ed.)
11.92.060
11.92.096 Guardian access to certain held assets.
(1) All financial institutions as defined in RCW
30.22.040(12), all insurance companies holding a certificate
of authority under chapter 48.05 RCW, or any agent who
constitutes a salesperson or broker-dealer of securities under
the definitions of RCW 21.20.005 (hereafter individually and
collectively referenced as "institution") shall provide the
guardian access and control over the asset(s) described in
(a)(vii) of this subsection, including but not limited to
delivery of the asset to the guardian, upon receipt of the
following:
(a) An affidavit containing as an attachment a true and
correct copy of the guardian’s letters of guardianship and
stating:
(i) That as of the date of the affidavit, the affiant is a
duly appointed guardian with authority over assets held by
the institution but owned or subject to withdrawal or delivery
to a client or depositor of the institution;
(ii) The cause number of the guardianship;
(iii) The name of the incapacitated person and the name
of the client or depositor (which names shall be the same);
(iv) The account or the safety deposit box number or
numbers;
(v) The address of the client or depositor;
(vi) The name and address of the affiant-guardian being
provided assets or access to assets;
(vii) A description of and the value of the asset or
assets, or, where the value cannot be readily ascertained, a
reasonable estimate thereof, and a statement that the guardian receives delivery or control of each asset solely in its
capacity as guardian;
(viii) The date the guardian assumed control over the
assets; and
(ix) That a true and correct copy of the letters of
guardianship duly issued by a court to the guardian is
attached to the affidavit; and
(b) An envelope, with postage prepaid, addressed to the
clerk of the court issuing the letters of guardianship.
The affidavit shall be sent in the envelope by the institution
to the clerk of the court together with a statement signed by
an agent of the institution that the description of the asset set
forth in the affidavit appears to be accurate, and confirming
in the case of cash assets, the value of the asset.
(2) Any guardian provided with access to a safe deposit
box pursuant to subsection (1) of this section shall make an
inventory of the contents of the box and attach this inventory
to the affidavit before the affidavit is sent to the clerk of the
court and before the contents of the box are released to the
guardian. Any inventory shall be prepared in the presence
of an employee of the institution and the statement of the
institution required under subsection (1) of this section shall
include a statement executed by the employee that the
inventory appears to be accurate. The institution may
require payment by the guardian of any fees or charges then
due in connection with the asset or account and of a reasonable fee for witnessing preparation of the inventory and
preparing the statement required by this subsection or
subsection (1) of this section.
(3) Any institution to which an affidavit complying with
subsection (1) of this section is submitted may rely on the
affidavit without inquiry and shall not be subject to any
liability of any nature whatsoever to any person whatsoever,
[Title 11 RCW—page 87]
11.92.096
Title 11 RCW: Probate and Trust Law
including but not limited to the institution’s client or depositor or any other person with an ownership or other interest
in or right to the asset, for the reliance or for providing the
guardian access and control over the asset, including but not
limited to delivery of the asset to the guardian. [1991 c 289
§ 13.]
11.92.100 Petition—Contents. Such application shall
be by petition, verified by the oath of the guardian or limited
guardian, and shall substantially set forth:
(1) The value and character of all personal estate
belonging to the incapacitated person that has come to the
knowledge or possession of such guardian or limited guardian.
(2) The disposition of such personal estate.
(3) The amount and condition of the incapacitated
person’s personal estate, if any, dependent upon the settlement of any estate, or the execution of any trust.
(4) The annual income of the real estate of the incapacitated person.
(5) The amount of rent received and the application
thereof.
(6) The proposed manner of reinvesting the proceeds of
the sale, if asked for that purpose.
(7) Each item of indebtedness, or the amount and
character of the lien, if the sale is requested for the liquidation thereof.
(8) The age of the incapacitated person, where and with
whom residing.
(9) All other facts connected with the estate and
condition of the incapacitated person necessary to enable the
court to fully understand the same. If there is no personal
estate belonging to the incapacitated person in possession or
expectancy, and none has come into the hands of such
guardian or limited guardian, and no rents have been
received, the fact shall be stated in the application. [1990 c
122 § 28; 1975 1st ex.s. c 95 § 25; 1965 c 145 § 11.92.100.
Prior: 1917 c 156 § 213; RRS § 1583; prior: Code 1881 §
1621; 1860 p 228 § 338; 1855 p 17 § 15.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.110 Sale of real estate. The order directing the
sale of any of the real property of the estate of the incapacitated person shall specify the particular property affected and
the method, whether by public or private sale or by negotiation, and terms thereof, and with regard to the procedure
and notices to be employed in conducting such sale, the
provisions of RCW 11.56.060, 11.56.070, 11.56.080, and
11.56.110 shall be followed unless the court otherwise
directs. [1990 c 122 § 29; 1975 1st ex.s. c 95 § 26; 1965 c
145 § 11.92.110. Prior: 1917 c 156 § 214; RRS § 1524;
prior: Code 1881 § 1623; 1860 p 229 § 340.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.115 Return and confirmation of sale. The
guardian or limited guardian making any sale of real estate,
either at public or private sale or sale by negotiation, shall
within ten days after making such sale file with the clerk of
the court his return of such sale, the same being duly
verified. At any time after the expiration of ten days from
the filing of such return, the court may, without notice,
[Title 11 RCW—page 88]
approve and confirm such sale and direct proper instruments
of transfer to be executed and delivered. Upon the confirmation of any such sale, the court shall direct the guardian
or limited guardian to make, execute and deliver instruments
conveying the title to the person to whom such property may
be sold and such instruments of conveyance shall be deemed
to convey all the estate, rights and interest of the incapacitated person and of the person’s estate. In the case of a sale
by negotiation the guardians or limited guardians shall
publish a notice in one issue of a legal newspaper published
in the county in which the estate is being administered; the
substance of such notice shall include the legal description
of the property sold, the selling price and the date after
which the sale may be confirmed: PROVIDED, That such
confirmation date shall be at least ten days after such notice
is published. [1990 c 122 § 30; 1975 1st ex.s. c 95 § 27;
1965 c 145 § 11.92.115.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.120 Confirmation conclusive. No sale by any
guardian or limited guardian of real or personal property
shall be void or be set aside or be attacked because of any
irregularities whatsoever, and none of the steps leading up to
such sale or the confirmation thereof shall be jurisdictional,
and the confirmation by the court of any such sale shall be
conclusive as to the regularity and legality of such sale or
sales, and the passing of title after confirmation by the court
shall vest an absolute title in the purchaser, and such
instrument of transfer may not be attacked for any purpose
or any reason, except for fraud. [1975 1st ex.s. c 95 § 28;
1965 c 145 § 11.92.120. Prior: 1917 c 156 § 215; RRS §
1585; prior: Code 1881 § 1625; 1860 p 229 § 343.]
11.92.125 Broker’s fee and closing expenses—Sale,
exchange, mortgage, or lease of real estate. In connection
with the sale, exchange, mortgage, lease, or grant of easement or license in any property, the court may authorize the
guardian or limited guardian to pay, out of the proceeds
realized therefrom or out of the estate, the customary and
reasonable auctioneer’s and broker’s fees and any necessary
expenses for abstracting title insurance, survey, revenue
stamps, and other necessary costs and expenses in connection therewith. [1977 ex.s. c 309 § 15; 1965 c 145 §
11.92.125.]
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.92.130 Performance of contracts. If any person
who is bound by contract in writing to perform shall become
incapacitated before making the performance, the court
having jurisdiction of the guardianship or limited guardianship of such property may, upon application of the guardian
or limited guardian of the incapacitated person, or upon
application of the person claiming to be entitled to the
performance, make an order authorizing and directing the
guardian or limited guardian to perform such contract. The
application and the proceedings, shall, as nearly as may be,
be the same as provided in chapter 11.60 RCW. [1990 c
122 § 31; 1975 1st ex.s. c 95 § 29; 1965 c 145 § 11.92.130.
Prior: 1923 c 142 § 5; RRS § 1585a.]
Effective date—1990 c 122: See note following RCW 11.88.005.
(2002 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
11.92.140 Court authorization for actions regarding
guardianship funds. The court, upon the petition of a
guardian of the estate of an incapacitated person other than
the guardian of a minor, and after such notice as the court
directs and other notice to all persons interested as required
by chapter 11.96A RCW, may authorize the guardian to take
any action, or to apply funds not required for the incapacitated person’s own maintenance and support, in any fashion the
court approves as being in keeping with the incapacitated
person’s wishes so far as they can be ascertained and as
designed to minimize insofar as possible current or prospective state or federal income and estate taxes, permit entitlement under otherwise available federal or state medical or
other assistance programs, and to provide for gifts to such
charities, relatives, and friends as would be likely recipients
of donations from the incapacitated person.
The action or application of funds may include but shall
not be limited to the making of gifts, to the conveyance or
release of the incapacitated person’s contingent and expectant interests in property including marital property rights
and any right of survivorship incident to joint tenancy or
tenancy by the entirety, to the exercise or release of the
incapacitated person’s powers as donee of a power of
appointment, the making of contracts, the creation of
revocable or irrevocable trusts of property of the incapacitated person’s estate which may extend beyond the incapacitated person’s disability or life, the establishment of
custodianships for the benefit of a minor under chapter
11.114 RCW, the Washington uniform transfers to minors
act, the exercise of options of the incapacitated person to
purchase securities or other property, the exercise of the
incapacitated person’s right to elect options and to change
beneficiaries under insurance and annuity policies and the
surrendering of policies for their cash value, the exercise of
the incapacitated person’s right to any elective share in the
estate of the incapacitated person’s deceased spouse, and the
renunciation or disclaimer of any interest acquired by testate
or intestate succession or by inter vivos transfer.
The guardian in the petition shall briefly outline the
action or application of funds for which approval is sought,
the results expected to be accomplished thereby and the
savings expected to accrue. The proposed action or application of funds may include gifts of the incapacitated person’s
personal or real property. Gifts may be for the benefit of
prospective legatees, devisees, or heirs apparent of the
incapacitated person, or may be made to individuals or
charities in which the incapacitated person is believed to
have an interest. Gifts may or may not, in the discretion of
the court, be treated as advancements to donees who would
otherwise inherit property from the incapacitated person
under the incapacitated person’s will or under the laws of
descent and distribution. The guardian shall also indicate in
the petition that any planned disposition is consistent with
the intentions of the incapacitated person insofar as the
intentions can be ascertained, and if the incapacitated
person’s intentions cannot be ascertained, the incapacitated
person will be presumed to favor reduction in the incidence
of the various forms of taxation and the partial distribution
of the incapacitated person’s estate as provided in this
section. The guardian shall not, however, be required to
include as a beneficiary any person whom there is reason to
believe would be excluded by the incapacitated person. No
(2002 Ed.)
11.92.140
guardian may be required to file a petition as provided in
this section, and a failure or refusal to so petition the court
does not constitute a breach of the guardian’s fiduciary
duties. [1999 c 42 § 616; 1991 c 193 § 32; 1990 c 122 §
32; 1985 c 30 § 10. Prior: 1984 c 149 § 13.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Effective date—Severability—1991 c 193: See RCW 11.114.903
and 11.114.904.
Effective date—1990 c 122: See note following RCW 11.88.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.92.150 Request for special notice of proceedings.
At any time after the issuance of letters of guardianship in
the estate of any person and/or incapacitated person, any
person interested in the estate, or in the incapacitated person,
or any relative of the incapacitated person, or any authorized
representative of any agency, bureau, or department of the
United States government from or through which any
compensation, insurance, pension or other benefit is being
paid, or is payable, may serve upon the guardian or limited
guardian, or upon the attorney for the guardian or limited
guardian, and file with the clerk of the court where the
guardianship or limited guardianship of the person and/or
estate is pending, a written request stating the specific
actions of which the applicant requests advance notice.
Where the notice does not specify matters for which notice
is requested, the guardian or limited guardian shall provide
copies of all documents filed with the court and advance
notice of his or her application for court approval of any
action in the guardianship.
The request for special written notice shall designate the
name, address and post office address of the person upon
whom the notice is to be served and no service shall be
required under this section and RCW 11.92.160 as now or
hereafter amended other than in accordance with the designation unless and until a new designation has been made.
When any account, report, petition, or proceeding is
filed in the estate of which special written notice is requested, the court shall fix a time for hearing which shall allow
at least ten days for service of the notice before the hearing;
and notice of the hearing shall be served upon the person
designated in the written request at least ten days before the
date fixed for the hearing. The service may be made by
leaving a copy with the person designated, or that person’s
authorized representative, or by mailing through the United
States mail, with postage prepaid to the person and place
designated. [1990 c 122 § 33; 1985 c 30 § 11. Prior: 1984
c 149 § 14; 1975 1st ex.s. c 95 § 30; 1969 c 18 § 1; 1965 c
145 § 11.92.150; prior: 1925 ex.s. c 104 § 1; RRS §
1586-1.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.92.160 Citation for failure to file account or
report. Whenever any request for special written notice is
[Title 11 RCW—page 89]
11.92.160
Title 11 RCW: Probate and Trust Law
served as provided in this section and RCW 11.92.150 as
now or hereafter amended, the person making such request
may, upon failure of any guardian or limited guardian for
any incapacitated person, to file any account or report
required by law, petition the court administering such estate
for a citation requiring such guardian or limited guardian to
file such report or account, or to show cause for failure to do
so, and thereupon the court shall issue such citation and hold
a hearing thereon and enter such order as is required by the
law and the facts. [1990 c 122 § 34; 1975 1st ex.s. c 95 §
31; 1965 c 145 § 11.92.160. Prior: 1925 ex.s. c 104 § 2;
RRS § 1586-2.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Attorney’s fee to contestant of erroneous account or report: RCW
11.76.070.
11.92.170 Removal of property of nonresident
incapacitated person. Whenever it is made to appear that
it would be in the best interests of the incapacitated person,
the court may order the transfer of property in this state to
a guardian or limited guardian of the estate of the incapacitated person appointed in another jurisdiction, or to a person
or institution having similar authority with respect to the
incapacitated person. [1990 c 122 § 35; 1977 ex.s. c 309 §
16; 1975 1st ex.s. c 95 § 32; 1965 c 145 § 11.92.170. Prior:
1917 c 156 § 217; RRS § 1587; prior: Code 1881 § 1628;
1873 p 320 § 323.]
Effective date—1990 c 122: See note following RCW 11.88.005.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
11.92.180 Compensation and expenses of guardian
or limited guardian—Attorney’s fees—Department of
social and health services clients paying part of costs—
Rules. A guardian or limited guardian shall be allowed such
compensation for his or her services as guardian or limited
guardian as the court shall deem just and reasonable.
Guardians and limited guardians shall not be compensated at
county or state expense. Additional compensation may be
allowed for other administrative costs, including services of
an attorney and for other services not provided by the
guardian or limited guardian. Where a guardian or limited
guardian is an attorney, the guardian or limited guardian
shall separately account for time for which compensation is
requested for services as a guardian or limited guardian as
contrasted to time for which compensation for legal services
provided to the guardianship is requested. In all cases,
compensation of the guardian or limited guardian and his or
her expenses including attorney’s fees shall be fixed by the
court and may be allowed at any annual or final accounting;
but at any time during the administration of the estate, the
guardian or limited guardian or his or her attorney may
apply to the court for an allowance upon the compensation
or necessary expenses of the guardian or limited guardian
and for attorney’s fees for services already performed. If the
court finds that the guardian or limited guardian has failed
to discharge his or her duties as such in any respect, it may
deny the guardian any compensation whatsoever or may
reduce the compensation which would otherwise be allowed.
Where the incapacitated person is a department of social and
health services client residing in a nursing facility or in a
residential or home setting and is required by the department
[Title 11 RCW—page 90]
of social and health services to contribute a portion of their
income towards the cost of residential or supportive services
then the department shall be entitled to notice of proceedings
as described in RCW 11.92.150. The amount of guardianship fees and additional compensation for administrative
costs shall not exceed the amount allowed by the department
of social and health services by rule. [1995 c 297 § 8; 1994
c 68 § 1; 1991 c 289 § 12; 1990 c 122 § 36; 1975 1st ex.s.
c 95 § 33; 1965 c 145 § 11.92.180. Prior: 1917 c 156 §
216; RRS § 1586; prior: Code 1881 § 1627; 1855 p 19 §
25.]
Rules of court: SPR 98.12W.
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.185 Concealed or embezzled property. The
court shall have authority to bring before it, in the manner
prescribed by RCW 11.48.070, any person or persons
suspected of having in his or her possession or having
concealed, embezzled, conveyed or disposed of any of the
property of the estate of incapacitated persons subject to
administration under this title. [1990 c 122 § 37; 1975 1st
ex.s. c 95 § 34; 1965 c 145 § 11.92.185.]
Effective date—1990 c 122: See note following RCW 11.88.005.
11.92.190 Detention of person in residential placement facility against will prohibited—Effect of court
order—Service of notice of residential placement. No
residential treatment facility which provides nursing or other
care may detain a person within such facility against their
will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters
10.77, 71.05, and 72.23 RCW, which purports to authorize
such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary
detention on behalf of an incapacitated person shall be void
and of no force or effect. This section does not apply to the
detention of a minor as provided in chapter 70.96A or 71.34
RCW.
Nothing in this section shall be construed to require a
court order authorizing placement of an incapacitated person
in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served,
either before or after placement, by the guardian or limited
guardian on such person, the guardian ad litem of record,
and any attorney of record. [1996 c 249 § 11; 1977 ex.s. c
309 § 14.]
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—1977 ex.s. c 309: See note following RCW 11.88.005.
Chapter 11.94
POWER OF ATTORNEY
Sections
11.94.010
11.94.020
11.94.030
11.94.040
11.94.043
Designation—Authority—Effect of acts done—Appointment
of guardian, effect—Accounting—Reliance on instrument.
Effect of death, disability, or incompetence of principal—
Acts without knowledge.
Banking transactions.
Liability for reliance on power of attorney document.
Durable power of attorney—Revocation or termination.
(2002 Ed.)
Power of Attorney
11.94.046
11.94.050
11.94.060
11.94.070
11.94.080
11.94.090
11.94.100
11.94.110
11.94.120
11.94.130
11.94.140
11.94.900
Durable power of attorney—Validity.
Attorney or agent granted principal’s powers—Powers to be
specifically provided for—Transfer of resources by
principal’s attorney or agent.
Conveyance or encumbrance of homestead.
Limitations on powers to benefit attorneys-in-fact.
Termination of marriage.
Court petition.
Persons allowed to file court petition.
Ruling on court petition.
Award of costs on court petition.
Applicability of dispute resolution provisions to court petition.
Notice of hearing on court petition.
Application of 1984 c 149 §§ 26-31 as of January 1, 1985.
11.94.010 Designation—Authority—Effect of acts
done—Appointment of guardian, effect—Accounting—
Reliance on instrument. (1) Whenever a principal designates another as his or her attorney in fact or agent, by a
power of attorney in writing, and the writing contains the
words "This power of attorney shall not be affected by
disability of the principal," or "This power of attorney shall
become effective upon the disability of the principal," or
similar words showing the intent of the principal that the
authority conferred shall be exercisable notwithstanding the
principal’s disability, the authority of the attorney in fact or
agent is exercisable on behalf of the principal as provided
notwithstanding later disability or incapacity of the principal
at law or later uncertainty as to whether the principal is dead
or alive. All acts done by the attorney in fact or agent
pursuant to the power during any period of disability or
incompetence or uncertainty as to whether the principal is
dead or alive have the same effect and inure to the benefit
of and bind the principal or the principal’s guardian or heirs,
devisees, and personal representative as if the principal were
alive, competent, and not disabled. A principal may nominate, by a durable power of attorney, the guardian or limited
guardian of his or her estate or person for consideration by
the court if protective proceedings for the principal’s person
or estate are thereafter commenced. The court shall make its
appointment in accordance with the principal’s most recent
nomination in a durable power of attorney except for good
cause or disqualification. If a guardian thereafter is appointed for the principal, the attorney in fact or agent, during the
continuance of the appointment, shall account to the guardian
rather than the principal. The guardian has the same power
the principal would have had if the principal were not
disabled or incompetent, to revoke, suspend or terminate all
or any part of the power of attorney or agency.
(2) Persons shall place reasonable reliance on any
determination of disability or incompetence as provided in
the instrument that specifies the time and the circumstances
under which the power of attorney document becomes effective.
(3) A principal may authorize his or her attorney-in-fact
to provide informed consent for health care decisions on the
principal’s behalf. Unless he or she is the spouse, or adult
child or brother or sister of the principal, none of the
following persons may act as the attorney-in-fact for the
principal: Any of the principal’s physicians, the physicians’
employees, or the owners, administrators, or employees of
the health care facility where the principal resides or receives
care. This authorization is subject to the same limitations as
(2002 Ed.)
Chapter 11.94
those that apply to a guardian under RCW 11.92.043(5) (a)
through (c). [1995 c 297 § 9; 1989 c 211 § 1; 1985 c 30 §
25. Prior: 1984 c 149 § 26; 1974 ex.s. c 117 § 52.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.94.020 Effect of death, disability, or incompetence of principal—Acts without knowledge. (1) The
death, disability, or incompetence of any principal who has
executed a power of attorney in writing other than a power
as described by RCW 11.94.010, does not revoke or terminate the agency as to the attorney in fact, agent, or other
person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under
the power of attorney or agency. Any action so taken,
unless otherwise invalid or unenforceable, binds the principal
and the principal’s heirs, devisees, and personal representatives.
(2) An affidavit, executed by the attorney in fact, or
agent, stating that the attorney did not have, at the time of
doing an act pursuant to the power of attorney, actual
knowledge of the revocation or termination of the power of
attorney by death, disability, or incompetence, is, in the
absence of a showing of fraud or bad faith, conclusive proof
of the nonrevocation or nontermination of the power at that
time. If the exercise of the power requires execution and
delivery of any instrument which is recordable, the affidavit
when authenticated for record is likewise recordable.
(3) This section shall not be construed to alter or affect
any provision for revocation or termination contained in the
power of attorney. [1985 c 30 § 26. Prior: 1984 c 149 §
27; 1977 ex.s. c 234 § 27; 1974 ex.s. c 117 § 53.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Application, effective date—Severability—1977 ex.s. c 234: See
notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
11.94.030 Banking transactions. If a principal,
pursuant to RCW 11.94.010 or 11.94.020, has given a
designated attorney in fact or agent all the principal’s powers
of absolute ownership or has used language to indicate that
the attorney in fact or agent has all the powers the principal
would have if alive and competent, then that language,
notwithstanding chapter 30.22 RCW, includes the authority
(1) to deposit and to make payments from any account in a
financial institution, as defined in RCW 30.22.040, in the
name of the principal, and (2) to enter any safe deposit box
to which the principal has a right of access, subject to any
contrary provision in any agreement governing the safe
deposit box. [1985 c 30 § 27. Prior: 1984 c 149 § 28.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
[Title 11 RCW—page 91]
11.94.040
Title 11 RCW: Probate and Trust Law
11.94.040 Liability for reliance on power of attorney document. (1) Any person acting without negligence
and in good faith in reasonable reliance on a power of
attorney shall not incur any liability.
(2) If the attorney in fact presents the power of attorney
to a third person and requests the person to accept the
attorney in fact’s authority to act for the principal, and also
presents to the person an acknowledged affidavit or declaration signed under penalty of perjury in the form designated
in RCW 9A.72.085, signed and dated contemporaneously
with presenting the power of attorney, which meets the
requirements of subsection (3) of this section, and the person
accepting the power of attorney has examined the power of
attorney and confirmed the identity of the attorney in fact,
then the person’s reliance on the power of attorney is
presumed to be without negligence and in good faith in
reasonable reliance, which presumption may be rebutted by
clear and convincing evidence that the person accepting the
power of attorney knew or should have known that one or
more of the material statements in the affidavit is untrue. It
shall not be found that an organization knew or should have
known of circumstances that would revoke or terminate the
power of attorney or limit or modify the authority of the
attorney in fact, unless the individual accepting the power of
attorney on behalf of the organization knew or should have
known of the circumstances.
(3) An affidavit presented pursuant to subsection (2) of
this section shall state that:
(a) The person presenting himself or herself as the
attorney in fact and signing the affidavit or declaration is the
person so named in the power of attorney;
(b) If the attorney in fact is named in the power of
attorney as a successor attorney in fact, the circumstances or
conditions stated in the power of attorney that would cause
that person to become the acting attorney in fact have occurred;
(c) To the best of the attorney in fact’s knowledge, the
principal is still alive;
(d) To the best of the attorney in fact’s knowledge, at
the time the power of attorney was signed, the principal was
competent to execute the document and was not under undue
influence to sign the document;
(e) All events necessary to making the power of
attorney effective have occurred;
(f) The attorney in fact does not have actual knowledge
of the revocation, termination, limitation, or modification of
the power of attorney or of the attorney in fact’s authority;
(g) The attorney in fact does not have actual knowledge
of the existence of other circumstances that would limit,
modify, revoke, or terminate the power of attorney or the
attorney in fact’s authority to take the proposed action;
(h) If the attorney in fact was married to the principal
at the time of execution of the power of attorney, then at the
time of signing the affidavit or declaration, the marriage of
the principal and the attorney in fact has not been dissolved
or declared invalid; and
(i) The attorney in fact is acting in good faith pursuant
to the authority given under the power of attorney.
(4) Unless the document contains a time limit, the
length of time which has elapsed from its date of execution
shall not prevent a party from reasonably relying on the
document.
[Title 11 RCW—page 92]
(5) Unless the document contains a requirement that it
be filed for record to be effective, a person may place
reasonable reliance on it regardless of whether it is so filed.
[2001 c 203 § 2; 1985 c 30 § 28. Prior: 1984 c 149 § 29.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.94.043 Durable power of attorney—Revocation
or termination. The durable power of attorney provided for
under this chapter shall continue in effect until revoked or
terminated by the principal, by a court-appointed guardian,
or by court order. [1989 c 211 § 2.]
11.94.046 Durable power of attorney—Validity. (1)
A durable power of attorney executed pursuant to chapter
11.94 RCW before July 23, 1989, that specifically authorizes
an attorney-in-fact to make decisions relating to the health
care of the principal shall be deemed valid, except for the
exemptions provided for in RCW 11.94.010(3).
(2) Nothing in this chapter affects the validity of a
decision made under a durable power of attorney executed
pursuant to chapter 11.94 RCW before July 23, 1989. [1989
c 211 § 3.]
11.94.050 Attorney or agent granted principal’s
powers—Powers to be specifically provided for—
Transfer of resources by principal’s attorney or agent.
(1) Although a designated attorney in fact or agent has all
powers of absolute ownership of the principal, or the
document has language to indicate that the attorney in fact
or agent shall have all the powers the principal would have
if alive and competent, the attorney in fact or agent shall not
have the power to make, amend, alter, or revoke the
principal’s wills or codicils, and shall not have the power,
unless specifically provided otherwise in the document: To
make, amend, alter, or revoke any of the principal’s life
insurance, annuity, or similar contract beneficiary designations, employee benefit plan beneficiary designations, trust
agreements, registration of the principal’s securities in
beneficiary form, payable on death or transfer on death
beneficiary designations, designation of persons as joint
tenants with right of survivorship with the principal with
respect to any of the principal’s property, community
property agreements, or any other provisions for nonprobate
transfer at death contained in nontestamentary instruments
described in RCW 11.02.091; to make any gifts of property
owned by the principal; to make transfers of property to any
trust (whether or not created by the principal) unless the trust
benefits the principal alone and does not have dispositive
provisions which are different from those which would have
governed the property had it not been transferred into the
trust, or to disclaim property.
(2) Nothing in subsection (1) of this section prohibits an
attorney in fact or agent from making any transfer of
resources not prohibited under chapter 74.09 RCW when the
transfer is for the purpose of qualifying the principal for
medical assistance or the limited casualty program for the
(2002 Ed.)
Power of Attorney
medically needy. [2001 c 203 § 12; 1989 c 87 § 1; 1985 c
30 § 29. Prior: 1984 c 149 § 30.]
Effective dates—1989 c 87: "(1) Sections 7 and 8 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect July 1, 1989.
(2) Sections 1 through 5 of this act shall take effect October 1, 1989."
[1989 c 87 § 9.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.94.060 Conveyance or encumbrance of homestead. If a principal, pursuant to RCW 11.94.010 or
11.94.020, has given a designated attorney in fact or agent
all the principal’s powers of absolute ownership or has used
language to indicate that the attorney in fact or agent has all
the powers the principal would have if alive and competent,
then these powers include the right to convey or encumber
the principal’s homestead.[1985 c 30 § 30. Prior: 1984 c
149 § 31.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.94.070 Limitations on powers to benefit attorneys-in-fact. (1) The restrictions in RCW 11.95.100
through 11.95.150 on the power of a person holding a power
of appointment apply to attorneys-in-fact holding the power
to appoint to or for the benefit of the powerholder.
(2) This section applies retroactively to July 25, 1993.
[1994 c 221 § 67.]
Effective dates—1994 c 221: "(1) Except as provided in section 74
of this act, sections 1 through 72 of this act shall take effect January 1,
1995.
(2) *Section 3 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [April 1,
1994]." [1994 c 221 § 75.]
*Reviser’s note: "Section 3 of this act" is erroneous. This reference
was apparently intended to be to section 67. The error arose in the
renumbering of sections in the engrossing of amendments to Substitute
House Bill No. 2270 (1994 c 221).
11.94.080 Termination of marriage. (1) An appointment of a principal’s spouse as attorney in fact, including
appointment as successor or coattorney in fact, under a
power of attorney shall be revoked upon entry of a decree of
dissolution or legal separation or declaration of invalidity of
the marriage of the principal and the attorney in fact, unless
the power of attorney or the decree provides otherwise. The
effect of this revocation shall be as if the spouse resigned as
attorney in fact, or if named as successor attorney in fact,
renounced the appointment, as of the date of entry of the
decree or declaration, and the power of attorney shall
otherwise remain in effect with respect to appointments of
other persons as attorney in fact for the principal or procedures prescribed in the power of attorney to appoint other
persons, and any terms relating to service by persons as
attorney in fact.
(2002 Ed.)
11.94.050
(2) This section applies to all decrees of dissolution and
declarations of invalidity of marriage entered after July 22,
2001. [2001 c 203 § 1.]
11.94.090 Court petition. (1) A person designated in
RCW 11.94.100 may file a petition requesting that the court:
(a) Determine whether the power of attorney is in effect
or has terminated;
(b) Compel the attorney in fact to submit the attorney in
fact’s accounts or report the attorney in fact’s acts as
attorney in fact to the principal, the spouse of the principal,
the guardian of the person or the estate of the principal, or
to any other person required by the court in its discretion, if
the attorney in fact has failed to submit an accounting or
report within sixty days after written request from the person
filing the petition, however, a government agency charged
with the protection of vulnerable adults may file a petition
upon the attorney in fact’s refusal or failure to submit an
accounting upon written request and shall not be required to
wait sixty days;
(c) Ratify past acts or approve proposed acts of the
attorney in fact;
(d) Order the attorney in fact to exercise or refrain from
exercising authority in a power of attorney in a particular
manner or for a particular purpose;
(e) Modify the authority of an attorney in fact under a
power of attorney;
(f) Remove the attorney in fact on a determination by
the court of both of the following:
(i) The attorney in fact has violated or is unfit to
perform the fiduciary duties under the power of attorney; and
(ii) The removal of the attorney in fact is in the best
interest of the principal;
(g) Approve the resignation of the attorney in fact and
approve the final accountings of the resigning attorney in
fact if submitted, subject to any orders the court determines
are necessary to protect the principal’s interests;
(h) Confirm the authority of a successor attorney in fact
to act under a power of attorney upon removal or resignation
of the previous attorney in fact;
(i) Compel a third person to honor the authority of an
attorney in fact, provided that a third person may not be
compelled to honor the agent’s authority if the principal
could not compel the third person to act in the same circumstances;
(j) Order the attorney in fact to furnish a bond in an
amount the court determines to be appropriate.
(2) The petition shall contain a statement identifying the
principal’s known immediate family members, and any other
persons known to petitioner to be interested in the principal’s
welfare or the principal’s estate, stating which of said
persons have an interest in the action requested in the
petition and explaining the determination of who is interested
in the petition. [2001 c 203 § 3.]
11.94.100 Persons allowed to file court petition. (1)
A petition may be filed under RCW 11.94.090 by any of the
following persons:
(a) The attorney in fact;
(b) The principal;
(c) The spouse of the principal;
[Title 11 RCW—page 93]
11.94.100
Title 11 RCW: Probate and Trust Law
(d) The guardian of the estate or person of the principal;
or
(e) Any other interested person, as long as the person
demonstrates to the court’s satisfaction that the person is
interested in the welfare of the principal and has a good faith
belief that the court’s intervention is necessary, and that the
principal is incapacitated at the time of filing the petition or
otherwise unable to protect his or her own interests.
(2) Notwithstanding RCW 11.94.080, the principal may
specify in the power of attorney by name certain persons
who shall have no authority to bring a petition under RCW
11.94.090 with respect to the power of attorney. This
provision is enforceable:
(a) If the person so named is not at the time of filing
the petition the guardian of the principal;
(b) If at the time of signing the power of attorney the
principal was represented by an attorney who advised the
principal regarding the power of attorney and who signed a
certificate at the time of execution of the power of attorney,
stating that the attorney has advised the principal concerning
his or her rights, the applicable law, and the effect and
consequences of executing the power of attorney; or
(c) If (a) and (b) of this subsection do not apply, unless
the person so named can establish that the principal was
unduly influenced by another or under mistaken beliefs when
excluding the person from the petition process, or unless the
person named is a government agency charged with protection of vulnerable adults. [2001 c 203 § 4.]
11.94.110 Ruling on court petition. In ruling on a
petition filed under RCW 11.94.090 and ordering any relief,
the court must consider the best interests of the principal and
will order relief that is the least restrictive to the exercise of
the power of attorney while still adequate in the court’s view
to serve the principal’s best interests. Upon entry of an
order ruling on a petition, the court’s oversight of the
attorney in fact’s actions and of the operation of the power
of attorney ends unless another petition is filed under this
chapter or unless the order specifies further court involvement that is necessary for a resolution of the issues raised in
the petition. [2001 c 203 § 5.]
11.94.120 Award of costs on court petition. In any
proceeding commenced by the filing of a petition under
RCW 11.94.090 by a person other than the attorney in fact,
the court may in its discretion award costs, including reasonable attorneys’ fees, to any person participating in the
proceedings from any other person participating in the
proceedings, or from the assets of the principal, as the court
determines to be equitable. In determining what is equitable
in making the award, the court must consider whether the
petition was filed without reasonable cause, and order costs
and fees paid by the attorney in fact individually only if the
court determines that the attorney in fact has clearly violated
his or her fiduciary duties or has refused without justification
to cooperate with the principal or the principal’s guardian or
personal representative. In a proceeding to compel a third
party to accept a power of attorney, the court may order
costs, including reasonable attorneys’ fees, to be paid by the
third party only if the court determines that the third party
did not have a good faith concern that the attorney in fact’s
[Title 11 RCW—page 94]
exercise of authority would be improper. To the extent this
section is inconsistent with RCW 11.96A.150, this section
controls the award of costs and attorneys’ fees in proceedings brought under RCW 11.94.090. [2001 c 203 § 6.]
11.94.130 Applicability of dispute resolution provisions to court petition. The provisions of chapter 11.96A
RCW, except for RCW 11.96A.260 through 11.96A.320, are
applicable to proceedings commenced by the filing of a
petition under RCW 11.94.090. [2001 c 203 § 7.]
11.94.140 Notice of hearing on court petition. (1)
The following persons are entitled to notice of hearing on
any petition under RCW 11.94.090:
(a) The principal;
(b) The principal’s spouse;
(c) The attorney in fact;
(d) The guardian of the estate or person of the principal;
(e) Any other person identified in the petition as being
interested in the action requested in the petition, or identified
by the court as having a right to notice of the hearing. If a
person would be excluded from bringing a petition under
RCW 11.94.100(2), then that person is not entitled to notice
of the hearing.
(2) Notwithstanding subsection (1) of this section, if the
whereabouts of the principal are unknown or the principal is
otherwise unavailable to receive notice, the court may waive
the requirement of notice to the principal, and if the
principal’s spouse is similarly unavailable to receive notice,
the court may waive the requirement of notice to the
principal’s spouse.
(3) Notice must be given as required under chapter
11.96A RCW, except that the parties entitled to notice shall
be determined under this section. [2001 c 203 § 8.]
11.94.900 Application of 1984 c 149 §§ 26-31 as of
January 1, 1985. Sections 26 through 31, chapter 149,
Laws of 1984 apply as of January 1, 1985, to all existing or
subsequently executed instruments but shall not apply to any
instrument the terms of which expressly or impliedly make
those sections inapplicable. [1985 c 30 § 140.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.95
POWERS OF APPOINTMENT
Sections
11.95.010
11.95.020
11.95.030
11.95.040
11.95.060
11.95.070
11.95.100
11.95.110
11.95.120
Releases.
Releases—Partial releases.
Releases—Delivery.
Releases—Effect of RCW 11.95.010 through 11.95.050 on
prior releases.
Exercise of powers of appointment.
Application of chapter—Application of 1984 c 149 to powers of appointment.
Exercise of power in favor of holder—Limitations.
Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of
removal.
Exercise of power in favor of holder—Income under marital
deduction—Spousal power of appointment.
(2002 Ed.)
Powers of Appointment
11.95.130 Exercise of power in favor of holder—Inference of law.
11.95.140 Exercise of power in favor of holder—Applicability.
11.95.150 Exercise of power in favor of holder—Cause of action.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.95.010 Releases. Any power exercisable by deed,
will, or otherwise, other than a power in trust which is
imperative, is releasable, either with or without consideration, by written instrument signed by the holder and delivered as hereinafter provided. [1985 c 30 § 31. Prior:
1984 c 149 § 33; 1955 c 160 § 1. Formerly RCW
64.24.010.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.020 Releases—Partial releases. A power
which is releasable may be released with respect to the
whole or any part of the property subject to the power and
may also be released in such manner as to reduce or limit
the persons or objects, or classes of persons or objects, in
whose favor the powers would otherwise be exercisable. A
release of a power shall not be deemed to make imperative
a power which was not imperative prior to the release,
unless the instrument of release expressly so provides.
[1985 c 30 § 32. Prior: 1984 c 149 § 34; 1955 c 160 § 2.
Formerly RCW 64.24.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.030 Releases—Delivery. (1) In order to be
effective as a release of a power, the instrument of release
must be delivered to any trustee or co-trustee of the property, and the person holding the property, to which the
power relates.
(2) In addition to the delivery required under subsection
(1) of this section, a copy of the instrument of release may
be published in a legal newspaper of general circulation in
the county in which all or the greatest portion of the property is located at least once within thirty days of the delivery
required under subsection (1) of this section, which shall
from the time of publication constitute notice of the release
to all other persons. [1995 c 91 § 1; 1985 c 30 § 33. Prior:
1984 c 149 § 35; 1955 c 160 § 3. Formerly RCW
64.24.030.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.040 Releases—Effect of RCW 11.95.010
through *11.95.050 on prior releases. The enactment of
RCW 11.95.010 through *11.95.050 shall not be construed
to impair the validity of any release heretofore made which
was otherwise valid when executed. [1985 c 30 § 34. Prior:
1984 c 149 § 36; 1955 c 160 § 4. Formerly RCW
64.24.040.]
*Reviser’s note: RCW 11.95.050 was repealed by 1995 c 91 § 2.
(2002 Ed.)
Chapter 11.95
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.060 Exercise of powers of appointment. (1)
The holder of a testamentary or lifetime power of appointment may exercise the power by appointing property outright
or in trust and may grant further powers to appoint. The
powerholder may designate the trustee, powers, situs, and
governing law for property appointed in trust.
(2) The holder of a testamentary power may exercise the
power only by the powerholder’s last will, signed before or
after the effective date of the instrument granting the power,
that manifests an intent to exercise the power. Unless the
person holding the property subject to the power has within
six months after the holder’s death received written notice
that the powerholder’s last will has been admitted to probate
or an adjudication of testacy has been entered with respect
to the powerholder’s last will in some jurisdiction, the person
may, until the time the notice is received, transfer the
property subject to appointment on the basis that the power
has not been effectively exercised. The person holding the
property shall not incur liability to anyone for transfers so
made if the person had no knowledge that the power had
been exercised and had made a reasonable effort to determine if the power had been exercised. A testamentary
residuary clause which does not manifest an intent to
exercise a power is not deemed the exercise of a testamentary power.
(3) The holder of a lifetime power of appointment shall
exercise that power only by delivering a written instrument,
signed by the holder, to the person holding the property
subject to the power. If the holder conditions the distribution of the appointed property on a future event, the written
instrument may be revoked in the same manner at any time
before the property becomes distributable upon occurrence
of the event specified, except that any contrary provisions in
the written instrument exercising the power, including
provisions stating the exercise of the power is irrevocable,
shall be controlling. If the written instrument is revoked, the
holder of the power may reappoint the property that was
appointed in the instrument. In the absence of signing and
delivery of such a written instrument, a lifetime power is not
deemed exercised.[1989 c 33 § 1; 1985 c 30 § 36. Prior:
1984 c 149 § 38.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.070 Application of chapter—Application of
1984 c 149 to powers of appointment. (1) This chapter
does not apply to any power as trustee described in and
subject to RCW 11.98.019.
(2) Sections 33 through 36, 38, and 39, chapter 149,
Laws of 1984 and the 1984 recodification of RCW
64.24.050 as *RCW 11.95.050 apply as of January 1, 1985,
to all existing or subsequently created powers of appointment, but not to any power of appointment that expressly or
by necessary implication make[s] those 1984 changes
inapplicable. [1985 c 30 § 37. Prior: 1984 c 149 § 39.]
[Title 11 RCW—page 95]
11.95.070
Title 11 RCW: Probate and Trust Law
*Reviser’s note: RCW 11.95.050 was repealed by 1995 c 91 § 2.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.95.100 Exercise of power in favor of holder—
Limitations. If the standard governing the exercise of a
lifetime or a testamentary power of appointment does not
clearly indicate that a broader or more restrictive power of
appointment is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her
health, education, support, or maintenance as described in
section 2041 or 2514 of the Internal Revenue Code and the
applicable regulations adopted under the section. [1993 c
339 § 7.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.95.110 Exercise of power in favor of holder—
Disregard of provision conferring absolute or similar
power—Power of removal. If the holder of a lifetime or
testamentary power of appointment may exercise the power
in his or her own favor only for his or her health, education,
support, or maintenance as described in section 2041 or 2514
of the Internal Revenue Code and the applicable regulations
adopted under that section, then a provision of the instrument
creating the power of appointment that purports to confer
"absolute," "sole," "complete," "conclusive," or a similar
discretion shall be disregarded in the exercise of that power
in favor of the holder, and that power may then only be
exercised reasonably and in accordance with the ascertainable standards set forth in RCW 11.95.100 and this section.
A person who has the right to remove or replace a trustee
does not possess nor may the person be deemed to possess,
by virtue of having that right, the power of the trustee who
is subject to removal or to replacement. [1993 c 339 § 8.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.95.120 Exercise of power in favor of holder—
Income under marital deduction—Spousal power of
appointment. Notwithstanding any provision of RCW
11.95.100 through 11.95.150 seemingly to the contrary,
RCW 11.95.100 through 11.95.150 do not limit or restrict
the distribution of income of a trust that qualifies or that
otherwise could have qualified for the marital deduction
under section 2056 or 2523 of the Internal Revenue Code,
those Internal Revenue Code sections requiring that all
income be distributed to the spouse of the decedent or of the
trustor at least annually, whether or not an election was in
fact made under section 2056(b)(7) or 2523(f) of the Internal
Revenue Code. Further, RCW 11.95.100 through 11.95.150
do not limit or restrict the power of a spouse of the trustor
or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the
Internal Revenue Code with respect to that portion of the
trust that could otherwise qualify for the marital deduction
under either of those Internal Revenue Code sections. [1993
c 339 § 9.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.95.130 Exercise of power in favor of holder—
Inference of law. RCW 11.95.100 through 11.95.150 do
not raise an inference that the law of this state prior to July
25, 1993, was different than contained in RCW 11.95.100
through 11.95.150. [1993 c 339 § 10.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.95.140 Exercise of power in favor of holder—
Applicability. (1)(a) RCW 11.95.100 and 11.95.110
respectively apply to a power of appointment created:
(i) Under a will, codicil, trust agreement, or declaration
of trust, deed, power of attorney, or other instrument
executed after July 25, 1993, unless the terms of the instrument refer specifically to RCW 11.95.100 or 11.95.110
respectively and provide expressly to the contrary; or
(ii) Under a testamentary trust, trust agreement, or
declaration of trust executed before July 25, 1993, unless:
(A) The trust is revoked, or amended to provide
otherwise, and the terms of any amendment specifically refer
to RCW 11.95.100 or 11.95.110, respectively, and provide
expressly to the contrary;
(B) All parties in interest, as defined in RCW
11.98.240(3), elect affirmatively, in the manner prescribed in
RCW 11.98.240(4), not to be subject to the application of
this subsection. The election must be made by the later of
September 1, 2000, or three years after the date on which the
trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a
declaration of rights or legal relations under RCW
11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent
with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, for the
purposes of this section a codicil to a will, an amendment to
a trust, or an amendment to another instrument that created
the power of appointment in question shall not be deemed to
cause that instrument to be executed after July 25, 1993,
unless the codicil or amendment clearly shows an intent to
have RCW 11.95.100 or 11.95.110 apply.
(2) Notwithstanding subsection (1) of this section, RCW
11.95.100 through 11.95.150 shall apply to a power of
appointment created under a will, codicil, trust agreement, or
declaration of trust, deed, power of attorney, or other instrument executed prior to July 25, 1993, if the person who
created the power of appointment had on July 25, 1993, the
power to revoke, amend, or modify the instrument creating
the power of appointment, unless:
(a) The terms of the instrument specifically refer to
RCW 11.95.100 or 11.95.110 respectively and provide
expressly to the contrary; or
(b) The person creating the power of appointment was
not competent, on July 25, 1993, to revoke, amend, or
modify the instrument creating the power of appointment and
did not regain his or her competence to revoke, amend, or
modify the instrument creating the power of appointment on
or before his or her death or before the time at which the
instrument could no longer be revoked, amended, or modified by the person. [1999 c 42 § 617; 1997 c 252 § 74;
1993 c 339 § 11.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
[Title 11 RCW—page 96]
(2002 Ed.)
Powers of Appointment
Severability—1993 c 339: See note following RCW 11.98.200.
11.95.150 Exercise of power in favor of holder—
Cause of action. RCW 11.95.100 through 11.95.140 neither
create a new cause of action nor impair an existing cause of
action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95.100 through
11.95.140 neither create a new cause of action nor impair an
existing cause of action that in either case relates to a power
proscribed, limited, or qualified under RCW 11.95.100
through 11.95.140. [1993 c 339 § 12.]
Severability—1993 c 339: See note following RCW 11.98.200.
Chapter 11.96A
TRUST AND ESTATE DISPUTE RESOLUTION
Sections
11.96A.010 Purpose.
11.96A.020 General power of courts—Intent—Plenary power of the
court.
11.96A.030 Definitions.
11.96A.040 Original jurisdiction in probate and trust matters—Powers of
court.
11.96A.050 Venue in proceedings involving probate or trust matters.
11.96A.060 Exercise of powers—Orders, writs, process, etc.
11.96A.070 Statutes of limitation.
11.96A.080 Persons entitled to judicial proceedings for declaration of
rights or legal relations.
11.96A.090 Judicial proceedings.
11.96A.100 Procedural rules.
11.96A.110 Notice in judicial proceedings under this title requiring notice.
11.96A.120 Application of doctrine of virtual representation.
11.96A.130 Special notice.
11.96A.140 Waiver of notice.
11.96A.150 Cost—Attorneys’ fees.
11.96A.160 Appointment of guardian ad litem.
11.96A.170 Trial by jury.
11.96A.180 Execution on judgments.
11.96A.190 Execution upon trust income or vested remainder—
Permitted, when.
11.96A.200 Appellate review.
11.96A.210 Purpose.
11.96A.220 Binding agreement.
11.96A.230 Entry of agreement with court—Effect.
11.96A.240 Judicial approval of agreement.
11.96A.250 Special representative.
11.96A.260 Findings—Intent.
11.96A.270 Intent—Parties can agree otherwise.
11.96A.280 Scope.
11.96A.290 Superior court—Venue.
11.96A.300 Mediation procedure.
11.96A.310 Arbitration procedure.
11.96A.320 Petition for order compelling compliance.
11.96A.900 Short title.
11.96A.901 Captions not law—1999 c 42.
11.96A.902 Effective date—1999 c 42.
11.96A.010 Purpose. The overall purpose of this
chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters
involving trusts and estates in a single chapter under Title 11
RCW. The provisions are intended to provide nonjudicial
methods for the resolution of matters, such as mediation,
arbitration, and agreement. The [This] chapter also provides
for judicial resolution of disputes if other methods are unsuccessful. [1999 c 42 § 102.]
(2002 Ed.)
11.95.140
11.96A.020 General power of courts—Intent—
Plenary power of the court. (1) It is the intent of the
legislature that the courts shall have full and ample power
and authority under this title to administer and settle:
(a) All matters concerning the estates and assets of
incapacitated, missing, and deceased persons, including
matters involving nonprobate assets and powers of attorney,
in accordance with this title; and
(b) All trusts and trust matters.
(2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters
listed in subsection (1) of this section, the court nevertheless
has full power and authority to proceed with such administration and settlement in any manner and way that to the
court seems right and proper, all to the end that the matters
be expeditiously administered and settled by the court.
[1999 c 42 § 103.]
11.96A.030 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Matter" includes any issue, question, or dispute
involving:
(a) The determination of any class of creditors, devisees,
legatees, heirs, next of kin, or other persons interested in an
estate, trust, nonprobate asset, or with respect to any other
asset or property interest passing at death;
(b) The direction of a personal representative or trustee
to do or to abstain from doing any act in a fiduciary capacity;
(c) The determination of any question arising in the
administration of an estate or trust, or with respect to any
nonprobate asset, or with respect to any other asset or
property interest passing at death, that may include, without
limitation, questions relating to: (i) The construction of
wills, trusts, community property agreements, and other
writings; (ii) a change of personal representative or trustee;
(iii) a change of the situs of a trust; (iv) an accounting from
a personal representative or trustee; or (v) the determination
of fees for a personal representative or trustee;
(d) The grant to a personal representative or trustee of
any necessary or desirable power not otherwise granted in
the governing instrument or given by law;
(e) The amendment, reformation, or conformation of a
will or a trust instrument to comply with statutes and
regulations of the United States internal revenue service in
order to achieve qualification for deductions, elections, and
other tax requirements, including the qualification of any gift
thereunder for the benefit of a surviving spouse who is not
a citizen of the United States for the estate tax marital
deduction permitted by federal law, including the addition of
mandatory governing instrument requirements for a qualified
domestic trust under section 2056A of the internal revenue
code, the qualification of any gift thereunder as a qualified
conservation easement as permitted by federal law, or the
qualification of any gift for the charitable estate tax deduction permitted by federal law, including the addition of
mandatory governing instrument requirements for a charitable remainder trust; and
[Title 11 RCW—page 97]
11.96A.030
Title 11 RCW: Probate and Trust Law
(f) With respect to any nonprobate asset, or with respect
to any other asset or property interest passing at death,
including joint tenancy property, property subject to a
community property agreement, or assets subject to a pay on
death or transfer on death designation:
(i) The ascertaining of any class of creditors or others
for purposes of chapter 11.18 or 11.42 RCW;
(ii) The ordering of a qualified person, the notice agent,
or resident agent, as those terms are defined in chapter 11.42
RCW, or any combination of them, to do or abstain from
doing any particular act with respect to a nonprobate asset;
(iii) The ordering of a custodian of any of the
decedent’s records relating to a nonprobate asset to do or
abstain from doing any particular act with respect to those
records;
(iv) The determination of any question arising in the
administration under chapter 11.18 or 11.42 RCW of a
nonprobate asset;
(v) The determination of any questions relating to the
abatement, rights of creditors, or other matter relating to the
administration, settlement, or final disposition of a
nonprobate asset under this title;
(vi) The resolution of any matter referencing this
chapter, including a determination of any questions relating
to the ownership or distribution of an individual retirement
account on the death of the spouse of the account holder as
contemplated by RCW 6.15.020(6);
(vii) The resolution of any other matter that could affect
the nonprobate asset.
(2) "Notice agent" has the meanings given in RCW
11.42.010.
(3) "Nonprobate assets" has the meaning given in RCW
11.02.005.
(4) "Party" or "parties" means each of the following
persons who has an interest in the subject of the particular
proceeding and whose name and address are known to, or
are reasonably ascertainable by, the petitioner:
(a) The trustor if living;
(b) The trustee;
(c) The personal representative;
(d) An heir;
(e) A beneficiary, including devisees, legatees, and trust
beneficiaries;
(f) The surviving spouse of a decedent with respect to
his or her interest in the decedent’s property;
(g) A guardian ad litem;
(h) A creditor;
(i) Any other person who has an interest in the subject
of the particular proceeding;
(j) The attorney general if required under RCW
11.110.120;
(k) Any duly appointed and acting legal representative
of a party such as a guardian, special representative, or
attorney in fact;
(l) Where applicable, the virtual representative of any
person described in this subsection the giving of notice to
whom would meet notice requirements as provided in RCW
11.96A.120;
(m) Any notice agent, resident agent, or a qualified
person, as those terms are defined in chapter 11.42 RCW;
and
[Title 11 RCW—page 98]
(n) The owner or the personal representative of the
estate of the deceased owner of the nonprobate asset that is
the subject of the particular proceeding, if the subject of the
particular proceeding relates to the beneficiary’s liability to
a decedent’s estate or creditors under RCW 11.18.200.
(5) "Persons interested in the estate or trust" means the
trustor, if living, all persons beneficially interested in the
estate or trust, persons holding powers over the trust or
estate assets, the attorney general in the case of any charitable trust where the attorney general would be a necessary
party to judicial proceedings concerning the trust, and any
personal representative or trustee of the estate or trust.
(6) "Principal place of administration of the trust" means
the trustee’s usual place of business where the day-to-day
records pertaining to the trust are kept, or the trustee’s
residence if the trustee has no such place of business.
(7) The "situs" of a trust means the place where the
principal place of administration of the trust is located,
unless otherwise provided in the instrument creating the
trust.
(8) "Trustee" means any acting and qualified trustee of
the trust.
(9) "Representative" and other similar terms refer to a
person who virtually represents another under RCW
11.96A.120. [2002 c 66 § 2; 1999 c 42 § 104.]
11.96A.040 Original jurisdiction in probate and
trust matters—Powers of court. (1) The superior court of
every county has original subject matter jurisdiction over the
probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances,
including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the
state.
(2) The superior court of every county has original
subject matter jurisdiction over trusts and all matters relating
to trusts.
(3) The superior courts may: Probate or refuse to
probate wills, appoint personal representatives, administer
and settle the affairs and the estates of incapacitated,
missing, or deceased individuals including but not limited to
decedents’ nonprobate assets; administer and settle matters
that relate to nonprobate assets and arise under chapter 11.18
or 11.42 RCW; administer and settle all matters relating to
trusts; administer and settle matters that relate to powers of
attorney; award processes and cause to come before them all
persons whom the courts deem it necessary to examine;
order and cause to be issued all such writs and any other
orders as are proper or necessary; and do all other things
proper or incident to the exercise of jurisdiction under this
section.
(4) The subject matter jurisdiction of the superior court
applies without regard to venue. A proceeding or action by
or before a superior court is not defective or invalid because
of the selected venue if the court has jurisdiction of the
subject matter of the action. [2001 c 203 § 9; 1999 c 42 §
201.]
(2002 Ed.)
Trust and Estate Dispute Resolution
11.96A.050 Venue in proceedings involving probate
or trust matters. (1) Venue for proceedings pertaining to
trusts shall be:
(a) For testamentary trusts established under wills
probated in the state of Washington, in the superior court of
the county where letters testamentary were granted to a
personal representative of the estate subject to the will or, in
the alternative, the superior court of the county of the situs
of the trust; and
(b) For all other trusts, in the superior court of the
county in which the situs of the trust is located, or, if the
situs is not located in the state of Washington, in any county.
(2) Venue for proceedings subject to chapter 11.88 or
11.92 RCW shall be determined under the provisions of
those chapters.
(3) Venue for proceedings pertaining to the probate of
wills, the administration and disposition of a decedent’s
property, including nonprobate assets, and any other matter
not identified in subsection (1) or (2) of this section, may be
in any county in the state of Washington. A party to a
proceeding may request that venue be changed if the request
is made within four months of the mailing of the notice of
appointment and pendency of probate required by RCW
11.28.237, and except for good cause shown, venue must be
moved as follows:
(a) If the decedent was a resident of the state of
Washington at the time of death, to the county of the
decedent’s residence; or
(b) If the decedent was not a resident of the state of
Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate
might be;
(ii) If there are no probate assets, any county where any
nonprobate asset might be; or
(iii) The county in which the decedent died.
(4) Once letters testamentary or of administration have
been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title shall be
had or made in the county in which such letters have been
granted unless venue is moved as provided in subsection (2)
of this section.
(5) Venue for proceedings pertaining to powers of
attorney shall be in the superior court of the county of the
principal’s residence, except for good cause shown.
(6) If venue is moved, an action taken before venue is
changed is not invalid because of the venue.
(7) Any request to change venue that is made more than
four months after the commencement of the action may be
granted in the discretion of the court. [2001 c 203 § 10;
1999 c 42 § 202.]
11.96A.060 Exercise of powers—Orders, writs,
process, etc. The court may make, issue, and cause to be
filed or served, any and all manner and kinds of orders,
judgments, citations, notices, summons, and other writs and
processes that might be considered proper or necessary in the
exercise of the jurisdiction or powers given or intended to be
given by this title. [1999 c 42 § 203.]
11.96A.070 Statutes of limitation. (1)(a) An action
against the trustee of an express trust for a breach of
(2002 Ed.)
11.96A.050
fiduciary duty must be brought within three years from the
earlier of: (i) The time the alleged breach was discovered or
reasonably should have been discovered; (ii) the discharge of
a trustee from the trust as provided in RCW 11.98.041 or by
agreement of the parties under RCW 11.96A.220; or (iii) the
time of termination of the trust or the trustee’s repudiation
of the trust.
(b) The provisions of (a) of this subsection apply to all
express trusts, no matter when created, however it shall not
apply to express trusts created before June 10, 1959, until
the date that is three years after January 1, 2000.
(c) For purposes of this section, "express trust" does not
include resulting trusts, constructive trusts, business trusts in
which certificates of beneficial interest are issued to the
beneficiary, investment trusts, voting trusts, trusts in the
nature of mortgages or pledges, trusts created by the judgment or decree of a court not sitting in probate, liquidation
trusts, or trusts for the sole purpose of paying dividends,
interest, interest coupons, salaries, wages, pensions, or
profits, trusts created in deposits in any financial institution
under chapter 30.22 RCW, unless any such trust that is
created in writing specifically incorporates this chapter in
whole or in part.
(2) Except as provided in RCW 11.96A.250 with respect
to special representatives, an action against a personal
representative for alleged breach of fiduciary duty by an
heir, legatee, or other interested party must be brought before
discharge of the personal representative.
(3) The legislature hereby confirms the long standing
public policy of promoting the prompt and efficient resolution of matters involving trusts and estates. To further
implement this policy, the legislature adopts the following
statutory provisions in order to: (a) Encourage and facilitate
the participation of qualified individuals as special representatives; (b) serve the public’s interest in having a prompt and
efficient resolution of matters involving trusts or estates; and
(c) promote complete and final resolution of proceedings
involving trusts and estates.
(i) Actions against a special representative must be
brought before the earlier of:
(A) Three years from the discharge of the special
representative as provided in RCW 11.96A.250; or
(B) The entry of an order by a court of competent
jurisdiction under RCW 11.96A.240 approving the written
agreement executed by all interested parties in accord with
the provisions of RCW 11.96A.220.
(ii) If a legal action is commenced against the special
representative after the expiration of the period during which
claims may be brought against the special representative as
provided in (c)(i) of this subsection, alleging property
damage, property loss, or other civil liability caused by or
resulting from an alleged act or omission of the special
representative arising out of or by reason of the special
representative’s duties or actions as special representative,
the special representative shall be indemnified: (A) From
the assets held in the trust or comprising the estate involved
in the dispute; and (B) by the persons bringing the legal
action, for all expenses, attorneys’ fees, judgments, settlements, decrees, or amounts due and owing or paid in
satisfaction of or incurred in the defense of the legal action.
To the extent possible, indemnification must be made first
by the persons bringing the legal action, second from that
[Title 11 RCW—page 99]
11.96A.070
Title 11 RCW: Probate and Trust Law
portion of the trust or estate that is held for the benefit of, or
has been distributed or applied to, the persons bringing the
legal action, and third from the other assets held in the trust
or comprising the estate involved in the dispute.
(4) The tolling provisions of RCW 4.16.190 apply to
this chapter except that the running of a statute of limitations
under subsection (1) or (2) of this section, or any other
applicable statute of limitations for any matter that is the
subject of dispute under this chapter, is not tolled as to an
individual who had a guardian ad litem, limited or general
guardian of the estate, or a special representative to represent
the person during the probate or dispute resolution proceeding. [1999 c 42 § 204.]
(2) A summons must be served in accordance with this
chapter and, where not inconsistent with these rules, the
procedural rules of court, however, if the proceeding is
commenced as an action incidental to an existing judicial
proceeding relating to the same trust or estate or nonprobate
asset, notice must be provided by summons only with
respect to those parties who were not already parties to the
existing judicial proceedings;
(3) The summons need only contain the following
language or substantially similar language:
SUPERIOR COURT OF WASHINGTON
FOR (. . .) COUNTY
IN RE . . . . . .
11.96A.080 Persons entitled to judicial proceedings
for declaration of rights or legal relations. (1) Subject to
the provisions of RCW 11.96A.260 through 11.96A.320, any
party may have a judicial proceeding for the declaration of
rights or legal relations with respect to any matter, as
defined by RCW 11.96A.030; the resolution of any other
case or controversy that arises under the Revised Code of
Washington and references judicial proceedings under this
title; or the determination of the persons entitled to notice
under RCW 11.96A.110 or 11.96A.120.
(2) The provisions of this chapter apply to disputes
arising in connection with estates of incapacitated persons
unless otherwise covered by chapters 11.88 and 11.92 RCW.
The provisions of this chapter shall not supersede, but shall
supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation
those contained in chapter 11.20, 11.24, 11.28, 11.40, 11.42,
or 11.56 RCW. The provisions of this chapter shall not
apply to actions for wrongful death under chapter 4.20
RCW. [1999 c 42 § 301.]
11.96A.090 Judicial proceedings. (1) A judicial
proceeding under this title is a special proceeding under the
civil rules of court. The provisions of this title governing
such actions control over any inconsistent provision of the
civil rules.
(2) A judicial proceeding under this title may be
commenced as a new action or as an action incidental to an
existing judicial proceeding relating to the same trust or
estate or nonprobate asset.
(3) Once commenced, the action may be consolidated
with an existing proceeding or converted to a separate action
upon the motion of a party for good cause shown, or by the
court on its own motion.
(4) The procedural rules of court apply to judicial
proceedings under this title only to the extent that they are
consistent with this title, unless otherwise provided by statute
or ordered by the court under RCW 11.96A.020 or
11.96A.050, or other applicable rules of court. [1999 c 42
§ 302.]
11.96A.100 Procedural rules. Unless rules of court
require or this title provides otherwise, or unless a court
orders otherwise:
(1) A judicial proceeding under RCW 11.96A.090 is to
be commenced by filing a petition with the court;
[Title 11 RCW—page 100]
)
)
)
)
No. . . .
Summons
TO THE RESPONDENT OR OTHER INTERESTED
PARTY: A petition has been filed in the superior court of
Washington for (. . .) County. Petitioner’s claim is stated in
the petition, a copy of which is served upon you with this
summons.
In order to defend against or to object to the petition, you
must answer the petition by stating your defense or objections in writing, and by serving your answer upon the person
signing this summons not later than five days before the date
of the hearing on the petition. Your failure to answer within
this time limit might result in a default judgment being
entered against you without further notice. A default
judgment grants the petitioner all that the petitioner seeks
under the petition because you have not filed an answer.
If you wish to seek the advice of a lawyer, you should do so
promptly so that your written answer, if any, may be served
on time.
This summons is issued under RCW 11.96A.100(3).
(Signed) . . . . . . . . . . . .
Print or Type Name
Dated: . . . . . .
Telephone Number: . . . . . .
(4) Subject to other applicable statutes and court rules,
the clerk of each of the superior courts shall fix the time for
any hearing on a matter on application by a party, and no
order of the court shall be required to fix the time or to
approve the form or content of the notice of a hearing;
(5) The answer to the petition and any counterclaims or
cross-claims must be served on the parties or the parties’
virtual representatives and filed with the court at least five
days before the date of the hearing, and all replies to the
counterclaims and cross-claims must be served on the parties
or the parties’ virtual representatives and filed with the court
at least two days before the date of the hearing;
(6) Proceedings under this chapter are subject to the
mediation and arbitration provisions of this chapter. Except
as specifically provided in RCW 11.96A.310, the provisions
of chapter 7.06 RCW do not apply;
(7) Testimony of witnesses may be by affidavit;
(2002 Ed.)
Trust and Estate Dispute Resolution
(8) Unless requested otherwise by a party in a petition
or answer, the initial hearing must be a hearing on the merits
to resolve all issues of fact and all issues of law;
(9) Any party may move the court for an order relating
to a procedural matter, including discovery, and for summary
judgment, in the original petition, answer, response, or reply,
or in a separate motion, or at any other time; and
(10) If the initial hearing is not a hearing on the merits
or does not result in a resolution of all issues of fact and all
issues of law, the court may enter any order it deems
appropriate, which order may (a) resolve such issues as it
deems proper, (b) determine the scope of discovery, and (c)
set a schedule for further proceedings for the prompt
resolution of the matter. [2001 c 14 § 1; 1999 c 42 § 303.]
11.96A.110 Notice in judicial proceedings under this
title requiring notice. (1) Subject to RCW 11.96A.160, in
all judicial proceedings under this title that require notice,
the notice must be personally served on or mailed to all
parties or the parties’ virtual representatives at least twenty
days before the hearing on the petition unless a different
period is provided by statute or ordered by the court. The
date of service shall be determined under the rules of civil
procedure.
(2) Proof of the service or mailing required in this
section must be made by affidavit or declaration filed at or
before the hearing. [1999 c 42 § 304.]
11.96A.120 Application of doctrine of virtual
representation. (1) This section is intended to adopt the
common law concept of virtual representation. This section
supplements the common law relating to the doctrine of
virtual representation and shall not be construed as limiting
the application of that common law doctrine.
(2) Any notice requirement in this title is satisfied if
notice is given as follows:
(a) Where an interest in an estate, trust, or nonprobate
asset or an interest that may be affected by a power of
attorney has been given to persons who comprise a certain
class upon the happening of a certain event, notice may be
given to the living persons who would constitute the class if
the event had happened immediately before the commencement of the proceeding requiring notice, and the persons
shall virtually represent all other members of the class;
(b) Where an interest in an estate, trust, or nonprobate
asset or an interest that may be affected by a power of
attorney has been given to a living person, and the same
interest, or a share in it, is to pass to the surviving spouse or
to persons who are, or might be, the distributees, heirs, issue,
or other kindred of that living person upon the happening of
a future event, notice may be given to that living person, and
the living person shall virtually represent the surviving
spouse, distributees, heirs, issue, or other kindred of the
person; and
(c) Except as otherwise provided in this subsection,
where an interest in an estate, trust, or nonprobate asset or
an interest that may be affected by a power of attorney has
been given to a person or a class of persons, or both, upon
the happening of any future event, and the same interest or
a share of the interest is to pass to another person or class of
persons, or both, upon the happening of an additional future
(2002 Ed.)
11.96A.100
event, notice may be given to the living person or persons
who would take the interest upon the happening of the first
event, and the living person or persons shall virtually
represent the persons and classes of persons who might take
on the happening of the additional future event.
(3) A party is not virtually represented by a person
receiving notice if a conflict of interest involving the matter
is known to exist between the notified person and the party.
(4) An action taken by the court is conclusive and
binding upon each person receiving actual or constructive
notice or who is otherwise virtually represented. [2001 c
203 § 11; 1999 c 42 § 305.]
11.96A.130 Special notice. Nothing in this chapter
eliminates the requirement to give notice to a person who
has requested special notice under RCW 11.28.240 or
11.92.150. [1999 c 42 § 306.]
11.96A.140 Waiver of notice. Notwithstanding any
other provision of this title, notice of a hearing does not need
to be given to a legally competent person who has waived in
writing notice of the hearing in person or by attorney, or
who has appeared at the hearing without objecting to the
lack of proper notice or personal jurisdiction. The waiver of
notice may apply either to a specific hearing or to any and
all hearings and proceedings to be held, in which event the
waiver of notice is of continuing effect unless subsequently
revoked by the filing of a written notice of revocation of the
waiver and the mailing of a copy of the notice of revocation
of the waiver to the other parties. Unless notice of a hearing
is required to be given by publication, if all persons entitled
to notice of the hearing waive the notice or appear at the
hearing without objecting to the lack of proper notice or
personal jurisdiction, the court may hear the matter immediately. A guardian of the estate or a guardian ad litem may
make the waivers on behalf of the incapacitated person, and
a trustee may make the waivers on behalf of any competent
or incapacitated beneficiary of the trust. A consul or other
representative of a foreign government, whose appearance
has been entered as provided by law on behalf of any person
residing in a foreign country, may make the waiver of notice
on behalf of the person. [1999 c 42 § 307.]
11.96A.150 Cost—Attorneys’ fees. (1) Either the
superior court or the court on appeal may, in its discretion,
order costs, including reasonable attorneys’ fees, to be
awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the
proceedings; or (c) from any nonprobate asset that is the
subject of the proceedings. The court may order the costs to
be paid in such amount and in such manner as the court
determines to be equitable.
(2) This section applies to all proceedings governed by
this title, including but not limited to proceedings involving
trusts, decedent’s estates and properties, and guardianship
matters. This section shall not be construed as being limited
by any other specific statutory provision providing for the
payment of costs, including RCW 11.68.070 and 11.24.050,
unless such statute specifically provides otherwise. This
statute [section] shall apply to matters involving guardians
and guardians ad litem and shall not be limited or controlled
[Title 11 RCW—page 101]
11.96A.150
Title 11 RCW: Probate and Trust Law
by the provisions of *RCW 11.88.090(9). [1999 c 42 §
308.]
*Reviser’s note: RCW 11.88.090 was amended by 1999 c 360 § 1,
changing subsection (9) to subsection (10).
11.96A.160 Appointment of guardian ad litem. (1)
The court, upon its own motion or upon request of one or
more of the parties, at any stage of a judicial proceeding or
at any time in a nonjudicial resolution procedure, may
appoint a guardian ad litem to represent the interests of a
minor, incapacitated, unborn, or unascertained person, person
whose identity or address is unknown, or a designated class
of persons who are not ascertained or are not in being. If
not precluded by a conflict of interest, a guardian ad litem
may be appointed to represent several persons or interests.
(2) The court-appointed guardian ad litem supersedes
the special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an
ex parte hearing, or the court may order a hearing as
provided in RCW 11.96A.090 with notice as provided in this
section and RCW 11.96A.110.
(4) The guardian ad litem is entitled to reasonable
compensation for services. Such compensation is to be paid
from the principal of the estate or trust whose beneficiaries
are represented. [1999 c 42 § 309.]
11.96A.170 Trial by jury. If a party is entitled to a
trial by jury and a jury is demanded, and the issues are not
sufficiently made up by the written pleadings on file, the
court, on due notice, shall settle and frame the issues to be
tried. If a jury is not demanded, the court shall try the
issues, and sign and file its findings and decision in writing,
as provided for in civil actions. [1999 c 42 § 310.]
11.96A.180 Execution on judgments. Judgment on
the issues, as well as for costs, may be entered and enforced
by execution or otherwise by the court as in civil actions.
[1999 c 42 § 311.]
11.96A.190 Execution upon trust income or vested
remainder—Permitted, when. Nothing in RCW 6.32.250
shall forbid execution upon the income of any trust created
by a person other than the judgment debtor for debt arising
through the furnishing of the necessities of life to the
beneficiary of such trust; or as to such income forbid the
enforcement of any order of the superior court requiring the
payment of support for the children under the age of
eighteen of any beneficiary; or forbid the enforcement of any
order of the superior court subjecting the vested remainder
of any such trust upon its expiration to execution for the
debts of the remainderman. [1999 c 42 § 312.]
11.96A.200 Appellate review. An interested party
may seek appellate review of a final order, judgment, or
decree of the court respecting a judicial proceeding under
this title. The review must be done in the manner and way
provided by law for appeals in civil actions. [1999 c 42 §
313.]
[Title 11 RCW—page 102]
11.96A.210 Purpose. The purpose of RCW
11.96A.220 through 11.96A.250 is to provide a binding
nonjudicial procedure to resolve matters through written
agreements among the parties interested in the estate or trust.
The procedure is supplemental to, and may not derogate
from, any other proceeding or provision authorized by statute
or the common law. [1999 c 42 § 401.]
11.96A.220 Binding agreement. RCW 11.96A.210
through 11.96A.250 shall be applicable to the resolution of
any matter, as defined by RCW 11.96A.030, other than
matters subject to chapter 11.88 or 11.92 RCW, or a trust for
a minor or other incapacitated person created at its inception
by the judgment or decree of a court unless the judgment or
decree provides that RCW 11.96A.210 through 11.96A.250
shall be applicable. If all parties agree to a resolution of any
such matter, then the agreement shall be evidenced by a
written agreement signed by all parties. Subject to the
provisions of RCW 11.96A.240, the written agreement shall
be binding and conclusive on all persons interested in the
estate or trust. The agreement shall identify the subject
matter of the dispute and the parties. If the agreement or a
memorandum of the agreement is to be filed with the court
under RCW 11.96A.230, the agreement may, but need not,
include provisions specifically addressing jurisdiction,
governing law, the waiver of notice of the filing as provided
in RCW 11.96A.230, and the discharge of any special
representative who has acted with respect to the agreement.
If a party who virtually represents another under RCW
11.96A.120 signs the agreement, then the party’s signature
constitutes the signature of all persons whom the party
virtually represents, and all the virtually represented persons
shall be bound by the agreement. [1999 c 42 § 402.]
11.96A.230 Entry of agreement with court—Effect.
(1) Any party, or a party’s legal representative, may file the
written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the
estate or trust. The agreement or a memorandum of its
terms may be filed within thirty days of the agreement’s
execution by all parties only with the written consent of the
special representative. The agreement or a memorandum of
its terms may be filed after a special representative has
commenced a proceeding under RCW 11.96A.240 only after
the court has determined that the special representative has
adequately represented and protected the parties represented.
Failure to complete any action authorized or required under
this subsection does not cause the written agreement to be
ineffective and the agreement is nonetheless binding and
conclusive on all persons interested in the estate or trust.
(2) On filing the agreement or memorandum, the
agreement will be deemed approved by the court and is
equivalent to a final court order binding on all persons
interested in the estate or trust. [2001 c 14 § 2; 1999 c 42
§ 403.]
11.96A.240 Judicial approval of agreement. Within
thirty days of execution of the agreement by all parties, the
special representative may note a hearing for presentation of
the written agreement to a court of competent jurisdiction.
The special representative shall provide notice of the time
(2002 Ed.)
Trust and Estate Dispute Resolution
and date of the hearing to each party to the agreement whose
address is known, unless such notice has been waived.
Proof of mailing or delivery of the notice must be filed with
the court. At such hearing the court shall review the
agreement on behalf of the parties represented by the special
representative. The court shall determine whether or not the
interests of the represented parties have been adequately
represented and protected, and an order declaring the court’s
determination shall be entered. If the court determines that
such interests have not been adequately represented and
protected, the agreement shall be declared of no effect.
[1999 c 42 § 404.]
11.96A.250 Special representative. (1)(a) The
personal representative or trustee may petition the court
having jurisdiction over the matter for the appointment of a
special representative to represent a person who is interested
in the estate or trust and: (i) Who is a minor; (ii) who is
incompetent or disabled; (iii) who is yet unborn or unascertained; or (iv) whose identity or address is unknown. The
petition may be heard by the court without notice.
(b) In appointing the special representative the court
shall give due consideration and deference to any nomination(s) made in the petition, the special skills required in the
representation, and the need for a representative who will act
independently and prudently. The nomination of a person as
special representative by the personal representative or
trustee and the person’s willingness to serve as special
representative are not grounds by themselves for finding a
lack of independence, however, the court may consider any
interests that the nominating fiduciary may have in the estate
or trust in making the determination.
(c) The special representative may enter into a binding
agreement on behalf of the person or beneficiary. The
special representative may be appointed for more than one
person or class of persons if the interests of such persons or
class are not in conflict. The petition shall be verified. The
petition and order appointing the special representative may
be in the following form:
CAPTION
OF CASE
PETITION FOR APPOINTMENT
OF SPECIAL REPRESENTATIVE
UNDER RCW 11.96A.250
The undersigned petitioner petitions the court for the appointment of a special representative in accordance with
RCW 11.96A.250 and shows the court as follows:
1. Petitioner. Petitioner . . . is the qualified and presently acting (personal representative) (trustee) of the above
(estate) (trust) having been named (personal representative)
(trustee) under (describe will and reference probate order or
describe trust instrument).
2. Issue Concerning (Estate) (Trust) Administration. A
question concerning administration of the (estate) (trust) has
arisen as to (describe issue, for example: Related to interpretation, construction, administration, distribution). The
issues are appropriate for determination under RCW
11.96A.250.
3. Beneficiaries. The beneficiaries of the (estate) (trust)
include persons who are unborn, unknown, or unascertained
persons, or who are under eighteen years of age.
(2002 Ed.)
11.96A.240
4. Special Representative. The nominated special
representative . . . is a lawyer licensed to practice before the
courts of this state or an individual with special skill or
training in the administration of estates or trusts. The
nominated special representative does not have an interest in
the affected estate or trust and is not related to any person
interested in the estate or trust. The nominated special
representative is willing to serve. The petitioner has no
reason to believe that the nominated special representative
will not act in an independent and prudent manner and in the
best interests of the represented parties. (It is recommended
that the petitioner also include information specifying the
particular skills of the nominated special representative that
relate to the matter in issue.)
5. Resolution. Petitioner desires to achieve a resolution
of the questions that have arisen concerning the (estate)
(trust). Petitioner believes that proceeding in accordance
with the procedures permitted under RCW 11.96A.210
through 11.96A.250 would be in the best interests of the
(estate) (trust) and the beneficiaries.
6. Request of Court. Petitioner requests that . . ., . . . an
attorney licensed to practice in the State of Washington.
(OR)
. . . . an individual with special skill or training in the
administration of estates or trusts
be appointed special representative for those beneficiaries
who are not yet adults, as well as for the unborn, unknown,
and unascertained beneficiaries, as provided under RCW
11.96A.250.
DATED this . . . day of . . . . ., . . . .
...............
(Petitioner or petitioner’s
legal representative)
VERIFICATION
I certify under penalty of perjury under the laws of the
state of Washington that the foregoing is true and correct.
DATED . . . . . ., 2000, at . . . . . ., Washington.
.........
(Petitioner or other person
having knowledge)
CAPTION
OF CASE
ORDER FOR APPOINTMENT
OF SPECIAL REPRESENTATIVE
THIS MATTER having come on for hearing before this
Court on Petition for Appointment of Special Representative
filed herein, and it appearing that it would be in the best
interests of the (estate) (trust) described in the Petition to
appoint a special representative to address the issues that
have arisen concerning the (estate) (trust) and the Court
finding that the facts stated in the Petition are true, now,
therefore,
IT IS ORDERED that . . . is appointed under RCW
11.96A.250 as special representative for the (estate) (trust)
[Title 11 RCW—page 103]
11.96A.250
Title 11 RCW: Probate and Trust Law
beneficiaries who are not yet adult age, and for unborn,
unknown, or unascertained beneficiaries to represent their
respective interests in the (estate) (trust) as provided in RCW
11.96A.250. The special representative shall be discharged
of responsibility with respect to the (estate) (trust) at such
time as a written agreement is executed resolving the present
issues, all as provided in that statute, or if an agreement is
not reached within six months from entry of this Order, the
special representative appointed under this Order shall be
discharged of responsibility, subject to subsequent reappointment under RCW 11.96A.250.
DONE IN OPEN COURT this . . . day of . . . . ., . . . .
.................
JUDGE/COURT COMMISSIONER
(2) Upon appointment by the court, the special representative shall file a certification made under penalty of perjury
in accordance with RCW 9A.72.085 that he or she (a) is not
interested in the estate or trust; (b) is not related to any
person interested in the estate or trust; (c) is willing to serve;
and (d) will act independently, prudently, and in the best
interests of the represented parties.
(3) The special representative must be a lawyer licensed
to practice before the courts of this state or an individual
with special skill or training in the administration of estates
or trusts. The special representative may not have an
interest in the affected estate or trust, and may not be related
to a person interested in the estate or trust. The special
representative is entitled to reasonable compensation for
services that must be paid from the principal of the estate or
trust whose beneficiaries are represented.
(4) The special representative shall be discharged from
any responsibility and shall have no further duties with
respect to the estate or trust or with respect to any person
interested in the estate or trust, on the earlier of: (a) The
expiration of six months from the date the special representative was appointed unless the order appointing the special
representative provides otherwise, or (b) the execution of the
written agreement by all parties or their virtual representatives. Any action against a special representative must be
brought within the time limits provided by RCW
11.96A.070(3)(c)(i). [2001 c 14 § 3; 1999 c 42 § 405.]
Retroactive application—1999 c 42 § 405: "Section 405 of this act
is remedial in nature and applies to all actions taken by special representatives from January 1, 1985, and thereafter." [1999 c 42 § 704.]
11.96A.260 Findings—Intent. The legislature finds
that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of
disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by
means other than litigation. The legislature also finds that
the former chapter providing for the nonjudicial resolution of
trust, estate, and nonprobate disputes, *chapter 11.96 RCW,
has resulted in the successful resolution of thousands of
disputes since 1984. The nonjudicial procedure has resulted
in substantial savings of public funds by removing those
disputes from the court system. Enhancement of the
statutory framework supporting the nonjudicial process in
*chapter 11.96 RCW would be beneficial and would foster
even greater use of nonjudicial dispute methods to resolve
[Title 11 RCW—page 104]
trust, estate, and nonprobate disputes. The legislature further
finds that it would be beneficial to allow parties to disputes
involving trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using mediators and arbitrators experienced in trust,
estate, and nonprobate matters. Finally, the legislature also
believes it would be beneficial to parties with disputes in
trusts, estates, and nonprobate matters to clarify and streamline the statutory framework governing the procedures
governing these cases in the court system.
Therefore, the legislature adopts RCW 11.96A.270
through 11.96A.320, that enhance *chapter 11.96 RCW and
allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to
the courts. RCW 11.96A.270 through 11.96A.320 also set
forth specific civil procedures for handling trust and estate
disputes in the court system. It is intended that the adoption
of RCW 11.96A.270 through 11.96A.320 will encourage and
direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious,
complete, and final decisions to be made in disputed trust,
estate, and nonprobate matters. [1999 c 42 § 501.]
*Reviser’s note: Chapter 11.96 RCW was repealed by 1999 c 42 §
637, effective January 1, 2000.
11.96A.270 Intent—Parties can agree otherwise.
The intent of RCW 11.96A.260 through 11.96A.320 is to
provide for the efficient settlement of disputes in trust,
estate, and nonprobate matters through mediation and
arbitration by providing any party the right to proceed first
with mediation and then arbitration before formal judicial
procedures may be utilized. Accordingly, any of the
requirements or rights under RCW 11.96A.260 through
11.96A.320 are subject to any contrary agreement between
the parties or the parties’ virtual representatives. [1999 c 42
§ 502.]
11.96A.280 Scope. A party may cause the matter to
be presented for mediation and then arbitration, as provided
under RCW 11.96A.260 through 11.96A.320. If a party
causes the matter to be presented for resolution under RCW
11.96A.260 through 11.96A.320, then judicial resolution of
the matter, as provided in RCW 11.96A.060 or by any other
civil action, is available only by complying with the mediation and arbitration provisions of RCW 11.96A.260 through
11.96A.320. [1999 c 42 § 503.]
11.96A.290 Superior court—Venue. As used in
RCW 11.96A.260 through 11.96A.320, "superior court"
means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to the matter
as provided in RCW 11.96A.040; and (2) if legal proceedings have been commenced with respect to the matter, the
superior court in which the proceedings are pending. [1999
c 42 § 504.]
11.96A.300 Mediation procedure. (1) Notice of
mediation. A party may cause the matter to be subject to
mediation by service of written notice of mediation on all
parties or the parties’ virtual representatives as follows:
(2002 Ed.)
Trust and Estate Dispute Resolution
(a) If no hearing has been set. If no hearing on the
matter has been set, by serving notice in substantially the
following form before any petition setting a hearing on the
matter is filed with the court:
NOTICE OF MEDIATION UNDER RCW 11.96A.300
To: (Parties)
Notice is hereby given that the following matter shall be
resolved by mediation under RCW 11.96A.300:
(State nature of matter)
This matter must be resolved using the mediation procedures
of RCW 11.96A.300 unless a petition objecting to mediation
is filed with the superior court within twenty days of service
of this notice. If a petition objecting to mediation is not
filed within the twenty-day period, RCW 11.96A.300(4)
requires you to furnish to all other parties or their virtual
representatives a list of acceptable mediators within thirty
days of your receipt of this notice.
(Optional: Our list of acceptable mediators is as follows:)
DATED: . . . . . .
..................
(Party or party’s legal representative)
(b) If a hearing has been set. If a hearing on the matter
has been set, by filing and serving notice in substantially the
following form at least three days prior to the hearing that
has been set on the matter:
NOTICE OF MEDIATION UNDER RCW 11.96A.300
To: (Parties)
Notice is hereby given that the following matter shall be
resolved by mediation under RCW 11.96A.300:
(State nature of matter)
This matter must be resolved using the mediation procedures
of RCW 11.96A.300 unless the court determines at the
hearing set for . . . o’clock on . . . . . , (identify place of
already set hearing), that mediation shall not apply pursuant
to RCW 11.96A.300(3). If the court determines that
mediation shall not apply, the court may decide the matter
at the hearing, require arbitration, or direct other judicial
proceedings.
(Optional: Our list of acceptable mediators is as follows:)
DATED: . . . . . .
..................
(Party or party’s legal representative)
(2) Procedure when notice of mediation served before
a hearing is set. The following provisions apply when notice
of mediation is served before a hearing on the matter is set:
(a) The written notice required in subsection (1)(a) of
this section may be served at any time without leave of the
court.
(b) Any party may object to a notice of mediation under
subsection (1)(a) of this section by filing a petition with the
superior court and serving the petition on all parties or the
parties’ virtual representatives. The party objecting to notice
of mediation under subsection (1)(a) of this section must file
(2002 Ed.)
11.96A.300
and serve the petition objecting to mediation no later than
twenty days after receipt of the written notice of mediation.
The petition may include a request for determination of
matters subject to judicial resolution under RCW 11.96A.080
through 11.96A.200, and may also request that the matters
in issue be decided at the hearing.
(c) The hearing on the petition objecting to mediation
must be heard no later than twenty days after the filing of
that petition.
(d) The party objecting to mediation must give notice of
the hearing to all other parties at least ten days before the
hearing and must include a copy of the petition.
At the hearing, the court shall order that mediation proceed
except for good cause shown. Such order shall not be
subject to appeal or revision. If the court determines that the
matter should not be subject to mediation, the court shall
dispose of the matter by: (i) Deciding the matter at that
hearing, but only if the petition objecting to mediation
contains a request for that relief, (ii) requiring arbitration, or
(iii) directing other judicial proceedings.
(3) Procedure when notice of mediation served after
hearing set. If the written notice of mediation required in
subsection (1)(b) of this section is timely filed and served by
a party and another party objects to mediation, by petition or
orally at the hearing, the court shall order that mediation
proceed except for good cause shown. Such order shall not
be subject to appeal or revision. If the court determines that
the matter should not be subject to mediation, the court shall
dispose of the matter by: (a) Deciding the matter at that
hearing, (b) requiring arbitration, or (c) directing other
judicial proceedings.
(4) Selection of mediator; mediator qualifications.
(a) If a petition objecting to mediation is not filed as
provided in subsection (3) of this section, or if a court
determines that mediation shall apply, each party shall,
within thirty days of receipt of the initial notice or within
twenty days after the court determination, whichever is later,
furnish all other parties or the parties’ virtual representatives
a list of qualified and acceptable mediators. If the parties
cannot agree on a mediator within ten days after the list is
required to be furnished, a party may petition the court to
appoint a mediator. All parties may submit a list of qualified and acceptable mediators to the court no later than the
date on which the hearing on the petition is to be held. At
the hearing the court shall select a qualified mediator from
lists of acceptable mediators provided by the parties.
(b) A qualified mediator must be: (i) An attorney
licensed to practice before the courts of this state having at
least five years of experience in estate and trust matters, (ii)
an individual, who may be an attorney, with special skill or
training in the administration of trusts and estates, or (iii) an
individual, who may be an attorney, with special skill or
training as a mediator. The mediator may not have an
interest in an affected estate, trust, or nonprobate asset, and
may not be related to a party.
(5) Date for mediation. Upon designation of a mediator
by the parties or court appointment of a mediator, the
mediator and the parties or the parties’ virtual representatives
shall establish a date for the mediation. If a date cannot be
agreed upon within ten days of the designation or appointment of the mediator, a party may petition the court to set a
date for the mediation session.
[Title 11 RCW—page 105]
11.96A.300
Title 11 RCW: Probate and Trust Law
(6) Duration of mediation. The mediation must last at
least three hours unless the matter is earlier resolved.
(7) Mediation agreement. A resolution of the matter
that is the subject of the mediation must be evidenced by a
nonjudicial dispute resolution agreement under RCW
11.96A.220.
(8) Costs of mediation. Costs of the mediation, including reasonable compensation for the mediator’s services,
shall be borne equally by the parties. The details of those
costs and fees, including the compensation of the mediator,
must be set forth in a mediation agreement between the
mediator and all parties to the matter. Each party shall bear
its own costs and expenses, including legal fees and witness
expenses, in connection with the mediation proceeding: (a)
Except as may occur otherwise as provided in RCW
11.96A.320, or (b) unless the matter is not resolved by
mediation and the arbitrator or court finally resolving the
matter directs otherwise. [2001 c 14 § 4; 1999 c 42 § 505.]
11.96A.310 Arbitration procedure. (1) When
arbitration available. Arbitration under RCW 11.96A.260
through 11.96A.320 is available only if:
(a) A party has first petitioned for mediation under
RCW 11.96A.300 and such mediation has been concluded;
(b) The court has determined that mediation under RCW
11.96A.300 is not required and has not ordered that the
matter be disposed of in some other manner;
(c) All of the parties or the parties’ virtual representatives have agreed not to use the mediation procedures of
RCW 11.96A.300; or
(d) The court has ordered that the matter must be
submitted to arbitration.
(2) Commencement of arbitration. Arbitration must be
commenced as follows:
(a) If the matter is not settled through mediation under
RCW 11.96A.300, or the court orders that mediation is not
required, a party may commence arbitration by serving
written notice of arbitration on all other parties or the
parties’ virtual representatives. The notice must be served
no later than twenty days after the later of the conclusion of
the mediation procedure, if any, or twenty days after entry
of the order providing that mediation is not required. If
arbitration is ordered by the court under RCW
11.96A.300(3), arbitration must proceed in accordance with
the order.
(b) If the parties or the parties’ virtual representatives
agree that mediation does not apply and have not agreed to
another procedure for resolving the matter, a party may
commence arbitration without leave of the court by serving
written notice of arbitration on all other parties or the
parties’ virtual representatives at any time before or at the
initial judicial hearing on the matter. After the initial
judicial hearing on the matter, the written notice required in
subsection (1) of this section may only be served with leave
of the court.
Any notice required by this section must be in substantially the following form:
NOTICE OF ARBITRATION UNDER RCW
11.96A.310
To: (Parties)
[Title 11 RCW—page 106]
Notice is hereby given that the following matter must be
resolved by arbitration under RCW 11.96A.310:
(State nature of matter)
The matter must be resolved using the arbitration procedures
of RCW 11.96A.310 unless a petition objecting to arbitration
is filed with the superior court within twenty days of receipt
of this notice. If a petition objecting to arbitration is not
filed within the twenty-day period, RCW 11.96A.310
requires you to furnish to all other parties or the parties’ virtual representatives a list of acceptable arbitrators within thirty days of your receipt of this notice.
(Optional: Our list of acceptable arbitrators is as follows:)
DATED: . . . . . .
..................
(Party or party’s legal representative)
(3) Objection to arbitration. A party may object to
arbitration by filing a petition with the superior court and
serving the petition on all parties or the parties’ virtual
representatives. The objection to arbitration may be filed at
any time unless a written notice of arbitration has been
served, in which case the objection to arbitration must be
filed and served no later than twenty days after receipt of the
written notice of arbitration. The hearing on the objection to
arbitration must be heard no later than twenty days after the
filing of that petition. The party objecting to arbitration
must give notice of the hearing to all parties at least ten days
before the hearing and shall include a copy of the petition.
At the hearing, the court shall order that arbitration proceed
except for good cause shown. Such order shall not be
subject to appeal or revision. If the court determines that the
matter should not be subject to arbitration, the court shall
dispose of the matter by: (a) Deciding the matter at that
hearing, but only if the petition objecting to arbitration
contains a request for such relief; or (b) directing other
judicial proceedings.
(4) Selection of arbitrator; qualifications of arbitrator.
(a) If a petition objecting to arbitration is not filed as
provided in subsection (3) of this section, or if a court
determines that arbitration must apply, each party shall,
within thirty days of receipt of the initial notice or within
twenty days after the court determination, whichever is later,
furnish all other parties or the parties’ virtual representatives
a list of acceptable arbitrators. If the parties cannot agree on
an arbitrator within ten days after the list is required to be
furnished, a party may petition the court to appoint an
arbitrator. All parties may submit a list of qualified and
acceptable arbitrators to the court no later than the date on
which the hearing on the petition is to be held. At the
hearing the court shall select a qualified arbitrator from lists
of acceptable arbitrators provided by the parties.
(b) A qualified arbitrator must be an attorney licensed
to practice before the courts of this state having at least five
years of experience in trust or estate matters or five years of
experience in litigation or other formal dispute resolution
involving trusts or estates, or an individual, who may be an
attorney, with special skill or training with respect to the
matter. The arbitrator may be the same person selected and
used as a mediator under the mediation procedures of RCW
11.96A.300.
(2002 Ed.)
Trust and Estate Dispute Resolution
(5) Arbitration rules. Arbitration must be under chapter
7.06 RCW, mandatory arbitration of civil actions, as follows:
(a) Chapter 7.06 RCW, the superior court mandatory
arbitration rules adopted by the supreme court, and any local
rules for mandatory arbitration adopted by the superior court
apply to this title. If the superior court has not adopted
chapter 7.06 RCW, then the local rules for mandatory arbitration applicable in King county apply, except all the duties
of the director of arbitration must be performed by the
presiding judge of the superior court.
(b) If a party has already filed a petition with the court
with respect to the matter that will be the subject of the
arbitration proceedings, then all other parties to the arbitration proceedings who have not yet filed a reply thereto must
file a reply with the arbitrator within ten days of the date on
which the arbitrator is selected or appointed.
(c) The arbitration provisions of this subsection apply to
all matters in dispute. The dollar limits and restrictions to
monetary damages of RCW 7.06.020 do not apply to
arbitrations under this subsection. To the extent any provision in this title is inconsistent with chapter 7.06 RCW or
the rules referenced in (a) of this subsection, the provisions
of this title control.
(d) The compensation of the arbitrator must be set by
written agreement between the parties and the arbitrator.
The arbitrator must be compensated at the arbitrator’s stated
rate of compensation for acting as an arbitrator of disputes
in trusts, estates, and nonprobate matters unless the parties
or the parties’ virtual representatives agree otherwise.
(e) Unless directed otherwise by the arbitrator in accord
with subsection (6) of this section or RCW 11.96A.320, or
unless the matter is not resolved by arbitration and the court
finally resolving the matter directs otherwise:
(i) Costs of the arbitration, including compensation for
the arbitrator’s services, must be borne equally by the parties
participating in the arbitration, with the details of those costs
and fees to be set forth in an arbitration agreement between
the arbitrator and all parties to the matter; and
(ii) A party shall bear its own costs and expenses,
including legal fees and witness expenses, in connection with
the arbitration proceeding.
(f) The arbitrator and the parties shall execute a written
agreement setting forth the terms of the arbitration and the
process to be followed. This agreement must also contain
the fee agreement provided in (d) of this subsection. A dispute as to this agreement must be resolved by the director of
arbitration.
(g) The rules of evidence and discovery applicable to
civil causes of action before the superior court as defined in
RCW 11.96A.290 apply, unless the parties have agreed
otherwise or the arbitrator rules otherwise.
(6) Costs of arbitration. The arbitrator may order costs,
including reasonable attorneys’ fees and expert witness fees,
to be paid by any party to the proceedings as justice may
require.
(7) Decision of arbitrator. The arbitrator shall issue a
final decision in writing within thirty days of the conclusion
of the final arbitration hearing. Promptly after the issuance
of the decision, the arbitrator shall serve each of the parties
to the proceedings with a copy of the written arbitration
decision. Proof of service shall be filed with the court.
(2002 Ed.)
11.96A.310
Service shall be made in conformity with CR 5(b) of the
rules for superior court.
(8) Arbitration decision may be filed with the court.
The arbitrator or any party to the arbitration may file the
arbitrator’s decision with the clerk of the superior court at
any time after its issuance. Notice of such filing shall be
promptly given to each party to the arbitration proceedings.
(9) Appeal. (a) The final decision of the arbitrator may
be appealed by filing a notice of appeal with the superior
court requesting a trial de novo on all issues of law and fact.
The notice of appeal must be filed within thirty days after
the date on which the decision was served on the party filing
the notice of appeal. A trial de novo shall then be held,
including a right to jury, if demanded.
(b) If an appeal is not filed within the time provided in
(a) of this subsection, the arbitration decision is conclusive
and binding on all parties. If the arbitrator’s decision has
been filed with the clerk of the superior court, a judgment
shall be entered and may be presented to the court by any
party on ten days’ prior notice. The judgment when entered
shall have the same force and effect as judgments in civil
actions.
(10) Costs on appeal of arbitration decision. The
prevailing party in any such de novo superior court decision
after an arbitration result must be awarded costs, including
expert witness fees and attorneys’ fees, in connection with
the judicial resolution of the matter. Such costs shall be
charged against the nonprevailing parties in such amount and
in such manner as the court determines to be equitable. The
provisions of this subsection take precedence over the
provisions of RCW 11.96A.150 or any other similar provision. [2001 c 14 § 5; 1999 c 42 § 506.]
11.96A.320 Petition for order compelling compliance. If a party does not comply with any procedure of
RCW 11.96A.260 through 11.96A.310, the other party or
parties may petition the superior court for an order compelling compliance. A party obtaining an order compelling
compliance is entitled to reimbursement of costs and
attorneys’ fees incurred in connection with: The petition and
any other actions taken after the issuance of the order to
compel compliance with the order, unless the court at the
hearing on the petition determines otherwise for good cause
shown. Reimbursement must be from the party or parties
whose failure to comply was the basis for the petition.
[1999 c 42 § 507.]
11.96A.900 Short title. This chapter may be known
and cited as the trust and estate dispute resolution act or
"TEDRA." [1999 c 42 § 101.]
11.96A.901 Captions not law—1999 c 42. Part
headings and captions used in chapter 42, Laws of 1999 are
not any part of the law. [1999 c 42 § 701.]
11.96A.902 Effective date—1999 c 42. This act takes
effect January 1, 2000. [1999 c 42 § 703.]
[Title 11 RCW—page 107]
Chapter 11.97
Title 11 RCW: Probate and Trust Law
Chapter 11.97
EFFECT OF TRUST INSTRUMENT
Sections
11.97.010
11.97.900
Power of trustor—Trust provisions control.
Application of chapter.
11.97.010 Power of trustor—Trust provisions
control. The trustor of a trust may by the provisions of the
trust relieve the trustee from any or all of the duties,
restrictions, and liabilities which would otherwise be imposed by chapters 11.95, 11.98, 11.100, and *11.104 RCW
and RCW 11.106.020, or may alter or deny any or all of the
privileges and powers conferred by those provisions; or may
add duties, restrictions, liabilities, privileges, or powers to
those imposed or granted by those provisions. If any specific provision of those chapters is in conflict with the
provisions of a trust, the provisions of the trust control
whether or not specific reference is made in the trust to any
of those chapters, except as provided in RCW 11.98.200
through 11.98.240 and 11.95.100 through 11.95.150. In no
event may a trustee be relieved of the duty to act in good
faith and with honest judgment. [1993 c 339 § 1; 1985 c 30
§ 38. Prior: 1984 c 149 § 64; 1959 c 124 § 2. Formerly
RCW 30.99.020.]
*Reviser’s note: Chapter 11.104 RCW was repealed in its entirety
by 2002 c 345 § 601, effective January 1, 2003. For later enactment, see
chapter 11.104A RCW.
Severability—1993 c 339: See note following RCW 11.98.200.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.97.900 Application of chapter. This chapter
applies to the provisions of chapters 11.95, 11.98, 11.100,
and *11.104 RCW and to RCW 11.106.020. [1985 c 30 §
39. Prior: 1984 c 149 § 65.]
*Reviser’s note: Chapter 11.104 RCW was repealed in its entirety
by 2002 c 345 § 601, effective January 1, 2003. For later enactment, see
chapter 11.104A RCW.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 11.98
TRUSTS
Sections
11.98.009
11.98.016
11.98.019
11.98.029
11.98.039
11.98.041
11.98.045
11.98.051
11.98.055
11.98.060
11.98.065
Application of chapter.
Exercise of powers by co-trustees.
Relinquishment of powers by trustee.
Resignation of trustee.
Nonjudicial change of trustee—Notice—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.
Change of trustee—Discharge of outgoing trustee, when.
Criteria for transfer of trust assets or administration.
Nonjudicial transfer of trust assets or administration—
Notice—Consent required.
Judicial transfer of trust assets or administration.
Power of successor trustee.
Change in form of corporate trustee.
[Title 11 RCW—page 108]
11.98.070
11.98.080
11.98.090
11.98.100
Power of trustee.
Consolidation of trusts.
Nonliability of third persons without knowledge of breach.
Nonliability for action or inaction based on lack of knowledge of events.
11.98.110 Contract and tort liability.
11.98.130 Rule against perpetuities.
11.98.140 Distribution and vesting of assets.
11.98.150 Distribution of assets after one hundred fifty year period.
11.98.160 Effective date of irrevocable inter vivos trust—Effective date
of revocable inter vivos or testamentary trust.
11.98.170 Designation of trustee as beneficiary of life insurance policy
or retirement plan—Determination of proper recipient of
proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.
11.98.200 Beneficiary trustee—Limitations on power.
11.98.210 Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.
11.98.220 Beneficiary trustee—Inferences of law—Judicial review.
11.98.230 Beneficiary trustee—Income under marital deduction—
Spousal power of appointment.
11.98.240 Beneficiary trustee—Applicability—Exceptions—Election of
exception—Cause of action.
11.98.900 Application of RCW 11.98.130 through 11.98.160.
11.98.910 Severability—1959 c 124.
11.98.920 Short title.
Assignment for the benefit of creditors: Chapter 7.08 RCW.
Assignments to trustees, priority of wages: RCW 49.56.010.
Banks and trust companies: Title 30 RCW.
Cemeteries
endowment and nonendowment care: Chapter 68.40 RCW.
endowment care fund: Chapter 68.44 RCW.
Certificate conferring trust powers on bank, fee: RCW 30.08.095.
Conveyances and encumbrances of realty when held in trust: RCW
64.04.010.
Corporate
powers of trust companies, bond liability, securities, etc.: RCW 30.08.150
through 30.08.170.
seals, effect of absence from instrument: RCW 64.04.105.
Corporations
articles to state if trust company: RCW 30.08.020.
sole, property held in trust: RCW 24.12.030.
Costs against trustees, civil actions: RCW 4.84.150.
Employee benefit plans, trusts, duration, etc.: Chapter 49.64 RCW.
Employees’ benefit deductions from wages are trust funds: RCW 49.52.010.
Execution against property in trustee’s hands: RCW 6.17.110.
Fiduciary bonds: RCW 48.28.020.
Gifts for benefit of trust: RCW 11.12.250.
Guardianship: Chapters 11.88, 11.92, 73.36 RCW.
Husband and wife, property rights and liabilities: Chapter 26.16 RCW.
Insurance
deposits held in trust: RCW 48.16.020, 48.16.070.
equipment trust certificates: RCW 48.13.100.
investment in trustees’ obligations: RCW 48.13.090.
trustee group life insurance: RCW 48.24.070.
Investment of trust funds: Chapter 11.100 RCW, RCW 30.24.080.
Investment of trust funds in certain federally secured obligations: RCW
39.60.010.
Loan agencies: Title 31 RCW.
Loans to officers of trust corporation from trust funds prohibited: RCW
30.12.120.
Mandamus: Chapter 7.16 RCW.
Massachusetts trusts: Chapter 23.90 RCW.
Mortgages and trust receipts: Title 61 RCW.
Mutual savings banks: Title 32 RCW.
Partnerships: Title 25 RCW.
Personal property: Title 63 RCW.
(2002 Ed.)
Trusts
Pleadings, setoff against beneficiary or trustee of trust estate: RCW
4.32.120, 4.32.140.
Powers of appointment, powers in trust: Chapter 11.95 RCW.
Private seals abolished: RCW 64.04.090.
Proceedings to impeach: RCW 42.04.040.
Prohibition: Chapter 7.16 RCW.
Property taxes
exemptions: Chapter 84.36 RCW.
generally: Title 84 RCW.
Prudent person rule: Chapter 11.100 RCW.
Recording, county auditor’s duties: Chapter 65.04 RCW.
Recording and publication: Title 65 RCW.
Registration of land titles
assurance fund not liable for breach by trustee: RCW 65.12.700.
encumbrances by trust deeds: RCW 65.12.420 through 65.12.450.
fee for transfer in trust: RCW 65.12.790.
transfers between trustees: RCW 65.12.490.
transfers in trust: RCW 65.12.480.
trustee may register land: RCW 65.12.500.
trustees and receivers: RCW 65.12.600.
Resulting state bank, provisions when not exercising trust powers: RCW
30.49.100.
Retail sales tax, "buyer" includes trust, business trust, etc.: RCW
82.08.010.
Savings and loan associations: Title 33 RCW.
Savings banks
limitation on deposits: RCW 32.12.010.
not to locate in same room with trust company: RCW 32.04.030.
State depositaries: Chapter 43.85 RCW.
Statute of frauds: Chapter 19.36 RCW.
Trust business to be kept separate: RCW 30.04.240.
Trust companies
capital requirements: RCW 30.08.010.
limitation to act as executor or administrator: RCW 11.36.010.
Trust company
as legal representative, advertising: RCW 30.04.260, 30.12.130.
defined: RCW 30.04.010.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
Trustees’ accounting act: Chapter 11.106 RCW.
Trusts and monopolies: State Constitution Art. 12 § 22.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform
common trust fund act: Chapter 11.102 RCW.
transfers to minors act: Chapter 11.114 RCW.
unclaimed property act: Chapter 63.29 RCW.
Use tax, "purchaser" includes trust, business trust, etc.: RCW 82.12.010.
Wills, generally: Chapter 11.12 RCW.
Witnesses, competency in actions involving fiduciaries: RCW 5.60.030.
11.98.009 Application of chapter. Except as provided in this section, this chapter applies to express trusts
executed by the trustor after June 10, 1959, and does not
apply to resulting trusts, constructive trusts, business trusts
where certificates of beneficial interest are issued to the
beneficiary, investment trusts, voting trusts, trusts in the
nature of mortgages or pledges, trusts created by the judgment or decree of a court not sitting in probate, liquidation
trusts, or trusts for the sole purpose of paying dividends,
interest, interest coupons, salaries, wages, pensions or profits,
trusts created in deposits in any financial institution pursuant
to chapter 30.22 RCW, unless any such trust which is
created in writing incorporates this chapter in whole or in
(2002 Ed.)
Chapter 11.98
part. [1985 c 30 § 40. Prior: 1984 c 149 § 67; 1983 c 3 §
49; 1959 c 124 § 1. Formerly RCW 30.99.010.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.016 Exercise of powers by co-trustees. (1)
Any power vested in three or more trustees jointly may be
exercised by a majority of such trustees; but no trustee who
has not joined in exercising a power is liable to the beneficiaries or to others for the consequences of such exercise;
nor is a dissenting trustee liable for the consequences of an
act in which that trustee joins at the direction of the majority
of the trustees, if that trustee expressed his or her dissent in
writing to each of the co-trustees at or before the time of
such joinder.
(2) Where two or more trustees are appointed to execute
a trust and one or more of them for any reason does not
accept the appointment or having accepted ceases to be a
trustee, the survivor or survivors shall execute the trust and
shall succeed to all the powers, duties and discretionary
authority given to the trustees jointly.
(3) An individual trustee, with a co-trustee’s consent,
may, by a signed, written instrument, delegate any power,
duty, or authority as trustee to that co-trustee. This delegation is effective upon delivery of the instrument to that cotrustee and may be revoked at any time by delivery of a
similar signed, written instrument to that co-trustee. However, if a power, duty, or authority is expressly conferred upon
only one trustee, it shall not be delegated to a co-trustee. If
that power, duty, or authority is expressly excluded from
exercise by a trustee, it shall not be delegated to the excluded trustee.
(4) If one trustee gives written notice to all other cotrustees of an action that the trustee proposes be taken, then
the failure of any co-trustee to deliver a written objection to
the proposal to the trustee, at the trustee’s then address of
record and within fifteen days from the date the co-trustee
actually receives the notice, constitutes formal approval by
the co-trustee, unless the co-trustee had previously given
written notice that was unrevoked at the time of the trustee’s
notice, to that trustee that this fifteen-day notice provision is
inoperative.
(5) As to any effective delegation made under subsection (3) of this section, a co-trustee has no liability for
failure to participate in the administration of the trust.
Nothing in this section, however, otherwise excuses a
co-trustee from liability for failure to participate in the
administration of the trust and nothing in this section,
including subsection (3) of this section, excuses a co-trustee
from liability for the failure to attempt to prevent a breach
of trust. [1985 c 30 § 41. Prior: 1984 c 149 § 68; 1959 c
124 § 3. Formerly RCW 30.99.030.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.019 Relinquishment of powers by trustee.
Any trustee may, by written instrument delivered to any then
acting co-trustee and to the current adult income beneficia[Title 11 RCW—page 109]
11.98.019
Title 11 RCW: Probate and Trust Law
ries of the trust, relinquish to any extent and upon any terms
any or all of the trustee’s powers, rights, authorities, or
discretions that are or may be tax sensitive in that they cause
or may cause adverse tax consequences to the trustee or the
trust. Any trustee not relinquishing such a power, right,
authority, or discretion and upon whom it is conferred
continues to have full power to exercise it. [1985 c 30 § 42.
Prior: 1984 c 149 § 69.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.029 Resignation of trustee. Any trustee may
resign, without judicial proceedings, by a writing signed by
the trustee and filed with the trust records, to be effective
upon the trustee’s discharge as provided in RCW 11.98.041.
[1989 c 10 § 3. Prior: 1985 c 30 § 43; prior: 1959 c 124
§ 4. Formerly RCW 30.99.040.]
Intent—1989 c 10 § 3: "It is the intent of the legislature that RCW
11.98.029 be restored to full force and effect." [1989 c 10 § 2.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.039 Nonjudicial change of trustee—Notice—
Judicial appointment or change of trustee—Liability and
duties of successor fiduciary. (1) Where a vacancy occurs
in the office of the trustee and there is a successor trustee
who is willing to serve as trustee and (a) is named in the
governing instrument as successor trustee or (b) has been
selected to serve as successor trustee under the procedure
established in the governing instrument for the selection of
a successor trustee, the outgoing trustee, or any other
interested party, shall give notice of such vacancy, whether
arising because of the trustee’s resignation or because of any
other reason, and of the successor trustee’s agreement to
serve as trustee, to all adult income beneficiaries of the trust
and to all known and identifiable adults for whom the
income of the trust is being accumulated. If there are no
such adults, no notice need be given. The successor trustee
named in the governing instrument or selected pursuant to
the procedure therefor established in the governing instrument shall be entitled to act as trustee except for good cause
or disqualification. The successor trustee shall serve as of
the effective date of the discharge of the predecessor trustee
as provided in RCW 11.98.041.
(2) Where a vacancy exists or occurs in the office of the
trustee and there is no successor trustee who is named in the
governing instrument or who has been selected to serve as
successor trustee under the procedure established in the
governing instrument for the selection of a successor trustee,
and who is willing to serve as trustee, the beneficiaries and
the then-acting trustee, if any, of a trust may agree to a
nonjudicial change of the trustee under RCW 11.96A.220.
The trustee, or any beneficiary if there is no then-acting
trustee, shall give written notice of the proposed change in
trustee to every beneficiary or special representative, and to
the trustor if alive. The notice shall: (a) State the name and
mailing address of the trustee or the beneficiary giving the
notice; (b) include a copy of the governing instrument; (c)
state the name and mailing address of the successor trustee;
and (d) include a copy of the proposed successor trustee’s
[Title 11 RCW—page 110]
agreement to serve as trustee. The notice shall advise the
recipient of the right to petition for a judicial appointment or
change in trustee as provided in subsection (3) of this
section. The notice shall include a form on which consent
or objection to the proposed change in trustee may be
indicated. The successor trustee shall serve as of the
effective date of the discharge of the predecessor trustee as
provided in RCW 11.98.041 or, in circumstances where there
is no predecessor trustee, as of the effective date of the
trustee’s appointment.
(3) Any beneficiary of a trust, the trustor if alive, or the
trustee may petition the superior court having jurisdiction for
the appointment or change of a trustee under the procedures
provided in RCW 11.96A.080 through 11.96A.200: (a)
Whenever the office of trustee becomes vacant; (b) upon
filing of a petition of resignation by a trustee; (c) upon the
giving of notice of the change in trustee as referred to in
subsection (1) or (2) of this section; or (d) for any other
reasonable cause.
(4) For purposes of this subsection, the term fiduciary
includes both trustee and personal representative.
(a) Except as otherwise provided in the governing
instrument, a successor fiduciary, absent actual knowledge of
a breach of fiduciary duty: (i) Is not liable for any act or
omission of a predecessor fiduciary and is not obligated to
inquire into the validity or propriety of any such act or omission; (ii) is authorized to accept as conclusively accurate any
accounting or statement of assets tendered to the successor
fiduciary by a predecessor fiduciary; and (iii) is authorized
to receipt only for assets actually delivered and has no duty
to make further inquiry as to undisclosed assets of the trust
or estate.
(b) Nothing in this section relieves a successor fiduciary
from liability for retaining improper investments, nor does
this section in any way bar the successor fiduciary, trust
beneficiaries, or other party in interest from bringing an
action against a predecessor fiduciary arising out of the acts
or omissions of the predecessor fiduciary, nor does it relieve
the successor fiduciary of liability for its own acts or
omissions except as specifically stated or authorized in this
section. [1999 c 42 § 618; 1985 c 30 § 44. Prior: 1984 c
149 § 72; 1959 c 124 § 5. Formerly RCW 30.99.050.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.041 Change of trustee—Discharge of outgoing
trustee, when. Where a vacancy occurs in the office of
trustee under the circumstances described in RCW 11.98.039
(1) or (2), the outgoing trustee shall be discharged upon the
agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as
required by the applicable subsection of RCW 11.98.039,
whichever occurs first, or if no notice is required under
RCW 11.98.039(1), upon the date the vacancy occurs, unless
before the effective date of such discharge a petition is filed
under RCW 11.98.039(3) regarding the appointment or
change of a trustee of the trust. Where a petition is filed
under RCW 11.98.039(3) regarding the appointment or
(2002 Ed.)
Trusts
change of a trustee, the superior court having jurisdiction
may discharge the trustee from the trust and may appoint a
successor trustee upon such terms as the court may require.
[1985 c 30 § 141.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.045 Criteria for transfer of trust assets or
administration. (1) A trustee may transfer trust assets to a
trustee in another jurisdiction or may transfer the place of
administration of a trust to another jurisdiction if the trust
instrument so provides or in accordance with RCW
11.98.051 or 11.98.055.
(2) Transfer under this section is permitted only if:
(a) The transfer would facilitate the economic and
convenient administration of the trust;
(b) The transfer would not materially impair the
interests of the beneficiaries or others interested in the trust;
(c) The transfer does not violate the terms of the trust;
and
(d) The new trustee is qualified and able to administer
the trust or such assets on the terms set forth in the trust.
(3) Acceptance of such transfer by a foreign corporate
trustee or trust company under this section, RCW 11.98.051,
or 11.98.055 shall not be construed to be doing a "trust
business" as described in RCW 30.08.150(9). [1985 c 30 §
45. Prior: 1984 c 149 § 74.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.051 Nonjudicial transfer of trust assets or
administration—Notice—Consent required. (1) The
trustee may transfer trust assets or the place of administration in accordance with RCW 11.96A.220. In addition, the
trustee shall give written notice to those persons entitled to
notice as provided for under RCW 11.96A.110 and to the
attorney general in the case of a charitable trust subject to
chapter 11.110 RCW. The notice shall:
(a) State the name and mailing address of the trustee;
(b) Include a copy of the governing instrument of the
trust;
(c) Include a statement of assets and liabilities of the
trust dated within ninety days of the notice;
(d) State the name and mailing address of the trustee to
whom the assets or administration will be transferred
together with evidence that the trustee has agreed to accept
the assets or trust administration in the manner provided by
law of the new place of administration. The notice shall
also contain a statement of the trustee’s qualifications and
the name of the court, if any, having jurisdiction of that
trustee or in which a proceeding with respect to the administration of the trust may be heard;
(e) State the facts supporting the requirements of RCW
11.98.045(2);
(f) Advise the beneficiaries of the right to petition for
judicial determination of the proposed transfer as provided
in RCW 11.98.055; and
(g) Include a form on which the recipient may indicate
consent or objection to the proposed transfer.
(2002 Ed.)
11.98.041
(2) If the trustee receives written consent to the proposed transfer from all persons entitled to notice, the trustee
may transfer the trust assets or place of administration as
provided in the notice. Transfer in accordance with the
notice is a full discharge of the trustee’s duties in relation to
all property referred to therein. Any person dealing with the
trustee is entitled to rely on the authority of the trustee to act
and is not obliged to inquire into the validity or propriety of
the transfer. [1999 c 42 § 619; 1985 c 30 § 46. Prior:
1984 c 149 § 75.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.055 Judicial transfer of trust assets or
administration. (1) Any trustee, beneficiary, or beneficiary
representative may petition the superior court of the county
of the situs of the trust for a transfer of trust assets or
transfer of the place of administration in accordance with
RCW 11.96A.080 through 11.96A.200.
(2) At the conclusion of the hearing, if the court finds
the requirements of RCW 11.98.045(2) have been satisfied,
it may direct the transfer of trust assets or the place of trust
administration on such terms and conditions as it deems
appropriate. The court in its discretion may provide for
payment from the trust of reasonable fees and expenses for
any party to the proceeding. Delivery of trust assets in
accordance with the court’s order is a full discharge of the
trustee’s duties in relation to all transferred property. [1999
c 42 § 620; 1985 c 30 § 47. Prior: 1984 c 149 § 76.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.060 Power of successor trustee. A successor
trustee of a trust shall succeed to all the powers, duties and
discretionary authority of the original trustee. [1985 c 30 §
48. Prior: 1959 c 124 § 6. Formerly RCW 30.99.060.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.065 Change in form of corporate trustee.
Any appointment of a specific bank, trust company, or
corporation as trustee is conclusively presumed to authorize
the appointment or continued service of that entity’s successor in interest in the event of a merger, acquisition, or
reorganization, and no court proceeding is necessary to
affirm the appointment or continuance of service. [1985 c
30 § 49. Prior: 1984 c 149 § 78.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.070 Power of trustee. A trustee, or the trustees
jointly, of a trust, in addition to the authority otherwise given
[Title 11 RCW—page 111]
11.98.070
Title 11 RCW: Probate and Trust Law
by law, have discretionary power to acquire, invest, reinvest,
exchange, sell, convey, control, divide, partition, and manage
the trust property in accordance with the standards provided
by law, and in so doing may:
(1) Receive property from any source as additions to the
trust or any fund of the trust to be held and administered
under the provisions of the trust;
(2) Sell on credit;
(3) Grant, purchase or exercise options;
(4) Sell or exercise subscriptions to stock or other
corporate securities and to exercise conversion rights;
(5) Deposit stock or other corporate securities with any
protective or other similar committee;
(6) Assent to corporate sales, leases, and encumbrances;
(7) Vote trust securities in person or by proxy with
power of substitution; and enter into voting trusts;
(8) Register and hold any stocks, securities, or other
property in the name of a nominee or nominees without
mention of the trust relationship, provided the trustee or
trustees are liable for any loss occasioned by the acts of any
nominee, except that this subsection shall not apply to situations covered by subsection (31) of this section;
(9) Grant leases of trust property, with or without
options to purchase or renew, to begin within a reasonable
period and for terms within or extending beyond the duration
of the trust, for any purpose including exploration for and
removal of oil, gas and other minerals; enter into community
oil leases, pooling and unitization agreements;
(10) Subdivide, develop, dedicate to public use, make or
obtain the vacation of public plats, adjust boundaries,
partition real property, and on exchange or partition to adjust
differences in valuation by giving or receiving money or
money’s worth;
(11) Compromise or submit claims to arbitration;
(12) Borrow money, secured or unsecured, from any
source, including a corporate trustee’s banking department,
or from the individual trustee’s own funds;
(13) Make loans, either secured or unsecured, at such
interest as the trustee may determine to any person, including any beneficiary of a trust, except that no trustee who is
a beneficiary of a trust may participate in decisions regarding
loans to such beneficiary from the trust, unless the loan is as
described in *RCW 83.110.020(2), and then only to the
extent of the loan, and also except that if a beneficiary or the
grantor of a trust has the power to change a trustee of the
trust, the power to loan shall be limited to loans at a
reasonable rate of interest and for adequate security;
(14) Determine the hazards to be insured against and
maintain insurance for them;
(15) Select any part of the trust estate in satisfaction of
any partition or distribution, in kind, in money or both; make
nonpro rata distributions of property in kind; allocate
particular assets or portions of them or undivided interests in
them to any one or more of the beneficiaries without regard
to the income tax basis of specific property allocated to any
beneficiary and without any obligation to make an equitable
adjustment;
(16) Pay any income or principal distributable to or for
the use of any beneficiary, whether that beneficiary is under
legal disability, to the beneficiary or for the beneficiary’s use
to the beneficiary’s parent, guardian, custodian under the
[Title 11 RCW—page 112]
uniform gifts to minors act of any state, person with whom
he resides, or third person;
(17) Change the character of or abandon a trust asset or
any interest in it;
(18) Mortgage, pledge the assets or the credit of the
trust estate, or otherwise encumber trust property, including
future income, whether an initial encumbrance or a renewal
or extension of it, for a term within or extending beyond the
term of the trust, in connection with the exercise of any
power vested in the trustee;
(19) Make ordinary or extraordinary repairs or alterations in buildings or other trust property, demolish any
improvements, raze existing structures, and make any
improvements to trust property;
(20) Create restrictions, easements, including easements
to public use without consideration, and other servitudes;
(21) Manage any business interest, including any farm
or ranch interest, regardless of form, received by the trustee
from the trustor of the trust, as a result of the death of a
person, or by gratuitous transfer from any other transferor,
and with respect to the business interest, have the following
powers:
(a) To hold, retain, and continue to operate that business
interest solely at the risk of the trust, without need to
diversify and without liability on the part of the trustee for
any resulting losses;
(b) To enlarge or diminish the scope or nature or the
activities of any business;
(c) To authorize the participation and contribution by the
business to any employee benefit plan, whether or not
qualified as being tax deductible, as may be desirable from
time to time;
(d) To use the general assets of the trust for the purpose
of the business and to invest additional capital in or make
loans to such business;
(e) To endorse or guarantee on behalf of the trust any
loan made to the business and to secure the loan by the
trust’s interest in the business or any other property of the
trust;
(f) To leave to the discretion of the trustee the manner
and degree of the trustee’s active participation in the
management of the business, and the trustee is authorized to
delegate all or any part of the trustee’s power to supervise,
manage, or operate to such persons as the trustee may select,
including any partner, associate, director, officer, or employee of the business; and also including electing or employing
directors, officers, or employees of the trustee to take part in
the management of the business as directors or officers or
otherwise, and to pay that person reasonable compensation
for services without regard to the fees payable to the trustee;
(g) To engage, compensate, and discharge or to vote for
the engaging, compensating, and discharging of managers,
employees, agents, lawyers, accountants, consultants, or
other representatives, including anyone who may be a
beneficiary of the trust or any trustee;
(h) To cause or agree that surplus be accumulated or
that dividends be paid;
(i) To accept as correct financial or other statements
rendered by any accountant for any sole proprietorship or by
any partnership or corporation as to matters pertaining to the
business except upon actual notice to the contrary;
(2002 Ed.)
Trusts
(j) To treat the business as an entity separate from the
trust, and in any accounting by the trustee it is sufficient if
the trustee reports the earning and condition of the business
in a manner conforming to standard business accounting
practice;
(k) To exercise with respect to the retention, continuance, or disposition of any such business all the rights and
powers that the trustor of the trust would have if alive at the
time of the exercise, including all powers as are conferred on
the trustee by law or as are necessary to enable the trustee
to administer the trust in accordance with the instrument
governing the trust, subject to any limitations provided for in
the instrument; and
(l) To satisfy contractual and tort liabilities arising out
of an unincorporated business, including any partnership,
first out of the business and second out of the estate or trust,
but in no event may there be a liability of the trustee, except
as provided in RCW 11.98.110 (2) and (4), and if the trustee
is liable, the trustee is entitled to indemnification from the
business and the trust, respectively;
(22) Participate in the establishment of, and thereafter
in the operation of, any business or other enterprise according to subsection (21) of this section except that the trustee
shall not be relieved of the duty to diversify;
(23) Cause or participate in, directly or indirectly, the
formation, reorganization, merger, consolidation, dissolution,
or other change in the form of any corporate or other
business undertaking where trust property may be affected
and retain any property received pursuant to the change;
(24) Limit participation in the management of any
partnership and act as a limited or general partner;
(25) Charge profits and losses of any business operation,
including farm or ranch operation, to the trust estate as a
whole and not to the trustee; make available to or invest in
any business or farm operation additional moneys from the
trust estate or other sources;
(26) Pay reasonable compensation to the trustee or cotrustees considering all circumstances including the time,
effort, skill, and responsibility involved in the performance
of services by the trustee;
(27) Employ persons, including lawyers, accountants,
investment advisors, or agents, even if they are associated
with the trustee, to advise or assist the trustee in the performance of the trustee’s duties or to perform any act, regardless of whether the act is discretionary, and to act without
independent investigation upon their recommendations,
except that:
(a) A trustee may not delegate all of the trustee’s duties
and responsibilities;
(b) This power to employ and to delegate duties does
not relieve the trustee of liability for such person’s discretionary acts, that, if done by the trustee, would result in
liability to the trustee;
(c) This power to employ and to delegate duties does
not relieve the trustee of the duty to select and retain a
person with reasonable care;
(d) The trustee, or a successor trustee, may sue the
person to collect any damages suffered by the trust estate
even though the trustee might not be personally liable for
those damages, subject to the statutes of limitation that
would have applied had the claim been one against the
(2002 Ed.)
11.98.070
trustee who was serving when the act or failure to act
occurred;
(28) Appoint an ancillary trustee or agent to facilitate
management of assets located in another state or foreign
country;
(29) Retain and store such items of tangible personal
property as the trustee selects and pay reasonable storage
charges thereon from the trust estate;
(30) Issue proxies to any adult beneficiary of a trust for
the purpose of voting stock of a corporation acting as the
trustee of the trust;
(31) Place all or any part of the securities at any time
held by the trustee in the care and custody of any bank, trust
company, or member firm of the New York Stock Exchange
with no obligation while the securities are so deposited to
inspect or verify the same and with no responsibility for any
loss or misapplication by the bank, trust company, or firm,
so long as the bank, trust company, or firm was selected and
retained with reasonable care, and have all stocks and
registered securities placed in the name of the bank, trust
company, or firm, or in the name of its nominee, and to
appoint such bank, trust company, or firm agent as attorney
to collect, receive, receipt for, and disburse any income, and
generally may perform, but is under no requirement to
perform, the duties and services incident to a so-called
"custodian" account;
(32) Determine at any time that the corpus of any trust
is insufficient to implement the intent of the trust, and upon
this determination by the trustee, terminate the trust by
distribution of the trust to the current income beneficiary or
beneficiaries of the trust or their legal representatives, except
that this determination may only be made by the trustee if
the trustee is neither the grantor nor the beneficiary of the
trust, and if the trust has no charitable beneficiary;
(33) Continue to be a party to any existing voting trust
agreement or enter into any new voting trust agreement or
renew an existing voting trust agreement with respect to any
assets contained in trust; and
(34)(a) Donate a qualified conservation easement, as
defined by section 2031(c) of the Internal Revenue Code, on
any real property, or consent to the donation of a qualified
conservation easement on any real property by a personal
representative of an estate of which the trustee is a devisee,
to obtain the benefit of the estate tax exclusion allowed
under section 2031(c) of the Internal Revenue Code or the
deduction allowed under section 2055(f) of the Internal
Revenue Code as long as:
(i)(A) The governing instrument authorizes the donation
of a qualified conservation easement on the real property; or
(B) Each beneficiary that may be affected by the
qualified conservation easement consents to the donation
under the provisions of chapter 11.96A RCW; and
(ii) The donation of a qualified conservation easement
will not result in the insolvency of the decedent’s estate.
(b) The authority granted under this subsection includes
the authority to amend a previously donated qualified
conservation easement, as defined under section
2031(c)(8)(B) of the Internal Revenue Code, and to amend
a previously donated unqualified conservation easement for
the purpose of making the easement a qualified conservation
easement under section 2031(c)(8)(B). [2002 c 66 § 1; 1997
[Title 11 RCW—page 113]
11.98.070
Title 11 RCW: Probate and Trust Law
c 252 § 75; 1989 c 40 § 7; 1985 c 30 § 50. Prior: 1984 c
149 § 80; 1959 c 124 § 7. Formerly RCW 30.99.070.]
*Reviser’s note: RCW 83.110.020 was amended by 2000 c 129 § 2,
deleting subsection (2).
Construction—Severability—1989 c 40: See notes following RCW
83.110.010.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.080 Consolidation of trusts. (1) Two or more
trusts may be consolidated if:
(a) The trusts so provide; or
(b) Whether provided in the trusts or not, in accordance
with subsection (2) of this section, if all interested persons
consent as provided in subsection (2)(b) of this section and
the requirements of subsection (1)(d) of this section are
satisfied; or
(c) Whether provided in the trusts or not, in accordance
with subsection (3) of this section if the requirements of
subsection (1)(d) of this section are satisfied;
(d) Consolidation under subsection (2) or (3) of this
section is permitted only if:
(i) The dispositive provisions of each trust to be
consolidated are substantially similar;
(ii) Consolidation is not inconsistent with the intent of
the trustor with regard to any trust to be consolidated; and
(iii) Consolidation would facilitate administration of the
trusts and would not materially impair the interests of the
beneficiaries;
(e) Trusts may be consolidated whether created inter
vivos or by will, by the same or different instruments, by the
same or different trustors, whether the trustees are the same,
and regardless of where the trusts were created or administered.
(2) The trustees of two or more trusts may consolidate
the trusts on such terms and conditions as appropriate
without court approval as provided in RCW 11.96A.220.
(a) The trustee shall give written notice of proposed
consolidation by personal service or by certified mail to the
beneficiaries of every trust affected by the consolidation as
provided in RCW 11.96A.110 and to any trustee of such
trusts who does not join in the notice. The notice shall: (i)
State the name and mailing address of the trustee; (ii)
include a copy of the governing instrument of each trust to
be consolidated; (iii) include a statement of assets and
liabilities of each trust to be consolidated, dated within
ninety days of the notice; (iv) fully describe the terms and
manner of consolidation; and (v) state the reasons supporting
the requirements of subsection (1)(d) of this section. The
notice shall advise the recipient of the right to petition for a
judicial determination of the proposed consolidation as
provided in subsection (3) of this section. The notice shall
include a form on which consent or objection to the proposed consolidation may be indicated.
(b) If the trustee receives written consent to the proposed consolidation from all persons entitled to notice as
provided in RCW 11.96A.110 or from their representatives,
the trustee may consolidate the trusts as provided in the
notice. Any person dealing with the trustee of the resulting
consolidated trust is entitled to rely on the authority of that
[Title 11 RCW—page 114]
trustee to act and is not obliged to inquire into the validity
or propriety of the consolidation under this section.
(3)(a) Any trustee, beneficiary, or special representative
may petition the superior court of the county in which the
principal place of administration of a trust is located for an
order consolidating two or more trusts under RCW
11.96A.080 through 11.96A.200. If nonjudicial consolidation has been commenced pursuant to subsection (2) of this
section, a petition may be filed under this section unless the
trustee has received all necessary consents. The principal
place of administration of the trust is the trustee’s usual
place of business where the records pertaining to the trust
are kept, or the trustee’s residence if the trustee has no such
place of business.
(b) At the conclusion of the hearing, if the court finds
that the requirements of subsection (1)(d) of this section
have been satisfied, it may direct consolidation of two or
more trusts on such terms and conditions as appropriate.
The court in its discretion may provide for payment from
one or more of the trusts of reasonable fees and expenses for
any party to the proceeding.
(4) This section applies to all trusts whenever created.
(5) For powers of fiduciaries to divide trusts, see RCW
11.108.025. [1999 c 42 § 621; 1991 c 6 § 2; 1985 c 30 §
51. Prior: 1984 c 149 § 81.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.090 Nonliability of third persons without
knowledge of breach. In the absence of knowledge of a
breach of trust, no party dealing with a trustee is required to
see to the application of any moneys or other properties
delivered to the trustee. [1985 c 30 § 52. Prior: 1984 c
149 § 83; 1959 c 124 § 8. Formerly RCW 30.99.080.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.100 Nonliability for action or inaction based
on lack of knowledge of events. When the happening of
any event, including but not limited to such events as
marriage, divorce, performance of educational requirements,
or death, affects the administration or distribution of the
trust, then a trustee who has exercised reasonable care to
ascertain the happening of the event is not liable for any
action or inaction based on lack of knowledge of the event.
A corporate trustee is not liable prior to receiving such
knowledge or notice in its trust department office where the
trust is being administered. [1985 c 30 § 53. Prior: 1984
c 149 § 84; 1959 c 124 § 9. Formerly RCW 30.99.090.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.110 Contract and tort liability. As used in
this section, a trust includes a probate estate, and a trustee
(2002 Ed.)
Trusts
includes a personal representative. The words "trustee" and
"as trustee" mean "personal representative" and "as personal
representative" where this section is being construed in regard to personal representatives.
Actions on contracts which have been transferred to a
trust and on contracts made by a trustee, and actions in tort
for personal liability incurred by a trustee in the course of
administration may be maintained by the party in whose
favor the cause of action has accrued as follows:
(1) The plaintiff may sue the trustee in the trustee’s
representative capacity and any judgment rendered in favor
of the plaintiff is collectible by execution out of the trust
property: PROVIDED, HOWEVER, If the action is in tort,
collection shall not be had from the trust property unless the
court determines in the action that (a) the tort was a common
incident of the kind of business activity in which the trustee
or the trustee’s predecessor was properly engaged for the
trust; or (b) that, although the tort was not a common
incident of such activity, neither the trustee nor the trustee’s
predecessor, nor any officer or employee of the trustee or the
trustee’s predecessor, was guilty of personal fault in incurring the liability; or (c) that, although the tort did not fall
within classes (a) or (b) above, it increased the value of the
trust property. If the tort is within classes (a) or (b) above,
collection may be had of the full amount of damage proved,
and if the tort is within class (c) above, collection may be
had only to the extent of the increase in the value of the
trust property.
(2) If the action is on a contract made by the trustee, the
trustee may be held personally liable on the contract, if
personal liability is not excluded. Either the addition by the
trustee of the words "trustee" or "as trustee" after the
signature of a trustee to a contract or the transaction of
business as trustee under an assumed name in compliance
with chapter 19.80 RCW excludes the trustee from personal
liability. If the action is on a contract transferred to the trust
or trustee, subject to any rights therein vested at time of the
transfer, the trustee is personally liable only if he or she has
in writing assumed that liability.
(3) In any such action against the trustee in the trustee’s
representative capacity the plaintiff need not prove that the
trustee could have secured reimbursement from the trust fund
if the trustee had paid the plaintiff’s claim.
(4) The trustee may also be held personally liable for
any tort committed by him or her, or by his or her agents or
employees in the course of their employments only if, and
to the extent that, damages for the tort are not collectible
from trust property as provided in and pursuant to subsection
(1) of this section.
(5) The procedure for all actions provided in this section
is as provided in RCW 11.96A.080 through 11.96A.200.
(6) Nothing in this section shall be construed to change
the existing law with regard to the liability of the trustee of
a charitable trust for the torts of the trustee. [1999 c 42 §
622; 1988 c 29 § 8; 1985 c 30 § 54. Prior: 1984 c 149 §
85; 1983 c 3 § 50; 1959 c 124 § 10. Formerly RCW
30.99.100.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
(2002 Ed.)
11.98.110
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.130 Rule against perpetuities. No provision of
an instrument creating a trust, including the provisions of
any further trust created, and no other disposition of property
made pursuant to exercise of a power of appointment granted
in or created through authority under such instrument is
invalid under the rule against perpetuities, or any similar
statute or common law, during the one hundred fifty years
following the effective date of the instrument.
Thereafter, unless the trust assets have previously
become distributable or vested, the provision or other
disposition of property is deemed to have been rendered
invalid under the rule against perpetuities. [2001 c 60 § 1;
1985 c 30 § 55. Prior: 1984 c 149 § 87; 1965 c 145 §
11.98.010; prior: 1959 c 146 § 1. Formerly RCW
11.98.010.]
Application—2001 c 60: "This act applies to any irrevocable trust
with an effective date on or after January 1, 2002. Unless the trust
instrument otherwise provides, this act does not apply to: (1) Any
irrevocable trust with an effective date prior to January 1, 2002; or (2) a
revocable inter vivos trust or testamentary trust with an effective date on or
after January 1, 2002, if at all times after the date of enactment the creator
of the revocable inter vivos trust or testamentary trust was not competent to
revoke, amend, or modify the instrument." [2001 c 60 § 4.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.140 Distribution and vesting of assets. If,
during the one hundred fifty years following the effective
date of an instrument creating a trust, any of the trust assets
should by the terms of the instrument or pursuant to any further trust or other disposition resulting from exercise of the
power of appointment granted in or created through authority
under such instrument, become distributable or any beneficial
interest in any of the trust assets should by the terms of the
instrument, or such further trust or other disposition become
vested, such assets shall be distributed and such beneficial
interest shall validly vest in accordance with the instrument,
or such further trust or other disposition. [2001 c 60 § 2;
1985 c 30 § 56. Prior: 1984 c 149 § 88; 1965 c 145 §
11.98.020; prior: 1959 c 146 § 2. Formerly RCW
11.98.020.]
Application—2001 c 60: See note following RCW 11.98.130.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.150 Distribution of assets after one hundred
fifty year period. If, at the end of the one hundred fifty
years following the effective date of an instrument creating
a trust, any of the trust assets have not by the terms of the
trust instrument become distributable or vested, then the
assets shall be distributed as the superior court having
jurisdiction directs, giving effect to the general intent of the
creator of the trust or person exercising a power of appointment in the case of any further trust or other disposition of
property made pursuant to the exercise of a power of
appointment. [2001 c 60 § 3; 1985 c 30 § 57. Prior: 1984
[Title 11 RCW—page 115]
11.98.150
Title 11 RCW: Probate and Trust Law
c 149 § 89; 1965 c 145 § 11.98.030; prior: 1959 c 146 § 3.
Formerly RCW 11.98.030.]
Application—2001 c 60: See note following RCW 11.98.130.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.160 Effective date of irrevocable inter vivos
trust—Effective date of revocable inter vivos or testamentary trust. For the purposes of RCW 11.98.130
through 11.98.150 the effective date of an instrument
purporting to create an irrevocable inter vivos trust is the
date on which it is executed by the trustor, and the effective
date of an instrument purporting to create either a revocable
inter vivos trust or a testamentary trust is the date of the
trustor’s or testator’s death. [1989 c 14 § 2; 1985 c 30 § 58.
Prior: 1984 c 149 § 90; 1965 c 145 § 11.98.040; prior:
1959 c 146 § 4. Formerly RCW 11.98.040.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.170 Designation of trustee as beneficiary of
life insurance policy or retirement plan—Determination
of proper recipient of proceeds—Definitions—Beneficiary
designations executed before January 1, 1985, not invalidated. (1) Any life insurance policy or retirement plan
payment provision may designate as beneficiary:
(a) A trustee named or to be named by will, and
immediately after the proving of the will, the proceeds of
such insurance or of such plan designated as payable to that
trustee, in part or in whole, shall be paid to the trustee in
accordance with the beneficiary designation, to be held and
disposed of under the terms of the will governing the
testamentary trust; or
(b) A trustee named or to be named under a trust
agreement executed by the insured, the plan participant, or
any other person, and the proceeds of such insurance or
retirement plan designated as payable to such trustee, in part
or in whole, shall be paid to the trustee in accordance with
the beneficiary designation, to be held and disposed of by
the trustee as provided in such trust agreement; a trust is
valid even if the only corpus consists of the right of the
trustee to receive as beneficiary insurance or retirement plan
proceeds; any such trustee may also receive assets, other
than insurance or retirement plan proceeds, by testamentary
disposition or otherwise and, unless directed otherwise by the
transferor of the assets, shall administer all property of the
trust according to the terms of the trust agreement.
(2) If no qualified trustee makes claim to the insurance
policy or retirement plan proceeds from the insurance
company or the plan administrator within twelve months
after the death of the insured or plan participant, determination of the proper recipient of the proceeds shall be made
pursuant to the judicial or nonjudicial dispute resolution
procedures of chapter 11.96A RCW, unless prior to the
institution of the judicial procedures, a qualified trustee
makes claim to the proceeds, except that (a) if satisfactory
evidence is furnished the insurance company or plan administrator within the twelve-month period showing that no
[Title 11 RCW—page 116]
trustee can or will qualify to receive such proceeds, payment
shall be made to those otherwise entitled to the proceeds
under the terms of the policy or retirement plan, including
the terms of the beneficiary designation except that (b) if
there is any dispute as to the proper recipient of insurance
policy or retirement plan proceeds, the dispute shall be
resolved pursuant to the judicial or nonjudicial resolution
procedures in chapter 11.96A RCW.
(3) The proceeds of the insurance or retirement plan as
collected by the trustee are not subject to debts of the
insured or the plan participant to any greater extent than if
the proceeds were payable to any named beneficiary other
than the personal representative or the estate of the insured
or of the plan participant.
(4) For purposes of this section the following definitions
apply:
(a) "Plan administrator" means the person upon whom
claim must be made in order for retirement plan proceeds to
be paid upon the death of the plan participant.
(b) "Retirement plan" means any plan, account, deposit,
annuity, or benefit, other than a life insurance policy, that
provides for payment to a beneficiary designated by the plan
participant for whom the plan is established. The term
includes, without limitation, such plans regardless of source
of funding, and, for example, includes pensions, annuities,
stock bonus plans, employee stock ownership plans, profit
sharing plans, self-employed retirement plans, individual
retirement accounts, individual retirement annuities, and
retirement bonds, as well as any other retirement plan or
program.
(c) "Trustee" includes any custodian under chapter
11.114 RCW or any similar statutory provisions of any other
state and the terms "trust agreement" and "will" refer to the
provisions of chapter 11.114 RCW or such similar statutory
provisions of any other state.
(5) Enactment of this section does not invalidate life
insurance policy or retirement plan beneficiary designations
executed prior to January 1, 1985, naming a trustee established by will or by trust agreement. [1999 c 42 § 623;
1991 c 193 § 29; 1985 c 30 § 59. Prior: 1984 c 149 § 91.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Effective date—Severability—1991 c 193: See RCW 11.114.903
and 11.114.904.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.98.200 Beneficiary trustee—Limitations on
power. Due to the inherent conflict of interest that exists
between a trustee and a beneficiary of a trust, unless the
terms of a trust refer specifically to RCW 11.98.200 through
11.98.240 and provide expressly to the contrary, the powers
conferred upon a trustee who is a beneficiary of the trust,
other than the trustor as a trustee, cannot be exercised by the
trustee to make:
(1) Discretionary distributions of either principal or
income to or for the benefit of the trustee, except to provide
for the trustee’s health, education, maintenance, or support
as described under section 2041 or 2514 of the Internal
(2002 Ed.)
Trusts
Revenue Code and the applicable regulations adopted under
that section;
(2) Discretionary allocations of receipts or expenses as
between principal and income, unless the trustee acts in a
fiduciary capacity whereby the trustee has no power to
enlarge or shift a beneficial interest except as an incidental
consequence of the discharge of the trustee’s fiduciary
duties; or
(3) Discretionary distributions of either principal or
income to satisfy a legal obligation of the trustee.
A proscribed power under this section that is conferred
upon two or more trustees may be exercised by the trustees
that are not disqualified under this section. If there is no
trustee qualified to exercise a power proscribed under this
section, a person described in RCW 11.96A.080 who is
entitled to seek judicial proceedings with respect to a trust
may apply to a court of competent jurisdiction to appoint
another trustee who would not be disqualified, and the power
may be exercised by another trustee appointed by the court.
Alternatively, another trustee who would not be disqualified
may be appointed in accordance with the provisions of the
trust instrument if the procedures are provided, or as set
forth in RCW 11.98.039 as if the office of trustee were
vacant, or by a nonjudicial dispute resolution agreement
under RCW 11.96A.220. [1999 c 42 § 624; 1994 c 221 §
65; 1993 c 339 § 2.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Application—1994 c 221: "The 1994 c 221 amendments to RCW
11.98.200(3) are remedial in nature and apply retroactively to July 25,
1993." [1994 c 221 § 74.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Severability—1993 c 339: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 339 § 14.]
11.98.210 Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of
removal. If a trustee is a beneficiary of the trust and the
trust instrument confers the power to make distributions of
principal or income for the trustee’s health, education,
support, or maintenance as described in section 2041 or 2514
of the Internal Revenue Code and the applicable regulations
adopted under that section, then a trust provision purporting
to confer "absolute," "sole," "complete," "conclusive," or a
similar discretion relating to the exercise of such trustee
powers shall be disregarded in the exercise of the power, and
the power may then only be exercised reasonably and in
accordance with the ascertainable standard as set forth in
RCW 11.98.200 and this section. A person who has the
right to remove or to replace a trustee does not possess nor
may the person be deemed to possess by virtue of having
that right the powers of the trustee who is subject to removal
or replacement. [1993 c 339 § 3.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.98.220 Beneficiary trustee—Inferences of law—
Judicial review. RCW 11.98.200 through 11.98.240 do not
raise any inference that the law of this state prior to July 25,
1993, was different than under RCW 11.98.200 through
11.98.240. Further, RCW 11.98.200 through 11.98.240 do
(2002 Ed.)
11.98.200
not raise an inference that prior to July 25, 1993, a trustee’s
exercise or failure to exercise a power described in RCW
11.98.200 through 11.98.240 was not subject to review by a
court of competent jurisdiction for abuse of discretion or
breach of fiduciary duty under chapter 11.96A RCW or other
applicable law. Following July 25, 1993, the power of judicial review continues to apply. [1999 c 42 § 625; 1993 c
339 § 4.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Severability—1993 c 339: See note following RCW 11.98.200.
11.98.230 Beneficiary trustee—Income under
marital deduction—Spousal power of appointment.
Notwithstanding any provision of RCW 11.98.200 through
11.98.240 seemingly to the contrary, RCW 11.98.200
through 11.98.240 do not limit or restrict the distribution of
income of a trust that qualifies or that otherwise could have
qualified for the marital deduction under section 2056 or
2523 of the Internal Revenue Code, those Internal Revenue
Code sections requiring that all income be distributed to the
spouse of the decedent or of the trustor at least annually,
whether or not an election was in fact made under section
2056(b)(7) or 2523(f) of the Internal Revenue Code.
Further, RCW 11.98.200 through 11.98.240 do not limit or
restrict the power of a spouse of the trustor or the spouse of
the decedent to exercise a power of appointment described
in section 2056(b)(5) or 2523(e) of the Internal Revenue
Code with respect to that portion of the trust that could
otherwise qualify for the marital deduction under either of
those Internal Revenue Code sections. [1993 c 339 § 5.]
Severability—1993 c 339: See note following RCW 11.98.200.
11.98.240 Beneficiary trustee—Applicability—
Exceptions—Election of exception—Cause of action.
(1)(a) RCW 11.98.200 and 11.98.210 respectively apply to:
(i) A trust established under a will, codicil, trust
agreement, declaration of trust, deed, or other instrument
executed after July 25, 1993, unless the instrument’s terms
refer specifically to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary. However, except
for RCW 11.98.200(3), the 1994 c 221 amendments to RCW
11.98.200 apply to a trust established under a will, codicil,
trust agreement, declaration of trust, deed, or other instrument executed after January 1, 1995, unless the instrument’s
terms refer specifically to RCW 11.98.200 and provide
expressly to the contrary.
(ii) A trust created under a will, codicil, trust agreement,
declaration of trust, deed, or other instrument executed
before July 25, 1993, unless:
(A) The trust is revoked or amended and the terms of
the amendment refer specifically to RCW 11.98.200 and
provide expressly to the contrary;
(B) All parties in interest, as defined in subsection (3)
of this section elect affirmatively, in the manner prescribed
in subsection (4) of this section, not to be subject to the
application of this subsection. The election must be made by
the later of September 1, 2000, or three years after the date
on which the trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a
declaration of rights or legal relations under RCW
[Title 11 RCW—page 117]
11.98.240
Title 11 RCW: Probate and Trust Law
11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent
with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, RCW
11.98.200 and 11.98.210 respectively apply to a trust
established under a will or codicil of a decedent dying on or
after July 25, 1993, and to an inter vivos trust to which the
trustor had on or after July 25, 1993, the power to terminate,
revoke, amend, or modify, unless:
(i) The terms of the instrument specifically refer to
RCW 11.98.200 or 11.98.210 respectively and provide
expressly to the contrary; or
(ii) The decedent or the trustor was not competent, on
July 25, 1993, to change the disposition of his or her
property, or to terminate, revoke, amend, or modify the trust,
and did not regain his or her competence to dispose, terminate, revoke, amend, or modify before the date of the
decedent’s death or before the trust could not otherwise be
revoked, terminated, amended, or modified by the decedent
or trustor.
(2) RCW 11.98.200 neither creates a new cause of
action nor impairs an existing cause of action that, in either
case, relates to a power proscribed under RCW 11.98.200
that was exercised before July 25, 1993. RCW 11.98.210
neither creates a new cause of action nor impairs an existing
cause of action that, in either case, relates to a power
proscribed, limited, or qualified under RCW 11.98.210.
(3) For the purpose of subsection (1)(a)(ii) of this
section, "parties in interest" means those persons identified
as "parties" under RCW 11.96A.030(4).
(4) The affirmative election required under subsection
(1)(a)(ii)(B) of this section must be made in the following
manner:
(a) If the trust is revoked or amended, through a
revocation of or an amendment to the trust; or
(b) Through a nonjudicial dispute resolution agreement
described in RCW 11.96A.220. [1999 c 42 § 626; 1997 c
252 § 76; 1994 c 221 § 66; 1993 c 339 § 6.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Severability—1993 c 339: See note following RCW 11.98.200.
11.98.900 Application of RCW 11.98.130 through
11.98.160. The provisions of RCW 11.98.130 through
11.98.160 are applicable to any instrument purporting to
create a trust regardless of the date such instrument bears,
unless it has been previously adjudicated in the courts of this
state. [1985 c 30 § 60. Prior: 1984 c 149 § 93; 1971 ex.s.
c 229 § 1; 1965 c 145 § 11.98.050; prior: 1959 c 146 § 5.
Formerly RCW 11.98.050.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Effective date—1959 c 146: The effective date of 1959 c 146, herein
reenacted by 1965 c 145 § 11.98.050, was midnight June 10, 1959, see
preface 1959 session laws.
11.98.910 Severability—1959 c 124. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
[Title 11 RCW—page 118]
the other provisions or applications of the chapter which can
be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to
be severable. [1985 c 30 § 61. Prior: 1959 c 124 § 11.
Formerly RCW 30.99.900.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.920 Short title. This act shall be known as the
"Washington Trust Act." [1985 c 30 § 62. Prior: 1959 c
124 § 12. Formerly RCW 30.99.910.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.99
CONSTRUCTION
Sections
11.99.010
11.99.013
11.99.015
11.99.020
11.99.030
Effective date of title.
Headings not part of law.
Repeal.
Savings clause—Rights not affected.
Severability—1965 c 145.
11.99.010 Effective date of title. This title shall take
effect and be in force on and after the first day of July,
1967; except that sections 11.44.055, 11.44.065, 11.44.070
and 11.44.080 shall take effect on July 1, 1965, and the
repeal of the following acts or parts of acts as listed in
section 11.99.015 shall also take effect on July 1, 1965, to
wit: In subsection (10), section 1444, Code of 1881; in
subsection (47), section 95, chapter 156, Laws of 1917; in
subsection (48), section 1, chapter 23, Laws of 1919; in
subsection (64), section 1, chapter 112, Laws of 1929; in
subsection (66), section 123, chapter 180, Laws of 1935; in
subsection (71), section 8, chapter 202, Laws of 1939; and
in subsection (111), section 83.16.040, chapter 15, Laws of
1961. Except as above provided the procedures herein
prescribed shall govern all proceedings in probate brought
after the effective date of the title and, also, all further
procedure and proceedings in probate then pending, except
to the extent that in the opinion of the court their application
in particular proceedings or part thereof would not be
feasible or would work injustice, in which event the former
procedure shall apply. [1965 c 145 § 11.99.010.]
11.99.013 Headings not part of law. Title headings,
chapter headings, and section or subsection headings, as used
in this title do not constitute any part of the law. [1965 c
145 § 11.99.013.]
11.99.015
Repeal. See 1965 c 145 § 11.99.015.
11.99.020 Savings clause—Rights not affected. No
act done in any proceeding commenced before this title takes
effect and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon
the expiration of a prescribed period of time which has
commenced to run by the provisions of any statute in force
before this title takes effect, such provisions shall remain in
(2002 Ed.)
Construction
force and be deemed a part of this code with respect to such
right. [1965 c 145 § 11.99.020.]
11.99.030 Severability—1965 c 145. If any provisions of this title or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the title which can be
given effect without the invalid provision or application, and,
to this end, provisions of this title are declared to be severable. [1965 c 145 § 11.99.030.]
Chapter 11.100
INVESTMENT OF TRUST FUNDS
Sections
11.100.010 Provisions of chapter to control—Alteration by controlling
instrument.
11.100.015 Guardians, guardianships and funds are subject to chapter.
11.100.020 Management of trust assets by fiduciary.
11.100.023 Authority of fiduciary to invest in certain enterprises.
11.100.025 Marital deduction interests.
11.100.030 Investment in savings accounts—Requirements.
11.100.035 Investments in securities of certain investment trusts.
11.100.037 Investment or distribution of funds held in fiduciary capacity—Deposit in other departments authorized—Collateral
security required, exception.
11.100.040 Court may permit deviation from terms of trust instrument.
11.100.045 Fiduciary—Duty to beneficiaries.
11.100.047 Fiduciary—Duty to diversify.
11.100.050 Scope of chapter.
11.100.060 Fiduciary may hold and retain trust property—Investments—
Liability.
11.100.070 Meaning of terms in trust instrument.
11.100.090 Dealings with self or affiliate.
11.100.120 Use of trust funds for life insurance.
11.100.130 Person to whom power or authority to direct or control acts
of fiduciary or investments of a trust is conferred
deemed a fiduciary—Liability.
11.100.140 Notice and procedure for nonroutine transactions.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.100.010 Provisions of chapter to control—
Alteration by controlling instrument. Any corporation,
association, or person handling or investing trust funds as a
fiduciary shall be governed in the handling and investment
of such funds as in this chapter specified. A fiduciary who
invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with requirements of this chapter. The specific requirements of this chapter may be
expanded, restricted, eliminated, or otherwise altered by
provisions of the controlling instrument. [1995 c 307 § 1;
1985 c 30 § 63. Prior: 1955 c 33 § 30.24.010; prior: 1947
c 100 § 1; Rem. Supp. 1947 § 3255-10a. Formerly RCW
30.24.010.]
Application—1995 c 307: "This act applies prospectively only and
not retroactively." [1995 c 307 § 7.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.015 Guardians, guardianships and funds are
subject to chapter. In addition to other fiduciaries, a
guardian of any estate is a fiduciary within the meaning of
this chapter; and in addition to other trusts, a guardianship of
any estate is a trust within the meaning of this chapter; and
(2002 Ed.)
11.99.020
in addition to other trust funds, guardianship funds are trust
funds within the meaning of this chapter. [1985 c 30 § 64.
Prior: 1955 c 33 § 30.24.015; prior: 1951 c 218 § 1.
Formerly RCW 30.24.015.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.020 Management of trust assets by fiduciary.
(1) A fiduciary is authorized to acquire and retain every kind
of property. In acquiring, investing, reinvesting, exchanging,
selling and managing property for the benefit of another, a
fiduciary, in determining the prudence of a particular investment, shall give due consideration to the role that the proposed investment or investment course of action plays within
the overall portfolio of assets. In applying such total asset
management approach, a fiduciary shall exercise the judgment and care under the circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to
speculation but in regard to the permanent disposition of
their funds, and if the fiduciary has special skills or is named
trustee on the basis of representations of special skills or
expertise, the fiduciary is under a duty to use those skills.
(2) Except as may be provided to the contrary in the
instrument, the following are among the factors that should
be considered by a fiduciary in applying this total asset
management approach:
(a) The probable income as well as the probable safety
of their capital;
(b) Marketability of investments;
(c) General economic conditions;
(d) Length of the term of the investments;
(e) Duration of the trust;
(f) Liquidity needs;
(g) Requirements of the beneficiary or beneficiaries;
(h) Other assets of the beneficiary or beneficiaries,
including earning capacity; and
(i) Effect of investments in increasing or diminishing
liability for taxes.
(3) Within the limitations of the foregoing standard, and
subject to any express provisions or limitations contained in
any particular trust instrument, a fiduciary is authorized to
acquire and retain every kind of property, real, personal, or
mixed, and every kind of investment specifically including
but not by way of limitation, debentures and other corporate
obligations, and stocks, preferred or common, which persons
of prudence, discretion, and intelligence acquire for their
own account. [1995 c 307 § 2; 1985 c 30 § 65. Prior:
1984 c 149 § 97; 1955 c 33 § 30.24.020; prior: 1947 c 100
§ 2; Rem. Supp. 1947 § 3255-10b. Formerly RCW
30.24.020.]
Application—1995 c 307: See note following RCW 11.100.010.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Endowment care funds to be invested in accordance with RCW 11.100.020:
RCW 68.44.030.
11.100.023 Authority of fiduciary to invest in
certain enterprises. Subject to the standards of RCW
11.100.020, a fiduciary is authorized to invest in new, un[Title 11 RCW—page 119]
11.100.023
Title 11 RCW: Probate and Trust Law
proven, untried, or other enterprises with a potential for
significant growth whether producing a current return, either
by investing directly therein or by investing as a limited
partner or otherwise in one or more commingled funds
which in turn invest primarily in such enterprises. The
aggregate amount of investments held by a fiduciary under
the authority of this section valued at cost shall not exceed
ten percent of the net fair market value of the trust corpus,
including investments made under the authority of this
section valued at fair market value, immediately after any
such investment is made. Any investment which would have
been authorized by this section if in force at the time the
investment was made is hereby authorized. [1985 c 30 § 66.
Prior: 1984 c 149 § 98.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Securities in default ineligible for investment: RCW 30.24.080.
11.100.025 Marital deduction interests. Notwithstanding RCW 11.98.070(21)(a), 11.100.060, or any other
statutory provisions to the contrary, with respect to trusts
which require by their own terms or by operation of law that
all income be paid at least annually to the spouse of the
trust’s creator, which do not provide that on the termination
of the income interest that the entire then remaining trust
estate be paid to the estate of the spouse of the trust’s
creator, and for which a federal estate or gift tax marital
deduction is claimed, any investment in or retention of
unproductive property is subject to a power in the spouse of
the trust’s creator to require either that any such asset be
made productive, or that it be converted to productive assets
within a reasonable period of time unless the instrument
creating the interest provides otherwise. [1985 c 30 § 67.
Prior: 1984 c 149 § 99.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Securities in default ineligible for investment: RCW 30.24.080.
11.100.030 Investment in savings accounts—
Requirements. A corporation doing a trust business may
invest trust funds in savings accounts with itself to the extent
that deposits are insured by an agency of the federal government. Additional trust funds may be so invested by the
corporation only if it first sets aside under the control of its
trust department as collateral security:
(1) Direct obligations of the United States or other
obligations fully guaranteed by the United States as to
principal and interest; or
(2) Bonds or other obligations which constitute general
obligations of any state of the United States or municipal
subdivision thereof.
The securities so deposited or securities substituted
therefor as collateral shall at all times be at least equal in
market value to the amount of the funds so deposited. [1985
c 30 § 68. Prior: 1984 c 149 § 101; 1967 c 133 § 3; 1955
c 33 § 30.24.030; prior: 1947 c 100 § 3; Rem. Supp. 1947
§ 3255-10c. Formerly RCW 30.24.030.]
[Title 11 RCW—page 120]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.100.035 Investments in securities of certain
investment trusts. (1) Within the standards of judgment
and care established by law, and subject to any express
provisions or limitations contained in any particular trust
instrument, guardians, trustees, and other fiduciaries, whether
individual or corporate, are authorized to acquire and retain
securities of any open-end or closed-end management type
investment company or investment trust registered under the
federal investment company act of 1940 as now or hereafter
amended.
(2) Within the limitations of subsection (1) of this
section, whenever the trust instrument directs, requires,
authorizes, or permits investment in obligations of the United
States government, the fiduciary may invest in and hold such
obligations either directly or in the form of securities of, or
other interests in, an open-end or closed-end management
type investment company or investment trust registered
under the federal investment company act of 1940, as now
or hereafter amended, if both of the following conditions are
met:
(a) The portfolio of the investment company or investment trust is limited to obligations of the United States and
to repurchase agreements fully collateralized by such
obligations; and
(b) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian.
(3) If the fiduciary is a bank or trust company, then the
fact that the fiduciary, or an affiliate of the fiduciary,
provides services to the investment company or investment
trust such as that of an investment advisor, custodian,
transfer agent, registrar, sponsor, distributor, manager, or
otherwise, and is receiving reasonable compensation for
those services does not preclude the bank or trust company
from investing or reinvesting in the securities of the openend or closed-end management investment company or
investment trust. The fiduciary shall furnish a copy of the
prospectus relating to the securities to each person to whom
a regular periodic accounting would ordinarily be rendered
under the trust instrument or under RCW 11.106.020, upon
the request of that person. The restrictions set forth under
RCW 11.100.090 may not be construed as prohibiting the
fiduciary powers granted under this subsection. [1995 c 307
§ 3; 1994 c 221 § 68; 1989 c 97 § 1; 1985 c 30 § 69. Prior:
1955 c 33 § 30.24.035; prior: 1951 c 132 § 1. Formerly
RCW 30.24.035.]
Application—1995 c 307: See note following RCW 11.100.010.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.037 Investment or distribution of funds held
in fiduciary capacity—Deposit in other departments
authorized—Collateral security required, exception.
Funds held by a bank or trust company in a fiduciary
capacity awaiting investment or distribution shall not be held
uninvested or undistributed any longer than is reasonable for
(2002 Ed.)
Investment of Trust Funds
the proper management of the account. These funds,
including managing agency accounts, may, unless prohibited
by the instrument creating the trust or by other statutes of
this state, be deposited in the commercial or savings or other
department of the bank or trust company, only if the bank or
trust company first sets aside under control of the trust
department as collateral security:
(1) Direct obligations of the United States or other
obligations fully guaranteed by the United States as to
principal and interest; or
(2) Bonds or other obligations which constitute general
obligations of any state of the United States or municipal
subdivision thereof.
The securities so deposited or securities substituted
therefor as collateral shall at all times be at least equal in
market value to the amount of the funds so deposited, but
such security shall not be required to the extent that the
funds so deposited are insured by an agency of the federal
government. [1985 c 30 § 70. Prior: 1984 c 149 § 104;
1967 c 133 § 4. Formerly RCW 30.24.037.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.100.040 Court may permit deviation from terms
of trust instrument. Nothing contained in this chapter shall
be construed as restricting the power of a court of proper
jurisdiction to permit a fiduciary to deviate from the terms
of any will, agreement, or other instrument relating to the
acquisition, investment, reinvestment, exchange, retention,
sale, or management of fiduciary property. [1985 c 30 § 71.
Prior: 1955 c 33 § 30.24.040; prior: 1947 c 100 § 4; Rem.
Supp. 1947 § 3255-10d. Formerly RCW 30.24.040.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.045 Fiduciary—Duty to beneficiaries. A
fiduciary shall invest and manage the trust assets solely in
the interests of the trust beneficiaries. If a trust has two or
more beneficiaries, the fiduciary shall act impartially in
investing and managing the trust assets, taking into account
any differing interests of the beneficiaries. [1995 c 307 § 4.]
Application—1995 c 307: See note following RCW 11.100.010.
11.100.047 Fiduciary—Duty to diversify. Subject to
the provisions of RCW 11.100.060 and any express provisions in the trust instrument to the contrary, a fiduciary shall
diversify the investments of the trust unless the fiduciary
reasonably determines that, because of special circumstances,
the purposes of the trust are better served without diversifying. [1995 c 307 § 5.]
Application—1995 c 307: See note following RCW 11.100.010.
11.100.050 Scope of chapter. The provisions of this
chapter govern fiduciaries acting under wills, agreements,
court orders, and other instruments effective before or after
January 1, 1985. [1985 c 30 § 72. Prior: 1984 c 149 §
107; 1955 c 33 § 30.24.050; prior: 1947 c 100 § 5; Rem.
Supp. 1947 § 3255-10e. Formerly RCW 30.24.050.]
(2002 Ed.)
11.100.037
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.100.060 Fiduciary may hold and retain trust
property—Investments—Liability. Subject to express
provisions to the contrary in the trust instrument, any fiduciary may hold and retain any real or personal property
received into or acquired by the trust from any source.
Except as to trust property acquired for consideration, a
fiduciary may hold and retain any such property without
need for diversification as to kinds or amount and whether
or not the property is income producing.
Any fiduciary may invest funds held in trust under an
instrument creating the trust in any manner and in any
investment or in any class of investments authorized by the
instrument.
The investments described in this section are permissible
even though the securities or other property are not permitted
under other provisions of this chapter, and even though the
securities may be securities issued by the corporation that is
the fiduciary.
A fiduciary is not liable for any loss incurred with
respect to any investment held under the authority of or
pursuant to this section if that investment was permitted
when received or when the investment was made by the
fiduciary, and if the fiduciary exercises due care and
prudence in the disposition or retention of any such investment. [1985 c 30 § 73. Prior: 1984 c 149 § 108.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.100.070 Meaning of terms in trust instrument.
The terms "legal investment" or "authorized investment" or
words of similar import, as used in any such instrument,
shall be taken to mean any investment which is permitted by
the terms of RCW 11.100.020. [1985 c 30 § 74. Prior:
1984 c 149 § 110; 1955 c 33 § 30.24.070; prior: 1947 c 100
§ 7; 1941 c 41 § 13; Rem. Supp. 1947 § 3255-13. Formerly
RCW 30.24.070.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.100.090 Dealings with self or affiliate. Unless the
instrument creating the trust expressly provides to the
contrary, any fiduciary in carrying out the obligations of the
trust, may not buy or sell investments from or to himself,
herself, or itself or any affiliated or subsidiary company or
association. This section shall not be construed as prohibiting the trustee’s powers under RCW 11.98.070(12). [1985
c 30 § 75. Prior: 1984 c 149 § 111; 1955 c 33 § 30.24.090;
prior: 1947 c 100 § 9; 1941 c 41 § 17; Rem. Supp. 1947 §
3255-17. Formerly RCW 30.24.090.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
[Title 11 RCW—page 121]
11.100.120
Title 11 RCW: Probate and Trust Law
11.100.120 Use of trust funds for life insurance.
Subject to the standards of RCW 11.100.020, a fiduciary is
authorized to use trust funds to acquire life insurance upon
the life of any beneficiary or upon the life of another in
whose life such beneficiary has an insurable interest. [1985
c 30 § 76. Prior: 1984 c 149 § 112; 1973 1st ex.s. c 89 §
1. Formerly RCW 30.24.120.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Insurable interest, guardian, trustee or other fiduciary: RCW
48.18.030(3)(d).
11.100.130 Person to whom power or authority to
direct or control acts of fiduciary or investments of a
trust is conferred deemed a fiduciary—Liability. Whenever power or authority to direct or control the acts of a
fiduciary or the investments of a trust is conferred directly
or indirectly upon any person other than the designated
trustee of the trust, such person shall be deemed to be a
fiduciary and shall be liable to the beneficiaries of the trust
and to the designated trustee to the same extent as if he or
she were a designated trustee in relation to the exercise or
nonexercise of such power or authority. [1995 c 307 § 6;
1985 c 30 § 77. Prior: 1973 1st ex.s. c 89 § 2. Formerly
RCW 30.24.130.]
Application—1995 c 307: See note following RCW 11.100.010.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.140 Notice and procedure for nonroutine
transactions. (1) A trustee shall not enter into a significant
nonroutine transaction in the absence of a compelling
circumstance without:
(a) Providing the written notice called for by subsection
(4) of this section; and
(b) If the significant nonroutine transaction is of the
type described in subsection (2)(a) of this section, obtaining
an independent appraisal, or selling in an open-market
transaction.
(2) A "significant nonroutine transaction" for the
purpose of this section is defined as any of the following:
(a) Any sale, option, lease, or other agreement, binding
for a period of ten years or more, dealing with any interest
in real estate other than real estate purchased by the trustee
or a vendor’s interest in a real estate contract, the value of
which constitutes twenty-five percent or more of the net fair
market value of trust principal at the time of the transaction;
or
(b) The sale of any item or items of tangible personal
property, including a sale of precious metals or investment
gems other than precious metals or investment gems purchased by the trustee, the value of which constitutes twentyfive percent or more of the net fair market value of trust
principal at the time of the transaction; or
(c) The sale of shares of stock in a corporation whose
stock is not traded on the open market, if the stock in
question constitutes more than twenty-five percent of the
corporation’s outstanding shares; or
(d) The sale of shares of stock in any corporation where
the stock to be sold constitutes a controlling interest, or
[Title 11 RCW—page 122]
would cause the trust to no longer own a controlling interest,
in the corporation.
(3) A "compelling circumstance" for the purpose of this
section is defined as a condition, fact, or event that the
trustee believes necessitates action without compliance with
this section in order to avoid immediate and significant
detriment to the trust. If faced with a compelling circumstance, the trustee shall give the notice called for in subsection (4) of this section and may thereafter enter into the
significant nonroutine transaction without waiting for the
expiration of the twenty-day period.
(4) The written notice required by this section shall set
forth such material facts as necessary to advise properly the
recipient of the notice of the nature and terms of the intended transaction. This notice shall be given to the trustor, if
living, to each person who is eighteen years or older and to
whom income is presently payable or for whom income is
presently being accumulated for distribution as income and
for whom an address is known to the trustee, and to the
attorney general if the trust is a charitable trust under RCW
11.110.020. The notice shall be mailed by United States
certified mail, postage prepaid, return receipt requested, to
the recipient’s last-known address, or may be personally
served, at least twenty days prior to the trustee entering into
any binding agreements.
(5) The trustor, if living, or persons entitled to notice
under this section may, by written instrument, waive any
requirement imposed by this section.
(6) Except as required by this section for nonroutine
transactions defined in subsection (2) of this section, a
trustee shall not be required to notify beneficiaries of a trust
of the trustee’s intended action, to obtain an independent
appraisal, or to sell in an open-market transaction.
(7) Any person dealing with a trustee may rely upon the
trustee’s written statement that the requirements of this
section have been met for a particular transaction. If a
trustee gives such a statement, the transaction shall be final
unless the party relying on the statement has actual knowledge that the requirements of this section have not been met.
(8) The requirements of this section, and any similar
requirements imposed by prior case law, shall not apply to
personal representatives or to those trusts excluded from the
definition of express trusts under RCW 11.98.009. [1985 c
30 § 78. Prior: 1984 c 149 § 114.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 11.102
COMMON TRUST FUNDS
Sections
11.102.010 Funds authorized—Investment—Rules and regulations—
"Affiliated" defined.
11.102.020 Accounting.
11.102.030 Applicability of chapter.
11.102.040 Interpretation of chapter.
11.102.050 Short title.
11.102.010 Funds authorized—Investment—Rules
and regulations—"Affiliated" defined. Any bank or trust
(2002 Ed.)
Common Trust Funds
company qualified to act as fiduciary in this state, or in any
other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may establish common
trust funds for the purpose of furnishing investments to itself
and its affiliated or related bank or trust company as fiduciary, or to itself and its affiliated or related bank or trust
company, and others, as cofiduciaries; and may, as such
fiduciary or cofiduciary, invest funds which it lawfully holds
for investment in interests in such common trust funds, if
such investment is not prohibited by the instrument, judgment, decree, or order creating such fiduciary relationship,
and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciary or cofiduciaries to
such investment: PROVIDED, That any bank or trust
company qualified to act as fiduciary in the state of its
charter, which is not a member of the federal reserve system,
shall, in the operation of such common trust fund, comply
with the rules and regulations as made from time to time by
the director of financial institutions in the state where
chartered and in Washington the director is hereby authorized and empowered to make such rules and regulations as
he or she may deem necessary and proper in the premises.
"Affiliated" as used in this section means two or more
banks or trust companies:
(1) In which twenty-five percent or more of their voting
shares, excluding shares owned by the United States or by
any company wholly owned by the United States, are
directly or indirectly owned or controlled by a holding
company; or
(2) In which the election of a majority of the directors
is controlled in any manner by a holding company. [1994
c 92 § 1; 1985 c 30 § 79. Prior: 1979 c 105 § 1; 1955 c 33
§ 30.28.010; prior: 1943 c 55 § 1; Rem. Supp. 1943 § 3388.
Formerly RCW 30.28.010.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.020 Accounting. Unless ordered by a court of
competent jurisdiction the bank or trust company operating
such common trust funds is not required to render a court
accounting with regard to such funds; but it may, by application to the superior court, secure approval of such an
accounting on such conditions as the court may establish.
[1985 c 30 § 80. Prior: 1955 c 33 § 30.28.020; prior: 1943
c 55 § 2; Rem. Supp. 1943 § 3388-1. Formerly RCW
30.28.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.030 Applicability of chapter. This chapter
shall apply to fiduciary relationships in existence on June 11,
1943, or thereafter established. [1985 c 30 § 81. Prior:
1955 c 33 § 30.28.030; prior: 1943 c 55 § 7; Rem. Supp.
1943 § 3388-6. Formerly RCW 30.28.030.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.040 Interpretation of chapter. This chapter
shall be so interpreted and construed to effectuate its general
purpose to make uniform the laws of those states which
enact it. [1985 c 30 § 82. Prior: 1955 c 33 § 30.28.040;
(2002 Ed.)
11.102.010
prior: 1943 c 55 § 3; Rem. Supp. 1943 § 3388-2. Formerly
RCW 30.28.040.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.050 Short title. This chapter may be cited as
the uniform common trust fund act. [1985 c 30 § 83. Prior:
1955 c 33 § 30.28.050; prior: 1943 c 55 § 4; Rem. Supp.
1943 § 3388-3. Formerly RCW 30.28.050.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.104
WASHINGTON PRINCIPAL AND INCOME ACT
Sections
11.104.010
11.104.020
11.104.030
11.104.040
11.104.050
11.104.060
11.104.070
11.104.071
11.104.080
11.104.090
11.104.100
11.104.110
Definitions.
Duty of trustee as to receipts and expenditures.
Income—Principal—Charges.
When right to income arises—Apportionment of income.
Income earned during administration of a decedent’s estate.
Corporate distribution.
Bond premium and discount.
Charitable remainder unitrusts.
Trade, business and farming operations.
Disposition of receipts from natural resources.
Timber.
Other property subject to deferred payment right—Inventory
value determination.
11.104.120 Underproductive property—Definition.
11.104.130 Charges against income and principal.
11.104.900 Application of chapter.
11.104.901 Application of RCW 11.104.010 through 11.104.130 as of
January 1, 1985.
11.104.910 Short title.
11.104.920 Severability—1971 c 74.
11.104.930 Section headings not part of law.
11.104.940 Effective date—1971 c 74.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.104.010 Definitions. (Effective until January 1,
2003.) As used in this chapter:
(1) "Income beneficiary" means the person to whom
income is presently payable or for whom it is accumulated
for distribution as income;
(2) Except as provided in RCW 11.104.110, "inventory
value" means the cost of property purchased by the trustee
and the cost or adjusted basis for federal income tax purposes of other property at the time it became subject to the
trust, but in the case of a trust asset that is included on any
death tax return the trustee may, but need not, use the value
finally determined for the purposes of the federal estate tax
if applicable, otherwise for another estate or inheritance tax;
(3) "Remainderman" means the person entitled to
principal, including income which has been accumulated and
added to principal. [1997 c 252 § 78; 1985 c 30 § 84.
Prior: 1984 c 149 § 116; 1971 c 74 § 1.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.020 Duty of trustee as to receipts and
expenditures. (Effective until January 1, 2003.) (1) A
[Title 11 RCW—page 123]
11.104.020
Title 11 RCW: Probate and Trust Law
trust shall be administered with due regard to the respective
interests of income beneficiaries and remaindered. A trust
is so administered with respect to the allocation of receipts
and expenditures if a receipt is credited or an expenditure is
charged to income or principal or partly to each:
(a) In accordance with the terms of the trust instrument,
notwithstanding contrary provisions of this chapter;
(b) In the absence of any contrary terms of the trust
instrument, in accordance with the provisions of this chapter;
or
(c) If neither of the preceding rules of administration is
applicable, in accordance with what is reasonable and
equitable in view of the interests of those entitled to income
as well as of those entitled to principal, and in view of the
manner in which persons of prudence, discretion, and intelligence would act in the management of their own affairs.
(2) If the trust instrument gives the trustee discretion in
crediting a receipt or charging an expenditure to income or
principal or partly to each, no inference of imprudence or
partiality arises from the fact that the trustee has made an
allocation consistent with the instrument but that is contrary
to a provision of this chapter. [1985 c 30 § 85. Prior: 1984
c 149 § 117; 1971 c 74 § 2.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.030 Income—Principal—Charges. (Effective
until January 1, 2003.) (1) Income is the return in money
or property derived from the use of principal, including:
(a) Rent of real or personal property, including sums
received for cancellation or renewal of a lease;
(b) Interest on money lent, including sums received as
consideration for the privilege of prepayment of principal
except as provided in RCW 11.104.070 on bond premiums
and bond discounts;
(c) Income earned during administration of a decedent’s
estate as provided in RCW 11.104.050;
(d) Corporate distributions as provided in RCW
11.104.060;
(e) Increment in value on bonds or other obligations
issued at a discount as provided in RCW 11.104.070;
(f) Receipts from business and farming operations as
provided in RCW 11.104.080;
(g) Receipts from disposition of natural resources as
provided in RCW 11.104.090 and 11.104.100;
(h) Receipts from other principal subject to depletion as
provided in RCW 11.104.110; and
(i) Receipts from disposition of underproductive
property as provided in RCW 11.104.120.
(2) Principal is the property which has been set aside by
the owner or the person legally empowered so that it is held
in trust eventually to be delivered to a remainderman while
the return on or use of the principal is in the meantime taken
or received by or held for accumulation for an income
beneficiary. Principal includes:
(a) Consideration received by the trustee on the sale or
other transfer of principal or on repayment of a loan or as a
refund or replacement or change in the form of principal;
(b) Proceeds of property taken on eminent domain
proceedings;
[Title 11 RCW—page 124]
(c) Proceeds of insurance upon property forming part of
the principal except proceeds of insurance upon a separate
interest of an income beneficiary;
(d) Stock dividends, receipts on liquidation of a corporation, and other corporate distributions as provided in RCW
11.104.060;
(e) Receipts from the disposition of corporate securities,
bonds, or other obligations for the payment of money as
provided in RCW 11.104.070;
(f) Royalties and other receipts from disposition of
natural resources as provided in RCW 11.104.090 and
11.104.100;
(g) Receipts from other principal subject to depletion as
provided in RCW 11.104.110;
(h) Any profit resulting from any change in the form of
principal except as provided in RCW 11.104.120 on
underproductive property;
(i) Receipts from disposition of underproductive
property as provided in RCW 11.104.120; and
(j) Any allowances for depreciation established under
RCW 11.104.080 and 11.104.130(1)(b).
(3) After determining income and principal in accordance with the terms of the trust instrument or of this
chapter, the trustee shall charge to income or principal expenses and other charges as provided in RCW 11.104.130.
[1985 c 30 § 86. Prior: 1984 c 149 § 118; 1971 c 74 § 3.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.040 When right to income arises—
Apportionment of income. (Effective until January 1,
2003.) (1) An income beneficiary is entitled to income from
the date specified in the trust instrument, or, if none is
specified, from the date an asset becomes subject to the trust.
In the case of an asset becoming subject to a trust by reason
of a will, it becomes subject to the trust as of the date of the
death of the testator even though there is an intervening
period of administration of the testator’s estate.
(2) Subject to subsection (2)(a) and (b) of this section,
in the administration of a decedent’s estate or of an asset
becoming subject to a trust by reason of a will all receipts
paid on or before the date of death of the testator are
principal and all receipts paid after that date are income.
(a) Notwithstanding the foregoing, receipts due but not
paid on or before the date of death of the testator are
principal; and
(b) Receipts in the form of periodic payments (other
than corporate distributions to stockholders), including rent,
interest, or annuities, not due on or before the date of the
death of the testator shall be treated as accruing from day to
day. That portion of the receipt accruing before the date of
death is principal, and the balance is income.
(3) In all other cases, any receipt from an income
producing asset is income even though the receipt was
earned or accrued in whole or in part before the date when
the asset became subject to the trust.
(4) On the termination of an income beneficiary’s
income interest, if such interest was not subject to any
discretion to withhold, accumulate, or distribute income to or
for any other beneficiary, then income on hand but undistrib(2002 Ed.)
Washington Principal and Income Act
uted belongs to that income beneficiary or that beneficiary’s
estate, except that if the income beneficiary is the surviving
spouse of the testator or grantor of the trust and the income
interest otherwise qualifies for the marital deduction on any
federal estate or gift tax return, then all accrued but undistributed income is subject to a testamentary general power of
appointment in the surviving spouse, exercisable as provided
in RCW 11.95.060 by specific reference to this statutory
provision, to appoint the same to himself or herself, or to his
or her estate. All undistributed income not disposed of
under the foregoing provisions of this subsection shall be
held and distributed as part of the next eventual interest or
estate in accordance with the provisions of the will or trust
relating to such next eventual interest or estate.
(5) Corporate distributions to stockholders shall be
treated as due on the date fixed by the corporation for
determination of stockholders of record entitled to distribution, or if no date is fixed, on the date of declaration of
the distribution by the corporation. [1985 c 30 § 87. Prior:
1984 c 149 § 119; 1971 c 74 § 4.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.050 Income earned during administration of
a decedent’s estate. (Effective until January 1, 2003.) (1)
Unless the will or the court otherwise provides and subject
to subsection (2) of this section, all expenses incurred in
connection with the settlement of a decedent’s estate,
including debts, funeral expenses, estate taxes, interest due
at death, and penalties concerning taxes, family allowances,
fees of attorneys and personal representatives, and court
costs shall be charged against the principal of the estate,
except that the principal shall be reimbursed from income for
any increase in estate taxes due to the use of administration
expenses that were paid from principal as deductions for
income tax purposes.
(2) Unless the will or the court otherwise provides,
income from the assets of a decedent’s estate after the death
of the testator and before distribution, including income from
property used to discharge liabilities, shall be determined in
accordance with the rules applicable to a trust under this
chapter and distributed as follows:
(a) To beneficiaries of any specific bequest, legacy, or
devise, the income from the property bequeathed or devised
to them respectively, less taxes, ordinary repairs, and other
expenses of management and operation of the property, and
appropriate portions of interest accrued since the death of the
testator and of taxes imposed on income (excluding taxes on
capital gains) which accrue during the period of administration;
(b) Subject to (c) of this subsection, to all other beneficiaries, including trusts, the balance of the income less the
balance of taxes, ordinary repairs, and other expenses of
management and operation of all property from which the
estate is entitled to income, plus the balance of all income
accrued since the death of the testator, and less the balance
of all taxes imposed on income (excluding taxes on capital
gains) which accrue during the period of administration, in
proportion to their respective interests in the undistributed
assets of the estate computed at times of distribution on the
(2002 Ed.)
11.104.040
basis of the fair value, provided, that the amount of income
earned before the date or dates of payment of any estate or
inheritance tax shall be distributed to those beneficiaries in
proportion to their interests immediately before the making
of those payments. A personal representative who has been
granted nonintervention powers under chapter 11.68 RCW
may determine the time and manner of distributing the
income to a beneficiary entitled to receive the income
including:
(i) A residuary beneficiary; and
(ii) A testamentary trust beneficiary to whom trust
income must be distributed or, if the trustee named in the
will approves or ratifies the distribution, to whom trust
income may be distributed; and
(c) Pecuniary bequests not in trust do not receive
income, and, subject to the provisions of *RCW 11.56.160,
all such bequests, including those to the decedent’s surviving
spouse, are not allocated any share of the expenses identified
in subsection (2)(b) of this section.
(3) Any income with respect to which the income taxes
have been paid which is payable in whole or in part to one
or more charitable or other tax exempt organizations, and for
which an income tax charitable deduction was allowable,
shall be allocated among the distributees in such manner that
the diminution in such taxes resulting from the charitable
deduction allowable will inure to the benefit of the charitable
or tax exempt organization giving rise to the deduction.
(4) Income received by a trustee under subsection (2) of
this section shall be treated as income of the trust. [1993 c
161 § 1; 1985 c 30 § 88. Prior: 1984 c 149 § 120; 1971 c
74 § 5.]
*Reviser’s note: RCW 11.56.160 was repealed by 1994 c 221 § 72,
effective January 1, 1995. Later enactment, see chapter 11.10 RCW.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.060 Corporate distribution. (Effective until
January 1, 2003.) (1) Corporate distributions of shares of
the distributing corporation, including distributions in the
form of a stock split or stock dividend, are principal. A
right to subscribe to shares or other securities issued by the
distributing corporation accruing to stockholders on account
of their stock ownership and the proceeds of any sale of the
right are principal.
(2) Except to the extent that the corporation indicates
that some part of a corporate distribution is a settlement of
preferred or guaranteed dividends accrued since the stock
became a part of the trust corpus or is in lieu of an ordinary
cash dividend, a corporate distribution is principal if the
distribution is pursuant to:
(a) A call of shares;
(b) A merger, consolidation, reorganization, or other
plan by which assets of the corporation are acquired by
another corporation; or
(c) A total or partial liquidation of the corporation,
including any distribution which the corporation indicates is
a distribution in total or partial liquidation or any distribution
of assets, other than cash, pursuant to a court decree or final
administrative order by a government agency ordering
distribution of the particular assets.
[Title 11 RCW—page 125]
11.104.060
Title 11 RCW: Probate and Trust Law
(3) Distributions made from ordinary income by a
regulated investment company or by a trust qualifying and
electing to be taxed under federal law as a real estate
investment trust are income. All other distributions made by
the company or trust, including distributions from capital
gains, depreciation, or depletion, whether in the form of cash
or an option to take new stock or cash or an option to
purchase additional shares, are principal.
(4) Except as provided in subsections (1), (2), and (3)
of this section all corporate distributions are income,
including cash dividends, distributions of or rights to
subscribe to shares or securities or obligations of corporations other than the distributing corporation, and the
proceeds of the rights or property distributions. Except as
provided in subsections (2) and (3) of this section, if the
distributing corporation gives a stockholder an option to
receive a distribution either in cash or in its own shares, the
distribution chosen is income.
(5) The trustee may rely upon any statement of the
distributing corporation as to any fact relevant under any
provision of this chapter concerning the source or character
of dividends or distributions of corporate assets. [1985 c 30
§ 89. Prior: 1984 c 149 § 121; 1971 c 74 § 6.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.070 Bond premium and discount. (Effective
until January 1, 2003.) (1) Bonds or other obligations for
the payment of money are principal at their inventory value,
except as provided in subsection (2) for discount bonds. The
trustee shall not provide for amortization of bond premiums
or for accumulation of discount except where the trust
instrument provides otherwise. If the instrument provides
for amortization of premiums or accumulation of discount,
but not both, and is silent as to one, it is the duty of the
trustee to amortize premiums and accumulate discount. The
proceeds of sale, redemption, or other disposition of the
bonds or obligations are principal.
(2) The increment in value of a bond or other obligation
for the payment of money bearing no fixed rate of interest
or payable at a future time in accordance with a fixed
schedule of appreciation in excess of the price at which it
was issued is distributable as income. Except as otherwise
provided in RCW 11.104.040(4), the increment in value is
distributable to the beneficiary who was the income beneficiary at the time of increment from the first principal cash
available or, if none is available, when realized by sale,
redemption, or other disposition. Whenever unrealized
increment is distributed as income but out of principal, the
principal shall be reimbursed for the increment when
realized. [1985 c 30 § 90. Prior: 1984 c 149 § 122; 1971
c 74 § 7.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.071 Charitable remainder unitrusts. (Effective until January 1, 2003.) (1) Notwithstanding any
contrary provision of this chapter, if the trust instrument
[Title 11 RCW—page 126]
adopts this section by specific reference, an increase in the
value of the following investments, over the value of the investments at the time of acquisition by the trust, is distributable as income when it becomes available for distribution:
(a) A zero coupon bond;
(b) An annuity contract before annuitization;
(c) A life insurance contract before the death of the
insured;
(d) An interest in a common trust fund as defined in
section 584 of the Internal Revenue Code;
(e) An interest in a partnership as defined in section
7701 of the Internal Revenue Code; or
(f) Any other obligation for the payment of money that
is payable at a future time in accordance with a fixed,
variable, or discretionary schedule of appreciation in excess
of the price at which it was issued.
(2) The increase in value of the investments described
in subsection (1) of this section is allocable to the beneficiary who is the beneficiary to whom income may be distributed at the time when the trustee receives cash on
account of the investment, notwithstanding RCW 11.104.070.
(3) For purposes of this section, the increase in value of
an investment described in subsection (1) of this section is
available for distribution only when the trustee receives cash
on account of the investment. [1997 c 252 § 79.]
11.104.080 Trade, business and farming operations.
(Effective until January 1, 2003.) If a trustee uses any part
of the principal in the operation of a trade, business or
farming operation, the proceeds and losses of the business
shall be allocated in accordance with what is reasonable and
equitable in view of the interest of those entitled to income
as well as those entitled to principal, and in view of the
manner in which persons of prudence, discretion, and intelligence would act in the management of their own affairs in
accordance with RCW 11.104.020. The operation of real
estate for rent is considered a business. [1985 c 30 § 91.
Prior: 1984 c 149 § 123; 1971 c 74 § 8.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.090 Disposition of receipts from natural
resources. (Effective until January 1, 2003.) (1) If any
part of the principal consists of a right to receive royalties,
overriding or limited royalties, working interests, production
payments, net profit interests, or other interests in minerals
or other natural resources in, on or under land, the receipts
from taking the natural resources from the land shall be
allocated as follows:
(a) If received as rent on a lease or extension payments
on a lease, the receipts are income;
(b) If received from a production payment, the receipts
are income to the extent of any factor for interest or its
equivalent provided in the governing instrument. There shall
be allocated to principal the fraction of the balance of the
receipts which the unrecovered cost of the production
payment bears to the balance owed on the production
payment exclusive of any factor for interest or its equivalent.
The receipts not allocated to principal are income; and
(2002 Ed.)
Washington Principal and Income Act
(c) If received as a royalty, overriding or limited
royalty, or bonus, or from a working, net profit, or any other
interest in minerals or other natural resources, receipts not
provided for in the preceding paragraphs of this section shall
be apportioned on a yearly basis in accordance with this
paragraph whether or not any natural resource was being
taken from the land at the time the trust was established.
Receipts shall be allocated to income or apportioned between
income and principal at the discretion of the trustee, but in
no event may principal be allocated more than that portion
of the gross receipts that is deductible for federal income tax
purposes during that year. The balance of the gross receipts,
after payment therefrom of all expenses, direct and indirect,
is income.
(2) If a trustee, on January 1, 1972, held an item of
depletable property of a type specified in this section, the
trustee shall allocate receipts from the property in the
manner used before January 1, 1972, but as to all depletable
property acquired after January 1, 1972 by an existing or
new trust, the method of allocation provided herein shall be
used.
(3) This section does not apply to timber, water, soil,
sod, dirt, turf, or mosses. [1985 c 30 § 92. Prior: 1984 c
149 § 124; 1971 c 74 § 9.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.100 Timber. (Effective until January 1,
2003.) If any part of the principal consists of land from
which merchantable timber may be removed, the receipts
from taking the timber from the land shall be allocated in
accordance with RCW 11.104.020. [1971 c 74 § 10.]
11.104.110 Other property subject to deferred
payment right—Inventory value determination. (Effective until January 1, 2003.) (1) Subject to subsection (3) of
this section, if the principal of a trust includes a deferred
payment right including the right to receive deferred compensation, the proceeds of the right or the amount of
deferred compensation, on receipt, are income to the extent
determinable without reference to this section, or if not so
determinable, are income up to five percent of the inventory
value of the right or amount, determined separately for each
year in which the right or amount is subject to the trust.
The remainder of the proceeds or amount is principal. If not
otherwise determinable, the allocation to income is computed
in the same manner in which interest under a loan of the
initial inventory amount would be computed, at five percent
interest compounded annually, as if annual payments were
made by the borrower to the lender.
(2) If income is determined under this section, for the
first year, inventory value is determined as provided by this
chapter or by this section for deferred compensation. For
each year after the first year, the inventory value is:
(a) Reduced to the extent that the proceeds of the right
or amount received during the preceding year were allocated
to principal; and
(2002 Ed.)
11.104.090
(b) Increased to the extent that the proceeds received
during the preceding year were less than five percent of the
inventory value of that year.
(3) While the deferred payment right is under administration in a decedent’s estate, income and principal are
determined by using the fiscal year of the estate and ending
on the date the trust is funded with the right. After the
administration of the estate, the fiscal year of the trust is
used. The five percent allocation to income is prorated for
any year that is less than twelve months.
(4) The proceeds of a deferred payment right include all
receipts relating to the right, whether or not the receipts are
periodic. After the proceeds are received by the trustee and
allocated in accordance with this section, this section does
not apply to the proceeds except to the extent the proceeds
include a continuing deferred payment right or right to
receive deferred compensation.
(5) In this section:
(a) "Deferred compensation" means an amount receivable under an arrangement for the payment of compensation
in a year after the year in which the compensation was
earned, whether the obligation to pay is funded or unfunded
and includes the right to payment:
(i) Of benefits under a nonqualified plan of deferred
compensation or similar arrangement or agreement; or
(ii) Of benefits under an employee benefit plan as
defined in this section;
(b) "Deferred payment right" means a depletable asset,
other than natural resources governed by RCW 11.104.090
or timber governed by RCW 11.104.100, consisting of the
right to property under a contract, account, or other arrangement that is payable not earlier than twelve months after the
date the right becomes subject to the trust. A deferred
payment right includes the right to receive a periodic,
annuity, installment, or single-sum future payment:
(i) Under a leasehold, patent, copyright, or royalty;
(ii) Of income in respect of a decedent under section
691 of the Internal Revenue Code of 1986; or
(iii) Of death benefits;
(c) "Employee benefit plan" means any of the following,
whether funded by a trust, custodian account, annuity, or
retirement bond:
(i) A plan, individual retirement account, or deferred
compensation plan or arrangement that is described in RCW
49.64.020, section 401(a), 403(a), 403(b), 408, or 457 of the
Internal Revenue Code of 1986, as amended, or in section
409 of the Internal Revenue Code in effect before January 1,
1984; or
(ii) An employee benefit plan established or maintained
by:
(A) The government of the United States;
(B) The state of Washington;
(C) A state or territory of the United States;
(D) The District of Columbia; or
(E) A political subdivision, agency, or instrumentality of
the entities in (c)(ii)(A) through (D) of this subsection; and
(d) "Year" means the fiscal year of the estate or trust for
federal income tax purposes.
(6) The deferred compensation payable consisting of the
account balance or accrued benefit as of the date of death of
the owner of such amount receivable or, if elected, the
alternate valuation date for federal estate tax purposes, shall
[Title 11 RCW—page 127]
11.104.110
Title 11 RCW: Probate and Trust Law
be the inventory value of the deferred compensation as used
in this chapter as of that date. [1997 c 252 § 80; 1971 c 74
§ 11.]
11.104.120 Underproductive property—Definition.
(Effective until January 1, 2003.) (1) Except as provided
in subsection (5) of this section, a portion of the net proceeds of sale of any part of principal which is
underproductive shall be treated as delayed income to which
the income beneficiary is entitled as provided in this section.
The net proceeds of sale are the gross proceeds received, including the value of any property received, less expenses,
including any capital gains tax incurred in disposition, and
less any carrying charges paid while the property was
underproductive.
(2) The sum allocated as delayed income is the difference between the net proceeds and the amount which, had it
been invested at simple interest at four percent per year
while the property was underproductive, would have produced the net proceeds. This sum, plus any carrying charges
and expenses previously charged against income while the
property was underproductive, less any income received by
the income beneficiary from the property and less the value
of any use of the property by the income beneficiary, is
income, and the balance is principal.
(3) Except as otherwise provided in RCW
11.104.040(4), an income beneficiary is entitled to delayed
income under this section as if it accrued from day to day
during the time he was a beneficiary.
(4) If principal subject to this section is disposed of by
conversion into property which cannot be apportioned easily,
including land or mortgages (for example, realty acquired by
or in lieu of foreclosure), the income beneficiary is entitled
to the net income from any property or obligation into which
the original principal is converted while the substituted
property or obligation is held. If within five years after the
conversion the substituted property has not been further converted into easily apportionable property, no allocation as
provided in this section shall be made.
(5) This section does not apply to underproductive
property that the trustee is authorized to retain by the terms
of the controlling document or by law; that is received into
or acquired by the trust from any source, except property
which is purchased by the fiduciary in administering the
trust; the retention of which has been authorized in writing
by the income beneficiaries; or the retention of which would
be considered proper under the standard set forth in RCW
11.100.020.
(6) As used in this section, the term "underproductive
property" refers to any property that has not produced an
average net income of at least one percent per year (simple
interest) of its inventory value for more than a year (including as income the value of any use of the property by the
income beneficiary). [1985 c 30 § 93. Prior: 1984 c 149
§ 125; 1971 c 74 § 12.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
[Title 11 RCW—page 128]
11.104.130 Charges against income and principal.
(Effective until January 1, 2003.) (1) The following
charges shall be made against income:
(a) Ordinary expenses incurred in connection with the
administration, management, or preservation of the trust
property, including regularly recurring taxes assessed against
any portion of the principal, water rates, premiums on insurance taken upon the interests of the income beneficiary,
remainderman, or trustee, interest paid by the trustee, and
ordinary repairs;
(b) If the trustee deems the same to be appropriate
under the standards in RCW 11.104.020(1)(c), a reasonable
allowance for depreciation on property subject to depreciation under generally accepted accounting principles; no
allowance shall be made for depreciation of that portion of
any real property used by a beneficiary as a residence or for
depreciation of any property held by the trustee on January
1, 1972 for which the trustee is not then making an allowance for depreciation;
(c) One-half of court costs, attorney’s fees, and other
fees on periodic accountings, unless the court directs
otherwise;
(d) Court costs, attorney’s fees, and other fees on other
accountings or judicial proceedings if the matter primarily
concerns the income interest, unless the court directs
otherwise;
(e) One-half of the trustee’s regular compensation,
whether based on a percentage of principal or income;
(f) All expenses reasonably incurred for current management of principal and application of income; and
(g) Any tax levied upon receipts allocated to income
under this chapter or the trust instrument and payable by the
trustee.
(2) If charges against income are of unusual amount, the
trustee may by means of reserves or other reasonable means
charge them over a reasonable period of time and withhold
from distribution sufficient sums to regularize distributions.
(3) The following charges shall be made against
principal:
(a) Trustee’s compensation not chargeable to income
under subsections (1)(d) and (1)(e) of this section, special
compensation of trustees, expenses reasonably incurred in
connection with principal, court costs and attorney’s fees
primarily concerning matters of principal, and trustee’s
compensation computed on principal as an acceptance,
distribution, or termination fee;
(b) Charges not provided for in subsection (1) of this
section, including the cost of investing and reinvesting
principal, the payments on principal of an indebtedness
(including a mortgage amortized by periodic payments of
principal), expenses for preparation of property for rental or
sale, and, unless the court directs otherwise, expenses
incurred in maintaining or defending any action to construe
the trust or protect it or the property or assure the title of
any trust property;
(c) Extraordinary repairs or expenses incurred in making
a capital improvement to principal, including special assessments, but, a trustee may establish an allowance for depreciation out of income to the extent permitted by subsection
(1)(b) of this section and by RCW 11.104.080;
(2002 Ed.)
Washington Principal and Income Act
(d) Any tax levied upon profit, gain, or other receipts
allocated to principal notwithstanding denomination of the
tax as an income tax by the tax authority; and
(e) If an estate or inheritance tax is levied in respect of
a trust in which both an income beneficiary and a remainderman have an interest, any amount apportioned to the trust,
including interest, whether on account of direct or indirect
borrowing for the purpose of paying those taxes, and penalties, even though the income beneficiary also has rights in
the principal.
(4) Regularly recurring charges payable from income
shall be apportioned to the same extent and in the same
manner that income is apportioned under RCW 11.104.040.
[1985 c 30 § 94. Prior: 1984 c 149 § 126; 1971 c 74 § 13.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.104.900 Application of chapter. (Effective until
January 1, 2003.) Except as specifically provided in the
trust instrument or the will or in this chapter, this chapter
shall apply to any receipt or expense received or incurred on
or after January 1, 1972 by the estate of any decedent dying
on or after January 1, 1972 or by any trust whether established before or after January 1, 1972 and whether the asset
involved was acquired by the trustee before or after January
1, 1972. [1971 c 74 § 14.]
11.104.901 Application of RCW 11.104.010 through
11.104.130 as of January 1, 1985. (Effective until January
1, 2003.) RCW 11.104.010 through 11.104.090, 11.104.120,
and 11.104.130, as amended and reenacted in 1985, shall
apply as of January 1, 1985. [1985 c 30 § 142.]
11.104.130
Chapter 11.104A
WASHINGTON PRINCIPAL AND INCOME
ACT OF 2002
Sections
ARTICLE 1
DEFINITIONS; FIDUCIARY DUTIES AND POWERS; REMEDIES
11.104A.001
11.104A.005
11.104A.010
11.104A.020
11.104A.030
11.104A.040
Short title.
Definitions.
Fiduciary duties—General principles.
Fiduciary’s power to adjust.
Judicial control of discretionary powers.
Power to convert to unitrust.
ARTICLE 2
DECEDENT’S ESTATE OR TERMINATING INCOME INTEREST
11.104A.050
11.104A.060
Determination and distribution of net income.
Distribution to residuary and remainder beneficiaries.
ARTICLE 3
APPORTIONMENT AT BEGINNING AND END
OF INCOME INTEREST
11.104A.070
11.104A.080
11.104A.090
When right to income begins and ends.
Apportionment of receipts and disbursements when
decedent dies or income interest begins.
Apportionment when income interest ends.
ARTICLE 4
ALLOCATION OF RECEIPTS DURING ADMINISTRATION
OF TRUST
PART 1: RECEIPTS FROM ENTITIES
11.104A.100
11.104A.110
11.104A.120
Character of receipts.
Distribution from trust or estate.
Business and other activities conducted by trustee.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
PART 2: RECEIPTS NOT NORMALLY APPORTIONED
11.104.910 Short title. (Effective until January 1,
2003.) This chapter may be cited as the Washington
Principal and Income Act. [1971 c 74 § 15.]
11.104.920 Severability—1971 c 74. (Effective until
January 1, 2003.) If any provision of this act or the
application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of the act which can be given effect without the
invalid provision or application and to this end the provisions of this act are severable. [1971 c 74 § 16.]
11.104.930 Section headings not part of law.
(Effective until January 1, 2003.) Section headings, as
found in this 1971 amendatory act do not constitute any part
of the law. [1971 c 74 § 18.]
11.104.940 Effective date—1971 c 74. (Effective
until January 1, 2003.) This act shall take effect on January
1, 1972. [1971 c 74 § 19.]
(2002 Ed.)
11.104A.130
11.104A.140
11.104A.150
11.104A.160
Principal receipts.
Rental property.
Obligation to pay money.
Insurance policies and similar contracts.
PART 3: RECEIPTS NORMALLY APPORTIONED
11.104A.170
11.104A.180
11.104A.190
11.104A.200
11.104A.210
11.104A.220
11.104A.230
11.104A.240
Insubstantial allocations not required.
Deferred compensation, annuities, and similar payments.
Liquidating asset.
Minerals, water, and other natural resources.
Timber.
Property not productive of income.
Derivatives and options.
Asset-backed securities.
ARTICLE 5
ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION
OF TRUST
11.104A.250
11.104A.260
11.104A.270
11.104A.280
11.104A.290
Disbursements from income.
Disbursements from principal.
Transfers from income to principal for depreciation.
Transfers from income to reimburse principal.
Income taxes.
[Title 11 RCW—page 129]
Chapter 11.104A
11.104A.300
Title 11 RCW: Probate and Trust Law
Adjustments between principal and income because of
taxes.
ARTICLE 6
MISCELLANEOUS PROVISIONS
11.104A.900
11.104A.901
11.104A.902
11.104A.903
11.104A.904
11.104A.905
Uniformity of application and construction.
Application of chapter 11.96A RCW.
Severability—2002 c 345.
Captions, article and part headings not law—2002 c
345.
Effective date—2002 c 345.
Application of act to existing trusts and estates.
ARTICLE 1
DEFINITIONS; FIDUCIARY DUTIES AND
POWERS; REMEDIES
11.104A.001 Short title. (Effective January 1, 2003.)
This chapter may be cited as the Washington principal and
income act of 2002. [2002 c 345 § 101.]
11.104A.005 Definitions. (Effective January 1,
2003.) In this chapter:
(1) "Accounting period" means a calendar year unless
another twelve-month period is selected by a fiduciary. The
term includes a portion of a calendar year or other
twelve-month period that begins when an income interest
begins or ends when an income interest ends.
(2) "Beneficiary" includes, in the case of a decedent’s
estate, an heir, legatee, and devisee and, in the case of a
trust, an income beneficiary and a remainder beneficiary.
(3) "Fiduciary" means a personal representative or a
trustee. The term includes an executor, administrator,
successor personal representative, special administrator, and
a person performing substantially the same function.
(4) "Income" means money or property that a fiduciary
receives as current return from a principal asset. The term
includes a portion of receipts from a sale, exchange, or
liquidation of a principal asset, to the extent provided in
Article 4 of this chapter.
(5) "Income beneficiary" means a person to whom net
income of a trust is or may be payable.
(6) "Income interest" means the right of an income
beneficiary to receive all or part of net income, whether the
terms of the trust require it to be distributed or authorize it
to be distributed in the trustee’s discretion.
(7) "Mandatory income interest" means the right of an
income beneficiary to receive net income that the terms of
the trust require the fiduciary to distribute.
(8) "Net income" means the total receipts allocated to
income during an accounting period minus the disbursements
made from income during the period, plus or minus transfers
under this chapter to or from income during the period.
(9) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, or government; governmental
subdivision, agency, or instrumentality; public corporation;
or any other legal or commercial entity.
(10) "Principal" means property held in trust for
distribution to a remainder beneficiary.
(11) "Remainder beneficiary" means a person entitled to
receive principal, including when an income interest ends.
[Title 11 RCW—page 130]
(12) "Terms of a trust" means the manifestation of the
intent of a settlor or decedent with respect to the trust,
expressed in a manner that admits of its proof in a judicial
proceeding. The "terms of a trust" shall include without
limitation such modifications as may be made from time to
time with respect to the trust under chapter 11.96A RCW or
otherwise under Washington or applicable federal laws.
(13) "Trustee" includes an original, additional, or
successor trustee, whether or not appointed or confirmed by
a court. [2002 c 345 § 102.]
11.104A.010 Fiduciary duties—General principles.
(Effective January 1, 2003.) (a) In allocating receipts and
disbursements to or between principal and income, and with
respect to any matter within the scope of this chapter, a
fiduciary:
(1) Shall administer a trust or estate in accordance with
the terms of the trust or the will, even if there is a different
provision in this chapter;
(2) May administer a trust or estate by the exercise of
a discretionary power of administration given to the fiduciary
by the terms of the trust or the will, even if the exercise of
the power produces a result different from a result required
or permitted by this chapter;
(3) Shall administer a trust or estate in accordance with
this chapter if the terms of the trust or the will do not
contain a different provision or do not give the fiduciary a
discretionary power of administration; and
(4) Shall add a receipt or charge a disbursement to
principal to the extent that the terms of the trust and this
chapter do not provide a rule for allocating the receipt or
disbursement to or between principal and income.
(b) In exercising the power to adjust under RCW
11.104A.020 (a) or (e) or another discretionary power of
administration regarding a matter within the scope of this
chapter, whether granted by the terms of a trust, a will, or
this chapter, a fiduciary shall administer a trust or estate
impartially, based on what is fair and reasonable to all of the
beneficiaries, except to the extent that the terms of the trust
or the will clearly manifest an intention that the fiduciary
shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to
be fair and reasonable to all of the beneficiaries. [2002 c
345 § 103.]
11.104A.020 Fiduciary’s power to adjust. (Effective
January 1, 2003.) (a) A trustee may adjust between
principal and income to the extent the trustee considers
necessary if the trustee invests and manages trust assets as
a prudent investor, the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring
to the trust’s income, and the trustee determines, after
applying the rules in RCW 11.104A.010(a), that the trustee
is unable to comply with RCW 11.104A.010(b).
(b) In deciding whether and to what extent to exercise
the power conferred by subsection (a) of this section, a
trustee shall consider all factors relevant to the trust and its
beneficiaries, including the following factors to the extent
they are relevant:
(1) The nature, purpose, and expected duration of the
trust;
(2002 Ed.)
Washington Principal and Income Act of 2002
(2) The intent of the settlor;
(3) The identity and circumstances of the beneficiaries;
(4) The needs for liquidity, regularity of income, and
preservation and appreciation of capital;
(5) The assets held in the trust; the extent to which they
consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; the extent to which an asset is used by a beneficiary; and
whether an asset was purchased by the trustee or received
from the settlor;
(6) The net amount allocated to income under the other
sections in this chapter and the increase or decrease in the
value of the principal assets, which the trustee may estimate
as to assets for which market values are not readily
available;
(7) Whether and to what extent the terms of the trust
give the trustee the power to invade principal or accumulate
income or prohibit the trustee from invading principal or
accumulating income, and the extent to which the trustee has
exercised a power from time to time to invade principal or
accumulate income;
(8) The actual and anticipated effect of economic
conditions on principal and income and effects of inflation
and deflation; and
(9) The anticipated tax consequences of an adjustment.
(c) A trustee may not make an adjustment:
(1) That diminishes the income interest in a trust that
requires all of the income to be paid at least annually to a
spouse and for which an estate tax or gift tax marital
deduction would be allowed, in whole or in part, if the
trustee did not have the power to make the adjustment;
(2) That reduces the actuarial value of the income
interest in a trust to which a person transfers property with
the intent to qualify for a gift tax exclusion;
(3) That changes the amount payable to a beneficiary as
a fixed annuity or a fixed fraction of the value of the trust
assets;
(4) From any amount that is permanently set aside for
charitable purposes under a will or the terms of a trust unless
both income and principal are so set aside;
(5) If possessing or exercising the power to make an
adjustment causes an individual to be treated as the owner of
all or part of the trust for income tax purposes, and the
individual would not be treated as the owner if the trustee
did not possess the power to make an adjustment;
(6) If possessing or exercising the power to make an
adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who
has the power to remove a trustee or appoint a trustee, or
both, and the assets would not be included in the estate of
the individual if the trustee did not possess the power to
make an adjustment;
(7) If the trustee is a beneficiary of the trust; or
(8) If the trustee is not a beneficiary, but the adjustment
would benefit the trustee directly or indirectly.
(d) If subsection (c)(5), (6), (7), or (8) of this section
applies to a trustee and there is more than one trustee or an
additional trustee who is appointed by a court order, a
binding agreement, or otherwise under chapter 11.96A RCW,
a cotrustee to whom the provision does not apply may make
the adjustment unless the exercise of the power by the
(2002 Ed.)
11.104A.020
remaining trustee or trustees is not permitted by the terms of
the trust.
(e) A personal representative serving with nonintervention powers under chapter 11.68 RCW may adjust between
principal and income to the extent the personal representative
considers necessary, if the personal representative invests
and manages assets of the estate as a prudent investor and
the personal representative determines, after applying the
rules of RCW 11.104A.010(a), that the personal representative is unable to comply with RCW 11.104A.010(b). In
deciding whether and to what extent to exercise the power
conferred by this subsection, the personal representative shall
consider all factors relevant to the estate and its beneficiaries, including factors comparable to those a trustee would
consider under subsection (b) of this section if considering
such an adjustment. A personal representative may not
make an adjustment under circumstances comparable to
those that are described in subsection (c) of this section and
that prohibit a trustee from making such an adjustment,
although a copersonal representative, or an additional
personal representative who is appointed by a court order, a
binding agreement, or otherwise under chapter 11.96A RCW,
to whom such limitations do not apply may make the
adjustment unless the exercise of the power by the remaining
personal representative or personal representatives is not
permitted by the terms of a will.
(f) A fiduciary may release the entire power conferred
by subsection (a) of this section or may release only the
power to adjust from income to principal or the power to
adjust from principal to income if the fiduciary is uncertain
about whether possessing or exercising the power will cause
a result described in subsection (c)(1) through (6) or (8) of
this section or if the fiduciary determines that possessing or
exercising the power will or may deprive the trust of a tax
benefit or impose a tax burden not described in subsection
(c) of this section. The release may be permanent or for a
specified period, including a period measured by the life of
an individual.
(g) Terms of a trust that limit the power of a fiduciary
to make an adjustment between principal and income do not
affect the application of this section unless it is clear from
the terms of the trust that the terms are intended to deny the
fiduciary the power of adjustment conferred by subsection
(a) of this section.
(h) Unless a beneficiary has requested the fiduciary in
writing that the fiduciary consider an adjustment, nothing in
this section imposes a duty on the fiduciary to make an
adjustment and the fiduciary is not liable for not considering
whether to make an adjustment under this section. [2002 c
345 § 104.]
11.104A.030 Judicial control of discretionary
powers. (Effective January 1, 2003.) (a) A court shall not
change a fiduciary’s decision to exercise or not to exercise
a discretionary power conferred by this chapter unless it
determines that the decision was an abuse of the fiduciary’s
discretion. A court shall not determine that a fiduciary
abused its discretion merely because the court would have
exercised the discretion in a different manner or would not
have exercised the discretion.
[Title 11 RCW—page 131]
11.104A.030
Title 11 RCW: Probate and Trust Law
(b) The decisions to which subsection (a) of this section
apply include:
(1) A determination under RCW 11.104A.020 (a) or (e)
of whether and to what extent an amount should be transferred from principal to income or from income to principal.
(2) A determination of: (i) The factors that are relevant
to the trust or estate and its beneficiaries; (ii) the extent to
which they are relevant; and (iii) the weight, if any, to be
given to the relevant factors, in deciding whether and to
what extent to exercise the power conferred by RCW
11.104A.020 (a) or (e).
(3) A determination under RCW 11.104A.040(g).
(c) If a court determines that a fiduciary has abused its
discretion, the remedy is to restore the income and remainder
beneficiaries to the positions they would have occupied if the
fiduciary had not abused its discretion, according to the
following principles:
(1) To the extent that the abuse of discretion has
resulted in no distribution to a beneficiary or a distribution
that is too small, the court may require the fiduciary to
distribute from the trust to the beneficiary an amount that the
court determines will restore the beneficiary, in whole or in
part, to his or her appropriate position.
(2) To the extent that the abuse of discretion has
resulted in a distribution to a beneficiary that is too large, the
court may restore the beneficiaries, the trust, or both, in
whole or in part, to their appropriate positions by requiring
the fiduciary to withhold an amount from one or more future
distributions to the beneficiary who received the distribution
that was too large or requiring that beneficiary to return
some or all of the distribution to the trust.
(3) To the extent that the court does not restore under
(1) and (2) of this subsection the beneficiaries, the trust, or
both, to the positions they would have occupied if the
fiduciary had not abused its discretion, the court may require
the fiduciary to pay an appropriate amount from its own
funds to one or more of the beneficiaries or the trust, or
both. The fiduciary has no liability under this section unless
the beneficiary alleging the abuse of discretion establishes
that the fiduciary did not exercise its discretion in good faith
and with honest judgment.
(d) Upon a petition by the fiduciary, the court having
jurisdiction over the trust or estate shall determine whether
a proposed exercise or nonexercise by the fiduciary of a
discretionary power conferred by the act will result in an
abuse of the fiduciary’s discretion. If the petition describes
the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the
reasons for the proposal, the facts upon which the fiduciary
relies, and an explanation of how the income and remainder
beneficiaries will be affected by the proposed exercise or
nonexercise of the power, a beneficiary who challenges the
proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion.
(e) The fiduciary shall be reimbursed for any and all
costs, including without limitation all attorneys’ fees and
costs of defense, and all liabilities that the fiduciary may
incur in connection with any claim or action relating in any
way to the fiduciary’s exercise of its discretion under this
chapter, except to the extent that the beneficiary establishes
that the fiduciary did not exercise its discretion in good faith
and with honest judgment. All attorneys’ fees and costs
[Title 11 RCW—page 132]
shall be advanced to the fiduciary as incurred and shall only
be collected from the fiduciary after it has been determined
that the fiduciary did not exercise its discretion in good faith
and with honest judgment. [2002 c 345 § 105.]
11.104A.040 Power to convert to unitrust. (Effective January 1, 2003.) (a) In this section, "beneficiary"
means a person who has an interest in the trust to be converted and who has the legal capacity to act in his, her, or its
own right with respect to all actions that such person may
take under this section.
(b) Unless expressly prohibited by the terms of the trust,
a trustee may release the power to make adjustments under
RCW 11.104A.020 and convert a trust into a unitrust as
described in this section if all of the following apply:
(1) The trustee determines that the conversion will
enable the trustee better to carry out the intent of the settlor
or testator and the purposes of the trust.
(2) The trustee gives written notice of the trustee’s
intention to release the power to adjust and to convert the
trust into a unitrust and of how the unitrust will operate,
including what initial decisions the trustee will make under
this section, to all beneficiaries:
(i) Who are currently eligible to receive income from
the trust; or
(ii) Who would receive, if no powers of appointment
were exercised, a distribution of principal if the trust were to
terminate immediately before the notice is given.
(3) There is at least one beneficiary under (2)(i) of this
subsection and at least one other person who is a beneficiary
under (2)(ii) of this subsection.
(4) No beneficiary objects to the conversion to a unitrust
in a writing delivered to the trustee within sixty days after
the notice is given under (2) of this subsection.
(c) The parties, as defined by RCW 11.96A.030(4), may
agree to convert a trust to or from a unitrust by means of a
binding agreement under chapter 11.96A RCW.
(d)(1) The trustee may petition the court under chapter
11.96A RCW to order a conversion to a unitrust if either of
the following apply:
(i) A party, as defined by RCW 11.96A.030(4), timely
objects to the conversion to a unitrust; or
(ii) There are no beneficiaries under (2)(i) and (ii) of
this subsection.
(2) A party, as defined by RCW 11.96A.030(4), may
request a trustee to convert to a unitrust. If the trustee does
not convert, the party, as defined by RCW 11.96A.030(4),
may petition the court to order the conversion.
(3) The court shall approve the conversion or direct the
requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of
the settlor or testator and the purposes of the trust.
(e) In deciding whether to exercise a power to convert
to a unitrust under this section, a trustee may consider,
among other things, the factors set forth in RCW
11.104A.020(b).
(f) After a trust is converted to a unitrust, all of the
following apply:
(1) The trustee shall follow an investment policy
seeking a total return for the investments held by the trust,
whether the return is to be derived:
(2002 Ed.)
Washington Principal and Income Act of 2002
(i) From appreciation of principal;
(ii) From earnings and distributions from principal; or
(iii) From both.
(2) The trustee shall make regular distributions in
accordance with the terms of the trust, or the terms of the
will, as the case may be, construed in accordance with the
provisions of this section.
(3) The term "income" in the terms of a trust or a will
means an annual distribution, the "unitrust distribution,"
equal to four percent, the "payout percentage," of the net fair
market value of the trust’s assets, whether such assets would
be considered income or principal under other provisions of
this chapter, averaged over the lesser of:
(i) The three preceding years; or
(ii) The period during which the trust has been in
existence.
(g) The trustee may in the trustee’s discretion from time
to time determine all of the following:
(l) The effective date of a conversion to a unitrust.
(2) The provisions for prorating a unitrust distribution
for a short year in which a beneficiary’s right to payments
commences or ceases.
(3) The frequency of unitrust distributions during the
year.
(4) The effect of other payments from or contributions
to the trust on the trust’s valuation.
(5) Whether to value the trust’s assets annually or more
frequently.
(6) What valuation dates to use.
(7) How frequently to value nonliquid assets and
whether to estimate their value.
(8) Whether to omit from the calculations trust property
occupied or possessed by a beneficiary.
(9) Any other matters necessary for the proper functioning of the unitrust.
(h)(1) Expenses which would be deducted from income
if the trust were not a unitrust may not be deducted from the
unitrust distribution.
(2) Unless otherwise provided by the terms of the trust,
the unitrust distribution shall be paid from net income, as
such term would be determined if the trust were not a
unitrust. To the extent net income is insufficient, the
unitrust distribution shall be paid from net realized shortterm capital gains. To the extent net income and net
realized short-term capital gains are insufficient, the unitrust
distribution shall be paid from net realized long-term capital
gains. To the extent net income and net realized short-term
and long-term capital gains are insufficient, the unitrust
distribution shall be paid from the principal of the trust.
(i) The trustee or, if the trustee declines to do so, a
beneficiary may petition the court:
(1) To select a payout percentage different than four
percent.
(2) To provide for a distribution of net income, as
would be determined if the trust were not a unitrust, in
excess of the unitrust distribution if such distribution is
necessary to preserve a tax benefit.
(3) To average the valuation of the trust’s net assets
over a period other than three years.
(4) To reconvert from a unitrust.
(j) Upon a reconversion, the power to adjust under
RCW 11.104A.020 is revived.
(2002 Ed.)
11.104A.040
(k) A conversion to a unitrust does not affect a provision in the terms of a trust directing or authorizing the
trustee to distribute principal or authorizing a beneficiary to
withdraw a portion or all of the principal.
(l) A trustee may not possess or exercise any power
under this section in any of the following circumstances:
(1) The unitrust distribution would be made from any
amount that is permanently set aside for charitable purposes
under the terms of a trust and for which a charitable deduction from a federal gift or estate tax has been taken.
(2) The possession or exercise of the power would cause
an individual to be treated as the owner of all or part of the
trust for federal income tax purposes and the individual
would not be treated as the owner if the trustee did not
possess or exercise the power.
(3) The possession or exercise of the power would cause
all or any part of the trust estate to be subject to any federal
gift or estate tax with respect to the individual and the trust
estate would not be subject to such taxation if the trustee did
not possess or exercise the power.
(4) The possession or exercise of the power would result
in the disallowance of a federal gift or estate tax marital
deduction which would be allowed if the trustee did not have
the power.
(5) The trustee is a beneficiary of the trust.
(m) If subsection (l)(2), (3), or (5) of this section
applies to a trustee and there is more than one trustee or an
additional trustee who is appointed by a court order, a
binding agreement, or otherwise under chapter 11.96A RCW,
a cotrustee to whom subsection (l)(2), (3), or (5) of this
section does not apply may possess and exercise the power
unless the possession or exercise of the power by the
remaining trustee or trustees is not permitted by the terms of
the trust. If subsection (l)(2), (3), or (5) of this section restricts all trustees from possessing or exercising a power
under this section, the trustee may petition a court under
chapter 11.96A RCW for the court to effect the intended
conversion or action.
(n) A trustee may release any power conferred by this
section if any of the following applies:
(1) The trustee is uncertain about whether possessing or
exercising the power will cause a result described in subsection (l)(2), (3), or (4) of this section.
(2) The trustee determines that possessing or exercising
the power will or may deprive the trust of a tax benefit or
impose a tax burden not described in subsection (l) of this
section.
The release may be permanent or for a specified period,
including a period measured by the life of an individual.
[2002 c 345 § 106.]
ARTICLE 2
DECEDENT’S ESTATE OR TERMINATING
INCOME INTEREST
11.104A.050 Determination and distribution of net
income. (Effective January 1, 2003.) After a decedent
dies, in the case of an estate, or after an income interest in
a trust ends, the following rules apply:
(1) A fiduciary of an estate or of a terminating income
interest shall determine the amount of net income and net
[Title 11 RCW—page 133]
11.104A.050
Title 11 RCW: Probate and Trust Law
principal receipts received from property specifically given
to a beneficiary under the rules in Articles 3 through 5 of
this chapter which apply to trustees and the rules in subsection (5) of this section. The fiduciary shall distribute the net
income and net principal receipts to the beneficiary who is
to receive the specific property.
(2) A fiduciary shall determine the remaining net
income of a decedent’s estate or a terminating income
interest under the rules in Articles 3 through 5 of this chapter which apply to trustees, except to the extent that the
following apply:
(i) The fiduciary shall include in net income all income
from property used to discharge liabilities;
(ii) The fiduciary shall pay from income or principal, in
the fiduciary’s discretion, family allowances; fees of attorneys, accountants, and fiduciaries; court costs and other
expenses of administration; and interest on death taxes, but
the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an
estate tax marital or charitable deduction only to the extent
that the payment of those expenses from income will not
cause the reduction or loss of the deduction; and
(iii) The fiduciary shall pay from principal all other
disbursements made or incurred in connection with the
settlement of a decedent’s estate or the winding up of a
terminating income interest, including debts, funeral expenses, disposition of remains, and death taxes and related
penalties that are apportioned to the estate or terminating
income interest by the will, the terms of the trust, or applicable law.
(3) A fiduciary shall distribute to a beneficiary who
receives a pecuniary amount outright the interest or any
other amount provided by the will, the terms of a trust, or
applicable law from net income determined under subsection
(2) of this section or from principal to the extent that net
income is insufficient. Otherwise, no outright gift of a
pecuniary amount whether under a will, or under a trust after
an income interest ends shall receive interest or any other income.
(4) A fiduciary shall distribute the net income remaining
after distributions required by subsection (3) of this section
in the manner described in RCW 11.104A.060 to all other
beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other
presently exercisable general power of appointment over the
trust.
(5) A fiduciary may not reduce principal or income
receipts from property described in subsection (1) of this
section because of a payment described in RCW
11.104A.250 or 11.104A.260 to the extent that the will, the
terms of the trust, or applicable law requires the fiduciary to
make the payment from assets other than the property or to
the extent that the fiduciary recovers or expects to recover
the payment from a third party. The net income and principal receipts from the property are determined by including
all of the amounts the fiduciary receives or pays with respect
to the property, whether those amounts accrued or became
due before, on, or after the date of a decedent’s death or an
income interest’s terminating event, and by making a
reasonable provision for amounts that the fiduciary believes
the estate or terminating income interest may become
[Title 11 RCW—page 134]
obligated to pay after the property is distributed. [2002 c
345 § 201.]
11.104A.060 Distribution to residuary and remainder beneficiaries. (Effective January 1, 2003.) (a) Each
beneficiary described in RCW 11.104A.050(4) is entitled to
receive a portion of the net income equal to the beneficiary’s
fractional interest in undistributed principal assets, using
values as of the distribution date. If a fiduciary makes more
than one distribution of assets to beneficiaries to whom this
section applies, each beneficiary, including one who does not
receive part of the distribution, is entitled, as of each
distribution date, to the net income the fiduciary has received
after the date of death or terminating event or earlier
distribution date but has not distributed as of the current
distribution date.
(b) In determining a beneficiary’s share of net income,
the following rules apply:
(1) The beneficiary is entitled to receive a portion of the
net income equal to the beneficiary’s fractional interest in
the undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet
principal obligations.
(2) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to
property specifically given to a beneficiary and property
required to pay pecuniary amounts not in trust.
(3) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the
aggregate value of those assets as of the distribution date
without reducing the value by any unpaid principal obligation.
(4) The distribution date for purposes of this section
may be the date as of which the fiduciary calculates the
value of the assets if that date is reasonably near the date on
which assets are actually distributed.
(c) If a fiduciary does not distribute all of the collected
but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records
showing the interest of each beneficiary in that net income.
(d) A fiduciary may apply the rules in this section, to
the extent that the fiduciary considers it appropriate, to net
gain or loss realized after the date of death or terminating
event or earlier distribution date from the disposition of a
principal asset if this section applies to the income from the
asset. [2002 c 345 § 202.]
ARTICLE 3
APPORTIONMENT AT BEGINNING AND END
OF INCOME INTEREST
11.104A.070 When right to income begins and ends.
(Effective January 1, 2003.) (a) An income beneficiary is
entitled to net income from the date on which the income
interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on
the date an asset becomes subject to a trust or successive
income interest.
(b) An asset becomes subject to a trust:
(2002 Ed.)
Washington Principal and Income Act of 2002
(1) On the date it is transferred to the trust in the case
of an asset that is transferred to a trust during the
transferor’s life;
(2) On the date of a testator’s death in the case of an
asset that becomes subject to a trust by reason of a will,
even if there is an intervening period of administration of the
testator’s estate; or
(3) On the date of an individual’s death in the case of
an asset that is transferred to a fiduciary by a third party
because of the individual’s death.
(c) An asset becomes subject to a successive income
interest on the day after the preceding income interest ends,
as determined under subsection (d) of this section, even if
there is an intervening period of administration to wind up
the preceding income interest.
(d) An income interest ends on the day before an
income beneficiary dies or another terminating event occurs,
or on the last day of a period during which there is no
beneficiary to whom a trustee may distribute income. [2002
c 345 § 301.]
11.104A.080 Apportionment of receipts and disbursements when decedent dies or income interest begins.
(Effective January 1, 2003.) (a) A trustee shall allocate an
income receipt or disbursement other than one to which
RCW 11.104A.050(1) applies to principal if its due date
occurs before a decedent dies in the case of an estate or
before an income interest begins in the case of a trust or
successive income interest.
(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the
date on which a decedent dies or an income interest begins
and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its
due date is not periodic or it has no due date. The portion
of the receipt or disbursement accruing before the date on
which a decedent dies or an income interest begins must be
allocated to principal and the balance must be allocated to
income.
(c) An item of income or an obligation is due on the
date the payer is required to make a payment. If a payment
date is not stated, there is no due date for the purposes of
this chapter. Distributions to shareholders or other owners
from an entity to which RCW 11.104A.100 applies are
deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no
date is fixed, on the declaration date for the distribution. A
due date is periodic for receipts or disbursements that must
be paid at regular intervals under a lease or an obligation to
pay interest or if an entity customarily makes distributions at
regular intervals. [2002 c 345 § 302.]
11.104A.090 Apportionment when income interest
ends. (Effective January 1, 2003.) (a) In this section,
"undistributed income" means net income received before the
date on which an income interest ends. The term does not
include an item of income or expense that is due or accrued
or net income that has been added or is required to be added
to principal under the terms of the trust.
(b) When a mandatory income interest ends, the trustee
shall pay to a mandatory income beneficiary who survives
(2002 Ed.)
11.104A.070
that date, or the estate of a deceased mandatory income
beneficiary whose death causes the interest to end, the
beneficiary’s share of the undistributed income that is not
disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than five percent
of the trust principal immediately before the income interest
ends. In the latter case, the undistributed income from the
portion of the trust that may be revoked must be added to
principal.
(c) When a trustee’s obligation to pay a fixed annuity or
a fixed fraction of the value of the trust’s assets ends, the
trustee shall prorate the final payment if and to the extent
required by applicable law to accomplish a purpose of the
trust or its settlor relating to income, gift, estate, or other tax
requirements. [2002 c 345 § 303.]
ARTICLE 4
ALLOCATION OF RECEIPTS DURING
ADMINISTRATION
OF TRUST
PART 1: RECEIPTS FROM ENTITIES
11.104A.100 Character of receipts. (Effective
January 1, 2003.) (a) In this section, "entity" means a
corporation, partnership, limited liability company, regulated
investment company, real estate investment trust, common
trust fund, or any other organization in which a trustee has
an interest. "Entity" does not mean a trust or estate to which
RCW 11.104A.110 applies, a business or activity to which
RCW 11.104A.120 applies, or an asset-backed security to
which RCW 11.104A.240 applies.
(b) Except as otherwise provided in this section, a
trustee shall allocate to income money received from an
entity.
(c) A trustee shall allocate the following receipts from
an entity to principal:
(1) Property other than money;
(2) Money received in one distribution or a series of
related distributions in exchange for part or all of a trust’s
interest in the entity;
(3) Money received in total or partial liquidation of the
entity; and
(4) Money received from an entity that is a regulated
investment company or a real estate investment trust if the
money distributed is a capital gain dividend for federal
income tax purposes.
(d) Money is received in partial liquidation:
(1) To the extent that the entity, at or near the time of
a distribution, indicates that it is a distribution in partial
liquidation; or
(2) If the total amount of money and property distributed in a distribution or series of related distributions is greater
than twenty percent of the entity’s gross assets, as shown by
the entity’s year-end financial statements immediately
preceding the initial distribution.
(e) Money is not received in partial liquidation, nor may
it be taken into account under subsection (d)(2) of this
section, to the extent that it does not exceed the amount of
income tax that a trustee or beneficiary must pay on taxable
income of the entity that distributes the money.
[Title 11 RCW—page 135]
11.104A.100
Title 11 RCW: Probate and Trust Law
(f) A trustee may rely upon a statement made by an
entity about the source or character of a distribution if the
statement is made at or near the time of distribution by the
entity’s board of directors or other person or group of
persons authorized to exercise powers to pay money or
transfer property comparable to those of a corporation’s
board of directors. [2002 c 345 § 401.]
11.104A.110 Distribution from trust or estate.
(Effective January 1, 2003.) A trustee shall allocate to
income an amount received as a distribution of income from
a trust or an estate in which the trust has an interest other
than a purchased interest in a trust that is an investment
entity, and shall allocate to principal an amount received as
a distribution of principal from such a trust or estate. If a
trustee purchases an interest in a trust that is an investment
entity, or a decedent or donor transfers an interest in such a
trust to a trustee, RCW 11.104A.100 or 11.104A.240 applies
to a receipt from the trust. [2002 c 345 § 402.]
11.104A.120 Business and other activities conducted
by trustee. (Effective January 1, 2003.) (a) If a trustee
who conducts a business or other activity determines that it
is in the best interest of all the beneficiaries to account
separately for the business or activity instead of accounting
for it as part of the trust’s general accounting records, the
trustee may maintain separate accounting records for its
transactions, whether or not its assets are segregated from
other trust assets. The trustee shall maintain such records in
accordance with principles of accounting that are generally
accepted.
(b) A trustee who accounts separately for a business or
other activity may determine the extent to which its net cash
receipts must be retained for working capital, the acquisition
or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to
which the remaining net cash receipts are accounted for as
principal or income in the trust’s general accounting records.
If a trustee sells assets of the business or other activity, other
than in the ordinary course of the business or activity, the
trustee shall account for the net amount received as principal
in the trust’s general accounting records to the extent the
trustee determines that the amount received is no longer required in the conduct of the business.
(c) Activities for which a trustee may maintain separate
accounting records include:
(1) Retail, manufacturing, service, and other traditional
business activities;
(2) Farming;
(3) Raising and selling livestock and other animals;
(4) Management of rental properties;
(5) Extraction of minerals and other natural resources;
(6) Timber operations; and
(7) Activities to which RCW 11.104A.230 applies.
[2002 c 345 § 403.]
PART 2: RECEIPTS NOT NORMALLY
APPORTIONED
11.104A.130 Principal receipts. (Effective January
1, 2003.) A trustee shall allocate to principal:
[Title 11 RCW—page 136]
(1) To the extent not allocated to income under this
chapter, assets received from a transferor during the
transferor’s lifetime, a decedent’s estate, a trust with a
terminating income interest, or a payer under a contract
naming the trust or its trustee as beneficiary;
(2) Money or other property received from the sale,
exchange, liquidation, or change in form of a principal asset,
including realized profit, subject to this article;
(3) Amounts recovered from third parties to reimburse
the trust because of disbursements described in RCW
11.104A.260(a)(7) or for other reasons to the extent not
based on the loss of income;
(4) Proceeds of property taken by eminent domain, but
a separate award made for the loss of income with respect
to an accounting period during which a current income
beneficiary had a mandatory income interest is income;
(5) Net income received in an accounting period during
which there is no beneficiary to whom a trustee may or must
distribute income; and
(6) Other receipts as provided in Part 3 of this article.
[2002 c 345 § 404.]
11.104A.140 Rental property. (Effective January 1,
2003.) To the extent that a trustee accounts for receipts
from rental property pursuant to this section, the trustee shall
allocate to income an amount received as rent of real or
personal property, including an amount received for
cancellation or renewal of a lease. An amount received as
a refundable deposit, including a security deposit or a deposit
that is to be applied as rent for future periods, must be added
to principal and held subject to the terms of the lease and is
not available for distribution to a beneficiary until the
trustee’s contractual obligations have been satisfied with
respect to that amount. [2002 c 345 § 405.]
11.104A.150 Obligation to pay money. (Effective
January 1, 2003.) (a) An amount received as interest,
whether determined at a fixed, variable, or floating rate, on
an obligation to pay money to the trustee, including an
amount received as consideration for prepaying principal,
must be allocated to income without any provision for
amortization of premium.
(b) A trustee shall allocate to principal an amount
received from the sale, redemption, or other disposition of an
obligation to pay money to the trustee more than one year
after it is purchased or acquired by the trustee, including an
obligation whose purchase price or value when it is acquired
is less than its value at maturity. If the obligation matures
within one year after it is purchased or acquired by the
trustee, an amount received in excess of its purchase price or
its value when acquired by the trust must be allocated to
income.
(c) This section does not apply to an obligation to which
RCW 11.104A.180, 11.104A.190, 11.104A.200,
11.104A.210, 11.104A.230, or 11.104A.240 applies. [2002
c 345 § 406.]
11.104A.160 Insurance policies and similar contracts. (Effective January 1, 2003.) (a) Except as otherwise provided in subsection (b) of this section, a trustee shall
allocate to principal the proceeds of a life insurance policy
(2002 Ed.)
Washington Principal and Income Act of 2002
or other contract in which the trust or its trustee is named as
beneficiary, including a contract that insures the trust or its
trustee against loss for damage to, destruction of, or loss of
title to a trust asset. The trustee shall allocate dividends on
an insurance policy to income if the premiums on the policy
are paid from income, and to principal if the premiums are
paid from principal.
(b) A trustee shall allocate to income proceeds of a
contract that insures the trustee against loss of occupancy or
other use by an income beneficiary, loss of income, or,
subject to RCW 11.104A.120, loss of profits from a business.
(c) This section does not apply to a contract to which
RCW 11.104A.180 applies. [2002 c 345 § 407.]
PART 3: RECEIPTS NORMALLY APPORTIONED
11.104A.170 Insubstantial allocations not required.
(Effective January 1, 2003.) If a trustee determines that an
allocation between principal and income required by RCW
11.104A.180, 11.104A.190, 11.104A.200, 11.104A.210, or
11.104A.240 is insubstantial, the trustee may allocate the
entire amount to principal unless one of the circumstances
described in RCW 11.104A.020(c) applies to the allocation.
This power may be exercised by a cotrustee in the circumstances described in RCW 11.104A.020(d) and may be
released for the reasons and in the manner described in
RCW 11.104A.020(f). An allocation is presumed to be
insubstantial if:
(1) The amount of the allocation would increase or
decrease net income in an accounting period, as determined
before the allocation, by less than ten percent; or
(2) The value of the asset producing the receipt for
which the allocation would be made is less than ten percent
of the total value of the trust’s assets at the beginning of the
accounting period. [2002 c 345 § 408.]
11.104A.180 Deferred compensation, annuities, and
similar payments. (Effective January 1, 2003.) (a) In this
section, "payment" means a payment that a trustee may
receive over a fixed number of years or during the life of
one or more individuals because of services rendered or
property transferred to the payer in exchange for future
payments. The term includes a payment made in money or
property from the payer’s general assets or from a separate
fund created by the payer, including a private or commercial
annuity, an individual retirement account, and a pension,
profit-sharing, stock-bonus, or stock-ownership plan.
(b) To the extent that a payment is characterized as
interest or a dividend or a payment made in lieu of interest
or a dividend, a trustee shall allocate it to income. The
trustee shall allocate to principal the balance of the payment
and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an
equivalent payment.
(c) If no part of a payment is characterized as interest,
a dividend, or an equivalent payment, a trustee shall allocate
to income four percent of the total value of the interests of
the trustee in the plan, annuity, or similar payment as of the
first business day of the accounting period and the balance
to principal.
(2002 Ed.)
11.104A.160
(d) If, to obtain an estate tax marital deduction for a
trust, a trustee must allocate more of a payment to income
than provided for by this section, the trustee shall allocate to
income the additional amount necessary to obtain the marital
deduction.
(e) This section does not apply to payments to which
RCW 11.104A.190 applies. [2002 c 345 § 409.]
11.104A.190 Liquidating asset. (Effective January
1, 2003.) (a) In this section, "liquidating asset" means an
asset whose value will diminish or terminate because the
asset is expected to produce receipts for a period of limited
duration. The term includes a leasehold, patent, copyright,
royalty right, and right to receive payments during a period
of more than one year under an arrangement that does not
provide for the payment of interest on the unpaid balance.
The term does not include a payment subject to RCW
11.104A.180, resources subject to RCW 11.104A.200, timber
subject to RCW 11.104A.210, an activity subject to RCW
11.104A.230, an asset subject to RCW 11.104A.240, or any
asset for which the trustee establishes a reserve for depreciation under RCW 11.104A.270.
(b) A trustee shall allocate to income ten percent of the
receipts from a liquidating asset and the balance to principal.
[2002 c 345 § 410.]
11.104A.200 Minerals, water, and other natural
resources. (Effective January 1, 2003.) (a) To the extent
that a trustee accounts for receipts from an interest in
minerals or other natural resources pursuant to this section,
the trustee shall allocate them as follows:
(1) If received as nominal delay rental or nominal
annual rent on a lease, a receipt must be allocated to income;
(2) If received from a production payment, a receipt
must be allocated to income if and to the extent that the
agreement creating the production payment provides a factor
for interest or its equivalent. The balance must be allocated
to principal;
(3) If an amount received as a royalty, shut-in-well
payment, take-or-pay payment, bonus, or delay rental is
more than nominal, ninety percent must be allocated to
principal and the balance to income; or
(4) If an amount is received from a working interest or
any other interest not provided for in (1), (2), or (3) of this
subsection, ninety percent of the net amount received must
be allocated to principal and the balance to income.
(b) An amount received on account of an interest in
water that is renewable must be allocated to income. If the
water is not renewable, ninety percent of the amount must be
allocated to principal and the balance to income.
(c) This chapter applies whether or not a decedent or
donor was extracting minerals, water, or other natural
resources before the interest became subject to the trust.
(d) If a trust owns an interest in minerals, water, or
other natural resources on January 1, 2003, the trustee may
allocate receipts from the interest as provided in this chapter
or in the manner used by the trustee before January 1, 2003.
If the trust acquires an interest in minerals, water, or other
natural resources after January 1, 2003, the trustee shall
allocate receipts from the interest as provided in this chapter.
[2002 c 345 § 411.]
[Title 11 RCW—page 137]
11.104A.210
Title 11 RCW: Probate and Trust Law
11.104A.210 Timber. (Effective January 1, 2003.)
(a) To the extent that a trustee accounts for receipts from the
sale of timber and related products pursuant to this section,
the trustee shall allocate the net receipts:
(1) To income to the extent that the amount of timber
removed from the land does not exceed the rate of growth of
the timber during the accounting periods in which a beneficiary has a mandatory income interest;
(2) To principal to the extent that the amount of timber
removed from the land exceeds the rate of growth of the
timber or the net receipts are from the sale of standing
timber;
(3) To or between income and principal if the net
receipts are from the lease of timberland or from a contract
to cut timber from land owned by a trust, by determining the
amount of timber removed from the land under the lease or
contract and applying the rules in (1) and (2) of this subsection; or
(4) To principal to the extent that advance payments,
bonuses, and other payments are not allocated pursuant to
(1), (2), or (3) of this subsection.
(b) In determining net receipts to be allocated pursuant
to subsection (a) of this section, a trustee shall deduct and
transfer to principal a reasonable amount for depletion.
(c) This chapter applies whether or not a decedent or
transferor was harvesting timber from the property before it
became subject to the trust.
(d) If a trust owns an interest in timberland on January 1, 2003, the trustee may allocate net receipts from the
sale of timber and related products as provided in this
chapter or in the manner used by the trustee before January
1, 2003. If the trust acquires an interest in timberland after
January 1, 2003, the trustee shall allocate net receipts from
the sale of timber and related products as provided in this
chapter. [2002 c 345 § 412.]
11.104A.220 Property not productive of income.
(Effective January 1, 2003.) (a) If a marital deduction is
allowed for all or part of a trust whose assets consist
substantially of property that does not provide the spouse
with sufficient income from or use of the trust assets, and if
the amounts that the trustee transfers from principal to
income under RCW 11.104A.020 and distributes to the
spouse from principal pursuant to the terms of the trust are
insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse
may require the trustee to make property productive of
income, convert property within a reasonable time, or
exercise the power conferred by RCW 11.104A.020(a). The
trustee may decide which action or combination of actions
to take.
(b) In cases not governed by subsection (a) of this
section, proceeds from the sale or other disposition of an
asset are principal without regard to the amount of income
the asset produces during any accounting period. [2002 c
345 § 413.]
11.104A.230 Derivatives and options. (Effective
January 1, 2003.) (a) In this section, "derivative" means a
contract or financial instrument or a combination of contracts
and financial instruments which gives a trust the right or
[Title 11 RCW—page 138]
obligation to participate in some or all changes in the price
of a tangible or intangible asset or group of assets, or
changes in a rate, an index of prices or rates, or other market
indicator for an asset or a group of assets.
(b) To the extent that a trustee does not account under
RCW 11.104A.120 for transactions in derivatives, the trustee
shall allocate to principal receipts from and disbursements
made in connection with those transactions.
(c) If a trustee grants an option to buy property from the
trust, whether or not the trust owns the property when the
option is granted, grants an option that permits another
person to sell property to the trust, or acquires an option to
buy property for the trust or an option to sell an asset owned
by the trust, and the trustee or other owner of the asset is
required to deliver the asset if the option is exercised, an
amount received for granting the option must be allocated to
principal. An amount paid to acquire the option must be
paid from principal. A gain or loss realized upon the
exercise of an option, including an option granted to a settlor
of the trust for services rendered, must be allocated to
principal. [2002 c 345 § 414.]
11.104A.240 Asset-backed securities. (Effective
January 1, 2003.) (a) In this section, "asset-backed security" means an asset whose value is based upon the right it
gives the owner to receive distributions from the proceeds of
financial assets that provide collateral for the security. The
term includes an asset that gives the owner the right to
receive from the collateral financial assets only the interest
or other current return or only the proceeds other than
interest or current return. The term does not include an asset
to which RCW 11.104A.100 or 11.104A.180 applies.
(b) If a trust receives a payment from interest or other
current return and from other proceeds of the collateral
financial assets, the trustee shall allocate to income the
portion of the payment which the payer identifies as being
from interest or other current return and shall allocate the
balance of the payment to principal.
(c) If a trust receives one or more payments in exchange
for the trust’s entire interest in an asset-backed security in
one accounting period, the trustee shall allocate the payments
to principal. If a payment is one of a series of payments
that will result in the liquidation of the trust’s interest in the
security over more than one accounting period, the trustee
shall allocate ten percent of the payment to income and the
balance to principal. [2002 c 345 § 415.]
ARTICLE 5
ALLOCATION OF DISBURSEMENTS DURING
ADMINISTRATION OF TRUST
11.104A.250 Disbursements from income. (Effective
January 1, 2003.) A trustee shall make the following
disbursements from income to the extent that they are not
disbursements to which RCW 11.104A.050(2) (ii) or (iii) applies:
(1) One-half of the regular compensation of the trustee
and of any person providing investment advisory or custodial
services to the trustee;
(2002 Ed.)
Washington Principal and Income Act of 2002
(2) One-half of all expenses for accountings, judicial
proceedings, or other matters that involve both the income
and remainder interests;
(3) All of the other ordinary expenses incurred in
connection with the administration, management, or preservation of trust property and the distribution of income,
including interest, ordinary repairs, regularly recurring taxes
assessed against principal, and expenses of a proceeding or
other matter that concerns primarily the income interest; and
(4) Recurring premiums on insurance covering the loss
of a principal asset or the loss of income from or use of the
asset. [2002 c 345 § 501.]
11.104A.260 Disbursements from principal.
(Effective January 1, 2003.) (a) A trustee shall make the
following disbursements from principal:
(1) The remaining one-half of the disbursements
described in RCW 11.104A.250 (1) and (2);
(2) All of the trustee’s compensation calculated on
principal as a fee for acceptance, distribution, or termination,
and disbursements made to prepare property for sale;
(3) Payments on the principal of a trust debt;
(4) Expenses of a proceeding that concerns primarily
principal, including a proceeding to construe the trust or to
protect the trust or its property;
(5) Premiums paid on a policy of insurance not described in RCW 11.104A.250(4) of which the trust is the
owner and beneficiary;
(6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and
(7) Disbursements related to environmental matters,
including reclamation, assessing environmental conditions,
remedying and removing environmental contamination,
monitoring remedial activities and the release of substances,
preventing future releases of substances, collecting amounts
from persons liable or potentially liable for the costs of those
activities, penalties imposed under environmental laws or
regulations and other payments made to comply with those
laws or regulations, statutory or common law claims by third
parties, and defending claims based on environmental
matters.
(b) If a principal asset is encumbered with an obligation
that requires income from that asset to be paid directly to the
creditor, the trustee shall transfer from principal to income
an amount equal to the income paid to the creditor in
reduction of the principal balance of the obligation.
(c) For disbursements not covered in this section or
RCW 11.104A.250, see RCW 11.104A.110(a)(4). [2002 c
345 § 502.]
11.104A.270 Transfers from income to principal for
depreciation. (Effective January 1, 2003.) (a) In this
section, "depreciation" means a reduction in value due to
wear, tear, decay, corrosion, or gradual obsolescence of a
fixed asset having a useful life of more than one year.
(b) A trustee may transfer to principal a reasonable
amount of the net cash receipts from a principal asset that is
subject to depreciation, but may not transfer any amount for
depreciation:
(1) Of that portion of real property used or available for
use by a beneficiary as a residence or of tangible personal
(2002 Ed.)
11.104A.250
property held or made available for the personal use or
enjoyment of a beneficiary; or
(2) Under this section if the trustee is accounting under
RCW 11.104A.120 for the business or activity in which the
asset is used.
(c) An amount transferred to principal need not be held
as a separate fund. [2002 c 345 § 503.]
11.104A.280 Transfers from income to reimburse
principal. (Effective January 1, 2003.) (a) If a trustee
makes or expects to make a principal disbursement described
in this section, the trustee may transfer an appropriate
amount from income to principal in one or more accounting
periods to reimburse principal or to provide a reserve for
future principal disbursements.
(b) Principal disbursements to which subsection (a) of
this section applies include the following, but only to the
extent that the trustee has not been and does not expect to be
reimbursed by a third party:
(1) An amount chargeable to income but paid from
principal because it is unusually large, including extraordinary repairs;
(2) A capital improvement to a principal asset, whether
in the form of changes to an existing asset or the construction of a new asset, including special assessments;
(3) Disbursements made to prepare property for rental,
including tenant allowances, leasehold improvements, and
broker’s commissions;
(4) Periodic payments on an obligation secured by a
principal asset to the extent that the amount transferred from
income to principal for depreciation is less than the periodic
payments; and
(5) Disbursements described in RCW 11.104A.260(a)(7).
(c) If the asset whose ownership gives rise to the
disbursements becomes subject to a successive income
interest after an income interest ends, a trustee may continue
to transfer amounts from income to principal as provided in
subsection (a) of this section. [2002 c 345 § 504.]
11.104A.290 Income taxes. (Effective January 1,
2003.) (a) A tax required to be paid by a trustee based on
receipts allocated to income must be paid from income.
(b) A tax required to be paid by a trustee based on
receipts allocated to principal must be paid from principal,
even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust’s
share of an entity’s taxable income must be paid proportionately:
(1) From income to the extent that receipts from the
entity are allocated to income; and
(2) From principal to the extent that:
(i) Receipts from the entity are allocated to principal;
and
(ii) The trust’s share of the entity’s taxable income
exceeds the total receipts described in (1) and (2)(i) of this
subsection.
(d) For purposes of this section, receipts allocated to
principal or income must be reduced by the amount distributed to a beneficiary from principal or income for which the
[Title 11 RCW—page 139]
11.104A.290
Title 11 RCW: Probate and Trust Law
trust receives a deduction in calculating the tax. [2002 c 345
§ 505.]
11.104A.300 Adjustments between principal and
income because of taxes. (Effective January 1, 2003.) (a)
A fiduciary may make adjustments between principal and
income to offset the shifting of economic interests or tax
benefits between income beneficiaries and remainder
beneficiaries which arise from:
(1) Elections and decisions, other than those described
in subsection (b) of this section, that the fiduciary makes
from time to time regarding tax matters;
(2) An income tax or any other tax that is imposed upon
the fiduciary or a beneficiary as a result of a transaction
involving or a distribution from the estate or trust; or
(3) The ownership by an estate or trust of an interest in
an entity whose taxable income, whether or not distributed,
is includable in the taxable income of the estate, trust, or a
beneficiary.
(b) If the amount of an estate tax marital deduction or
charitable contribution deduction is reduced because a
fiduciary deducts an amount paid from principal for income
tax purposes instead of deducting it for estate tax purposes,
and as a result estate taxes paid from principal are increased
and income taxes paid by an estate, trust, or beneficiary are
decreased, each estate, trust, or beneficiary that benefits from
the decrease in income tax shall reimburse the principal from
which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent
that the principal used to pay the increase would have
qualified for a marital deduction or charitable contribution
deduction but for the payment. The proportionate share of
the reimbursement for each estate, trust, or beneficiary
whose income taxes are reduced must be the same as its
proportionate share of the total decrease in income tax. An
estate or trust shall reimburse principal from income. [2002
c 345 § 506.]
ARTICLE 6
MISCELLANEOUS PROVISIONS
11.104A.900 Uniformity of application and construction. (Effective January 1, 2003.) In applying and
construing chapter 345, Laws of 2002, consideration must be
given to the need to promote uniformity of the law with
respect to its subject matter among states that enact similar
laws. [2002 c 345 § 602.]
11.104A.901 Application of chapter 11.96A RCW.
(Effective January 1, 2003.) Nothing in chapter 345, Laws
of 2002 is intended to restrict the application of chapter
11.96A RCW to issues, questions, or disputes that arise
under or that relate to chapter 345, Laws of 2002. Any and
all such issues, questions, or disputes shall be resolved
judicially or nonjudicially under chapter 11.96A RCW.
[2002 c 345 § 603.]
11.104A.902 Severability—2002 c 345. (Effective
January 1, 2003.) If any provision of this act or its application to any person or circumstance is held invalid, the
[Title 11 RCW—page 140]
remainder of the act or the application of the provision to
other persons or circumstances is not affected. [2002 c 345
§ 604.]
11.104A.903 Captions, article and part headings not
law—2002 c 345. (Effective January 1, 2003.) Captions,
article headings, and part headings used in this chapter are
not any part of the law. [2002 c 345 § 605.]
11.104A.904 Effective date—2002 c 345. This act
takes effect January 1, 2003. [2002 c 345 § 606.]
11.104A.905 Application of act to existing trusts
and estates. (Effective January 1, 2003.) Except as
specifically provided otherwise in the terms of a trust or a
will, chapter 345, Laws of 2002 shall apply to any receipt or
expense received or incurred on or after January 1, 2003, by
any trust or decedent’s estate, whether established before, on,
or after January 1, 2003, and whether the asset involved was
acquired by the fiduciary before, on, or after January 1,
2003. [2002 c 345 § 607.]
Chapter 11.106
TRUSTEES’ ACCOUNTING ACT
Sections
11.106.010
11.106.020
11.106.030
11.106.040
11.106.050
11.106.060
11.106.070
11.106.080
11.106.090
11.106.100
11.106.110
Scope of chapter—Exceptions.
Trustee’s annual statement.
Intermediate and final accounts—Contents—Filing.
Petition for statement of account.
Account filed—Return day—Notice.
Account filed—Objections—Appointment of guardians ad
litem—Representatives.
Court to determine accuracy, validity—Decree.
Effect of decree.
Appeal from decree.
Waiver of accounting by beneficiary.
Modification under chapter 11.97 RCW—How constituted.
11.106.010 Scope of chapter—Exceptions. This
chapter does not apply to resulting trusts, constructive trusts,
business trusts where certificates of beneficial interest are
issued to the beneficiaries, investment trusts, voting trusts,
insurance trusts prior to the death of the insured, trusts in the
nature of mortgages or pledges, trusts created by judgment
or decree of a federal court or of the superior court when not
sitting in probate, liquidation trusts or trusts for the sole
purpose of paying dividends, interest or interest coupons,
salaries, wages or pensions; nor does this chapter apply to
personal representatives. [1985 c 30 § 95. Prior: 1984 c
149 § 128; 1955 c 33 § 30.30.010; prior: 1951 c 226 § 10.
Formerly RCW 30.30.010.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.020 Trustee’s annual statement. The trustee
or trustees appointed by any will, deed, or agreement
executed shall mail or deliver at least annually to each adult
income trust beneficiary a written itemized statement of all
current receipts and disbursements made by the trustee of the
(2002 Ed.)
Trustees’ Accounting Act
funds of the trust both principal and income, and upon the
request of any such beneficiary shall furnish the beneficiary
an itemized statement of all property then held by that
trustee, and may also file any such statement in the superior
court of the county in which the trustee or one of the
trustees resides. [1985 c 30 § 96. Prior: 1984 c 149 § 129;
1955 c 33 § 30.30.020; prior: 1951 c 226 § 2. Formerly
RCW 30.30.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.106.030 Intermediate and final accounts—
Contents—Filing. In addition to the statement required by
RCW 11.106.020 any such trustee or trustees whenever it or
they so desire, may file in the superior court of the county
in which the trustees or one of the trustees resides an
intermediate account under oath showing:
(1) The period covered by the account;
(2) The total principal with which the trustee is chargeable according to the last preceding account or the inventory
if there is no preceding account;
(3) An itemized statement of all principal funds received
and disbursed during such period;
(4) An itemized statement of all income received and
disbursed during such period, unless waived;
(5) The balance of such principal and income remaining
at the close of such period and how invested;
(6) The names and addresses of all living beneficiaries,
including contingent beneficiaries, of the trust, and a
statement as to any such beneficiary known to be under legal
disability;
(7) A description of any possible unborn or unascertained beneficiary and his interest in the trust fund.
After the time for termination of the trust has arrived,
the trustee or trustees may also file a final account in similar
manner. [1985 c 30 § 97. Prior: 1984 c 149 § 130; 1955
c 33 § 30.30.030; prior: 1951 c 226 § 3. Formerly RCW
30.30.030.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.040 Petition for statement of account. At
any time after the later of one year from the inception of the
trust or one year after the day on which a report was last
filed, any settlor or beneficiary of a trust may file a petition
under RCW 11.96A.080 with the superior court in the
county where the trustee or one of the trustees resides asking
the court to direct the trustee or trustees to file in the court
an account. At the hearing on such petition the court may
order the trustee to file an account for good cause shown.
[1999 c 42 § 627; 1985 c 30 § 98. Prior: 1984 c 149 §
131; 1955 c 33 § 30.30.040; prior: 1951 c 226 § 4.
Formerly RCW 30.30.040.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
(2002 Ed.)
11.106.020
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.050 Account filed—Return day—Notice.
When any account has been filed pursuant to RCW
11.106.030 or 11.106.040, the clerk of the court where filed
shall fix a return day therefor as provided in RCW
11.96A.100(4) and issue a notice. The notice shall state the
time and place for the return date, the name or names of the
trustee or trustees who have filed the account, that the
account has been filed, that the court is asked to settle the
account, and that any objections or exceptions to the account
must be filed with the clerk of the court on or before the
return date. The notice shall be given as provided for
notices under RCW 11.96A.110. [1999 c 42 § 628; 1985 c
30 § 99. Prior: 1984 c 149 § 132; 1955 c 33 § 30.30.050;
prior: 1951 c 226 § 5. Formerly RCW 30.30.050.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.060
Account filed—Objections—
Appointment of guardians ad litem—Representatives.
Upon or before the return date any beneficiary of the trust
may file the beneficiary’s written objections or exceptions to
the account filed or to any action of the trustee or trustees
set forth in the account. The court shall appoint guardians
ad litem as provided in RCW 11.96A.160 and the court may
allow representatives to be appointed under RCW
11.96A.120 or 11.96A.250 to represent the persons listed in
those sections. [1999 c 42 § 629; 1985 c 30 § 100. Prior:
1984 c 149 § 133; 1977 ex.s. c 80 § 31; 1955 c 33 §
30.30.060; prior: 1951 c 226 § 6. Formerly RCW
30.30.060.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
11.106.070 Court to determine accuracy, validity—
Decree. Upon the return date or at some later date fixed by
the court if so requested by one or more of the parties, the
court without the intervention of a jury and after hearing all
the evidence submitted shall determine the correctness of the
account and the validity and propriety of all actions of the
trustee or trustees set forth in the account including the
purchase, retention, and disposition of any of the property
and funds of the trust, and shall render its decree either
approving or disapproving the account or any part of it, and
surcharging the trustee or trustees for all losses, if any,
caused by negligent or wilful breaches of trust. [1985 c 30
§ 101. Prior: 1984 c 149 § 134; 1955 c 33 § 30.30.070;
prior: 1951 c 226 § 7. Formerly RCW 30.30.070.]
[Title 11 RCW—page 141]
11.106.070
Title 11 RCW: Probate and Trust Law
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.080 Effect of decree. The decree rendered
under RCW 11.106.070 shall be deemed final, conclusive,
and binding upon all the parties interested including all
incompetent, unborn, and unascertained beneficiaries of the
trust subject only to the right of appeal under RCW
11.106.090. [1985 c 30 § 102. Prior: 1984 c 149 § 135;
1955 c 33 § 30.30.080; prior: 1951 c 226 § 8. Formerly
RCW 30.30.080.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.090 Appeal from decree. The decree rendered
under RCW 11.106.070 shall be a final order from which
any party in interest may appeal as in civil actions to the
supreme court or the court of appeals of the state of Washington. [1985 c 30 § 103. Prior: 1984 c 149 § 136; 1971
c 81 § 80; 1955 c 33 § 30.30.090; prior: 1951 c 226 § 9.
Formerly RCW 30.30.090.]
Rules of court: Method of appellate review superseded by RAP 2.2(a)(3),
18.22.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.100 Waiver of accounting by beneficiary.
Any adult beneficiary entitled to an accounting under either
RCW 11.106.020 or 11.106.030 may waive such an accounting by a separate instrument delivered to the trustee.
[1985 c 30 § 104. Prior: 1984 c 149 § 137; 1955 c 33 §
30.30.100; prior: 1951 c 226 § 11. Formerly RCW
30.30.100.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.106.110 Modification under chapter 11.97
RCW—How constituted. This chapter is declared to be of
similar import to the uniform trustees’ accounting act. Any
modification under chapter 11.97 RCW, including waiver, of
the requirements of this chapter in any will, deed, or
agreement heretofore or hereafter executed shall be given
effect whether the waiver refers to the uniform trustees’
accounting act by name or other reference or to any other act
of like or similar import. [1985 c 30 § 105. Prior: 1984 c
149 § 138; 1955 c 33 § 30.30.110; prior: 1951 c 226 § 12.
Formerly RCW 30.30.110.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
[Title 11 RCW—page 142]
Chapter 11.108
TRUST GIFT DISTRIBUTION
Sections
11.108.010 Definitions.
11.108.020 Marital deduction gift—Compliance with Internal Revenue
Code—Fiduciary powers.
11.108.025 Election to qualify property for the marital deduction—
Generation-skipping transfer tax allocations.
11.108.030 Pecuniary bequests—Valuation of assets if distribution other
than money.
11.108.040 Construction of certain marital deduction formula bequests.
11.108.050 Marital deduction gift in trust.
11.108.060 Marital deduction gift—Survivorship requirement—Limits—
Property to be held in trust.
11.108.900 Application of chapter.
11.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) The term "pecuniary bequest" means a gift in a
governing instrument which either is expressly stated as a
fixed dollar amount or is a gift of a dollar amount determinable by the governing instrument, and a gift expressed in
terms of a "sum" or an "amount," unless the context dictates
otherwise, is a gift of a dollar amount.
(2) As the context might require, the term "marital
deduction" means either the federal estate tax deduction or
the federal gift tax deduction allowed for transfers to spouses
under the Internal Revenue Code.
(3) The term "maximum marital deduction" means the
maximum amount qualifying for the marital deduction.
(4) The term "marital deduction gift" means a gift
intended to qualify for the marital deduction as indicated by
a preponderance of the evidence including the governing
instrument and extrinsic evidence whether or not the governing instrument is found to be ambiguous.
(5) The term "governing instrument" includes, but is not
limited to: Will and codicils; revocable trusts and amendments or addenda to revocable trusts; irrevocable trusts;
beneficiary designations under life insurance policies,
annuities, employee benefit plans, and individual retirement
accounts; payable-on-death, trust, or joint with right of
survivorship bank or brokerage accounts; transfer on death
designations or transfer on death or pay on death securities;
and documents exercising powers of appointment.
(6) The term "fiduciary" means trustee or personal
representative. Reference to a fiduciary in the singular
includes the plural where the context requires.
(7) The term "gift" refers to all legacies, devises, and
bequests made in a governing instrument.
(8) The term "transferor" means the testator, grantor, or
other person making a gift.
(9) The term "spouse" includes the transferor’s surviving
spouse in the case of a deceased transferor. [1997 c 252 §
81; 1993 c 73 § 2; 1990 c 224 § 2; 1988 c 64 § 27; 1985 c
30 § 106. Prior: 1984 c 149 § 140.]
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
(2002 Ed.)
Trust Gift Distribution
11.108.020 Marital deduction gift—Compliance
with Internal Revenue Code—Fiduciary powers. (1) If a
governing instrument contains a marital deduction gift, the
governing instrument shall be construed to comply with the
marital deduction provisions of the Internal Revenue Code
in every respect.
(2) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing
instrument has all the powers, duties, and discretionary
authority necessary to comply with the marital deduction
provisions of the Internal Revenue Code. The fiduciary shall
not take any action or have any power that may impair that
deduction, but this does not require the fiduciary to make the
elections under either section 2056(b)(7) or 2523(f) of the
Internal Revenue Code that is referred to in RCW
11.108.025. [1997 c 252 § 82; 1993 c 73 § 3; 1988 c 64 §
28; 1985 c 30 § 107. Prior: 1984 c 149 § 141.]
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.108.025 Election to qualify property for the
marital deduction—Generation-skipping transfer tax
allocations. Unless a governing instrument directs to the
contrary:
(1) The fiduciary shall have the power to make elections, in whole or in part, to qualify property for the marital
deduction as qualified terminable interest property under
section 2056(b)(7) or 2523(f) of the Internal Revenue Code
or, if the surviving spouse is not a citizen of the United
States, under section 2056A of the Internal Revenue Code.
Further, the fiduciary shall have the power to make generation-skipping transfer tax allocations under section 2632 of
the Internal Revenue Code.
(2) The fiduciary making an election under section
2056(b)(7), 2523(f), or 2056A of the Internal Revenue Code
or making an allocation under section 2632 of the Internal
Revenue Code may benefit personally from the election or
allocation, with no duty to reimburse any other person
interested in the election or allocation. The fiduciary shall
have no duty to make any equitable adjustment and shall
have no duty to treat interested persons impartially in respect
of the election or allocation.
(3) The fiduciary of a trust, if an election is made under
section 2056(b)(7), 2523(f), or 2056A of the Internal
Revenue Code, if an allocation is made under section 2632
of the Internal Revenue Code, or if division of a trust is of
benefit to the persons interested in the trust, may divide the
trust into two or more separate trusts, of equal or unequal
value, if:
(a) The terms of the separate trusts which result are
substantially identical to the terms of the trust before
division;
(b) In the case of a trust otherwise qualifying for the
marital deduction under the Internal Revenue Code, the
division shall not prevent a separate trust for which the
election is made from qualifying for the marital deduction;
and
(2002 Ed.)
11.108.020
(c) The allocation of assets shall be based upon the fair
market value of the assets at the time of the division. [1997
c 252 § 83; 1993 c 73 § 4; 1991 c 6 § 1; 1990 c 179 § 2;
1988 c 64 § 29.]
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
11.108.030 Pecuniary bequests—Valuation of assets
if distribution other than money. (1) If a governing
instrument authorizes the fiduciary to satisfy a pecuniary bequest in whole or in part by distribution of property other
than money, the assets selected for that purpose shall be
valued at their respective fair market values on the date or
dates of distribution, unless the governing instrument
expressly provides otherwise. If the governing instrument
permits the fiduciary to value the assets selected for the
distribution as of a date other than the date or dates of
distribution, then, unless the governing instrument expressly
provides otherwise, the assets selected by the fiduciary for
that purpose shall have an aggregate fair market value on the
date or dates of distribution which, when added to any cash
distributed, will amount to no less than the amount of that
gift as stated in, or determined by, the governing instrument.
(2) A marital deduction gift shall be satisfied only with
assets that qualify for those deductions. [1985 c 30 § 108.
Prior: 1984 c 149 § 142.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.108.040 Construction of certain marital deduction formula bequests. (1) If a testator, under the terms of
a governing instrument executed prior to September 12,
1981, leaves outright to or in trust for the benefit of that
testator’s surviving spouse an amount or fractional share of
that testator’s estate or a trust estate expressed in terms of
one-half of that testator’s federal adjusted gross estate, or by
any other reference to the maximum estate tax marital
deduction allowable under federal law without referring,
either in that governing instrument or in any codicil or
amendment thereto, specifically to the unlimited federal
estate tax marital deduction enacted as part of the economic
recovery tax act of 1981, such expression shall, unless subsection (2) or (3) of this section applies, be construed as
referring to the unlimited federal estate tax marital deduction, and also as expressing such amount or fractional share,
as the case may be, in terms of the minimum amount which
will cause the least possible amount of federal estate tax to
be payable as a result of the testator’s death, taking into account other property passing to the surviving spouse that
qualifies for the marital deduction, at the value at which it
qualifies, and also taking into account all credits against the
federal estate tax, but only to the extent that the use of these
credits do not increase the death tax payable.
(2) If this subsection applies to a testator, such expression shall be construed as referring to the estate tax marital
deduction allowed by federal law immediately prior to the
enactment of the unlimited estate tax marital deduction as a
part of the economic recovery tax act of 1981. This subsection applies if subsection (3) of this section does not apply
and:
[Title 11 RCW—page 143]
11.108.040
Title 11 RCW: Probate and Trust Law
(a) The application of this subsection to the testator will
not cause an increase in the federal estate taxes payable as
a result of the testator’s death over the amount of such taxes
which would be payable if subsection (1) of this section
applied; or
(b) The testator is survived by a blood or adopted
descendant who is not also a blood or adopted descendant of
the testator’s surviving spouse, unless such person or persons
have entered into an agreement under RCW 11.96A.220; or
(c) The testator amended the governing instrument
containing such expression after December 31, 1981, without
amending such expression to refer expressly to the unlimited
federal estate tax marital deduction.
(3) If the governing instrument contains language
expressly stating that federal law of a particular time prior to
January 1, 1982, is to govern the construction or interpretation of such expression, the expression shall be construed as
referring to the marital deduction allowable under federal
law in force and effect as of that time.
(4) If subsection (2) or (3) of this section applies to the
testator, the expression shall not be construed as referring to
any property that the personal representative of the testator’s
estate or other authorized fiduciary elects to qualify for the
federal estate tax marital deduction as qualified terminable
interest property. If subsection (1) of this section applies to
the testator, any provision shall be construed as referring to
any property that the personal representative of the testator’s
estate or other authorized fiduciary elects to qualify for the
federal estate tax marital deduction as qualified terminable
interest property, but only to the extent that such construction does not cause the amount or fractional share left to or
for the benefit of the surviving spouse to be reduced below
the amount that would pass under subsection (2) or (3) of
this section, whichever is applicable.
(5) This section is effective with respect to testators
dying after December 31, 1982. [1999 c 42 § 630; 1985 c
30 § 109. Prior: 1984 c 149 § 143.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.108.050 Marital deduction gift in trust. If a
governing instrument contains a marital deduction gift in
trust, then in addition to the other provisions of this chapter,
each of the following applies to the trust to the extent
necessary to qualify the gift for the marital deduction:
(1) If the transferor’s spouse is a citizen of the United
States at the time of the transfer:
(a) The transferor’s spouse is entitled to all of the
income from the trust, payable annually or at more frequent
intervals, during the spouse’s life;
(b) During the life of the transferor’s spouse, a person
may not appoint or distribute any part of the trust property
to a person other than the transferor’s spouse;
(c) The transferor’s spouse may compel the trustee of
the trust to make any unproductive property of the trust
productive, or to convert the unproductive property into
productive property, within a reasonable time; and
[Title 11 RCW—page 144]
(d) The transferor’s spouse may, alone and in all events,
dispose of all of the trust property, including accrued or
undistributed income, remaining after the spouse’s death
under a testamentary general power of appointment, as
defined in section 2041 of the Internal Revenue Code.
However, this subsection (1)(d) does not apply to: (i) A
marital deduction gift in trust which is described in subsection (2) of this section; (ii) that portion of a marital deduction gift in trust that has qualified for the marital deduction
as a result of an election under section 2056(b)(7) or 2523(f)
of the Internal Revenue Code; and (iii) that portion of
marital deduction gift in trust that would have qualified for
the marital deduction but for the fiduciary’s decision not to
make the election under section 2056(b)(7) or 2523(f) of the
Internal Revenue Code;
(2) If the transferor’s spouse is not a citizen of the
United States at the time of the transfer, then to the extent
necessary to qualify the gift for the marital deduction,
subsection (1)(a), (b), and (c) of this section and each of the
following applies to the trust:
(a) At least one trustee of the trust must be an individual citizen of the United States or a domestic corporation, and
a distribution, other than a distribution of income, may not
be made from the trust unless a trustee who is an individual
citizen of the United States or a domestic corporation has the
right to withhold from the distribution the tax imposed under
section 2056A of the Internal Revenue Code on the distribution;
(b) The trust must meet such requirements as the
secretary of the treasury of the United States by regulations
prescribes to ensure collection of estate tax, under section
2056A(b) of the Internal Revenue Code; and
(c) Subsection (2)(a) and (b) of this section no longer
apply to the trust if the transferor’s spouse becomes a citizen
of the United States and: (i) The transferor’s spouse was a
resident of the United States at all times after the transferor’s
death and before becoming a citizen; (ii) tax has not been
imposed on the trust under section 2056A(b)(1)(A) of the Internal Revenue Code before the transferor’s spouse becomes
a citizen; or (iii) the transferor’s spouse makes an election
under section 2056A(b)(12)(C) of the Internal Revenue Code
regarding tax imposed on distributions from the trust before
becoming a citizen; and
(3) Subsection (1) of this section does not apply to:
(a) A trust: (i) That provides for a life estate or term of
years for the exclusive benefit of the transferor’s spouse,
with the remainder payable to the such spouse’s estate; or
(ii) created exclusively for the benefit of the estate of the
transferor’s spouse; and
(b) An interest of the transferor’s spouse in a charitable
remainder annuity trust or charitable remainder unitrust
described in section 664 of the Internal Revenue Code, if the
transferor’s spouse is the only noncharitable beneficiary.
[1997 c 252 § 84; 1993 c 73 § 5; 1990 c 179 § 3; 1985 c 30
§ 110. Prior: 1984 c 149 § 144.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.108.060 Marital deduction gift—Survivorship
requirement—Limits—Property to be held in trust. For
(2002 Ed.)
Trust Gift Distribution
an estate that exceeds the amount exempt from tax by virtue
of the credit under section 2010 of the Internal Revenue
Code, if taking into account applicable adjusted taxable gifts
as defined in section 2001(b) of the Internal Revenue Code,
any marital deduction gift that is conditioned upon the
transferor’s spouse surviving the transferor for a period of
more than six months, is governed by the following:
(1) A survivorship requirement expressed in the governing instrument in excess of six months, other than survival
by a spouse of a common disaster resulting in the death of
the transferor, does not apply to property passing under the
marital deduction gift, and for the gift, the survivorship
requirement is limited to a six-month period beginning with
the transferor’s death.
(2) The property that is the subject of the marital
deduction gift must be held in a trust meeting the requirements of section 2056(b)(7) of the Internal Revenue Code
the corpus of which must: (a) Pass as though the spouse
failed to survive the transferor if the spouse, in fact, fails to
survive the term specified in the governing instrument; and
(b) pass to the spouse under the terms of the governing
instrument if the spouse, in fact, survives the term specified
in the governing instrument. [1999 c 44 § 1; 1997 c 252 §
86; 1989 c 35 § 1; 1985 c 30 § 111. Prior: 1984 c 149 §
145.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.108.900 Application of chapter. This chapter
applies to all estates, trusts, and governing instruments in
existence on or any time after March 7, 1984, and to all
proceedings with respect thereto after that date, whether the
proceedings commenced before or after that date, and
including distributions made after that date. This chapter
shall not apply to any governing instrument the terms of
which expressly or by necessary implication make this
chapter inapplicable. The judicial and nonjudicial dispute
resolution procedures of chapter 11.96A RCW apply to this
chapter. [1999 c 42 § 631; 1985 c 30 § 112. Prior: 1984
c 149 § 146.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 11.110
CHARITABLE TRUSTS
Sections
11.110.010 Purpose of chapter.
11.110.020 Definitions.
11.110.040 Information, documents, and reports are public records—
Inspection—Publication.
11.110.051 Registration of trustee—Requirements—Exception—
Application of chapter to nonregistered trustees.
11.110.060 Instrument establishing trust, inventory of assets, registration
status, successor trustee information, and amendments to
be filed.
11.110.070 Tax or information return or report—Filing—Rules—Forms.
(2002 Ed.)
11.108.060
11.110.075 Trust not exclusively for charitable purposes—Instrument
and information not public—Access.
11.110.090 Uniformity of chapter with laws of other states.
11.110.100 Investigations by attorney general authorized—Appearance
and production of books, papers, documents, etc., may
be required.
11.110.110 Order to appear—Effect—Enforcement—Appellate review.
11.110.120 Proceedings to secure compliance and proper trust administration—Attorney general to be notified of judicial proceedings involving charitable trust—Powers and duties
additional.
11.110.125 Violations—Refusal to file reports, perform duties, etc.
11.110.130 Violations—Civil action may be prosecuted.
11.110.140 Penalty.
11.110.200 Tax Reform Act of 1969, state implementation—Application
of RCW 11.110.200 through 11.110.260 to certain trusts
defined in federal code.
11.110.210 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.
11.110.220 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution.
11.110.230 Tax Reform Act of 1969, state implementation—Rights,
powers, of courts, attorney general, not impaired.
11.110.250 Tax Reform Act of 1969, state implementation—Application
to trust created after June 10, 1971, or amendment to
existing trust.
11.110.260 Tax Reform Act of 1969, state implementation—
Severability—RCW 11.110.200 through 11.110.260.
11.110.270 Tax Reform Act of 1969, state implementation—Not for
profit corporations.
11.110.900 Severability—1967 ex.s. c 53.
Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125.
11.110.010 Purpose of chapter. The purpose of this
chapter is to facilitate public supervision over the administration of public charitable trusts and similar relationships and
to clarify and implement the powers and duties of the attorney general and the secretary of state with relation thereto.
[1993 c 471 § 25; 1985 c 30 § 113. Prior: 1967 ex.s. c 53
§ 1. Formerly RCW 19.10.010.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.020 Definitions. When used in this chapter,
unless the context otherwise requires:
"Person" means an individual, organization, group,
association, partnership, corporation, or any combination of
them.
"Trustee" means (1) any person holding property in trust
for a public charitable purpose; except the United States, its
states, territories, and possessions, the District of Columbia,
Puerto Rico, and their agencies and subdivisions; and (2) a
corporation formed for the administration of a charitable
trust or holding assets subject to limitations permitting their
use only for charitable, religious, eleemosynary, benevolent,
educational, or similar purposes: PROVIDED, That the term
"trustee" does not apply to (a) religious corporations duly
organized and operated in good faith as religious organizations, which have received a declaration of current tax
exempt status from the government of the United States;
their duly organized branches or chapters; and charities,
agencies, and organizations affiliated with and forming an
integral part of said organization, or operated, supervised, or
controlled directly by such religious corporations nor any
[Title 11 RCW—page 145]
11.110.020
Title 11 RCW: Probate and Trust Law
officer of any such religious organization who holds property
for religious purposes: PROVIDED, That if such organization has not received from the United States government a
declaration of current tax exempt status prior to the time it
receives property under the terms of a charitable trust, this
exemption shall be applicable for two years only from the
time of receiving such property, or until such tax exempt
status is finally declared, whichever is sooner; or (b) an
educational institution which is nonprofit and charitable,
having a program of primary, secondary, or collegiate
instruction comparable in scope to that of any public school
or college operated by the state of Washington or any of its
school districts. [1985 c 30 § 114. Prior: 1971 ex.s. c 226
§ 1; 1967 ex.s. c 53 § 2. Formerly RCW 19.10.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.040 Information, documents, and reports are
public records—Inspection—Publication. All information,
documents, and reports filed with the secretary of state under
this chapter are matters of public record and shall be open to
public inspection, subject to reasonable regulation: PROVIDED, That the secretary of state shall withhold from
public inspection any trust instrument so filed whose content
is not exclusively for charitable purposes. The secretary of
state may publish, on a periodic or other basis, such information as may be necessary or appropriate in the public
interest concerning the registration, reports, and information
filed with the secretary of state or any other matters relevant
to the administration and enforcement of this chapter. [1993
c 471 § 26; 1985 c 30 § 115. Prior: 1967 ex.s. c 53 § 4.
Formerly RCW 19.10.040.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.051 Registration of trustee—Requirements—
Exception—Application of chapter to nonregistered
trustees. (1) Except as provided in subsection (2) of this
section, a trustee, as defined by RCW 11.110.020, must
register with the secretary of state if, as to a particular
charitable trust:
(a) The trustee holds assets in trust, invested for
income-producing purposes, exceeding a value established by
the secretary of state by rule;
(b) Under the terms of the trust all or part of the
principal or income of the trust can or must currently be
expended for charitable purposes; and
(c) The trust instrument does not require the distribution
of the entire trust corpus within a period of one year or less.
(2) A trustee of a trust, in which the only charitable
interest is in the nature of a remainder, is not required to
register during any life estate or other term that precedes the
charitable interest. This exclusion from registration applies
to trusts which have more than one noncharitable life income
beneficiary, even if the death of one such beneficiary
obligates the trustee to distribute a remainder interest to
charity.
(3) A trustee of a charitable trust that is not required to
register pursuant to this section is subject to all requirements
[Title 11 RCW—page 146]
of this chapter other than those governing registration and
reporting to the secretary of state. [1997 c 124 § 1.]
11.110.060 Instrument establishing trust, inventory
of assets, registration status, successor trustee information, and amendments to be filed. (1) Every trustee
required to file under RCW 11.110.051 shall file with the
secretary of state within four months after receiving possession or control of the trust corpus, or after the trust becomes
a trust described by RCW 11.110.051(1):
(a) A copy of the instrument establishing his or her title,
powers, or duties;
(b) An inventory of the assets of such charitable trust;
and
(c) A registration form setting forth the trustee’s name,
mailing address, physical address if different, and additional
identifying information required by the secretary by rule.
(2) A successor trustee to a previously registered trust
shall file a registration form and inventory of assets within
four months after receiving possession or control of the trust
corpus.
(3) A trustee required to register shall file with the
secretary of state copies of all amendments to the trust
instrument within four months of the making of the amendment. [1997 c 124 § 2; 1993 c 471 § 28; 1985 c 30 § 117.
Prior: 1984 c 149 § 150; 1971 ex.s. c 226 § 2; 1967 ex.s.
c 53 § 6. Formerly RCW 19.10.060.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.070 Tax or information return or report—
Filing—Rules—Forms. Every trustee required to register
under RCW 11.110.051 shall file with the secretary of state
a copy of each publicly available United States tax or
information return or report of the trust at the time that the
trustee files with the internal revenue service. The secretary
may provide by rule for the exemption from reporting under
this section by some or all trusts not required to file a federal tax or information return, and for a substitute form
containing similar information to be used by any trusts not
so exempted. [1997 c 124 § 3; 1993 c 471 § 29; 1985 c 30
§ 118. Prior: 1971 ex.s. c 226 § 3; 1967 ex.s. c 53 § 7.
Formerly RCW 19.10.070.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.075 Trust not exclusively for charitable
purposes—Instrument and information not public—
Access. A trust is not exclusively for charitable purposes,
within the meaning of RCW 11.110.040, when the instrument creating it contains a trust for several or mixed
purposes, and any one or more of such purposes is not
charitable within the meaning of RCW 11.110.020, as
enacted or hereafter amended. Such instrument shall be
withheld from public inspection by the secretary of state and
no information as to such noncharitable purpose shall be
(2002 Ed.)
Charitable Trusts
made public. The attorney general shall have free access to
such information. [1997 c 124 § 4; 1993 c 471 § 30; 1985
c 30 § 120. Prior: 1984 c 149 § 154; 1971 ex.s. c 226 § 5.
Formerly RCW 19.10.075.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.090 Uniformity of chapter with laws of other
states. It is the purpose of this chapter to make uniform the
laws of this and other states on the subject of charitable
trusts and similar relationships. Recognizing the necessity
for uniform application and enforcement of this chapter, its
provisions are hereby declared mandatory and they shall not
be superseded by the provisions of any trust instrument or
similar instrument to the contrary. [1985 c 30 § 122. Prior:
1967 ex.s. c 53 § 9. Formerly RCW 19.10.090.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.100 Investigations by attorney general
authorized—Appearance and production of books,
papers, documents, etc., may be required. The attorney
general may investigate transactions and relationships of
trustees and other persons subject to this chapter for the
purpose of determining whether the trust or other relationship is administered according to law and the terms and
purposes of the trust, or to determine compliance with this
chapter in any other respect. He may require any officer,
agent, trustee, fiduciary, beneficiary, or other person, to
appear, at a time and place designated by the attorney
general in the county where the person resides or is found,
to give information under oath and to produce books,
memoranda, papers, documents of title, and evidence of
assets, liabilities, receipts, or disbursements in the possession
or control of the person ordered to appear. [1985 c 30 §
123. Prior: 1967 ex.s. c 53 § 10. Formerly RCW
19.10.100.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.110
Order to appear—Effect—
Enforcement—Appellate review. When the attorney
general requires the attendance of any person, as provided in
RCW 11.110.100, he shall issue an order setting forth the
time when and the place where attendance is required and
shall cause the same to be delivered to or sent by registered
mail to the person at least fourteen days before the date
fixed for attendance. Such order shall have the same force
and effect as a subpoena, and, upon application of the
attorney general, obedience to the order may be enforced by
any superior court judge in the county where the person
receiving it resides or is found, in the same manner as
though the notice were a subpoena. The court, after hearing,
for good cause, and upon application of any person aggrieved by the order, shall have the right to alter, amend,
revise, suspend, or postpone all or any part of its provisions.
In any case where the order is not enforced by the court
according to its terms, the reasons for the court’s actions
(2002 Ed.)
11.110.075
shall be clearly stated in the record, and shall be subject to
review by the supreme court or the court of appeals. [1988
c 202 § 20; 1985 c 30 § 124. Prior: 1984 c 149 § 157;
1971 c 81 § 64; 1967 ex.s. c 53 § 11. Formerly RCW
19.10.110.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.120 Proceedings to secure compliance and
proper trust administration—Attorney general to be
notified of judicial proceedings involving charitable
trust—Powers and duties additional. The attorney general
may institute appropriate proceedings to secure compliance
with this chapter and to secure the proper administration of
any trust or other relationship to which this chapter applies.
He shall be notified of all judicial proceedings involving or
affecting the charitable trust or its administration in which,
at common law, he is a necessary or proper party as representative of the public beneficiaries. The notification shall
be given as provided in RCW 11.96A.110, but this notice requirement may be waived at the discretion of the attorney
general. The powers and duties of the attorney general
provided in this chapter are in addition to his existing
powers and duties, and are not to be construed to limit or to
restrict the exercise of the powers or the performance of the
duties of the attorney general or of any prosecuting attorney
which they may exercise or perform under any other
provision of law. Except as provided herein, nothing in this
chapter shall impair or restrict the jurisdiction of any court
with respect to any of the matters covered by it. [1999 c 42
§ 632; 1985 c 30 § 125. Prior: 1984 c 149 § 158; 1967
ex.s. c 53 § 12. Formerly RCW 19.10.120.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.125 Violations—Refusal to file reports,
perform duties, etc. The willful refusal by a trustee to
make or file any report or to perform any other duties
expressly required by this chapter, or to comply with any
valid rule adopted by the secretary of state under this
chapter, shall constitute a breach of trust and a violation of
this chapter. [1993 c 471 § 32; 1985 c 30 § 126. Prior:
1971 ex.s. c 226 § 6. Formerly RCW 19.10.125.]
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.130 Violations—Civil action may be prosecuted. A civil action for a violation of this chapter may be
prosecuted by the attorney general or by a prosecuting
attorney. [1993 c 471 § 33; 1985 c 30 § 127. Prior: 1967
ex.s. c 53 § 13. Formerly RCW 19.10.130.]
[Title 11 RCW—page 147]
11.110.130
Title 11 RCW: Probate and Trust Law
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.140 Penalty. Every false statement of material
fact knowingly made or caused to be made by any person in
any statement or report filed under this chapter and every
other violation of this chapter is a gross misdemeanor.
[1985 c 30 § 128. Prior: 1967 ex.s. c 53 § 14. Formerly
RCW 19.10.140.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.200 Tax Reform Act of 1969, state implementation—Application of RCW 11.110.200 through
11.110.260 to certain trusts defined in federal code. RCW
11.110.200 through 11.110.260 shall apply only to trusts
which are "private foundations" as defined in section 509 of
the Internal Revenue Code, "charitable trusts" as described
in section 4947(a)(1) of the Internal Revenue Code, or "splitinterest trusts" as described in section 4947(a)(2) of the
Internal Revenue Code. With respect to any such trust
created after December 31, 1969, RCW 11.110.200 through
11.110.260 shall apply from such trust’s creation. With
respect to any such trust created before January 1, 1970,
RCW 11.110.200 through 11.110.260 shall apply only to
such trust’s federal taxable years beginning after December
31, 1971. [1993 c 73 § 6; 1985 c 30 § 129. Prior: 1984 c
149 § 161; 1971 c 58 § 1. Formerly RCW 19.10.200.]
1984 c 149 § 162; 1971 c 58 § 2. Formerly RCW
19.10.210.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.220 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain
provisions for distribution. The trust instrument of each
trust to which RCW 11.110.200 through 11.110.260 applies,
except "split-interest" trusts, shall be deemed to contain a
provision requiring the trustee to distribute, for the purposes
specified in the trust instrument, for each taxable year of the
trust, amounts at least sufficient to avoid liability for the tax
imposed by section 4942(a) of the Internal Revenue Code.
[1993 c 73 § 8; 1985 c 30 § 131. Prior: 1984 c 149 § 163;
1971 c 58 § 3. Formerly RCW 19.10.220.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.230 Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general,
not impaired. Nothing in RCW 11.110.200 through
11.110.260 shall impair the rights and powers of the courts
or the attorney general of this state with respect to any trust.
[1985 c 30 § 132. Prior: 1984 c 149 § 164; 1971 c 58 § 4.
Formerly RCW 19.10.230.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.210 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions. The trust instrument of each trust to
which RCW 11.110.200 through 11.110.260 applies shall be
deemed to contain provisions prohibiting the trustee from:
(1) Engaging in any act of "self-dealing," as defined in
section 4941(d) of the Internal Revenue Code, which would
give rise to any liability for the tax imposed by section
4941(a) of the Internal Revenue Code;
(2) Retaining any "excess business holdings," as defined
in section 4943(c) of the Internal Revenue Code, which
would give rise to any liability for the tax imposed by
section 4943(a) of the Internal Revenue Code;
(3) Making any investments which would jeopardize the
carrying out of any of the exempt purposes of the trust,
within the meaning of section 4944 of the Internal Revenue
Code, so as to give rise to any liability for the tax imposed
by section 4944(a) of the Internal Revenue Code; and
(4) Making any "taxable expenditures," as defined in
section 4945(d) of the Internal Revenue Code, which would
give rise to any liability for the tax imposed by section
4945(a) of the Internal Revenue Code:
PROVIDED, That this section shall not apply either to
those split-interest trusts or to amounts thereof which are not
subject to the prohibitions applicable to private foundations
by reason of the provisions of section 4947 of the Internal
Revenue Code. [1993 c 73 § 7; 1985 c 30 § 130. Prior:
11.110.250 Tax Reform Act of 1969, state implementation—Application to trust created after June 10,
1971, or amendment to existing trust. Nothing in RCW
11.110.200 through 11.110.260 shall limit the power of a
person who creates a trust after June 10, 1971 or the power
of a person who has retained or has been granted the right
to amend a trust created before June 10, 1971, to include a
specific provision in the trust instrument or an amendment
thereto, as the case may be, which provides that some or all
of the provisions of RCW 11.110.210 and 11.110.220 shall
have no application to such trust. [1985 c 30 § 134. Prior:
1984 c 149 § 167; 1971 c 58 § 6. Formerly RCW
19.10.250.]
[Title 11 RCW—page 148]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.260 Tax Reform Act of 1969, state implementation—Severability—RCW 11.110.200 through
11.110.260. If any provision of RCW 11.110.200 through
11.110.260 or the application thereof to any trust is held
invalid, such invalidity shall not affect the other provisions
or applications of RCW 11.110.200 through 11.110.260
which can be given effect without the invalid provision or
application, and to this end the provisions of RCW
11.110.200 through 11.110.260 are declared to be severable.
(2002 Ed.)
Charitable Trusts
[1985 c 30 § 135. Prior: 1984 c 149 § 168; 1971 c 58 § 7.
Formerly RCW 19.10.260.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
11.110.270 Tax Reform Act of 1969, state implementation—Not for profit corporations. See RCW
24.40.010 through 24.40.070.
11.110.900 Severability—1967 ex.s. c 53. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1985 c 30 § 136. Prior: 1967 ex.s. c 53
§ 15. Formerly RCW 19.10.900.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.114
UNIFORM TRANSFERS TO MINORS ACT
Sections
11.114.010 Definitions.
11.114.020 Scope and jurisdiction.
11.114.030 Nomination of custodian—Designation of custodian by representative or specified person.
11.114.040 Transfer by gift or exercise of power of appointment.
11.114.050 Transfer authorized by will or trust.
11.114.060 Other transfer by fiduciary.
11.114.070 Transfer by obligor.
11.114.080 Receipt for custodial property.
11.114.090 Manner of creating custodial property and effecting transfer—Designation of initial custodian—Control.
11.114.100 Single custodianship.
11.114.110 Validity and effect of transfer.
11.114.120 Care of custodial property.
11.114.130 Powers of custodian.
11.114.140 Use of custodial property.
11.114.150 Custodian’s expenses, compensation, and bond.
11.114.160 Exemption of third person from liability.
11.114.170 Liability to third persons.
11.114.180 Renunciation, resignation, death, or removal of custodian—
Designation of successor custodian.
11.114.190 Accounting by and determination of liability of custodian.
11.114.200 Termination of custodianship.
11.114.210 Applicability.
11.114.220 Effect on existing custodianships.
11.114.230 Uniformity of application and construction.
11.114.900 Short title.
11.114.901 Captions not law.
11.114.902 Savings—1991 c 193.
11.114.903 Effective date—1991 c 193.
11.114.904 Severability—1991 c 193.
11.114.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adult" means an individual who has attained the
age of twenty-one years.
(2) "Benefit plan" means an employer’s plan for the
benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the
business of effecting transactions in securities or commodi-
(2002 Ed.)
11.110.260
ties for the person’s own account or for the account of
others.
(4) "Guardian" means a person appointed or qualified by
a court to act as general, limited, or temporary guardian of
a minor’s property or a person legally authorized to perform
substantially the same functions. Conservator means
guardian for transfers made under another state’s law but
enforceable in this state’s courts.
(5) "Court" means a superior court of the state of
Washington.
(6) "Custodial property" means (a) any interest in
property transferred to a custodian under this chapter and (b)
the income from and proceeds of that interest in property.
(7) "Custodian" means a person so designated under
RCW 11.114.090 or a successor or substitute custodian
designated under RCW 11.114.180.
(8) "Financial institution" means a bank, trust company,
savings institution, or credit union, chartered and supervised
under state or federal law.
(9) "Legal representative" means an individual’s
personal representative or guardian.
(10) "Member of the minor’s family" means the minor’s
parent, stepparent, spouse, grandparent, brother, sister, uncle,
or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained
the age of twenty-one years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession subject to the legislative
authority of the United States.
(14) "Transfer" means a transaction that creates custodial property under RCW 11.114.090.
(15) "Transferor" means a person who makes a transfer
under this chapter.
(16) "Trust company" means a financial institution,
corporation, or other legal entity, authorized to exercise
general trust powers. [1991 c 193 § 1.]
11.114.020 Scope and jurisdiction. (1) This chapter
applies to a transfer that refers to this chapter in the designation under RCW 11.114.090(1) by which the transfer is
made if at the time of the transfer, the transferor, the minor,
or the custodian is a resident of this state or the custodial
property is located in this state. The custodianship so
created remains subject to this chapter despite a subsequent
change in residence of a transferor, the minor, or the
custodian, or the removal of custodial property from this
state.
(2) A person designated as custodian under this chapter
is subject to personal jurisdiction in this state with respect to
any matter relating to the custodianship.
(3) A transfer that purports to be made and which is
valid under the uniform transfers to minors act, the uniform
gifts to minors act, or a substantially similar act of another
state is governed by the law of the designated state and may
be executed and is enforceable in this state if at the time of
the transfer, the transferor, the minor, or the custodian is a
resident of the designated state or the custodial property is
located in the designated state.
[Title 11 RCW—page 149]
11.114.020
Title 11 RCW: Probate and Trust Law
(4) A matter under this chapter subject to court determination is governed by the procedures provided in RCW
11.96A.080 through 11.96A.200. However, no guardian ad
litem is required for the minor, except under RCW
11.114.190(1), in the case of a petition by a [an] unrepresented minor under the age of fourteen years. [1999 c 42 §
633; 1991 c 193 § 2.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
11.114.030 Nomination of custodian—Designation
of custodian by representative or specified person. (1) A
person having the right to designate the recipient of property
transferable upon the occurrence of a future event may
revocably nominate a custodian to receive the property for
a minor beneficiary upon the occurrence of the event by
naming the custodian followed in substance by the words:
". . . . . . as custodian for . . . . . . (name of minor) under the
Washington uniform transfers to minors act." The nomination may name one or more persons as substitute custodians
to whom the property shall be transferred, in the order
named, if the first nominated custodian dies before the
transfer or is unable, declines, or is ineligible to serve. The
nomination may be made in a will, a trust, a deed, an
instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is
registered with or delivered to the payor, issuer, or other
obligor of the contractual rights.
As an alternative to naming a specific person as
custodian, the nomination may provide that the custodian
may be designated by the legal representative of, or other
person specified by, the person having the right to designate
the recipient of the property described in this subsection.
The person having the right of designation of the custodian
is authorized to designate himself or herself as custodian, if
he or she falls within the class of persons eligible to serve as
custodian under RCW 11.114.090(1).
(2) A custodian nominated under this section shall be a
person to whom a transfer of property of that kind may be
made under RCW 11.114.090(1).
(3) Instead of designating one specific minor, the
designation may specify multiple persons or a class or
classes of persons, but when the custodial property is
actually created under subsection (4) of this section, it must
be constituted as a separate custodianship for each beneficiary, and each beneficiary’s interest in it must be determined
in accordance with the governing instrument and applicable
law.
(4) The nomination of a custodian under this section
does not create custodial property until the nominating
instrument becomes irrevocable or a transfer to the nominated custodian is completed under RCW 11.114.090.
Unless the nomination of a custodian has been revoked, upon
the occurrence of the future event the custodianship becomes
effective and the custodian shall enforce a transfer of the
custodial property pursuant to RCW 11.114.090. [1998 c
292 § 301; 1991 c 193 § 3.]
Retroactive application—1998 c 292: See note following RCW
11.54.070.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
[Title 11 RCW—page 150]
11.114.040 Transfer by gift or exercise of power of
appointment. A person may make a transfer by irrevocable
gift to, or the irrevocable exercise of a power of appointment
in favor of, a custodian for the benefit of a minor pursuant
to RCW 11.114.090. [1991 c 193 § 4.]
11.114.050 Transfer authorized by will or trust. (1)
A personal representative or trustee may make an irrevocable
transfer pursuant to RCW 11.114.090 to a custodian for the
benefit of a minor as authorized in the governing will or
trust. The personal representative or trustee may designate
himself or herself as custodian provided he or she falls within the class of persons eligible to serve as custodian under
RCW 11.114.090(1).
(2) If the testator or grantor has nominated a custodian
under RCW 11.114.030 to receive the custodial property, the
transfer shall be made to that person.
(3) If the testator or grantor has not nominated a
custodian under RCW 11.114.030, or all persons so nominated as custodian die before the transfer or are unable, decline,
or are ineligible to serve, the personal representative or the
trustee, as the case may be, shall designate the custodian
from among those eligible to serve as custodian for property
of that kind under RCW 11.114.090(1). The personal
representative or trustee may designate himself or herself as
custodian, provided he or she falls within the class of
persons eligible to serve as custodian under RCW
11.114.090(1). [1991 c 193 § 5.]
11.114.060 Other transfer by fiduciary. (1) A
personal representative or trustee may make an irrevocable
transfer to an adult or trust company for the benefit of a
minor pursuant to RCW 11.114.090, in the absence of a will
or under a will or trust that does not contain an authorization
to do so, but only if:
(a) The personal representative or trustee, or the court
if an order is requested under (c) of this subsection, considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with
provisions of the applicable will, trust instrument, or other
governing instrument; and
(c) The transfer is authorized by the court if it exceeds
thirty thousand dollars in value.
The personal representative, the trustee, or a member of
the minor’s family may select the custodian, subject to court
approval. The personal representative or trustee may serve
as custodian, provided he or she falls within the class of
persons eligible to serve as custodian under RCW
11.114.090(1).
(2) A member of the minor’s family may request that
the court establish a custodianship if a custodianship has not
already been established, regardless of the value of the
transfer. [1991 c 193 § 6.]
11.114.070 Transfer by obligor. (1) Subject to
subsections (2) and (3) of this section, a person not subject
to RCW 11.114.050 or 11.114.060 who holds property of or
owes a liquidated debt to a minor not having a guardian may
make an irrevocable transfer to a custodian for the benefit of
the minor pursuant to RCW 11.114.090.
(2002 Ed.)
Uniform Transfers to Minors Act
(2) If a person having the right to do so under RCW
11.114.030 has nominated a custodian under that section to
receive the custodial property, the transfer shall be made to
that person.
(3) If no custodian has been nominated under RCW
11.114.030, or all persons so nominated as custodian die
before the transfer or are unable, decline, or are ineligible to
serve, a transfer under this section may be made to an adult
member of the minor’s family or to a trust company unless
the property exceeds thirty thousand dollars in value.
(4) A member of the minor’s family or the person who
holds the property of the minor or who owes a debt to the
minor may request that the court establish a custodianship if
not previously established, regardless of the value of the
transfer. [1991 c 193 § 7.]
11.114.080 Receipt for custodial property. A
written confirmation of delivery by a custodian constitutes a
sufficient receipt and discharge of the transferor for custodial
property transferred to the custodian under this chapter.
[1991 c 193 § 8.]
11.114.090 Manner of creating custodial property
and effecting transfer—Designation of initial custodian—
Control. (1) Custodial property is created and a transfer is
made if:
(a) An uncertificated security or a certificated security
in registered form is either:
(i) Registered in the name of the transferor, an adult
other than the transferor, or a trust company, followed in
substance by the words: ". . . . . . as custodian for . . . . . .
(name of minor) under the Washington uniform transfers to
minors act"; or
(ii) Delivered if in certificated form, or any document
necessary for the transfer of an uncertificated security is
delivered, together with any necessary endorsement to an
adult other than the transferor or to a trust company as
custodian, accompanied by an instrument in substantially the
form set forth in subsection (2) of this section;
(b) Money is paid or delivered, or a security held in the
name of a broker, financial institution, or its nominee is
transferred, to a broker or financial institution for credit to
an account in the name of the transferor, an adult other than
the transferor, or a trust company, followed in substance by
the words: ". . . . . . as custodian for . . . . . . (name of
minor) under the Washington uniform transfers to minors
act";
(c) The ownership of a life or endowment insurance
policy or annuity contract is either:
(i) Registered with the issuer in the name of the
transferor, an adult other than the transferor, or a trust
company, followed in substance by the words: ". . . . . . as
custodian for . . . . . . (name of minor) under the Washington
uniform transfers to minors act"; or
(ii) Assigned in a writing delivered to an adult other
than the transferor or to a trust company whose name in the
assignment is followed in substance by the words: ". . . . . .
as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(d) An irrevocable exercise of a power of appointment
or an irrevocable present right to future payment under a
(2002 Ed.)
11.114.070
contract is the subject of a written notification delivered to
the payor, issuer, or other obligor that the right is transferred
to the transferor, an adult other than the transferor, or a trust
company, whose name in the notification is followed in substance by the words: ". . . . . . as custodian for . . . . . .
(name of minor) under the Washington uniform transfers to
minors act";
(e) An interest in real property is recorded in the name
of the transferor, an adult other than the transferor, or a trust
company, followed in substance by the words: ". . . . . . as
custodian for . . . . . . (name of minor) under the Washington
uniform transfers to minors act";
(f) A certificate of title issued by a department or
agency of a state or of the United States which evidences
title to tangible personal property is either:
(i) Issued in the name of the transferor, an adult other
than the transferor, or a trust company, followed in substance
by the words: ". . . . . . as custodian for . . . . . . (name of
minor) under the Washington uniform transfers to minors
act"; or
(ii) Delivered to an adult other than the transferor or to
a trust company, endorsed to that person followed in
substance by the words: ". . . . . . as custodian for . . . . . .
(name of minor) under the Washington uniform transfers to
minors act"; or
(g) An interest in any property not described in (a)
through (f) of this subsection is transferred to an adult other
than the transferor or to a trust company by a written
instrument in substantially the form set forth in subsection
(2) of this section.
(2) An instrument in the following form satisfies the
requirements of subsection (1)(a)(ii) and (g) of this section:
"TRANSFER UNDER THE WASHINGTON
UNIFORM TRANSFERS TO MINORS ACT
I, . . . . . . (name of transferor or name and representative capacity if a fiduciary) hereby transfer to . . . . . . (name
of custodian), as custodian for . . . . . . (name of minor)
under the Washington uniform transfers to minors act, the
following: (insert a description of the custodial property
sufficient to identify it).
Dated: . . . . . . . . . . . . . . .
......................
(Signature)
. . . . . . (name of custodian) acknowledges receipt of the
property described above as custodian for the minor named
above under the Washington uniform transfers to minors act.
Dated: . . . . . . . . . . . . . . .
...................... "
(Signature of Custodian)
(3) A transferor shall place the custodian in control of
the custodial property as soon as practicable. [1991 c 193
§ 9.]
11.114.100 Single custodianship. A transfer may be
made only for one minor, and only one person may be the
custodian. All custodial property held under this chapter by
the same custodian for the benefit of the same minor
constitutes a single custodianship. [1991 c 193 § 10.]
[Title 11 RCW—page 151]
11.114.110
Title 11 RCW: Probate and Trust Law
11.114.110 Validity and effect of transfer. (1) The
validity of a transfer made in a manner prescribed in this
chapter is not affected by:
(a) Failure of the transferor to comply with RCW
11.114.090(3) concerning possession and control;
(b) Designation of an ineligible custodian, except
designation of the transferor in the case of property for
which the transferor is ineligible to serve as custodian under
RCW 11.114.090(1); or
(c) Death or incapacity of a person nominated under
RCW 11.114.030 or designated under RCW 11.114.090 as
custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to RCW 11.114.090 is
irrevocable, and the custodial property is indefeasibly vested
in the minor, but the custodian has all the rights, powers,
duties, and authority provided in this chapter, and neither the
minor nor the minor’s legal representative has any right,
power, duty, or authority with respect to the custodial
property except as provided in this chapter.
(3) By making a transfer, the transferor incorporates in
the disposition all the provisions of this chapter and grants
to the custodian, and to any third person dealing with a
person designated as custodian, the respective powers, rights,
and immunities provided in this chapter. [1991 c 193 § 11.]
11.114.120 Care of custodial property. (1) A
custodian shall, as soon as custodial property is made
available to the custodian:
(a) Take control of custodial property;
(b) Register or record title to custodial property if
appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial
property.
(2) In dealing with custodial property, a custodian shall
observe the standard of care applicable to fiduciaries under
chapter 11.100 RCW. If a custodian has a special skill or
expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use
that skill or expertise. A custodian, in the custodian’s
discretion and without liability to the minor or the minor’s
estate, may retain any custodial property received from a
transferor according to the same standards as apply to a fiduciary holding trust funds under RCW 11.100.060. However,
the provisions of RCW 11.100.025, 11.100.040, and
11.100.140 shall not apply to a custodian.
(3) A custodian may invest in or pay premiums on life
insurance or endowment policies on (a) the life of the minor
only if the minor or the minor’s estate is the sole beneficiary, or (b) the life of another person in whom the minor has
an insurable interest only to the extent that the minor, the
minor’s estate, or the custodian in the capacity of custodian,
is the irrevocable beneficiary.
(4) A custodian at all times shall keep custodial property
separate and distinct from all other property in a manner
sufficient to identify it clearly as custodial property of the
minor. Custodial property consisting of an undivided interest
is so identified if the minor’s interest is held as a tenant in
common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property
subject to registration is so identified if it is either registered,
or held in an account designated, in the name of the custodi[Title 11 RCW—page 152]
an, followed in substance by the words: ". . . . . . as
custodian for . . . . . . (name of minor) under the Washington
uniform transfers to minors act."
(5) A custodian shall keep records of all transactions
with respect to custodial property, including information
necessary for the preparation of the minor’s tax returns, and
shall make them available upon request for inspection by a
parent or legal representative of the minor or by the minor
if the minor has attained the age of fourteen years. [1991 c
193 § 12.]
11.114.130 Powers of custodian. (1) A custodian,
acting in a custodial capacity, has all the rights, powers, and
authority over custodial property that unmarried adult owners
have over their own property, including without limitation all
the powers granted to a trustee under RCW 11.98.070, but
a custodian may exercise those rights, powers, and authority
only in a custodial capacity.
(2) This section does not relieve a custodian from
liability for breach of RCW 11.114.120. [1991 c 193 § 13.]
11.114.140 Use of custodial property. (1) A custodian may deliver or pay to the minor or expend for the
minor’s benefit so much of the custodial property as the
custodian considers advisable for the use and benefit of the
minor, without court order and without regard to (a) the duty
or ability of the custodian personally or of any other person
to support the minor, or (b) any other income or property of
the minor which may be applicable or available for that
purpose.
(2) On petition of an interested person or the minor if
the minor has attained the age of fourteen years, the court
may order the custodian to deliver or pay to the minor or
expend for the minor’s benefit so much of the custodial
property as the court considers advisable for the use and
benefit of the minor.
(3) A delivery, payment, or expenditure under this
section is in addition to, not in substitution for, and does not
affect any obligation of a person to support the minor.
[1991 c 193 § 14.]
11.114.150 Custodian’s expenses, compensation, and
bond. (1) A custodian is entitled to reimbursement from
custodial property for reasonable expenses incurred in the
performance of the custodian’s duties.
(2) Except for one who is a transferor under RCW
11.114.040, a custodian has a noncumulative election during
each calendar year to charge reasonable compensation for
services performed during that year.
(3) Except as provided in RCW 11.114.180(6), a
custodian need not give a bond.
(4) Notwithstanding RCW 11.114.190, a custodian not
compensated for services is not liable for losses to the
custodial property unless they result from bad faith, intentional wrongdoing, or gross negligence, or from failure to
maintain the standard of prudence in investing the custodial
property provided in this chapter. [1991 c 193 § 15.]
11.114.160 Exemption of third person from liability.
A third person in good faith and without court order may act
on the instructions of or otherwise deal with any person
(2002 Ed.)
Uniform Transfers to Minors Act
purporting to make a transfer or purporting to act in the
capacity of a custodian or successor custodian and, in the
absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian’s designation;
(2) The propriety of, or the authority under this chapter
for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any
instrument or instructions executed or given either by the
person purporting to make a transfer or by the purported
custodian; or
(4) The propriety of the application of any property of
the minor delivered to the purported custodian. [1991 c 193
§ 16.]
11.114.170 Liability to third persons. (1) A claim
based on:
(a) A contract entered into by a custodian acting in a
custodial capacity;
(b) An obligation arising from the ownership or control
of custodial property;
(c) A tort committed during the custodianship, may be
asserted against the custodial property by proceeding against
the custodian in the custodial capacity, whether or not the
custodian or the minor is personally liable therefor; or
(d) A noncontractual obligation, including obligations in
tort, is collectible from the custodial property only if:
(i) The obligation was a common incident of the kind of
business activity in which the custodian or the custodian’s
predecessor was properly engaged for the custodianship;
(ii) Neither the custodian nor the custodian’s predecessor, nor any officer or employee of the custodian or the
custodian’s predecessor was personally at fault in incurring
the obligation; or
(iii) Although the obligation did not fall within (d)(i) or
(ii) of this subsection, the incident that gave rise to the
obligation increased the value of the custodial property.
If the obligation is within (d)(i) or (ii) or [of] this
subsection, collection may be had of the full amount of
damage proved. If the obligation is within (d)(iii) of this
subsection, collection may be had only to the extent of the
increase in the value of the trust property.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial
capacity unless the custodian fails to reveal that capacity.
The addition of the words "custodian" or "as custodian" after
the signature of a custodian is adequate revelation of this
capacity; or
(b) For an obligation arising from control of custodial
property or for a tort committed during the custodianship
unless the custodial property is not liable for the obligation
under *(b) of this subsection and unless the custodian is
personally at fault.
(3) A minor is not personally liable for an obligation
arising from ownership of custodial property or for a tort
committed during the custodianship unless the minor is
personally at fault. [1991 c 193 § 17.]
*Reviser’s note: The reference to (b) of this subsection appears
erroneous. Reference to subsection (1)(b) of this section was apparently
intended.
(2002 Ed.)
11.114.160
11.114.180 Renunciation, resignation, death, or
removal of custodian—Designation of successor custodian. (1) A person nominated under RCW 11.114.030 or
designated under RCW 11.114.090 as custodian may decline
to serve. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and
eligible to serve was nominated under RCW 11.114.030, the
person who made the nomination may nominate a substitute
custodian under RCW 11.114.030; otherwise the transferor
or the transferor’s legal representative shall designate a
substitute custodian at the time of the transfer, in either case
from among the persons eligible to serve as custodian for
that kind of property under RCW 11.114.090(1). The custodian so designated has the rights of a successor custodian.
(2) A custodian at any time may designate a trust
company or an adult other than a transferor under RCW
11.114.040 as successor custodian by executing and dating
an instrument of designation. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does
not take effect until the custodian resigns, dies, becomes
incapacitated, or is removed, and custodial property is
transferred to the successor custodian.
(3) A custodian may resign at any time by delivering
written notice to the minor, if the minor has attained the age
of fourteen years, and to the successor custodian, and by
delivering the custodial property to the successor custodian.
(4) If a custodian is ineligible, dies, or becomes incapacitated and no successor custodian has been designated as
provided in this chapter, and the minor has attained the age
of fourteen years, the minor may designate as successor
custodian, in the manner prescribed in subsection (2) of this
section, an adult member of the minor’s family, a guardian
of the minor, or a trust company. If the minor has not
attained the age of fourteen years or fails to act within sixty
days after the ineligibility, death, or incapacity, the guardian
of the minor becomes successor custodian. If the minor has
no guardian or the guardian declines to act, the transferor,
the legal representative of the transferor or of the custodian,
an adult member of the minor’s family, or any other interested person may petition the court to designate a successor
custodian.
(5) A custodian who declines to serve under subsection
(1) of this section or resigns under subsection (3) of this
section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial
property and records in the possession and control of the
successor custodian. The successor custodian by action may
enforce the obligation to deliver custodial property and
records and becomes responsible for each item as received.
(6) A transferor, the legal representative of a transferor,
an adult member of the minor’s family, a guardian of the
minor, or the minor if the minor has attained the age of
fourteen years may petition the court to remove the custodian for cause and to designate a successor custodian other
than a transferor under RCW 11.114.040 or to require the
custodian to give appropriate bond. [1991 c 193 § 18.]
11.114.190 Accounting by and determination of
liability of custodian. (1) A minor who has attained the age
of fourteen years, the minor’s legal representative, an adult
[Title 11 RCW—page 153]
11.114.190
Title 11 RCW: Probate and Trust Law
member of the minor’s family, a transferor, or a transferor’s
legal representative may petition the court (a) for an accounting by the custodian or the custodian’s legal representative;
or (b) for a determination of responsibility, as between the
custodial property and the custodian personally, for claims
against the custodial property unless the responsibility has
been adjudicated in an action under RCW 11.114.170 to
which the minor or the minor’s legal representative was a
party.
(2) A successor custodian may petition the court for an
accounting by the predecessor custodian.
(3) The court, in a proceeding under this chapter or in
any other proceeding, may require or permit the custodian or
the custodian’s legal representative to account.
(4) If a custodian is removed under RCW
11.114.180(6), the court shall require an accounting and
order delivery of the custodial property and records to the
successor custodian and the execution of all instruments
required for transfer of the custodial property. [1991 c 193
§ 19.]
11.114.200 Termination of custodianship. Subject
to RCW 11.114.220, the custodian shall transfer in an
appropriate manner the custodial property to the minor or to
the minor’s estate upon the earlier of:
(1) The minor’s attainment of twenty-one years of age
with respect to custodial property transferred under RCW
11.114.040 or 11.114.050;
(2) The minor’s attainment of eighteen years of age with
respect to custodial property transferred under RCW
11.114.060 or 11.114.070; or
(3) The minor’s death. [1991 c 193 § 20.]
11.114.210 Applicability. This chapter applies to a
transfer within the scope of RCW 11.114.020 made after
July 1, 1991, if:
(1) The transfer purports to have been made under the
Washington uniform gifts to minors act; or
(2) The instrument by which the transfer purports to
have been made uses in substance the designation "as
custodian under the uniform gifts to minors act" or "as
custodian under the uniform transfers to minors act" of any
other state, and the application of this chapter is necessary
to validate the transfer. [1991 c 193 § 21.]
11.114.220 Effect on existing custodianships. (1)
Any transfer of custodial property as now defined in this
chapter made before July 1, 1991, is validated notwithstanding that there was no specific authority in the Washington uniform gifts to minors act for the coverage of custodial
property of that kind or for a transfer from that source at the
time the transfer was made.
(2) This chapter applies to all transfers made before July
1, 1991, in a manner and form prescribed in the Washington
uniform gifts to minors act, except insofar as the application
impairs constitutionally vested rights or extends the duration
of custodianships in existence on July 1, 1991. However, as
to any custodianship established after August 9, 1971, but
prior to January 1, 1985, a minor has the right after attaining
the age of eighteen to demand delivery from the custodian
[Title 11 RCW—page 154]
of all or any portion of the custodial property. [1991 c 193
§ 22.]
11.114.230 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it. [1991
c 193 § 23.]
11.114.900 Short title. This chapter may be cited as
the uniform transfers to minors act. [1991 c 193 § 24.]
11.114.901 Captions not law. Section headings as
used in this chapter do not constitute any part of the law.
[1991 c 193 § 25.]
11.114.902 Savings—1991 c 193. To the extent that
this chapter, by virtue of RCW 11.114.220(2), does not
apply to transfers made in a manner prescribed in the
uniform gifts to minors act of Washington or to the powers,
duties, and immunities conferred by transfers in that manner
upon custodians and persons dealing with custodians, the
repeal of the uniform gifts to minors act of Washington does
not affect those transfers or those powers, duties, and
immunities. [1991 c 193 § 26.]
11.114.903 Effective date—1991 c 193. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 193 § 34.]
11.114.904 Severability—1991 c 193. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1991 c 193 § 35.]
Chapter 11.118
TRUSTS—ANIMALS
Sections
11.118.005
11.118.010
11.118.020
11.118.030
11.118.040
11.118.050
11.118.060
11.118.070
11.118.080
11.118.090
11.118.100
11.118.110
Purpose—Intent.
Definition.
Validity of animal trust.
Use of trust principal or income.
Termination of trust.
Enforcement of trust provisions.
Accounting requirements.
Appointment and removal of trustee.
Construction of trust language.
Application of rule against perpetuities—Effective date of
trust.
Trustee powers.
Application of chapter.
11.118.005 Purpose—Intent. The purpose of this
chapter is to recognize and validate certain trusts that are
established for the benefit of animals. Under the common
law such trusts were unenforceable at law. The legislature
intends that such trusts be recognized as valid, and that such
(2002 Ed.)
Trusts—Animals
trusts be enforceable in accordance with their terms. [2001
c 327 § 1.]
11.118.010 Definition. As used in this chapter,
"animal" means a nonhuman animal with vertebrae. [2001
c 327 § 2.]
11.118.020 Validity of animal trust. A trust for the
care of one or more animals is valid. The animals that are
to be benefited by the trust may be individually identified, or
may be identified in such other manner that they can be
readily identified. Unless otherwise provided in the trust
instrument or in this chapter, the trust will terminate when
no animal that is designated as a beneficiary of the trust
remains living. [2001 c 327 § 3.]
11.118.030 Use of trust principal or income. Except
as expressly provided otherwise in the trust instrument or in
RCW 11.118.070, and except as may be necessary to pay the
trustee reasonable compensation and to reimburse the trustee
for reasonable costs incurred on behalf of the trust, no
portion of the principal or income of the trust may be converted to the use of the trustee or to any use other than for
the trust’s purpose or for the benefit of the designated animal
or animals. [2001 c 327 § 4.]
11.118.040 Termination of trust. Upon termination
of the trust, the trustee shall transfer the unexpended trust
property in the following order:
(1) As directed in the instrument;
(2) If the trust was created in a nonresiduary clause in
the trustor’s will or in a codicil to the trustor’s will and the
will or codicil does not direct otherwise, under the residuary
clause in the trustor’s will, which shall be read as though the
testator died on the date the trust terminated; and
(3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor’s heirs under
RCW 11.04.015, as it exists at the time of the trust’s
termination. [2001 c 327 § 5.]
11.118.005
order to assure that the intended use is carried out. A court
may also make such other orders and determinations as shall
be advisable to carry out the intent of the trustor and the
purpose of this chapter. [2001 c 327 § 8.]
11.118.080 Construction of trust language. In
construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the
protections of this chapter. It is presumed that language
contained in a trust for an animal is not merely precatory or
honorary in nature unless it can be shown by clear and
cogent evidence that such was the trustor’s intent. Extrinsic
evidence is admissible in determining the trustor’s intent.
[2001 c 327 § 9.]
11.118.090 Application of rule against perpetuities—Effective date of trust. RCW 11.98.130 through
11.98.160 apply to trusts that are subject to this chapter.
[2001 c 327 § 11.]
11.118.100 Trustee powers. Except as otherwise
provided in the trust instrument or in this chapter, all powers
and duties conferred on a trustee under Washington law also
apply to the trustee of a trust for animals. [2001 c 327 §
12.]
11.118.110 Application of chapter. This chapter
applies to trusts that are created on or after July 22, 2001,
and to trusts that are in existence on July 22, 2001, but that
are revocable by the trustor on July 22, 2001. If a trustor is
incompetent to exercise a power of revocation on July 22,
2001, this chapter does not apply to such trust unless the
trustor later becomes competent to exercise such power of
revocation, in which case this chapter applies to such trust.
[2001 c 327 § 13.]
11.118.050 Enforcement of trust provisions. The
intended use of the principal or income can be enforced by
a person designated for that purpose in the trust instrument,
by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon
application to it by any person. A person with an interest in
the welfare of the animal may petition for an order appointing or removing a person designated or appointed to enforce
the trust. [2001 c 327 § 6.]
11.118.060 Accounting requirements. Except as
ordered by the court or required by the trust instrument, no
filing, report, registration, or periodic accounting shall be
required of the trust or the trustee. [2001 c 327 § 7.]
11.118.070 Appointment and removal of trustee. If
no trustee is designated or no designated trustee is willing or
able to serve, the court shall name a trustee. The court may
order the removal of an acting trustee and the transfer of the
property to another trustee if it is necessary or appropriate in
(2002 Ed.)
[Title 11 RCW—page 155]
Title 12
DISTRICT COURTS—CIVIL PROCEDURE
Chapters
12.04
12.08
12.12
12.16
12.20
12.28
12.36
12.40
Commencement of actions.
Pleadings.
Trial.
Witnesses and depositions.
Judgments.
Replevin.
Small claims appeals.
Small claims.
District and other inferior courts—1961 Act: Chapter 3.30 RCW.
Garnishment: Chapter 6.27 RCW.
General provisions regarding district judges: Title 3 RCW.
Jurisdiction of justice of the peace: State Constitution Art. 4 § 10 (Amendment 28).
Justice without unnecessary delay: State Constitution Art. 1 § 10.
Ne exeat, jurisdiction of district judge: RCW 7.44.060.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Removal of certain civil actions to superior court: Chapter 4.14 RCW.
Rules for courts of limited jurisdiction: Volume 0.
Chapter 12.04
COMMENCEMENT OF ACTIONS
Sections
12.04.010
12.04.020
12.04.030
12.04.040
12.04.050
12.04.060
12.04.070
12.04.080
12.04.090
12.04.100
12.04.110
12.04.120
12.04.130
12.04.140
12.04.150
12.04.160
12.04.170
12.04.180
12.04.190
12.04.200
12.04.201
12.04.203
12.04.204
12.04.205
12.04.206
12.04.207
12.04.208
(2002 Ed.)
Civil actions—Commencement.
Action to recover debt—Summons—Service.
Action by complaint and notice.
Service of complaint and notice.
Process—Who may serve.
Process—Service by constable or sheriff.
Process—Return—Fees.
Process—Service by person appointed by justice—Return—
Exceptions.
Proof of service.
Service by publication.
Proof of service by publication.
Written admission as proof of service.
Jurisdiction, when acquired.
Action by person under eighteen years.
Action against defendant under eighteen years—Guardian ad
litem.
Time for appearance.
Security for nonresident costs.
Cost bond in lieu of security.
Penalty for failure to execute process or false return.
Forms or equivalents prescribed.
Form of subpoena.
Form of execution—Form of execution against principal and
surety, after expiration of stay of execution.
Form of order in replevin.
Form of a writ of attachment.
Form of undertaking in replevin.
Form of undertaking in attachment—Form of undertaking to
discharge attachment.
Form of undertaking to indemnify constable on claim of
property by a third person.
Reviser’s note: References in this chapter to justices of the peace and
courts to be construed to mean district judges and courts: See RCW
3.30.015.
12.04.010 Civil actions—Commencement. Civil
actions in the several justices’ courts of this state may be
instituted either by the voluntary appearance and agreement
of the parties, by the service of a summons, or by the
service upon the defendant of a true copy of the complaint
and notice, which notice shall be attached to the copy of the
complaint and cite the defendant to be and appear before the
justice at the time and place therein specified, which shall
not be less than six nor more than twenty days from the date
of filing the complaint. [Code 1881 § 1712; 1873 p 335 §
19; 1860 p 245 § 26; RRS § 1755.]
12.04.020 Action to recover debt—Summons—
Service. A party desiring to commence an action before a
justice of the peace, for the recovery of a debt by summons,
shall file his claim with the justice of the peace, verified by
his own oath, or that of his agent or attorney, and thereupon
the justice of the peace shall, on payment of his fees, if
demanded, issue a summons to the opposite party, which
summons shall be in the following form, or as nearly as the
case will admit, viz:
The State of Washington,
. . . . . . . . . . . . . . . . . . . County.
⎫
⎬ ss.
âŽ
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby
commanded to summon . . . . . . if he (or they) be found in
your county to be and appear before me at . . . . . . on . . . .
day of . . . . . . at . . . . o’clock p.m. or a.m., to answer the
complaint of . . . . . . for a failure to pay him a certain
demand, amounting to . . . . . . dollars and . . . . cents, upon
. . . . . . . . . . . (here state briefly the nature of the claim)
and of this writ make due service and return.
Given under my hand this . . . . day of . . . . . . 19. . .
. . . . . . . . . . . . , Justice of the Peace.
And the summons shall specify a certain place, day and hour
for the appearance and answer of the defendant, not less than
six nor more than twenty days from the date of filing
plaintiff’s claim with the justice, which summons shall be
served at least five days before the time of trial mentioned
therein, and shall be served by the officer delivering to the
defendant, or leaving at his place of abode with some person
over twelve years of age, a true copy of such summons,
certified by the officer to be such. [Code 1881 § 1713; 1873
p 335 § 20; 1860 p 245 § 29; RRS § 1758.]
12.04.030 Action by complaint and notice. Any
person desiring to commence an action before a justice of
[Title 12 RCW—page 1]
12.04.030
Title 12 RCW: District Courts—Civil Procedure
the peace, by the service of a complaint and notice, can do
so by filing his complaint verified by his own oath or that of
his agent or attorney with the justice, and when such
complaint is so filed, upon payment of his fees if demanded,
the justice shall attach thereto a notice, which shall be
substantially as follows:
The State of Washington,
. . . . . . . . . . . . . . . . . . . County.
To
⎫
⎬ ss.
âŽ
...............
You are hereby notified to be and appear at my office
in . . . . . . on the . . . . day of . . . . . ., 19. . ., at the hour
of . . . . M., to answer to the foregoing complaint or judgment will be taken against you as confessed and the prayer
of the plaintiff granted.
Dated . . . . . ., 19. . .
. . . . . . . . . . . . . . . . . . . . . . , J. P.
[Code 1881 § 1714; 1873 p 336 § 21; 1860 p 245 § 29;
RRS § 1759.]
12.04.040 Service of complaint and notice. The
complaint and notice shall be served at least five days before
the time mentioned in the notice for the defendant to appear
and answer the complaint, by delivering to the defendant, or
leaving at his place of abode, with some person over twelve
years of age, a true copy of the complaint and notice. [1925
ex.s. c 181 § 1; Code 1881 § 1715; 1873 p 337 § 22; RRS
§ 1761.]
12.04.050 Process—Who may serve. All process
issued by district court judges of the state and all executions
and writs of attachment or of replevin shall be served by a
sheriff or a deputy, but a summons or notice and complaint
may be served by any citizen of the state of Washington
over the age of eighteen years and not a party to the action.
[1987 c 442 § 1102; 1971 ex.s. c 292 § 11; 1903 c 19 § 1;
1895 c 102 § 1; 1893 c 108 § 1; Code 1881 § 1716; 1873 p
337 § 23; RRS § 1762. Formerly RCW 12.04.050 and
12.04.060, part.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
12.04.060 Process—Service by constable or sheriff.
All process in actions and proceedings in justice courts,
having a salaried constable, when served by an officer, shall
be served by such constable or by the sheriff of the county
or his duly appointed deputy; and all fees for such service
shall be paid into the county treasury. [1909 c 132 § 1;
RRS § 1760. FORMER PARTS OF SECTION: 1903 c 19
§ 1, part, now codified in RCW 12.04.050.]
12.04.070 Process—Return—Fees. Every constable
or sheriff serving process or complaint and notice shall
return in writing, the time, manner and place of service and
indorse thereon the legal fees therefor and shall sign his
name to such return, and any person other than one of said
officers serving summons or complaint and notice shall file
with the justice his affidavit, stating the time, place and
manner of the service of such summons or notice and
complaint and shall indorse thereon the legal fees therefor.
[Title 12 RCW—page 2]
[1959 c 99 § 1; 1903 c 19 § 2; 1895 c 102 § 2; 1893 c 108
§ 2; Code 1881 § 1717; 1873 p 337 § 24; 1860 p 246 § 37;
1854 p 229 § 31; RRS § 1763.]
12.04.080 Process—Service by person appointed by
justice—Return—Exceptions. Any justice may, by
appointment in writing, authorize any person other than the
parties to the proceeding, or action, to serve any subpoena,
summons, or notice and complaint issued by such justice;
and any such person making such service shall return on
such process or paper, in writing, the time and manner of
service, and shall sign his name to such return, and be
entitled to like fees for making such service as a sheriff or
constable, and shall indorse his fees for service thereon:
PROVIDED, It shall not be lawful for any justice to issue
process or papers to any person but a regularly qualified
sheriff or constable, in any precinct where such officers reside, unless from sickness or some other cause said sheriff
or constable is not able to serve the same: PROVIDED
FURTHER, That it shall be lawful for notice and complaint
or summons in a civil action in the justice court to be served
by any person eighteen years of age or over and not a party
to the action in which the summons or notice and complaint
shall be issued without previous appointment by the justice.
[1971 ex.s. c 292 § 12; 1903 c 19 § 3; Code 1881 § 1718;
1873 p 337 § 25; RRS § 1764.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
12.04.090 Proof of service. Proof of service in either
of the above cases shall be as follows: When made by a
constable or sheriff his return signed by him and indorsed on
the paper or process. When made by any person other than
such officer, then by the affidavit of the person making the
service. [Code 1881 § 1719; 1873 p 337 § 26; RRS §
1765.]
12.04.100 Service by publication. In case personal
service cannot be had by reason of the absence of the
defendant from the county in which the action is sought to
be commenced, it shall be proper to publish the summons or
notice with a brief statement of the object and prayer of the
claim or complaint, in some newspaper of general circulation
in the county wherein the action is commenced, which notice
shall be published not less than once a week for three weeks
prior to the time fixed for the hearing of the cause, which
shall not be less than four weeks from the first publication
of the notice.
The notice may be substantially as follows:
The State of Washington,
County of
To
............
⎫
⎬ ss.
âŽ
In justice’s court, . . . . . . justice.
...............
You are hereby notified that . . . . . . has filed a complaint (or claim as the case may be) against you in said court
which will come on to be heard at my office in . . . . . ., in
. . . . . . county, state of Washington, on the . . . . day of
. . . . . ., A.D. 19. . ., at the hour of . . . . o’clock . . . . m.,
and unless you appear and then and there answer, the same
will be taken as confessed and the demand of the plaintiff
(2002 Ed.)
Commencement of Actions
granted. The object and demand of said claim (or complaint,
as the case may be) is (here insert a brief statement).
Complaint filed . . . . . ., A.D. 19. . .
. . . . . . . . . . . . . . . . . . . . . . , J.P.
[1985 c 469 § 6; Code 1881 § 1720; 1873 p 337 § 27; RRS
§ 1766.]
Legal publications: Chapter 65.16 RCW.
12.04.110 Proof of service by publication. Proof of
service, in case of publication, shall be the affidavit of the
publisher, printer, foreman or principal clerk, showing the
same. [Code 1881 § 1721; 1873 p 338 § 28; RRS § 1767.]
12.04.120 Written admission as proof of service.
The written admission of the defendant, his agent or attorney, indorsed upon any summons, complaint and notice, or
other paper, shall be complete proof of service in any case.
[Code 1881 § 1722; 1873 p 338 § 29; RRS § 1768.]
12.04.130 Jurisdiction, when acquired. The court
shall be deemed to have obtained possession of the case
from the time the complaint or claim is filed, after completion of service, whether by publication or otherwise, and
shall have control of all subsequent proceedings. [Code
1881 § 1723; 1873 p 338 § 30; RRS § 1769.]
12.04.140 Action by person under eighteen years.
Except as provided under RCW 26.50.020, no action shall be
commenced by any person under the age of eighteen years,
except by his guardian, or until a next friend for such a
person shall have been appointed. Whenever requested, the
justice shall appoint some suitable person, who shall consent
thereto in writing, to be named by such plaintiff, to act as
his or her next friend in such action, who shall be responsible for the costs therein. [1992 c 111 § 10; 1971 ex.s. c 292
§ 75; Code 1881 § 1753; 1873 p 343 § 52; 1854 p 230 § 40;
RRS § 1771.]
Severability—1992 c 111: See RCW 26.50.903.
Findings—1992 c 111: See note following RCW 26.50.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
12.04.150 Action against defendant under eighteen
years—Guardian ad litem. After service and return of
process against a defendant under the age of eighteen years,
the action shall not be further prosecuted, until a guardian
for such defendant shall have been appointed, except as
provided under RCW 26.50.020. Upon the request of such
defendant, the justice shall appoint some person who shall
consent thereto in writing, to be guardian of the defendant in
defense of the action; and if the defendant shall not appear
on the return day of the process, or if he or she neglect or
refuse to nominate such guardian, the justice may, at the
request of the plaintiff, appoint any discreet person as such
guardian. The consent of the guardian or next friend shall
be filed with the justice; and such guardian for the defendant
shall not be liable for any costs in the action. [1992 c 111
§ 11; 1971 ex.s. c 292 § 76; Code 1881 § 1754; 1873 p 343
§ 53; 1854 p 230 § 41; RRS § 1772.]
12.04.100
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
12.04.160 Time for appearance. The parties shall be
entitled to one hour in which to make their appearance after
the time mentioned in the summons or notice for appearance,
but shall not be required to remain longer than that time,
unless both parties appear; and the justice being present, is
actually engaged in the trial of another action or proceeding;
in such case he may postpone the time of appearance until
the close of such trial. [1957 c 89 § 1; Code 1881 § 1755;
1873 p 344 § 54; 1854 p 230 § 42; RRS § 1773.]
12.04.170 Security for nonresident costs. Whenever
the plaintiff in an action, or in a garnishment or other
proceeding is a nonresident of the county or begins such
action or proceeding as the assignee of some other person,
or of a firm or corporation, as to all causes of action sued
upon, the justice may require of him security for the costs in
the action or proceeding in a sum not exceeding fifty dollars,
at the time of the commencement of the action, and after an
action or proceeding has been commenced by such nonresident or assignee plaintiff, the defendant or garnishee defendant may require such security by motion; and all proceedings shall be stayed until such security has been given.
[1929 c 102 § 1; 1905 c 10 § 1; Code 1881 § 1725; 1854 p
228 § 27; RRS § 1777.]
12.04.180 Cost bond in lieu of security. In lieu of
separate security for each action or proceeding in any court,
the plaintiff may cause to be executed and filed in the court
a bond in the penal sum of fifty dollars running to the state
of Washington, with surety approved by the court, and
conditioned for the payment of all judgments for costs which
may thereafter be rendered against him in that court. Any
defendant or garnishee who shall thereafter recover a
judgment for costs in said court against the principal on such
bond shall likewise be entitled to judgment against the
sureties. Such bond shall not be sufficient unless the penalty
thereof is unimpaired by any outstanding obligation at the
time of the commencement of the action. [1929 c 102 § 2;
RRS § 1777 1/2.]
12.04.190 Penalty for failure to execute process or
false return. If any officer, without showing good cause
therefor, fail to execute any process to him delivered, and
make due return thereof, or make a false return, such officer,
for every such offense, shall pay to the party injured ten
dollars, and all damage such party may have sustained by
reason thereof, to be recovered in a civil action. [Code 1881
§ 1752; 1873 p 343 § 51; 1854 p 230 § 39; RRS § 1776.]
12.04.200 Forms or equivalents prescribed. The
forms or equivalent forms as set forth in RCW 12.04.201
through 12.04.208 may be used by justices of the peace, in
civil actions and proceedings under this chapter. [1957 c 89
§ 3. Prior: Code 1881 § 1885, part; 1873 p 373 c 16, part;
1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS § 1890,
part.]
Severability—1992 c 111: See RCW 26.50.903.
Findings—1992 c 111: See note following RCW 26.50.030.
(2002 Ed.)
[Title 12 RCW—page 3]
12.04.201
Title 12 RCW: District Courts—Civil Procedure
12.04.201
Form of subpoena.
FORM OF SUBPOENA
⎫
⎬ ss.
............. , âŽ
State of Washington,
County of
To
............... :
In the name of the state of Washington, you are hereby
required to appear before the undersigned, one of the justices
of the peace in and for said county, on the . . . . day of
. . . . . ., 19. . ., at . . . . o’clock in the . . . . noon, at his
office in . . . . . ., to give evidence in a certain cause, then
and there to be tried, between A B, plaintiff, and C D,
defendant, on the part of (the plaintiff, or defendant as the
case may be).
Given under my hand this . . . . day of . . . . . ., 19. . .
J. P., Justice of the Peace.
[1957 c 89 § 4. Prior: Code 1881 § 1885, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
12.04.203 Form of execution—Form of execution
against principal and surety, after expiration of stay of
execution.
FORM OF EXECUTION
⎫
⎬ ss.
............. , âŽ
State of Washington,
County of
To the sheriff or any constable of said county:
Whereas, judgment against C D, for the sum of
. . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit,
was recovered on the . . . . day of . . . . . ., 19. . ., before the
undersigned, one of the justices of the peace in and for said
county, at the suit of A B. These are, therefore, in the name
of the state of Washington, to command you to levy on the
goods and chattels of the said C D (excepting such as the
law exempts), and make sale thereof according to law, to the
amount of said sum and costs upon this writ, and the same
return to me within thirty days, to be rendered to the said
A B, for his debt, interests and costs.
Given under my hand this . . . . day of . . . . . ., 19. . .
J. P., Justice of the Peace.
FORM OF EXECUTION AGAINST PRINCIPAL
AND SURETY, AFTER EXPIRATION OF
STAY OF EXECUTION
⎫
⎬ ss.
............. , âŽ
State of Washington,
County of
To the sheriff or any constable of said county:
Whereas, judgment against C D for the sum of
. . . . . . . . . dollars, and for . . . . . . . . . dollars, costs of
suit, was recovered on the . . . . day of . . . . . ., 19. . .,
before the undersigned, one of the justices of the peace in
and for said county, at the suit of A B; and whereas, on the
. . . . day of . . . . . ., 19. . ., E F became surety to pay said
judgment and costs, in . . . . . . month from the date of the
judgment aforesaid, agreeably to law, in the payment of
[Title 12 RCW—page 4]
which said C D and E F have failed; these are, therefore, in
the name, etc., [as in the common form].
[1957 c 89 § 5. Prior: Code 1881 § 1895, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
12.04.204
Form of order in replevin.
FORM OF ORDER IN REPLEVIN
⎫
⎬ ss.
............. , âŽ
State of Washington,
County of
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby
commanded to take the personal property mentioned and
described in the within affidavit, and deliver the same to the
plaintiff, upon receiving a proper undertaking, unless before
such delivery, the defendant enter into a sufficient undertaking for the delivery thereof to the plaintiff, if delivery be
adjudged.
Given under my hand this . . . . day of . . . . . ., 19. . .
J. P., Justice of the Peace.
[1957 c 89 § 6. Prior: Code 1881 § 1885, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
12.04.205
Form of a writ of attachment.
FORM OF A WRIT OF ATTACHMENT
⎫
⎬ ss.
............. , âŽ
State of Washington,
County of
To the sheriff or any constable of said county:
In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels,
moneys, effects and credits of C D, (excepting such as the
law exempts), or so much thereof as shall satisfy the sum of
. . . . . . dollars, with interest and cost of suit, in whosesoever hands or possession the same may be found in your
county, and to provide that the goods and chattels so
attached may be subject to further proceeding thereon, as the
law requires; and of this writ make legal service and due
return.
Given under my hand this . . . . day of . . . . . ., 19. . .
J. P., Justice of the Peace.
[1957 c 89 § 7. Prior: Code 1881 § 1885, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
12.04.206
Form of undertaking in replevin.
FORM OF UNDERTAKING IN REPLEVIN
Whereas, A B, plaintiff, has commenced an action
before J P, one of the justices of the peace in and for
. . . . . . county, against C D, defendant, for the recovery of
certain personal property, mentioned and described in the
affidavit of the plaintiff, to wit: [here set forth the property
claimed]. Now, therefore we, A B, plaintiff, E F and G H,
acknowledge ourselves bound unto C D in the sum of
(2002 Ed.)
Commencement of Actions
. . . . . . dollars for the prosecution of the action for the
return of the property to the defendant, if return thereof be
adjudged, and for the payment to him of such sum as may
for any cause be recovered against the plaintiff.
Dated the . . . . day of . . . . . ., 19. . . A B, E F, G H.
. . . . . . dollars, to indemnify the said J K against such
claim. A B, E F, G H.
[1957 c 89 § 10. Prior: Code 1881 § 1885, part; 1873 p
373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
[1957 c 89 § 8. Prior: Code 1881 § 1885, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part;
RRS § 1890, part.]
12.04.207 Form of undertaking in attachment—
Form of undertaking to discharge attachment.
FORM OF UNDERTAKING IN ATTACHMENT
Whereas, an application has been made by A B,
plaintiff, to J P, one of the justices of the peace in and for
. . . . . . county, for a writ of attachment against the personal
property of C D, defendant; Now, therefore, we, A B,
plaintiff, and E F, acknowledge ourselves bound to C D in
the sum of . . . . . . dollars, that if the defendant recover
judgment in this action, the plaintiff will pay all costs that
may be awarded to the defendant, and all damages which he
may sustain by reason of the said attachment and not
exceeding the sum of . . . . . . dollars.
Dated the . . . . day of . . . . . ., 19. . . A B, E F.
FORM OF UNDERTAKING
TO DISCHARGE ATTACHMENT
Whereas, a writ of attachment has been issued by J P,
one of the justices of the peace in and for . . . . . . county,
against the personal property of C D, defendant, in an action
in which A B is plaintiff; Now, therefore, we C D, defendant, E F, and G H, acknowledge ourselves bound unto J K,
constable, in the sum of . . . . . . dollars, [double the value
of the property], engaging to deliver the property attached,
to wit: [here set forth a list of articles attached], or pay the
value thereof to the sheriff or constable, to whom the
execution upon a judgment obtained by plaintiff in the
aforesaid action may be issued.
Dated this . . . . day of . . . . . ., 19. . . C D, E F, G H.
[1957 c 89 § 9. Prior: Code 1881 § 1885, part; 1873 p 373
c 16, part; 1863 p 370 c 16, part; 1854 p 253 § 19, part;
RRS § 1890, part.]
12.04.208 Form of undertaking to indemnify
constable on claim of property by a third person.
FORM OF UNDERTAKING
TO INDEMNIFY CONSTABLE ON CLAIM OF
PROPERTY BY A THIRD PERSON
Whereas, L M, claims to be owner of, and have the
right to possession of certain personal property, to wit: [here
describe it] which has been taken by J K, constable in
. . . . . . county, upon an execution by J P, justice of the
peace in and for the county of . . . . . ., upon a judgment
obtained by A B, plaintiff, against C D, defendant; Now,
therefore, we A B, plaintiff, E F, and G H, acknowledge
ourselves bound unto the said J K, constable, in the sum of
(2002 Ed.)
12.04.206
Chapter 12.08
PLEADINGS
Sections
12.08.010
12.08.020
12.08.030
12.08.040
12.08.050
12.08.060
12.08.070
12.08.080
12.08.090
12.08.100
12.08.110
12.08.120
When pleadings take place.
What constitute pleadings.
Pleadings oral or written.
Docketing or filing.
Denial of knowledge or information—Effect.
Pleading account or instrument.
Verification.
Uncontroverted allegations—Effect.
Objections to pleadings—Amendment.
Variance between pleading and proof.
Amendments—Continuance.
Setoff—Pleading.
12.08.010 When pleadings take place. The pleadings
in justice’s court shall take place upon the appearance of the
parties, unless they shall have been previously filed or unless
the justice shall, for good cause shown, allow a longer time
than the time of appearance. [Code 1881 § 1756; 1873 p
344 § 55; 1854 p 231 § 43; RRS § 1778.]
12.08.020 What constitute pleadings. The pleadings
in the justice’s court shall be:
(1) The complaint of the plaintiff, which shall state in
a plain and direct manner the facts constituting the cause of
action.
(2) The answer of the defendant, which may contain a
denial of the complaint, or any part thereof; and also a
statement, in a plain and direct manner, of any facts constituting a defense.
(3) When the answer sets up a setoff, by way of
defense, the reply of the plaintiff. [Code 1881 § 1757; 1873
p 344 § 56; 1854 p 231 § 44; RRS § 1779.]
12.08.030 Pleadings oral or written. The pleadings
in justices’ courts may be oral or in writing. [1957 c 89 §
11; Code 1881 § 1758; 1873 p 344 § 57; 1854 p 231 § 45;
RRS § 1780.]
12.08.040 Docketing or filing. When the pleadings
are oral, the substance of them shall be entered by the justice
in his docket. When in writing they shall be filed in his
office and a reference made to them in his docket.
Pleadings shall not be required to be in any particular form,
but shall be such as to enable a person of common understanding to know what is intended. [Code 1881 § 1759;
1873 p 345 § 58; 1854 p 231 § 46; RRS § 1781.]
12.08.050 Denial of knowledge or information—
Effect. A statement in an answer or reply, that the party has
not sufficient knowledge or information, in respect to a
particular allegation in the previous pleadings of the adverse
[Title 12 RCW—page 5]
12.08.050
Title 12 RCW: District Courts—Civil Procedure
party to form a belief, shall be deemed equivalent to a
denial. [Code 1881 § 1760; 1873 p 345 § 59; 1854 p 231 §
47; RRS § 1782.]
granted. The court may also, in its discretion, require as a
condition of an amendment, the payment of costs to the
adverse party. [Code 1881 § 1766; 1873 p 346 § 65; 1854
p 232 § 53; RRS § 1788.]
12.08.060 Pleading account or instrument. When
the cause of action, or setoff, arises upon an account or
instrument for the payment of money only, it shall be
sufficient for the party to deliver the account or instrument,
or a copy thereof, to the court, and to state that there is due
to him thereon, from the adverse party, a specified sum,
which he claims to recover or setoff. The court may, at the
time of pleading, require that the original account, or instrument, be exhibited to the inspection of the adverse party,
with liberty to copy the same; or if not so exhibited, may
prohibit its being given in evidence. [Code 1881 § 1761;
1873 p 345 § 60; 1854 p 231 § 48; RRS § 1783.]
12.08.120 Setoff—Pleading. To entitle a defendant
to any setoff he may have against the plaintiff, he must
allege the same in his answer; and the statutes regulating
setoffs in the superior court, shall in all respects be applicable to a setoff in a justice’s court, if the amount claimed to
be setoff, after deducting the amount found due to the
plaintiff, be within the jurisdiction of the justice of the
peace; judgment may, in like manner, be rendered by the
justice in favor of the defendant, for the balance found due
the plaintiff. [Code 1881 § 1767; 1873 p 346 § 66; 1854 p
232 § 54; RRS § 1789.]
12.08.070 Verification. Every complaint, answer or
reply shall be verified by the oath of the party pleading; or
if he be not present, by the oath of his attorney or agent, to
the effect that he believes it to be true. The verification
shall be oral, or in writing, in conformity with the pleading
verified. [Code 1881 § 1762; 1873 p 345 § 61; 1854 p 232
§ 49; RRS § 1784.]
12.08.080 Uncontroverted allegations—Effect.
Every material allegation in a complaint, or relating to a
setoff in an answer, not denied by the pleading of the
adverse party, shall, on the trial, be taken to be true, except
that when a defendant, who has not been served with a copy
of the complaint, fails to appear and answer, the plaintiff
cannot recover without proving his case. [Code 1881 §
1763; 1873 p 345 § 62; 1854 p 232 § 50; RRS § 1785.]
12.08.090 Objections to pleadings—Amendment.
Either party may object to a pleading by his adversary, or to
any part thereof that is not sufficiently explicit for him to
understand it, or that it contains no cause of action or
defense although it be taken as true. If the court deem the
objection well founded, it shall order the pleading to be
amended; and if the party refuse to amend, the defective
pleading shall be disregarded. [Code 1881 § 1764; 1873 p
345 § 63; 1854 p 232 § 51; RRS § 1786.]
12.08.100 Variance between pleading and proof. A
variance between the proof on the trial, and the allegations
in a pleading, shall be disregarded as immaterial, unless the
court be satisfied that the adverse party has been misled to
his prejudice thereby. [Code 1881 § 1765; 1873 p 346 § 64;
1854 p 232 § 52; RRS § 1787.]
12.08.110 Amendments—Continuance. The
pleadings may be amended at any time before the trial, or
during the trial, or upon appeal, to supply any deficiency or
omissions in the allegations or denials, necessary to support
the action or defense, when by such amendment substantial
justice will be promoted. If the amendment be made after
the issue, and it be made to appear to the satisfaction of the
court that a continuance is necessary to the adverse party in
consequence of such amendment, a continuance shall be
[Title 12 RCW—page 6]
Reviser’s note: Justices of the peace and courts to be construed to
mean district judges and courts: See RCW 3.30.015.
Chapter 12.12
TRIAL
Sections
12.12.010
12.12.020
12.12.030
12.12.070
12.12.080
12.12.090
Continuances limited.
Trial by justice.
Jury—Number—Qualifications—Fee.
Oath administered.
Delivery of verdict.
Discharge of jury.
12.12.010 Continuances limited. When the pleadings
of the party shall have taken place, the justice shall, upon the
application of either party, and sufficient cause be shown on
oath, continue the case for any time not exceeding sixty
days. If the continuance be on account of absence of
testimony, it shall be for such reasonable time as will enable
the party to procure such testimony, and shall be at the cost
of the party applying therefor, unless otherwise ordered by
the justice; and in all other respects shall be governed by the
law applicable to continuance in the superior court. [1957
c 89 § 12; Code 1881 § 1769; 1873 p 346 § 68; 1854 p 232
§ 56; RRS § 1847.]
12.12.020 Trial by justice. Upon issue joined, if a
jury trial be not demanded, the justice shall hear the evidence, and decide all questions of law and fact, and render
judgment accordingly. [Code 1881 § 1782; 1873 p 350 §
81; 1854 p 237 § 82; RRS § 1848.]
12.12.030 Jury—Number—Qualifications—Fee.
After the appearance of the defendant, and before the justice
shall proceed to enquire into the merits of the cause, either
party may demand a jury to try the action, which jury shall
be composed of six good and lawful persons having the
qualifications of jurors in the superior court of the same
county, unless the parties shall agree upon a lesser number:
PROVIDED, That the party demanding the jury shall first
pay to the justice the sum of twenty-five dollars, which shall
be paid over by the justice to the county, and said amount
shall be taxed as costs against the losing party. [1981 c 260
§ 3. Prior: 1977 ex.s. c 248 § 2; 1977 ex.s. c 53 § 2; 1888
(2002 Ed.)
Trial
p 118 § 1; Code 1881 § 1770; 1863 p 438 § 51; 1862 p 58
§ 1; 1854 p 235 § 70; RRS § 1849.]
12.12.070 Oath administered. When the jury is
selected, the justice shall administer to them an oath or
affirmation, well and truly to try the cause. [Code 1881 §
1776; 1873 p 348 § 75; 1854 p 236 § 76; RRS § 1853.]
12.12.080 Delivery of verdict. When the jury have
agreed on their verdict, they shall deliver the same to the
justice, publicly, who shall enter it on his docket. [Code
1881 § 1777; 1873 p 348 § 76; 1854 p 236 § 77; RRS §
1854.]
12.12.090 Discharge of jury. Whenever a justice
shall be satisfied that a jury, sworn in any civil cause before
him, having been out a reasonable time, cannot agree on
their verdict, he may discharge them, and issue a new venire,
unless the parties consent that the justice may render
judgment on the evidence before him, or upon such other
evidence as they may produce. [Code 1881 § 1778; 1873 p
348 § 77; 1854 p 236 § 78; RRS § 1855.]
Chapter 12.16
WITNESSES AND DEPOSITIONS
Sections
12.16.015 District court may compel attendance of witness.
12.16.020 Service of subpoena.
12.16.030 Attachment for nonappearance.
12.16.040 Service of attachment—Fees.
12.16.050 Damages for nonappearance.
12.16.060 Party to action as adverse witness.
12.16.070 Testimony of party may be rebutted.
12.16.080 Procedure on party’s refusal to testify.
12.16.090 Examination of party in his own behalf.
Oaths and affirmations: Chapter 5.28 RCW.
12.16.015 District court may compel attendance of
witness. Any person may be compelled to attend as a
witness before a district court in accordance with chapter
5.56 RCW. [1984 c 258 § 702.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.16.020 Service of subpoena. A subpoena may be
served by any person above the age of eighteen years, by
reading it to the witness, or by delivering to him a copy at
his usual place of abode. [Code 1881 § 1870; 1873 p 370
§ 169; 1854 p 233 § 58; RRS § 1899.]
12.16.030 Attachment for nonappearance. Whenever it shall appear to the satisfaction of the justice, by proof
made before him, that any person, duly subpoenaed to
appear before him in an action, shall have failed, without a
just cause, to attend as a witness, in conformity to such
subpoena, and the party in whose behalf such subpoena was
issued, or his agent, shall make oath that the testimony of
such witness is material, the justice shall have the power to
issue an attachment to compel the attendance of such
witness: PROVIDED, That no attachment shall issue against
(2002 Ed.)
12.12.030
a witness in any civil action, unless his fees for mileage and
one day’s attendance have been tendered or paid in advance,
if previously demanded by such witness from the person
serving the subpoena. [Code 1881 § 1871; 1873 p 370 §
170; 1854 p 233 § 59; RRS § 1900.]
Attachment of a witness: RCW 5.56.070.
When witness must attend: RCW 5.56.010.
12.16.040 Service of attachment—Fees. Every such
attachment may be directed to any sheriff or constable of the
county in which the justice resides, and shall be executed in
the same manner as a warrant; and the fees of the officer for
issuing and serving the same shall be paid by the person
against whom the same was issued, unless he show reasonable cause, to the satisfaction of the justice, for his omission
to attend; in which case the party requiring such attachment
shall pay all such costs. [Code 1881 § 1872; 1873 p 370 §
171; 1854 p 233 § 60; RRS § 1901.]
Attachment, to whom directed—Execution: RCW 5.56.080.
12.16.050 Damages for nonappearance. Every
person subpoenaed as aforesaid, and neglecting to appear,
shall also be liable to the party in whose behalf he may have
been subpoenaed, for all damages which such party may
have sustained by reason of his nonappearance: PROVIDED, That such witness had the fees allowed for mileage and
one day’s attendance paid, or tendered him, in advance, if
demanded by him at the time of the service. [Code 1881 §
1873; 1873 p 371 § 172; 1854 p 234 § 61; RRS § 1902.]
Result of failure to attend: RCW 5.56.060, 5.56.061.
When witness must attend: RCW 5.56.010.
12.16.060 Party to action as adverse witness. A
party to an action may be examined as a witness, at the
instance of the adverse party, and for that purpose may be
compelled in the same manner, and subject to the same rules
of examination, as any other witness, to testify at the trial,
or appear and have his deposition taken. [Code 1881 §
1874; 1873 p 371 § 173; 1854 p 234 § 62; RRS § 1903.]
12.16.070 Testimony of party may be rebutted. The
examination of a party thus taken, may be rebutted by
adverse testimony. [Code 1881 § 1875; 1873 p 371 § 174;
1854 p 234 § 63; RRS § 1904.]
12.16.080 Procedure on party’s refusal to testify.
If a party refuse to attend and testify at the trial, or give his
deposition before trial, when required, his complaint, answer
or reply, may be stricken out, and judgment taken against
him. [Code 1881 § 1876; 1873 p 371 § 175; 1854 p 234 §
64; RRS § 1905.]
Penalty for failure to testify: Rules of court: CR 43(f)(3).
12.16.090 Examination of party in his own behalf.
A party examined by an adverse party may be examined on
his own behalf, in respect to any matter pertinent to the
issue. But if he testify to any new matter, not responsive to
the inquiries put to him by the adverse party, or necessary to
qualify or explain his answer thereto, or to discharge, when
his answer would charge himself, such adverse party may
[Title 12 RCW—page 7]
12.16.090
Title 12 RCW: District Courts—Civil Procedure
offer himself as a witness, and he shall be so received.
[Code 1881 § 1877; 1873 p 371 § 176; 1854 p 234 § 65;
RRS § 1906.]
days for moving to set aside such default judgment has
expired. [1915 c 41 § 1; Code 1881 § 1781; 1873 p 349 §
79; 1863 p 349 § 62; 1854 p 237 § 81; RRS § 1858.]
Chapter 12.20
JUDGMENTS
12.20.030 Judgment on merits. Upon the verdict of
a jury, the justice shall immediately render judgment thereon.
When the trial is by the justice, judgment shall be entered
within three days after the close of the trial. [1957 c 89 §
13; Code 1881 § 1783; 1873 p 350 § 82; 1854 p 237 § 83;
RRS § 1859.]
Sections
12.20.010 Judgment of dismissal.
12.20.020 Judgment by default.
12.20.030 Judgment on merits.
12.20.040 Tender—Effect of, on judgment.
12.20.050 Setoff—Limitation of judgment.
12.20.060 Judgment for costs—Attorney’s fee.
12.20.070 Proceedings where title to land is involved.
Reviser’s note: References in this chapter to justices of the peace and
courts to be construed to mean district judges and courts: See RCW
3.30.015.
12.20.010 Judgment of dismissal. Judgment that the
action be dismissed, without prejudice to a new action, may
be entered, with costs, in the following cases:
(1) When the plaintiff voluntarily dismisses the action
before it is finally submitted.
(2) When he fails to appear at the time specified in the
notice, upon continuance, or within one hour thereafter.
(3) When it is objected at the trial, and appears by the
evidence that the action is brought in the wrong county
[precinct]; but if the objection be taken and overruled, it
shall be cause only of reversal or appeal; if not taken at the
trial it shall be deemed waived, and shall not be cause of
reversal. [Code 1881 § 1780; 1873 p 348 § 79; 1863 p 349
§ 61; 1854 p 236 § 80; RRS § 1857.]
12.20.020 Judgment by default. When the defendant
fails to appear and plead at the time specified in the notice,
or within one hour thereafter, judgment shall be given as
follows:
(1) When the defendant has been served with a true
copy of the complaint, judgment shall be given without
further evidence for the sum specified therein;
(2) In other cases, the justice shall hear the evidence of
the plaintiff, and render judgment for such sum only as shall
appear by the evidence to be just, but in no case exceed the
amount specified in the complaint.
(3) The justice shall have full power at any time after a
judgment has been given by default for failure of the
defendant to appear and plead at the proper time, to vacate
and set aside said judgment for any good cause and upon
such terms as he shall deem sufficient and proper. Such
judgment shall only be set aside upon five days notice in
writing served upon the plaintiff or the plaintiff’s attorney
and filed with the justice within ten days after the entry of
the judgment. The justice shall hear the application to set
aside such judgment either upon affidavits or oral testimony
as he may deem proper. In case such judgment is set aside
the making of the application for setting the same aside shall
be considered an entry of general appearance in the case by
the applicant, and the case shall duly proceed to a trial upon
the merits: PROVIDED, That, no justice of the peace shall
pay out or turn over money or property received by him by
virtue of any default judgment until the expiration of the ten
[Title 12 RCW—page 8]
12.20.040 Tender—Effect of, on judgment. If the
defendant, at any time before the trial, offer in writing to
allow judgment to be taken against him for a specified sum,
the plaintiff may immediately have judgment therefor, with
costs then accrued; but if he do not accept such offer before
the trial, and fail to recover on the trial of the action, a sum
greater than the offer, such plaintiff shall not recover any
costs that may accrue after he shall have been notified of the
offer of the defendant, but such costs shall be adjudged
against him, and if he recover, deducted from his recovery.
But the offer and failure to accept it, shall not be given in
evidence to affect the recovery, otherwise than as to costs,
as above provided. [Code 1881 § 1784; 1873 p 350 § 83;
1863 p 350 § 65; 1854 p 237 § 84; RRS § 1860.]
12.20.050 Setoff—Limitation of judgment. When
the setoff of the defendant proved shall exceed the claim of
the plaintiff, and such excess in amount exceed the jurisdiction of a justice of the peace, the court shall allow such
amount as is necessary to cancel the plaintiff’s claim, and
give the defendant a judgment for costs; but in such case,
the court shall not render judgment for any further sum in
favor of the defendant. [Code 1881 § 1768; 1873 p 346 §
67; 1854 p 232 § 55; RRS § 1861.]
12.20.060 Judgment for costs—Attorney’s fee.
When the prevailing party in district court is entitled to
recover costs as authorized in RCW 4.84.010 in a civil
action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of
dismissal of the action, the judge shall enter up a judgment
in favor of the defendant for the amount of his or her costs;
and in case any party so entitled to costs is represented in
the action by an attorney, the judge shall include attorney’s
fees of one hundred twenty-five dollars as part of the costs:
PROVIDED, HOWEVER, That the plaintiff shall not be
entitled to such attorney fee unless he or she obtains,
exclusive of costs, a judgment in the sum of fifty dollars or
more. [1993 c 341 § 1; 1985 c 240 § 2; 1984 c 258 § 89;
1975-’76 2nd ex.s. c 30 § 1; 1915 c 43 § 1; 1893 c 12 § 1;
Code 1881 § 1785; 1873 p 350 § 84; 1854 p 237 § 85; RRS
§ 1862.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Attorneys’ fee as costs in damage actions of ten thousand dollars or less:
RCW 4.84.250 through 4.84.300.
12.20.070 Proceedings where title to land is involved. If it appear on the trial of any cause before a justice
of the peace, from the evidence of either party, that the title
(2002 Ed.)
Judgments
to lands is in question, which title shall be disputed by the
other, the justice shall immediately make an entry thereof in
his docket, and cease all further proceedings in the cause,
and shall certify and return to the superior court of the
county, a transcript of all the entries made in his docket,
relating to the cause, together with all the process and other
papers relating to the action, in the same manner, and within
the same time, as upon an appeal; and thereupon the parties
shall file their pleadings, and the superior court shall proceed
in the cause to final judgment and execution, in the same
manner as if the said action had been originally commenced
therein, and the cost shall abide the event of the suit. [Code
1881 § 1868; 1873 p 369 § 167; 1854 p 235 § 69; RRS §
1863.]
Chapter 12.28
REPLEVIN
Sections
12.28.005
Chapter 7.64 RCW available to plaintiff in action to recover
possession of personal property.
12.28.005 Chapter 7.64 RCW available to plaintiff
in action to recover possession of personal property. The
plaintiff in an action to recover the possession of personal
property may claim and obtain the immediate delivery of the
property, after a hearing, as provided in chapter 7.64 RCW.
[1979 ex.s. c 132 § 8.]
Severability—1979 ex.s. c 132: See RCW 7.64.900.
Chapter 12.36
SMALL CLAIMS APPEALS
(Formerly: Appeals)
Sections
12.36.010
12.36.020
Appeal in small claims action authorized.
Appeal—Procedure—Notice filing—Fee—Bond or undertaking—Service—Costs of record preparation.
12.36.030 Stay of proceedings—Procedures—Return of property upon
stay—Enforcement upon denial.
12.36.050 Certification of record by district court—Transmittal to
superior court—Powers of superior court upon transmittal.
12.36.055 Trial of an appeal from small claims judgment.
12.36.080 No dismissal for defective bond—Notice.
12.36.090 Judgment against appellant and sureties.
Costs in appeal from district courts: RCW 4.84.130.
12.36.010 Appeal in small claims action authorized.
Any person wishing to appeal a judgment or decision in a
small claims action may, in person or by his or her agent,
appeal to the superior court of the county where the judgment was rendered or decision made: PROVIDED, There
shall be no appeal allowed unless the amount in controversy,
exclusive of costs, exceeds two hundred fifty dollars:
PROVIDED FURTHER, That an appeal from the court’s
determination or order on a traffic infraction proceeding may
be taken only in accordance with RCW 46.63.090(5). [1997
c 352 § 7; 1979 ex.s. c 136 § 21; 1929 c 58 § 1; RRS §
1910. Prior: 1905 c 20 § 1; 1891 c 29 § 1; Code 1881 §
1858; 1873 p 367 § 156; 1854 p 252 § 160.]
(2002 Ed.)
12.20.070
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
12.36.020 Appeal—Procedure—Notice filing—Fee—
Bond or undertaking—Service—Costs of record preparation. (1) To appeal a judgment or decision in a small
claims action, an appellant shall file a notice of appeal in the
district court, pay the statutory superior court filing fee, post
the required bond or undertaking, and serve a copy of the
notice of appeal on all parties of record within thirty days
after the judgment is rendered or decision made.
(2) No appeal may be allowed, nor proceedings on the
judgment or decision stayed, unless a bond or undertaking
shall be executed on the part of the appellant and filed with
and approved by the district court. The bond or undertaking
shall be executed with two or more personal sureties, or a
surety company as surety, to be approved by the district
court, in a sum equal to twice the amount of the judgment
and costs, or twice the amount in controversy, whichever is
greater, conditioned that the appellant will pay any judgment,
including costs, as may be rendered on appeal. No bond is
required if the appellant is a county, city, town, or school
district.
(3) When an appellant has filed a notice of appeal, paid
the statutory superior court filing fee and the costs of
preparation of the complete record as set forth in RCW
3.62.060(7), and posted the bond or undertaking as required,
the clerk of the district court shall immediately file a copy
of the notice of appeal, the filing fee, and the bond or
undertaking with the superior court. [1998 c 52 § 1; 1997
c 352 § 8; 1929 c 58 § 2; RRS § 1911. Prior: 1891 c 29 §
1; Code 1881 § 1859; 1873 p 367 §§ 157, 158; 1854 p 252
§§ 161, 162.]
12.36.030 Stay of proceedings—Procedures—Return
of property upon stay—Enforcement upon denial. When
an appeal and any necessary bond or undertaking are
properly filed in superior court pursuant to RCW
12.36.020(3), the appellant may move in superior court to
stay all further proceedings in the district court. If the stay
is granted, all further proceedings in district court on the
judgment shall be suspended. If proceedings have commenced on motion of the appellant the court may order the
proceedings halted and such process recalled.
If any property is held pursuant to such proceedings at
the time the stay is granted and the process recalled, such
property shall be returned immediately to the party entitled
to such property.
If the requested stay is denied, or no stay is requested,
the judgment will be enforced in superior court in the same
manner as any other judgment rendered in that court. [1998
c 52 § 2; 1997 c 352 § 9; 1929 c 58 § 3; RRS § 1912.
Prior: Code 1881 § 1861; 1873 p 368 § 160; 1854 p 252 §
164.]
12.36.050 Certification of record by district court—
Transmittal to superior court—Powers of superior court
upon transmittal. (1) Within fourteen days after a small
claims appeal has been filed in superior court by the clerk of
the district court pursuant to RCW 12.36.020(3), the complete record as defined in subsection (2) of this section shall
[Title 12 RCW—page 9]
12.36.050
Title 12 RCW: District Courts—Civil Procedure
be made and certified by the clerk of the district court to be
correct. The clerk shall then immediately transmit the
complete record to superior court. The superior court shall
then become possessed of the cause. All further proceedings
shall be in the superior court, including enforcement of any
judgment rendered. Any superior court procedures such as
arbitration or other methods of dispute resolution may be
utilized by the superior court in its discretion.
(2) The complete record shall consist of a transcript of
all entries made in the district court docket relating to the
case, together with all the process and other papers relating
to the case filed with the district court and a contemporaneous recording made of the proceeding. [2001 c 156 § 1;
1998 c 52 § 3; 1997 c 352 § 10; 1929 c 58 § 5; RRS §§
1914, 1915. Prior: 1891 c 29 § 4; Code 1881 § 1863; 1873
p 368 § 162; 1854 p 252 § 166. Formerly RCW 12.36.050
and 12.36.060.]
12.36.055 Trial of an appeal from small claims
judgment. (1) The appeal from a small claims judgment or
decision shall be de novo upon the record of the case, as
entered by the district court.
(2) Any cases heard in superior court pursuant to this
section may be heard by a duly appointed commissioner. As
used in this chapter "judge" includes any duly appointed
commissioner. [2001 c 156 § 2; 1997 c 352 § 11.]
12.36.080 No dismissal for defective bond—Notice.
No appeal under this chapter shall be dismissed on account
of any defect in the bond on appeal, if, within ten days of
notice to appellant of such defect, the appellant executes and
files in the court currently possessed of the cause such bond
as should have been executed at the time of taking the
appeal, and pay all costs that may have accrued by reason of
such defect. [1998 c 52 § 4; 1997 c 352 § 12; 1929 c 58 §
7; RRS § 1917. Prior: Code 1881 § 1867; 1873 p 369 §
165; 1854 p 253 § 169.]
12.36.090 Judgment against appellant and sureties.
In all cases of appeal to the superior court under this
chapter, if the judgment is against the appellant, in whole or
in part, such judgment shall be rendered against the appellant
and his or her sureties on the bond on appeal. [1997 c 352
§ 13; 1929 c 58 § 8; RRS § 1918. Prior: Code 1881 §
1867; 1873 p 369 § 166; 1854 p 253 § 170.]
Chapter 12.40
SMALL CLAIMS
Sections
12.40.010
12.40.020
12.40.025
12.40.027
12.40.030
12.40.040
12.40.045
12.40.050
12.40.060
12.40.070
12.40.080
12.40.090
Department authorized—Jurisdictional amount.
Action—Commencement—Fee.
Transfer of action to small claims department.
Removal to superior court—Restrictions—Simultaneous
maintenance of claims—Joinder of claims on appeal.
Setting case for hearing—Notice—Time of trial.
Service of notice of claim—Fee.
Recovery of fees as court costs.
Requisites of claim.
Requisites of notice.
Verification of claim.
Hearing.
Informal pleadings.
[Title 12 RCW—page 10]
12.40.100
12.40.105
12.40.110
12.40.120
12.40.800
Payment of monetary judgment.
Increase of judgment upon failure to pay.
Procedure on nonpayment.
Appeals—Setting aside judgments.
Small claims informational brochure—Preparation and distribution.
12.40.010 Department authorized—Jurisdictional
amount. In every district court there shall be created and
organized by the court a department to be known as the
"small claims department of the district court." The small
claims department shall have jurisdiction, but not exclusive,
in cases for the recovery of money only if the amount
claimed does not exceed four thousand dollars. [2001 c 154
§ 1; 1991 c 71 § 1; 1988 c 85 § 1; 1984 c 258 § 57; 1981
c 331 § 10; 1979 c 102 § 4; 1973 c 128 § 1; 1970 ex.s. c 83
§ 1; 1963 c 123 § 1; 1919 c 187 § 1; RRS § 1777-1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
Application, savings—Effective date—Severability—1979 c 102:
See notes following RCW 3.66.020.
12.40.020 Action—Commencement—Fee. A small
claims action shall be commenced by the plaintiff filing a
claim, in the form prescribed by RCW 12.40.050, in the
small claims department. A filing fee of ten dollars plus any
surcharge authorized by RCW 7.75.035 shall be paid when
the claim is filed. [1990 c 172 § 3; 1984 c 258 § 58; 1919
c 187 § 2; RRS § 1777-2.]
Effective date—1990 c 172: See note following RCW 7.75.035.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.40.025 Transfer of action to small claims department. A defendant in a district court proceeding in which
the claim is within the jurisdictional amount for the small
claims department may in accordance with court rules transfer the action to the small claims department. In the event
of such a transfer the provisions of RCW 12.40.070 shall not
be applicable if the plaintiff was an assignee of the claim at
the time the action was commenced nor shall the provisions
of RCW 12.40.080 prohibit an attorney from representing the
plaintiff if he was the attorney of record for the plaintiff at
the time the action was commenced. [1984 c 258 § 59;
1970 ex.s. c 83 § 2.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.40.027
Removal to superior court—
Restrictions—Simultaneous maintenance of claims—
Joinder of claims on appeal. RCW 4.14.010 regarding
removal of actions to superior court shall not apply to cases
originally filed in small claims court, or transferred to the
small claims court pursuant to RCW 12.40.025. No defendant or third party defendant may remove a small claims
case from small claims court as a matter of right by merely
filing a claim or counterclaim or other request for relief that
is beyond the jurisdiction of the small claims court. Claims,
counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of
(2002 Ed.)
Small Claims
12.40.027
small claims court may be maintained simultaneously in
superior court as a separate action brought by such defendant
or third party defendant. Such a superior court action does
not affect the jurisdiction of the small claims court to hear
the original small claims case. The decision of the small
claims court shall have no preclusive effect on a superior
court action brought pursuant to this section. If the small
claims case is appealed, it shall be automatically joined with
any superior court case filed pursuant to this section, and the
procedures set forth in RCW 12.36.055 shall not apply.
Nothing in this section may be construed to limit the
small claims court from transferring a small claims case to
district court or superior court after notice and hearing.
[1997 c 352 § 5.]
the amount of the fees for such services as provided in RCW
36.18.040. [1981 c 194 § 4.]
12.40.030 Setting case for hearing—Notice—Time
of trial. Upon filing of a claim, the court shall set a time
for hearing on the matter. The court shall issue a notice of
the claim which shall be served upon the defendant to notify
the defendant of the hearing date. A trial need not be held
on this first appearance, if dispute resolution services are
offered instead of trial, or local practice rules provide that
trials will be held on different days. [1997 c 352 § 1; 1984
c 258 § 60; 1981 c 330 § 3; 1980 c 162 § 11; 1963 c 123 §
2; 1919 c 187 § 3; RRS § 1777-3.]
12.40.060 Requisites of notice. The notice of claim
directed to the defendant shall contain: (1) The name and
address of the plaintiff; (2) a brief and concise statement of
the nature and amount of the claim; (3) a statement directing
and requiring defendant to appear personally in the small
claims department at a time certain, which shall not be less
than five days from the date of service of the notice; and (4)
a statement advising the defendant that in case of his or her
failure to appear, judgment will be given against defendant
for the amount of the claim. [1984 c 258 § 63; 1981 c 331
§ 11; 1919 c 187 § 6; RRS § 1777-6.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1980 c 162: See note following RCW 3.02.010.
12.40.040 Service of notice of claim—Fee. The
notice of claim can be served either as provided for the
service of summons or complaint and notice in civil actions
or by registered or certified mail if a return receipt with the
signature of the party being served is filed with the court.
No other legal document or process is to be served with the
notice of claim. Information from the court regarding the
small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation
in the small claims department may be included with the
notice of claim when served.
The notice of claim shall be served promptly after filing
the claim. Service must be complete at least ten days prior
to the first hearing.
The person serving the notice of claim shall be entitled
to receive from the plaintiff, besides mileage, the fee
specified in RCW 36.18.040 for such service; which sum,
together with the filing fee set forth in RCW 12.40.020, shall
be added to any judgment given for plaintiff. [1997 c 352
§ 2; 1984 c 258 § 61; 1981 c 194 § 3; 1970 ex.s. c 83 § 3;
1959 c 263 § 9; 1919 c 187 § 4; RRS § 1777-4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1981 c 194: See note following RCW 36.18.040.
12.40.045 Recovery of fees as court costs. In the
event persons other than the sheriff or duly appointed
deputies charge a fee for services in excess of the fees
allowed under RCW 36.18.040, the prevailing party incurring
such charges shall be entitled to recover as court costs only
(2002 Ed.)
Severability—1981 c 194: See note following RCW 36.18.040.
12.40.050 Requisites of claim. A claim filed in the
small claims department shall contain: (1) The name and
address of the plaintiff; (2) a statement, in brief and concise
form, of the nature and amount of the claim and when the
claim accrued; and (3) the name and residence of the defendant, if known to the plaintiff, for the purpose of serving the
notice of claim on the defendant. [1984 c 258 § 62; 1919 c
187 § 5; RRS § 1777-5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
12.40.070 Verification of claim. A claim must be
verified by the real claimant, and no claim shall be filed or
prosecuted in the small claims department by the assignee of
the claim. [1984 c 258 § 64; 1919 c 187 § 7; RRS § 17777.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.40.080 Hearing. (1) No attorney at law, legal
paraprofessional, nor any person other than the plaintiff and
defendant, shall appear or participate with the prosecution or
defense of litigation in the small claims department without
the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney at law or legal
paraprofessional except as set forth in RCW 12.40.025.
(2) In the small claims department it shall not be
necessary to summon witnesses, but the plaintiff and
defendant in any claim shall have the privilege of offering
evidence in their behalf by witnesses appearing at trial.
(3) The judge may informally consult witnesses or
otherwise investigate the controversy between the parties and
give judgment or make such orders as the judge may deem
to be right, just, and equitable for the disposition of the
controversy. [1997 c 352 § 3; 1991 c 71 § 2; 1984 c 258 §
65; 1981 c 331 § 12; 1919 c 187 § 8; RRS § 1777-8.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—
Severability—1981 c 331: See notes following RCW 2.32.070.
[Title 12 RCW—page 11]
12.40.090
Title 12 RCW: District Courts—Civil Procedure
12.40.090 Informal pleadings. A formal pleading,
other than the claim and notice, shall not be necessary to
define the issue between the parties. The hearing and
disposition of the actions shall be informal, with the sole
object of dispensing speedy and quick justice between the
litigants. An attachment, garnishment or execution shall not
issue from the small claims department on any claim except
as provided in this chapter. [1984 c 258 § 66; 1919 c 187
§ 9; RRS § 1777-9.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.40.100 Payment of monetary judgment. If a
monetary judgment or order is entered, it shall be the
judgment debtor’s duty to pay the judgment upon such terms
and conditions as the judge shall prescribe. If the judgment
is not paid to the prevailing party at the time the judgment
is entered and the judgment debtor is present in court, the
court may order a payment plan. [1984 c 258 § 67; 1983 c
254 § 1; 1919 c 187 § 10; RRS § 1777-10.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1983 c 254: "This act shall take effect on January
1, 1984." [1983 c 254 § 5.]
12.40.105 Increase of judgment upon failure to pay.
If the losing party fails to pay the judgment within thirty
days or within the period otherwise ordered by the court, the
judgment shall be increased by: (1) An amount sufficient to
cover costs of certification of the judgment under RCW
12.40.110; and (2) the amount specified in RCW
36.18.012(2), without regard to the jurisdictional limits on
the small claims department. [1998 c 52 § 5; 1995 c 292 §
5; 1983 c 254 § 2.]
Effective date—1983 c 254: See note following RCW 12.40.100.
12.40.110 Procedure on nonpayment. (1) If the
losing party fails to pay the judgment according to the terms
and conditions thereof within thirty days or is in arrears on
any payment plan, and the prevailing party so notifies the
court, the court shall certify the judgment in substantially the
following form:
Washington.
In the District Court of . . . . . . County.
Witness my hand this . . . . day of . . . . . ., 19. . .
............................
Clerk of the Small Claims Department.
(2) The clerk shall forthwith enter the judgment transcript on the judgment docket of the district court; and
thereafter garnishment, execution, and other process on
execution provided by law may issue thereon, as in other
judgments of district courts.
(3) Transcripts of such judgments may be filed and
entered in judgment lien dockets in superior courts with like
effect as in other cases. [1998 c 52 § 6; 1995 c 292 § 6;
1984 c 258 § 68; 1983 c 254 § 3; 1975 1st ex.s. c 40 § 1;
1973 c 128 § 2; 1919 c 187 § 11; RRS § 1777-11.]
*Reviser’s note: 1998 c 52 extended the payment period to thirty
days in RCW 12.40.105 and subsection (1) of this section, but failed to
conform the text of the certification form.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1983 c 254: See note following RCW 12.40.100.
Inclusion of reasonable costs and attorneys’ fees in execution: RCW
6.17.110.
12.40.120 Appeals—Setting aside judgments. No
appeal shall be permitted from a judgment of the small
claims department of the district court where the amount
claimed was less than two hundred fifty dollars. No appeal
shall be permitted by a party who requested the exercise of
jurisdiction by the small claims department where the
amount claimed by that party was less than one thousand
dollars. A party in default may seek to have the default
judgment set aside according to the court rules applicable to
setting aside judgments in district court. [1997 c 352 § 4;
1988 c 85 § 2; 1984 c 258 § 69; 1970 ex.s. c 83 § 4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
12.40.800 Small claims informational brochure—
Preparation and distribution. The administrator for the
courts and the district and municipal court judges’ association shall prepare a model small claims informational
brochure and distribute the model brochure to all small
claims departments in the state. This brochure may be
modified as necessary by each small claims department and
shall be made available to all parties in any small claims
action. [1994 c 32 § 7; 1988 c 85 § 3.]
. . . . . . . . . . . . . . . . . . . Plaintiff,
vs.
. . . . . . . . . . . . . . . . . . . Defendant.
In the Small Claims Department.
This is to certify that: (1) In a certain action on the
. . . . day of . . . . . . 19. . ., wherein . . . . . . . . . was
plaintiff and . . . . . . . . . defendant, jurisdiction of said
defendant having been had by personal service (or otherwise)
as provided by law, judgment was entered against . . . . . .
in the sum of . . . . . . dollars; (2) the judgment has not been
paid within *twenty days or the period otherwise ordered by
the court; and (3) pursuant to RCW 12.40.105, the amount
of the judgment is hereby increased by any costs of certification under this section and the amount specified in RCW
36.18.012(2).
[Title 12 RCW—page 12]
(2002 Ed.)
Title 13
JUVENILE COURTS AND JUVENILE OFFENDERS
Chapters
13.04
Basic juvenile court act.
13.06
Juvenile offenders—Consolidated juvenile
services programs.
13.16
Places of detention.
13.20
Management of detention facilities—Counties
with populations of one million or more.
13.24
Interstate compact on juveniles.
13.32A Family reconciliation act.
13.34
Juvenile court act—Dependency and termination of parent-child relationship.
13.40
Juvenile justice act of 1977.
13.50
Keeping and release of records by juvenile
justice or care agencies.
13.60
Missing children clearinghouse.
13.64
Emancipation of minors.
13.70
Substitute care of children—Review board
system.
13.80
Learning and life skills grant program.
Action against parent for willful injury to property by minor: RCW
4.24.190.
Age of majority: Chapter 26.28 RCW.
Alcoholic beverage control: Title 66 RCW.
Child
abuse: Chapter 26.44 RCW.
custody, action by nonparent: Chapter 26.10 RCW.
custody or visitation, denial: RCW 26.09.255.
domestic violence prevention: Chapter 26.50 RCW.
labor: Chapters 26.28, 28A.225, 49.12 RCW.
welfare agencies: Chapter 74.15 RCW.
Children and family services: Chapter 74.14A RCW.
Compulsory school attendance: Chapter 28A.225 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Firearms: RCW 9.41.080, 9.41.240.
Jurisdiction over Indians as to juvenile delinquency and dependent children:
Chapter 37.12 RCW.
Juvenile laws and court processes and procedures—Informational materials: RCW 2.56.130.
Leaving children in parked automobile: RCW 9.91.060.
Out-of-home care—Social study required: RCW 74.13.065.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public institutions, division of children and youth services: Chapter 72.05
RCW.
Report of child abuse: Chapter 26.44 RCW.
State institutions: Title 72 RCW.
Tobacco: RCW 26.28.080.
Vacation and modification of judgments—Causes for enumerated: RCW
4.72.010(5).
Witnesses—Who are disqualified—Privileged communications: RCW
5.60.060.
Youth development and conservation corps: Chapter 79A.05 RCW.
(2002 Ed.)
Chapter 13.04
BASIC JUVENILE COURT ACT
(Formerly: Juvenile courts)
Sections
13.04.005
13.04.011
13.04.021
13.04.030
13.04.0301
Short title.
Definitions.
Juvenile court—How constituted—Cases tried without jury.
Juvenile court—Exclusive original jurisdiction.
Courts of limited jurisdiction—Concurrent jurisdiction with
the juvenile court—Pilot project—Expiration.
13.04.033 Appeal of court order—Procedure—Priority, when.
13.04.035 Administrator of juvenile court, probation counselor, and
detention services—Appointment.
13.04.037 Administrator—Adoption of standards for detention facilities
for juveniles—Revision and inspection.
13.04.040 Administrator—Appointment of probation counselors and
persons in charge of detention facilities—Powers and
duties, compensation—Collection of fines.
13.04.043 Administrator—Obtaining interpreters.
13.04.047 Administrator or staff—Health and dental examination and
care—Consent.
13.04.050 Expenses of probation officers.
13.04.093 Hearings—Duties of prosecuting attorney or attorney general.
13.04.116 Juvenile not to be confined in jail or holding facility for
adults, exceptions—Enforcement.
13.04.135 Establishment of house or room of detention.
13.04.145 Educational program for juveniles in detention facilities.
13.04.155 Notification to school principal of conviction, adjudication,
or diversion agreement—Provision of information to
teachers and other personnel—Confidentiality.
13.04.160 Fees not allowed.
13.04.180 Board of visitation.
13.04.240 Court order not deemed conviction of crime.
13.04.300 Juvenile may be both dependent and an offender.
13.04.450 Chapters 13.04 and 13.40 RCW as exclusive authority for
adjudication and disposition of juvenile offenders—
Chapter 10.22 RCW does not apply to proceedings
under chapter 13.40 RCW.
Division of children and youth services; construed in connection with and
supplemental to the juvenile court law: RCW 72.05.170 through
72.05.210.
Educational aid for children with disabilities: Chapter 28A.155 RCW.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Record of traffic charges of juveniles to be furnished juvenile court: RCW
46.20.293.
Relinquishment of permanent care of child: RCW 26.33.090.
Schools designated close security institutions: RCW 72.05.130.
Temporary assistance for needy families: Chapter 74.12 RCW.
Transfer from minimum security to close security institution—Court order
required: RCW 72.05.130(3).
13.04.005 Short title. This chapter shall be known as
the "basic juvenile court act". [1977 ex.s. c 291 § 1.]
Effective dates—1977 ex.s. c 291: "Section 57 of this 1977
amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of state government and its existing
public institutions, and shall take effect on July 1, 1977. The remainder of
[Title 13 RCW—page 1]
13.04.005
Title 13 RCW: Juvenile Courts and Juvenile Offenders
this 1977 amendatory act shall take effect on July 1, 1978." [1977 ex.s. c
291 § 83.]
Severability—1977 ex.s. c 291: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 291 § 82.]
13.04.011 Definitions. For purposes of this title:
(1) "Adjudication" has the same meaning as "conviction" in RCW 9.94A.030, and the terms must be construed
identically and used interchangeably;
(2) Except as specifically provided in RCW 13.40.020
and chapter 13.24 RCW, "juvenile," "youth," and "child"
mean any individual who is under the chronological age of
eighteen years;
(3) "Juvenile offender" and "juvenile offense" have the
meaning ascribed in RCW 13.40.020;
(4) "Court" when used without further qualification
means the juvenile court judge(s) or commissioner(s);
(5) "Parent" or "parents," except as used in chapter
13.34 RCW, means that parent or parents who have the right
of legal custody of the child. "Parent" or "parents" as used
in chapter 13.34 RCW, means the biological or adoptive
parents of a child unless the legal rights of that person have
been terminated by judicial proceedings;
(6) "Custodian" means that person who has the legal
right to custody of the child. [1997 c 338 § 6; 1992 c 205
§ 119; 1979 c 155 § 1; 1977 ex.s. c 291 § 2.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Effective date—1979 c 155: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately [March 29, 1979]." [1979 c 155 § 89.]
Severability—1979 c 155: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 155 § 88.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.021 Juvenile court—How constituted—Cases
tried without jury. (1) The juvenile court shall be a
division of the superior court. In judicial districts having
more than one judge of the superior court, the judges of such
court shall annually assign one or more of their number to
the juvenile court division. In any judicial district having a
court commissioner, the court commissioner shall have the
power, authority, and jurisdiction, concurrent with a juvenile
court judge, to hear all cases under this chapter and to enter
judgment and make orders with the same power, force, and
effect as any judge of the juvenile court, subject to motion
or demand by any party within ten days from the entry of
the order or judgment by the court commissioner as provided
in RCW 2.24.050. In any judicial district having a family
law commissioner appointed pursuant to chapter 26.12 RCW,
the family law commissioner shall have the power, authority,
and jurisdiction, concurrent with a juvenile court judge, to
hear cases under Title 13 RCW and chapter 28A.225 RCW
as provided in RCW 26.12.010, and to enter judgment and
[Title 13 RCW—page 2]
make orders with the same power, force, and effect as any
judge of the juvenile court, subject to motion or demand by
any party within ten days from the entry of the order or
judgment by the court commissioner as provided in RCW
2.24.050.
(2) Cases in the juvenile court shall be tried without a
jury. [1999 c 397 § 5; 1994 sp.s. c 7 § 538; 1988 c 232 §
3; 1979 c 155 § 2; 1977 ex.s. c 291 § 3.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.030 Juvenile court—Exclusive original
jurisdiction. (1) Except as provided in this section, the
juvenile courts in this state shall have exclusive original
jurisdiction over all proceedings:
(a) Under the interstate compact on placement of
children as provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW
13.34.030 through *13.34.170;
(c) Relating to the termination of a parent and child
relationship as provided in RCW 13.34.180 through
13.34.210;
(d) To approve or disapprove out-of-home placement as
provided in RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have
committed offenses, traffic or civil infractions, or violations
as provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW
13.40.110;
(ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation
has expired;
(iii) The alleged offense or infraction is a traffic, fish,
boating, or game offense, or traffic or civil infraction
committed by a juvenile sixteen years of age or older and
would, if committed by an adult, be tried or heard in a court
of limited jurisdiction, in which instance the appropriate
court of limited jurisdiction shall have jurisdiction over the
alleged offense or infraction, and no guardian ad litem is
required in any such proceeding due to the juvenile’s age:
PROVIDED, That if such an alleged offense or infraction
and an alleged offense or infraction subject to juvenile court
jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection
does not constitute "transfer" or a "decline" for purposes of
RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED
FURTHER, That courts of limited jurisdiction which confine
juveniles for an alleged offense or infraction may place
juveniles in juvenile detention facilities under an agreement
with the officials responsible for the administration of the
juvenile detention facility in RCW 13.04.035 and 13.20.060;
(iv) The alleged offense is a traffic or civil infraction,
a violation of compulsory school attendance provisions under
chapter 28A.225 RCW, or a misdemeanor, and a court of
(2002 Ed.)
Basic Juvenile Court Act
limited jurisdiction has assumed concurrent jurisdiction over
those offenses as provided in RCW 13.04.0301; or
(v) The juvenile is sixteen or seventeen years old and
the alleged offense is:
(A) A serious violent offense as defined in RCW
9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and
the juvenile has a criminal history consisting of: (I) One or
more prior serious violent offenses; (II) two or more prior
violent offenses; or (III) three or more of any combination
of the following offenses: Any class A felony, any class B
felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the
juvenile’s thirteenth birthday and prosecuted separately;
(C) Robbery in the first degree, rape of a child in the
first degree, or drive-by shooting, committed on or after July
1, 1997;
(D) Burglary in the first degree committed on or after
July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or
(E) Any violent offense as defined in RCW 9.94A.030
committed on or after July 1, 1997, and the juvenile is
alleged to have been armed with a firearm.
In such a case the adult criminal court shall have
exclusive original jurisdiction.
If the juvenile challenges the state’s determination of the
juvenile’s criminal history under (e)(v) of this subsection, the
state may establish the offender’s criminal history by a
preponderance of the evidence. If the criminal history
consists of adjudications entered upon a plea of guilty, the
state shall not bear a burden of establishing the knowing and
voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement
under RCW 13.40.080, including a proceeding in which the
divertee has attained eighteen years of age;
(h) Relating to court validation of a voluntary consent
to an out-of-home placement under chapter 13.34 RCW, by
the parent or Indian custodian of an Indian child, except if
the parent or Indian custodian and child are residents of or
domiciled within the boundaries of a federally recognized
Indian reservation over which the tribe exercises exclusive
jurisdiction;
(i) Relating to petitions to compel disclosure of information filed by the department of social and health services
pursuant to RCW 74.13.042; and
(j) Relating to judicial determinations and permanency
planning hearings involving developmentally disabled
children who have been placed in out-of-home care pursuant
to a voluntary placement agreement between the child’s parent, guardian, or legal custodian and the department of social
and health services.
(2) The family court shall have concurrent original
jurisdiction with the juvenile court over all proceedings
under this section if the superior court judges of a county
authorize concurrent jurisdiction as provided in RCW
26.12.010.
(3) The juvenile court shall have concurrent original
jurisdiction with the family court over child custody proceedings under chapter 26.10 RCW as provided for in RCW
13.34.155.
(2002 Ed.)
13.04.030
(4) A juvenile subject to adult superior court jurisdiction
under subsection (1)(e)(i) through (v) of this section, who is
detained pending trial, may be detained in a detention facility
as defined in RCW 13.40.020 pending sentencing or a
dismissal. [2000 c 135 § 2. Prior: 1997 c 386 § 17; 1997
c 341 § 3; 1997 c 338 § 7; prior: 1995 c 312 § 39; 1995 c
311 § 15; 1994 sp.s. c 7 § 519; 1988 c 14 § 1; 1987 c 170
§ 1; 1985 c 354 § 29; 1984 c 272 § 1; 1981 c 299 § 1; 1980
c 128 § 6; 1979 c 155 § 3; 1977 ex.s. c 291 § 4; 1937 c 65
§ 1; 1929 c 176 § 1; 1921 c 135 § 1; 1913 c 160 § 2; RRS
§ 1987-2.]
*Reviser’s note: RCW 13.34.170 was recodified as RCW 13.34.161
pursuant to 2000 c 122 § 41.
Application—1997 c 386: See note following RCW 74.14D.010.
Finding—Intent—1997 c 341: See note following RCW 13.04.0301.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Short title—1995 c 312: See note following RCW 13.32A.010.
Application of 1994 sp.s. c 7 amendments: "Provisions governing
exceptions to juvenile court jurisdiction in the amendments to RCW
13.04.030 contained in section 519, chapter 7, Laws of 1994 sp. sess. shall
apply to serious violent and violent offenses committed on or after June 13,
1994. The criminal history which may result in loss of juvenile court
jurisdiction upon the alleged commission of a serious violent or violent
offense may have been acquired on, before, or after June 13, 1994." [1994
sp.s. c 7 § 540.]
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Savings—1988 c 14: "Any court validation of a voluntary consent to
relinquishment or adoption of an Indian child which was obtained in a
juvenile court or superior court pursuant to chapter 26.33 RCW after July
25, 1987, and before June 9, 1988, shall be valid and effective in all
respects." [1988 c 14 § 2.]
Severability—1987 c 170: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 170 § 15.]
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
Court commissioners: Chapter 2.24 RCW, state Constitution Art. 4 § 23.
Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment
65).
13.04.0301 Courts of limited jurisdiction—
Concurrent jurisdiction with the juvenile court—Pilot
project—Expiration. (1) Any county with a population of
at least two hundred thousand but less than three hundred
fifty thousand that is located east of the crest of the Cascades may authorize a pilot project to allow courts of limited
jurisdiction within the county to exercise concurrent jurisdiction with the juvenile court under certain circumstances.
District and municipal courts of limited jurisdiction at the
local option of the county or any city or town located within
the county may exercise concurrent original jurisdiction with
the juvenile court over traffic or civil infractions, violations
of compulsory school attendance provisions under chapter
[Title 13 RCW—page 3]
13.04.0301
Title 13 RCW: Juvenile Courts and Juvenile Offenders
28A.225 RCW, and misdemeanors, when those offenses are
allegedly committed by juveniles and:
(a)(i) The offense, if it were committed by an adult,
would be punishable by sanctions that do not include
incarceration; or
(ii) The offender’s standard range disposition does not
include a term of confinement as defined in RCW 13.40.020;
(b)(i) The court of limited jurisdiction has a computer
system that is linked to the statewide criminal history
information data system used by juvenile courts to track and
record juvenile offenders’ criminal history; and
(ii) All information, including but not limited to filing
charges, truancy petitions, and court dispositions, pertaining
to offenses over which district and municipal courts of
limited jurisdiction are exercising concurrent jurisdiction
shall be transmitted without delay to juvenile court for entry
into the appropriate court information system;
(c) The county legislative authority of the county has
authorized creation of concurrent jurisdiction between the
court of limited jurisdiction and the juvenile court; and
(d) The court of limited jurisdiction has an agreement
with officials responsible for administering the county
juvenile detention facility under RCW 13.04.035 and
13.20.060 that the court may order juveniles into the
detention facility for an offense in cases in which the court
finds that a disposition without confinement would be a
manifest injustice.
(2) The juvenile court shall retain jurisdiction over the
offense if the juvenile is charged with another offense arising
out of the same incident and the juvenile court has jurisdiction over the other offense.
(3) Jurisdiction under this section does not constitute a
decline or transfer of juvenile court jurisdiction under RCW
13.40.110.
(4) The procedural and disposition provisions of chapter
13.40 RCW apply to offenses prosecuted under this section.
(5) All diversions and adjudications entered by a court
of limited jurisdiction must be included in an offender’s
criminal history as provided in chapter 13.40 RCW.
(6) This section is to be implemented as a pilot project
in the county and the pilot project, together with the authority to exercise concurrent jurisdiction with the juvenile court,
expires June 30, 2002. [1997 c 341 § 2.]
Finding—Intent—1997 c 341: "The legislature finds that a swift and
certain response to a juvenile who begins engaging in acts of delinquency
may prevent the offender from becoming a chronic or more serious
offender. However, given pressing demands to address serious offenders,
the system does not always respond to minor offenders expeditiously and
effectively. Consequently, this act is adopted to implement an experiment
to determine whether granting courts of limited jurisdiction concurrent
jurisdiction over certain juvenile offenses will improve the system’s
effectiveness in curbing delinquency. The legislature may ascertain whether
this approach might be successful on a larger scale by conducting an
experiment with local governments, which are the laboratories of democracy." [1997 c 341 § 1.]
13.04.033 Appeal of court order—Procedure—
Priority, when. (1) Any person aggrieved by a final order
of the court may appeal the order as provided by this
section. All appeals in matters other than those related to
commission of a juvenile offense shall be taken in the same
manner as in other civil cases. Except as otherwise provided
in this title, all appeals in matters related to the commission
[Title 13 RCW—page 4]
of a juvenile offense shall be taken in the same manner as
criminal cases and the right to collateral relief shall be the
same as in criminal cases. The order of the juvenile court
shall stand pending the disposition of the appeal: PROVIDED, That the court or the appellate court may upon application stay the order.
(2) If the final order from which an appeal is taken
grants the custody of the child to, or withholds it from, any
of the parties, or if the child is committed as provided under
this chapter, the appeal shall be given priority in hearing.
(3) In the absence of a specific direction from the party
seeking review to file the notice, or the court-appointed
guardian ad litem, the court may dismiss the review pursuant
to RAP 18.9. To the extent that this enactment [1990 c 284]
conflicts with the requirements of RAP 5.3(a) or RAP 5.3(b)
this enactment [1990 c 284] shall supersede the conflicting
rule. [1990 c 284 § 35; 1979 c 155 § 4; 1977 ex.s. c 291 §
5.]
Rules of court: Rules of Appellate Procedure.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.035 Administrator of juvenile court, probation counselor, and detention services—Appointment.
Juvenile court shall be administered by the superior court,
except that by local court rule and agreement with the legislative authority of the county this service may be administered by the legislative authority of the county. Juvenile
probation counselor and detention services shall be administered by the superior court, except that (1) by local court
rule and agreement with the county legislative authority,
these services may be administered by the county legislative
authority; (2) if a consortium of three or more counties,
located east of the Cascade mountains and whose combined
population exceeds five hundred thirty thousand, jointly
operates a juvenile correctional facility, the county legislative
authorities may prescribe for alternative administration of the
juvenile correctional facility by ordinance; and (3) in any
county with a population of one million or more, probation
and detention services shall be administered in accordance
with chapter 13.20 RCW. The administrative body shall
appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for dayto-day administration of such services, and who may also
serve in the capacity of a probation counselor. One person
may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one
juvenile court. [1996 c 284 § 1; 1991 c 363 § 10; 1979 c
155 § 5; 1977 ex.s. c 291 § 6.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
Prosecuting attorney as party to juvenile court proceedings—Exception,
procedure: RCW 13.40.090.
(2002 Ed.)
Basic Juvenile Court Act
13.04.037 Administrator—Adoption of standards
for detention facilities for juveniles—Revision and
inspection. The administrator shall after consultation with
the state planning agency established under Title II of the
federal juvenile justice and delinquency prevention act of
1974 (P.L. No. 93-415; 42 U.S.C. 5611 et seq.) following a
public hearing, and after approval of the body responsible
for administering the juvenile court, and no later than one
hundred eighty days after the effective date of chapter 291,
Laws of 1977 ex. sess., adopt standards for the regulation
and government of detention facilities for juveniles. Such
standards may be revised from time to time, according to the
procedure outlined in this section. Each detention facility
shall keep a copy of such standards available for inspection
at all times. Such standards shall be reviewed and the
detention facilities shall be inspected annually by the
administrator. [1977 ex.s. c 291 § 7.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.040 Administrator—Appointment of probation counselors and persons in charge of detention
facilities—Powers and duties, compensation—Collection
of fines. The administrator shall, in any county or judicial
district in the state, appoint or designate one or more persons
of good character to serve as probation counselors during the
pleasure of the administrator. The probation counselor shall:
(1) Receive and examine referrals to the juvenile court
for the purpose of considering the filing of a petition or
information pursuant to chapter 13.32A or 13.34 RCW or
RCW 13.40.070;
(2) Make recommendations to the court regarding the
need for continued detention or shelter care of a child unless
otherwise provided in this title;
(3) Arrange and supervise diversion agreements as
provided in RCW 13.40.080, and ensure that the requirements of such agreements are met except as otherwise
provided in this title;
(4) Prepare predisposition studies as required in RCW
*13.34.120 and 13.40.130, and be present at the disposition
hearing to respond to questions regarding the predisposition
study: PROVIDED, That such duties shall be performed by
the department for cases relating to dependency or to the
termination of a parent and child relationship which is filed
by the department unless otherwise ordered by the court; and
(5) Supervise court orders of disposition to ensure that
all requirements of the order are met.
All probation counselors shall possess all the powers
conferred upon sheriffs and police officers to serve process
and make arrests of juveniles under their supervision for the
violation of any state law or county or city ordinance.
The administrator may, in any county or judicial district
in the state, appoint one or more persons who shall have
charge of detention rooms or houses of detention.
The probation counselors and persons appointed to have
charge of detention facilities shall each receive compensation
which shall be fixed by the legislative authority of the
county, or in cases of joint counties, judicial districts of
more than one county, or joint judicial districts such sums as
shall be agreed upon by the legislative authorities of the
counties affected, and such persons shall be paid as other
county officers are paid.
(2002 Ed.)
13.04.037
The administrator is hereby authorized, and to the extent
possible is encouraged to, contract with private agencies
existing within the community for the provision of services
to youthful offenders and youth who have entered into
diversion agreements pursuant to RCW 13.40.080.
The administrator shall establish procedures for the
collection of fines assessed under **RCW 13.40.080 (2)(d)
and (13) and for the payment of the fines into the county
general fund. [1995 c 312 § 40; 1983 c 191 § 14; 1979 c
155 § 6; 1977 ex.s. c 291 § 8; 1959 c 331 § 9; 1951 c 270
§ 1; 1921 c 43 § 1; 1913 c 160 § 3; RRS § 1987-3.]
Reviser’s note: *(1) RCW 13.34.120 was amended by 2000 c 122
§ 13, removing the requirement for a predisposition study.
**(2) RCW 13.40.080 was amended by 2002 c 237 § 8, changing
subsection (13) to subsection (14).
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.043 Administrator—Obtaining interpreters.
The administrator of juvenile court shall obtain interpreters
as needed consistent with the intent and practice of chapter
2.43 RCW, to enable non-English speaking youth and their
families to participate in detention, probation, or court
proceedings and programs. [1993 c 415 § 6.]
Intent—1993 c 415: See note following RCW 2.56.031.
13.04.047 Administrator or staff—Health and
dental examination and care—Consent. (1) The administrator of the juvenile court or authorized staff may consent
as provided in this section to the provision of health and
dental examinations and care, and necessary treatment for
medical and dental conditions requiring prompt attention, for
juveniles lawfully detained at or sentenced to a detention
facility. The treatment may include treatment provided at
medical or dental facilities outside the juvenile detention
facility and treatment provided within the juvenile detention
facility for the period of time the youth is in the custody of
the facility. Juveniles shall not be transported for treatment
outside the facility if treatment services are available within
the facility.
(2) The examination, care, and treatment may be
provided without parental consent when prompt attention is
required if the administrator of the juvenile court or authorized staff have been unable to secure permission for
treatment from the parent or parents, guardian, or other
person having custody of the child after reasonable attempts
to do so before the provision of the medical and dental
services.
(3) Treatment shall not be authorized for juveniles
whose parent or parents, guardian, or other person having
custody of the child informs the administrator of the juvenile
court of objections to the treatment before the treatment is
provided except where *RCW 69.54.060 applies. [1983 c
267 § 2.]
*Reviser’s note: RCW 69.54.060 was repealed by 1989 c 270 § 35.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
[Title 13 RCW—page 5]
13.04.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.04.050 Expenses of probation officers. The
probation officers, and assistant probation officers, and
deputy probation officers in all counties of the state shall be
allowed such necessary incidental expenses as may be
authorized by the judge of the juvenile court, and the same
shall be a charge upon the county in which the court appointing them has jurisdiction, and the expenses shall be paid
out of the county treasury upon a written order of the judge
of the juvenile court of said county directing the county
auditor to draw his warrant upon the county treasurer for the
specified amount of such expenses. [1913 c 160 § 4; RRS
§ 1987-4.]
13.04.093 Hearings—Duties of prosecuting attorney
or attorney general. It shall be the duty of the prosecuting
attorney to act in proceedings relating to the commission of
a juvenile offense as provided in RCW 13.40.070 and
13.40.090 and in proceedings as provided in chapter 71.34
RCW. It shall be the duty of the prosecuting attorney to
handle delinquency cases under chapter 13.24 RCW and it
shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of
the attorney general in contested cases brought by the
department to present the evidence supporting any petition
alleging dependency or seeking the termination of a parent
and child relationship or any contested case filed under
RCW 26.33.100 or approving or disapproving out-of-home
placement: PROVIDED, That in each county with a
population of less than two hundred ten thousand, the
attorney general may contract with the prosecuting attorney
of the county to perform the duties of the attorney general
under this section. [1995 c 312 § 41; 1991 c 363 § 11; 1985
c 354 § 30; 1985 c 7 § 4; 1979 ex.s. c 165 § 6; 1977 ex.s.
c 291 § 9.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.04.116 Juvenile not to be confined in jail or
holding facility for adults, exceptions—Enforcement. (1)
A juvenile shall not be confined in a jail or holding facility
for adults, except:
(a) For a period not exceeding twenty-four hours
excluding weekends and holidays and only for the purpose
of an initial court appearance in a county where no juvenile
detention facility is available, a juvenile may be held in an
adult facility provided that the confinement is separate from
the sight and sound of adult inmates; or
(b) For not more than six hours and pursuant to a lawful
detention in the course of an investigation, a juvenile may be
held in an adult facility provided that the confinement is
separate from the sight and sound of adult inmates.
(2) For purposes of this section a juvenile is an individual under the chronological age of eighteen years who has
not been transferred previously to adult courts.
(3) The department of social and health services shall
monitor and enforce compliance with this section.
[Title 13 RCW—page 6]
(4) This section shall not be construed to expand or
limit the authority to lawfully detain juveniles. [1987 c 462
§ 1; 1985 c 50 § 1.]
Effective dates—1987 c 462: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions. Sections 15 and
21 of this act shall take effect immediately. Sections 1 through 11 and
sections 16, 17, 22 and 23 of this act shall take effect January 1, 1988."
[1987 c 462 § 24.]
Places of detention: Chapter 13.16 RCW.
Transfer of juvenile to department of corrections facility: RCW 13.40.280.
13.04.135 Establishment of house or room of
detention. Counties containing more than fifty thousand
inhabitants shall, and counties containing a lesser number of
inhabitants may, provide and maintain at public expense, a
detention room or house of detention, separated or removed
from any jail, or police station, to be in charge of a matron,
or other person of good character, wherein all children
within the provisions of this chapter shall, when necessary,
be sheltered. [1983 c 98 § 2; 1945 c 121 § 1; 1913 c 160
§ 13; Rem. Supp. 1945 1987-13. Formerly RCW
13.16.010.]
Detention in facility under jurisdiction of juvenile court—Financial
responsibility for cost of detention: RCW 13.34.161, 13.16.085.
13.04.145 Educational program for juveniles in
detention facilities. A program of education shall be
provided for by the several counties and school districts of
the state for common school age persons confined in each of
the detention facilities staffed and maintained by the several
counties of the state under this chapter and chapters 13.16
and 13.20 RCW. The division of duties, authority, and
liabilities of the several counties and school districts of the
state respecting the educational programs is the same in all
respects as set forth in RCW 28A.190.030 through
28A.190.060 respecting programs of education for state
residential school residents. For the purposes of this section,
the terms "department of social and health services," "residential school" or "schools," and "superintendent or chief
administrator of a residential school" as used in RCW
28A.190.030 through 28A.190.060 shall be respectively
construed to mean "the several counties of the state,"
"detention facilities," and "the administrator of juvenile court
detention services." Nothing in this section shall prohibit a
school district from utilizing the services of an educational
service district subject to RCW 28A.310.180. [1990 c 33 §
551; 1983 c 98 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Juvenile facilities, educational programs: RCW 28A.190.010.
13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement—Provision of
information to teachers and other personnel—
Confidentiality. (1) Whenever a minor enrolled in any
common school is convicted in adult criminal court, or
adjudicated or entered into a diversion agreement with the
juvenile court on any of the following offenses, the court
must notify the principal of the student’s school of the
disposition of the case, after first notifying the parent or
legal guardian that such notification will be made:
(2002 Ed.)
Basic Juvenile Court Act
(a) A violent offense as defined in RCW 9.94A.030;
(b) A sex offense as defined in RCW 9.94A.030;
(c) Inhaling toxic fumes under chapter 9.47A RCW;
(d) A controlled substances violation under chapter
69.50 RCW;
(e) A liquor violation under RCW 66.44.270; and
(f) Any crime under chapters 9.41, 9A.36, 9A.40,
9A.46, and 9A.48 RCW.
(2) The principal must provide the information received
under subsection (1) of this section to every teacher of any
student who qualifies under subsection (1) of this section and
any other personnel who, in the judgment of the principal,
supervises the student or for security purposes should be
aware of the student’s record. The principal must provide
the information to teachers and other personnel based on any
written records that the principal maintains or receives from
a juvenile court administrator or a law enforcement agency
regarding the student.
(3) Any information received by a principal or school
personnel under this section is confidential and may not be
further disseminated except as provided in RCW
28A.225.330, other statutes or case law, and the family and
educational and privacy rights act of 1994, 20 U.S.C. Sec.
1232g et seq. [2000 c 27 § 1; 1997 c 266 § 7.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
13.04.160 Fees not allowed. No fees shall be charged
or collected by any officer or other person for filing petition,
serving summons, or other process under this chapter. [1913
c 160 § 16; RRS § 1987-16.]
13.04.155
13.04.240 Court order not deemed conviction of
crime. An order of court adjudging a child delinquent or
dependent under the provisions of this chapter shall in no
case be deemed a conviction of crime. [1961 c 302 § 16.
Prior: 1913 c 160 § 10, part; RCW 13.04.090, part.]
13.04.300 Juvenile may be both dependent and an
offender. Nothing in chapter 13.04, 13.06, 13.32A, 13.34,
or 13.40 RCW may be construed to prevent a juvenile from
being found both dependent and an offender if there exists
a factual basis for such a finding. [1983 c 3 § 15; 1979 c
155 § 14.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.04.450 Chapters 13.04 and 13.40 RCW as
exclusive authority for adjudication and disposition of
juvenile offenders—Chapter 10.22 RCW does not apply
to proceedings under chapter 13.40 RCW. The provisions
of chapters 13.04 and 13.40 RCW, as now or hereafter
amended, shall be the exclusive authority for the adjudication
and disposition of juvenile offenders except where otherwise
expressly provided. Chapter 10.22 RCW does not apply to
juvenile offender proceedings, including diversion, under
chapter 13.40 RCW. [1985 c 257 § 5; 1981 c 299 § 20.]
Severability—1985 c 257: See note following RCW 13.34.165.
Chapter 13.06
JUVENILE OFFENDERS—CONSOLIDATED
JUVENILE SERVICES PROGRAMS
(Formerly: Probation services—Special supervision programs)
13.04.180 Board of visitation. In each county, the
judge presiding over the juvenile court sessions, as defined
in this chapter, may appoint a board of four reputable
citizens, who shall serve without compensation, to constitute
a board of visitation, whose duty it shall be to visit as often
as twice a year all institutions, societies and associations
within the county receiving children under this chapter, as
well as all homes for children or other places where individuals are holding themselves out as caretakers of children,
also to visit other institutions, societies and associations
within the state receiving and caring for children, whenever
requested to do so by the judge of the juvenile court:
PROVIDED, The actual expenses of such board may be paid
by the county commissioners when members thereof are
requested to visit institutions outside of the county seat, and
no member of the board shall be required to visit any
institutions outside the county unless his actual traveling
expenses shall be paid as aforesaid. Such visits shall be
made by not less than two members of the board, who shall
go together or make a joint report. The board of visitors
shall report to the court from time to time the condition of
children received by or in charge of such institutions,
societies, associations, or individuals. It shall be the duty of
every institution, society, or association, or individual
receiving and caring for children to permit any member or
members of the board of visitation to visit and inspect such
institution, society, association or home where such child is
kept, in all its departments, so that a full report may be made
to the court. [1913 c 160 § 18; RRS § 1987-18.]
(2002 Ed.)
Sections
13.06.010
13.06.020
13.06.030
13.06.040
13.06.050
Intention.
State to share in cost.
Rules—Standards—"Consolidated juvenile services" defined.
Application by county or counties for state financial aid.
Conditions for receiving state funds—Criteria for distribution of funds—Annual report on programs to reduce
racial disproportionality.
13.06.055 Housing authorities law—Group homes or halfway houses
for released juveniles or developmentally disabled.
Juvenile may be both dependent and an offender: RCW 13.04.300.
13.06.010 Intention. It is the intention of the legislature in enacting this chapter to increase the protection
afforded the citizens of this state, to require community
planning, to provide necessary services and supervision for
juvenile offenders in the community when appropriate, to
reduce reliance on state-operated correctional institutions for
offenders whose standard range disposition does not include
commitment of the offender to the department, and to
encourage the community to efficiently and effectively
provide community services to juvenile offenders through
consolidation of service delivery systems. [1983 c 191 § 1;
1969 ex.s. c 165 § 1.]
Effective date—1969 ex.s. c 165: "This act shall become effective
on July 1, 1969." [1969 ex.s. c 165 § 7.]
13.06.020 State to share in cost. From any state
moneys made available for such purpose, the state of
Washington, through the department of social and health
[Title 13 RCW—page 7]
13.06.020
Title 13 RCW: Juvenile Courts and Juvenile Offenders
services, shall, in accordance with this chapter and applicable
departmental rules, share in the cost of providing services to
juveniles. [1983 c 191 § 2; 1979 c 141 § 13; 1969 ex.s. c
165 § 2.]
13.06.030 Rules—Standards—"Consolidated
juvenile services" defined. The department of social and
health services shall adopt rules prescribing minimum
standards for the operation of consolidated juvenile services
programs for juvenile offenders and such other rules as may
be necessary for the administration of the provisions of this
chapter. Consolidated juvenile services is a mechanism
through which the department of social and health services
supports local county comprehensive program plans in
providing services to offender groups. Standards shall be
sufficiently flexible to support current programs which have
demonstrated effectiveness and efficiency, to foster development of innovative and improved services for juvenile
offenders, to permit direct contracting with private vendors,
and to encourage community support for and assistance to
local programs. The secretary of social and health services
shall seek advice from appropriate juvenile justice system
participants in developing standards and procedures for the
operation of consolidated juvenile services programs and the
distribution of funds under this chapter. [1983 c 191 § 3;
1979 c 141 § 14; 1969 ex.s. c 165 § 3.]
13.06.040 Application by county or counties for
state financial aid. Any county or group of counties may
make application to the department of social and health
services in the manner and form prescribed by the department for financial aid for the cost of consolidated juvenile
services programs. Any such application must include a
plan or plans for providing consolidated services to juvenile
offenders in accordance with standards of the department.
[1983 c 191 § 4; 1979 c 141 § 15; 1969 ex.s. c 165 § 4.]
13.06.050 Conditions for receiving state funds—
Criteria for distribution of funds—Annual report on
programs to reduce racial disproportionality. No county
shall be entitled to receive any state funds provided by this
chapter until its application and plan are approved, and
unless and until the minimum standards prescribed by the
department of social and health services are complied with
and then only on such terms as are set forth in this section.
In addition, any county making application for state funds
under this chapter that also operates a juvenile detention facility must have standards of operations in place that include:
Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and
control, sanitation and hygiene, juvenile rights, rules and
discipline, property, juvenile records, safety and emergency
procedures, programming, release and transfer, training and
staff development, and food service.
(1) The distribution of funds to a county or a group of
counties shall be based on criteria including but not limited
to the county’s per capita income, regional or county at-risk
populations, juvenile crime or arrest rates, rates of poverty,
size of racial minority populations, existing programs, and
the effectiveness and efficiency of consolidating local
programs towards reducing commitments to state correctional
[Title 13 RCW—page 8]
facilities for offenders whose standard range disposition does
not include commitment of the offender to the department
and reducing reliance on other traditional departmental
services.
(2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions
of this chapter based on actual performance in meeting the
terms and conditions of the approved plan and contract.
Funds received by participating counties under this chapter
shall not be used to replace local funds for existing programs.
(3) The secretary, in conjunction with the human rights
commission, shall evaluate the effectiveness of programs
funded under this chapter in reducing racial
disproportionality. The secretary shall investigate whether
implementation of such programs has reduced
disproportionality in counties with initially high levels of
disproportionality. The analysis shall indicate which
programs are cost-effective in reducing disproportionality in
such areas as alternatives to detention, intake and risk
assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication
of juveniles. The secretary shall report his or her findings
to the legislature by December 1, 1994, and December 1 of
each year thereafter. [1993 c 415 § 7; 1983 c 191 § 5; 1979
c 151 § 9; 1977 ex.s. c 307 § 1; 1973 1st ex.s. c 198 § 1;
1971 ex.s. c 165 § 1; 1969 ex.s. c 165 § 5.]
Intent—1993 c 415: See note following RCW 2.56.031.
Effective date—1977 ex.s. c 307: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 307 § 3.]
Effective date—1973 1st ex.s. c 198: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 198 § 3.]
13.06.055 Housing authorities law—Group homes
or halfway houses for released juveniles or developmentally disabled. See RCW 35.82.285.
Chapter 13.16
PLACES OF DETENTION
Sections
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.080
13.16.085
13.16.090
Establishment of house or room of detention.
Lack of detention facilities constitutes emergency.
Mandatory function of counties.
Counties authorized to acquire facilities and employ adequate staffs.
Federal or state aid.
Statutory debt limits may be exceeded.
Bonds may be issued without vote of electors.
Allocation of budgeted funds.
Financial responsibility for cost of detention.
Juvenile not to be confined in jail or holding facility for
adults, exceptions—Enforcement.
Motion pictures.
13.16.100
Child
welfare agencies: Chapter 74.15 RCW.
welfare services: Chapter 74.13 RCW.
County juvenile detention facilities—Policy—Detention and risk assessment
standards: RCW 13.40.038.
Employment of dental hygienist without supervision of a dentist authorized:
RCW 18.29.056.
(2002 Ed.)
Places of Detention
13.16.010 Establishment of house or room of
detention. See RCW 13.04.135.
13.16.020 Lack of detention facilities constitutes
emergency. The attention of the legislature having been
called to the absence of juvenile detention facilities in the
various counties of the state, the legislature hereby declares
that this situation constitutes an emergency demanding the
invocation by the several counties affected of the emergency
powers granted by virtue of RCW 36.40.140 through
36.40.200. [1945 c 188 § 1; Rem. Supp. 1945 § 2004-1.]
13.16.030 Mandatory function of counties. The
construction, acquisition and maintenance of juvenile
detention facilities for dependent, wayward and delinquent
children, separate and apart from the detention facilities for
adults, is hereby declared to be a mandatory function of the
several counties of the state. [1945 c 188 § 2; Rem. Supp.
1945 § 2004-2.]
13.16.040 Counties authorized to acquire facilities
and employ adequate staffs. Boards of county commissioners in the various counties now suffering from a lack of
adequate detention facilities for dependent, delinquent and
wayward children shall, in the manner provided by law,
declare an emergency and appropriate, in the manner
provided by law, sufficient funds to meet all demands for
adequate care of dependent, delinquent and wayward
children. All appropriations made under the provisions of
RCW 13.16.020 through 13.16.080 are to be used exclusively for the acquisition, purchase, construction or leasing of
real and personal property and the employment and payment
of salaries for an adequate staff of juvenile officers and
necessary clerical staff and assistants and for furnishing
suitable food, clothing and recreational facilities for dependent, delinquent and wayward children. [1945 c 188 § 3;
Rem. Supp. 1945 § 2004-3.]
13.16.050 Federal or state aid. In connection with
the financing of facilities and the employment of a staff of
juvenile officers for dependent, delinquent and wayward
children, the various boards of county commissioners
affected shall attempt to secure such advances, loans, grants
in aid, donations as gifts as may be secured from the federal
government or any of its agencies or from the state government or from other public or private institutions or individuals. [1945 c 188 § 4; Rem. Supp. 1945 § 2004-4.]
13.16.060 Statutory debt limits may be exceeded.
Appropriations made under authority and by virtue of RCW
13.16.020 through 13.16.080 and debts incurred by any
county in carrying out the provisions of RCW 13.16.020
through 13.16.080 may exceed all statutory limitations
otherwise applicable and limiting the debt any county may
incur. [1945 c 188 § 5; Rem. Supp. 1945 § 2004-5.]
13.16.010
for financing the program authorized by RCW 13.16.020
through 13.16.080 and may fund any and all debts incurred
by the issuance of general obligation bonds of the county in
the manner provided by law, without submitting the same to
a vote of the people. [1945 c 188 § 6; Rem. Supp. 1945 §
2004-6.]
13.16.080 Allocation of budgeted funds. In order to
carry out the provisions of RCW 13.16.020 through
13.16.080 the board of county commissioners is hereby
authorized, any law to the contrary notwithstanding, to
allocate any funds that may be available in any item or class
of the budget as presently constituted to the fund to be used
to carry out the provisions of RCW 13.16.020 through
13.16.080. [1945 c 188 § 7; Rem. Supp. 1945 § 2004-7.]
13.16.085 Financial responsibility for cost of
detention. In any case in which a child under eighteen
years of age has been placed in any detention facility under
the jurisdiction of the juvenile court, the court may inquire
into the facts concerning the necessity or propriety of such
child’s detention notwithstanding the fact that such child
may not have been found to be either a dependent or a
delinquent child.
The court may, either in the proceedings involving the
question of dependency or delinquency of such child or in a
separate proceeding, upon the parent or parents, guardian, or
other person having custody of said child being duly
summoned or voluntarily appearing, proceed to inquire into
the necessity or propriety of such detention and into the
ability of such person or persons to pay the cost of such
detention.
If the court finds that such detention was necessary or
proper for the welfare of the child or for the protection of
the community, and if the court also finds the parent or
parents, guardian, or other person having the custody of such
child able to pay or contribute to the payment of the cost of
such detention, the court may enter such order or decree as
shall be equitable in the premises, and may enforce the same
by execution or in any way a court of equity may enforce its
decrees. [1955 c 369 § 1.]
Basic juvenile court act: Chapter 13.04 RCW.
13.16.090 Juvenile not to be confined in jail or
holding facility for adults, exceptions—Enforcement. See
RCW 13.04.116.
13.16.100 Motion pictures. Motion pictures unrated
after November 1968 or rated R, X, or NC-17 by the motion
picture association of America shall not be shown in juvenile
detention facilities or facilities operated by the division of
juvenile rehabilitation in the department of social and health
services. [1994 sp.s. c 7 § 807.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.16.070 Bonds may be issued without vote of
electors. In order to carry out the provisions of RCW
13.16.020 through 13.16.080 the several counties affected
shall utilize any and all methods available to them by law
(2002 Ed.)
[Title 13 RCW—page 9]
Chapter 13.20
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Chapter 13.20
MANAGEMENT OF DETENTION FACILITIES—
COUNTIES WITH POPULATIONS OF ONE
MILLION OR MORE
(Formerly: Management of detention facilities—
Class AA counties)
Sections
13.20.010
13.20.020
13.20.030
13.20.040
13.20.050
13.20.060
Board of managers—Appointment authorized—Composition.
Terms of office—Removal—Vacancies.
Chairman—Quorum—Organization—Rules of procedure.
Powers and duties of board.
Compensation of members.
Transfer of administration of juvenile court services to county executive—Authorized—Advisory board—Procedure.
Employment of dental hygienist without supervision of a dentist authorized:
RCW 18.29.056.
Places of detention: Chapter 13.16 RCW.
Places of detention—Basic juvenile court act: Chapter 13.04 RCW.
13.20.010 Board of managers—Appointment
authorized—Composition. The judges of the superior court
of any county with a population of one million or more are
hereby authorized, by majority vote, to appoint a board of
managers to administer, subject to the approval and authority
of such superior court, the probation and detention services
for dependent and delinquent children coming under the
jurisdiction of the juvenile court.
Such board shall consist of four citizens of the county
and the judge who has been selected to preside over the
juvenile court. [1991 c 363 § 12; 1955 c 232 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
13.20.020 Terms of office—Removal—Vacancies.
The nonjudicial members of the board first appointed shall
be appointed for the respective terms of one, two, three, and
four years and until their successors are appointed and qualified; and thereafter their successors shall be appointed for
terms of four years and until their successors are appointed
and qualified.
Any such member of the board may be removed at any
time by majority vote of the judges of the superior court.
Vacancies on the board may be filled at any time by
majority vote of said judges, and such appointee shall hold
office for the remainder of the term of the member in whose
stead he was appointed. [1955 c 232 § 2.]
13.20.030 Chairman—Quorum—Organization—
Rules of procedure. The judicial member of the board shall
be the chairman thereof; a majority thereof shall constitute
a quorum for the transaction of business; and the board shall
have authority to organize itself in such manner and to
establish such rules of procedure as it deems proper for the
performance of its duties. [1955 c 232 § 3.]
13.20.040 Powers and duties of board. The juvenile
court board of managers shall:
(1) Have general supervision and care of all physical
structures and grounds connected with the rendition of
probation and detention services and power to do everything
[Title 13 RCW—page 10]
necessary to the proper maintenance thereof within the limits
of the appropriations authorized.
(2) Subject to the approval and authority of said
superior court, the board of managers shall have authority
and power to determine the type and extent of probation and
detention services to be conducted in connection with the
juvenile court, and authority over all matters concerning
employment, job classifications, salary scales, qualifications,
and number of personnel necessarily involved in the rendition of probation and detention services.
(3) Prepare, in accordance with the provisions of the
county budget law, and file with the county auditor a
detailed and itemized estimate, both of probable revenues
from sources other than taxation and of all expenditures
required for the rendition of the services under the jurisdiction of said board.
(4) Prepare and file with the superior court on July 1st
of each year, and at such other times and in such form as the
court shall require, a report of its operations. [1955 c 232 §
4.]
13.20.050 Compensation of members. No member
of the board shall receive any compensation or emolument
whatever for services as such board member. [1955 c 232
§ 5.]
13.20.060 Transfer of administration of juvenile
court services to county executive—Authorized—
Advisory board—Procedure. In addition, and alternatively,
to the authority granted by RCW 13.20.010, the judges of
the superior court of any county with a population of one
million or more operating under a county charter providing
for an elected county executive are hereby authorized, by a
majority vote, subject to approval by ordinance of the
legislative authority of the county to transfer to the county
executive the responsibility for, and administration of all or
part of juvenile court services, including detention, intake
and probation. The superior court and county executive of
such county are further authorized to establish a five-member
juvenile court advisory board to advise the county in its
administration of such services, facilities and programs. If
the advisory board is established, two members of the
advisory board shall be appointed by the superior court, two
members shall be appointed by the county executive, and
one member shall be selected by the vote of the other four
members. The county is authorized to contract or otherwise
make arrangements with other public or private agencies to
provide all or a part of such services, facilities and programs.
Subsequent to any transfer to the county of responsibility
and administration of such services, facilities and programs
pursuant to the foregoing authority, the judges of such
superior court, by majority vote subject to the approval by
ordinance of the legislative authority of the county, may
retransfer the same to the superior court. [1991 c 363 § 13;
1975 1st ex.s. c 124 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
(2002 Ed.)
Interstate Compact on Juveniles
Chapter 13.24
INTERSTATE COMPACT ON JUVENILES
Sections
13.24.010
13.24.020
13.24.030
13.24.035
13.24.040
13.24.050
13.24.060
13.24.900
Execution of compact.
Juvenile compact administrator.
Supplementary agreements.
Governor authorized and directed to execute supplementary
compact—Contents.
Financial arrangements.
Fees.
Responsibilities of state departments, agencies and officers.
Short title.
13.24.010 Execution of compact. The governor is
hereby authorized and directed to execute a compact on
behalf of this state with any other state or states legally
joining therein in the form substantially as follows:
INTERSTATE COMPACT ON JUVENILES
The contracting states solemnly agree:
ARTICLE I—Findings and Purposes
That juveniles who are not under proper supervision and
control, or who have absconded, escaped or run away, are
likely to endanger their own health, morals and welfare, and
the health, morals and welfare of others. The cooperation of
the states party to this compact is therefore necessary to
provide for the welfare and protection of juveniles and of the
public with respect to:
(1) Cooperative supervision of delinquent juveniles on
probation or parole;
(2) The return, from one state to another, of delinquent
juveniles who have escaped or absconded;
(3) The return, from one state to another, of nondelinquent juveniles who have run away from home; and
(4) Additional measures for the protection of juveniles
and of the public, which any two or more of the party states
may find desirable to undertake cooperatively. In carrying
out the provisions of this compact the party states shall be
guided by the noncriminal, reformative and protective
policies which guide their laws concerning delinquent,
neglected or dependent juveniles generally. It shall be the
policy of the states party to this compact to cooperate and
observe their respective responsibilities for the prompt return
and acceptance of juveniles and delinquent juveniles who
become subject to the provisions of this compact. The
provisions of this compact shall be reasonably and liberally
construed to accomplish the foregoing purposes.
ARTICLE II—Existing Rights and Remedies
That all remedies and procedures provided by this
compact shall be in addition to and not in substitution for
other rights, remedies and procedures, and shall not be in
derogation of parental rights and responsibilities.
ARTICLE III—Definitions
That, for the purposes of this compact, "delinquent
juvenile" means any juvenile who has been adjudged
delinquent and who, at the time the provisions of this
compact are invoked, is still subject to the jurisdiction of the
court that has made such adjudication or to the jurisdiction
or supervision of an agency or institution pursuant to an
(2002 Ed.)
Chapter 13.24
order of such court; "probation or parole" means any kind of
conditional release of juveniles authorized under the laws of
the states party hereto; "court" means any court having
jurisdiction over delinquent, neglected or dependent children;
"state" means any state, territory or possession of the United
States, the District of Columbia, and the Commonwealth of
Puerto Rico; and "residence" or any variant thereof means a
place at which a home or regular place of abode is maintained.
ARTICLE IV—Return of Runaways
(a) That the parent, guardian, person or agency entitled
to legal custody of a juvenile who has not been adjudged
delinquent but who has run away without the consent of
such parent, guardian, person or agency may petition the
appropriate court in the demanding state for the issuance of
a requisition for his return. The petition shall state the name
and age of the juvenile, the name of the petitioner and the
basis of entitlement to the juvenile’s custody, the circumstances of his running away, his location if known at the
time application is made, and such other facts as may tend
to show that the juvenile who has run away is endangering
his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by
two certified copies of the document or documents on which
the petitioner’s entitlement to the juvenile’s custody is based,
such as birth certificates, letters of guardianship, or custody
decrees. Such further affidavits and other documents as may
be deemed proper may be submitted with such petition. The
judge of the court to which this application is made may
hold a hearing thereon to determine whether for the purposes
of this compact the petitioner is entitled to the legal custody
of the juvenile, whether or not it appears that the juvenile
has in fact run away without consent, whether or not he is
an emancipated minor, and whether or not it is in the best
interest of the juvenile to compel his return to the state. If
the judge determines, either with or without a hearing, that
the juvenile should be returned, he shall present to the
appropriate court or to the executive authority of the state
where the juvenile is alleged to be located, a written requisition for the return of such juvenile. Such requisition shall
set forth the name and age of the juvenile, the determination
of the court that the juvenile has run away without the
consent of a parent, guardian, person or agency entitled to
his legal custody, and that it is in the best interest and for
the protection of such juvenile that he be returned. In the
event that a proceeding for the adjudication of the juvenile
as a delinquent, neglected or dependent juvenile is pending
in the court at the time when such juvenile runs away, the
court may issue a requisition for the return of such juvenile
upon its own motion, regardless of the consent of the parent,
guardian, person or agency entitled to legal custody, reciting
therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in
duplicate and shall be signed by the judge. One copy of the
requisition shall be filed with the compact administrator of
the demanding state, there to remain on file subject to the
provisions of law governing records of such court. Upon the
receipt of a requisition demanding the return of a juvenile
who has run away, the court or the executive authority to
whom the requisition is addressed shall issue an order to any
[Title 13 RCW—page 11]
13.24.010
Title 13 RCW: Juvenile Courts and Juvenile Offenders
peace officer or other appropriate person directing him to
take into custody and detain such juvenile. Such detention
order must substantially recite the facts necessary to the
validity of its issuance hereunder. No juvenile detained upon
such order shall be delivered over to the officer whom the
court demanding him shall have appointed to receive him,
unless he shall first be taken forthwith before a judge of a
court in the state, who shall inform him of the demand made
for his return, and who may appoint counsel or guardian ad
litem for him. If the judge of such court shall find that the
requisition is in order, he shall deliver such juvenile over to
the officer whom the court demanding him shall have
appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the
legality of the proceeding.
Upon reasonable information that a person is a juvenile
who has run away from another state party to this compact
without the consent of a parent, guardian, person or agency
entitled to his legal custody, such juvenile may be taken into
custody without a requisition and brought forthwith before
a judge of the appropriate court who may appoint counsel or
guardian ad litem for such juvenile and who shall determine
after a hearing whether sufficient cause exists to hold the
person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days
as will enable his return to another state party to this
compact pursuant to a requisition for his return from a court
of that state. If, at the time when a state seeks the return of
a juvenile who has run away, there is pending in the state
wherein he is found any criminal charge, or any proceeding
to have him adjudicated a delinquent juvenile for an act
committed in such state, or if he is suspected of having
committed within such state a criminal offense or an act of
juvenile delinquency, he shall not be returned without the
consent of such state until discharged from prosecution or
other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The
duly accredited officers of any state party to this compact,
upon the establishment of their authority and the identity of
the juvenile being returned, shall be permitted to transport
such juvenile through any and all states party to this compact, without interference. Upon his return to the state from
which he ran away, the juvenile shall be subject to such
further proceedings as may be appropriate under the laws of
that state.
(b) That the state to which a juvenile is returned under
this article shall be responsible for payment of the transportation costs of such return.
(c) That "juvenile" as used in this article means any
person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to
the legal custody of such minor.
ARTICLE V—Return of Escapees and Absconders
(a) That the appropriate person or authority from whose
probation or parole supervision a delinquent juvenile has
absconded or from whose institutional custody he has
escaped shall present to the appropriate court or to the
executive authority of the state where the delinquent juvenile
is alleged to be located a written requisition for the return of
such delinquent juvenile. Such requisition shall state the
name and age of the delinquent juvenile, the particulars of
[Title 13 RCW—page 12]
his adjudication as a delinquent juvenile, the circumstances
of the breach of the terms of his probation or parole or of
his escape from an institution or agency vested with his legal
custody or supervision, and the location of such delinquent
juvenile, if known, at the time the requisition is made. The
requisition shall be verified by affidavit, shall be executed in
duplicate, and shall be accompanied by two certified copies
of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or
parole or to the legal custody of the institution or agency
concerned. Such further affidavits and other documents as
may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the
compact administrator of the demanding state, there to
remain on file subject to the provisions of law governing
records of the appropriate court. Upon the receipt of a
requisition demanding the return of a delinquent juvenile
who has absconded or escaped, the court or the executive
authority to whom the requisition is addressed shall issue an
order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent
juvenile. Such detention order must substantially recite the
facts necessary to the validity of its issuance hereunder. No
delinquent juvenile detained upon such order shall be
delivered over to the officer whom the appropriate person or
authority demanding him shall have appointed to receive
him, unless he shall first be taken forthwith before a judge
of an appropriate court in the state, who shall inform him of
the demand made for his return and who may appoint
counsel or guardian ad litem for him. If the judge of such
court shall find that the requisition is in order, he shall
deliver such delinquent juvenile over to the officer whom the
appropriate person or authority demanding him shall have
appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the
legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or
parole, or escaped from an institution or agency vested with
his legal custody or supervision in any state party to this
compact, such person may be taken into custody in any other
state party to this compact without a requisition. But in such
event, he must be taken forthwith before a judge of the
appropriate court, who may appoint counsel or guardian ad
litem for such person and who shall determine, after a
hearing, whether sufficient cause exists to hold the person
subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this article. If,
at the time when a state seeks the return of a delinquent
juvenile who has either absconded while on probation or
parole or escaped from an institution or agency vested with
his legal custody or supervision, there is pending in the state
wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act
committed in such state, or if he is suspected of having
committed within such state a criminal offense or an act of
juvenile delinquency, he shall not be returned without the
consent of such state until discharged from prosecution or
other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The
duly accredited officers of any state party to this compact,
(2002 Ed.)
Interstate Compact on Juveniles
upon the establishment of their authority and the identity of
the delinquent juvenile being returned, shall be permitted to
transport such delinquent juvenile through any and all states
party to this compact, without interference. Upon his return
to the state from which he escaped or absconded, the
delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
(b) That the state to which a delinquent juvenile is
returned under this article shall be responsible for payment
of the transportation costs of such return.
ARTICLE VI—Voluntary Return Procedure
That any delinquent juvenile who has absconded while
on probation or parole, or escaped from an institution or
agency vested with his legal custody or supervision in any
state party to this compact, and any juvenile who has run
away from any state party to this compact, who is taken into
custody without a requisition in another state party to this
compact under the provisions of article IV (a) or of article
V (a), may consent to his immediate return to the state from
which he absconded, escaped or ran away. Such consent
shall be given by the juvenile or delinquent juvenile and his
counsel or guardian ad litem, if any, by executing or
subscribing a writing, in the presence of a judge of the
appropriate court, which states that the juvenile or delinquent
juvenile and his counsel or guardian ad litem, if any, consent
to his return to the demanding state. Before such consent
shall be executed or subscribed, however, the judge, in the
presence of counsel or guardian ad litem, if any, shall inform
the juvenile or delinquent juvenile of his rights under this
compact. When the consent has been duly executed, it shall
be forwarded to and filed with the compact administrator of
the state in which the court is located and the judge shall
direct the officer having the juvenile or delinquent juvenile
in custody to deliver him to the duly accredited officer or
officers of the state demanding his return, and shall cause to
be delivered to such officer or officers a copy of the consent.
The court may, however, upon the request of the state to
which the juvenile or delinquent juvenile is being returned,
order him to return unaccompanied to such state and shall
provide him with a copy of such court order; in such event
a copy of the consent shall be forwarded to the compact
administrator of the state to which said juvenile or delinquent juvenile is ordered to return.
ARTICLE VII—Cooperative Supervision of
Probationers and Parolees
(a) That the duly constituted judicial and administrative
authorities of a state party to this compact (herein called
"sending state") may permit any delinquent juvenile within
such state, placed on probation or parole, to reside in any
other state party to this compact (herein called "receiving
state") while on probation or parole, and the receiving state
shall accept such delinquent juvenile, if the parent, guardian
or person entitled to the legal custody of such delinquent
juvenile is residing or undertakes to reside within the
receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending
state shall send to the authorities of the receiving state copies
of pertinent court orders, social case studies and all other
available information which may be of value to and assist
(2002 Ed.)
13.24.010
the receiving state in supervising a probationer or parolee
under this compact. A receiving state, in its discretion, may
agree to accept supervision of a probationer or parolee in
cases where the parent, guardian or person entitled to the
legal custody of the delinquent juvenile is not a resident of
the receiving state, and if so accepted the sending state may
transfer supervision accordingly.
(b) That each receiving state will assume the duties of
visitation and of supervision over any such delinquent
juvenile and in the exercise of those duties will be governed
by the same standards of visitation and supervision that
prevail for its own delinquent juveniles released on probation
or parole.
(c) That, after consultation between the appropriate
authorities of the sending state and of the receiving state as
to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state
may enter a receiving state and there apprehend and retake
any such delinquent juvenile on probation or parole. For
that purpose, no formalities will be required, other than
establishing the authority of the officer and the identity of
the delinquent juvenile to be retaken and returned. The
decision of the sending state to retake a delinquent juvenile
on probation or parole shall be conclusive upon and not
reviewable within the receiving state, but if, at the time the
sending state seeks to retake a delinquent juvenile on
probation or parole, there is pending against him within the
receiving state any criminal charge or any proceeding to
have him adjudicated a delinquent juvenile for any act
committed in such state, or if he is suspected of having
committed within such state a criminal offense or an act of
juvenile delinquency, he shall not be returned without the
consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The
duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned
through any and all states party to this compact, without
interference.
(d) That the sending state shall be responsible under this
article for paying the costs of transporting any delinquent
juvenile to the receiving state or of returning any delinquent
juvenile to the sending state.
ARTICLE VIII—Responsibility for Costs
(a) That the provisions of articles IV (b), V (b) and VII
(d) of this compact shall not be construed to alter or affect
any internal relationship among the departments, agencies
and officers of and in the government of a party state, or
between a party state and its subdivisions, as to the payment
of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to
prevent any party state or subdivision thereof from asserting
any right against any person, agency or other entity in regard
to costs for which such party state or subdivision thereof
may be responsible pursuant to articles IV (b), V (b) or VII
(d) of this compact.
ARTICLE IX—Detention Practices
That, to every extent possible, it shall be the policy of
states party to this compact that no juvenile or delinquent
juvenile shall be placed or detained in any prison, jail or
[Title 13 RCW—page 13]
13.24.010
Title 13 RCW: Juvenile Courts and Juvenile Offenders
lockup nor be detained or transported in association with
criminal, vicious or dissolute persons.
ARTICLE X—Supplementary Agreements
That the duly constituted administrative authorities, of
a state party to this compact may enter into supplementary
agreements with any other state or states party hereto for the
cooperative care, treatment and rehabilitation of delinquent
juveniles whenever they shall find that such agreements will
improve the facilities or programs available for such care,
treatment and rehabilitation. Such care, treatment and
rehabilitation may be provided in an institution located
within any state entering into such supplementary agreement.
Such supplementary agreements shall:
(1) Provide the rates to be paid for the care, treatment
and custody of such delinquent juveniles, taking into
consideration the character of facilities, services and subsistence furnished;
(2) Provide that the delinquent juvenile shall be given
a court hearing prior to his being sent to another state for
care, treatment and custody;
(3) Provide that the state receiving such a delinquent
juvenile in one of its institutions shall act solely as agent for
the state sending such delinquent juvenile;
(4) Provide that the sending state shall at all times retain
jurisdiction over delinquent juveniles sent to an institution in
another state;
(5) Provide for reasonable inspection of such institutions
by the sending state;
(6) Provide that the consent of the parent, guardian,
person or agency entitled to the legal custody of said
delinquent juvenile shall be secured prior to his being sent
to another state; and
(7) Make provision for such other matters and details as
shall be necessary to protect the rights and equities of such
delinquent juveniles and of the cooperating states.
ARTICLE XI—Acceptance of Federal and Other Aid
That any state party to this compact may accept any and
all donations, gifts and grants of money, equipment and
services from the federal or any local government, or any
agency thereof and from any person, firm or corporation, for
any of the purposes and functions of this compact, and may
receive and utilize the same subject to the terms, conditions
and regulations governing such donations, gifts and grants.
ARTICLE XII—Compact Administrators
That the governor of each state party to this compact
shall designate an officer who, acting jointly with like
officers of other party states, shall promulgate rules and
regulations to carry out more effectively the terms and
provisions of this compact.
ARTICLE XIII—Execution of Compact
That this compact shall become operative immediately
upon its execution by any state as between it and any other
state or states so executing. When executed it shall have the
full force and effect of law within such state, the form of
execution to be in accordance with the laws of the executing
state.
[Title 13 RCW—page 14]
ARTICLE XIV—Renunciation
That this compact shall continue in force and remain
binding upon each executing state until renounced by it.
Renunciation of this compact shall be by the same authority
which executed it, by sending six months’ notice in writing
of its intention to withdraw from the compact to the other
states party hereto. The duties and obligations of a renouncing state under article VII hereof shall continue as to
parolees and probationers residing therein at the time of
withdrawal until retaken or finally discharged. Supplementary agreements entered into under article X hereof shall
be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months’
renunciation notice of the present article.
ARTICLE XV—Severability
That the provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States or the applicability
thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact
and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any
state participating therein, the compact shall remain in full
force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
[1955 c 284 § 1.]
13.24.020 Juvenile compact administrator. Pursuant
to said compact, the governor is hereby authorized and
empowered to designate an officer who shall be the compact
administrator and who, acting jointly with like officers of
other party states, shall promulgate rules and regulations to
carry out more effectively the terms of the compact. Said
compact administrator shall serve subject to the pleasure of
the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this
state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or
agreements entered into by this state thereunder. [1955 c
284 § 2.]
13.24.030 Supplementary agreements. The compact
administrator is hereby authorized and empowered to enter
into supplementary agreements with appropriate officials of
other states pursuant to the compact. In the event that such
supplementary agreement shall require or contemplate the
use of any institution or facility of this state or require or
contemplate the provision of any service by this state, said
supplementary agreement shall have no force or effect until
approved by the head of the department or agency under
whose jurisdiction said institution or facility is operated or
whose department or agency will be charged with the
rendering of such service. [1955 c 284 § 3.]
13.24.035 Governor authorized and directed to
execute supplementary compact—Contents. (1) The
governor is hereby authorized and directed to execute a
(2002 Ed.)
Interstate Compact on Juveniles
compact amending and supplementing the interstate compact
on juveniles on behalf of this state with any other state or
states legally joining therein in the form substantially as set
forth in subsection (2) of this section.
(2)(a) All provisions and procedures of Articles V and
VI of the interstate compact on juveniles shall be construed
to apply to any juvenile charged with being a delinquent by
reason of a violation of any criminal law. Any juvenile
charged with being a delinquent by reason of violating any
criminal law, shall be returned to the requesting state upon
a requisition to the state where the juvenile may be found.
A petition in such case shall be filed in a court of competent
jurisdiction in the requesting state where the violation of
criminal law is alleged to have been committed. The
petition may be filed regardless of whether the juvenile has
left the state before or after the filing of the petition. The
requisition described in Article V of the compact shall be
forwarded by the judge of the court in which the petition has
been filed.
(b) This amendment provides additional remedies and
shall be binding only as among and between those party
states which substantially execute the same. [1979 c 155 §
36.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Chapter 13.32A
FAMILY RECONCILIATION ACT
(Formerly: Procedures for families in conflict)
Sections
13.32A.010
13.32A.015
13.32A.020
13.32A.030
13.32A.040
13.32A.042
13.32A.044
13.32A.050
13.32A.060
13.32A.065
13.32A.065
13.32A.070
13.32A.080
13.32A.082
13.24.040 Financial arrangements. The compact
administrator, subject to the approval of the office of
financial management, may make or arrange for any payments necessary to discharge any financial obligations
imposed upon this state by the compact or by any supplementary agreement entered into thereunder. [1979 ex.s. c 86
§ 1; 1955 c 284 § 4.]
13.32A.084
13.32A.086
Severability—1979 ex.s. c 86: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 86 § 9.]
13.32A.110
13.32A.120
13.24.050 Fees. Any judge of this state who appoints
counsel or guardian ad litem pursuant to the provision of the
compact may, in his discretion, fix a fee to be paid out of
funds available for disposition by the court but no such fee
shall exceed twenty-five dollars. [1955 c 284 § 5.]
13.32A.130
13.24.060 Responsibilities of state departments,
agencies and officers. The courts, departments, agencies
and officers of this state and its subdivisions shall enforce
this compact and shall do all things appropriate to the
effectuation of its purposes and intent which may be within
their respective jurisdictions. [1955 c 284 § 6.]
13.32A.150
13.24.900 Short title. This chapter may be cited as
the "uniform interstate compact on juveniles." [1955 c 284
§ 7.]
13.32A.177
13.32A.090
13.32A.095
13.32A.100
13.32A.125
13.32A.140
13.32A.152
13.32A.160
13.32A.170
13.32A.175
13.32A.178
13.32A.179
13.32A.180
13.32A.190
13.32A.191
(2002 Ed.)
13.24.035
Legislative findings and intent.
At-risk youth services—Intent.
Short title.
Definitions—Regulating leave from semi-secure facility.
Family reconciliation services.
Multidisciplinary team—Formation.
Multidisciplinary team—Purpose—Authority.
Officer taking child into custody—When authorized—
Maximum time of custody—Transporting to crisis residential center—Report on suspected abuse or neglect.
Officer taking child into custody—Procedure—Transporting
to home, crisis residential center, custody of department,
or juvenile detention facility.
Officer taking child into custody—Placing in detention—
Detention review hearing—Hearing on contempt (as
amended by 2000 c 123).
Officer taking child into custody—Placing in detention—
Detention review hearing—Hearing on contempt (as
amended by 2000 c 162).
Immunity from liability for law enforcement officer and
person with whom child is placed.
Unlawful harboring of a minor—Penalty—Defense—
Prosecution of adult for involving child in commission
of offense.
Providing shelter to minor—Requirement to notify parent,
law enforcement, or department.
Providing shelter to minor—Immunity from liability.
Duty of law enforcement agencies to identify runaway children under RCW 43.43.510.
Duty to inform parents—Transportation to child’s home or
out-of-home placement—Notice to department.
Unauthorized leave from crisis residential center—Notice to
parents, law enforcement, and the department.
Family reconciliation services for child in out-of-home
placement.
Interstate compact to apply, when.
Out-of-home placement—Agreement, continuation—Petition
to approve or continue.
Temporary out-of-home placement in semi-secure crisis
residential center.
Child admitted to secure facility—Maximum hours of custody—Evaluation for semi-secure facility or release to
department—Parental right to remove child—
Reconciliation effort—Information to parent and child—
Written statement of services and rights—Crisis residential center immunity from liability.
Out-of-home placement—Child in need of services petition
by department—Procedure.
Out-of-home placement—Child in need of services petition
by child or parent.
Child in need of services petition—Service on parents—
Notice to department.
Out-of-home placement—Court action upon filing of child
in need of services petition—Child placement.
Out-of-home placement—Fact-finding hearing.
Out-of-home placement—Contribution to child’s support—
Enforcement of order.
Out-of-home placement—Determination of support payments.
Out-of-home placement—Child support—Exceptions.
Out-of-home placement—Disposition hearing—Court order—Dispositional plan—Child subject to contempt
proceedings—Dismissal of order at request of department or parent.
Out-of-home placement—Court order—No placement in
secure residence.
Out-of-home placement dispositional order—Review hearings—Time limitation on out-of-home placement—
Termination of placement at request of parent.
At-risk youth—Petition by parent.
[Title 13 RCW—page 15]
Chapter 13.32A
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.32A.192
13.32A.194
13.32A.196
13.32A.197
At-risk youth petition—Prehearing procedures.
At-risk youth petition—Court procedures.
At-risk youth petition—Dispositional hearing.
Disposition hearing—Additional orders for specialized treatment—Review hearings—Limitation—Use of state
funds.
13.32A.198 At-risk youth—Review by court.
13.32A.200 Hearings under chapter—Time or place—Public excluded.
13.32A.205 Acceptance of petitions by court—Damages.
13.32A.210 Foster home placement—Parental preferences.
13.32A.250 Failure to comply with order as civil contempt—Motion—
Penalties.
13.32A.300 No entitlement to services created by chapter.
Consistency required in administration of statutes applicable to runaway
youth, at-risk youth, and families in conflict: RCW 43.20A.770.
Family preservation services: Chapter 74.14C RCW.
Foster placement prevention: Chapter 74.14C RCW.
Implementation of chapters 13.32A and 13.34 RCW—Report to local
governments: RCW 74.13.036.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Services for families-in-conflict: RCW 74.14A.020.
Transitional treatment program for gang and drug-involved juvenile
offenders: RCW 13.40.310.
13.32A.010 Legislative findings and intent. The
legislature finds that within any group of people there exists
a need for guidelines for acceptable behavior and that,
presumptively, the experience and maturity of parents make
them better qualified to establish guidelines beneficial to and
protective of their children. The legislature further finds that
it is the right and responsibility of adults to establish laws
for the benefit and protection of the society; and that, in the
same manner, the right and responsibility for establishing
reasonable guidelines for the family unit belongs to the
adults within that unit. Further, absent abuse or neglect,
parents have the right to exercise control over their children.
The legislature reaffirms its position stated in RCW
13.34.020 that the family unit is the fundamental resource of
American life which should be nurtured and that it should
remain intact in the absence of compelling evidence to the
contrary.
The legislature recognizes there is a need for services
and assistance for parents and children who are in conflict.
These conflicts are manifested by children who exhibit
various behaviors including: Running away, substance
abuse, serious acting out problems, mental health needs, and
other behaviors that endanger themselves or others.
The legislature finds many parents do not know their
rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal
recourse for the chronic runaway child who is endangering
himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose
behavior puts them in serious danger of harming themselves
or others, secure facilities must be provided to allow
opportunities for assessment, treatment, and to assist parents
and protect their children. The legislature intends to give
tools to parents, courts, and law enforcement to keep
families together and reunite them whenever possible.
The legislature recognizes that some children run away
to protect themselves from abuse or neglect in their homes.
Abused and neglected children should be dealt with pursuant
to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.
[Title 13 RCW—page 16]
The legislature intends services offered under this
chapter be on a voluntary basis whenever possible to
children and their families and that the courts be used as a
last resort.
The legislature intends to increase the safety of children
through the preservation of families and the provision of
assessment, treatment, and placement services for children in
need of services and at-risk youth including services and
assessments conducted under chapter 13.32A RCW and
RCW 74.13.033. Within available funds, the legislature
intends to provide these services through crisis residential
centers in which children and youth may safely reside for a
limited period of time. The time in residence shall be used
to conduct an assessment of the needs of the children, youth,
and their families. The assessments are necessary to identify
appropriate services and placement options that will reduce
the likelihood that children will place themselves in dangerous or life-threatening situations.
The legislature recognizes that crisis residential centers
provide an opportunity for children to receive short-term
necessary support and nurturing in cases where there may be
abuse or neglect. The legislature intends that center staff
provide an atmosphere of concern, care, and respect for
children in the center and their parents.
The legislature intends to provide for the protection of
children who, through their behavior, are endangering
themselves. The legislature intends to provide appropriate
residential services, including secure facilities, to protect,
stabilize, and treat children with serious problems. The
legislature further intends to empower parents by providing
them with the assistance they require to raise their children.
[2000 c 123 § 1; 1995 c 312 § 1; 1979 c 155 § 15.]
Short title—1995 c 312: "This act may be known and cited as the
"Becca bill."" [1995 c 312 § 2.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.015 At-risk youth services—Intent. It is the
intent of the legislature to:
(1) Preserve, strengthen, and reconcile families experiencing problems with at-risk youth;
(2) Provide a legal process by which parents who are
experiencing problems with at-risk youth can request and
receive assistance from juvenile courts in providing appropriate care, treatment, and supervision to such youth; and
(3) Assess the effectiveness of the family reconciliation
services program.
The legislature does not intend by this enactment to
grant any parent the right to file an at-risk youth petition or
receive juvenile court assistance in dealing with an at-risk
youth. The purpose of chapter 276, Laws of 1990 is to
create a process by which a parent of an at-risk youth may
request and receive assistance subject to the availability of
juvenile court services and resources. Recognizing that these
services and resources are limited, the legislature intends that
counties have the authority to impose reasonable limits on
the utilization of juvenile court services and resources in
matters related to at-risk youth. Any responsibilities imposed upon the department under chapter 276, Laws of 1990
shall be contingent upon the availability of funds specifically
appropriated by the legislature for such purpose. [1990 c
276 § 1.]
(2002 Ed.)
Family Reconciliation Act
13.32A.020 Short title. This chapter shall be known
and may be cited as the family reconciliation act. [1990 c
276 § 2; 1979 c 155 § 16.]
Conflict with federal requirements—1990 c 276: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to the
agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state." [1990 c 276 § 19.]
Severability—1990 c 276: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 276 § 20.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.030 Definitions—Regulating leave from
semi-secure facility. As used in this chapter the following
terms have the meanings indicated unless the context clearly
requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of
a child by any person under circumstances which indicate
that the child’s health, welfare, and safety is harmed,
excluding conduct permitted under RCW 9A.16.100. An
abused child is a child who has been subjected to child
abuse or neglect as defined in this section.
(2) "Administrator" means the individual who has the
daily administrative responsibility of a crisis residential
center, or his or her designee.
(3) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two
consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or
welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there
are no pending criminal charges related to the substance
abuse.
(4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of
eighteen years.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or
welfare of the child or other person;
(b) Who has been reported to law enforcement as absent
without consent for at least twenty-four consecutive hours on
two or more separate occasions from the home of either
parent, a crisis residential center, an out-of-home placement,
or a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of
harm to the health, safety, or welfare of the child or any
other person; or
(c)(i) Who is in need of: (A) Necessary services,
including food, shelter, health care, clothing, or education; or
(B) services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to utilize, these
services; and
(2002 Ed.)
13.32A.020
(iii) Whose parents have evidenced continuing but
unsuccessful efforts to maintain the family structure or are
unable or unwilling to continue efforts to maintain the family
structure.
(6) "Child in need of services petition" means a petition
filed in juvenile court by a parent, child, or the department
seeking adjudication of placement of the child.
(7) "Crisis residential center" means a secure or semisecure facility established pursuant to chapter 74.13 RCW.
(8) "Custodian" means the person or entity who has the
legal right to the custody of the child.
(9) "Department" means the department of social and
health services.
(10) "Extended family member" means an adult who is
a grandparent, brother, sister, stepbrother, stepsister, uncle,
aunt, or first cousin with whom the child has a relationship
and is comfortable, and who is willing and available to care
for the child.
(11) "Guardian" means that person or agency that (a)
has been appointed as the guardian of a child in a legal
proceeding other than a proceeding under chapter 13.34
RCW, and (b) has the right to legal custody of the child
pursuant to such appointment. The term "guardian" does not
include a "dependency guardian" appointed pursuant to a
proceeding under chapter 13.34 RCW.
(12) "Multidisciplinary team" means a group formed to
provide assistance and support to a child who is an at-risk
youth or a child in need of services and his or her parent.
The team shall include the parent, a department case worker,
a local government representative when authorized by the
local government, and when appropriate, members from the
mental health and substance abuse disciplines. The team
may also include, but is not limited to, the following
persons: Educators, law enforcement personnel, probation
officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement
providers, and extended family members. The team members shall be volunteers who do not receive compensation
while acting in a capacity as a team member, unless the
member’s employer chooses to provide compensation or the
member is a state employee.
(13) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant
to chapter 74.15 RCW or placement in a home, other than
that of the child’s parent, guardian, or legal custodian, not
required to be licensed pursuant to chapter 74.15 RCW.
(14) "Parent" means the parent or parents who have the
legal right to custody of the child. "Parent" includes
custodian or guardian.
(15) "Secure facility" means a crisis residential center,
or portion thereof, that has locking doors, locking windows,
or a secured perimeter, designed and operated to prevent a
child from leaving without permission of the facility staff.
(16) "Semi-secure facility" means any facility, including
but not limited to crisis residential centers or specialized
foster family homes, operated in a manner to reasonably
assure that youth placed there will not run away. Pursuant
to rules established by the department, the facility administrator shall establish reasonable hours for residents to come
and go from the facility such that no residents are free to
come and go at all hours of the day and night. To prevent
residents from taking unreasonable actions, the facility
[Title 13 RCW—page 17]
13.32A.030
Title 13 RCW: Juvenile Courts and Juvenile Offenders
administrator, where appropriate, may condition a resident’s
leaving the facility upon the resident being accompanied by
the administrator or the administrator’s designee and the
resident may be required to notify the administrator or the
administrator’s designee of any intent to leave, his or her
intended destination, and the probable time of his or her
return to the center.
(17) "Staff secure facility" means a structured group
care facility licensed under rules adopted by the department
with a ratio of at least one adult staff member to every two
children.
(18) "Temporary out-of-home placement" means an outof-home placement of not more than fourteen days ordered
by the court at a fact-finding hearing on a child in need of
services petition. [2000 c 123 § 2; 1997 c 146 § 1; 1996 c
133 § 9; 1995 c 312 § 3; 1990 c 276 § 3; 1985 c 257 § 6;
1979 c 155 § 17.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.040 Family reconciliation services. Families
who are in conflict or who are experiencing problems with
at-risk youth or a child who may be in need of services may
request family reconciliation services from the department.
The department may involve a local multidisciplinary team
in its response in determining the services to be provided
and in providing those services. Such services shall be
provided to alleviate personal or family situations which
present a serious and imminent threat to the health or
stability of the child or family and to maintain families intact
wherever possible. Family reconciliation services shall be
designed to develop skills and supports within families to
resolve problems related to at-risk youth, children in need of
services, or family conflicts. These services may include but
are not limited to referral to services for suicide prevention,
psychiatric or other medical care, or psychological, mental
health, drug or alcohol treatment, welfare, legal, educational,
or other social services, as appropriate to the needs of the
child and the family, and training in parenting, conflict
management, and dispute resolution skills. [2000 c 123 § 3;
1995 c 312 § 5; 1994 c 304 § 3; 1990 c 276 § 4; 1981 c 298
§ 1; 1979 c 155 § 18.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1994 c 304: See note following RCW 28A.635.060.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1981 c 298: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 298 § 20.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.042 Multidisciplinary team—Formation.
(1)(a) The administrator of a crisis residential center may
convene a multidisciplinary team, which is to be locally
based and administered, at the request of a child placed at
the center or the child’s parent.
(b) If the administrator has reasonable cause to believe
that a child is a child in need of services and the parent is
unavailable or unwilling to continue efforts to maintain the
family structure, the administrator shall immediately convene
a multidisciplinary team.
(c) A parent may disband a team twenty-four hours,
excluding weekends and holidays, after receiving notice of
formation of the team under (b) of this subsection unless a
petition has been filed under RCW 13.32A.140. If a petition
has been filed the parent may not disband the team until the
hearing is held under RCW 13.32A.179. The court may
allow the team to continue if an out-of-home placement is
ordered under RCW 13.32A.179(3). Upon the filing of an
at-risk youth or dependency petition the team shall cease to
exist, unless the parent requests continuation of the team or
unless the out-of-home placement was ordered under RCW
13.32A.179(3).
(2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery
of services through the multidisciplinary teams. Those
agencies that agree to participate shall provide the secretary
all information necessary to facilitate forming a
multidisciplinary team and the secretary shall provide this
information to the administrator of each crisis residential
center.
(3) The secretary shall designate within each region a
department employee who shall have responsibility for
coordination of the state response to a request for creation of
a multidisciplinary team. The secretary shall advise the
administrator of each crisis residential center of the name of
the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall
provide a list of the agencies that have agreed to participate
in the multidisciplinary team.
(4) The administrator shall also seek participation from
representatives of mental health and drug and alcohol
treatment providers as appropriate.
(5) A parent shall be advised of the request to form a
multidisciplinary team and may select additional members of
the multidisciplinary team. The parent or child may request
any person or persons to participate including, but not
limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners,
social service providers, youth residential placement providers, other family members, church representatives, and
members of their own community. The administrator shall
assist in obtaining the prompt participation of persons
requested by the parent or child.
(6) When an administrator of a crisis residential center
requests the formation of a team, the state agencies must
respond as soon as possible. [2000 c 123 § 4; 1995 c 312
§ 13.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.044 Multidisciplinary team—Purpose—
Authority. (1) The purpose of the multidisciplinary team is
[Title 13 RCW—page 18]
(2002 Ed.)
Family Reconciliation Act
to assist in a coordinated referral of the family to available
social and health-related services.
(2) The team shall have the authority to evaluate the
juvenile, and family members, if appropriate and agreed to
by the parent, and shall:
(a) With parental input, develop a plan of appropriate
available services and assist the family in obtaining those
services;
(b) Make a referral to the designated chemical dependency specialist or the county designated mental health
professional, if appropriate;
(c) Recommend no further intervention because the
juvenile and his or her family have resolved the problem
causing the family conflict; or
(d) With the parent’s consent, work with them to
achieve reconciliation of the child and family.
(3) At the first meeting of the multidisciplinary team, it
shall choose a member to coordinate the team’s efforts. The
parent member of the multidisciplinary team must agree with
the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.
(4) The coordinator of the multidisciplinary team may
assist in filing a child in need of services petition when
requested by the parent or child or an at-risk youth petition
when requested by the parent. The multidisciplinary team
shall have no standing as a party in any action under this
title.
(5) If the administrator is unable to contact the child’s
parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days
the administrator shall contact the department and request the
case be reviewed for a dependency filing under chapter
13.34 RCW. [2000 c 123 § 5; 1995 c 312 § 14.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.050 Officer taking child into custody—
When authorized—Maximum time of custody—
Transporting to crisis residential center—Report on
suspected abuse or neglect. (1) A law enforcement officer
shall take a child into custody:
(a) If a law enforcement agency has been contacted by
the parent of the child that the child is absent from parental
custody without consent; or
(b) If a law enforcement officer reasonably believes,
considering the child’s age, the location, and the time of day,
that a child is in circumstances which constitute a danger to
the child’s safety or that a child is violating a local curfew
ordinance; or
(c) If an agency legally charged with the supervision of
a child has notified a law enforcement agency that the child
has run away from placement; or
(d) If a law enforcement agency has been notified by
the juvenile court that the court finds probable cause exists
to believe that the child has violated a court placement order
issued under this chapter or chapter 13.34 RCW or that the
court has issued an order for law enforcement pick-up of the
child under this chapter or chapter 13.34 RCW.
(2) Law enforcement custody shall not extend beyond
the amount of time reasonably necessary to transport the
child to a destination authorized by law and to place the
child at that destination. Law enforcement custody continues
(2002 Ed.)
13.32A.044
until the law enforcement officer transfers custody to a
person, agency, or other authorized entity under this chapter,
or releases the child because no placement is available.
Transfer of custody is not complete unless the person,
agency, or entity to whom the child is released agrees to
accept custody.
(3) If a law enforcement officer takes a child into
custody pursuant to either subsection (1)(a) or (b) of this
section and transports the child to a crisis residential center,
the officer shall, within twenty-four hours of delivering the
child to the center, provide to the center a written report
detailing the reasons the officer took the child into custody.
The center shall provide the department with a copy of the
officer’s report.
(4) If the law enforcement officer who initially takes the
juvenile into custody or the staff of the crisis residential
center have reasonable cause to believe that the child is
absent from home because he or she is abused or neglected,
a report shall be made immediately to the department.
(5) Nothing in this section affects the authority of any
political subdivision to make regulations concerning the
conduct of minors in public places by ordinance or other
local law.
(6) If a law enforcement officer has a reasonable
suspicion that a child is being unlawfully harbored in
violation of RCW 13.32A.080, the officer shall remove the
child from the custody of the person harboring the child and
shall transport the child to one of the locations specified in
RCW 13.32A.060.
(7) No child may be placed in a secure facility except
as provided in this chapter. [2000 c 123 § 6; 1997 c 146 §
2; 1996 c 133 § 10; 1995 c 312 § 6; 1994 sp.s. c 7 § 505;
1990 c 276 § 5; 1986 c 288 § 1; 1985 c 257 § 7; 1981 c 298
§ 2; 1979 c 155 § 19.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1986 c 288: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 288 § 13.]
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.060 Officer taking child into custody—
Procedure—Transporting to home, crisis residential
center, custody of department, or juvenile detention
facility. (1) An officer taking a child into custody under
RCW 13.32A.050(1) (a) or (b) shall inform the child of the
reason for such custody and shall:
(a) Transport the child to his or her home or to a parent
at his or her place of employment, if no parent is at home.
The parent may request that the officer take the child to the
home of an adult extended family member, responsible adult,
crisis residential center, the department, or a licensed youth
[Title 13 RCW—page 19]
13.32A.060
Title 13 RCW: Juvenile Courts and Juvenile Offenders
shelter. In responding to the request of the parent, the
officer shall take the child to a requested place which, in the
officer’s belief, is within a reasonable distance of the
parent’s home. The officer releasing a child into the custody
of a parent, an adult extended family member, responsible
adult, or a licensed youth shelter shall inform the person
receiving the child of the reason for taking the child into
custody and inform all parties of the nature and location of
appropriate services available in the community; or
(b) After attempting to notify the parent, take the child
to a designated crisis residential center’s secure facility or a
center’s semi-secure facility if a secure facility is full, not
available, or not located within a reasonable distance if:
(i) The child expresses fear or distress at the prospect of
being returned to his or her home which leads the officer to
believe there is a possibility that the child is experiencing
some type of abuse or neglect;
(ii) It is not practical to transport the child to his or her
home or place of the parent’s employment; or
(iii) There is no parent available to accept custody of
the child; or
(c) After attempting to notify the parent, if a crisis
residential center is full, not available, or not located within
a reasonable distance, request the department to accept
custody of the child. If the department determines that an
appropriate placement is currently available, the department
shall accept custody and place the child in an out-of-home
placement. Upon accepting custody of a child from the
officer, the department may place the child in an out-ofhome placement for up to seventy-two hours, excluding
Saturdays, Sundays, and holidays, without filing a child in
need of services petition, obtaining parental consent, or
obtaining an order for placement under chapter 13.34 RCW.
Upon transferring a child to the department’s custody, the
officer shall provide written documentation of the reasons
and the statutory basis for taking the child into custody. If
the department declines to accept custody of the child, the
officer may release the child after attempting to take the
child to the following, in the order listed: The home of an
adult extended family member; a responsible adult; or a
licensed youth shelter. The officer shall immediately notify
the department if no placement option is available and the
child is released.
(2) An officer taking a child into custody under RCW
13.32A.050(1) (c) or (d) shall inform the child of the reason
for custody. An officer taking a child into custody under
RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis
residential center’s secure facility. If the secure facility is
not available, not located within a reasonable distance, or
full, the officer shall take the child to a semi-secure crisis
residential center. An officer taking a child into custody
under RCW 13.32A.050(1)(d) may place the child in a
juvenile detention facility as provided in RCW 13.32A.065
or a secure facility, except that the child shall be taken to
detention whenever the officer has been notified that a
juvenile court has entered a detention order under this
chapter or chapter 13.34 RCW.
(3) Every officer taking a child into custody shall
provide the child and his or her parent or parents or responsible adult with a copy of the statement specified in RCW
13.32A.130(6).
[Title 13 RCW—page 20]
(4) Whenever an officer transfers custody of a child to
a crisis residential center or the department, the child may
reside in the crisis residential center or may be placed by the
department in an out-of-home placement for an aggregate
total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays. Thereafter, the child
may continue in out-of-home placement only if the parents
have consented, a child in need of services petition has been
filed, or an order for placement has been entered under
chapter 13.34 RCW.
(5) The department shall ensure that all law enforcement
authorities are informed on a regular basis as to the location
of all designated secure and semi-secure facilities within
centers in their jurisdiction, where children taken into
custody under RCW 13.32A.050 may be taken. [2000 c 162
§ 11; 2000 c 162 § 1; 2000 c 123 § 7; 1997 c 146 § 3; 1996
c 133 § 11; 1995 c 312 § 7; 1994 sp.s. c 7 § 506; 1985 c
257 § 8; 1981 c 298 § 3; 1979 c 155 § 20.]
Reviser’s note: This section was amended by 2000 c 123 § 7 and by
2000 c 162 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 162 §§ 11-17: "Sections 11 through 17 of
this act take effect July 1, 2002." [2000 c 162 § 21.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.065 Officer taking child into custody—Placing in
detention—Detention review hearing—Hearing on contempt (as
amended by 2000 c 123). (1) ((A child may be placed in detention after
being taken into custody pursuant to RCW 13.32A.050(1)(d).)) If a child
is placed in detention under RCW 13.32A.050(1)(d), the court shall hold a
detention review hearing within twenty-four hours, excluding Saturdays,
Sundays, and holidays. The court shall release the child after twenty-four
hours, excluding Saturdays, Sundays, and holidays, unless:
(a) A motion and order to show why the child should not be held in
contempt has been filed and served on the child at or before the detention
hearing; and
(b) The court believes that the child would not appear at a hearing on
contempt.
(2) If the court orders the child to remain in detention, the court shall
set the matter for a hearing on contempt within seventy-two hours,
excluding Saturdays, Sundays, and holidays. [2000 c 123 § 8; 1996 c 133
§ 12; 1981 c 298 § 4.]
13.32A.065 Officer taking child into custody—Placing in
detention—Detention review hearing—Hearing on contempt (as
amended by 2000 c 162). (1) A child may be placed in ((either (a) a secure
facility that is a separate, secure section of a juvenile detention facility; or
(b))) detention after being taken into custody pursuant to RCW
13.32A.050(1)(d). ((In no case may a child in contempt be confined in a
secure facility that is free-standing outside a juvenile detention facility.))
The court shall hold a detention review hearing within twenty-four hours,
excluding Saturdays, Sundays, and holidays. The court shall release the
child after twenty-four hours, excluding Saturdays, Sundays, and holidays,
unless:
(a) A motion and order to show why the child should not be held in
contempt has been filed and served on the child at or before the detention
hearing; and
(b) The court believes that the child would not appear at a hearing on
contempt.
(2002 Ed.)
Family Reconciliation Act
(2) If the court ((finds that the conditions in subsection (1)(a) and (b)
of this section have been met)) orders the child to remain in detention, the
court ((may order the child to remain confined either in (a) a secure facility
that is a separate, secure section of a juvenile detention facility; or (b)
detention, and)) shall set the matter for a hearing on contempt within
seventy-two hours, excluding Saturdays, Sundays, and holidays. ((In no
case may a child in contempt be confined in a secure facility that is freestanding outside a juvenile detention facility.)) [2000 c 162 § 12; 2000 c
162 § 2; 1996 c 133 § 12; 1981 c 298 § 4.]
Reviser’s note: RCW 13.32A.065 was amended by 2000 c 123 § 8
without cognizance of its amendment by 2000 c 162 §§ 2 and 12. For rule
of construction concerning sections amended more than once during the
same legislative session, see RCW 1.12.025.
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Severability—1981 c 298: See note following RCW 13.32A.040.
13.32A.070 Immunity from liability for law enforcement officer and person with whom child is placed. (1)
A law enforcement officer acting in good faith pursuant to
this chapter is immune from civil or criminal liability for
such action.
(2) A person with whom a child is placed pursuant to
this chapter and who acts reasonably and in good faith is
immune from civil or criminal liability for the act of receiving the child. The immunity does not release the person
from liability under any other law. [1996 c 133 § 13; 1995
c 312 § 8; 1986 c 288 § 2; 1981 c 298 § 5; 1979 c 155 §
21.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1986 c 288: See note following RCW 13.32A.050.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.080 Unlawful harboring of a minor—
Penalty—Defense—Prosecution of adult for involving
child in commission of offense. (1)(a) A person commits
the crime of unlawful harboring of a minor if the person
provides shelter to a minor without the consent of a parent
of the minor and after the person knows that the minor is
away from the home of the parent, without the parent’s
permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement
officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law
enforcement officer after being requested to do so by the
officer, if the person knows the location of the minor and
had either taken the minor to that location or had assisted the
minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the
minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid
the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section
that the defendant had custody of the minor pursuant to a
court order.
(2) Unlawful harboring of a minor is punishable as a
gross misdemeanor.
(2002 Ed.)
13.32A.065
(3) Any person who provides shelter to a child, absent
from home, may notify the department’s local community
service office of the child’s presence.
(4) An adult responsible for involving a child in the
commission of an offense may be prosecuted under existing
criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as
defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88
RCW; and
(c) Complicity of the adult in the crime of a minor,
under RCW 9A.08.020. [2000 c 123 § 9; 1994 sp.s. c 7 §
507; 1981 c 298 § 6; 1979 c 155 § 22.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.082 Providing shelter to minor—
Requirement to notify parent, law enforcement, or
department. (1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time
of providing the shelter that the minor is away from the
parent’s home without the permission of the parent, or other
lawfully prescribed residence, shall promptly report the
location of the child to the parent, the law enforcement
agency of the jurisdiction in which the person lives, or the
department. The report may be made by telephone or any
other reasonable means.
(2) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this section.
(a) "Shelter" means the person’s home or any structure
over which the person has any control.
(b) "Promptly report" means to report within eight hours
after the person has knowledge that the minor is away from
a lawfully prescribed residence or home without parental
permission.
(3) When the department receives a report under
subsection (1) of this section, it shall make a good faith
attempt to notify the parent that a report has been received
and offer services designed to resolve the conflict and
accomplish a reunification of the family. [2000 c 123 § 10;
1996 c 133 § 14; 1995 c 312 § 34.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.084 Providing shelter to minor—Immunity
from liability. If a person provides the notice required in
RCW 13.32A.082, he or she is immune from liability for
any cause of action arising from providing shelter to the
child. The immunity shall not extend to acts of intentional
misconduct or gross negligence by the person providing the
shelter. [1995 c 312 § 36.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.086 Duty of law enforcement agencies to
identify runaway children under RCW 43.43.510.
Whenever a law enforcement agency receives a report from
a parent that his or her child, or child over whom the parent
[Title 13 RCW—page 21]
13.32A.086
Title 13 RCW: Juvenile Courts and Juvenile Offenders
has custody, has without permission of the parent left the
home or residence lawfully prescribed for the child under
circumstances where the parent believes that the child has
run away from the home or the residence, the agency shall
provide for placing information identifying the child in files
under RCW 43.43.510. [1995 c 312 § 37.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.090 Duty to inform parents—Transportation
to child’s home or out-of-home placement—Notice to
department. (1) The administrator of a designated crisis
residential center or the department shall perform the duties
under subsection (3) of this section:
(a) Upon admitting a child who has been brought to the
center by a law enforcement officer under RCW 13.32A.060;
(b) Upon admitting a child who has run away from
home or has requested admittance to the center;
(c) Upon learning from a person under RCW
13.32A.082 that the person is providing shelter to a child
absent from home; or
(d) Upon learning that a child has been placed with a
responsible adult pursuant to RCW 13.32A.060.
(2) Transportation expenses of the child shall be at the
parent’s expense to the extent of his or her ability to pay,
with any unmet transportation expenses assumed by the
department.
(3) When any of the circumstances under subsection (1)
of this section are present, the administrator of a center or
the department shall perform the following duties:
(a) Immediately notify the child’s parent of the child’s
whereabouts, physical and emotional condition, and the
circumstances surrounding his or her placement;
(b) Initially notify the parent that it is the paramount
concern of the family reconciliation service personnel to
achieve a reconciliation between the parent and child to
reunify the family and inform the parent as to the procedures
to be followed under this chapter;
(c) Inform the parent whether a referral to children’s
protective services has been made and, if so, inform the
parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state; and either
(d)(i) Arrange transportation for the child to the residence of the parent, as soon as practicable, when the child
and his or her parent agrees to the child’s return home or
when the parent produces a copy of a court order entered
under this chapter requiring the child to reside in the parent’s
home; or
(ii) Arrange transportation for the child to: (i) [(A)] An
out-of-home placement which may include a licensed group
care facility or foster family when agreed to by the child and
parent; or (ii) [(B)] a certified or licensed mental health or
chemical dependency program of the parent’s choice.
(4) If the administrator of the crisis residential center
performs the duties listed in subsection (3) of this section, he
or she shall also notify the department that a child has been
admitted to the crisis residential center. [2000 c 123 § 11;
1996 c 133 § 7; 1995 c 312 § 10; 1990 c 276 § 6; 1981 c
298 § 7; 1979 c 155 § 23.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
[Title 13 RCW—page 22]
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.095 Unauthorized leave from crisis residential center—Notice to parents, law enforcement, and the
department. The administrator of a crisis residential center
shall notify parents, the appropriate law enforcement agency,
and the department immediately as to any unauthorized leave
from the center by a child placed at the center. [2000 c 123
§ 12; 1996 c 133 § 15; 1995 c 312 § 21.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.100 Family reconciliation services for child
in out-of-home placement. Where a child is placed in an
out-of-home placement pursuant to RCW
13.32A.090(3)(d)(ii), the department shall make available
family reconciliation services in order to facilitate the
reunification of the family. Any such placement may
continue as long as there is agreement by the child and
parent. [2000 c 123 § 13; 1996 c 133 § 16; 1981 c 298 § 8;
1979 c 155 § 24.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.110 Interstate compact to apply, when. If
a child who has a legal residence outside the state of
Washington is admitted to a crisis residential center or is
released by a law enforcement officer to the department, and
the child refuses to return home, the provisions of RCW
13.24.010 shall apply. [1996 c 133 § 17; 1979 c 155 § 25.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Interstate compact on juveniles: Chapter 13.24 RCW.
13.32A.120 Out-of-home placement—Agreement,
continuation—Petition to approve or continue. (1) Where
either a child or the child’s parent or the person or facility
currently providing shelter to the child notifies the center
that such individual or individuals cannot agree to the
continuation of an out-of-home placement arrived at pursuant
to RCW 13.32A.090(3)(d)(ii), the administrator of the center
shall immediately contact the remaining party or parties to
the agreement and shall attempt to bring about the child’s
return home or to an alternative living arrangement agreeable
to the child and the parent as soon as practicable.
(2) If a child and his or her parent cannot agree to an
out-of-home placement under RCW 13.32A.090(3)(d)(ii),
either the child or parent may file a child in need of services
petition to approve an out-of-home placement or the parent
may file an at-risk youth petition.
(2002 Ed.)
Family Reconciliation Act
(3) If a child and his or her parent cannot agree to the
continuation of an out-of-home placement under RCW
13.32A.090(3)(d)(ii), either the child or parent may file a
child in need of services petition to continue an out-of-home
placement or the parent may file an at-risk youth petition.
[2000 c 123 § 14; 1996 c 133 § 18; 1995 c 312 § 11; 1990
c 276 § 7; 1979 c 155 § 26.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.125 Temporary out-of-home placement in
semi-secure crisis residential center. In approving a
petition under this chapter, a child may be placed in a semisecure crisis residential center as a temporary out-of-home
placement under the following conditions: (1) No other
suitable out-of-home placement is available; (2) space is
available in the semi-secure crisis residential center; and (3)
no child will be denied access for a five-day placement due
to this placement.
Any child referred to a semi-secure crisis residential
center by a law enforcement officer, the department, or
himself or herself shall have priority over a temporary outof-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall
transfer the temporary out-of-home placement youth to a
new out-of-home placement as necessary to ensure access for
youth needing the semi-secure crisis residential center.
[1995 c 312 § 44.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.130 Child admitted to secure facility—
Maximum hours of custody—Evaluation for semi-secure
facility or release to department—Parental right to
remove child—Reconciliation effort—Information to
parent and child—Written statement of services and
rights—Crisis residential center immunity from liability.
(1) A child admitted to a secure facility shall remain in the
facility for at least twenty-four hours after admission but for
not more than five consecutive days. If the child admitted
under this section is transferred between secure and semisecure facilities, the aggregate length of time spent in all
such centers or facilities may not exceed five consecutive
days per admission.
(2)(a)(i) The facility administrator shall determine within
twenty-four hours after a child’s admission to a secure
facility whether the child is likely to remain in a semi-secure
facility and may transfer the child to a semi-secure facility
or release the child to the department. The determination
shall be based on: (A) The need for continued assessment,
protection, and treatment of the child in a secure facility; and
(B) the likelihood the child would remain at a semi-secure
facility until his or her parents can take the child home or a
petition can be filed under this title.
(2002 Ed.)
13.32A.120
(ii) In making the determination the administrator shall
consider the following information if known: (A) The
child’s age and maturity; (B) the child’s condition upon
arrival at the center; (C) the circumstances that led to the
child’s being taken to the center; (D) whether the child’s
behavior endangers the health, safety, or welfare of the child
or any other person; (E) the child’s history of running away;
and (F) the child’s willingness to cooperate in the assessment.
(b) If the administrator of a secure facility determines
the child is unlikely to remain in a semi-secure facility, the
administrator shall keep the child in the secure facility
pursuant to this chapter and in order to provide for space for
the child may transfer another child who has been in the
facility for at least seventy-two hours to a semi-secure
facility. The administrator shall only make a transfer of a
child after determining that the child who may be transferred
is likely to remain at the semi-secure facility.
(c) A crisis residential center administrator is authorized
to transfer a child to a crisis residential center in the area
where the child’s parents reside or where the child’s lawfully
prescribed residence is located.
(d) An administrator may transfer a child from a semisecure facility to a secure facility whenever he or she
reasonably believes that the child is likely to leave the semisecure facility and not return and after full consideration of
all factors in (a)(i) and (ii) of this subsection.
(3) If no parent is available or willing to remove the
child during the first seventy-two hours following admission,
the department shall consider the filing of a petition under
RCW 13.32A.140.
(4) Notwithstanding the provisions of subsection (1) of
this section, the parents may remove the child at any time
during the five-day period unless the staff of the crisis
residential center has reasonable cause to believe that the
child is absent from the home because he or she is abused or
neglected or if allegations of abuse or neglect have been
made against the parents. The department or any agency
legally charged with the supervision of a child may remove
a child from a crisis residential center at any time after the
first twenty-four-hour period after admission has elapsed and
only after full consideration by all parties of the factors in
subsection (2)(a) of this section.
(5) Crisis residential center staff shall make reasonable
efforts to protect the child and achieve a reconciliation of the
family. If a reconciliation and voluntary return of the child
has not been achieved within forty-eight hours from the time
of admission, and if the administrator of the center does not
consider it likely that reconciliation will be achieved within
the five-day period, then the administrator shall inform the
parent and child of: (a) The availability of counseling
services; (b) the right to file a child in need of services
petition for an out-of-home placement, the right of a parent
to file an at-risk youth petition, and the right of the parent
and child to obtain assistance in filing the petition; (c) the
right to request the facility administrator or his or her
designee to form a multidisciplinary team; (d) the right to
request a review of any out-of-home placement; (e) the right
to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a
[Title 13 RCW—page 23]
13.32A.130
Title 13 RCW: Juvenile Courts and Juvenile Offenders
program to address the child’s at-risk behavior under RCW
13.32A.197.
(6) At no time shall information regarding a parent’s or
child’s rights be withheld. The department shall develop and
distribute to all law enforcement agencies and to each crisis
residential center administrator a written statement delineating the services and rights. The administrator of the facility
or his or her designee shall provide every resident and parent
with a copy of the statement.
(7) A crisis residential center and any person employed
at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil
liability for such actions. [2000 c 162 § 13; 2000 c 162 §
3; 2000 c 123 § 15; 1997 c 146 § 4; 1996 c 133 § 8; 1995
c 312 § 12; 1994 sp.s. c 7 § 508; 1992 c 205 § 206; 1990 c
276 § 8; 1985 c 257 § 9; 1981 c 298 § 9; 1979 c 155 § 27.]
Reviser’s note: This section was amended by 2000 c 123 § 15 and
by 2000 c 162 § 13, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.140 Out-of-home placement—Child in need
of services petition by department—Procedure. Unless
the department files a dependency petition, the department
shall file a child in need of services petition to approve an
out-of-home placement on behalf of a child under any of the
following sets of circumstances:
(1) The child has been admitted to a crisis residential
center or has been placed by the department in an out-ofhome placement, and:
(a) The parent has been notified that the child was so
admitted or placed;
(b) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventytwo hours;
(c) No agreement between the parent and the child as to
where the child shall live has been reached;
(d) No child in need of services petition has been filed
by either the child or parent;
(e) The parent has not filed an at-risk youth petition;
and
(f) The child has no suitable place to live other than the
home of his or her parent.
(2) The child has been admitted to a crisis residential
center and:
(a) Seventy-two hours, including Saturdays, Sundays,
and holidays, have passed since such placement;
[Title 13 RCW—page 24]
(b) The staff, after searching with due diligence, have
been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the
home of his or her parent.
(3) An agreement between parent and child made
pursuant to RCW 13.32A.090(3)(d)(ii) or pursuant to RCW
13.32A.120(1) is no longer acceptable to parent or child,
and:
(a) The party to whom the arrangement is no longer
acceptable has so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays,
and holidays, have passed since such notification;
(c) No new agreement between parent and child as to
where the child shall live has been reached;
(d) No child in need of services petition has been filed
by either the child or the parent;
(e) The parent has not filed an at-risk youth petition;
and
(f) The child has no suitable place to live other than the
home of his or her parent.
Under the circumstances of subsections (1), (2), or (3)
of this section, the child shall remain in an out-of-home
placement until a child in need of services petition filed by
the department on behalf of the child is reviewed and
resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted
to a crisis residential center or placed in an out-of-home
placement by the department. The state, when the department files a child in need of services petition under this
section, shall be represented as provided for in RCW
13.04.093. [2000 c 123 § 16; 1997 c 146 § 5; 1996 c 133
§ 19; 1995 c 312 § 15; 1990 c 276 § 9; 1981 c 298 § 10;
1979 c 155 § 28.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.150 Out-of-home placement—Child in need
of services petition by child or parent. (1) Except as
otherwise provided in this chapter, the juvenile court shall
not accept the filing of a child in need of services petition by
the child or the parents or the filing of an at-risk youth
petition by the parent, unless verification is provided that the
department has completed a family assessment. The family
assessment shall involve the multidisciplinary team if one
exists. The family assessment or plan of services developed
by the multidisciplinary team shall be aimed at family
reconciliation, reunification, and avoidance of the out-ofhome placement of the child. If the department is unable to
complete an assessment within two working days following
a request for assessment the child or the parents may
proceed under subsection (2) of this section or the parent
may proceed under RCW 13.32A.191.
(2) A child or a child’s parent may file with the juvenile
court a child in need of services petition to approve an outof-home placement for the child. The department shall,
(2002 Ed.)
Family Reconciliation Act
when requested, assist either a parent or child in the filing of
the petition. The petition must be filed in the county where
the parent resides. The petition shall allege that the child is
a child in need of services and shall ask only that the
placement of a child outside the home of his or her parent be
approved. The filing of a petition to approve the placement
is not dependent upon the court’s having obtained any prior
jurisdiction over the child or his or her parent, and confers
upon the court a special jurisdiction to approve or disapprove
an out-of-home placement under this chapter.
(3) A petition may not be filed if the child is the subject
of a proceeding under chapter 13.34 RCW. [2000 c 123 §
17; 1996 c 133 § 20; 1995 c 312 § 16; 1992 c 205 § 208;
1990 c 276 § 10; 1989 c 269 § 1; 1981 c 298 § 11; 1979 c
155 § 29.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.152 Child in need of services petition—
Service on parents—Notice to department. (1) Whenever
a child in need of services petition is filed by: (a) A youth
pursuant to RCW 13.32A.150; (b) the child or the child’s
parent pursuant to RCW 13.32A.120; or (c) the department
pursuant to RCW 13.32A.140, the filing party shall have a
copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful,
then by certified mail with return receipt.
(2) Whenever a child in need of services petition is filed
by a youth or parent pursuant to RCW 13.32A.150, the court
shall immediately notify the department that a petition has
been filed. [2000 c 123 § 18; 1996 c 133 § 21; 1995 c 312
§ 4.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.160 Out-of-home placement—Court action
upon filing of child in need of services petition—Child
placement. (1) When a proper child in need of services
petition to approve an out-of-home placement is filed under
RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile
court shall: (a)(i) Schedule a fact-finding hearing to be held:
(A) For a child who resides in a place other than his or her
parent’s home and other than an out-of-home placement,
within five calendar days unless the last calendar day is a
Saturday, Sunday, or holiday, in which case the hearing shall
be held on the preceding judicial day; or (B) for a child
living at home or in an out-of-home placement, within ten
days; and (ii) notify the parent, child, and the department of
such date; (b) notify the parent of the right to be represented
by counsel and, if indigent, to have counsel appointed for
him or her by the court; (c) appoint legal counsel for the
child; (d) inform the child and his or her parent of the legal
(2002 Ed.)
13.32A.150
consequences of the court approving or disapproving a child
in need of services petition; (e) notify the parents of their
rights under this chapter and chapters 11.88, 13.34, 70.96A,
and 71.34 RCW, including the right to file an at-risk youth
petition, the right to submit an application for admission of
their child to a treatment facility for alcohol, chemical
dependency, or mental health treatment, and the right to file
a guardianship petition; and (f) notify all parties, including
the department, of their right to present evidence at the factfinding hearing.
(2) Upon filing of a child in need of services petition,
the child may be placed, if not already placed, by the
department in a crisis residential center, foster family home,
group home facility licensed under chapter 74.15 RCW, or
any other suitable residence other than a HOPE center to be
determined by the department. The court may place a child
in a crisis residential center for a temporary out-of-home
placement as long as the requirements of RCW 13.32A.125
are met.
(3) If the child has been placed in a foster family home
or group care facility under chapter 74.15 RCW, the child
shall remain there, or in any other suitable residence as
determined by the department, pending resolution of the
petition by the court. Any placement may be reviewed by
the court within three judicial days upon the request of the
juvenile or the juvenile’s parent. [2000 c 123 § 19; 1997 c
146 § 6; 1996 c 133 § 22; 1995 c 312 § 17; 1990 c 276 §
11; 1989 c 269 § 2; 1979 c 155 § 30.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.170 Out-of-home placement—Fact-finding
hearing. (1) The court shall hold a fact-finding hearing to
consider a proper child in need of services petition, giving
due weight to the intent of the legislature that families have
the right to place reasonable restrictions and rules upon their
children, appropriate to the individual child’s developmental
level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their
right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of
their rights as set forth in RCW 13.32A.160(1). If the court
approves or denies a child in need of services petition, a
written statement of the reasons must be filed.
(2) The court may approve an order stating that the
child shall be placed in a residence other than the home of
his or her parent only if it is established by a preponderance
of the evidence, including a departmental recommendation
for approval or dismissal of the petition, that:
(a) The child is a child in need of services as defined in
RCW 13.32A.030(5);
(b) If the petitioner is a child, he or she has made a
reasonable effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or
eliminate the need for removal of the child from the child’s
[Title 13 RCW—page 25]
13.32A.170
Title 13 RCW: Juvenile Courts and Juvenile Offenders
home and to make it possible for the child to return home;
and
(d) A suitable out-of-home placement resource is
available.
The court may not grant a petition filed by the child or
the department if it is established that the petition is based
only upon a dislike of reasonable rules or reasonable
discipline established by the parent.
The court may not grant the petition if the child is the
subject of a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall:
(a) Approve a child in need of services petition and, if
appropriate, enter a temporary out-of-home placement for a
period not to exceed fourteen days pending approval of a
disposition decision to be made under RCW 13.32A.179(2);
(b) approve an at-risk youth petition filed by the parents and
dismiss the child in need of services petition; or (c) dismiss
the petition.
At any time the court may order the department to
review the case to determine whether the case is appropriate
for a dependency petition under chapter 13.34 RCW. [2000
c 123 § 20; 1996 c 133 § 23; 1995 c 312 § 18; 1989 c 269
§ 3; 1987 c 524 § 1; 1985 c 257 § 10; 1984 c 188 § 1; 1981
c 298 § 12; 1979 c 155 § 31.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.175 Out-of-home placement—Contribution
to child’s support—Enforcement of order. In any
proceeding in which the court approves an out-of-home
placement, the court shall inquire into the ability of parents
to contribute to the child’s support. If the court finds that
the parents are able to contribute to the support of the child,
the court shall order them to make such support payments as
the court deems equitable. The court may enforce such an
order by execution or in any way in which a court of equity
may enforce its orders. However, payments shall not be
required of a parent who has both opposed the placement
and continuously sought reconciliation with, and the return
of, the child. All orders entered in a proceeding approving
out-of-home placement shall be in compliance with the
provisions of RCW 26.23.050. [1995 c 312 § 19; 1987 c
435 § 13; 1981 c 298 § 15.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1981 c 298: See note following RCW 13.32A.040.
13.32A.177 Out-of-home placement—Determination
of support payments. A determination of support payments
ordered under RCW 13.32A.175 shall be based upon chapter
26.19 RCW. [1995 c 312 § 22; 1988 c 275 § 14.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
[Title 13 RCW—page 26]
13.32A.178 Out-of-home placement—Child support—Exceptions. The department of social and health
services shall promulgate rules that create good cause
exceptions to the establishment and enforcement of child
support from parents of children in out-of-home placement
under chapter 13.34 or 13.32A RCW that do not violate
federal funding requirements. The department shall present
the rules and the department’s plan for implementation of the
rules to the appropriate committees of the legislature prior to
the 2002 legislative session. [2001 c 332 § 8.]
13.32A.179 Out-of-home placement—Disposition
hearing—Court order—Dispositional plan—Child subject
to contempt proceedings—Dismissal of order at request
of department or parent. (1) A disposition hearing shall
be held no later than fourteen days after the approval of the
temporary out-of-home placement. The parents, child, and
department shall be notified by the court of the time and
place of the hearing.
(2) At the conclusion of the disposition hearing, the
court may: (a) Reunite the family and dismiss the petition;
(b) approve an at-risk youth petition filed by the parents and
dismiss the child in need of services petition; (c) approve an
out-of-home placement requested in the child in need of
services petition by the parents; or (d) order an out-of-home
placement at the request of the child or the department not
to exceed ninety days.
At any time the court may order the department to
review the matter for purposes of filing a dependency
petition under chapter 13.34 RCW. Whether or not the court
approves or orders an out-of-home placement, the court may
also order any conditions of supervision as set forth in RCW
13.32A.196(3).
(3) The court may only enter an order under subsection
(2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest
of the family; (ii) the parents have not requested an out-ofhome placement; (iii) the parents have not exercised any
other right listed in RCW 13.32A.160(1)(e); (iv) the child
has made reasonable efforts to resolve the problems that led
to the filing of the petition; (v) the problems cannot be
resolved by delivery of services to the family during continued placement of the child in the parental home; (vi)
reasonable efforts have been made to prevent or eliminate
the need for removal of the child from the child’s home and
to make it possible for the child to return home; and (vii) a
suitable out-of-home placement resource is available; (b)(i)
the order is in the best interest of the child; and (ii) the
parents are unavailable; or (c) the parent’s actions cause an
imminent threat to the child’s health or safety.
(4) The court may order the department to submit a
dispositional plan if such a plan would assist the court in
ordering a suitable disposition in the case. The plan, if
ordered, shall address the needs of the child, and the
perceived needs of the parents if the order was entered under
subsection (2)(d) of this section or if specifically agreed to
by the parents. If the parents do not agree or the order was
not entered under subsection (2)(d) of this section the plan
may only make recommendations regarding services in
which the parents may voluntarily participate. If the court
orders the department to prepare a plan, the department shall
(2002 Ed.)
Family Reconciliation Act
provide copies of the plan to the parent, the child, and the
court. If the parties or the court desire the department to be
involved in any future proceedings or case plan development,
the department shall be provided with timely notification of
all court hearings.
(5) A child who fails to comply with a court order
issued under this section shall be subject to contempt
proceedings, as provided in this chapter, but only if the
noncompliance occurs within one year after the entry of the
order.
(6) After the court approves or orders an out-of-home
placement, the parents or the department may request, and
the court may grant, dismissal of the child in need of
services proceeding when it is not feasible for the department to provide services due to one or more of the following
circumstances:
(a) The child has been absent from court approved
placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to
cooperate in available, appropriate intervention aimed at
reunifying the family; or
(c) The department has exhausted all available and
appropriate resources that would result in reunification.
(7) The court shall dismiss a placement made under
subsection (2)(c) of this section upon the request of the
parents. [2000 c 123 § 21; 1997 c 146 § 7; 1996 c 133 §
24; 1995 c 312 § 20.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.180 Out-of-home placement—Court order—
No placement in secure residence. (1) If the court orders
a three-month out-of-home placement for the child, the court
shall specify the person or agency with whom the child shall
be placed, those parental powers which will be temporarily
awarded to such agency or person including but not limited
to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum,
comply with minimum standards for licensed family foster
homes.
(2) No placement made pursuant to this section may be
in a secure residence as defined by the federal Juvenile
Justice and Delinquency Prevention Act of 1974. [1995 c
312 § 23; 1979 c 155 § 32.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.190 Out-of-home placement dispositional
order—Review hearings—Time limitation on out-of-home
placement—Termination of placement at request of
parent. (1) Upon making a dispositional order under RCW
13.32A.179, the court shall schedule the matter on the
calendar for review within three months, advise the parties
of the date thereof, appoint legal counsel and/or a guardian
ad litem to represent the child at the review hearing, advise
parents of their right to be represented by legal counsel at
the review hearing, and notify the parties of their rights to
present evidence at the hearing. Where resources are
(2002 Ed.)
13.32A.179
available, the court shall encourage the parent and child to
participate in programs for reconciliation of their conflict.
(2) At the review hearing, the court shall approve or
disapprove the continuation of the dispositional plan in
accordance with this chapter. The court shall determine
whether reasonable efforts have been made to reunify the
family and make it possible for the child to return home.
The court shall discontinue the placement and order that the
child return home if the court has reasonable grounds to
believe that the parents have made reasonable efforts to
resolve the conflict and the court has reason to believe that
the child’s refusal to return home is capricious. If out-ofhome placement is continued, the court may modify the
dispositional plan.
(3) Out-of-home placement may not be continued past
one hundred eighty days from the day the review hearing
commenced. The court shall order the child to return to the
home of the parent at the expiration of the placement. If an
out-of-home placement is disapproved prior to one hundred
eighty days, the court shall enter an order requiring the child
to return to the home of the child’s parent.
(4) The parents and the department may request, and the
juvenile court may grant, dismissal of an out-of-home
placement order when it is not feasible for the department to
provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved
placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to
cooperate in available, appropriate intervention aimed at
reunifying the family; or
(c) The department has exhausted all available and
appropriate resources that would result in reunification.
(5) The court shall terminate a placement made under
this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).
(6) The court may dismiss a child in need of services
petition filed by a parent at any time if the court finds good
cause to believe that continuation of out-of-home placement
would serve no useful purpose.
(7) The court shall dismiss a child in need of services
proceeding if the child is the subject of a proceeding under
chapter 13.34 RCW. [1996 c 133 § 25; 1995 c 312 § 24;
1989 c 269 § 5; 1984 c 188 § 2; 1981 c 298 § 13; 1979 c
155 § 33.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.191 At-risk youth—Petition by parent. (1)
A child’s parent may file with the juvenile court a petition
in the interest of a child alleged to be an at-risk youth. The
department shall, when requested, assist the parent in filing
the petition. The petition shall be filed in the county where
the petitioner resides. The petition shall set forth the name,
age, and residence of the child and the names and residence
of the child’s parents and shall allege that:
(a) The child is an at-risk youth;
[Title 13 RCW—page 27]
13.32A.191
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(b) The petitioner has the right to legal custody of the
child;
(c) Court intervention and supervision are necessary to
assist the parent to maintain the care, custody, and control of
the child; and
(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not
been attempted.
(2) The petition shall set forth facts that support the
allegations in this section and shall generally request relief
available under this chapter. The petition need not specify
any proposed disposition following adjudication of the
petition. The filing of an at-risk youth petition is not dependent upon the court’s having obtained any prior jurisdiction
over the child or his or her parent and confers upon the court
the special jurisdiction to assist the parent in maintaining
parental authority and responsibility for the child.
(3) A petition may not be filed if a dependency petition
is pending under chapter 13.34 RCW. [2000 c 123 § 22;
1995 c 312 § 25.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.192 At-risk youth petition—Prehearing
procedures. (1) When a proper at-risk youth petition is
filed by a child’s parent under this chapter, the juvenile court
shall:
(a)(i) Schedule a fact-finding hearing to be held: (A)
For a child who resides in a place other than his or her
parent’s home and other than an out-of-home placement,
within five calendar days unless the last calendar day is a
Saturday, Sunday, or holiday, in which case the hearing shall
be held on the preceding judicial day; or (B) for a child
living at home or in an out-of-home placement, within ten
days; and (ii) notify the parent and the child of such date;
(b) Notify the parent of the right to be represented by
counsel at the parent’s own expense;
(c) Appoint legal counsel for the child;
(d) Inform the child and his or her parent of the legal
consequences of the court finding the child to be an at-risk
youth; and
(e) Notify the parent and the child of their rights to
present evidence at the fact-finding hearing.
(2) Unless out-of-home placement of the child is
otherwise authorized or required by law, the child shall
reside in the home of his or her parent or in an out-of-home
placement requested by the parent or child and approved by
the parent.
(3) If upon sworn written or oral declaration of the
petitioning parent, the court has reason to believe that a child
has willfully and knowingly violated a court order issued
pursuant to subsection (2) of this section, the court may
issue an order directing law enforcement to take the child
into custody and place the child in a juvenile detention
facility or in a secure facility within a crisis residential
center. If the child is placed in detention, a review shall be
held as provided in RCW 13.32A.065.
(4) If both a child in need of services petition and an atrisk youth petition have been filed with regard to the same
child, the petitions and proceedings shall be consolidated as
an at-risk youth petition. Pending a fact-finding hearing
regarding the petition, the child may be placed in the
[Title 13 RCW—page 28]
parent’s home or in an out-of-home placement if not already
placed in a temporary out-of-home placement pursuant to a
child in need of services petition. The child or the parent
may request a review of the child’s placement including a
review of any court order requiring the child to reside in the
parent’s home. [1997 c 146 § 8; 1996 c 133 § 26; 1995 c
312 § 26; 1990 c 276 § 12.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
13.32A.194 At-risk youth petition—Court procedures. (1) The court shall hold a fact-finding hearing to
consider a proper at-risk youth petition. The court shall
grant the petition and enter an order finding the child to be
an at-risk youth if the allegations in the petition are established by a preponderance of the evidence, unless the child
is the subject of a proceeding under chapter 13.34 RCW. If
the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or in
an out-of-home placement as provided in RCW
13.32A.192(2).
(2) The court may order the department to submit a
dispositional plan if such a plan would assist the court in
ordering a suitable disposition in the case. If the court
orders the department to prepare a plan, the department shall
provide copies of the plan to the parent, the child, and the
court. If the parties or the court desire the department to be
involved in any future proceedings or case plan development,
the department shall be provided timely notification of all
court hearings.
(3) If the court grants or denies an at-risk youth petition,
a statement of the written reasons shall be entered into the
records. If the court denies an at-risk youth petition, the
court shall verbally advise the parties that the child is
required to remain within the care, custody, and control of
his or her parent. [2000 c 123 § 23; 1996 c 133 § 27; 1995
c 312 § 27; 1990 c 276 § 13.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
13.32A.196 At-risk youth petition—Dispositional
hearing. (1) A dispositional hearing shall be held no later
than fourteen days after the fact-finding hearing. Each party
shall be notified of the time and date of the hearing.
(2) At the dispositional hearing regarding an adjudicated
at-risk youth, the court shall consider the recommendations
of the parties and the recommendations of any dispositional
plan submitted by the department. The court may enter a
dispositional order that will assist the parent in maintaining
the care, custody, and control of the child and assist the
family to resolve family conflicts or problems.
(3) The court may set conditions of supervision for the
child that include:
(a) Regular school attendance;
(2002 Ed.)
Family Reconciliation Act
(b) Counseling;
(c) Participation in a substance abuse or mental health
outpatient treatment program;
(d) Reporting on a regular basis to the department or
any other designated person or agency; and
(e) Any other condition the court deems an appropriate
condition of supervision including but not limited to:
Employment, participation in an anger management program,
and refraining from using alcohol or drugs.
(4) No dispositional order or condition of supervision
ordered by a court pursuant to this section shall include
involuntary commitment of a child for substance abuse or
mental health treatment.
(5) The court may order the parent to participate in
counseling services or any other services for the child
requiring parental participation. The parent shall cooperate
with the court-ordered case plan and shall take necessary
steps to help implement the case plan. The parent shall be
financially responsible for costs related to the court-ordered
plan; however, this requirement shall not affect the eligibility
of the parent or child for public assistance or other benefits
to which the parent or child may otherwise be entitled.
(6) The parent may request dismissal of an at-risk youth
proceeding or out-of-home placement at any time. Upon
such a request, the court shall dismiss the matter and cease
court supervision of the child unless: (a) A contempt action
is pending in the case; (b) a petition has been filed under
RCW 13.32A.150 and a hearing has not yet been held under
RCW 13.32A.179; or (c) an order has been entered under
RCW 13.32A.179(3) and the court retains jurisdiction under
that subsection. The court may retain jurisdiction over the
matter for the purpose of concluding any pending contempt
proceedings, including the full satisfaction of any penalties
imposed as a result of a contempt finding.
(7) The court may order the department to monitor
compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit
reports at subsequent review hearings regarding the status of
the case. [2000 c 123 § 24; 1995 c 312 § 28; 1991 c 364 §
14; 1990 c 276 § 14.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
13.32A.197 Disposition hearing—Additional orders
for specialized treatment—Review hearings—
Limitation—Use of state funds. (1) In a disposition
hearing, after a finding that a child is a child in need of
services or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the
child involved in those proceedings is not eligible for
inpatient treatment for a mental health or substance abuse
condition and requires specialized treatment. The court may
order that a child be placed in a staff secure facility, other
than a crisis residential center, that will provide for the
child’s participation in a program designed to remedy his or
her behavioral difficulties or needs. The court may not enter
this order unless, at the disposition hearing, it finds that the
placement is clearly necessary to protect the child and that
(2002 Ed.)
13.32A.196
a less restrictive order would be inadequate to protect the
child, given the child’s age, maturity, propensity to run away
from home, past exposure to serious risk when the child ran
away from home, and possible future exposure to serious
risk should the child run away from home again.
(2) The order shall require periodic court review of the
placement, with the first review hearing conducted not more
than thirty days after the date of the placement. At each
review hearing the court shall advise the parents of their
rights under RCW 13.32A.160(1), review the progress of the
child, and determine whether the orders are still necessary
for the protection of the child or a less restrictive placement
would be adequate. The court shall modify its orders as it
finds necessary to protect the child. Reviews of orders
adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198 [13.32A.198].
(3) Placements in staff secure facilities under this
section shall be limited to children who meet the statutory
definition of a child in need of services or an at-risk youth
as defined in RCW 13.32A.030.
(4) State funds may only be used to pay for placements
under this section if, and to the extent that, such funds are
appropriated to expressly pay for them. [1996 c 133 § 3.]
Findings—1996 c 133: "The legislature finds that no children should
be exposed to the dangers inherent in living on the streets. The legislature
further finds that there are children who are not mentally ill or chemically
dependent who are living on the street in dangerous situations. These
children through their at-risk behavior place themselves at great personal
risk and danger. The legislature further finds that these children with at-risk
behaviors should receive treatment for their problems that result in excessive
opposition to parental authority." [1996 c 133 § 1.]
Short title—1996 c 133: "This act shall be known and cited as the
"Becca Too" bill." [1996 c 133 § 2.]
Intent—Construction—1996 c 133: "It is the intent of the legislature
that the changes in this act be construed to expedite the administrative and
judicial processes provided for in the existing and amended statutes to assist
in assuring that children placed in a crisis residential center have an
appropriate placement available to them at the conclusion of their stay at the
center." [1996 c 133 § 38.]
13.32A.198 At-risk youth—Review by court. (1)
Upon making a disposition regarding an adjudicated at-risk
youth, the court shall schedule the matter on the calendar for
review within three months, advise the parties of the date
thereof, appoint legal counsel for the child, advise the parent
of the right to be represented by legal counsel at the review
hearing at the parent’s own expense, and notify the parties
of their rights to present evidence at the hearing.
(2) At the review hearing, the court shall approve or
disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the
care, custody, and control of the child. The court shall
determine whether the parent and child are complying with
the dispositional plan. If court supervision is continued, the
court may modify the dispositional plan.
(3) Court supervision of the child may not be continued
past one hundred eighty days from the day the review
hearing commenced unless the court finds, and the parent
agrees, that there are compelling reasons for an extension of
supervision. Any extension granted pursuant to this subsection shall not exceed ninety days.
(4) The court may dismiss an at-risk youth proceeding
at any time if the court finds good cause to believe that
continuation of court supervision would serve no useful
[Title 13 RCW—page 29]
13.32A.198
Title 13 RCW: Juvenile Courts and Juvenile Offenders
purpose or that the parent is not cooperating with the courtordered case plan. The court shall dismiss an at-risk youth
proceeding if the child is the subject of a proceeding under
chapter 13.34 RCW. [1990 c 276 § 15.]
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
13.32A.200 Hearings under chapter—Time or
place—Public excluded. All hearings pursuant to this
chapter may be conducted at any time or place within the
county of the residence of the parent and such cases shall
not be heard in conjunction with the business of any other
division of the superior court. The public shall be excluded
from hearings and only such persons who are found by the
court to have a direct interest in the case or the work of the
court shall be admitted to the proceedings. [2000 c 123 §
25; 1979 c 155 § 34.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.32A.205 Acceptance of petitions by court—
Damages. No superior court may refuse to accept for filing
a properly completed and presented child in need of services
petition or an at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment
required under RCW 13.32A.150 has been completed. In
the event of an improper refusal that is appealed and
reversed, the petitioner shall be awarded actual damages,
costs, and attorneys’ fees. [1995 c 312 § 32.]
Short title—1995 c 312: See note following RCW 13.32A.010.
13.32A.210 Foster home placement—Parental
preferences. In an attempt to minimize the inherent
intrusion in the lives of families involved in the foster care
system and to maintain parental authority where appropriate,
the department, absent good cause, shall follow the wishes
of the natural parent regarding the placement of the child.
Preferences such as family constellation, ethnicity, and
religion shall be given consideration when matching children
to foster homes. Parental authority is appropriate in areas
that are not connected with the abuse or neglect that resulted
in the dependency and should be integrated through the
foster care team. [1990 c 284 § 24.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
13.32A.250 Failure to comply with order as civil
contempt—Motion—Penalties. (1) In all child in need of
services proceedings and at-risk youth proceedings, the court
shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the
terms of a court order entered pursuant to this chapter.
Except as otherwise provided in this section, the court shall
treat the parents and the child equally for the purposes of
applying contempt of court processes and penalties under
this section.
(2) Failure by a party to comply with an order entered
under this chapter is a civil contempt of court as provided in
RCW 7.21.030(2)(e), subject to the limitations of subsection
(3) of this section.
[Title 13 RCW—page 30]
(3) The court may impose remedial sanctions including
a fine of up to one hundred dollars and confinement for up
to seven days, or both for contempt of court under this
section.
(4) A child placed in confinement for contempt under
this section shall be placed in confinement only in a secure
juvenile detention facility operated by or pursuant to a
contract with a county.
(5) A motion for contempt may be made by a parent, a
child, juvenile court personnel, or by any public agency,
organization, or person having custody of the child under a
court order adopted pursuant to this chapter.
(6) Whenever the court finds probable cause to believe,
based upon consideration of a motion for contempt and the
information set forth in a supporting declaration, that a child
has violated a placement order entered under this chapter,
the court may issue an order directing law enforcement to
pick up and take the child to detention. The order may be
entered ex parte without prior notice to the child or other
parties. Following the child’s admission to detention, a
detention review hearing must be held in accordance with
RCW 13.32A.065. [2000 c 162 § 14; 2000 c 162 § 4; 1998
c 296 § 37; 1996 c 133 § 28; 1995 c 312 § 29; 1990 c 276
§ 16. Prior: 1989 c 373 § 16; 1989 c 269 § 4; 1981 c 298
§ 14.]
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See
notes following RCW 13.32A.020.
Severability—1989 c 373: See RCW 7.21.900.
Severability—1981 c 298: See note following RCW 13.32A.040.
13.32A.300 No entitlement to services created by
chapter. Nothing in this chapter shall be construed to create
an entitlement to services nor to create judicial authority to
order the provision at public expense of services to any
person or family where the department has determined that
such services are unavailable or unsuitable or that the child
or family are not eligible for such services. [1995 c 312 §
43.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Chapter 13.34
JUVENILE COURT ACT—DEPENDENCY AND
TERMINATION OF PARENT-CHILD
RELATIONSHIP
Sections
13.34.010
13.34.020
13.34.025
13.34.030
13.34.040
Short title.
Legislative declaration of family unit as resource to be nurtured—Rights of child.
Child dependency cases—Coordination of services.
Definitions.
Petition to court to deal with dependent child.
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
13.34.050
13.34.055
13.34.060
13.34.062
13.34.065
13.34.067
13.34.070
13.34.080
13.34.090
13.34.092
13.34.094
13.34.100
13.34.102
13.34.105
13.34.107
13.34.108
13.34.110
13.34.115
13.34.120
13.34.125
13.34.130
13.34.132
13.34.134
13.34.136
13.34.138
13.34.142
13.34.145
13.34.150
13.34.155
13.34.160
13.34.161
13.34.165
13.34.174
13.34.176
13.34.180
13.34.190
13.34.200
13.34.210
13.34.230
13.34.231
13.34.232
13.34.233
13.34.234
(2002 Ed.)
Court order to take child into custody, when—Hearing.
Custody by law enforcement officer—Release from liability.
Shelter care—Placement—Notice of custody and rights to be
given to parties.
Shelter care—Notice of custody and rights.
Shelter care—Recommendation as to further need—Release.
Shelter care—Case conference—Service agreement.
Summons when petition filed—Service procedure—Hearing,
when—Contempt upon failure to appear.
Summons when petition filed—Publication of notice.
Rights under chapter proceedings.
Rights under chapter proceedings—Appointment of counsel—Notice.
Description of services provided to parents.
Appointment of guardian ad litem—Background information—Rights—Appointment of counsel for child—
Review.
Guardian ad litem—Training—Registry—Selection—
Substitution—Exception.
Guardian ad litem—Duties—Immunity—Access to information.
Guardian ad litem—Ex parte communications—Removal.
Guardian ad litem—Fees.
Hearings—Fact-finding and disposition—Time and place,
notice.
Hearings—Public excluded—Notes and records.
Social study and reports made available at disposition hearing—Contents—Notice to parents.
Voluntary adoption plan—Consideration of preferences for
proposed placement.
Order of disposition for a dependent child, alternatives—
Petition seeking termination of parent-child relationship—Contact with siblings—Placement with relatives.
Petition seeking termination of parent-child relationship—
Requirements.
Permanent placement of child.
Permanency plan of care.
Review hearings—Findings—Housing assistance.
Current placement episode—Calculation.
Permanency plan required—Permanency planning hearing—
Time limits—Review hearing—Petition for termination
of parental rights—Guardianship petition—Agency
responsibility to provide services to parents—Due process rights.
Modification of orders.
Concurrent jurisdiction over nonparental actions for child
custody.
Order of support for dependent child.
Order of support for dependent child—Noncompliance—
Enforcement of judgment.
Civil contempt—Grounds—Motion—Penalty—Detention
review hearing.
Order of alcohol or substance abuse diagnostic investigation
and evaluation—Treatment plan—Breach of plan—
Reports.
Violation of alcohol or substance abuse treatment conditions—Hearing—Notice—Modification of order.
Order terminating parent and child relationship—Petition—
Filing—Allegations.
Order terminating parent and child relationship—Findings.
Order terminating parent and child relationship—Rights of
parties when granted.
Order terminating parent and child relationship—Custody
where no one has parental rights.
Guardianship for dependent child—Petition for—Notice to,
intervention by, department.
Guardianship for dependent child—Hearing—Rights of parties—Rules of evidence—Guardianship established,
when.
Guardianship for dependent child—Order, contents—Rights
and duties of dependency guardian.
Guardianship for dependent child—Modification or termination of order—Hearing—Termination of guardianship.
Guardianship for dependent child—Dependency guardian
may receive foster care payments.
Chapter 13.34
13.34.235
Guardianship for dependent child—Review hearing requirements not applicable—Exception.
13.34.236 Guardianship for dependent child—Qualifications for dependency guardian—Consideration of preferences of parent.
13.34.240 Acts, records, and proceedings of Indian tribe or band given
full faith and credit.
13.34.245 Voluntary consent to foster care placement for Indian
child—Validation—Withdrawal of consent—
Termination.
13.34.250 Preference characteristics when placing Indian child in foster
care home.
13.34.260 Foster home placement—Parental preferences.
13.34.270 Child with developmental disability—Out-of-home placement—Permanency planning hearing.
13.34.300 Relevance of failure to cause juvenile to attend school to
neglect petition.
13.34.320 Inpatient mental health treatment—When parental consent
required—Hearing.
13.34.330 Inpatient mental health treatment—Placement.
13.34.340 Release of records—Disclosure to treating physician.
13.34.350 Dependent children—Information sharing—Guidelines.
13.34.360 Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—
Definitions.
13.34.800 Drug-affected and alcohol-affected infants—Model project.
13.34.801 Rules—Definition of "drug-affected infant."
13.34.802 Rules—Definition of "alcohol-affected infant."
13.34.803 Drug-affected and alcohol-affected infants—Comprehensive
plan—Report.
13.34.805 Drug-affected infants—Study.
13.34.8051 Drug-affected infants—Study—Alcohol-affected infants to
be included.
13.34.810 Implementation of chapter 314, Laws of 1998.
Family preservation services: Chapter 74.14C RCW.
Foster placement prevention: Chapter 74.14C RCW.
Implementation of chapters 13.32A and 13.34 RCW—Report to local
governments: RCW 74.13.036.
Information about rights: RCW 26.44.100 through 26.44.120.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Out-of-home care—Social study required: RCW 74.13.065.
Out-of-home placement: RCW 13.32A.140 through 13.32A.190.
Procedures for families in conflict, interstate compact to apply, when:
RCW 13.32A.110.
Therapeutic family home program for youth in custody under chapter 13.34
RCW: RCW 74.13.170.
Transitional living programs for youth in the process of being emancipated:
RCW 74.13.037.
13.34.010 Short title. This chapter shall be known as
the "Juvenile Court Act in Cases Relating to Dependency of
a Child and the Termination of a Parent and Child Relationship". [1977 ex.s. c 291 § 29.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.020 Legislative declaration of family unit as
resource to be nurtured—Rights of child. The legislature
declares that the family unit is a fundamental resource of
American life which should be nurtured. Toward the
continuance of this principle, the legislature declares that the
family unit should remain intact unless a child’s right to
conditions of basic nurture, health, or safety is jeopardized.
When the rights of basic nurture, physical and mental health,
and safety of the child and the legal rights of the parents are
in conflict, the rights and safety of the child should prevail.
In making reasonable efforts under this chapter, the child’s
health and safety shall be the paramount concern. The right
of a child to basic nurturing includes the right to a safe,
[Title 13 RCW—page 31]
13.34.020
Title 13 RCW: Juvenile Courts and Juvenile Offenders
stable, and permanent home and a speedy resolution of any
proceeding under this chapter. [1998 c 314 § 1; 1990 c 284
§ 31; 1987 c 524 § 2; 1977 ex.s. c 291 § 30.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.025 Child dependency cases—Coordination of
services. The department of social and health services shall
develop methods for coordination of services to parents and
children in child dependency cases. To the maximum extent
possible under current funding levels, the department must:
(1) Coordinate and integrate services to children and
families, using service plans and activities that address the
children’s and families’ multiple needs, including ensuring
that siblings have regular visits with each other, as appropriate. Assessment criteria should screen for multiple needs;
(2) Develop treatment plans for the individual needs of
the client in a manner that minimizes the number of contacts
the client is required to make; and
(3) Access training for department staff to increase skills
across disciplines to assess needs for mental health, substance abuse, developmental disabilities, and other areas.
[2002 c 52 § 2; 2001 c 256 § 2.]
Intent—2002 c 52: "It is the intent of the legislature to recognize that
those sibling relationships a child has are an integral aspect of the family
unit, which should be nurtured. The legislature presumes that nurturing the
existing sibling relationships is in the best interest of a child, in particular
in those situations where a child cannot be with their parents, guardians, or
legal custodians as a result of court intervention." [2002 c 52 § 1.]
Finding—2001 c 256: "The department of social and health services
serves parents and children with multiple needs, which cannot be resolved
in isolation. Further, the complexity of service delivery systems is a barrier
for families in crisis when a child is removed or a parent is removed from
the home. The department must undertake efforts to streamline the delivery
of services." [2001 c 256 § 1.]
13.34.030 Definitions. For purposes of this chapter:
(1) "Abandoned" means when the child’s parent,
guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period,
parental rights or responsibilities despite an ability to
exercise such rights and responsibilities. If the court finds
that the petitioner has exercised due diligence in attempting
to locate the parent, no contact between the child and the
child’s parent, guardian, or other custodian for a period of
three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under
the age of eighteen years.
(3) "Current placement episode" means the period of
time that begins with the most recent date that the child was
removed from the home of the parent, guardian, or legal
custodian for purposes of placement in out-of-home care and
continues until: (a) The child returns home; (b) an adoption
decree, a permanent custody order, or guardianship order is
entered; or (c) the dependency is dismissed, whichever
occurs first.
(4) "Dependency guardian" means the person, nonprofit
corporation, or Indian tribe appointed by the court pursuant
to this chapter for the limited purpose of assisting the court
in the supervision of the dependency.
[Title 13 RCW—page 32]
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44
RCW by a person legally responsible for the care of the
child; or
(c) Has no parent, guardian, or custodian capable of
adequately caring for the child, such that the child is in
circumstances which constitute a danger of substantial
damage to the child’s psychological or physical development.
(6) "Developmental disability" means a disability
attributable to mental retardation, cerebral palsy, epilepsy,
autism, or another neurological or other condition of an
individual found by the secretary to be closely related to
mental retardation or to require treatment similar to that
required for individuals with mental retardation, which
disability originates before the individual attains age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial handicap to
the individual.
(7) "Guardian" means the person or agency that: (a)
Has been appointed as the guardian of a child in a legal
proceeding other than a proceeding under this chapter; and
(b) has the legal right to custody of the child pursuant to
such appointment. The term "guardian" shall not include a
"dependency guardian" appointed pursuant to a proceeding
under this chapter.
(8) "Guardian ad litem" means a person, appointed by
the court to represent the best interests of a child in a
proceeding under this chapter, or in any matter which may
be consolidated with a proceeding under this chapter. A
"court-appointed special advocate" appointed by the court to
be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem,
shall be deemed to be guardian ad litem for all purposes and
uses of this chapter.
(9) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by
the superior court of the county in which such proceeding is
filed, to manage all aspects of volunteer guardian ad litem
representation for children alleged or found to be dependent.
Such management shall include but is not limited to:
Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(10) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public
assistance: Temporary assistance for needy families, general
assistance, poverty-related veterans’ benefits, food stamps or
food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security
income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one
hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(11) "Out-of-home care" means placement in a foster
family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
of the child’s parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(12) "Preventive services" means preservation services,
as defined in chapter 74.14C RCW, and other reasonably
available services, including housing services, capable of
preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not
limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications,
or financial subsidies for housing.
(13) "Shelter care" means temporary physical care in a
facility licensed pursuant to RCW 74.15.030 or in a home
not required to be licensed pursuant to RCW 74.15.030.
(14) "Social study" means a written evaluation of
matters relevant to the disposition of the case and shall
contain the following information:
(a) A statement of the specific harm or harms to the
child that intervention is designed to alleviate;
(b) A description of the specific services and activities,
for both the parents and child, that are needed in order to
prevent serious harm to the child; the reasons why such
services and activities are likely to be useful; the availability
of any proposed services; and the agency’s overall plan for
ensuring that the services will be delivered. The description
shall identify the services chosen and approved by the
parent;
(c) If removal is recommended, a full description of the
reasons why the child cannot be protected adequately in the
home, including a description of any previous efforts to
work with the parents and the child in the home; the inhome treatment programs that have been considered and
rejected; the preventive services that have been offered or
provided and have failed to prevent the need for out-of-home
placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home; and the parents’
attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer
as a result of removal;
(e) A description of the steps that will be taken to
minimize the harm to the child that may result if separation
occurs including an assessment of the child’s relationship
and emotional bond with any siblings, and the agency’s plan
to provide ongoing contact between the child and the child’s
siblings if appropriate; and
(f) Behavior that will be expected before determination
that supervision of the family or placement is no longer
necessary. [2002 c 52 § 3; 2000 c 122 § 1; 1999 c 267 § 6;
1998 c 130 § 1; 1997 c 386 § 7; 1995 c 311 § 23; 1994 c
288 § 1; 1993 c 241 § 1; 1988 c 176 § 901; 1987 c 524 § 3;
1983 c 311 § 2; 1982 c 129 § 4; 1979 c 155 § 37; 1977
ex.s. c 291 § 31.]
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Conflict with federal requirements—1993 c 241: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to the
agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the
state." [1993 c 241 § 5.]
(2002 Ed.)
13.34.030
Severability—1988 c 176: See RCW 71A.10.900.
Legislative finding—1983 c 311: "The legislature finds that in order
for the state to receive federal funds for family foster care under Title IV-B
and Title IV-E of the social security act, all children in family foster care
must be subjected to periodic court review. Unfortunately, this includes
children who are developmentally disabled and who are placed in family
foster care solely because their parents have determined that the children’s
service needs require out-of-home placement. Except for providing such
needed services, the parents of these children are completely competent to
care for the children. The legislature intends by this act to minimize the
embarrassment and inconvenience of developmentally disabled persons and
their families caused by complying with these federal requirements." [1983
c 311 § 1.]
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.040 Petition to court to deal with dependent
child. (1) Any person may file with the clerk of the
superior court a petition showing that there is within the
county, or residing within the county, a dependent child and
requesting that the superior court deal with such child as
provided in this chapter. There shall be no fee for filing
such petitions.
(2) In counties having paid probation officers, these
officers shall, to the extent possible, first determine if a
petition is reasonably justifiable. Each petition shall be
verified and contain a statement of facts constituting a
dependency, and the names and residence, if known to the
petitioner, of the parents, guardian, or custodian of the
alleged dependent child. [2000 c 122 § 2; 1977 ex.s. c 291
§ 32; 1913 c 160 § 5; RRS § 1987-5. Formerly RCW
13.04.060.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.050 Court order to take child into custody,
when—Hearing. (1) The court may enter an order directing
a law enforcement officer, probation counselor, or child
protective services official to take a child into custody if:
(a) A petition is filed with the juvenile court alleging that the
child is dependent and that the child’s health, safety, and
welfare will be seriously endangered if not taken into
custody; (b) an affidavit or declaration is filed by the
department in support of the petition setting forth specific
factual information evidencing reasonable grounds that the
child’s health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the
grounds set forth demonstrates a risk of imminent harm to
the child. "Imminent harm" for purposes of this section
shall include, but not be limited to, circumstances of sexual
abuse, or sexual exploitation as defined in RCW 26.44.020;
and (c) the court finds reasonable grounds to believe the
child is dependent and that the child’s health, safety, and
welfare will be seriously endangered if not taken into
custody.
(2) Any petition that does not have the necessary
affidavit or declaration demonstrating a risk of imminent
harm requires that the parents are provided notice and an
opportunity to be heard before the order may be entered.
(3) The petition and supporting documentation must be
served on the parent, and if the child is in custody at the
[Title 13 RCW—page 33]
13.34.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
time the child is removed, on the entity with custody other
than the parent. Failure to effect service does not invalidate
the petition if service was attempted and the parent could not
be found. [2000 c 122 § 3; 1998 c 328 § 1; 1979 c 155 §
38; 1977 ex.s. c 291 § 33.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.055 Custody by law enforcement officer—
Release from liability. (1) A law enforcement officer shall
take into custody a child taken in violation of RCW
9A.40.060 or 9A.40.070. The law enforcement officer shall
make every reasonable effort to avoid placing additional
trauma on the child by obtaining such custody at times and
in a manner least disruptive to the child. The law enforcement officer shall return the child to the person or
agency having the right to physical custody unless the officer
has reasonable grounds to believe the child should be taken
into custody under RCW 13.34.050 or 26.44.050. If there is
no person or agency having the right to physical custody
available to take custody of the child, the officer may place
the child in shelter care as provided in RCW 13.34.060.
(2) A law enforcement officer or public employee acting
reasonably and in good faith shall not be held liable in any
civil action for returning the child to a person having the
apparent right to physical custody. [1984 c 95 § 4.]
Severability—1984 c 95: See note following RCW 9A.40.060.
13.34.060 Shelter care—Placement—Notice of
custody and rights to be given to parties. (1) A child
taken into custody pursuant to RCW 13.34.050 or 26.44.050
shall be immediately placed in shelter care. A child taken
by a relative of the child in violation of RCW 9A.40.060 or
9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055.
(a) Unless there is reasonable cause to believe that the
health, safety, or welfare of the child would be jeopardized
or that the efforts to reunite the parent and child will be
hindered, priority placement for a child in shelter care shall
be with any person described in RCW 74.15.020(2)(a). The
person must be willing and available to care for the child
and be able to meet any special needs of the child. The
person must be willing to facilitate the child’s visitation with
siblings, if such visitation is part of the supervising agency’s
plan or is ordered by the court. If a child is not initially
placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources
to place the child with a relative on the next business day
after the child is taken into custody. The supervising agency
shall document its effort to place the child with a relative
pursuant to this section. Nothing within this subsection
(1)(a) establishes an entitlement to services or a right to a
particular placement.
(b) Whenever a child is taken into custody pursuant to
this section, the supervising agency may authorize evaluations of the child’s physical or emotional condition, routine
medical and dental examination and care, and all necessary
emergency care. In no case may a child who is taken into
custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050
[Title 13 RCW—page 34]
be detained in a secure detention facility. No child may be
held longer than seventy-two hours, excluding Saturdays,
Sundays and holidays, after such child is taken into custody
unless a court order has been entered for continued shelter
care. The child and his or her parent, guardian, or custodian
shall be informed that they have a right to a shelter care
hearing. The court shall hold a shelter care hearing within
seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent,
guardian, or legal custodian desires to waive the shelter care
hearing, the court shall determine, on the record and with the
parties present, whether such waiver is knowing and voluntary.
(2) Whenever a child is taken into custody by child
protective services pursuant to a court order issued under
RCW 13.34.050 or when child protective services is notified
that a child has been taken into custody pursuant to RCW
26.44.050 or 26.44.056, child protective services shall make
reasonable efforts to inform the parents, guardian, or legal
custodian of the fact that the child has been taken into
custody, the reasons why the child was taken into custody,
and their legal rights under this title as soon as possible and
in no event shall notice be provided more than twenty-four
hours after the child has been taken into custody or twentyfour hours after child protective services has been notified
that the child has been taken into custody. The notice of
custody and rights may be given by any means reasonably
certain of notifying the parents including, but not limited to,
written, telephone, or in person oral notification. If the
initial notification is provided by a means other than writing,
child protective services shall make reasonable efforts to also
provide written notification. [2002 c 52 § 4; 2000 c 122 §
4; 1999 c 17 § 2; 1998 c 328 § 2; 1990 c 246 § 1; 1987 c
524 § 4. Prior: 1984 c 188 § 3; 1984 c 95 § 5; 1983 c 246
§ 1; 1982 c 129 § 5; 1979 c 155 § 39; 1977 ex.s. c 291 §
34.]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—1999 c 17: "The legislature has found that any intervention
into the life of a child is also an intervention in the life of the parent,
guardian, or legal custodian, and that the bond between child and parent is
a critical element of child development. The legislature now also finds that
children who cannot be with their parents, guardians, or legal custodians are
best cared for, whenever possible and appropriate by family members with
whom they have a relationship. This is particularly important when a child
cannot be in the care of a parent, guardian, or legal custodian as a result of
a court intervention." [1999 c 17 § 1.]
Severability—1990 c 246: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 246 § 11.]
Severability—1984 c 95: See note following RCW 9A.40.060.
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.062 Shelter care—Notice of custody and
rights. (1) The written notice of custody and rights required
by RCW 13.34.060 shall be in substantially the following
form:
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
"NOTICE
13.34.062
Your child has been placed in temporary custody under
the supervision of Child Protective Services (or other person
or agency). You have important legal rights and you must
take steps to protect your interests.
1. A court hearing will be held before a judge within 72
hours of the time your child is taken into custody excluding
Saturdays, Sundays, and holidays. You should call the court
at (insert appropriate phone number here) for specific
information about the date, time, and location of the court
hearing.
2. You have the right to have a lawyer represent you at
the hearing. Your right to representation continues after the
shelter care hearing. You have the right to records the
department intends to rely upon. A lawyer can look at the
files in your case, talk to child protective services and other
agencies, tell you about the law, help you understand your
rights, and help you at hearings. If you cannot afford a
lawyer, the court will appoint one to represent you. To get
a court-appointed lawyer you must contact:
(explain local
procedure) .
3. At the hearing, you have the right to speak on your
own behalf, to introduce evidence, to examine witnesses, and
to receive a decision based solely on the evidence presented
to the judge.
4. If your hearing occurs before a court commissioner,
you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that
review, you must, within ten days after the entry of the
decision of the court commissioner, file with the court a
motion for revision of the decision, as provided in RCW
2.24.050.
You should be present at any shelter care hearing. If
you do not come, the judge will not hear what you have to
say.
You may call the Child Protective Services’ caseworker
for more information about your child. The caseworker’s
name and telephone number are:
(insert name and
telephone number) .
5. You may request that the department facilitate a case
conference to develop a written service agreement following
the shelter care hearing. The service agreement may not
conflict with the court’s order of shelter care. You may
request that a multidisciplinary team, family group conference, prognostic staffing, or case conference be convened for
your child’s case. You may participate in these processes
with your counsel present."
Upon receipt of the written notice, the parent, guardian,
or legal custodian shall acknowledge such notice by signing
a receipt prepared by child protective services. If the parent,
guardian, or legal custodian does not sign the receipt, the
reason for lack of a signature shall be written on the receipt.
The receipt shall be made a part of the court’s file in the
dependency action.
If after making reasonable efforts to provide notification,
child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice
shall be delivered or sent to the last known address of the
parent, guardian, or legal custodian.
(2) If child protective services is not required to give
notice under RCW 13.34.060(2) and subsection (1) of this
section, the juvenile court counselor assigned to the matter
shall make all reasonable efforts to advise the parents,
guardian, or legal custodian of the time and place of any
shelter care hearing, request that they be present, and inform
them of their basic rights as provided in RCW 13.34.090.
(3) Reasonable efforts to advise and to give notice, as
required in RCW 13.34.060(2) and subsections (1) and (2)
of this section, shall include, at a minimum, investigation of
the whereabouts of the parent, guardian, or legal custodian.
If such reasonable efforts are not successful, or the parent,
guardian, or legal custodian does not appear at the shelter
care hearing, the petitioner shall testify at the hearing or
state in a declaration:
(a) The efforts made to investigate the whereabouts of,
and to advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom
it was made, and how it was made, including the substance
of any oral communication or copies of written materials
used.
(4) The court shall hear evidence regarding notice given
to, and efforts to notify, the parent, guardian, or legal
custodian and shall examine the need for shelter care. The
court shall hear evidence regarding the efforts made to place
the child with a relative. The court shall make an express
finding as to whether the notice required under RCW
13.34.060(2) and subsections (1) and (2) of this section was
given to the parent, guardian, or legal custodian. All parties
have the right to present testimony to the court regarding the
need or lack of need for shelter care. Hearsay evidence
before the court regarding the need or lack of need for
shelter care must be supported by sworn testimony, affidavit,
or declaration of the person offering such evidence.
(5) A shelter care order issued pursuant to RCW
13.34.065 may be amended at any time with notice and
hearing thereon. The shelter care decision of placement
shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer
than thirty days without an order, signed by the judge, authorizing continued shelter care.
(6) Any parent, guardian, or legal custodian who for
good cause is unable to attend the initial shelter care hearing
may request that a subsequent shelter care hearing be
scheduled. The request shall be made to the clerk of the
court where the petition is filed prior to the initial shelter
care hearing. Upon the request of the parent, the court shall
schedule the hearing within seventy-two hours of the request,
excluding Saturdays, Sundays, and holidays. The clerk shall
notify all other parties of the hearing by any reasonable
means. [2001 c 332 § 2; 2000 c 122 § 5.]
13.34.065 Shelter care—Recommendation as to
further need—Release. (1) The juvenile court probation
counselor shall submit a recommendation to the court as to
the further need for shelter care unless the petition has been
filed by the department, in which case the recommendation
shall be submitted by the department.
(2) The court shall release a child alleged to be dependent to the care, custody, and control of the child’s parent,
guardian, or legal custodian unless the court finds there is
reasonable cause to believe that:
(2002 Ed.)
[Title 13 RCW—page 35]
13.34.065
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(a) After consideration of the specific services that have
been provided, reasonable efforts have been made to prevent
or eliminate the need for removal of the child from the
child’s home and to make it possible for the child to return
home; and
(b)(i) The child has no parent, guardian, or legal
custodian to provide supervision and care for such child; or
(ii) The release of such child would present a serious
threat of substantial harm to such child; or
(iii) The parent, guardian, or custodian to whom the
child could be released has been charged with violating
RCW 9A.40.060 or 9A.40.070.
If the court does not release the child to his or her
parent, guardian, or legal custodian, and the child was
initially placed with a relative pursuant to RCW
13.34.060(1), the court shall order continued placement with
a relative, unless there is reasonable cause to believe the
health, safety, or welfare of the child would be jeopardized.
If the child was not initially placed with a relative, and the
court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make
reasonable efforts to locate a relative pursuant to RCW
13.34.060(1). If a relative is not available, the court shall
order continued shelter care or order placement with another
suitable person, and the court shall set forth its reasons for
the order. The court shall enter a finding as to whether
RCW 13.34.060(2) and subsections (1) and (2) of this
section have been complied with. If actual notice was not
given to the parent, guardian, or legal custodian and the
whereabouts of such person is known or can be ascertained,
the court shall order the supervising agency or the department of social and health services to make reasonable efforts
to advise the parent, guardian, or legal custodian of the
status of the case, including the date and time of any
subsequent hearings, and their rights under RCW 13.34.090.
(3) An order releasing the child on any conditions
specified in this section may at any time be amended, with
notice and hearing thereon, so as to return the child to
shelter care for failure of the parties to conform to the conditions originally imposed.
The court shall consider whether nonconformance with
any conditions resulted from circumstances beyond the
control of the parent and give weight to that fact before
ordering return of the child to shelter care.
(4) If a child is returned home from shelter care a
second time in the case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be
reconvened.
(5) If a child is returned home from shelter care a
second time in the case a law enforcement officer must be
present and file a report to the department. [2001 c 332 §
3; 2000 c 122 § 7.]
13.34.067 Shelter care—Case conference—Service
agreement. (1) Following shelter care and no later than
twenty-five days prior to fact-finding, the department, upon
the parent’s request or counsel for the parent’s request, shall
facilitate a conference to develop and specify in a written
service agreement the expectations of both the department
and the parent regarding the care and placement of the child.
[Title 13 RCW—page 36]
The department shall invite to the conference the parent,
counsel for the parent, the foster parent or other out-of-home
care provider, caseworker, guardian ad litem, counselor, or
other relevant health care provider, and any other person
connected to the development and well-being of the child.
The initial written service agreement expectations must
correlate with the court’s findings at the shelter care hearing.
The written service agreement must set forth specific criteria
that enables the court to measure the performance of both
the department and the parent, and must be updated throughout the dependency process to reflect changes in expectations. The service agreement must serve as the unifying
document for all expectations established in the department’s
various case planning and case management documents and
the findings and orders of the court during dependency
proceedings.
The court shall review the written service agreement at
each stage of the dependency proceedings and evaluate the
performance of both the department and the parent for
consistent, measurable progress in complying with the
expectations identified in the agreement.
The case conference agreement must be agreed to and
signed by the parties. The court shall not consider the
content of the discussions at the case conference at the time
of the fact-finding hearing for the purposes of establishing
that the child is a dependent child, and the court shall not
consider any documents or written materials presented at the
case conference but not incorporated into the case conference
agreement, unless the documents or written materials were
prepared for purposes other than or as a result of the case
conference and are otherwise admissible under the rules of
evidence.
(2) At any other stage in a dependency proceeding, the
department, upon the parent’s request, shall facilitate a case
conference. [2001 c 332 § 1.]
13.34.070 Summons when petition filed—Service
procedure—Hearing, when—Contempt upon failure to
appear. (1) Upon the filing of the petition, the clerk of the
court shall issue a summons, one directed to the child, if the
child is twelve or more years of age, and another to the
parents, guardian, or custodian, and such other persons as
appear to the court to be proper or necessary parties to the
proceedings, requiring them to appear personally before the
court at the time fixed to hear the petition. If the child is
developmentally disabled and not living at home, the notice
shall be given to the child’s custodian as well as to the
child’s parent. The developmentally disabled child shall not
be required to appear unless requested by the court. When
the custodian is summoned, the parent or guardian or both
shall also be served with a summons. The fact-finding
hearing on the petition shall be held no later than seventyfive days after the filing of the petition, unless exceptional
reasons for a continuance are found. The party requesting
the continuance shall have the burden of proving by a
preponderance of the evidence that exceptional circumstances
exist. To ensure that the hearing on the petition occurs
within the seventy-five day time limit, the court shall
schedule and hear the matter on an expedited basis.
(2) A copy of the petition shall be attached to each
summons.
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(3) The summons shall advise the parties of the right to
counsel. The summons shall also inform the child’s parent,
guardian, or legal custodian of his or her right to appointed
counsel, if indigent, and of the procedure to use to secure
appointed counsel.
(4) The summons shall advise the parents that they may
be held responsible for the support of the child if the child
is placed in out-of-home care.
(5) The judge may endorse upon the summons an order
directing any parent, guardian, or custodian having the
custody or control of the child to bring the child to the
hearing.
(6) If it appears from affidavit or sworn statement
presented to the judge that there is probable cause for the
issuance of a warrant of arrest or that the child needs to be
taken into custody pursuant to RCW 13.34.050, the judge
may endorse upon the summons an order that an officer
serving the summons shall at once take the child into
custody and take him or her to the place of shelter designated by the court.
(7) If the person summoned as provided in this section
is subject to an order of the court pursuant to subsection (5)
or (6) of this section, and if the person fails to abide by the
order, he or she may be proceeded against as for contempt
of court. The order endorsed upon the summons shall
conspicuously display the following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(8) If a party to be served with a summons can be found
within the state, the summons shall be served upon the party
personally as soon as possible following the filing of the
petition, but in no case later than fifteen court days before
the fact-finding hearing, or such time as set by the court. If
the party is within the state and cannot be personally served,
but the party’s address is known or can with reasonable
diligence be ascertained, the summons may be served upon
the party by mailing a copy by certified mail as soon as
possible following the filing of the petition, but in no case
later than fifteen court days before the hearing, or such time
as set by the court. If a party other than the child is without
the state but can be found or the address is known, or can
with reasonable diligence be ascertained, service of the
summons may be made either by delivering a copy to the
party personally or by mailing a copy thereof to the party by
certified mail at least ten court days before the fact-finding
hearing, or such time as set by the court.
(9) Service of summons may be made under the
direction of the court by any person eighteen years of age or
older who is not a party to the proceedings or by any law
enforcement officer, probation counselor, or department
employee.
(10) In any proceeding brought under this chapter where
the court knows or has reason to know that the child
involved is a member or is eligible to be a member of an
Indian tribe, notice of the pendency of the proceeding shall
also be sent by registered mail, return receipt requested, to
the child’s tribe. If the identity or location of the tribe
cannot be determined, such notice shall be transmitted to the
(2002 Ed.)
13.34.070
secretary of the interior of the United States. [2000 c 122 §
8; 1993 c 358 § 1; 1990 c 246 § 2; 1988 c 194 § 2; 1983 c
311 § 3; 1983 c 3 § 16; 1979 c 155 § 40; 1977 ex.s. c 291
§ 35; 1913 c 160 § 6; RRS § 1987-6. Formerly RCW
13.04.070.]
Severability—1990 c 246: See note following RCW 13.34.060.
Legislative finding—1983 c 311: See note following RCW
13.34.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.080 Summons when petition filed—
Publication of notice. (1) The court shall direct the clerk
to publish notice in a legal newspaper printed in the county,
qualified to publish summons, once a week for three
consecutive weeks, with the first publication of the notice to
be at least twenty-five days prior to the date fixed for the
hearing when it appears by the petition or verified statement
that:
(a)(i) The parent or guardian is a nonresident of this
state; or
(ii) The name or place of residence or whereabouts of
the parent or guardian is unknown; and
(b) After due diligence, the person attempting service of
the summons or notice provided for in RCW 13.34.070 has
been unable to make service, and a copy of the notice has
been deposited in the post office, postage prepaid, directed
to such person at his or her last known place of residence.
If the parent, guardian, or legal custodian is believed to be
a resident of another state or a county other than the county
in which the petition has been filed, notice also shall be
published in the county in which the parent, guardian, or
legal custodian is believed to reside.
(2) Publication may proceed simultaneously with efforts
to provide service in person or by mail, when the court
determines there is reason to believe that service in person
or by mail will not be successful. Notice shall be directed
to the parent, parents, or other person claiming the right to
the custody of the child, if their names are known. If their
names are unknown, the phrase "To whom it may concern"
shall be used, apply to, and be binding upon, those persons
whose names are unknown. The name of the court, the
name of the child (or children if of one family), the date of
the filing of the petition, the date of hearing, and the object
of the proceeding in general terms shall be set forth. There
shall be filed with the clerk an affidavit showing due
publication of the notice. The cost of publication shall be
paid by the county at a rate not greater than the rate paid for
other legal notices. The publication of notice shall be
deemed equivalent to personal service upon all persons,
known or unknown, who have been designated as provided
in this section. [2000 c 122 § 9; 1990 c 246 § 3; 1988 c
201 § 1; 1979 c 155 § 41; 1977 ex.s. c 291 § 36; 1961 c
302 § 4; 1913 c 160 § 7; RRS § 1987-7. Formerly RCW
13.04.080.]
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
[Title 13 RCW—page 37]
13.34.090
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.34.090 Rights under chapter proceedings. (1)
Any party has a right to be represented by an attorney in all
proceedings under this chapter, to introduce evidence, to be
heard in his or her own behalf, to examine witnesses, to
receive a decision based solely on the evidence adduced at
the hearing, and to an unbiased fact-finder.
(2) At all stages of a proceeding in which a child is
alleged to be dependent, the child’s parent, guardian, or legal
custodian has the right to be represented by counsel, and if
indigent, to have counsel appointed for him or her by the
court. Unless waived in court, counsel shall be provided to
the child’s parent, guardian, or legal custodian, if such
person (a) has appeared in the proceeding or requested the
court to appoint counsel and (b) is financially unable to
obtain counsel because of indigency.
(3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party
for his or her signature without prior notice and provision of
the order to counsel.
(4) Copies of department of social and health services
or supervising agency records to which parents have legal
access pursuant to chapter 13.50 RCW shall be given to the
child’s parent, guardian, legal custodian, or his or her legal
counsel, prior to any shelter care hearing and within fifteen
days after the department or supervising agency receives a
written request for such records from the parent, guardian,
legal custodian, or his or her legal counsel. These records
shall be provided to the child’s parents, guardian, legal
custodian, or legal counsel a reasonable period of time prior
to the shelter care hearing in order to allow an opportunity
to review the records prior to the hearing. These records
shall be legible and shall be provided at no expense to the
parents, guardian, legal custodian, or his or her counsel.
When the records are served on legal counsel, legal counsel
shall have the opportunity to review the records with the
parents and shall review the records with the parents prior to
the shelter care hearing. [2000 c 122 § 10. Prior: 1998 c
328 § 3; 1998 c 141 § 1; 1990 c 246 § 4; 1979 c 155 § 42;
1977 ex.s. c 291 § 37.]
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
Notice of rights: RCW 26.44.105.
13.34.092 Rights under chapter proceedings—
Appointment of counsel—Notice. At the commencement
of the shelter care hearing the court shall advise the parties
of basic rights as provided in RCW 13.34.090 and appoint
counsel pursuant to RCW 13.34.090 if the parent or guardian
is indigent unless counsel has been retained by the parent or
guardian or the court finds that the right to counsel has been
expressly and voluntarily waived in court. [2000 c 122 § 6.]
13.34.094 Description of services provided to
parents. The department shall, within existing resources,
provide to parents requesting a multidisciplinary team, family
group conference, prognostic staffing, or case conference, information that describes these processes prior to the processes being undertaken. [2001 c 332 § 6.]
[Title 13 RCW—page 38]
13.34.100 Appointment of guardian ad litem—
Background information—Rights—Appointment of counsel for child—Review. (1) The court shall appoint a
guardian ad litem for a child who is the subject of an action
under this chapter, unless a court for good cause finds the
appointment unnecessary. The requirement of a guardian ad
litem may be deemed satisfied if the child is represented by
independent counsel in the proceedings.
(2) If the court does not have available to it a guardian
ad litem program with a sufficient number of volunteers, the
court may appoint a suitable person to act as guardian ad
litem for the child under this chapter. Another party to the
proceeding or the party’s employee or representative shall
not be so appointed.
(3) Each guardian ad litem program shall maintain a
background information record for each guardian ad litem in
the program. The background file shall include, but is not
limited to, the following information:
(a) Level of formal education;
(b) Training related to the guardian’s duties;
(c) Number of years’ experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and
the county or counties of appointment;
(e) The names of any counties in which the person was
removed from a guardian ad litem registry pursuant to a
grievance action, and the name of the court and the cause
number of any case in which the court has removed the
person for cause; and
(f) Criminal history, as defined in RCW 9.94A.030.
The background information report shall be updated
annually. As a condition of appointment, the guardian ad
litem’s background information record shall be made
available to the court. If the appointed guardian ad litem is
not a member of a guardian ad litem program the person
shall provide the background information to the court.
Upon appointment, the guardian ad litem, or guardian ad
litem program, shall provide the parties or their attorneys
with a statement containing: His or her training relating to
the duties as a guardian ad litem; the name of any counties
in which the person was removed from a guardian ad litem
registry pursuant to a grievance action, and the name of the
court and the cause number of any case in which the court
has removed the person for cause; and his or her criminal
history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background
statement shall not include identifying information that may
be used to harm a guardian ad litem, such as home addresses
and home telephone numbers, and for volunteer guardians ad
litem the court may allow the use of maiden names or
pseudonyms as necessary for their safety.
(4) The appointment of the guardian ad litem shall
remain in effect until the court discharges the appointment
or no longer has jurisdiction, whichever comes first. The
guardian ad litem may also be discharged upon entry of an
order of guardianship.
(5) A guardian ad litem through counsel, or as otherwise
authorized by the court, shall have the right to present
evidence, examine and cross-examine witnesses, and to be
present at all hearings. A guardian ad litem shall receive
copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court
rules. The guardian ad litem shall receive all notice contem(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
plated for a parent or other party in all proceedings under
this chapter.
(6) If the child requests legal counsel and is age twelve
or older, or if the guardian ad litem or the court determines
that the child needs to be independently represented by
counsel, the court may appoint an attorney to represent the
child’s position.
(7) For the purposes of child abuse prevention and
treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this
state under P.L. 93-247, or any related state or federal
legislation, a person appointed pursuant to RCW 13.34.100
shall be deemed a guardian ad litem to represent the best
interests of the minor in proceedings before the court.
(8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program
shall give the court the name of the person it recommends
and the appointment shall be effective immediately. The
court shall appoint the person recommended by the program.
If a party in a case reasonably believes the court-appointed
special advocate or volunteer is inappropriate or unqualified,
the party may request a review of the appointment by the
program. The program must complete the review within five
judicial days and remove any appointee for good cause. If
the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the
court for the removal of the court-appointed special advocate
on the grounds the advocate or volunteer is inappropriate or
unqualified. [2000 c 124 § 2; 1996 c 249 § 13; 1994 c 110
§ 2; 1993 c 241 § 2; 1988 c 232 § 1; 1979 c 155 § 43; 1977
ex.s. c 291 § 38.]
Grievance rules—2000 c 124: See note following RCW 11.88.090.
Intent—1996 c 249: See note following RCW 2.56.030.
Conflict with federal requirements—1993 c 241: See note
following RCW 13.34.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.102 Guardian ad litem—Training—
Registry—Selection—Substitution—Exception. (1) All
guardians ad litem must comply with the training requirements established under RCW 2.56.030(15), prior to their
appointment in cases under Title 13 RCW, except that
volunteer guardians ad litem or court-appointed special
advocates may comply with alternative training requirements
approved by the office of the administrator for the courts
that meet or exceed the statewide requirements.
(2)(a) Each guardian ad litem program for compensated
guardians ad litem shall establish a rotational registry system
for the appointment of guardians ad litem. If a judicial
district does not have a program the court shall establish the
rotational registry system. Guardians ad litem shall be
selected from the registry except in exceptional circumstances as determined and documented by the court. The parties
may make a joint recommendation for the appointment of a
guardian ad litem from the registry.
(b) In judicial districts with a population over one
hundred thousand, a list of three names shall be selected
from the registry and given to the parties along with the
background information as specified in RCW 13.34.100(3),
including their hourly rate for services. Each party may,
(2002 Ed.)
13.34.100
within three judicial days, strike one name from the list. If
more than one name remains on the list, the court shall make
the appointment from the names on the list. In the event all
three names are stricken the person whose name appears
next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed
guardian ad litem lacks the necessary expertise for the
proceeding, charges an hourly rate higher than what is
reasonable for the particular proceeding, or has a conflict of
interest, the party may, within three judicial days from the
appointment, move for substitution of the appointed guardian
ad litem by filing a motion with the court.
(d) The superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her
qualifications pursuant to a grievance procedure established
by the court.
(3) The rotational registry system shall not apply to
court-appointed special advocate programs. [2000 c 124 §
3; 1997 c 41 § 6; 1996 c 249 § 17.]
Intent—1996 c 249: See note following RCW 2.56.030.
13.34.105 Guardian ad litem—Duties—Immunity—
Access to information. (1) Unless otherwise directed by the
court, the duties of the guardian ad litem include but are not
limited to the following:
(a) To investigate, collect relevant information about the
child’s situation, and report to the court factual information
regarding the best interests of the child;
(b) To monitor all court orders for compliance and to
bring to the court’s attention any change in circumstances
that may require a modification of the court’s order;
(c) To report to the court information on the legal status
of a child’s membership in any Indian tribe or band;
(d) Court-appointed special advocates and guardians ad
litem may make recommendations based upon an independent investigation regarding the best interests of the child,
which the court may consider and weigh in conjunction with
the recommendations of all of the parties; and
(e) To represent and be an advocate for the best
interests of the child.
(2) A guardian ad litem shall be deemed an officer of
the court for the purpose of immunity from civil liability.
(3) Except for information or records specified in RCW
13.50.100(5), the guardian ad litem shall have access to all
information available to the state or agency on the case.
Upon presentation of the order of appointment by the
guardian ad litem, any agency, hospital, school organization,
division or department of the state, doctor, nurse, or other
health care provider, psychologist, psychiatrist, police
department, or mental health clinic shall permit the guardian
ad litem to inspect and copy any records relating to the child
or children involved in the case, without the consent of the
parent or guardian of the child, or of the child if the child is
under the age of thirteen years, unless such access is
otherwise specifically prohibited by law.
(4) A guardian ad litem may release confidential
information, records, and reports to the office of the family
and children’s ombudsman for the purposes of carrying out
its duties under chapter 43.06A RCW.
[Title 13 RCW—page 39]
13.34.105
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(5) The guardian ad litem shall release case information
in accordance with the provisions of RCW 13.50.100. [2000
c 124 § 4; 1999 c 390 § 2; 1993 c 241 § 3.]
Conflict with federal requirements—1993 c 241: See note
following RCW 13.34.030.
13.34.107 Guardian ad litem—Ex parte communications—Removal. A guardian ad litem or court-appointed
special advocate shall not engage in ex parte communications with any judicial officer involved in the matter for
which he or she is appointed during the pendency of the
proceeding, except as permitted by court rule or statute for
ex parte motions. Ex parte motions shall be heard in open
court on the record. The record may be preserved in a
manner deemed appropriate by the county where the matter
is heard. The court, upon its own motion, or upon the
motion of a party, may consider the removal of any guardian
ad litem or court-appointed special advocate who violates
this section from any pending case or from any courtauthorized registry, and if so removed may require forfeiture
of any fees for professional services on the pending case.
[2000 c 124 § 11.]
13.34.108 Guardian ad litem—Fees. The court shall
specify the hourly rate the guardian ad litem may charge for
his or her services, and shall specify the maximum amount
the guardian ad litem may charge without additional court
review and approval. The court shall specify rates and fees
in the order of appointment or at the earliest date the court
is able to determine the appropriate rates and fees and prior
to the guardian ad litem billing for his or her services. This
section shall apply except as provided by local court rule.
[2000 c 124 § 14.]
13.34.110 Hearings—Fact-finding and disposition—
Time and place, notice. (1) The court shall hold a factfinding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating
the reasons therefor. The rules of evidence shall apply at the
fact-finding hearing and the parent, guardian, or legal
custodian of the child shall have all of the rights provided in
RCW 13.34.090(1). The petitioner shall have the burden of
establishing by a preponderance of the evidence that the
child is dependent within the meaning of RCW 13.34.030.
(2)(a) The parent, guardian, or legal custodian of the
child may waive his or her right to a fact-finding hearing by
stipulating or agreeing to the entry of an order of dependency establishing that the child is dependent within the meaning of RCW 13.34.030. The parent, guardian, or legal
custodian may also stipulate or agree to an order of disposition pursuant to RCW 13.34.130 at the same time. Any
stipulated or agreed order of dependency or disposition must
be signed by the parent, guardian, or legal custodian and his
or her attorney, unless the parent, guardian, or legal custodian has waived his or her right to an attorney in open court,
and by the petitioner and the attorney, guardian ad litem, or
court-appointed special advocate for the child, if any. If the
department of social and health services is not the petitioner
and is required by the order to supervise the placement of
the child or provide services to any party, the department
must also agree to and sign the order.
[Title 13 RCW—page 40]
(b) Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The
court shall receive and review a social study before entering
a stipulated or agreed order and shall consider whether the
order is consistent with the allegations of the dependency
petition and the problems that necessitated the child’s
placement in out-of-home care. No social file or social
study may be considered by the court in connection with the
fact-finding hearing or prior to factual determination, except
as otherwise admissible under the rules of evidence.
(c) Prior to the entry of any stipulated or agreed order
of dependency, the parent, guardian, or legal custodian of the
child and his or her attorney must appear before the court
and the court within available resources must inquire and
establish on the record that:
(i) The parent, guardian, or legal custodian understands
the terms of the order or orders he or she has signed,
including his or her responsibility to participate in remedial
services as provided in any disposition order;
(ii) The parent, guardian, or legal custodian understands
that entry of the order starts a process that could result in the
filing of a petition to terminate his or her relationship with
the child within the time frames required by state and federal
law if he or she fails to comply with the terms of the
dependency or disposition orders or fails to substantially
remedy the problems that necessitated the child’s placement
in out-of-home care;
(iii) The parent, guardian, or legal custodian understands
that the entry of the stipulated or agreed order of dependency
is an admission that the child is dependent within the
meaning of RCW 13.34.030 and shall have the same legal
effect as a finding by the court that the child is dependent by
at least a preponderance of the evidence, and that the parent,
guardian, or legal custodian shall not have the right in any
subsequent proceeding for termination of parental rights or
dependency guardianship pursuant to this chapter or
nonparental custody pursuant to chapter 26.10 RCW to
challenge or dispute the fact that the child was found to be
dependent; and
(iv) The parent, guardian, or legal custodian knowingly
and willingly stipulated and agreed to and signed the order
or orders, without duress, and without misrepresentation or
fraud by any other party.
If a parent, guardian, or legal custodian fails to appear
before the court after stipulating or agreeing to entry of an
order of dependency, the court may enter the order upon a
finding that the parent, guardian, or legal custodian had
actual notice of the right to appear before the court and
chose not to do so. The court may require other parties to
the order, including the attorney for the parent, guardian, or
legal custodian, to appear and advise the court of the
parent’s, guardian’s, or legal custodian’s notice of the right
to appear and understanding of the factors specified in this
subsection. A parent, guardian, or legal custodian may
choose to waive his or her presence at the in-court hearing
for entry of the stipulated or agreed order of dependency by
submitting to the court through counsel a completed stipulated or agreed dependency fact-finding/disposition statement
in a form determined by the Washington state supreme court
pursuant to General Rule GR 9.
(3) Immediately after the entry of the findings of fact,
the court shall hold a disposition hearing, unless there is
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
good cause for continuing the matter for up to fourteen days.
If good cause is shown, the case may be continued for
longer than fourteen days. Notice of the time and place of
the continued hearing may be given in open court. If notice
in open court is not given to a party, that party shall be
notified by certified mail of the time and place of any
continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be
jeopardized or efforts to reunite the parent and child would
be hindered, the court shall direct the department to notify
those adult persons who: (a) Are related by blood or
marriage to the child in the following degrees: Parent,
grandparent, brother, sister, stepparent, stepbrother, stepsister,
uncle, or aunt; (b) are known to the department as having
been in contact with the family or child within the past
twelve months; and (c) would be an appropriate placement
for the child. Reasonable cause to dispense with notification
to a parent under this section must be proved by clear,
cogent, and convincing evidence.
The parties need not appear at the fact-finding or
dispositional hearing if the parties, their attorneys, the
guardian ad litem, and court-appointed special advocates, if
any, are all in agreement. [2001 c 332 § 7; 2000 c 122 §
11. Prior: 1995 c 313 § 1; 1995 c 311 § 27; 1993 c 412 §
7; 1991 c 340 § 3; 1983 c 311 § 4; 1979 c 155 § 44; 1977
ex.s. c 291 § 39; 1961 c 302 § 5; prior: 1913 c 160 § 10,
part; RCW 13.04.090, part. Formerly RCW 13.04.091.]
Legislative finding—1983 c 311: See note following RCW
13.34.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.115 Hearings—Public excluded—Notes and
records. All hearings may be conducted at any time or
place within the limits of the county, and such cases may not
be heard in conjunction with other business of any other
division of the superior court. The public shall be excluded,
and only such persons may be admitted who are found by
the judge to have a direct interest in the case or in the work
of the court. Unless the court states on the record the
reasons to disallow attendance, the court shall allow a child’s
relatives and, if a child resides in foster care, the child’s
foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and
written information about the child and the child’s welfare
to the court.
Stenographic notes or any device which accurately
records the proceedings may be required as provided in other
civil cases pursuant to RCW 2.32.200. [2000 c 122 § 12.]
13.34.120 Social study and reports made available
at disposition hearing—Contents—Notice to parents. (1)
To aid the court in its decision on disposition, a social study
shall be made by the person or agency filing the petition. A
parent may submit a counselor’s or health care provider’s
evaluation of the parent, which shall either be included in the
social study or considered in conjunction with the social
study. The study shall include all social files and may also
include facts relating to the child’s cultural heritage, and
shall be made available to the court. The court shall
(2002 Ed.)
13.34.110
consider the social file, social study, guardian ad litem
report, the court-appointed special advocate’s report, if any,
and any reports filed by a party at the disposition hearing in
addition to evidence produced at the fact-finding hearing. At
least ten working days before the disposition hearing, the
department shall mail to the parent and his or her attorney a
copy of the agency’s social study and proposed service plan,
which shall be in writing or in a form understandable to the
parents or custodians. In addition, the department shall
provide an opportunity for parents to review and comment
on the plan at the local office closest to the parents’ residence. If the parents disagree with the agency’s plan or any
part thereof, the parents shall submit to the court at least
twenty-four hours before the hearing, in writing, or signed
oral statement, an alternative plan to correct the problems
which led to the finding of dependency. This section shall
not interfere with the right of the parents or custodians to
submit oral arguments regarding the disposition plan at the
hearing.
(2)(a) The guardian ad litem or court-appointed special
advocate shall file his or her report with the court and with
the parties pursuant to court rule prior to a hearing for which
a report is required. The report shall include a written list
of persons interviewed and reports or documentation considered. If the report makes particular recommendations, the
report shall include specific information on which the
guardian ad litem or court-appointed special advocate relied
in making each particular recommendation.
(b) The parties to the proceeding may file written
responses to the guardian ad litem’s or court-appointed
special advocate’s report with the court and deliver such
responses to the other parties at a reasonable time or
pursuant to court rule before the hearing. The court shall
consider any written responses to the guardian ad litem’s or
court-appointed special advocate’s report, including any
factual information or recommendations provided in the
report. [2000 c 124 § 5; 2000 c 122 § 13; 1998 c 328 § 4;
1996 c 249 § 14; 1994 c 288 § 2; 1993 c 412 § 8; 1987 c
524 § 5; 1979 c 155 § 45; 1977 ex.s. c 291 § 40.]
Reviser’s note: This section was amended by 2000 c 122 § 13 and
by 2000 c 124 § 5, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—1996 c 249: See note following RCW 2.56.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.125 Voluntary adoption plan—Consideration
of preferences for proposed placement. In those cases
where an alleged father, birth parent, or parent has indicated
his or her intention to make a voluntary adoption plan for
the child and has agreed to the termination of his or her
parental rights, the department shall follow the wishes of the
alleged father, birth parent, or parent regarding the proposed
adoptive placement of the child, if the court determines that
the adoption is in the best interest of the child, and the
prospective adoptive parents chosen by the alleged father,
birth parent, or parent are properly qualified to adopt in
compliance with the standards in this chapter and chapter
26.33 RCW. If the department has filed a termination peti[Title 13 RCW—page 41]
13.34.125
Title 13 RCW: Juvenile Courts and Juvenile Offenders
tion, an alleged father’s, birth parent’s, or parent’s preferences regarding the proposed adoptive placement of the child
shall be given consideration. [1999 c 173 § 2.]
Severability—1999 c 173: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 173 § 4.]
13.34.130 Order of disposition for a dependent
child, alternatives—Petition seeking termination of
parent-child relationship—Contact with siblings—
Placement with relatives. If, after a fact-finding hearing
pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent
within the meaning of RCW 13.34.030 after consideration of
the social study prepared pursuant to RCW 13.34.110 and
after a disposition hearing has been held pursuant to RCW
13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child
from his or her home, which shall provide a program
designed to alleviate the immediate danger to the child, to
mitigate or cure any damage the child has already suffered,
and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court
should choose those services, including housing assistance,
that least interfere with family autonomy and are adequate to
protect the child.
(b) Order the child to be removed from his or her home
and into the custody, control, and care of a relative or the
department or a licensed child placing agency for placement
in a foster family home or group care facility licensed
pursuant to chapter 74.15 RCW or in a home not required to
be licensed pursuant to chapter 74.15 RCW. Unless there is
reasonable cause to believe that the health, safety, or welfare
of the child would be jeopardized or that efforts to reunite
the parent and child will be hindered, such child shall be
placed with a person who is: (i) Related to the child as
defined in RCW 74.15.020(2)(a) with whom the child has a
relationship and is comfortable; and (ii) willing and available
to care for the child.
(2) Placement of the child with a relative under this
subsection shall be given preference by the court. An order
for out-of-home placement may be made only if the court
finds that reasonable efforts have been made to prevent or
eliminate the need for removal of the child from the child’s
home and to make it possible for the child to return home,
specifying the services that have been provided to the child
and the child’s parent, guardian, or legal custodian, and that
preventive services have been offered or provided and have
failed to prevent the need for out-of-home placement, unless
the health, safety, and welfare of the child cannot be
protected adequately in the home, and that:
(a) There is no parent or guardian available to care for
such child;
(b) The parent, guardian, or legal custodian is not
willing to take custody of the child; or
(c) The court finds, by clear, cogent, and convincing
evidence, a manifest danger exists that the child will suffer
serious abuse or neglect if the child is not removed from the
[Title 13 RCW—page 42]
home and an order under RCW 26.44.063 would not protect
the child from danger.
(3) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court shall consider whether it is in the child’s best interest
to have contact or visits with siblings. The court must
consider ordering that such contact or visits take place
provided that:
(a) The court has jurisdiction over all siblings subject to
the order of contact or visitation pursuant to petitions filed
under this chapter;
(b) Contact or visitation is in the best interests of each
child covered by the court’s order; and
(c) There is no reasonable cause to believe that the
health, safety, or welfare of any child subject to the order of
visitation would be jeopardized or that efforts to reunite the
parent and child would be hindered by such visitation. In no
event shall parental visitation time be reduced in order to
provide sibling visitation.
(4) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court may order that a petition seeking termination of the
parent and child relationship be filed if the requirements of
RCW 13.34.132 are met.
(5) If there is insufficient information at the time of the
disposition hearing upon which to base a determination
regarding the suitability of a proposed placement with a
relative, the child shall remain in foster care and the court
shall direct the supervising agency to conduct necessary
background investigations as provided in chapter 74.15 RCW
and report the results of such investigation to the court
within thirty days. However, if such relative appears
otherwise suitable and competent to provide care and
treatment, the criminal history background check need not be
completed before placement, but as soon as possible after
placement. Any placements with relatives, pursuant to this
section, shall be contingent upon cooperation by the relative
with the agency case plan and compliance with court orders
related to the care and supervision of the child including, but
not limited to, court orders regarding parent-child contacts,
sibling contacts, and any other conditions imposed by the
court. Noncompliance with the case plan or court order
shall be grounds for removal of the child from the relative’s
home, subject to review by the court. [2002 c 52 § 5; 2000
c 122 § 15. Prior: 1999 c 267 § 16; 1999 c 267 § 9; 1999
c 173 § 3; prior: 1998 c 314 § 2; 1998 c 130 § 2; 1997 c
280 § 1; prior: 1995 c 313 § 2; 1995 c 311 § 19; 1995 c 53
§ 1; 1994 c 288 § 4; 1992 c 145 § 14; 1991 c 127 § 4;
prior: 1990 c 284 § 32; 1990 c 246 § 5; 1989 1st ex.s. c 17
§ 17; prior: 1988 c 194 § 1; 1988 c 190 § 2; 1988 c 189 §
2; 1984 c 188 § 4; prior: 1983 c 311 § 5; 1983 c 246 § 2;
1979 c 155 § 46; 1977 ex.s. c 291 § 41.]
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—
1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Severability—1999 c 173: See note following RCW 13.34.125.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Severability—1990 c 246: See note following RCW 13.34.060.
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
Legislative finding—1983 c 311: See note following RCW
13.34.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.132 Petition seeking termination of parentchild relationship—Requirements. A court may order that
a petition seeking termination of the parent and child
relationship be filed if the following requirements are met:
(1) The court has removed the child from his or her
home pursuant to RCW 13.34.130;
(2) Termination is recommended by the supervising
agency;
(3) Termination is in the best interests of the child; and
(4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required.
Notwithstanding the existence of aggravated circumstances,
reasonable efforts may be required if the court or department
determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear,
cogent, and convincing evidence, the court shall consider one
or more of the following:
(a) Conviction of the parent of rape of the child in the
first, second, or third degree as defined in RCW 9A.44.073,
9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of
the child in the first or second degree as defined in RCW
9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following
assault crimes, when the child is the victim: Assault in the
first or second degree as defined in RCW 9A.36.011 and
9A.36.021 or assault of a child in the first or second degree
as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or
homicide by abuse of the child’s other parent, sibling, or
another child;
(e) Conviction of the parent of attempting, soliciting, or
conspiring to commit a crime listed in (a), (b), (c), or (d) of
this subsection;
(f) A finding by a court that a parent is a sexually
violent predator as defined in RCW 71.09.020;
(g) Failure of the parent to complete available treatment
ordered under this chapter or the equivalent laws of another
state, where such failure has resulted in a prior termination
of parental rights to another child and the parent has failed
to effect significant change in the interim. In the case of a
parent of an Indian child, as defined in the Indian Child
Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court
shall also consider tribal efforts to assist the parent in
completing treatment and make it possible for the child to
return home;
(h) An infant under three years of age has been abandoned;
(i) Conviction of the parent, when a child has been born
of the offense, of: (A) A sex offense under chapter 9A.44
RCW; or (B) incest under RCW 9A.64.020. [2000 c 122 §
16.]
13.34.134 Permanent placement of child. If reasonable efforts are not ordered under RCW 13.34.132, a
(2002 Ed.)
13.34.130
permanency planning hearing shall be held within thirty days
of the court order to file a petition to terminate parental
rights. Reasonable efforts shall be made to place the child
in a timely manner in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize the
permanent placement of the child. [2000 c 122 § 17.]
13.34.136 Permanency plan of care. (1) Whenever
a child is ordered removed from the child’s home, the
agency charged with his or her care shall provide the court
with:
(a) A permanency plan of care that shall identify one of
the following outcomes as a primary goal and may identify
additional outcomes as alternative goals: Return of the child
to the home of the child’s parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; longterm relative or foster care, until the child is age eighteen,
with a written agreement between the parties and the care
provider; successful completion of a responsible living skills
program; or independent living, if appropriate and if the
child is age sixteen or older. The department shall not
discharge a child to an independent living situation before
the child is eighteen years of age unless the child becomes
emancipated pursuant to chapter 13.64 RCW;
(b) Unless the court has ordered, pursuant to *RCW
13.34.130(3), that a termination petition be filed, a specific
plan as to where the child will be placed, what steps will be
taken to return the child home, what steps the agency will
take to promote existing appropriate sibling relationships
and/or facilitate contact in accordance with the best interests
of each child, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include
the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the
parents will be offered to enable them to resume custody,
what requirements the parents must meet to resume custody,
and a time limit for each service plan and parental requirement.
(ii) The agency shall encourage the maximum parentchild contact possible, including regular visitation and
participation by the parents in the care of the child while the
child is in placement. Visitation may be limited or denied
only if the court determines that such limitation or denial is
necessary to protect the child’s health, safety, or welfare.
(iii) A child shall be placed as close to the child’s home
as possible, preferably in the child’s own neighborhood,
unless the court finds that placement at a greater distance is
necessary to promote the child’s or parents’ well-being.
(iv) The agency charged with supervising a child in
placement shall provide all reasonable services that are
available within the agency, or within the community, or
those services which the department has existing contracts to
purchase. It shall report to the court if it is unable to
provide such services; and
(c) If the court has ordered, pursuant to *RCW
13.34.130(3), that a termination petition be filed, a specific
plan as to where the child will be placed, what steps will be
taken to achieve permanency for the child, services to be
offered or provided to the child, and, if visitation would be
in the best interests of the child, a recommendation to the
court regarding visitation between parent and child pending
[Title 13 RCW—page 43]
13.34.136
Title 13 RCW: Juvenile Courts and Juvenile Offenders
a fact-finding hearing on the termination petition. The
agency shall not be required to develop a plan of services for
the parents or provide services to the parents if the court
orders a termination petition be filed.
(2) If the court determines that the continuation of
reasonable efforts to prevent or eliminate the need to remove
the child from his or her home or to safely return the child
home should not be part of the permanency plan of care for
the child, reasonable efforts shall be made to place the child
in a timely manner and to complete whatever steps are
necessary to finalize the permanent placement of the child.
[2002 c 52 § 6; 2000 c 122 § 18.]
*Reviser’s note: RCW 13.34.130 was amended by 2002 c 52 § 5,
changing subsection (3) to subsection (4).
Intent—2002 c 52: See note following RCW 13.34.025.
13.34.138 Review hearings—Findings—Housing
assistance. (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW,
the status of all children found to be dependent shall be
reviewed by the court at least every six months from the
beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which
it shall be determined whether court supervision should
continue. The initial review hearing shall be an in-court
review and shall be set six months from the beginning date
of the placement episode or no more than ninety days from
the entry of the disposition order, whichever comes first.
The initial review hearing may be a permanency planning
hearing when necessary to meet the time frames set forth in
RCW 13.34.145(3) or 13.34.134. The review shall include
findings regarding the agency and parental completion of
disposition plan requirements, and if necessary, revised
permanency time limits. This review shall consider both the
agency’s and parent’s efforts that demonstrate consistent
measurable progress over time in meeting the disposition
plan requirements. The requirements for the initial review
hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency
shall provide a foster parent, preadoptive parent, or relative
with notice of, and their right to an opportunity to be heard
in, a review hearing pertaining to the child, but only if that
person is currently providing care to that child at the time of
the hearing. This section shall not be construed to grant
party status to any person who has been provided an
opportunity to be heard.
(a) A child shall not be returned home at the review
hearing unless the court finds that a reason for removal as
set forth in RCW 13.34.130 no longer exists. The parents,
guardian, or legal custodian shall report to the court the
efforts they have made to correct the conditions which led to
removal. If a child is returned, casework supervision shall
continue for a period of six months, at which time there
shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall
establish in writing:
(i) Whether reasonable services have been provided to
or offered to the parties to facilitate reunion, specifying the
services provided or offered;
(ii) Whether the child has been placed in the leastrestrictive setting appropriate to the child’s needs, including
[Title 13 RCW—page 44]
whether consideration and preference has been given to
placement with the child’s relatives;
(iii) Whether there is a continuing need for placement
and whether the placement is appropriate;
(iv) Whether there has been compliance with the case
plan by the child, the child’s parents, and the agency
supervising the placement;
(v) Whether progress has been made toward correcting
the problems that necessitated the child’s placement in outof-home care;
(vi) Whether the parents have visited the child and any
reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services, including housing
assistance, are needed to facilitate the return of the child to
the child’s parents; if so, the court shall order that reasonable
services be offered specifying such services; and
(viii) The projected date by which the child will be
returned home or other permanent plan of care will be
implemented.
(c) The court at the review hearing may order that a
petition seeking termination of the parent and child relationship be filed.
(2) The court’s ability to order housing assistance under
RCW 13.34.130 and this section is: (a) Limited to cases in
which homelessness or the lack of adequate and safe housing
is the primary reason for an out-of-home placement; and (b)
subject to the availability of funds appropriated for this
specific purpose. [2001 c 332 § 5; 2000 c 122 § 19.]
13.34.142 Current placement episode—Calculation.
If the most recent date that a child was removed from the
home of the parent, guardian, or legal custodian for purposes
of placement in out-of-home care occurred prior to the filing
of a dependency petition or after filing but prior to entry of
a disposition order, such time periods shall be included when
calculating the length of the child’s current placement
episode. [2000 c 122 § 14.]
13.34.145 Permanency plan required—Permanency
planning hearing—Time limits—Review hearing—
Petition for termination of parental rights—Guardianship
petition—Agency responsibility to provide services to
parents—Due process rights. (1) A permanency plan shall
be developed no later than sixty days from the time the
supervising agency assumes responsibility for providing
services, including placing the child, or at the time of a
hearing under RCW 13.34.130, whichever occurs first. The
permanency planning process continues until a permanency
planning goal is achieved or dependency is dismissed. The
planning process shall include reasonable efforts to return the
child to the parent’s home.
(a) Whenever a child is placed in out-of-home care
pursuant to RCW 13.34.130, the agency that has custody of
the child shall provide the court with a written permanency
plan of care directed towards securing a safe, stable, and
permanent home for the child as soon as possible. The plan
shall identify one of the following outcomes as the primary
goal and may also identify additional outcomes as alternative
goals: Return of the child to the home of the child’s parent,
guardian, or legal custodian; adoption; guardianship; perma(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
nent legal custody; long-term relative or foster care, until the
child is age eighteen, with a written agreement between the
parties and the care provider; a responsible living skills
program; and independent living, if appropriate and if the
child is age sixteen or older and the provisions of subsection
(2) of this section are met.
(b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances
of the particular case.
(c) Permanency planning goals should be achieved at
the earliest possible date, preferably before the child has
been in out-of-home care for fifteen months. In cases where
parental rights have been terminated, the child is legally free
for adoption, and adoption has been identified as the primary
permanency planning goal, it shall be a goal to complete the
adoption within six months following entry of the termination order.
(d) For purposes related to permanency planning:
(i) "Guardianship" means a dependency guardianship, a
legal guardianship pursuant to chapter 11.88 RCW, or
equivalent laws of another state or a federally recognized
Indian tribe.
(ii) "Permanent custody order" means a custody order
entered pursuant to chapter 26.10 RCW.
(iii) "Permanent legal custody" means legal custody
pursuant to chapter 26.10 RCW or equivalent laws of
another state or of a federally recognized Indian tribe.
(2) Whenever a permanency plan identifies independent
living as a goal, the plan shall also specifically identify the
services that will be provided to assist the child to make a
successful transition from foster care to independent living.
Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition
from foster care to independent living will allow the child to
manage his or her financial, personal, social, educational,
and nonfinancial affairs. The department shall not discharge
a child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated
pursuant to chapter 13.64 RCW.
(3) A permanency planning hearing shall be held in all
cases where the child has remained in out-of-home care for
at least nine months and an adoption decree, guardianship
order, or permanent custody order has not previously been
entered. The hearing shall take place no later than twelve
months following commencement of the current placement
episode.
(4) Whenever a child is removed from the home of a
dependency guardian or long-term relative or foster care
provider, and the child is not returned to the home of the
parent, guardian, or legal custodian but is placed in out-ofhome care, a permanency planning hearing shall take place
no later than twelve months, as provided in subsection (3) of
this section, following the date of removal unless, prior to
the hearing, the child returns to the home of the dependency
guardian or long-term care provider, the child is placed in
the home of the parent, guardian, or legal custodian, an
adoption decree, guardianship order, or a permanent custody
order is entered, or the dependency is dismissed.
(5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the
child shall submit a written permanency plan to the court
(2002 Ed.)
13.34.145
and shall mail a copy of the plan to all parties and their legal
counsel, if any.
(6) At the permanency planning hearing, the court shall
enter findings as required by RCW 13.34.138 and shall
review the permanency plan prepared by the agency. If the
child has resided in the home of a foster parent or relative
for more than six months prior to the permanency planning
hearing, the court shall also enter a finding regarding
whether the foster parent or relative was informed of the
hearing as required in RCW 74.13.280 and 13.34.138. If a
goal of long-term foster or relative care has been achieved
prior to the permanency planning hearing, the court shall
review the child’s status to determine whether the placement
and the plan for the child’s care remain appropriate. In
cases where the primary permanency planning goal has not
been achieved, the court shall inquire regarding the reasons
why the primary goal has not been achieved and determine
what needs to be done to make it possible to achieve the
primary goal. In all cases, the court shall:
(a)(i) Order the permanency plan prepared by the
agency to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court
finds that a reason for removal as set forth in RCW
13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a
limited specified time period while efforts are made to
implement the permanency plan.
(7) If the court orders the child returned home, casework supervision shall continue for at least six months, at
which time a review hearing shall be held pursuant to RCW
13.34.138, and the court shall determine the need for continued intervention.
(8) The juvenile court may hear a petition for permanent
legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal
custody; and (b) the party pursuing the permanent legal
custody is the party identified in the permanency plan as the
prospective legal custodian. During the pendency of such
proceeding, the court shall conduct review hearings and
further permanency planning hearings as provided in this
chapter. At the conclusion of the legal guardianship or
permanent legal custody proceeding, a juvenile court hearing
shall be held for the purpose of determining whether
dependency should be dismissed. If a guardianship or
permanent custody order has been entered, the dependency
shall be dismissed.
(9) Continued juvenile court jurisdiction under this
chapter shall not be a barrier to the entry of an order
establishing a legal guardianship or permanent legal custody
when the requirements of subsection (8) of this section are
met.
(10) Following the first permanency planning hearing,
the court shall hold a further permanency planning hearing
in accordance with this section at least once every twelve
months until a permanency planning goal is achieved or the
dependency is dismissed, whichever occurs first.
(11) Except as provided in RCW 13.34.235, the status
of all dependent children shall continue to be reviewed by
the court at least once every six months, in accordance with
RCW 13.34.138, until the dependency is dismissed. Prior to
[Title 13 RCW—page 45]
13.34.145
Title 13 RCW: Juvenile Courts and Juvenile Offenders
the second permanency planning hearing, the agency that has
custody of the child shall consider whether to file a petition
for termination of parental rights.
(12) Nothing in this chapter may be construed to limit
the ability of the agency that has custody of the child to file
a petition for termination of parental rights or a guardianship
petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing
shall be scheduled and held in accordance with this chapter
unless the agency requests dismissal of the petition prior to
the hearing or unless the parties enter an agreed order
terminating parental rights, establishing guardianship, or
otherwise resolving the matter.
(13) The approval of a permanency plan that does not
contemplate return of the child to the parent does not relieve
the supervising agency of its obligation to provide reasonable
services, under this chapter, intended to effectuate the return
of the child to the parent, including but not limited to,
visitation rights.
(14) Nothing in this chapter may be construed to limit
the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
[2000 c 135 § 4; 2000 c 122 § 20; 1999 c 267 § 17. Prior:
1998 c 314 § 3; 1998 c 130 § 3; prior: 1995 c 311 § 20;
1995 c 53 § 2; 1994 c 288 § 5; 1993 c 412 § 1; 1989 1st
ex.s. c 17 § 18; 1988 c 194 § 3.]
Reviser’s note: This section was amended by 2000 c 122 § 20 and
by 2000 c 135 § 4, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—
1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
13.34.150 Modification of orders. Any order made
by the court in the case of a dependent child may be
changed, modified, or set aside, only upon a showing of a
change in circumstance or as provided in RCW 13.34.120.
[1993 c 412 § 9; 1990 c 246 § 6; 1977 ex.s. c 291 § 43;
1913 c 160 § 15; RRS § 1987-15. Formerly RCW
13.04.150.]
Severability—1990 c 246: See note following RCW 13.34.060.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.155 Concurrent jurisdiction over nonparental
actions for child custody. (1) The court hearing the
dependency petition may hear and determine issues related
to chapter 26.10 RCW in a dependency proceeding as
necessary to facilitate a permanency plan for the child or
children as part of the dependency disposition order or a
dependency review order or as otherwise necessary to
implement a permanency plan of care for a child. The
parents, guardians, or legal custodian of the child must
agree, subject to court approval, to establish a permanent
custody order. This agreed order may have the concurrence
of the other parties to the dependency including the supervising agency, the guardian ad litem of the child, and the child
if age twelve or older, and must also be in the best interests
of the child. If the petitioner for a custody order under
chapter 26.10 RCW is not a party to the dependency
[Title 13 RCW—page 46]
proceeding, he or she must agree on the record or by the
filing of a declaration to the entry of a custody order. Once
an order is entered under chapter 26.10 RCW, and the
dependency petition dismissed, the department shall not
continue to supervise the placement.
(2) Any court order determining issues under chapter
26.10 RCW is subject to modification upon the same
showing and standards as a court order determining Title 26
RCW issues.
(3) Any order entered in the dependency court establishing or modifying a permanent legal custody order under
chapter 26.10 RCW shall also be filed in the chapter 26.10
RCW action by the prevailing party. Once filed, any order
establishing or modifying permanent legal custody shall
survive dismissal of the dependency proceeding. [2000 c
135 § 1.]
13.34.160 Order of support for dependent child.
(1) In an action brought under this chapter, the court may
inquire into the ability of the parent or parents of the child
to pay child support and may enter an order of child support
as set forth in chapter 26.19 RCW. The court may enforce
the same by execution, or in any way in which a court of
equity may enforce its decrees. All child support orders
entered pursuant to this chapter shall be in compliance with
the provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child’s
parent is an unmarried minor parent or pregnant minor
applicant, then the parent or parents of the minor shall also
be deemed a parent or parents of the dependent child.
However, liability for child support under this subsection
only exists if the parent or parents of the unmarried minor
parent or pregnant minor applicant are provided the opportunity for a hearing on their ability to provide support. Any
child support order requiring such a parent or parents to
provide support for the minor parent’s child may be effective
only until the minor parent reaches eighteen years of age.
[1997 c 58 § 505; 1993 c 358 § 2; 1987 c 435 § 14; 1981 c
195 § 8; 1977 ex.s. c 291 § 44; 1969 ex.s. c 138 § 1; 1961
c 302 § 7; 1913 c 160 § 8; RRS § 1987-8. Formerly RCW
13.04.100.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1987 c 435: See RCW 26.23.900.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.161 Order of support for dependent child—
Noncompliance—Enforcement of judgment. In any case
in which the court has ordered a parent or parents, guardian,
or other person having custody of a child to pay support
under RCW 13.34.160 and the order has not been complied
with, the court may, upon such person or persons being duly
summoned or voluntarily appearing, proceed to inquire into
the amount due upon the order and enter judgment for that
amount against the defaulting party or parties, and the
judgment shall be docketed as are other judgments for the
payment of money.
In such judgments, the county in which the order is
entered shall be the judgment creditor, or the state may be
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
the judgment creditor where the child is in the custody of a
state agency. Judgments may be enforced by the prosecuting
attorney of the county, or the attorney general where the
state is the judgment creditor and any moneys recovered
shall be paid into the registry of the juvenile court and shall
be disbursed to such person, persons, agency, or governmental department as the court finds is entitled to it.
Such judgments shall remain valid and enforceable for
a period of ten years after the date of entry. [2000 c 122 §
22; 1981 c 195 § 9; 1977 ex.s. c 291 § 45; 1961 c 302 § 8;
1955 c 188 § 1. Formerly RCW 13.34.170, 13.04.105.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
Financial responsibility for costs of detention: RCW 13.16.085.
13.34.165 Civil contempt—Grounds—Motion—
Penalty—Detention review hearing. (1) Failure by a party
to comply with an order entered under this chapter is civil
contempt of court as provided in RCW 7.21.030(2)(e).
(2) The maximum term of confinement that may be
imposed as a remedial sanction for contempt of court under
this section is confinement for up to seven days.
(3) A child held for contempt under this section shall be
confined only in a secure juvenile detention facility operated
by or pursuant to a contract with a county.
(4) A motion for contempt may be made by a parent,
juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court
order entered pursuant to this chapter.
(5) Whenever the court finds probable cause to believe,
based upon consideration of a motion for contempt and the
information set forth in a supporting declaration, that a child
has violated a placement order entered under this chapter,
the court may issue an order directing law enforcement to
pick up and take the child to detention. The order may be
entered ex parte without prior notice to the child or other
parties. Following the child’s admission to detention, a
detention review hearing must be held in accordance with
RCW 13.32A.065. [2000 c 122 § 21; 1998 c 296 § 38;
1996 c 133 § 29; 1989 c 373 § 17; 1985 c 257 § 1.]
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Severability—1989 c 373: See RCW 7.21.900.
Severability—1985 c 257: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 257 § 12.]
13.34.174 Order of alcohol or substance abuse
diagnostic investigation and evaluation—Treatment
plan—Breach of plan—Reports. (1) The provisions of this
section shall apply when a court orders a party to undergo an
alcohol or substance abuse diagnostic investigation and
evaluation.
(2) The facility conducting the investigation and
evaluation shall make a written report to the court stating its
findings and recommendations including family-based
services or treatment when appropriate. If its findings and
(2002 Ed.)
13.34.161
recommendations support treatment, it shall also recommend
a treatment plan setting out:
(a) Type of treatment;
(b) Nature of treatment;
(c) Length of treatment;
(d) A treatment time schedule; and
(e) Approximate cost of the treatment.
The affected person shall be included in developing the
appropriate treatment plan. The treatment plan must be
signed by the treatment provider and the affected person.
The initial written progress report based on the treatment
plan shall be sent to the appropriate persons six weeks after
initiation of treatment. Subsequent progress reports shall be
provided after three months, six months, twelve months, and
thereafter every six months if treatment exceeds twelve
months. Reports are to be filed with the court in a timely
manner. Close-out of the treatment record must include
summary of pretreatment and posttreatment, with final
outcome and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.
Each report shall also be filed with the court and a
copy given to the person evaluated and the person’s counsel.
A copy of the treatment plan shall also be given to the
department’s caseworker and to the guardian ad litem. Any
program for chemical dependency shall meet the program
requirements contained in chapter 70.96A RCW.
(3) If the court has ordered treatment pursuant to a
dependency proceeding it shall also require the treatment
program to provide, in the reports required by subsection (2)
of this section, status reports to the court, the department, the
supervising child-placing agency if any, and the person or
person’s counsel regarding the person’s cooperation with the
treatment plan proposed and the person’s progress in
treatment.
(4) If a person subject to this section fails or neglects to
carry out and fulfill any term or condition of the treatment
plan, the program or agency administering the treatment
shall report such breach to the court, the department, the
guardian ad litem, the supervising child-placing agency if
any, and the person or person’s counsel, within twenty-four
hours, together with its recommendation. These reports shall
be made as a declaration by the person who is personally
responsible for providing the treatment.
(5) Nothing in this chapter may be construed as allowing the court to require the department to pay for the cost of
any alcohol or substance abuse evaluation or treatment
program. [2000 c 122 § 23; 1993 c 412 § 5.]
13.34.176 Violation of alcohol or substance abuse
treatment conditions—Hearing—Notice—Modification of
order. (1) The court, upon receiving a report under RCW
13.34.174(4) or at the department’s request, may schedule a
show cause hearing to determine whether the person is in
violation of the treatment conditions. All parties shall be
given notice of the hearing. The court shall hold the hearing
within ten days of the request for a hearing. At the hearing,
testimony, declarations, reports, or other relevant information
may be presented on the person’s alleged failure to comply
with the treatment plan and the person shall have the right
to present similar information on his or her own behalf.
[Title 13 RCW—page 47]
13.34.176
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(2) If the court finds that there has been a violation of
the treatment conditions it shall modify the dependency
order, as necessary, to ensure the safety of the child. The
modified order shall remain in effect until the party is in full
compliance with the treatment requirements. [2000 c 122 §
24; 1993 c 412 § 6.]
13.34.180 Order terminating parent and child
relationship—Petition—Filing—Allegations. (1) A petition
seeking termination of a parent and child relationship may be
filed in juvenile court by any party to the dependency
proceedings concerning that child. Such petition shall
conform to the requirements of RCW 13.34.040, shall be
served upon the parties as provided in RCW 13.34.070(8),
and shall allege all of the following unless subsection (2) or
(3) of this section applies:
(a) That the child has been found to be a dependent
child;
(b) That the court has entered a dispositional order
pursuant to RCW 13.34.130;
(c) That the child has been removed or will, at the time
of the hearing, have been removed from the custody of the
parent for a period of at least six months pursuant to a
finding of dependency;
(d) That the services ordered under RCW 13.34.136
have been expressly and understandably offered or provided
and all necessary services, reasonably available, capable of
correcting the parental deficiencies within the foreseeable
future have been expressly and understandably offered or
provided;
(e) That there is little likelihood that conditions will be
remedied so that the child can be returned to the parent in
the near future. A parent’s failure to substantially improve
parental deficiencies within twelve months following entry
of the dispositional order shall give rise to a rebuttable
presumption that there is little likelihood that conditions will
be remedied so that the child can be returned to the parent
in the near future. The presumption shall not arise unless
the petitioner makes a showing that all necessary services
reasonably capable of correcting the parental deficiencies
within the foreseeable future have been clearly offered or
provided. In determining whether the conditions will be
remedied the court may consider, but is not limited to, the
following factors:
(i) Use of intoxicating or controlled substances so as to
render the parent incapable of providing proper care for the
child for extended periods of time or for periods of time that
present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete
treatment or documented multiple failed treatment attempts;
or
(ii) Psychological incapacity or mental deficiency of the
parent that is so severe and chronic as to render the parent
incapable of providing proper care for the child for extended
periods of time or for periods of time that present a risk of
imminent harm to the child, and documented unwillingness
of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent
capable of providing proper care for the child in the near
future; and
[Title 13 RCW—page 48]
(f) That continuation of the parent and child relationship
clearly diminishes the child’s prospects for early integration
into a stable and permanent home.
(2) In lieu of the allegations in subsection (1) of this
section, the petition may allege that the child was found
under such circumstances that the whereabouts of the child’s
parent are unknown and no person has acknowledged
paternity or maternity and requested custody of the child
within two months after the child was found.
(3) In lieu of the allegations in subsection (1)(b) through
(f) of this section, the petition may allege that the parent has
been convicted of:
(a) Murder in the first degree, murder in the second
degree, or homicide by abuse as defined in chapter 9A.32
RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in
the second degree, as defined in chapter 9A.32 RCW against
another child of the parent;
(c) Attempting, conspiring, or soliciting another to
commit one or more of the crimes listed in (a) or (b) of this
subsection; or
(d) Assault in the first or second degree, as defined in
chapter 9A.36 RCW, against the surviving child or another
child of the parent.
(4) Notice of rights shall be served upon the parent,
guardian, or legal custodian with the petition and shall be in
substantially the following form:
"NOTICE
A petition for termination of parental rights has
been filed against you. You have important legal
rights and you must take steps to protect your
interests. This petition could result in permanent
loss of your parental rights.
1. You have the right to a fact-finding hearing
before a judge.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the
files in your case, talk to the department of social
and health services and other agencies, tell you
about the law, help you understand your rights, and
help you at hearings. If you cannot afford a
lawyer, the court will appoint one to represent you.
To get a court-appointed lawyer you must contact:
(explain local procedure) .
3. At the hearing, you have the right to speak
on your own behalf, to introduce evidence, to
examine witnesses, and to receive a decision based
solely on the evidence presented to the judge.
You should be present at this hearing.
You may call (insert agency) for more
information about your child. The agency’s name
and telephone number are
(insert name and
telephone number) ."
[2001 c 332 § 4; 2000 c 122 § 25; 1998 c 314 § 4; 1997 c
280 § 2. Prior: 1993 c 412 § 2; 1993 c 358 § 3; 1990 c
246 § 7; 1988 c 201 § 2; 1987 c 524 § 6; 1979 c 155 § 47;
1977 ex.s. c 291 § 46.]
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.190 Order terminating parent and child
relationship—Findings. After hearings pursuant to RCW
13.34.110 or 13.34.130, the court may enter an order
terminating all parental rights to a child only if the court
finds that:
(1)(a) The allegations contained in the petition as
provided in RCW 13.34.180(1) are established by clear,
cogent, and convincing evidence; or
(b) The provisions of RCW 13.34.180(1) (a), (b), (e),
and (f) are established beyond a reasonable doubt and if so,
then RCW 13.34.180(1) (c) and (d) may be waived. When
an infant has been abandoned, as defined in RCW 13.34.030,
and the abandonment has been proved beyond a reasonable
doubt, then RCW 13.34.180(1) (c) and (d) may be waived;
or
(c) The allegation under RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether
RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more
of the aggravated circumstances listed in RCW 13.34.132
exist; or
(d) The allegation under RCW 13.34.180(3) is established beyond a reasonable doubt; and
(2) Such an order is in the best interests of the child.
[2000 c 122 § 26; 1998 c 314 § 5; 1993 c 412 § 3; 1992 c
145 § 15; 1990 c 284 § 33; 1979 c 155 § 48; 1977 ex.s. c
291 § 47.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.200 Order terminating parent and child
relationship—Rights of parties when granted. (1) Upon
the termination of parental rights pursuant to RCW
13.34.180, all rights, powers, privileges, immunities, duties,
and obligations, including any rights to custody, control,
visitation, or support existing between the child and parent
shall be severed and terminated and the parent shall have no
standing to appear at any further legal proceedings concerning the child: PROVIDED, That any support obligation
existing prior to the effective date of the order terminating
parental rights shall not be severed or terminated. The rights
of one parent may be terminated without affecting the rights
of the other parent and the order shall so state.
(2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child
from any third person, agency, state, or the United States,
nor shall any action under this chapter be deemed to affect
any rights and benefits that an Indian child derives from the
child’s descent from a member of a federally recognized
Indian tribe. [2000 c 122 § 27; 1977 ex.s. c 291 § 48.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.210 Order terminating parent and child
relationship—Custody where no one has parental rights.
(2002 Ed.)
13.34.180
If, upon entering an order terminating the parental rights of
a parent, there remains no parent having parental rights, the
court shall commit the child to the custody of the department
or to a licensed child-placing agency willing to accept
custody for the purpose of placing the child for adoption. If
an adoptive home has not been identified, the department or
agency shall place the child in a licensed foster home, or
take other suitable measures for the care and welfare of the
child. The custodian shall have authority to consent to the
adoption of the child consistent with chapter 26.33 RCW, the
marriage of the child, the enlistment of the child in the
armed forces of the United States, necessary surgical and
other medical treatment for the child, and to consent to such
other matters as might normally be required of the parent of
the child.
If a child has not been adopted within six months after
the date of the order and a guardianship of the child under
RCW 13.34.231 or chapter 11.88 RCW, or a permanent
custody order under chapter 26.10 RCW, has not been
entered by the court, the court shall review the case every
six months until a decree of adoption is entered except for
those cases which are reviewed by a citizen review board
under chapter 13.70 RCW. [2000 c 122 § 28; 1991 c 127 §
6; 1988 c 203 § 2; 1979 c 155 § 49; 1977 ex.s. c 291 § 49.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.34.230 Guardianship for dependent child—
Petition for—Notice to, intervention by, department. Any
party to a dependency proceeding, including the supervising
agency, may file a petition in juvenile court requesting that
guardianship be created as to a dependent child. The
department of social and health services shall receive notice
of any guardianship proceedings and have the right to
intervene in the proceedings. [1981 c 195 § 1; 1979 c 155
§ 51.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.34.231 Guardianship for dependent child—
Hearing—Rights of parties—Rules of evidence—
Guardianship established, when. At the hearing on a
dependency guardianship petition, all parties have the right
to present evidence and cross examine witnesses. The rules
of evidence apply to the conduct of the hearing. A guardianship shall be established if the court finds by a preponderance of the evidence that:
(1) The child has been found to be a dependent child
under RCW 13.34.030;
(2) A dispositional order has been entered pursuant to
RCW 13.34.130;
(3) The child has been removed or will, at the time of
the hearing, have been removed from the custody of the
parent for a period of at least six months pursuant to a
finding of dependency under RCW 13.34.030;
(4) The services ordered under RCW 13.34.130 and
13.34.136 have been offered or provided and all necessary
services, reasonably available, capable of correcting the
parental deficiencies within the foreseeable future have been
offered or provided;
[Title 13 RCW—page 49]
13.34.231
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(5) There is little likelihood that conditions will be
remedied so that the child can be returned to the parent in
the near future; and
(6) A guardianship, rather than termination of the
parent-child relationship or continuation of efforts to return
the child to the custody of the parent, would be in the best
interest of the child. [2000 c 122 § 29; 1994 c 288 § 6;
1981 c 195 § 2.]
13.34.232 Guardianship for dependent child—
Order, contents—Rights and duties of dependency
guardian. (1) If the court has made a finding under RCW
13.34.231, it shall enter an order establishing a dependency
guardianship for the child. The order shall:
(a) Appoint a person or agency to serve as dependency
guardian for the limited purpose of assisting the court to
supervise the dependency;
(b) Specify the dependency guardian’s rights and
responsibilities concerning the care, custody, and control of
the child. A dependency guardian shall not have the
authority to consent to the child’s adoption;
(c) Specify the dependency guardian’s authority, if any,
to receive, invest, and expend funds, benefits, or property
belonging to the child;
(d) Specify an appropriate frequency of visitation
between the parent and the child; and
(e) Specify the need for any continued involvement of
the supervising agency and the nature of that involvement,
if any.
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the
physical custody of the child and have the following rights
and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required
by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and
sign a release of health care information to appropriate
authorities, pursuant to law;
(d) Consent to social and school activities of the child;
and
(e) Provide an annual written accounting to the court
regarding receipt by the dependency guardian of any funds,
benefits, or property belonging to the child and expenditures
made therefrom.
(3) As used in this section, the term "health care"
includes, but is not limited to, medical, dental, psychological,
and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of
the guardianship. While the guardianship remains in effect,
the dependency guardian shall be a party to any dependency
proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until
the child is eighteen years of age or until the court terminates the guardianship order, whichever occurs sooner.
[1994 c 288 § 7; 1993 c 412 § 4; 1981 c 195 § 3.]
13.34.233 Guardianship for dependent child—
Modification or termination of order—Hearing—
Termination of guardianship. (1) Any party may request
the court under RCW 13.34.150 to modify or terminate a
[Title 13 RCW—page 50]
dependency guardianship order. Notice of any motion to
modify or terminate the guardianship shall be served on all
other parties, including any agency that was responsible for
supervising the child’s placement at the time the guardianship petition was filed. Notice in all cases shall be served
upon the department. If the department was not previously
a party to the guardianship proceeding, the department shall
nevertheless have the right to: (a) Initiate a proceeding to
modify or terminate a guardianship; and (b) intervene at any
stage of such a proceeding.
(2) The guardianship may be modified or terminated
upon the motion of any party or the department if the court
finds by a preponderance of the evidence that there has been
a substantial change of circumstances subsequent to the
establishment of the guardianship and that it is in the child’s
best interest to modify or terminate the guardianship. The
court shall hold a hearing on the motion before modifying or
terminating a guardianship.
(3) Upon entry of an order terminating the guardianship,
the dependency guardian shall not have any rights or
responsibilities with respect to the child and shall not have
legal standing to participate as a party in further dependency
proceedings pertaining to the child. The court may allow the
child’s dependency guardian to attend dependency review
proceedings pertaining to the child for the sole purpose of
providing information about the child to the court.
(4) Upon entry of an order terminating the guardianship,
the child shall remain dependent and the court shall either
return the child to the child’s parent or order the child into
the custody, control, and care of the department or a licensed
child-placing agency for placement in a foster home or group
care facility licensed pursuant to chapter 74.15 RCW or in
a home not required to be licensed pursuant to such chapter.
The court shall not place a child in the custody of the child’s
parent unless the court finds that reasons for removal as set
forth in RCW 13.34.130 no longer exist and that such
placement is in the child’s best interest. The court shall
thereafter conduct reviews as provided in RCW 13.34.138
and, where applicable, shall hold a permanency planning
hearing in accordance with RCW 13.34.145. [2000 c 122 §
30; 1995 c 311 § 24; 1994 c 288 § 8; 1981 c 195 § 4.]
13.34.234 Guardianship for dependent child—
Dependency guardian may receive foster care payments.
Establishment of a dependency guardianship under RCW
13.34.231 and 13.34.232 does not preclude the dependency
guardian from receiving foster care payments. [1994 c 288
§ 9; 1981 c 195 § 5.]
13.34.235 Guardianship for dependent child—
Review hearing requirements not applicable—Exception.
A dependency guardianship is not subject to the review
hearing requirements of RCW 13.34.138 unless ordered by
the court under RCW 13.34.232(1)(e). [2000 c 122 § 31;
1981 c 195 § 6.]
13.34.236 Guardianship for dependent child—
Qualifications for dependency guardian—Consideration
of preferences of parent. (1) Any person over the age of
twenty-one years who is not otherwise disqualified by this
section, any nonprofit corporation, or any Indian tribe may
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
be appointed the dependency guardian of a child under RCW
13.34.232. No person is qualified to serve as a dependency
guardian unless the person meets the minimum requirements
to care for children as provided in RCW 74.15.030.
(2) If the preferences of a child’s parent were not
considered under RCW 13.34.260 as they relate to the
proposed dependency guardian, the court shall consider such
preferences before appointing the dependency guardian.
[1994 c 288 § 10; 1981 c 195 § 7.]
13.34.240 Acts, records, and proceedings of Indian
tribe or band given full faith and credit. The courts of
this state shall give full faith and credit as provided for in
the United States Constitution to the public acts, records, and
judicial proceedings of any Indian tribe or band in any proceeding brought pursuant to this chapter to the same extent
that full faith and credit is given to the public acts, records,
and judicial proceedings of any other state. [1979 c 155 §
52.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.34.245 Voluntary consent to foster care placement for Indian child—Validation—Withdrawal of
consent—Termination. (1) Where any parent or Indian
custodian voluntarily consents to foster care placement of an
Indian child and a petition for dependency has not been filed
regarding the child, such consent shall not be valid unless
executed in writing before the court and filed with the court.
The consent shall be accompanied by the written certification
of the court that the terms and consequences of the consent
were fully explained in detail to the parent or Indian custodian during the court proceeding and were fully understood by
the parent or Indian custodian. The court shall also certify
in writing either that the parent or Indian custodian fully
understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian
understood. Any consent given prior to, or within ten days
after, the birth of the Indian child shall not be valid.
(2) To obtain court validation of a voluntary consent to
foster care placement, any person may file a petition for
validation alleging that there is located or residing within the
county an Indian child whose parent or Indian custodian
wishes to voluntarily consent to foster care placement of the
child and requesting that the court validate the consent as
provided in this section. The petition shall contain the name,
date of birth, and residence of the child, the names and
residences of the consenting parent or Indian custodian, and
the name and location of the Indian tribe in which the child
is a member or eligible for membership. The petition shall
state whether the placement preferences of 25 U.S.C. Sec.
1915 (b) or (c) will be followed. Reasonable attempts shall
be made by the petitioner to ascertain and set forth in the
petition the identity, location, and custodial status of any
parent or Indian custodian who has not consented to foster
care placement and why that parent or Indian custodian
cannot assume custody of the child.
(3) Upon filing of the petition for validation, the clerk
of the court shall schedule the petition for a hearing on the
court validation of the voluntary consent no later than fortyeight hours after the petition has been filed, excluding
(2002 Ed.)
13.34.236
Saturdays, Sundays, and holidays. Notification of time, date,
location, and purpose of the validation hearing shall be
provided as soon as possible to the consenting parent or
Indian custodian, the department or other child-placing
agency which is to assume responsibility for the child’s
placement and care pursuant to the consent to foster care
placement, and the Indian tribe in which the child is enrolled
or eligible for enrollment as a member. If the identity and
location of any nonconsenting parent or Indian custodian is
known, reasonable attempts shall be made to notify the
parent or Indian custodian of the consent to placement and
the validation hearing. Notification under this subsection
may be given by the most expedient means, including, but
not limited to, mail, personal service, telephone, and telegraph.
(4) Any parent or Indian custodian may withdraw
consent to a voluntary foster care placement, made under
this section, at any time. Unless the Indian child has been
taken in custody pursuant to RCW 13.34.050 or 26.44.050,
placed in shelter care pursuant to RCW 13.34.060, or placed
in foster care pursuant to RCW 13.34.130, the Indian child
shall be returned to the parent or Indian custodian upon
withdrawal of consent to foster care placement of the child.
(5) Upon termination of the voluntary foster care
placement and return of the child to the parent or Indian
custodian, the department or other child-placing agency
which had assumed responsibility for the child’s placement
and care pursuant to the consent to foster care placement
shall file with the court written notification of the child’s
return and shall also send such notification to the Indian
tribe in which the child is enrolled or eligible for enrollment
as a member and to any other party to the validation
proceeding including any noncustodial parent. [1997 c 386
§ 18; 1987 c 170 § 2.]
Application—1997 c 386: See note following RCW 74.14D.010.
Severability—1987 c 170: See note following RCW 13.04.030.
13.34.250 Preference characteristics when placing
Indian child in foster care home. Whenever appropriate,
an Indian child shall be placed in a foster care home with
the following characteristics which shall be given preference
in the following order:
(1) Relatives;
(2) An Indian family of the same tribe as the child;
(3) An Indian family of a Washington Indian tribe of a
similar culture to that tribe;
(4) Any other family which can provide a suitable home
for an Indian child, such suitability to be determined through
consultation with a local Indian child welfare advisory
committee. [1979 c 155 § 53.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.34.260 Foster home placement—Parental
preferences. In an attempt to minimize the inherent
intrusion in the lives of families involved in the foster care
system and to maintain parental authority where appropriate,
the department, absent good cause, shall follow the wishes
of the natural parent regarding the placement of the child.
Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when
[Title 13 RCW—page 51]
13.34.260
Title 13 RCW: Juvenile Courts and Juvenile Offenders
matching children to foster homes. Parental authority is
appropriate in areas that are not connected with the abuse or
neglect that resulted in the dependency and shall be integrated through the foster care team. For purposes of this
section, "foster care team" means the foster parent currently
providing care, the currently assigned social worker, and the
parent or parents. [2002 c 52 § 7; 2000 c 122 § 32; 1990 c
284 § 25.]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
13.34.270 Child with developmental disability—
Out-of-home placement—Permanency planning hearing.
(1) Whenever the department places a child with a developmental disability in out-of-home care pursuant to RCW
74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that
continued placement is in the best interests of the child. If
the child’s out-of-home placement ends before one hundred
eighty days have elapsed, no judicial determination is
required.
(2) To obtain the judicial determination, the department
shall file a petition alleging that there is located or residing
within the county a child who has a developmental disability
and that the child has been placed in out-of-home care
pursuant to RCW 74.13.350. The petition shall request that
the court review the child’s placement, make a determination
whether continued placement is in the best interests of the
child, and take other necessary action as provided in this
section. The petition shall contain the name, date of birth,
and residence of the child and the names and residences of
the child’s parent or legal guardian who has agreed to the
child’s placement in out-of-home care. Reasonable attempts
shall be made by the department to ascertain and set forth in
the petition the identity, location, and custodial status of any
parent who is not a party to the placement agreement and
why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court
shall schedule the petition for a hearing to be held no later
than fourteen calendar days after the petition has been filed.
The department shall provide notification of the time, date,
and purpose of the hearing to the parent or legal guardian
who has agreed to the child’s placement in out-of-home care.
The department shall also make reasonable attempts to notify
any parent who is not a party to the placement agreement, if
the parent’s identity and location is known. Notification
under this section may be given by the most expedient
means, including but not limited to, mail, personal service,
and telephone.
(4) The court shall appoint a guardian ad litem for the
child as provided in RCW 13.34.100, unless the court for
good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as
provided in this section. At the hearing, the court shall
review whether the child’s best interests are served by
continued out-of-home placement and determine the future
legal status of the child.
(a) For children age ten and under, a permanency
planning hearing shall be held in all cases where the child
has remained in out-of-home care for at least nine months
[Title 13 RCW—page 52]
and an adoption decree or guardianship order under chapter
11.88 RCW has not previously been entered. The hearing
shall take place no later than twelve months following
commencement of the child’s current placement episode.
(b) For children over age ten, a permanency planning
hearing shall be held in all cases where the child has
remained in out-of-home care for at least fifteen months and
an adoption decree or guardianship order under chapter 11.88
RCW has not previously been entered. The hearing shall
take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written
permanency plan to the court and shall mail a copy of the
plan to all parties. The plan shall be directed toward
securing a safe, stable, and permanent home for the child as
soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify
additional outcomes as alternative goals: Return of the child
to the home of the child’s parent or legal guardian; adoption;
guardianship; or long-term out-of-home care, until the child
is age eighteen, with a written agreement between the parties
and the child’s care provider.
(d) If a goal of long-term out-of-home care has been
achieved before the permanency planning hearing, the court
shall review the child’s status to determine whether the
placement and the plan for the child’s care remains appropriate. In cases where the primary permanency planning goal
has not been achieved, the court shall inquire regarding the
reasons why the primary goal has not been achieved and
determine what needs to be done to make it possible to
achieve the primary goal.
(e) Following the first permanency planning hearing, the
court shall hold a further permanency planning hearing in
accordance with this section at least once every twelve
months until a permanency planning goal is achieved or the
voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement
may terminate the agreement at any time. Upon termination
of the agreement, the child shall be returned to the care of
the child’s parent or legal guardian, unless the child has been
taken into custody pursuant to RCW 13.34.050 or 26.44.050,
placed in shelter care pursuant to RCW 13.34.060, or placed
in foster care pursuant to RCW 13.34.130. The department
shall notify the court upon termination of the voluntary
placement agreement and return of the child to the care of
the child’s parent or legal guardian. Whenever a voluntary
placement agreement is terminated, an action under this
section shall be dismissed.
(7) This section does not prevent the department from
filing a dependency petition if there is reason to believe that
the child is a dependent child as defined in RCW 13.34.030.
An action filed under this section shall be dismissed upon
the filing of a dependency petition regarding a child who is
the subject of the action under this section. [2000 c 122 §
33; 1998 c 229 § 2; 1997 c 386 § 19.]
Application—1997 c 386: See note following RCW 74.14D.010.
13.34.300 Relevance of failure to cause juvenile to
attend school to neglect petition. The legislature finds that
it is the responsibility of the custodial parent, parents or
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
guardian to ensure that children within the custody of such
individuals attend school as provided for by law. To this
end, while a parent’s failure to cause a juvenile to attend
school should not alone provide a basis for a neglect petition
against the parent or guardian, when a neglect petition is
filed on the basis of other evidence, a parent or guardian’s
failure to take reasonable steps to ensure that the juvenile
attends school may be relevant to the question of the
appropriate disposition of a neglect petition. [2000 c 122 §
34; 1979 ex.s. c 201 § 3.]
13.34.320 Inpatient mental health treatment—When
parental consent required—Hearing. The department shall
obtain the prior consent of a child’s parent, legal guardian,
or legal custodian before a dependent child is admitted into
an inpatient mental health treatment facility. If the child’s
parent, legal guardian, or legal custodian is unavailable or
does not agree with the proposed admission, the department
shall request a hearing and provide notice to all interested
parties to seek prior approval of the juvenile court before
such admission. In the event that an emergent situation
creating a risk of substantial harm to the health and welfare
of a child in the custody of the department does not allow
time for the department to obtain prior approval or to request
a court hearing before consenting to the admission of the
child into an inpatient mental health hospital, the department
shall seek court approval by requesting that a hearing be set
on the first available court date. [1999 c 188 § 2.]
Intent—1999 c 188: "It is the intent of the legislature that minor
children in the care and custody of the department of social and health
services under chapter 13.34 RCW be provided the most appropriate
possible mental health care consistent with the child’s best interests, family
reconciliation, the child’s medical need for mental health treatment,
available state and community resources, and professional standards of
medical care. The legislature intends that admission of such minors for
mental health hospitalization be made pursuant to the criteria and standards
for mental health services for minors established in chapter 71.34 RCW, and
that minor children in the care and custody of the department in need of
mental health hospitalization shall retain all rights set forth therein. The
legislature specifically intends that this act may not be construed to affect
the standards or procedures established for the involuntary commitment of
minors under chapter 71.34 RCW." [1999 c 188 § 1.]
13.34.330 Inpatient mental health treatment—
Placement. A dependent child who is admitted to an
inpatient mental health facility shall be placed in a facility,
with available treatment space, that is closest to the family
home, unless the department, in consultation with the
admitting authority finds that admission in the facility closest
to the child’s home would jeopardize the health or safety of
the child. [1999 c 188 § 3.]
Intent—1999 c 188: See note following RCW 13.34.320.
13.34.340 Release of records—Disclosure to treating
physician. For minors who cannot consent to the release of
their records with the department because they are not old
enough to consent to treatment, or, if old enough, lack the
capacity to consent, or if the minor is receiving treatment
involuntarily with a provider the department has authorized
to provide mental health treatment under RCW 13.34.320,
the department shall disclose, upon the treating physician’s
request, all relevant records, including the minor’s passport
as established under RCW 74.13.285, in the department’s
(2002 Ed.)
13.34.300
possession that the treating physician determines contain
information required for treatment of the minor. The
treating physician shall maintain all records received from
the department in a manner that distinguishes the records
from any other records in the minor’s file with the treating
physician and the department records may not be disclosed
by the treating physician to any other person or entity absent
a court order except that, for medical purposes only, a
treating physician may disclose the department records to
another treating physician. [2000 c 122 § 35; 1999 c 188 §
4.]
Intent—1999 c 188: See note following RCW 13.34.320.
13.34.350 Dependent children—Information sharing—Guidelines. In order to facilitate communication of
information needed to serve the best interest of any child
who is the subject of a dependency case filed under this
chapter, the department of social and health services shall,
consistent with state and federal law governing the release of
confidential information, establish guidelines, and shall use
those guidelines for the facilitation of communication of
relevant information among divisions, providers, the courts,
the family, caregivers, caseworkers, and others. [2001 c 52
§ 2.]
Finding—2001 c 52: "Recent analysis of the child dependency
system following the death of Zy’Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within
programs between caseworkers, between divisions, among specialists,
caregivers, and family. Appropriate service delivery necessitates communication of relevant information. Barriers to appropriate communication must
be eliminated." [2001 c 52 § 1.]
Construction—2001 c 52: "Nothing in this act shall be construed to
create a private right of action or claim against the department of social and
health services on the part of any individual or organization." [2001 c 52
§ 4.]
13.34.360 Transfer of newborn to qualified person—Criminal liability—Notification to child protective
services—Definitions. (1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency
department of a hospital licensed under chapter 70.41 RCW
during the hours the hospital is in operation; or (ii) a fire
station during its hours of operation and while fire personnel
are present.
(b) "Newborn" means a live human being who is less
than seventy-two hours old.
(c) "Qualified person" means (i) any person that the
parent transferring the newborn reasonably believes is a bona
fide employee, volunteer, or medical staff member of the
hospital and who represents to the parent transferring the
newborn that he or she can and will summon appropriate
resources to meet the newborn’s immediate needs; or (ii) a
fire fighter, volunteer, or emergency medical technician at a
fire station who represents to the parent transferring the
newborn that he or she can and will summon appropriate
resources to meet the newborn’s immediate needs.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location is not subject to
criminal liability under RCW 9A.42.060, 9A.42.070,
9A.42.080, 26.20.030, or 26.20.035.
(3)(a) The qualified person at an appropriate location
shall not require the parent transferring the newborn to
[Title 13 RCW—page 53]
13.34.360
Title 13 RCW: Juvenile Courts and Juvenile Offenders
provide any identifying information in order to transfer the
newborn.
(b) The qualified person at an appropriate location shall
attempt to protect the anonymity of the parent who transfers
the newborn, while providing an opportunity for the parent
to anonymously give the qualified person such information
as the parent knows about the family medical history of the
parents and the newborn. The qualified person at an
appropriate location shall provide referral information about
adoption options, counseling, appropriate medical and
emotional aftercare services, domestic violence, and legal
rights to the parent seeking to transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a
qualified person at an appropriate location pursuant to this
section, the qualified person shall cause child protective
services to be notified within twenty-four hours after receipt
of such a newborn. Child protective services shall assume
custody of the newborn within twenty-four hours after
receipt of notification.
(d) A hospital or fire station, its employees, volunteers,
and medical staff are immune from any criminal or civil
liability for accepting or receiving a newborn under this
section. [2002 c 331 § 2.]
Intent—2002 c 331: "The legislature intends to increase the
likelihood that pregnant women will obtain adequate prenatal care and will
provide their newborns with adequate health care during the first few days
of their lives. The legislature recognizes that prenatal and postdelivery
health care for newborns and their mothers is especially critical to their
survival and well-being. The legislature does not intend to encourage the
abandonment of newborn children nor to change existing law relating to
notification to parents under chapter 13.34 RCW, but rather to assure that
abandonment does not occur and that all newborns have an opportunity for
adequate health care and a stable home life." [2002 c 331 § 1.]
Effective date—2002 c 331: "Sections 1 through 7 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 3, 2002]." [2002 c 331 § 9.]
13.34.800 Drug-affected and alcohol-affected
infants—Model project. To the extent funds are appropriated, the department shall operate a model project to provide
services to women who give birth to infants exposed to the
nonprescription use of controlled substances or abuse of
alcohol by the mother during pregnancy. Within available
funds, the project may be offered in one site in each of the
three department’s administrative regions that have the
highest incidence of drug-affected or alcohol-affected infants
annually. The project shall accept women referred to it by
the department following the birth of a drug-affected or alcohol-affected infant. The model project shall be concluded by
July 1, 2002. [1998 c 314 § 30.]
Effective date—1998 c 314: "Sections 18 through 24, 26 through 28,
30 through 39, and 41 through 44 of this act take effect January 1, 1999."
[1998 c 314 § 46.]
13.34.801 Rules—Definition of "drug-affected
infant." By July 1, 1999, the department of social and
health services, in consultation with the department of health,
shall adopt rules to implement chapter 314, Laws of 1998,
including a definition of "drug-affected infant," which shall
be limited to infants who are affected by a mother’s nonprescription use of controlled substances. [1998 c 314 § 25.]
13.34.802 Rules—Definition of "alcohol-affected
infant." By July 1, 1999, the department of social and
health services, in consultation with the department of health,
shall adopt rules to implement chapter 314, Laws of 1998,
including a definition of "alcohol-affected infant," which
shall be limited to infants who are affected by a mother’s
abuse of alcohol. [1998 c 314 § 29.]
13.34.803 Drug-affected and alcohol-affected
infants—Comprehensive plan—Report. (1) The departments of health and social and health services shall develop
a comprehensive plan for providing services to mothers who
(a) have delivered a drug or alcohol exposed or affected
infant, and (b) meet the definition of at-risk eligible persons
in RCW 74.09.790 and who have a child up to three years
of age. The services to be provided by the plan will include
those defined in RCW 74.09.790. The plan shall provide for
the coordination of services through community-based
programs and among: (i) The departments; (ii) the
departments’ divisions; and (iii) other state agencies. The
plan shall include recommendations to the legislature for
implementing the plan and any alternative methods for
addressing the needs of these mothers and their children.
(2) In developing the plan, the department of health
shall inventory the community-based programs that may be
accessed to provide services to these mothers and their
children; evaluate implementing services for these mothers
through extension of the maternity care access system; and
evaluate the fiscal impact of the plan. In performing the
fiscal evaluation, the department shall calculate potential
long-term cost savings to the state resulting from reduced
use of the medical, juvenile justice, public assistance, and
dependency systems by children and mothers receiving
services under the plan.
(3) The department shall submit a report describing the
plan to the appropriate committees of the house of representatives and senate by November 1, 1998. [1998 c 314 § 40.]
13.34.805 Drug-affected infants—Study. To the
extent funds are appropriated, the institute for public policy
shall study the cost-effectiveness of chapter 314, Laws of
1998 and report to the governor and legislature not later than
January 1, 2002. The study shall measure the reduction in
the birth rate of drug-affected infants among women and
shall compare the reduction with the rate of birth of drugaffected infants born to women referred to chemical dependency treatment programs. The study shall identify the
factors that promote or discourage the ability of women to
avoid giving birth to drug-affected infants. [1998 c 314 §
31.]
Effective date—1998 c 314: See note following RCW 13.34.800.
13.34.8051 Drug-affected infants—Study—Alcoholaffected infants to be included. To the extent funds are
appropriated, the institute for public policy study referenced
in RCW 13.34.805 shall include alcohol-affected births.
[1998 c 314 § 32.]
Effective date—1998 c 314: See note following RCW 13.34.800.
13.34.810 Implementation of chapter 314, Laws of
1998. The department of community, trade, and economic
[Title 13 RCW—page 54]
(2002 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
development shall contract with The Evergreen State College
for completion of the study by the Washington institute for
public policy ordered pursuant to sections 14 through 16,
chapter 314, Laws of 1998. The department of community,
trade, and economic development shall contract with the
department of social and health services for the purpose of
implementing *sections 18 through 44, chapter 314, Laws of
1998. No funds for administrative expenses may be deducted by the department of community, trade, and economic
development prior to allocation as provided in this section.
[1998 c 314 § 48.]
*Reviser’s note: Sections 18 through 24, 26 through 28, and 39 of
this act were vetoed by the governor.
Chapter 13.40
JUVENILE JUSTICE ACT OF 1977
Sections
13.40.005
Juvenile disposition standards commission—Abolished—
References to commission—Transfer of powers, duties,
and functions.
13.40.010 Short title—Intent—Purpose.
13.40.020 Definitions.
13.40.030 Security guidelines—Legislative review.
13.40.0351 Equal application of guidelines and standards.
13.40.0357 Juvenile offender sentencing standards.
13.40.038 County juvenile detention facilities—Policy—Detention and
risk assessment standards.
13.40.040 Taking juvenile into custody, grounds—Detention of,
grounds—Detention pending disposition—Release on
bond, conditions—Bail jumping.
13.40.045 Escapees—Arrest warrants.
13.40.050 Detention procedures—Notice of hearing—Conditions of
release—Consultation with parent, guardian, or custodian.
13.40.054 Probation bond or collateral—Modification or revocation of
probation bond.
13.40.056 Nonrefundable bail fee.
13.40.060 Jurisdiction of actions—Transfer of case and records,
when—Change in venue, grounds.
13.40.070 Complaints—Screening—Filing information—Diversion—
Modification of community supervision—Notice to
parent or guardian—Probation counselor acting for
prosecutor—Referral to mediation or reconciliation
programs.
13.40.077 Recommended prosecuting standards for charging and plea
dispositions.
13.40.080 Diversion agreement—Scope—Limitations—Restitution
orders—Divertee’s rights—Diversion unit’s powers and
duties—Interpreters—Modification—Fines.
13.40.085 Diversion services costs—Fees—Payment by parent or legal
guardian.
13.40.090 Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
13.40.100 Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.
13.40.110 Hearing on question of declining jurisdiction—Held, when—
Findings.
13.40.120 Hearings—Time and place.
13.40.127 Deferred disposition.
13.40.130 Procedure upon plea of guilty or not guilty to information
allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing.
13.40.135 Sexual motivation special allegation—Procedures.
13.40.140 Juveniles entitled to usual judicial rights—Notice of—Open
court—Privilege against self-incrimination—Waiver of
rights, when.
13.40.145 Payment of fees for legal services by publicly funded counsel—Hearing—Order or decree—Entering and enforcing
judgments.
(2002 Ed.)
13.40.150
13.40.160
13.40.165
13.40.180
13.40.185
13.40.190
13.40.192
13.40.193
13.40.196
13.40.198
13.40.200
13.40.205
13.40.210
13.40.212
13.40.215
13.40.217
13.40.220
13.40.230
13.40.240
13.40.250
13.40.265
13.40.280
13.40.285
13.40.300
13.40.310
13.40.320
13.40.400
13.40.430
13.40.440
13.40.450
13.40.460
13.40.470
13.40.480
13.40.500
13.40.510
13.40.520
13.40.530
13.34.810
Disposition hearing—Scope—Factors to be considered prior
to entry of dispositional order.
Disposition order—Court’s action prescribed—Disposition
outside standard range—Right of appeal—Special sex
offender disposition alternative.
Chemical dependency disposition alternative.
Disposition order—Consecutive terms when two or more
offenses—Limitations.
Disposition order—Confinement under departmental supervision or in juvenile facility, when.
Disposition order—Restitution for loss—Modification of
restitution order.
Legal financial obligations—Enforceability—Treatment of
obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment.
Firearms—Length of confinement.
Firearms—Special allegation.
Penalty assessments—Jurisdiction of court.
Violation of order of restitution, community supervision,
fines, penalty assessments, or confinement—
Modification of order after hearing—Scope—Rights—
Use of fines.
Release from physical custody, when—Authorized leaves—
Leave plan and order—Notice.
Setting of release date—Administrative release authorized,
when—Parole program, revocation or modification of,
scope—Intensive supervision program—Parole officer’s
right of arrest.
Intensive supervision program—Elements—Report.
Juveniles found to have committed violent or sex offense or
stalking—Notification of discharge, parole, leave, release, transfer, or escape—To whom given—School
attendance—Definitions.
Juveniles adjudicated of sex offenses—Release of information authorized.
Costs of support, treatment, and confinement—Order—
Contempt of court.
Appeal from order of disposition—Jurisdiction—
Procedure—Scope—Release pending appeal.
Construction of RCW references to juvenile delinquents or
juvenile delinquency.
Traffic and civil infraction cases.
Firearm, alcohol, and drug violations.
Transfer of juvenile to department of corrections facility—
Grounds—Hearing—Term—Retransfer to a facility for
juveniles.
Juvenile offender sentenced to terms in juvenile and adult
facilities—Transfer to department of corrections—Term
of confinement.
Commitment of juvenile beyond age twenty-one prohibited—Jurisdiction of juvenile court after juvenile’s eighteenth birthday.
Transitional treatment program for gang and drug-involved
juvenile offenders.
Juvenile offender basic training camp program.
Applicability of RCW 10.01.040 to chapter.
Disparity in disposition of juvenile offenders—Data collection—Annual report.
Chapter 9.92 RCW not to affect dispositions under juvenile
justice act.
Chapters 13.04 and 13.40 RCW as exclusive authority for
adjudication and disposition of juvenile offenders.
Juvenile rehabilitation programs—Administration.
Vulnerable youth committed to residential facilities—
Protection from sexually aggressive youth—Assessment
process.
Student records and information—Reasons for release—Who
may request.
Community juvenile accountability programs—Findings—
Purpose.
Community juvenile accountability programs—
Establishment—Proposals—Guidelines.
Community juvenile accountability programs—Grants.
Community juvenile accountability programs—Effectiveness
standards.
[Title 13 RCW—page 55]
Chapter 13.40
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.40.540
Community juvenile accountability programs—Information
collection—Report.
13.40.550 Community juvenile accountability programs—Short title.
13.40.560 Juvenile accountability incentive account.
13.40.570 Sexual misconduct by state employees, contractors.
13.40.580 Youth courts—Diversion.
13.40.590 Youth court programs.
13.40.600 Youth court jurisdiction.
13.40.610 Youth court notification of satisfaction of conditions.
13.40.620 Appearance before youth court with parent, guardian, or
legal custodian.
13.40.630 Youth court dispositions.
13.40.640 Youth court nonrefundable fee.
Health and dental examination and care for juveniles in detention facility—
Consent: RCW 13.04.047.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Treatment of juvenile offenders: RCW 74.14A.030, 74.14A.040.
13.40.005 Juvenile disposition standards commission—Abolished—References to commission—Transfer of
powers, duties, and functions. (1) The juvenile disposition
standards commission is hereby abolished and its powers,
duties, and functions are hereby transferred to the sentencing
guidelines commission. All references to the director or the
juvenile disposition standards commission in the Revised
Code of Washington shall be construed to mean the director
or the sentencing guidelines commission.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
juvenile disposition standards commission shall be delivered
to the custody of the sentencing guidelines commission. All
cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the juvenile disposition
standards commission shall be made available to the sentencing guidelines commission. All funds, credits, or other
assets held by the juvenile disposition standards commission
shall be assigned to the sentencing guidelines commission.
(b) Any appropriations made to the juvenile disposition
standards commission shall, on June 30, 1997, be transferred
and credited to the sentencing guidelines commission.
(c) If any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All employees of the juvenile disposition standards
commission are transferred to the jurisdiction of the sentencing guidelines commission. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned
to the sentencing guidelines commission to perform their
usual duties upon the same terms as formerly, without any
loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the
juvenile disposition standards commission shall be continued
and acted upon by the sentencing guidelines commission.
All existing contracts and obligations shall remain in full
force and shall be performed by the sentencing guidelines
commission.
(5) The transfer of the powers, duties, functions, and
personnel of the juvenile disposition standards commission
[Title 13 RCW—page 56]
shall not affect the validity of any act performed before June
30, 1997.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed
to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until
the agreement has expired or until the bargaining unit has
been modified by action of the personnel board as provided
by law. [1995 c 269 § 301.]
Reviser’s note: 1995 c 269 directed that this section be added to
chapter 9.94A RCW. This section has been codified in chapter 13.40 RCW,
which relates more directly to the juvenile disposition standards commission.
Effective date—1995 c 269 § 301: "Section 301 of this act shall take
effect June 30, 1996." [1996 c 232 § 8; 1995 c 269 § 3603.]
Part headings not law—1995 c 269: "Part headings as used in this
act do not constitute any part of the law." [1995 c 269 § 3601.]
Severability—1995 c 269: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 269 § 3602.]
13.40.010 Short title—Intent—Purpose. (1) This
chapter shall be known and cited as the Juvenile Justice Act
of 1977.
(2) It is the intent of the legislature that a system
capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders,
as defined by this chapter, be established. It is the further
intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families,
and the juvenile courts carry out their functions consistent
with this intent. To effectuate these policies, the legislature
declares the following to be equally important purposes of
this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles
have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or
her criminal behavior;
(d) Provide for punishment commensurate with the age,
crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have
committed an offense;
(f) Provide necessary treatment, supervision, and
custody for juvenile offenders;
(g) Provide for the handling of juvenile offenders by
communities whenever consistent with public safety;
(h) Provide for restitution to victims of crime;
(i) Develop effective standards and goals for the
operation, funding, and evaluation of all components of the
juvenile justice system and related services at the state and
local levels;
(j) Provide for a clear policy to determine what types of
offenders shall receive punishment, treatment, or both, and
to determine the jurisdictional limitations of the courts,
institutions, and community services; and
(2002 Ed.)
Juvenile Justice Act of 1977
(k) Encourage the parents, guardian, or custodian of the
juvenile to actively participate in the juvenile justice process.
[1997 c 338 § 8; 1992 c 205 § 101; 1977 ex.s. c 291 § 55.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Part headings not law—1992 c 205: "Part headings as used in this
act do not constitute any part of the law." [1992 c 205 § 405.]
Severability—1992 c 205: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 205 § 406.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.020 Definitions. For the purposes of this
chapter:
(1) "Community-based rehabilitation" means one or
more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance
abuse treatment programs, outpatient mental health programs,
anger management classes, education or outpatient treatment
programs to prevent animal cruelty, or other services; or
attendance at school or other educational programs appropriate for the juvenile as determined by the school
district. Placement in community-based rehabilitation
programs is subject to available funds;
(2) Community-based sanctions may include one or
more of the following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred
fifty hours of community restitution;
(3) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the
community by the offender as punishment for committing an
offense. Community restitution may be performed through
public or private organizations or through work crews;
(4) "Community supervision" means an order of
disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense
may be for a period of up to two years for a sex offense as
defined by RCW 9.94A.030 and up to one year for other
offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain
from committing new offenses. As a mandatory condition
of community supervision, the court shall order the juvenile
to comply with the mandatory school attendance provisions
of chapter 28A.225 RCW and to inform the school of the
existence of this requirement. Community supervision is an
individualized program comprised of one or more of the
following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the
department of social and health services in a facility operated
by or pursuant to a contract with the state, or physical
custody in a detention facility operated by or pursuant to a
contract with any county. The county may operate or
(2002 Ed.)
13.40.010
contract with vendors to operate county detention facilities.
The department may operate or contract to operate detention
facilities for juveniles committed to the department. Pretrial
confinement or confinement of less than thirty-one days
imposed as part of a disposition or modification order may
be served consecutively or intermittently, in the discretion of
the court;
(6) "Court," when used without further qualification,
means the juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints
against the respondent for which, prior to the commission of
a current offense:
(a) The allegations were found correct by a court. If a
respondent is convicted of two or more charges arising out
of the same course of conduct, only the highest charge from
among these shall count as an offense for the purposes of
this chapter; or
(b) The criminal complaint was diverted by a prosecutor
pursuant to the provisions of this chapter on agreement of
the respondent and after an advisement to the respondent that
the criminal complaint would be considered as part of the
respondent’s criminal history. A successfully completed
deferred adjudication that was entered before July 1, 1998,
or a deferred disposition shall not be considered part of the
respondent’s criminal history;
(8) "Department" means the department of social and
health services;
(9) "Detention facility" means a county facility, paid for
by the county, for the physical confinement of a juvenile
alleged to have committed an offense or an adjudicated
offender subject to a disposition or modification order.
"Detention facility" includes county group homes, inpatient
substance abuse programs, juvenile basic training camps, and
electronic monitoring;
(10) "Diversion unit" means any probation counselor
who enters into a diversion agreement with an alleged
youthful offender, or any other person, community accountability board, youth court under the supervision of the
juvenile court, or other entity except a law enforcement
official or entity, with whom the juvenile court administrator
has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in
accordance with the requirements of this chapter. For
purposes of this subsection, "community accountability
board" means a board comprised of members of the local
community in which the juvenile offender resides. The
superior court shall appoint the members. The boards shall
consist of at least three and not more than seven members.
If possible, the board should include a variety of representatives from the community, such as a law enforcement
officer, teacher or school administrator, high school student,
parent, and business owner, and should represent the cultural
diversity of the local community;
(11) "Foster care" means temporary physical care in a
foster family home or group care facility as defined in RCW
74.15.020 and licensed by the department, or other legally
authorized care;
(12) "Institution" means a juvenile facility established
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
[Title 13 RCW—page 57]
13.40.020
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(13) "Intensive supervision program" means a parole
program that requires intensive supervision and monitoring,
offers an array of individualized treatment and transitional
services, and emphasizes community involvement and
support in order to reduce the likelihood a juvenile offender
will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and
who has not been previously transferred to adult court
pursuant to RCW 13.40.110 or who is otherwise under adult
court jurisdiction;
(15) "Juvenile offender" means any juvenile who has
been found by the juvenile court to have committed an
offense, including a person eighteen years of age or older
over whom jurisdiction has been extended under RCW
13.40.300;
(16) "Local sanctions" means one or more of the
following: (a) 0-30 days of confinement; (b) 0-12 months of
community supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine;
(17) "Manifest injustice" means a disposition that would
either impose an excessive penalty on the juvenile or would
impose a serious, and clear danger to society in light of the
purposes of this chapter;
(18) "Monitoring and reporting requirements" means one
or more of the following: Curfews; requirements to remain
at home, school, work, or court-ordered treatment programs
during specified hours; restrictions from leaving or entering
specified geographical areas; requirements to report to the
probation officer as directed and to remain under the
probation officer’s supervision; and other conditions or
limitations as the court may require which may not include
confinement;
(19) "Offense" means an act designated a violation or a
crime if committed by an adult under the law of this state,
under any ordinance of any city or county of this state,
under any federal law, or under the law of another state if
the act occurred in that state;
(20) "Probation bond" means a bond, posted with
sufficient security by a surety justified and approved by the
court, to secure the offender’s appearance at required court
proceedings and compliance with court-ordered community
supervision or conditions of release ordered pursuant to
RCW 13.40.040 or 13.40.050. It also means a deposit of
cash or posting of other collateral in lieu of a bond if
approved by the court;
(21) "Respondent" means a juvenile who is alleged or
proven to have committed an offense;
(22) "Restitution" means financial reimbursement by the
offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual
expenses incurred for medical treatment for physical injury
to persons, lost wages resulting from physical injury, and
costs of the victim’s counseling reasonably related to the
offense if the offense is a sex offense. Restitution shall not
include reimbursement for damages for mental anguish, pain
and suffering, or other intangible losses. Nothing in this
chapter shall limit or replace civil remedies or defenses
available to the victim or offender;
(23) "Secretary" means the secretary of the department
of social and health services. "Assistant secretary" means
[Title 13 RCW—page 58]
the assistant secretary for juvenile rehabilitation for the
department;
(24) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded
or been adjudicated guilty of an offense or have signed a
diversion agreement pursuant to this chapter;
(25) "Sex offense" means an offense defined as a sex
offense in RCW 9.94A.030;
(26) "Sexual motivation" means that one of the purposes
for which the respondent committed the offense was for the
purpose of his or her sexual gratification;
(27) "Surety" means an entity licensed under state
insurance laws or by the state department of licensing, to
write corporate, property, or probation bonds within the state,
and justified and approved by the superior court of the
county having jurisdiction of the case;
(28) "Violation" means an act or omission, which if
committed by an adult, must be proven beyond a reasonable
doubt, and is punishable by sanctions which do not include
incarceration;
(29) "Violent offense" means a violent offense as
defined in RCW 9.94A.030;
(30) "Youth court" means a diversion unit under the
supervision of the juvenile court. [2002 c 237 § 7; 2002 c
175 § 19; 1997 c 338 § 10; (1997 c 338 § 9 expired July 1,
1998). Prior: 1995 c 395 § 2; 1995 c 134 § 1; prior: 1994
sp.s. c 7 § 520; 1994 c 271 § 803; 1994 c 261 § 18; 1993 c
373 § 1; 1990 1st ex.s. c 12 § 1; 1990 c 3 § 301; 1989 c
407 § 1; 1988 c 145 § 17; 1983 c 191 § 7; 1981 c 299 § 2;
1979 c 155 § 54; 1977 ex.s. c 291 § 56.]
Reviser’s note: This section was amended by 2002 c 175 § 19 and
by 2002 c 237 § 7, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Alphabetization of definitions—1997 c 338: "The code reviser shall
alphabetize the definitions in RCW 13.40.020 and correct any references."
[1997 c 338 § 71.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Severability—1993 c 373: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 373 § 3.]
Effective date—1990 1st ex.s. c 12: "This act shall take effect July
1, 1990." [1990 1st ex.s. c 12 § 5.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.030 Security guidelines—Legislative review.
(1) The secretary shall submit guidelines pertaining to the
(2002 Ed.)
Juvenile Justice Act of 1977
nature of the security to be imposed on youth placed in his
or her custody based on the age, offense(s), and criminal
history of the juvenile offender. Such guidelines shall be
submitted to the legislature for its review no later than
November 1st of each year. At the same time the secretary
shall submit a report on security at juvenile facilities during
the preceding year. The report shall include the number of
escapes from each juvenile facility, the most serious offense
for which each escapee had been confined, the number and
nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves
granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while
on leave, and the number and nature of offenses committed
by juveniles while in the community on minimum security
status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature
pursuant to this section.
(2) The permissible ranges of confinement resulting
from a finding of manifest injustice under RCW 13.40.0357
are subject to the following limitations:
(a) Where the maximum term in the range is ninety
days or less, the minimum term in the range may be no less
than fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater
than ninety days but not greater than one year, the minimum
term in the range may be no less than seventy-five percent
of the maximum term in the range; and
(c) Where the maximum term in the range is more than
one year, the minimum term in the range may be no less
than eighty percent of the maximum term in the range.
[1996 c 232 § 5; 1989 c 407 § 3; 1985 c 73 § 1; 1983 c 191
§ 6; 1981 c 299 § 5; 1979 c 155 § 55; 1977 ex.s. c 291 §
57.]
Effective dates—1996 c 232: See note following RCW 9.94A.850.
Legislative ratification—1989 c 271: "The legislature ratifies the
juvenile disposition standards commission guidelines submitted to the 1989
legislature and endorses the action to increase penalties for juvenile drug
offenders." [1989 c 271 § 602.]
Effective date—1985 c 73: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 73 § 3.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.0351 Equal application of guidelines and
standards. The sentencing guidelines and prosecuting
standards apply equally to juvenile offenders in all parts of
the state, without discrimination as to any element that does
not relate to the crime or the previous record of the offender.
[1989 c 407 § 5.]
RCW 13.40.0357
standards.
Juvenile offender sentencing
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY
DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR ATTEMPT,
BAILJUMP, CONSPIRACY,
OR SOLICITATION
..........................................
A
B
C
D
B
C
D
E
A
A
B+
C+
D+
B+
D+
C+
D+
C+
B+
B
B
D
D
E
C
D
E
C
C+
E
B+
(2002 Ed.)
13.40.030
Arson and Malicious Mischief
Arson 1 (9A.48.020)
Arson 2 (9A.48.030)
Reckless Burning 1 (9A.48.040)
Reckless Burning 2 (9A.48.050)
Malicious Mischief 1 (9A.48.070)
Malicious Mischief 2 (9A.48.080)
Malicious Mischief 3 (<$50 is
E class) (9A.48.090)
Tampering with Fire Alarm
Apparatus (9.40.100)
Possession of Incendiary Device
(9.40.120)
Assault and Other Crimes
Involving Physical Harm
Assault 1 (9A.36.011)
Assault 2 (9A.36.021)
Assault 3 (9A.36.031)
Assault 4 (9A.36.041)
Drive-By Shooting
(9A.36.045)
Reckless Endangerment
(9A.36.050)
Promoting Suicide Attempt
(9A.36.060)
Coercion (9A.36.070)
Custodial Assault (9A.36.100)
Burglary and Trespass
Burglary 1 (9A.52.020)
Residential Burglary
(9A.52.025)
Burglary 2 (9A.52.030)
Burglary Tools (Possession of)
(9A.52.060)
Criminal Trespass 1 (9A.52.070)
Criminal Trespass 2 (9A.52.080)
Vehicle Prowling 1 (9A.52.095)
Vehicle Prowling 2 (9A.52.100)
Drugs
Possession/Consumption of Alcohol
(66.44.270)
Illegally Obtaining Legend Drug
(69.41.020)
Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030)
Possession of Legend Drug
(69.41.030)
Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(a)(1) (i) or (ii))
B+
C
D
E
C
D
E
E
B+
B+
C+
D+
E
C+
E
D+
E
D+
C+
C
C
E
E
E
D
E
E
D
D+
E
B+
[Title 13 RCW—page 59]
13.40.0357
C
E
C
C+
E
B
C
C
C
B
B
E
C
D+
D
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(iii))
Possession of Marihuana <40 grams
(69.50.401(e))
Fraudulently Obtaining Controlled
Substance (69.50.403)
Sale of Controlled Substance
for Profit (69.50.410)
Unlawful Inhalation (9.47A.020)
Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances
(69.50.401(b)(1) (i) or (ii))
Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (iii), (iv), (v))
Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d))
Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c))
Firearms and Weapons
Theft of Firearm (9A.56.300)
Possession of Stolen Firearm
(9A.56.310)
Carrying Loaded Pistol Without
Permit (9.41.050)
Possession of Firearms by Minor (<18)
(9.41.040(1)(b)(iii))
Possession of Dangerous Weapon
(9.41.250)
Intimidating Another Person by use
of Weapon (9.41.270)
B+
C
E
C
C+
D+
C+
E
E
E
B
C
C
B+
C+
C
C
C
E
C
E
E
Homicide
Murder 1 (9A.32.030)
Murder 2 (9A.32.050)
Manslaughter 1 (9A.32.060)
Manslaughter 2 (9A.32.070)
Vehicular Homicide (46.61.520)
A
B+
C+
D+
C+
A
B+
C+
Kidnapping
Kidnap 1 (9A.40.020)
Kidnap 2 (9A.40.030)
Unlawful Imprisonment
(9A.40.040)
B+
C+
E
B
C
E
E
B+
AB
B
C
D
B
C
A
B+
B+
C+
C
D
D
B
C
D
D+
Obstructing Governmental Operation
Obstructing a Law Enforcement
Officer (9A.76.020)
E
Resisting Arrest (9A.76.040)
E
Introducing Contraband 1
(9A.76.140)
C
Introducing Contraband 2
(9A.76.150)
D
Introducing Contraband 3
(9A.76.160)
E
[Title 13 RCW—page 60]
A
AC+
AB+
B
C
D+
E
A+
A+
B+
C+
B+
D
B+
C
E
B+
C
Intimidating a Public Servant
(9A.76.180)
Intimidating a Witness
(9A.72.110)
Public Disturbance
Riot with Weapon (9A.84.010)
Riot Without Weapon
(9A.84.010)
Failure to Disperse (9A.84.020)
Disorderly Conduct (9A.84.030)
Sex Crimes
Rape 1 (9A.44.040)
Rape 2 (9A.44.050)
Rape 3 (9A.44.060)
Rape of a Child 1 (9A.44.073)
Rape of a Child 2 (9A.44.076)
Incest 1 (9A.64.020(1))
Incest 2 (9A.64.020(2))
Indecent Exposure
(Victim <14) (9A.88.010)
Indecent Exposure
(Victim 14 or over) (9A.88.010)
Promoting Prostitution 1
(9A.88.070)
Promoting Prostitution 2
(9A.88.080)
O & A (Prostitution) (9A.88.030)
Indecent Liberties (9A.44.100)
Child Molestation 1 (9A.44.083)
Child Molestation 2 (9A.44.086)
C+
C+
D+
E
E
E
B+
B+
D+
B+
C+
C
D
E
E
C+
D+
E
C+
B+
C+
Theft, Robbery, Extortion, and Forgery
Theft 1 (9A.56.030)
C
Theft 2 (9A.56.040)
D
Theft 3 (9A.56.050)
E
Theft of Livestock (9A.56.080)
C
Forgery (9A.60.020)
D
Robbery 1 (9A.56.200)
B+
Robbery 2 (9A.56.210)
C+
Extortion 1 (9A.56.120)
C+
Extortion 2 (9A.56.130)
D+
Identity Theft 1 (9.35.020(2)(a))
D
Identity Theft 2 (9.35.020(2)(b))
E
Improperly Obtaining Financial
Information (9.35.010)
E
Possession of Stolen Property 1
(9A.56.150)
C
Possession of Stolen Property 2
(9A.56.160)
D
Possession of Stolen Property 3
(9A.56.170)
E
Taking Motor Vehicle Without
Permission 1 and 2 (9A.56.070
(1) and (2))
D
Motor Vehicle Related Crimes
Driving Without a License
(46.20.005)
Hit and Run - Death
(46.52.020(4)(a))
Hit and Run - Injury
(46.52.020(4)(b))
E
C+
D
(2002 Ed.)
Juvenile Justice Act of 1977
D
Hit and Run-Attended
(46.52.020(5))
Hit and Run-Unattended
(46.52.010)
Vehicular Assault (46.61.522)
Attempting to Elude Pursuing
Police Vehicle (46.61.024)
Reckless Driving (46.61.500)
Driving While Under the Influence
(46.61.502 and 46.61.504)
E
C
C
E
D
Other
Bomb Threat (9.61.160)
Escape 11 (9A.76.110)
Escape 21 (9A.76.120)
Escape 3 (9A.76.130)
Obscene, Harassing, Etc.,
Phone Calls (9.61.230)
Other Offense Equivalent to an
Adult Class A Felony
Other Offense Equivalent to an
Adult Class B Felony
Other Offense Equivalent to an
Adult Class C Felony
Other Offense Equivalent to an
Adult Gross Misdemeanor
Other Offense Equivalent to an
Adult Misdemeanor
Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2
B
C
C
D
E
A
B
C
D
E
V
E
E
D
D
E
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+
180 WEEKS TO AGE 21 YEARS
A
103 WEEKS TO 129 WEEKS
A-
15-36
WEEKS
EXCEPT
30-40
WEEKS FOR
15-17
YEAR OLDS
E
C
C
C
E
E
B+
13.40.0357
Current B+
Offense
Category
B
|52-65
|WEEKS
|
|
|
|
|
|80-100
|WEEKS
|
|
|
|
|
|103-129
|WEEKS
|
|
|
|
|
15-36
WEEKS
|52-65
|80-100 |103-129
|WEEKS |WEEKS |WEEKS
LOCAL
SANCTIONS (LS)
|
|15-36 WEEKS
C+
LS
C
LS
|52-65
|WEEKS
|
|15-36 WEEKS
C
D
E
D+
LS
E
D
LS
E
|15-36
|WEEKS
|
Local Sanctions:
0 to 30 Days
0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
$0 to $500 Fine
LS
V
0
1
2
3
4
or more
PRIOR ADJUDICATIONS
Escape 1 and 2 and Attempted Escape 1 and 2 are classed
as C offenses and the standard range is established as
follows:
1
1st escape or attempted escape during 12-month period 4 weeks confinement
2nd escape or attempted escape during 12-month period
- 8 weeks confinement
3rd and subsequent escape or attempted escape during
12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an
order, it may impose a penalty of up to 30 days of confinement.
2
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The
court may select sentencing option A, B, or C.
NOTE: References in the grid to days or weeks mean
periods of confinement.
(1) The vertical axis of the grid is the current offense
category. The current offense category is determined by the
offense of adjudication.
(2) The horizontal axis of the grid is the number of
prior adjudications included in the juvenile’s criminal
history. Each prior felony adjudication shall count as one
point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional
points shall be rounded down.
(3) The standard range disposition for each offense is
determined by the intersection of the column defined by the
prior adjudications and the row defined by the current
offense category.
(4) RCW 13.40.180 applies if the offender is being
sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to
an offense category of E. However, a disposition for a
violation shall not include confinement.
OR
OPTION B
CHEMICAL DEPENDENCY
DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court
(2002 Ed.)
[Title 13 RCW—page 61]
13.40.0357
Title 13 RCW: Juvenile Courts and Juvenile Offenders
may impose a disposition under RCW 13.40.160(4) and
13.40.165.
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under option A or
B would effectuate a manifest injustice, the court shall
impose a disposition outside the standard range under RCW
13.40.160(2). [2002 c 324 § 3; 2002 c 175 § 20; 2001 c 217
§ 13; 2000 c 66 § 3; 1998 c 290 § 5. Prior: 1997 c 338 §
12; (1997 c 338 § 11 expired July 1, 1998); 1997 c 66 § 6;
1996 c 205 § 6; 1995 c 395 § 3; 1994 sp.s. c 7 § 522; 1989
c 407 § 7.]
Reviser’s note: This section was amended by 2002 c 175 § 20 and
by 2002 c 324 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: "The legislature finds
it critical to evaluate the effectiveness of the revisions made in this act to
juvenile sentencing for purposes of measuring improvements in public safety
and reduction of recidivism.
To accomplish this evaluation, the Washington state institute for
public policy shall conduct a study of the sentencing revisions. The study
shall: (1) Be conducted starting January 1, 2001; (2) examine whether the
revisions have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender
impacts of the revisions; (4) compare the utilization and effectiveness of
sentencing alternatives and manifest injustice determinations before and after
the revisions; and (5) examine the impact and effectiveness of changes made
in the exclusive original jurisdiction of juvenile court over juvenile
offenders.
The institute shall report the results of the study to the governor and
legislature not later than July 1, 2002." [1997 c 338 § 59.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.038 County juvenile detention facilities—
Policy—Detention and risk assessment standards. It is
the policy of this state that all county juvenile detention
facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain in the community
whenever possible, consistent with public safety and the
provisions of chapter 13.40 RCW.
The counties shall develop and implement detention
intake standards and risk assessment standards to determine
whether detention is warranted and if so whether the juvenile
should be placed in secure, nonsecure, or home detention to
implement the goals of this section. Inability to pay for a
less restrictive detention placement shall not be a basis for
denying a respondent a less restrictive placement in the
community. The detention and risk assessment standards
shall be developed and implemented no later than December
31, 1992. [1992 c 205 § 105; 1986 c 288 § 7.]
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Severability—1986 c 288: See note following RCW 13.32A.050.
[Title 13 RCW—page 62]
13.40.040 Taking juvenile into custody, grounds—
Detention of, grounds—Detention pending disposition—
Release on bond, conditions—Bail jumping. (1) A
juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with
the court alleging, and the court finds probable cause to
believe, that the juvenile has committed an offense or has
violated terms of a disposition order or release order; or
(b) Without a court order, by a law enforcement officer
if grounds exist for the arrest of an adult in identical
circumstances. Admission to, and continued custody in, a
court detention facility shall be governed by subsection (2)
of this section; or
(c) Pursuant to a court order that the juvenile be held as
a material witness; or
(d) Where the secretary or the secretary’s designee has
suspended the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there
is probable cause to believe that:
(a) The juvenile has committed an offense or has
violated the terms of a disposition order; and
(i) The juvenile will likely fail to appear for further
proceedings; or
(ii) Detention is required to protect the juvenile from
himself or herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise
unlawfully interfere with the administration of justice; or
(v) The juvenile has committed a crime while another
case was pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile’s parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and
within available funds, a juvenile who has been found guilty
of one of the following offenses shall be detained pending
disposition: Rape in the first or second degree (RCW
9A.44.040 and 9A.44.050); or rape of a child in the first
degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have
threatened the health of a juvenile taken into custody, at the
juvenile’s request the court may order continued detention
pending further order of the court.
(5) Except as provided in RCW 9.41.280, a juvenile
detained under this section may be released upon posting a
probation bond set by the court. The juvenile’s parent or
guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement
of conditions imposed upon the juvenile and shall set the
date of his or her next court appearance. The court shall
advise the juvenile of any conditions specified in the order
and may at any time amend such an order in order to impose
additional or different conditions of release upon the juvenile
or to return the juvenile to custody for failing to conform to
the conditions imposed. In addition to requiring the juvenile
to appear at the next court date, the court may condition the
probation bond on the juvenile’s compliance with conditions
of release. The juvenile’s parent or guardian may notify the
court that the juvenile has failed to conform to the conditions
(2002 Ed.)
Juvenile Justice Act of 1977
of release or the provisions in the probation bond. If the
parent notifies the court of the juvenile’s failure to comply
with the probation bond, the court shall notify the surety.
As provided in the terms of the bond, the surety shall
provide notice to the court of the offender’s noncompliance.
A juvenile may be released only to a responsible adult or the
department of social and health services. Failure to appear
on the date scheduled by the court pursuant to this section
shall constitute the crime of bail jumping. [2002 c 171 § 2;
1999 c 167 § 2; 1997 c 338 § 13; 1995 c 395 § 4; 1979 c
155 § 57; 1977 ex.s. c 291 § 58.]
Effective date—2002 c 171: See note following RCW 72.01.410.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.045 Escapees—Arrest warrants. The secretary, assistant secretary, or the secretary’s designee shall
issue arrest warrants for juveniles who escape from department residential custody. The secretary, assistant secretary,
or the secretary’s designee may issue arrest warrants for
juveniles who abscond from parole supervision or fail to
meet conditions of parole. These arrest warrants shall
authorize any law enforcement, probation and parole, or
peace officer of this state, or any other state where the
juvenile is located, to arrest the juvenile and to place the
juvenile in physical custody pending the juvenile’s return to
confinement in a state juvenile rehabilitation facility. [1997
c 338 § 14; 1994 sp.s. c 7 § 518.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.050 Detention procedures—Notice of hearing—Conditions of release—Consultation with parent,
guardian, or custodian. (1) When a juvenile taken into
custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours,
Saturdays, Sundays, and holidays excluded, or the juvenile
shall be released; and
(b) A detention hearing, a community supervision
modification or termination of diversion petition, or a parole
modification petition shall be held within seventy-two hours,
Saturdays, Sundays, and holidays excluded, from the time of
filing the information or petition, to determine whether
continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time,
place, and purpose of the hearing, stating the right to
counsel, and requiring attendance shall be given to the
parent, guardian, or custodian if such person can be found
and shall also be given to the juvenile if over twelve years
of age.
(2002 Ed.)
13.40.040
(3) At the commencement of the detention hearing, the
court shall advise the parties of their rights under this
chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the
information, determine whether the case is properly before
it or whether the case should be treated as a diversion case
under RCW 13.40.080. If the case is not properly before the
court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is
properly before the court and that probable cause exists, a
juvenile shall at the detention hearing be ordered released on
the juvenile’s personal recognizance pending further hearing
unless the court finds detention is necessary under RCW
13.40.040.
(6) If detention is not necessary under RCW 13.40.040,
the court shall impose the most appropriate of the following
conditions or, if necessary, any combination of the following
conditions:
(a) Place the juvenile in the custody of a designated
person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during
the period of release;
(c) Require the juvenile to report regularly to and
remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed
reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during
specified hours; or
(f) Require the juvenile to post a probation bond set by
the court under terms and conditions as provided in *RCW
13.40.040(4).
(7) A juvenile may be released only to a responsible
adult or the department.
(8) If the parent, guardian, or custodian of the juvenile
in detention is available, the court shall consult with them
prior to a determination to further detain or release the
juvenile or treat the case as a diversion case under RCW
13.40.080.
(9) A person notified under this section who fails
without reasonable cause to appear and abide by the order of
the court may be proceeded against as for contempt of court.
In determining whether a parent, guardian, or custodian had
reasonable cause not to appear, the court may consider all
factors relevant to the person’s ability to appear as summoned. [1997 c 338 § 15; 1995 c 395 § 5; 1992 c 205 §
106; 1979 c 155 § 58; 1977 ex.s. c 291 § 59.]
*Reviser’s note: RCW 13.40.040 was amended by 2002 c 171 § 2,
changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.054 Probation bond or collateral—
Modification or revocation of probation bond. (1) As
provided in this chapter, the court may order a juvenile to
[Title 13 RCW—page 63]
13.40.054
Title 13 RCW: Juvenile Courts and Juvenile Offenders
post a probation bond as defined in RCW 13.40.020 or to
deposit cash or post other collateral in lieu of a probation
bond, to enhance public safety, increase the likelihood that
a respondent will appear as required to respond to charges,
and increase compliance with community supervision
imposed under various alternative disposition options. The
parents or guardians of the juvenile may sign for a probation
bond on behalf of the juvenile or deposit cash or other
collateral in lieu of a bond if approved by the court.
(2) A parent or guardian who has signed for a probation
bond, deposited cash, or posted other collateral on behalf of
a juvenile has the right to notify the court if the juvenile
violates any of the terms and conditions of the bond. The
parent or guardian who signed for a probation bond may
move the court to modify the terms of the bond or revoke
the bond without penalty to the surety or parent. The court
shall notify the surety if a parent or guardian notifies the
court that the juvenile has violated conditions of the probation bond and has requested modification or revocation of
the bond. At a hearing on the motion, the court may
consider the nature and seriousness of the violation or
violations and may either keep the bond in effect, modify the
terms of the bond with the consent of the parent or guardian
and surety, or revoke the bond. If the court revokes the
bond the court may require full payment of the face amount
of the bond. In the alternative, the court may revoke the
bond and impose a partial payment for less than the full
amount of the bond or may revoke the bond without imposing any penalty. In reaching its decision, the court may
consider the timeliness of the parent’s or guardian’s notification to the court and the efforts of the parent and surety to
monitor the offender’s compliance with conditions of the
bond and release. A surety shall have the same obligations
and rights as provided sureties in adult criminal cases. Rules
of forfeiture and revocation of bonds issued in adult criminal
cases shall apply to forfeiture and revocation of probation
bonds issued under this chapter except as specifically
provided in this subsection. [1995 c 395 § 1.]
13.40.056 Nonrefundable bail fee. When a juvenile
charged with an offense posts a probation bond or deposits
cash or posts other collateral in lieu of a bond, ten dollars of
the total amount required to be posted as bail shall be paid
in cash as a nonrefundable bail fee. The bail fee shall be
distributed to the county for costs associated with implementing chapter 395, Laws of 1995. [1995 c 395 § 9.]
13.40.060 Jurisdiction of actions—Transfer of case
and records, when—Change in venue, grounds. (1) All
actions under this chapter shall be commenced and tried in
the county where any element of the offense was committed
except as otherwise specially provided by statute. In cases
in which diversion is provided by statute, venue is in the
county in which the juvenile resides or in the county in
which any element of the offense was committed.
(2) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be
transferred to the county in which the juvenile resides for
supervision and enforcement of the disposition order. The
court of the receiving county has jurisdiction to modify and
enforce the disposition order.
[Title 13 RCW—page 64]
(3) The court upon motion of any party or upon its own
motion may, at any time, transfer a proceeding to another
juvenile court when there is reason to believe that an
impartial proceeding cannot be held in the county in which
the proceeding was begun. [1997 c 338 § 16; 1989 c 71 §
1; 1981 c 299 § 6; 1979 c 155 § 59; 1977 ex.s. c 291 § 60.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—1989 c 71: "This act shall take effect September 1,
1989." [1989 c 71 § 2.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.070 Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor
acting for prosecutor—Referral to mediation or reconciliation programs. (1) Complaints referred to the juvenile
court alleging the commission of an offense shall be referred
directly to the prosecutor. The prosecutor, upon receipt of
a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable
cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense
under both the law of this state and an ordinance of any city
or county of this state, state law shall govern the
prosecutor’s screening and charging decision for both filed
and diverted cases.
(3) If the requirements of subsections (1)(a) and (b) of
this section are met, the prosecutor shall either file an
information in juvenile court or divert the case, as set forth
in subsections (5), (6), and (7) of this section. If the
prosecutor finds that the requirements of subsection (1)(a)
and (b) of this section are not met, the prosecutor shall
maintain a record, for one year, of such decision and the
reasons therefor. In lieu of filing an information or diverting
an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of
community supervision.
(4) An information shall be a plain, concise, and definite
written statement of the essential facts constituting the
offense charged. It shall be signed by the prosecuting
attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor
shall file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony,
a class B felony, an attempt to commit a class B felony, a
class C felony listed in *RCW 9.94A.411(2) as a crime
against persons or listed in RCW 9A.46.060 as a crime of
harassment, or a class C felony that is a violation of RCW
9.41.080 or 9.41.040(1)(b)(iii); or
(b) An alleged offender is accused of a felony and has
a criminal history of any felony, or at least two gross
misdemeanors, or at least two misdemeanors; or
(c) An alleged offender has previously been committed
to the department; or
(2002 Ed.)
Juvenile Justice Act of 1977
(d) An alleged offender has been referred by a diversion
unit for prosecution or desires prosecution instead of
diversion; or
(e) An alleged offender has two or more diversion
agreements on the alleged offender’s criminal history; or
(f) A special allegation has been filed that the offender
or an accomplice was armed with a firearm when the offense
was committed.
(6) Where a case is legally sufficient the prosecutor
shall divert the case if the alleged offense is a misdemeanor
or gross misdemeanor or violation and the alleged offense is
the offender’s first offense or violation. If the alleged
offender is charged with a related offense that must or may
be filed under subsections (5) and (7) of this section, a case
under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into
neither subsection (5) nor (6) of this section, it may be filed
or diverted. In deciding whether to file or divert an offense
under this section the prosecutor shall be guided only by the
length, seriousness, and recency of the alleged offender’s
criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where
not placed in custody, referred to a diversion interview, the
parent or legal guardian of the juvenile shall be notified as
soon as possible concerning the allegation made against the
juvenile and the current status of the juvenile. Where a case
involves victims of crimes against persons or victims whose
property has not been recovered at the time a juvenile is
referred to a diversion unit, the victim shall be notified of
the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a
juvenile court probation counselor for any complaint referred
to the court alleging the commission of an offense which
would not be a felony if committed by an adult, if the
prosecutor has given sufficient written notice to the juvenile
court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor,
or diversion unit may, in exercising their authority under this
section or RCW 13.40.080, refer juveniles to mediation or
victim offender reconciliation programs. Such mediation or
victim offender reconciliation programs shall be voluntary
for victims. [2001 c 175 § 2; 1997 c 338 § 17; 1994 sp.s.
c 7 § 543; 1992 c 205 § 107; 1989 c 407 § 9; 1983 c 191 §
18; 1981 c 299 § 7; 1979 c 155 § 60; 1977 ex.s. c 291 §
61.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Application—1994 sp.s. c 7 §§ 540-545: See note following RCW
13.50.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
(2002 Ed.)
13.40.070
13.40.077 Recommended prosecuting standards for
charging and plea dispositions.
RECOMMENDED PROSECUTING STANDARDS
FOR CHARGING AND PLEA DISPOSITIONS
INTRODUCTION: These standards are intended solely
for the guidance of prosecutors in the state of Washington.
They are not intended to, do not, and may not be relied upon
to create a right or benefit, substantive or procedural,
enforceable at law by a party in litigation with the state.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to
prosecute, even though technically sufficient evidence to
prosecute exists, in situations where prosecution would serve
no public purpose, would defeat the underlying purpose of
the law in question, or would result in decreased respect for
the law. The decision not to prosecute or divert shall not be
influenced by the race, gender, religion, or creed of the
suspect.
GUIDELINES/COMMENTARY:
Examples
The following are examples of reasons not to prosecute
which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to
decline to charge where the application of criminal sanctions
would be clearly contrary to the intent of the legislature in
enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to
charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years;
(ii) Most members of society act as if it were no longer
in existence;
(iii) It serves no deterrent or protective purpose in
today’s society; and
(iv) The statute has not been recently reconsidered by
the legislature.
This reason is not to be construed as the basis for
declining cases because the law in question is unpopular or
because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline
to charge where the violation of law is only technical or
insubstantial and where no public interest or deterrent
purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper
to decline to charge because the accused has been sentenced
on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any
significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be
proper to decline to charge because the accused is facing a
pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a
felony which is not particularly aggravated; and
[Title 13 RCW—page 65]
13.40.077
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(iv) Conviction of the new offense would not serve any
significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may
be proper to decline to charge where the cost of locating or
transporting, or the burden on, prosecution witnesses is
highly disproportionate to the importance of prosecuting the
offense in question. The reason should be limited to minor
cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper
to decline charges because the motives of the complainant
are improper and prosecution would serve no public purpose,
would defeat the underlying purpose of the law in question,
or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge
where immunity is to be given to an accused in order to
prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are
responsible for more serious criminal conduct or who
represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to
charge because the victim requests that no criminal charges
be filed and the case involves the following crimes or
situations:
(i) Assault cases where the victim has suffered little or
no injury;
(ii) Crimes against property, not involving violence,
where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of
society.
Care should be taken to insure that the victim’s request
is freely made and is not the product of threats or pressure
by the accused.
The presence of these factors may also justify the
decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when
practical, and the law enforcement personnel, of the decision
not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient
admissible evidence exists, which, when considered with the
most plausible, reasonably foreseeable defense that could be
raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses
prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089,
and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a
program of treatment or counseling, so that treatment, if
determined to be beneficial, can be proved under *RCW
13.40.160(4).
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make
it probable that a reasonable and objective fact-finder would
convict after hearing all the admissible evidence and the
most plausible defense that could be raised.
The categorization of crimes for these charging standards shall be the same as found in **RCW 9.94A.411(2).
[Title 13 RCW—page 66]
The decision to prosecute or use diversion shall not be
influenced by the race, gender, religion, or creed of the
respondent.
(3) Selection of Charges/Degree of Charge
(a) The prosecutor should file charges which adequately
describe the nature of the respondent’s conduct. Other
offenses may be charged only if they are necessary to ensure
that the charges:
(i) Will significantly enhance the strength of the state’s
case at trial; or
(ii) Will result in restitution to all victims.
(b) The prosecutor should not overcharge to obtain a
guilty plea. Overcharging includes:
(i) Charging a higher degree;
(ii) Charging additional counts.
This standard is intended to direct prosecutors to charge
those crimes which demonstrate the nature and seriousness
of a respondent’s criminal conduct, but to decline to charge
crimes which are not necessary to such an indication.
Crimes which do not merge as a matter of law, but which
arise from the same course of conduct, do not all have to be
charged.
(4) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation
which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation
has been conducted before a decision to prosecute is made.
In ordinary circumstances the investigation should include
the following:
(a) The interviewing of all material witnesses, together
with the obtaining of written statements whenever possible;
(b) The completion of necessary laboratory tests; and
(c) The obtaining, in accordance with constitutional
requirements, of the suspect’s version of the events.
If the initial investigation is incomplete, a prosecuting
attorney should insist upon further investigation before a
decision to prosecute is made, and specify what the investigation needs to include.
(5) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is
complete if:
(a) Probable cause exists to believe the suspect is guilty;
and
(b) The suspect presents a danger to the community or
is likely to flee if not apprehended; or
(c) The arrest of the suspect is necessary to complete
the investigation of the crime.
In the event that the exception to the standard is applied,
the prosecuting attorney shall obtain a commitment from the
law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does
not produce sufficient evidence to meet the normal charging
standard, the complaint should be dismissed.
(6) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation
including:
(a) Polygraph testing;
(b) Hypnosis;
(c) Electronic surveillance;
(2002 Ed.)
Juvenile Justice Act of 1977
(d) Use of informants.
(7) Prefiling Discussions with Defendant
Discussions with the defendant or his or her representative regarding the selection or disposition of charges may
occur prior to the filing of charges, and potential agreements
can be reached.
(8) Plea dispositions:
STANDARD
(a) Except as provided in subsection (2) of this section,
a respondent will normally be expected to plead guilty to the
charge or charges which adequately describe the nature of
his or her criminal conduct or go to trial.
(b) In certain circumstances, a plea agreement with a
respondent in exchange for a plea of guilty to a charge or
charges that may not fully describe the nature of his or her
criminal conduct may be necessary and in the public interest.
Such situations may include the following:
(i) Evidentiary problems which make conviction of the
original charges doubtful;
(ii) The respondent’s willingness to cooperate in the
investigation or prosecution of others whose criminal
conduct is more serious or represents a greater public threat;
(iii) A request by the victim when it is not the result of
pressure from the respondent;
(iv) The discovery of facts which mitigate the seriousness of the respondent’s conduct;
(v) The correction of errors in the initial charging
decision;
(vi) The respondent’s history with respect to criminal
activity;
(vii) The nature and seriousness of the offense or
offenses charged;
(viii) The probable effect of witnesses.
(c) No plea agreement shall be influenced by the race,
gender, religion, or creed of the respondent. This includes
but is not limited to the prosecutor’s decision to utilize such
disposition alternatives as the Special Sex Offender Disposition Alternative, the Chemical Dependency Disposition
Alternative, and manifest injustice.
(9) Disposition recommendations:
STANDARD
The prosecutor may reach an agreement regarding
disposition recommendations.
The prosecutor shall not agree to withhold relevant
information from the court concerning the plea agreement.
[1997 c 338 § 18; 1996 c 9 § 1.]
Reviser’s note: *(1) RCW 13.40.160 was amended by 1999 c 91 §
2, changing subsection (4) to subsection (3).
**(2) This RCW reference has been corrected to reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.080 Diversion agreement—Scope—
Limitations—Restitution orders—Divertee’s rights—
Diversion unit’s powers and duties—Interpreters—
Modification—Fines. (1) A diversion agreement shall be a
contract between a juvenile accused of an offense and a
diversion unit whereby the juvenile agrees to fulfill certain
conditions in lieu of prosecution. Such agreements may be
(2002 Ed.)
13.40.077
entered into only after the prosecutor, or probation counselor
pursuant to this chapter, has determined that probable cause
exists to believe that a crime has been committed and that
the juvenile committed it. Such agreements shall be entered
into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or
more of the following:
(a) Community restitution not to exceed one hundred
fifty hours, not to be performed during school hours if the
juvenile is attending school;
(b) Restitution limited to the amount of actual loss
incurred by any victim;
(c) Attendance at up to ten hours of counseling and/or
up to twenty hours of educational or informational sessions
at a community agency. The educational or informational
sessions may include sessions relating to respect for self,
others, and authority; victim awareness; accountability; selfworth; responsibility; work ethics; good citizenship; literacy;
and life skills. For purposes of this section, "community
agency" may also mean a community-based nonprofit
organization, if approved by the diversion unit. The state
shall not be liable for costs resulting from the diversion unit
exercising the option to permit diversion agreements to
mandate attendance at up to ten hours of counseling and/or
up to twenty hours of educational or informational sessions;
(d) A fine, not to exceed one hundred dollars;
(e) Requirements to remain during specified hours at
home, school, or work, and restrictions on leaving or
entering specified geographical areas; and
(f) Upon request of any victim or witness, requirements
to refrain from any contact with victims or witnesses of
offenses committed by the juvenile.
(3) Notwithstanding the provisions of subsection (2) of
this section, youth courts are not limited to the conditions
imposed by subsection (2) of this section in imposing
sanctions on juveniles pursuant to RCW 13.40.630.
(4) In assessing periods of community restitution to be
performed and restitution to be paid by a juvenile who has
entered into a diversion agreement, the court officer to
whom this task is assigned shall consult with the juvenile’s
custodial parent or parents or guardian and victims who have
contacted the diversion unit and, to the extent possible, involve members of the community. Such members of the
community shall meet with the juvenile and advise the court
officer as to the terms of the diversion agreement and shall
supervise the juvenile in carrying out its terms.
(5)(a) A diversion agreement may not exceed a period
of six months and may include a period extending beyond
the eighteenth birthday of the divertee.
(b) If additional time is necessary for the juvenile to
complete restitution to a victim, the time period limitations
of this subsection may be extended by an additional six
months.
(c) If the juvenile has not paid the full amount of
restitution by the end of the additional six-month period,
then the juvenile shall be referred to the juvenile court for
entry of an order establishing the amount of restitution still
owed to the victim. In this order, the court shall also
determine the terms and conditions of the restitution,
including a payment plan extending up to ten years if the
court determines that the juvenile does not have the means
to make full restitution over a shorter period. For the
[Title 13 RCW—page 67]
13.40.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
purposes of this subsection (5)(c), the juvenile shall remain
under the court’s jurisdiction for a maximum term of ten
years after the juvenile’s eighteenth birthday. Prior to the
expiration of the initial ten-year period, the juvenile court
may extend the judgment for restitution an additional ten
years. The court may not require the juvenile to pay full or
partial restitution if the juvenile reasonably satisfies the court
that he or she does not have the means to make full or
partial restitution and could not reasonably acquire the means
to pay the restitution over a ten-year period. The county
clerk shall make disbursements to victims named in the
order. The restitution to victims named in the order shall be
paid prior to any payment for other penalties or monetary
assessments. A juvenile under obligation to pay restitution
may petition the court for modification of the restitution
order.
(6) The juvenile shall retain the right to be referred to
the court at any time prior to the signing of the diversion
agreement.
(7) Divertees and potential divertees shall be afforded
due process in all contacts with a diversion unit regardless
of whether the juveniles are accepted for diversion or
whether the diversion program is successfully completed.
Such due process shall include, but not be limited to, the
following:
(a) A written diversion agreement shall be executed
stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the
only grounds for termination;
(c) No divertee may be terminated from a diversion
program without being given a court hearing, which hearing
shall be preceded by:
(i) Written notice of alleged violations of the conditions
of the diversion program; and
(ii) Disclosure of all evidence to be offered against the
divertee;
(d) The hearing shall be conducted by the juvenile court
and shall include:
(i) Opportunity to be heard in person and to present
evidence;
(ii) The right to confront and cross-examine all adverse
witnesses;
(iii) A written statement by the court as to the evidence
relied on and the reasons for termination, should that be the
decision; and
(iv) Demonstration by evidence that the divertee has
substantially violated the terms of his or her diversion
agreement.
(e) The prosecutor may file an information on the
offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen
years of age; or
(ii) In superior court or the appropriate court of limited
jurisdiction if the divertee is eighteen years of age or older.
(8) The diversion unit shall, subject to available funds,
be responsible for providing interpreters when juveniles need
interpreters to effectively communicate during diversion unit
hearings or negotiations.
(9) The diversion unit shall be responsible for advising
a divertee of his or her rights as provided in this chapter.
(10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
[Title 13 RCW—page 68]
(11) The right to counsel shall inure prior to the initial
interview for purposes of advising the juvenile as to whether
he or she desires to participate in the diversion process or to
appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process,
including intake interviews and termination hearings. The
juvenile shall be fully advised at the intake of his or her
right to an attorney and of the relevant services an attorney
can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement
process.
The juvenile shall be advised that a diversion agreement
shall constitute a part of the juvenile’s criminal history as
defined by RCW 13.40.020(7). A signed acknowledgment
of such advisement shall be obtained from the juvenile, and
the document shall be maintained by the diversion unit
together with the diversion agreement, and a copy of both
documents shall be delivered to the prosecutor if requested
by the prosecutor. The supreme court shall promulgate rules
setting forth the content of such advisement in simple
language.
(12) When a juvenile enters into a diversion agreement,
the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile’s obligations under such agreement;
(d) Whether the alleged offender performed his or her
obligations under such agreement; and
(e) The facts of the alleged offense.
(13) A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit
refuses to enter a diversion agreement with a juvenile, it
shall immediately refer such juvenile to the court for action
and shall forward to the court the criminal complaint and a
detailed statement of its reasons for refusing to enter into a
diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action
if such juvenile violates the terms of the diversion agreement.
(14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile
has been referred to it involved no victim, or where it
determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act
involving no threat of or instance of actual physical harm
and involving not more than fifty dollars in property loss or
damage and that there is no loss outstanding to the person or
firm suffering such damage or loss, counsel and release or
release such a juvenile without entering into a diversion
agreement. A diversion unit’s authority to counsel and
release a juvenile under this subsection includes the authority
to refer the juvenile to community-based counseling or
treatment programs. Any juvenile released under this
subsection shall be advised that the act or omission of any
act for which he or she had been referred shall constitute a
part of the juvenile’s criminal history as defined by RCW
13.40.020(7). A signed acknowledgment of such advisement
shall be obtained from the juvenile, and the document shall
be maintained by the unit, and a copy of the document shall
be delivered to the prosecutor if requested by the prosecutor.
The supreme court shall promulgate rules setting forth the
(2002 Ed.)
Juvenile Justice Act of 1977
content of such advisement in simple language. A juvenile
determined to be eligible by a diversion unit for release as
provided in this subsection shall retain the same right to
counsel and right to have his or her case referred to the court
for formal action as any other juvenile referred to the unit.
(15) A diversion unit may supervise the fulfillment of
a diversion agreement entered into before the juvenile’s
eighteenth birthday and which includes a period extending
beyond the divertee’s eighteenth birthday.
(16) If a fine required by a diversion agreement cannot
reasonably be paid due to a change of circumstance, the
diversion agreement may be modified at the request of the
divertee and with the concurrence of the diversion unit to
convert an unpaid fine into community restitution. The
modification of the diversion agreement shall be in writing
and signed by the divertee and the diversion unit. The
number of hours of community restitution in lieu of a
monetary penalty shall be converted at the rate of the
prevailing state minimum wage per hour.
(17) Fines imposed under this section shall be collected
and paid into the county general fund in accordance with
procedures established by the juvenile court administrator
under RCW 13.04.040 and may be used only for juvenile
services. In the expenditure of funds for juvenile services,
there shall be a maintenance of effort whereby counties
exhaust existing resources before using amounts collected
under this section. [2002 c 237 § 8; 2002 c 175 § 21; 1999
c 91 § 1; 1997 c 338 § 70; 1997 c 121 § 8; 1996 c 124 § 1;
1994 sp.s. c 7 § 544; 1992 c 205 § 108; 1985 c 73 § 2; 1983
c 191 § 16; 1981 c 299 § 8; 1979 c 155 § 61; 1977 ex.s. c
291 § 62.]
Reviser’s note: This section was amended by 2002 c 175 § 21 and
by 2002 c 237 § 8, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Application—1994 sp.s. c 7 §§ 540-545: See note following RCW
13.50.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Effective date—1985 c 73: See note following RCW 13.40.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.085 Diversion services costs—Fees—Payment
by parent or legal guardian. The county legislative
authority may authorize juvenile court administrators to
establish fees to cover the costs of the administration and
operation of diversion services provided under this chapter.
The parent or legal guardian of a juvenile who receives
diversion services must pay for the services based on the
parent’s or guardian’s ability to pay. The juvenile court
administrators shall develop a fair and equitable payment
schedule. No juvenile who is eligible for diversion as
provided in this chapter may be denied diversion services
(2002 Ed.)
13.40.080
based on an inability to pay for the services. [1993 c 171 §
1.]
13.40.090 Prosecuting attorney as party to juvenile
court proceedings—Exception, procedure. The county
prosecuting attorney shall be a party to all juvenile court
proceedings involving juvenile offenders or alleged juvenile
offenders.
The prosecuting attorney may, after giving appropriate
notice to the juvenile court, decline to represent the state of
Washington in juvenile court matters except felonies unless
requested by the court on an individual basis to represent the
state at an adjudicatory hearing in which case he or she shall
participate. When the prosecutor declines to represent the
state, then such function may be performed by the juvenile
court probation counselor authorized by the court or local
court rule to serve as the prosecuting authority.
If the prosecuting attorney elects not to participate, the
prosecuting attorney shall file with the county clerk each
year by the first Monday in July notice of intent not to
participate. In a county wherein the prosecuting attorney has
elected not to participate in juvenile court, he or she shall
not thereafter until the next filing date participate in juvenile
court proceedings unless so requested by the court on an
individual basis, in which case the prosecuting attorney shall
participate. [1977 ex.s. c 291 § 63.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.100 Summons or other notification issued
upon filing of information—Procedure—Order to take
juvenile into custody—Contempt of court, when. (1)
Upon the filing of an information the alleged offender shall
be notified by summons, warrant, or other method approved
by the court of the next required court appearance.
(2) If notice is by summons, the clerk of the court shall
issue a summons directed to the juvenile, if the juvenile is
twelve or more years of age, and another to the parents,
guardian, or custodian, and such other persons as appear to
the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at
the time fixed to hear the petition. Where the custodian is
summoned, the parent or guardian or both shall also be
served with a summons.
(3) A copy of the information shall be attached to each
summons.
(4) The summons shall advise the parties of the right to
counsel.
(5) The judge may endorse upon the summons an order
directing the parents, guardian, or custodian having the
custody or control of the juvenile to bring the juvenile to the
hearing.
(6) If it appears from affidavit or sworn statement
presented to the judge that there is probable cause for the
issuance of a warrant of arrest or that the juvenile needs to
be taken into custody pursuant to RCW 13.34.050, the judge
may endorse upon the summons an order that an officer
serving the summons shall at once take the juvenile into
custody and take the juvenile to the place of detention or
shelter designated by the court.
[Title 13 RCW—page 69]
13.40.100
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(7) Service of summons may be made under the
direction of the court by any law enforcement officer or
probation counselor.
(8) If the person summoned as herein provided fails
without reasonable cause to appear and abide the order of
the court, the person may be proceeded against as for
contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the
court may consider all factors relevant to the person’s ability
to appear as summoned. [1997 c 338 § 19; 1979 c 155 §
62; 1977 ex.s. c 291 § 64.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.110 Hearing on question of declining jurisdiction—Held, when—Findings. (1) The prosecutor, respondent, or the court on its own motion may, before a hearing
on the information on its merits, file a motion requesting the
court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question
of declining jurisdiction. Unless waived by the court, the
parties, and their counsel, a decline hearing shall be held
when:
(a) The respondent is fifteen, sixteen, or seventeen years
of age and the information alleges a class A felony or an
attempt, solicitation, or conspiracy to commit a class A
felony;
(b) The respondent is seventeen years of age and the
information alleges assault in the second degree, extortion in
the first degree, indecent liberties, child molestation in the
second degree, kidnapping in the second degree, or robbery
in the second degree; or
(c) The information alleges an escape by the respondent
and the respondent is serving a minimum juvenile sentence
to age twenty-one.
(2) The court after a decline hearing may order the case
transferred for adult criminal prosecution upon a finding that
the declination would be in the best interest of the juvenile
or the public. The court shall consider the relevant reports,
facts, opinions, and arguments presented by the parties and
their counsel.
(3) When the respondent is transferred for criminal
prosecution or retained for prosecution in juvenile court, the
court shall set forth in writing its finding which shall be
supported by relevant facts and opinions produced at the
hearing. [1997 c 338 § 20; 1990 c 3 § 303; 1988 c 145 §
18; 1979 c 155 § 63; 1977 ex.s. c 291 § 65.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Savings—Application—1988 c 145: See notes
following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
[Title 13 RCW—page 70]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.120 Hearings—Time and place. All hearings
may be conducted at any time or place within the limits of
the judicial district, and such cases may not be heard in
conjunction with other business of any other division of the
superior court. [1981 c 299 § 9; 1979 c 155 § 64; 1977
ex.s. c 291 § 66.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.127 Deferred disposition. (1) A juvenile is
eligible for deferred disposition unless he or she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony;
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more adjudications.
(2) The juvenile court may, upon motion at least
fourteen days before commencement of trial and, after
consulting the juvenile’s custodial parent or parents or
guardian and with the consent of the juvenile, continue the
case for disposition for a period not to exceed one year from
the date the juvenile is found guilty. The court shall
consider whether the offender and the community will
benefit from a deferred disposition before deferring the
disposition.
(3) Any juvenile who agrees to a deferral of disposition
shall:
(a) Stipulate to the admissibility of the facts contained
in the written police report;
(b) Acknowledge that the report will be entered and
used to support a finding of guilt and to impose a disposition
if the juvenile fails to comply with terms of supervision; and
(c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses.
The adjudicatory hearing shall be limited to a reading of
the court’s record.
(4) Following the stipulation, acknowledgment, waiver,
and entry of a finding or plea of guilt, the court shall defer
entry of an order of disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under
this section shall be placed under community supervision.
The court may impose any conditions of supervision that it
deems appropriate including posting a probation bond.
Payment of restitution under RCW 13.40.190 shall be a
condition of community supervision under this section.
(6) A parent who signed for a probation bond has the
right to notify the counselor if the juvenile fails to comply
with the bond or conditions of supervision. The counselor
shall notify the court and surety of any failure to comply.
A surety shall notify the court of the juvenile’s failure to
comply with the probation bond. The state shall bear the
burden to prove, by a preponderance of the evidence, that
the juvenile has failed to comply with the terms of community supervision.
(7) A juvenile’s lack of compliance shall be determined
by the judge upon written motion by the prosecutor or the
juvenile’s juvenile court community supervision counselor.
(2002 Ed.)
Juvenile Justice Act of 1977
If a juvenile fails to comply with terms of supervision, the
court shall enter an order of disposition.
(8) At any time following deferral of disposition the
court may, following a hearing, continue the case for an
additional one-year period for good cause.
(9) At the conclusion of the period set forth in the order
of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full
restitution, the respondent’s conviction shall be vacated and
the court shall dismiss the case with prejudice. [2001 c 175
§ 3; 1997 c 338 § 21.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.130 Procedure upon plea of guilty or not
guilty to information allegations—Notice—Adjudicatory
and disposition hearing—Disposition standards used in
sentencing. (1) The respondent shall be advised of the
allegations in the information and shall be required to plead
guilty or not guilty to the allegation(s). The state or the
respondent may make preliminary motions up to the time of
the plea.
(2) If the respondent pleads guilty, the court may
proceed with disposition or may continue the case for a
dispositional hearing. If the respondent denies guilt, an
adjudicatory hearing date shall be set. The court shall notify
the parent, guardian, or custodian who has custody of a
juvenile described in the charging document of the
dispositional or adjudicatory hearing and shall require
attendance.
(3) At the adjudicatory hearing it shall be the burden of
the prosecution to prove the allegations of the information
beyond a reasonable doubt.
(4) The court shall record its findings of fact and shall
enter its decision upon the record. Such findings shall set
forth the evidence relied upon by the court in reaching its
decision.
(5) If the respondent is found not guilty he or she shall
be released from detention.
(6) If the respondent is found guilty the court may
immediately proceed to disposition or may continue the case
for a dispositional hearing. Notice of the time and place of
the continued hearing may be given in open court. If notice
is not given in open court to a party, the party and the
parent, guardian, or custodian who has custody of the
juvenile shall be notified by mail of the time and place of
the continued hearing.
(7) The court following an adjudicatory hearing may
request that a predisposition study be prepared to aid the
court in its evaluation of the matters relevant to disposition
of the case.
(8) The disposition hearing shall be held within fourteen
days after the adjudicatory hearing or plea of guilty unless
good cause is shown for further delay, or within twenty-one
days if the juvenile is not held in a detention facility, unless
good cause is shown for further delay.
(9) In sentencing an offender, the court shall use the
disposition standards in effect on the date of the offense.
(10) A person notified under this section who fails
without reasonable cause to appear and abide by the order of
(2002 Ed.)
13.40.127
the court may be proceeded against as for contempt of court.
In determining whether a parent, guardian, or custodian had
reasonable cause not to appear, the court may consider all
factors relevant to the person’s ability to appear as summoned. [1997 c 338 § 22; 1981 c 299 § 10; 1979 c 155 §
65; 1977 ex.s. c 291 § 67.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.135 Sexual motivation special allegation—
Procedures. (1) The prosecuting attorney shall file a special
allegation of sexual motivation in every juvenile offense
other than sex offenses as defined in *RCW 9.94A.030(33)
(a) or (c) when sufficient admissible evidence exists, which,
when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would
justify a finding of sexual motivation by a reasonable and
objective fact-finder.
(2) In a juvenile case wherein there has been a special
allegation the state shall prove beyond a reasonable doubt
that the juvenile committed the offense with a sexual
motivation. The court shall make a finding of fact of
whether or not the sexual motivation was present at the time
of the commission of the offense. This finding shall not be
applied to sex offenses as defined in *RCW 9.94A.030(33)
(a) or (c).
(3) The prosecuting attorney shall not withdraw the
special allegation of "sexual motivation" without approval of
the court through an order of dismissal. The court shall not
dismiss the special allegation unless it finds that such an
order is necessary to correct an error in the initial charging
decision or unless there are evidentiary problems which
make proving the special allegation doubtful. [1997 c 338
§ 23; 1990 c 3 § 604.]
*Reviser’s note: RCW 9.94A.030 was amended by 1999 c 352 § 8,
changing subsection (33)(c) to subsection (33)(d). RCW 9.94A.030 was
also amended by 1999 c 196 § 2, changing subsection (33) to subsection
(36). RCW 9.94A.030 was subsequently amended by 2000 c 28 § 2,
changing subsection (36) to subsection (37), effective July 1, 2001. RCW
9.94A.030 was subsequently amended by 2001 2nd sp.s. c 12 § 301,
changing subsection (37) to subsection (38).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Application—1990 c 3 §§ 601-605: See note
following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
13.40.140 Juveniles entitled to usual judicial
rights—Notice of—Open court—Privilege against selfincrimination—Waiver of rights, when. (1) A juvenile
shall be advised of his or her rights when appearing before
the court.
(2) A juvenile and his or her parent, guardian, or
custodian shall be advised by the court or its representative
[Title 13 RCW—page 71]
13.40.140
Title 13 RCW: Juvenile Courts and Juvenile Offenders
that the juvenile has a right to be represented by counsel at
all critical stages of the proceedings. Unless waived, counsel
shall be provided to a juvenile who is financially unable to
obtain counsel without causing substantial hardship to
himself or herself or the juvenile’s family, in any proceeding
where the juvenile may be subject to transfer for criminal
prosecution, or in any proceeding where the juvenile may be
in danger of confinement. The ability to pay part of the cost
of counsel does not preclude assignment. In no case may a
juvenile be deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall
be fully advised of his or her right to an attorney and of the
relevant services an attorney can provide.
(3) The right to counsel includes the right to the
appointment of experts necessary, and the experts shall be
required pursuant to the procedures and requirements
established by the supreme court.
(4) Upon application of a party, the clerk of the court
shall issue, and the court on its own motion may issue,
subpoenas requiring attendance and testimony of witnesses
and production of records, documents, or other tangible
objects at any hearing, or such subpoenas may be issued by
an attorney of record.
(5) All proceedings shall be transcribed verbatim by
means which will provide an accurate record.
(6) The general public and press shall be permitted to
attend any hearing unless the court, for good cause, orders
a particular hearing to be closed. The presumption shall be
that all such hearings will be open.
(7) In all adjudicatory proceedings before the court, all
parties shall have the right to adequate notice, discovery as
provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter
expressly permits the use of hearsay testimony, findings
based solely upon the evidence adduced at the hearing, and
an unbiased fact-finder.
(8) A juvenile shall be accorded the same privilege
against self-incrimination as an adult. An extrajudicial
statement which would be constitutionally inadmissible in a
criminal proceeding may not be received in evidence at an
adjudicatory hearing over objection. Evidence illegally
seized or obtained may not be received in evidence over
objection at an adjudicatory hearing to prove the allegations
against the juvenile if the evidence would be inadmissible in
an adult criminal proceeding. An extrajudicial admission or
confession made by the juvenile out of court is insufficient
to support a finding that the juvenile committed the acts
alleged in the information unless evidence of a corpus delicti
is first independently established in the same manner as
required in an adult criminal proceeding.
(9) Waiver of any right which a juvenile has under this
chapter must be an express waiver intelligently made by the
juvenile after the juvenile has been fully informed of the
right being waived.
(10) Whenever this chapter refers to waiver or objection
by a juvenile, the word juvenile shall be construed to refer
to a juvenile who is at least twelve years of age. If a
juvenile is under twelve years of age, the juvenile’s parent,
guardian, or custodian shall give any waiver or offer any
objection contemplated by this chapter. [1981 c 299 § 11;
1979 c 155 § 66; 1977 ex.s. c 291 § 68.]
[Title 13 RCW—page 72]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.145 Payment of fees for legal services by
publicly funded counsel—Hearing—Order or decree—
Entering and enforcing judgments. Upon disposition or at
the time of a modification or at the time an appellate court
remands the case to the trial court following a ruling in favor
of the state the court may order the juvenile or a parent or
another person legally obligated to support the juvenile to
appear, and the court may inquire into the ability of those
persons to pay a reasonable sum representing in whole or in
part the fees for legal services provided by publicly funded
counsel and the costs incurred by the public in producing a
verbatim report of proceedings and clerk’s papers for use in
the appellate courts.
If, after hearing, the court finds the juvenile, parent, or
other legally obligated person able to pay part or all of the
attorney’s fees and costs incurred on appeal, the court may
enter such order or decree as is equitable and may enforce
the order or decree by execution, or in any way in which a
court of equity may enforce its decrees.
In no event may the court order an amount to be paid
for attorneys’ fees that exceeds the average per case fee
allocation for juvenile proceedings in the county where the
services have been provided or the average per case fee
allocation for juvenile appeals established by the Washington
supreme court.
In any case in which there is no compliance with an
order or decree of the court requiring a juvenile, parent, or
other person legally obligated to support the juvenile to pay
for legal services provided by publicly funded counsel, the
court may, upon such person or persons being properly
summoned or voluntarily appearing, proceed to inquire into
the amount due upon the order or decree and enter judgment
for that amount against the defaulting party or parties. Judgment shall be docketed in the same manner as are other
judgments for the payment of money.
The county in which such judgments are entered shall
be denominated the judgment creditor, and the judgments
may be enforced by the prosecuting attorney of that county.
Any moneys recovered thereon shall be paid into the registry
of the court and shall be disbursed to such person, persons,
agency, or governmental entity as the court finds entitled
thereto.
Such judgments shall remain valid and enforceable for
a period of ten years subsequent to entry.
When the juvenile reaches the age of eighteen or at the
conclusion of juvenile court jurisdiction, whichever occurs
later, the superior court clerk must docket the remaining
balance of the juvenile’s legal financial obligations in the
same manner as other judgments for the payment of money.
The judgment remains valid and enforceable until ten years
from the date of its imposition. The clerk of superior court
may seek extension of the judgment for legal financial
obligations, including crime victims’ assessments, in the
same manner as RCW 6.17.020 for purposes of collection as
allowed under RCW 36.18.190. [1997 c 121 § 6; 1995 c
275 § 4; 1984 c 86 § 1.]
(2002 Ed.)
Juvenile Justice Act of 1977
Finding—Severability—1995 c 275: See notes following RCW
10.73.150.
13.40.150 Disposition hearing—Scope—Factors to
be considered prior to entry of dispositional order. (1)
In disposition hearings all relevant and material evidence,
including oral and written reports, may be received by the
court and may be relied upon to the extent of its probative
value, even though such evidence may not be admissible in
a hearing on the information. The youth or the youth’s
counsel and the prosecuting attorney shall be afforded an
opportunity to examine and controvert written reports so
received and to cross-examine individuals making reports
when such individuals are reasonably available, but sources
of confidential information need not be disclosed. The
prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) Violations which are current offenses count as
misdemeanors;
(b) Violations may not count as part of the offender’s
criminal history;
(c) In no event may a disposition for a violation include
confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall
hold a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of
criminal conduct by the respondent;
(b) Consider information and arguments offered by
parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent’s parent, guardian, or
custodian on the appropriateness of dispositional options
under consideration and afford the respondent and the
respondent’s parent, guardian, or custodian an opportunity to
speak in the respondent’s behalf;
(e) Allow the victim or a representative of the victim
and an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the
victim, if any, or set a hearing for a later date not to exceed
one hundred eighty days from the date of the disposition
hearing to determine the amount, except that the court may
continue the hearing beyond the one hundred eighty days for
good cause;
(g) Determine the respondent’s offender score;
(h) Consider whether or not any of the following
mitigating factors exist:
(i) The respondent’s conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious
bodily injury;
(ii) The respondent acted under strong and immediate
provocation;
(iii) The respondent was suffering from a mental or
physical condition that significantly reduced his or her
culpability for the offense though failing to establish a
defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the
victim for the injury or loss sustained; and
(2002 Ed.)
13.40.145
(v) There has been at least one year between the
respondent’s current offense and any prior criminal offense;
(i) Consider whether or not any of the following
aggravating factors exist:
(i) In the commission of the offense, or in flight
therefrom, the respondent inflicted or attempted to inflict
serious bodily injury to another;
(ii) The offense was committed in an especially heinous,
cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has
failed to comply with conditions of a recent dispositional
order or diversion agreement;
(v) The current offense included a finding of sexual
motivation pursuant to RCW 13.40.135;
(vi) The respondent was the leader of a criminal
enterprise involving several persons;
(vii) There are other complaints which have resulted in
diversion or a finding or plea of guilty but which are not
included as criminal history; and
(viii) The standard range disposition is clearly too
lenient considering the seriousness of the juvenile’s prior
adjudications.
(4) The following factors may not be considered in
determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the
respondent’s family;
(c) The creed or religion of the respondent or the
respondent’s family;
(d) The economic or social class of the respondent or
the respondent’s family; and
(e) Factors indicating that the respondent may be or is
a dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state
institution solely because of the lack of facilities, including
treatment facilities, existing in the community. [1998 c 86
§ 1; 1997 c 338 § 24; 1995 c 268 § 5; 1992 c 205 § 109;
1990 c 3 § 605; 1981 c 299 § 12; 1979 c 155 § 67; 1977
ex.s. c 291 § 69.]
Effective date—1998 c 86: "This act takes effect July 1, 1998."
[1998 c 86 § 2.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Effective date—Application—1990 c 3 §§ 601-605: See note
following RCW 9.94A.835.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.160 Disposition order—Court’s action prescribed—Disposition outside standard range—Right of
appeal—Special sex offender disposition alternative. (1)
[Title 13 RCW—page 73]
13.40.160
Title 13 RCW: Juvenile Courts and Juvenile Offenders
The standard range disposition for a juvenile adjudicated of
an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local
sanction as provided in RCW 13.40.0357 option A, the court
shall impose a determinate disposition within the standard
ranges, except as provided in subsections (2), (3), and (4) of
this section. The disposition may be comprised of one or
more local sanctions.
(b) When the court sentences an offender to a standard
range as provided in RCW 13.40.0357 option A that includes
a term of confinement exceeding thirty days, commitment
shall be to the department for the standard range of confinement, except as provided in subsections (2), (3), and (4) of
this section.
(2) If the court concludes, and enters reasons for its
conclusion, that disposition within the standard range would
effectuate a manifest injustice the court shall impose a
disposition outside the standard range, as indicated in option
C of RCW 13.40.0357. The court’s finding of manifest
injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be
determinate and shall be comprised of confinement or
community supervision, or a combination thereof. When a
judge finds a manifest injustice and imposes a sentence of
confinement exceeding thirty days, the court shall sentence
the juvenile to a maximum term, and the provisions of RCW
13.40.030(2) shall be used to determine the range. A
disposition outside the standard range is appealable under
RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under
RCW 13.40.230.
(3) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a
serious violent offense as defined by RCW 9.94A.030, and
has no history of a prior sex offense, the court, on its own
motion or the motion of the state or the respondent, may
order an examination to determine whether the respondent is
amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent’s version of the facts
and the official version of the facts, the respondent’s offense
history, an assessment of problems in addition to alleged
deviant behaviors, the respondent’s social, educational, and
employment situation, and other evaluation measures used.
The report shall set forth the sources of the evaluator’s
information.
The examiner shall assess and report regarding the
respondent’s amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided
and shall include, at a minimum:
(a)(i) Frequency and type of contact between the
offender and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and
monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion
by the state shall order, a second examination regarding the
[Title 13 RCW—page 74]
offender’s amenability to treatment. The evaluator shall be
selected by the party making the motion. The defendant
shall pay the cost of any second examination ordered unless
the court finds the defendant to be indigent in which case the
state shall pay the cost.
After receipt of reports of the examination, the court
shall then consider whether the offender and the community
will benefit from use of this special sex offender disposition
alternative and consider the victim’s opinion whether the offender should receive a treatment disposition under this
section. If the court determines that this special sex offender
disposition alternative is appropriate, then the court shall
impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons
for its conclusions, that such disposition would cause a
manifest injustice, the court shall impose a disposition under
option C, and the court may suspend the execution of the
disposition and place the offender on community supervision
for at least two years. As a condition of the suspended
disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty
days of confinement and requirements that the offender do
any one or more of the following:
(b)(i) Devote time to a specific education, employment,
or occupation;
(ii) Undergo available outpatient sex offender treatment
for up to two years, or inpatient sex offender treatment not
to exceed the standard range of confinement for that offense.
A community mental health center may not be used for such
treatment unless it has an appropriate program designed for
sex offender treatment. The respondent shall not change sex
offender treatment providers or treatment conditions without
first notifying the prosecutor, the probation counselor, and
the court, and shall not change providers without court
approval after a hearing if the prosecutor or probation
counselor object to the change;
(iii) Remain within prescribed geographical boundaries
and notify the court or the probation counselor prior to any
change in the offender’s address, educational program, or
employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider.
This change shall have prior approval by the court;
(v) Report as directed to the court and a probation
counselor;
(vi) Pay all court-ordered legal financial obligations,
perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any
counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered
probation bond; or
(ix) The court shall order that the offender may not
attend the public or approved private elementary, middle, or
high school attended by the victim or the victim’s siblings.
The parents or legal guardians of the offender are responsible for transportation or other costs associated with the
offender’s change of school that would otherwise be paid by
the school district. The court shall send notice of the
disposition and restriction on attending the same school as
the victim or victim’s siblings to the public or approved
private school the juvenile will attend, if known, or if
unknown, to the approved private schools and the public
(2002 Ed.)
Juvenile Justice Act of 1977
school district board of directors of the district in which the
juvenile resides or intends to reside. This notice must be
sent at the earliest possible date but not later than ten
calendar days after entry of the disposition.
The sex offender treatment provider shall submit
quarterly reports on the respondent’s progress in treatment to
the court and the parties. The reports shall reference the
treatment plan and include at a minimum the following:
Dates of attendance, respondent’s compliance with requirements, treatment activities, the respondent’s relative progress
in treatment, and any other material specified by the court at
the time of the disposition.
At the time of the disposition, the court may set
treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1,
1991, examinations and treatment ordered pursuant to this
subsection shall only be conducted by sex offender treatment
providers certified by the department of health pursuant to
chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this
subsection does not have to be certified by the department of
health pursuant to chapter 18.155 RCW if the court finds
that: (A) The offender has already moved to another state
or plans to move to another state for reasons other than
circumventing the certification requirements; (B) no certified
providers are available for treatment within a reasonable
geographical distance of the offender’s home; and (C) the
evaluation and treatment plan comply with this subsection
(3) and the rules adopted by the department of health.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make
satisfactory progress in treatment, the court may revoke the
suspension and order execution of the disposition or the
court may impose a penalty of up to thirty days’ confinement for violating conditions of the disposition. The court
may order both execution of the disposition and up to thirty
days’ confinement for the violation of the conditions of the
disposition. The court shall give credit for any confinement
time previously served if that confinement was for the
offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person
who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
crime charged. "Victim" may also include a known parent
or guardian of a victim who is a minor child unless the
parent or guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not
appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court
may impose the disposition alternative under RCW
13.40.165.
(5) RCW 13.40.193 shall govern the disposition of any
juvenile adjudicated of possessing a firearm in violation of
RCW 9.41.040(1)(b)(iii) or any crime in which a special
finding is entered that the juvenile was armed with a firearm.
(6) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the
dispositional order shall specifically state the number of days
of credit for time served.
(2002 Ed.)
13.40.160
(7) Except as provided under subsection (3) or (4) of
this section or RCW 13.40.127, the court shall not suspend
or defer the imposition or the execution of the disposition.
(8) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could
be subjected for the same offense. [2002 c 175 § 22; 1999
c 91 § 2. Prior: 1997 c 338 § 25; 1997 c 265 § 1; 1995 c
395 § 7; 1994 sp.s. c 7 § 523; 1992 c 45 § 6; 1990 c 3 §
302; 1989 c 407 § 4; 1983 c 191 § 8; 1981 c 299 § 13; 1979
c 155 § 68; 1977 ex.s. c 291 § 70.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1997 c 265: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 265 § 9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.165 Chemical dependency disposition alternative. (1) The purpose of this disposition alternative is to
ensure that successful treatment options to reduce recidivism
are available to eligible youth, pursuant to RCW 70.96A.520.
The court must consider eligibility for the chemical dependency disposition alternative when a juvenile offender is
subject to a standard range disposition of local sanctions or
15 to 36 weeks of confinement and has not committed an Aor B+ offense, other than a first time B+ offense under
chapter 69.50 RCW. The court, on its own motion or the
motion of the state or the respondent if the evidence shows
that the offender may be chemically dependent or substance
abusing, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility
approved under chapter 70.96A RCW to determine if the
youth is chemically dependent or substance abusing. The
offender shall pay the cost of any examination ordered under
this subsection unless the court finds that the offender is
indigent and no third party insurance coverage is available,
in which case the state shall pay the cost.
(2) The report of the examination shall include at a
minimum the following: The respondent’s version of the
facts and the official version of the facts, the respondent’s
offense history, an assessment of drug-alcohol problems and
previous treatment attempts, the respondent’s social, educational, and employment situation, and other evaluation
measures used. The report shall set forth the sources of the
examiner’s information.
(3) The examiner shall assess and report regarding the
respondent’s relative risk to the community. A proposed
treatment plan shall be provided and shall include, at a
minimum:
[Title 13 RCW—page 75]
13.40.165
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(a) Whether inpatient and/or outpatient treatment is
recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and
monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(4) The court on its own motion may order, or on a
motion by the state or the respondent shall order, a second
examination. The evaluator shall be selected by the party
making the motion. The requesting party shall pay the cost
of any examination ordered under this subsection unless the
requesting party is the offender and the court finds that the
offender is indigent and no third party insurance coverage is
available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the
court shall then consider whether the offender and the
community will benefit from use of this chemical dependency disposition alternative and consider the victim’s opinion
whether the offender should receive a treatment disposition
under this section.
(b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall
impose the standard range for the offense, or if the court
concludes, and enters reasons for its conclusion, that such
disposition would effectuate a manifest injustice, the court
shall impose a disposition above the standard range as
indicated in option C of RCW 13.40.0357 if the disposition
is an increase from the standard range and the confinement
of the offender does not exceed a maximum of fifty-two
weeks, suspend execution of the disposition, and place the
offender on community supervision for up to one year. As
a condition of the suspended disposition, the court shall
require the offender to undergo available outpatient
drug/alcohol treatment and/or inpatient drug/alcohol
treatment. For purposes of this section, inpatient treatment
may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty
days of confinement, one hundred fifty hours of community
restitution, and payment of legal financial obligations and
restitution.
(6) The drug/alcohol treatment provider shall submit
monthly reports on the respondent’s progress in treatment to
the court and the parties. The reports shall reference the
treatment plan and include at a minimum the following:
Dates of attendance, respondent’s compliance with requirements, treatment activities, the respondent’s relative progress
in treatment, and any other material specified by the court at
the time of the disposition.
At the time of the disposition, the court may set
treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make
satisfactory progress in treatment, the court may impose
sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall
give credit for any confinement time previously served if
that confinement was for the offense for which the suspension is being revoked.
[Title 13 RCW—page 76]
(7) For purposes of this section, "victim" means any
person who has sustained emotional, psychological, physical,
or financial injury to person or property as a direct result of
the offense charged.
(8) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the
dispositional order shall specifically state the number of days
of credit for time served.
(9) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could
be subjected for the same offense.
(10) A disposition under this section is not appealable
under RCW 13.40.230. [2002 c 175 § 23; 2002 c 42 § 1;
2001 c 164 § 1; 1997 c 338 § 26.]
Reviser’s note: This section was amended by 2002 c 42 § 1 and by
2002 c 175 § 23, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Effectiveness standards—1997 c 338 § 26: "The University of
Washington shall develop standards for measuring effectiveness of treatment
programs established under section 26 of this act. The standards shall be
developed and presented to the governor and legislature not later than
January 1, 1998. The standards shall include methods for measuring
success factors following treatment. Success factors shall include, but need
not be limited to, continued use of alcohol or controlled substances, arrests,
violations of terms of community supervision, and convictions for
subsequent offenses." [1997 c 338 § 27.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.180 Disposition order—Consecutive terms
when two or more offenses—Limitations. Where a
disposition is imposed on a youth for two or more offenses,
the terms shall run consecutively, subject to the following
limitations:
(1) Where the offenses were committed through a single
act or omission, omission, or through an act or omission
which in itself constituted one of the offenses and also was
an element of the other, the aggregate of all the terms shall
not exceed one hundred fifty percent of the term imposed for
the most serious offense;
(2) The aggregate of all consecutive terms shall not
exceed three hundred percent of the term imposed for the
most serious offense; and
(3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or
require payment of more than two hundred dollars in fines
or the performance of more than two hundred hours of
community restitution. [2002 c 175 § 24; 1981 c 299 § 14;
1977 ex.s. c 291 § 72.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.185 Disposition order—Confinement under
departmental supervision or in juvenile facility, when.
(1) Any term of confinement imposed for an offense which
exceeds thirty days shall be served under the supervision of
the department. If the period of confinement imposed for
more than one offense exceeds thirty days but the term
(2002 Ed.)
Juvenile Justice Act of 1977
imposed for each offense is less than thirty days, the
confinement may, in the discretion of the court, be served in
a juvenile facility operated by or pursuant to a contract with
the state or a county.
(2) Whenever a juvenile is confined in a detention
facility or is committed to the department, the court may not
directly order a juvenile into a particular county or state
facility. The juvenile court administrator and the secretary,
assistant secretary, or the secretary’s designee, as appropriate, has the sole discretion to determine in which facility a
juvenile should be confined or committed. The counties may
operate a variety of detention facilities as determined by the
county legislative authority subject to available funds. [1994
sp.s. c 7 § 524; 1981 c 299 § 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.190 Disposition order—Restitution for loss—
Modification of restitution order. (1) In its dispositional
order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a
result of the offense committed by the respondent. In
addition, restitution may be ordered for loss or damage if the
offender pleads guilty to a lesser offense or fewer offenses
and agrees with the prosecutor’s recommendation that the
offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are
not prosecuted. The payment of restitution shall be in
addition to any punishment which is imposed pursuant to the
other provisions of this chapter. The court may determine
the amount, terms, and conditions of the restitution including
a payment plan extending up to ten years if the court
determines that the respondent does not have the means to
make full restitution over a shorter period. Restitution may
include the costs of counseling reasonably related to the
offense. If the respondent participated in the crime with
another person or other persons, all such participants shall be
jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall
remain under the court’s jurisdiction for a maximum term of
ten years after the respondent’s eighteenth birthday. Prior to
the expiration of the ten-year period, the juvenile court may
extend the judgment for the payment of restitution for an
additional ten years.
(2) Regardless of the provisions of subsection (1) of this
section, the court shall order restitution in all cases where
the victim is entitled to benefits under the crime victims’
compensation act, chapter 7.68 RCW. If the court does not
order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims’
compensation act, the department of labor and industries, as
administrator of the crime victims’ compensation program,
may petition the court within one year of entry of the
disposition order for entry of a restitution order. Upon
receipt of a petition from the department of labor and
industries, the court shall hold a restitution hearing and shall
enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements
to victims named in the order. The restitution to victims
named in the order shall be paid prior to any payment for
other penalties or monetary assessments.
(2002 Ed.)
13.40.185
(4) A respondent under obligation to pay restitution may
petition the court for modification of the restitution order.
[1997 c 338 § 29; 1997 c 121 § 9; 1996 c 124 § 2; 1995 c
33 § 5; 1994 sp.s. c 7 § 528; 1987 c 281 § 5; 1985 c 257 §
2; 1983 c 191 § 9; 1979 c 155 § 69; 1977 ex.s. c 291 § 73.]
Reviser’s note: This section was amended by 1997 c 121 § 9 and by
1997 c 338 § 29, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.192
Legal financial obligations—
Enforceability—Treatment of obligations upon age of
eighteen or conclusion of juvenile court jurisdiction—
Extension of judgment. If a juvenile is ordered to pay
legal financial obligations, including fines, penalty assessments, attorneys’ fees, court costs, and restitution, the money
judgment remains enforceable for a period of ten years.
When the juvenile reaches the age of eighteen years or at the
conclusion of juvenile court jurisdiction, whichever occurs
later, the superior court clerk must docket the remaining
balance of the juvenile’s legal financial obligations in the
same manner as other judgments for the payment of money.
The judgment remains valid and enforceable until ten years
from the date of its imposition. The clerk of the superior
court may seek extension of the judgment for legal financial
obligations, including crime victims’ assessments, in the
same manner as RCW 6.17.020 for purposes of collection as
allowed under RCW 36.18.190. [1997 c 121 § 7.]
13.40.193 Firearms—Length of confinement. (1) If
a respondent is found to have been in possession of a
firearm in violation of RCW 9.41.040(1)(b)(iii), the court
shall impose a minimum disposition of ten days of confinement. If the offender’s standard range of disposition for the
offense as indicated in RCW 13.40.0357 is more than thirty
days of confinement, the court shall commit the offender to
the department for the standard range disposition. The
offender shall not be released until the offender has served
a minimum of ten days in confinement.
(2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the
standard range disposition for the offense pursuant to RCW
13.40.160. If the offender or an accomplice was armed
with a firearm when the offender committed any felony other
than possession of a machine gun, possession of a stolen
firearm, drive-by shooting, theft of a firearm, unlawful
possession of a firearm in the first and second degree, or use
of a machine gun in a felony, the following periods of total
confinement must be added to the sentence: For a class A
felony, six months; for a class B felony, four months; and
[Title 13 RCW—page 77]
13.40.193
Title 13 RCW: Juvenile Courts and Juvenile Offenders
for a class C felony, two months. The additional time shall
be imposed regardless of the offense’s juvenile disposition
offense category as designated in RCW 13.40.0357.
(3) When a disposition under this section would
effectuate a manifest injustice, the court may impose another
disposition. When a judge finds a manifest injustice and
imposes a disposition of confinement exceeding thirty days,
the court shall commit the juvenile to a maximum term, and
the provisions of RCW 13.40.030(2) shall be used to
determine the range. When a judge finds a manifest
injustice and imposes a disposition of confinement less than
thirty days, the disposition shall be comprised of confinement or community supervision or both.
(4) Any term of confinement ordered pursuant to this
section shall run consecutively to any term of confinement
imposed in the same disposition for other offenses. [1997 c
338 § 30; 1994 sp.s. c 7 § 525.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
13.40.196 Firearms—Special allegation. A prosecutor may file a special allegation that the offender or an
accomplice was armed with a firearm when the offender
committed the alleged offense. If a special allegation has
been filed and the court finds that the offender committed
the alleged offense, the court shall also make a finding
whether the offender or an accomplice was armed with a
firearm when the offender committed the offense. [1994
sp.s. c 7 § 526.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.198 Penalty assessments—Jurisdiction of
court. If a respondent is ordered to pay a penalty assessment pursuant to a dispositional order entered under this
chapter, he or she shall remain under the court’s jurisdiction
for a maximum term of ten years after the respondent’s
eighteenth birthday. Prior to the expiration of the ten-year
period, the juvenile court may extend the judgment for the
payment of a penalty assessment for an additional ten years.
[2000 c 71 § 1.]
Effective date—2000 c 71: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 71 § 4.]
13.40.200 Violation of order of restitution, community supervision, fines, penalty assessments, or confinement—Modification of order after hearing—Scope—
Rights—Use of fines. (1) When a respondent fails to
comply with an order of restitution, community supervision,
penalty assessments, or confinement of less than thirty days,
the court upon motion of the prosecutor or its own motion,
may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due
process of law as would be afforded an adult probationer.
The court may issue a summons or a warrant to compel the
respondent’s appearance. The state shall have the burden of
[Title 13 RCW—page 78]
proving by a preponderance of the evidence the fact of the
violation. The respondent shall have the burden of showing
that the violation was not a willful refusal to comply with
the terms of the order. If a respondent has failed to pay a
fine, penalty assessments, or restitution or to perform
community restitution hours, as required by the court, it shall
be the respondent’s burden to show that he or she did not
have the means and could not reasonably have acquired the
means to pay the fine, penalty assessments, or restitution or
perform community restitution.
(3) If the court finds that a respondent has willfully
violated the terms of an order pursuant to subsections (1)
and (2) of this section, it may impose a penalty of up to
thirty days’ confinement. Penalties for multiple violations
occurring prior to the hearing shall not be aggregated to
exceed thirty days’ confinement. Regardless of the number
of times a respondent is brought to court for violations of the
terms of a single disposition order, the combined total
number of days spent by the respondent in detention shall
never exceed the maximum term to which an adult could be
sentenced for the underlying offense.
(4) If a respondent has been ordered to pay a fine or
monetary penalty and due to a change of circumstance
cannot reasonably comply with the order, the court, upon
motion of the respondent, may order that the unpaid fine or
monetary penalty be converted to community restitution.
The number of hours of community restitution in lieu of a
monetary penalty or fine shall be converted at the rate of the
prevailing state minimum wage per hour. The monetary
penalties or fines collected shall be deposited in the county
general fund. A failure to comply with an order under this
subsection shall be deemed a failure to comply with an order
of community supervision and may be proceeded against as
provided in this section.
(5) When a respondent has willfully violated the terms
of a probation bond, the court may modify, revoke, or retain
the probation bond as provided in RCW 13.40.054. [2002
c 175 § 25; 1997 c 338 § 31; 1995 c 395 § 8; 1986 c 288 §
5; 1983 c 191 § 15; 1979 c 155 § 70; 1977 ex.s. c 291 §
74.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—1986 c 288: See note following RCW 13.32A.050.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.205 Release from physical custody, when—
Authorized leaves—Leave plan and order—Notice. (1) A
juvenile sentenced to a term of confinement to be served
under the supervision of the department shall not be released
from the physical custody of the department prior to the
release date established under RCW 13.40.210 except as
otherwise provided in this section.
(2) A juvenile serving a term of confinement under the
supervision of the department may be released on authorized
leave from the physical custody of the department only if
consistent with public safety and if:
(2002 Ed.)
Juvenile Justice Act of 1977
(a) Sixty percent of the minimum term of confinement
has been served; and
(b) The purpose of the leave is to enable the juvenile:
(i) To visit the juvenile’s family for the purpose of
strengthening or preserving family relationships;
(ii) To make plans for parole or release which require
the juvenile’s personal appearance in the community and
which will facilitate the juvenile’s reintegration into the
community; or
(iii) To make plans for a residential placement out of
the juvenile’s home which requires the juvenile’s personal
appearance in the community.
(3) No authorized leave may exceed seven consecutive
days. The total of all pre-minimum term authorized leaves
granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.
(4) Prior to authorizing a leave, the secretary shall
require a written leave plan, which shall detail the purpose
of the leave and how it is to be achieved, the address at
which the juvenile shall reside, the identity of the person
responsible for supervising the juvenile during the leave, and
a statement by such person acknowledging familiarity with
the leave plan and agreeing to supervise the juvenile and to
notify the secretary immediately if the juvenile violates any
terms or conditions of the leave. The leave plan shall
include such terms and conditions as the secretary deems
appropriate and shall be signed by the juvenile.
(5) Upon authorizing a leave, the secretary shall issue to
the juvenile an authorized leave order which shall contain
the name of the juvenile, the fact that the juvenile is on
leave from a designated facility, the time period of the leave,
and the identity of an appropriate official of the department
to contact when necessary. The authorized leave order shall
be carried by the juvenile at all times while on leave.
(6) Prior to the commencement of any authorized leave,
the secretary shall give notice of the leave to the appropriate
law enforcement agency in the jurisdiction in which the
juvenile will reside during the leave period. The notice shall
include the identity of the juvenile, the time period of the
leave, the residence of the juvenile during the leave, and the
identity of the person responsible for supervising the juvenile
during the leave.
(7) The secretary may authorize a leave, which shall not
exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a
member of the juvenile’s family. The secretary may
authorize a leave, which shall not exceed the period of time
medically necessary, to obtain medical care not available in
a juvenile facility maintained by the department. In cases of
emergency or medical leave the secretary may waive all or
any portions of subsections (2)(a), (3), (4), (5), and (6) of
this section.
(8) If requested by the juvenile’s victim or the victim’s
immediate family, the secretary shall give notice of any
leave to the victim or the victim’s immediate family.
(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to
the department in the same manner as an adult in identical
circumstances.
(10) Notwithstanding the provisions of this section, a
juvenile placed in minimum security status may participate
in work, educational, community restitution, or treatment
(2002 Ed.)
13.40.205
programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed
a leave of absence.
(11) Subsections (6), (7), and (8) of this section do not
apply to juveniles covered by RCW 13.40.215. [2002 c 175
§ 26; 1990 c 3 § 103; 1983 c 191 § 10.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
13.40.210 Setting of release date—Administrative
release authorized, when—Parole program, revocation or
modification of, scope—Intensive supervision program—
Parole officer’s right of arrest. (1) The secretary shall set
a release date for each juvenile committed to its custody.
The release date shall be within the prescribed range to
which a juvenile has been committed under RCW
13.40.0357 or 13.40.030 except as provided in RCW
13.40.320 concerning offenders the department determines
are eligible for the juvenile offender basic training camp
program. Such dates shall be determined prior to the
expiration of sixty percent of a juvenile’s minimum term of
confinement included within the prescribed range to which
the juvenile has been committed. The secretary shall release
any juvenile committed to the custody of the department
within four calendar days prior to the juvenile’s release date
or on the release date set under this chapter. Days spent in
the custody of the department shall be tolled by any period
of time during which a juvenile has absented himself or
herself from the department’s supervision without the prior
approval of the secretary or the secretary’s designee.
(2) The secretary shall monitor the average daily
population of the state’s juvenile residential facilities. When
the secretary concludes that in-residence population of
residential facilities exceeds one hundred five percent of the
rated bed capacity specified in statute, or in absence of such
specification, as specified by the department in rule, the
secretary may recommend reductions to the governor. On
certification by the governor that the recommended reductions are necessary, the secretary has authority to
administratively release a sufficient number of offenders to
reduce in-residence population to one hundred percent of
rated bed capacity. The secretary shall release those
offenders who have served the greatest proportion of their
sentence. However, the secretary may deny release in a
particular case at the request of an offender, or if the
secretary finds that there is no responsible custodian, as
determined by the department, to whom to release the
offender, or if the release of the offender would pose a clear
danger to society. The department shall notify the committing court of the release at the time of release if any such
early releases have occurred as a result of excessive inresidence population. In no event shall an offender adjudicated of a violent offense be granted release under the
provisions of this subsection.
(3)(a) Following the release of any juvenile under
subsection (1) of this section, the secretary may require the
juvenile to comply with a program of parole to be administered by the department in his or her community which shall
last no longer than eighteen months, except that in the case
of a juvenile sentenced for rape in the first or second degree,
[Title 13 RCW—page 79]
13.40.210
Title 13 RCW: Juvenile Courts and Juvenile Offenders
rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible
compulsion, the period of parole shall be twenty-four months
and, in the discretion of the secretary, may be up to thirtysix months when the secretary finds that an additional period
of parole is necessary and appropriate in the interests of
public safety or to meet the ongoing needs of the juvenile.
A parole program is mandatory for offenders released under
subsection (2) of this section. The decision to place an
offender on parole shall be based on an assessment by the
department of the offender’s risk for reoffending upon
release. The department shall prioritize available parole
resources to provide supervision and services to offenders at
moderate to high risk for reoffending.
(b) The secretary shall, for the period of parole, facilitate the juvenile’s reintegration into his or her community
and to further this goal shall require the juvenile to refrain
from possessing a firearm or using a deadly weapon and
refrain from committing new offenses and may require the
juvenile to: (i) Undergo available medical, psychiatric, drug
and alcohol, sex offender, mental health, and other offenserelated treatment services; (ii) report as directed to a parole
officer and/or designee; (iii) pursue a course of study,
vocational training, or employment; (iv) notify the parole
officer of the current address where he or she resides; (v) be
present at a particular address during specified hours; (vi)
remain within prescribed geographical boundaries; (vii)
submit to electronic monitoring; (viii) refrain from using
illegal drugs and alcohol, and submit to random urinalysis
when requested by the assigned parole officer; (ix) refrain
from contact with specific individuals or a specified class of
individuals; (x) meet other conditions determined by the
parole officer to further enhance the juvenile’s reintegration
into the community; (xi) pay any court-ordered fines or
restitution; and (xii) perform community restitution. Community restitution for the purpose of this section means
compulsory service, without compensation, performed for the
benefit of the community by the offender. Community
restitution may be performed through public or private
organizations or through work crews.
(c) The secretary may further require up to twenty-five
percent of the highest risk juvenile offenders who are placed
on parole to participate in an intensive supervision program.
Offenders participating in an intensive supervision program
shall be required to comply with all terms and conditions
listed in (b) of this subsection and shall also be required to
comply with the following additional terms and conditions:
(i) Obey all laws and refrain from any conduct that threatens
public safety; (ii) report at least once a week to an assigned
community case manager; and (iii) meet all other requirements imposed by the community case manager related to
participating in the intensive supervision program. As a part
of the intensive supervision program, the secretary may
require day reporting.
(d) After termination of the parole period, the juvenile
shall be discharged from the department’s supervision.
(4)(a) The department may also modify parole for
violation thereof. If, after affording a juvenile all of the due
process rights to which he or she would be entitled if the
juvenile were an adult, the secretary finds that a juvenile has
violated a condition of his or her parole, the secretary shall
order one of the following which is reasonably likely to
[Title 13 RCW—page 80]
effectuate the purpose of the parole and to protect the public:
(i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased
reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in
(a)(v) and (vi) of this subsection, imposition of a period of
confinement not to exceed thirty days in a facility operated
by or pursuant to a contract with the state of Washington or
any city or county for a portion of each day or for a certain
number of days each week with the balance of the days or
weeks spent under supervision; (v) the secretary may order
any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense
for which the offender was sentenced is rape in the first or
second degree, rape of a child in the first or second degree,
child molestation in the first degree, indecent liberties with
forcible compulsion, or a sex offense that is also a serious
violent offense as defined by RCW 9.94A.030; and (vi) the
secretary may order any of the conditions or may return the
offender to confinement for the remainder of the sentence
range if the youth has completed the basic training camp
program as described in RCW 13.40.320.
(b) If the department finds that any juvenile in a
program of parole has possessed a firearm or used a deadly
weapon during the program of parole, the department shall
modify the parole under (a) of this subsection and confine
the juvenile for at least thirty days. Confinement shall be in
a facility operated by or pursuant to a contract with the state
or any county.
(5) A parole officer of the department of social and
health services shall have the power to arrest a juvenile
under his or her supervision on the same grounds as a law
enforcement officer would be authorized to arrest the person.
(6) If so requested and approved under chapter 13.06
RCW, the secretary shall permit a county or group of
counties to perform functions under subsections (3) through
(5) of this section. [2002 c 175 § 27. Prior: 2001 c 137 §
2; 2001 c 51 § 1; 1997 c 338 § 32; 1994 sp.s. c 7 § 527;
1990 c 3 § 304; 1987 c 505 § 4; 1985 c 287 § 1; 1985 c 257
§ 4; 1983 c 191 § 11; 1979 c 155 § 71; 1977 ex.s. c 291 §
75.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2001 c 51: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 17, 2001]." [2001 c 51 § 2.]
Findings—Intent—1997 c 338 §§ 32, 34: See note following RCW
13.40.212.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Intent—1985 c 257 § 4: "To promote both public safety and the
welfare of juvenile offenders, it is the intent of the legislature that services
to juvenile offenders be delivered in the most effective and efficient means
possible. Section 4 of this act facilitates those objectives by permitting
counties to supervise parole of juvenile offenders. This is consistent with
the philosophy of chapter 13.06 RCW to deliver community services to
juvenile offenders comprehensively at the county level." [1985 c 257 § 3.]
Severability—1985 c 257: See note following RCW 13.34.165.
(2002 Ed.)
Juvenile Justice Act of 1977
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.212 Intensive supervision program—
Elements—Report. (1) The department shall, no later than
January 1, 1999, implement an intensive supervision program
as a part of its parole services that includes, at a minimum,
the following program elements:
(a) A process of case management involving coordinated
and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and
monitoring. The components of the case management
system shall include assessment, classification, and selection
criteria; individual case planning that incorporates a family
and community perspective; a mixture of intensive surveillance and services; a balance of incentives and graduated
consequences coupled with the imposition of realistic,
enforceable conditions; and service brokerage with community resources and linkage with social networks;
(b) Administration of transition services that transcend
traditional agency boundaries and professional interests and
include courts, institutions, aftercare, education, social and
mental health services, substance abuse treatment, and
employment and vocational training; and
(c) A plan for information management and program
evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of
both the processes and outcomes of the program.
(2) The department shall report annually to the legislature, beginning December 1, 1999, on the department’s
progress in meeting the intensive supervision program
evaluation goals required under subsection (1)(c) of this
section. [1997 c 338 § 34.]
Findings—Intent—1997 c 338 §§ 32, 34: "The legislature finds the
present system of transitioning youths from residential status to parole status
to discharge is insufficient to provide adequate rehabilitation and public
safety in many instances, particularly in cases of offenders at highest risk
of reoffending. The legislature further finds that an intensive supervision
program based on the following principles holds much promise for
positively impacting recidivism rates for juvenile offenders: (1) Progressive
increase in responsibility and freedom in the community; (2) facilitation of
youths’ interaction and involvement with their communities; (3) involvement of both the youth and targeted community support systems such as
family, peers, schools, and employers, on the qualities needed for constructive interaction and successful adjustment with the community; (4)
development of new resources, supports, and opportunities where necessary;
and (5) ongoing monitoring and testing of youth on their ability to abide by
community rules and standards.
The legislature intends for the department to create an intensive
supervision program based on the principles stated in this section that will
be available to the highest risk juvenile offenders placed on parole." [1997
c 338 § 33.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.215 Juveniles found to have committed violent
or sex offense or stalking—Notification of discharge,
parole, leave, release, transfer, or escape—To whom
given—School attendance—Definitions. (1)(a) Except as
provided in subsection (2) of this section, at the earliest
possible date, and in no event later than thirty days before
(2002 Ed.)
13.40.210
discharge, parole, or any other authorized leave or release,
or before transfer to a community residential facility, the
secretary shall send written notice of the discharge, parole,
authorized leave or release, or transfer of a juvenile found to
have committed a violent offense, a sex offense, or stalking,
to the following:
(i) The chief of police of the city, if any, in which the
juvenile will reside;
(ii) The sheriff of the county in which the juvenile will
reside; and
(iii) The approved private schools and the common
school district board of directors of the district in which the
juvenile intends to reside or the approved private school or
public school district in which the juvenile last attended
school, whichever is appropriate, except when it has been
determined by the department that the juvenile is twenty-one
years old or will be in the community for less than seven
consecutive days on approved leave and will not be attending school during that time.
(b) After July 25, 1999, the department shall send a
written notice to approved private and public schools under
the same conditions identified in subsection (1)(a)(iii) of this
section when a juvenile adjudicated of any offense is
transferred to a community residential facility, discharged,
paroled, released, or granted a leave. The community
residential facility shall provide written notice of the
offender’s criminal history to any school that the offender
attends while residing at the community residential facility
and to any employer that employs the offender while
residing at the community residential facility.
(c) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific juvenile:
(i) The victim of the offense for which the juvenile was
found to have committed or the victim’s next of kin if the
crime was a homicide;
(ii) Any witnesses who testified against the juvenile in
any court proceedings involving the offense; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be
available to the juvenile. The notice to the chief of police or
the sheriff shall include the identity of the juvenile, the
residence where the juvenile will reside, the identity of the
person, if any, responsible for supervising the juvenile, and
the time period of any authorized leave.
(d) The thirty-day notice requirements contained in this
subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in this
subsection will not require any extension of the release date
in the event the release plan changes after notification.
(2)(a) If a juvenile found to have committed a violent
offense, a sex offense, or stalking escapes from a facility of
the department, the secretary shall immediately notify, by the
most reasonable and expedient means available, the chief of
police of the city and the sheriff of the county in which the
juvenile resided immediately before the juvenile’s arrest. If
previously requested, the secretary shall also notify the
witnesses and the victim of the offense which the juvenile
[Title 13 RCW—page 81]
13.40.215
Title 13 RCW: Juvenile Courts and Juvenile Offenders
was found to have committed or the victim’s next of kin if
the crime was a homicide. If the juvenile is recaptured, the
secretary shall send notice to the persons designated in this
subsection as soon as possible but in no event later than two
working days after the department learns of such recapture.
(b) The secretary may authorize a leave, for a juvenile
found to have committed a violent offense, a sex offense, or
stalking, which shall not exceed forty-eight hours plus travel
time, to meet an emergency situation such as a death or
critical illness of a member of the juvenile’s family. The
secretary may authorize a leave, which shall not exceed the
time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department.
Prior to the commencement of an emergency or medical
leave, the secretary shall give notice of the leave to the
appropriate law enforcement agency in the jurisdiction in
which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period
of the leave, the residence of the juvenile during the leave,
and the identity of the person responsible for supervising the
juvenile during the leave. If previously requested, the
department shall also notify the witnesses and victim of the
offense which the juvenile was found to have committed or
the victim’s next of kin if the offense was a homicide.
In case of an emergency or medical leave the secretary
may waive all or any portion of the requirements for leaves
pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
(3) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this
section shall be sent to the parents or legal guardian of the
child.
(4) The secretary shall send the notices required by this
chapter to the last address provided to the department by the
requesting party. The requesting party shall furnish the
department with a current address.
(5) Upon discharge, parole, transfer to a community
residential facility, or other authorized leave or release, a
convicted juvenile sex offender shall not attend a public or
approved private elementary, middle, or high school that is
attended by a victim or a sibling of a victim of the sex
offender. The parents or legal guardians of the convicted
juvenile sex offender shall be responsible for transportation
or other costs associated with or required by the sex
offender’s change in school that otherwise would be paid by
a school district. Upon discharge, parole, transfer to a
community residential facility, or other authorized leave or
release of a convicted juvenile sex offender, the secretary
shall send written notice of the discharge, parole, or other
authorized leave or release and the requirements of this
subsection to the common school district board of directors
of the district in which the sex offender intends to reside or
the district in which the sex offender last attended school,
whichever is appropriate. The secretary shall send a similar
notice to any approved private school the juvenile will
attend, if known, or if unknown, to the approved private
schools within the district the juvenile resides or intends to
reside.
(6) For purposes of this section the following terms
have the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
[Title 13 RCW—page 82]
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Stalking" means the crime of stalking as defined in
RCW 9A.46.110;
(d) "Next of kin" means a person’s spouse, parents,
siblings, and children. [1999 c 198 § 1; 1997 c 265 § 2;
1995 c 324 § 1. Prior: 1994 c 129 § 6; 1994 c 78 § 1;
1993 c 27 § 1; 1990 c 3 § 101.]
Severability—1997 c 265: See note following RCW 13.40.160.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
13.40.217 Juveniles adjudicated of sex offenses—
Release of information authorized. (1) In addition to any
other information required to be released under this chapter,
the department is authorized, pursuant to RCW 4.24.550, to
release relevant information that is necessary to protect the
public concerning juveniles adjudicated of sex offenses.
(2) In order for public agencies to have the information
necessary for notifying the public about sex offenders as
authorized in RCW 4.24.550, the secretary shall issue to
appropriate law enforcement agencies narrative notices
regarding the pending release of sex offenders from the
department’s juvenile rehabilitation facilities. The narrative
notices shall, at a minimum, describe the identity and
criminal history behavior of the offender and shall include
the department’s risk level classification for the offender.
For sex offenders classified as either risk level II or III, the
narrative notices shall also include the reasons underlying the
classification.
(3) For the purposes of this section, the department shall
classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community
at large. The department shall classify as risk level II those
offenders whose risk assessments indicate a moderate risk of
reoffense within the community at large. The department
shall classify as risk level III those offenders whose risk
assessments indicate a high risk of reoffense within the
community at large. [1997 c 364 § 2; 1990 c 3 § 102.]
Severability—1997 c 364: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
13.40.220 Costs of support, treatment, and confinement—Order—Contempt of court. (1) Whenever legal
custody of a child is vested in someone other than his or her
parents, under this chapter, and not vested in the department
of social and health services, after due notice to the parents
or other persons legally obligated to care for and support the
child, and after a hearing, the court may order and decree
that the parent or other legally obligated person shall pay in
such a manner as the court may direct a reasonable sum
representing in whole or in part the costs of support,
treatment, and confinement of the child after the decree is
entered.
(2) If the parent or other legally obligated person
willfully fails or refuses to pay such sum, the court may
proceed against such person for contempt.
(3) Whenever legal custody of a child is vested in the
department under this chapter, the parents or other persons
(2002 Ed.)
Juvenile Justice Act of 1977
legally obligated to care for and support the child shall be
liable for the costs of support, treatment, and confinement of
the child, in accordance with the department’s reimbursement of cost schedule. The department shall adopt a
reimbursement of cost schedule based on the costs of
providing such services, and shall determine an obligation
based on the responsible parents’ or other legally obligated
person’s ability to pay. The department is authorized to
adopt additional rules as appropriate to enforce this section.
(4) To enforce subsection (3) of this section, the
department shall serve on the parents or other person legally
obligated to care for and support the child a notice and
finding of financial responsibility requiring the parents or
other legally obligated person to appear and show cause in
an adjudicative proceeding why the finding of responsibility
and/or the amount thereof is incorrect and should not be
ordered. This notice and finding shall relate to the costs of
support, treatment, and confinement of the child in accordance with the department’s reimbursement of cost schedule
adopted under this section, including periodic payments to be
made in the future. The hearing shall be held pursuant to
chapter 34.05 RCW, the Administrative Procedure Act, and
the rules of the department.
(5) The notice and finding of financial responsibility
shall be served in the same manner prescribed for the service
of a summons in a civil action or may be served on the
parent or legally obligated person by certified mail, return
receipt requested. The receipt shall be prima facie evidence
of service.
(6) If the parents or other legally obligated person
objects to the notice and finding of financial responsibility,
then an application for an adjudicative hearing may be filed
within twenty days of the date of service of the notice. If an
application for an adjudicative proceeding is filed, the
presiding or reviewing officer shall determine the past
liability and responsibility, if any, of the parents or other
legally obligated person and shall also determine the amount
of periodic payments to be made in the future. If the parents
or other legally responsible person fails to file an application
within twenty days, the notice and finding of financial
responsibility shall become a final administrative order.
(7) Debts determined pursuant to this section are subject
to collection action without further necessity of action by a
presiding or reviewing officer. The department may collect
the debt in accordance with RCW 43.20B.635, 43.20B.640,
74.20A.060, and 74.20A.070. The department shall exempt
from payment parents receiving adoption support under
RCW 74.13.100 through 74.13.145, parents eligible to
receive adoption support under RCW 74.13.150, and a parent
or other legally obligated person when the parent or other
legally obligated person, or such person’s child, spouse, or
spouse’s child, was the victim of the offense for which the
child was committed.
(8) An administrative order entered pursuant to this
section shall supersede any court order entered prior to June
13, 1994.
(9) The department shall be subrogated to the right of
the child and his or her parents or other legally responsible
person to receive support payments for the benefit of the
child from any parent or legally obligated person pursuant to
a support order established by a superior court or pursuant
to RCW 74.20A.055. The department’s right of subrogation
(2002 Ed.)
13.40.220
under this section is limited to the liability established in
accordance with its cost schedule for support, treatment, and
confinement, except as addressed in subsection (10) of this
section.
(10) Nothing in this section precludes the department
from recouping such additional support payments from the
child’s parents or other legally obligated person as required
to qualify for receipt of federal funds. The department may
adopt such rules dealing with liability for recoupment of support, treatment, or confinement costs as may become
necessary to entitle the state to participate in federal funds
unless such rules would be expressly prohibited by law. If
any law dealing with liability for recoupment of support,
treatment, or confinement costs is ruled to be in conflict with
federal requirements which are a prescribed condition of the
allocation of federal funds, such conflicting law is declared
to be inoperative solely to the extent of the conflict. [1995
c 300 § 1; 1994 sp.s. c 7 § 529; 1993 c 466 § 1; 1977 ex.s.
c 291 § 76.]
Effective date—1995 c 300: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 9, 1995]." [1995 c 300 § 2.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.230 Appeal from order of disposition—
Jurisdiction—Procedure—Scope—Release pending
appeal. (1) Dispositions reviewed pursuant to RCW
13.40.160 shall be reviewed in the appropriate division of
the court of appeals.
An appeal under this section shall be heard solely upon
the record that was before the disposition court. No written
briefs may be required, and the appeal shall be heard within
thirty days following the date of sentencing and a decision
rendered within fifteen days following the argument. The
supreme court shall promulgate any necessary rules to
effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range,
the court of appeals must find (a) that the reasons supplied
by the disposition judge are supported by the record which
was before the judge and that those reasons clearly and
convincingly support the conclusion that a disposition within
the range would constitute a manifest injustice, and (b) that
the sentence imposed was neither clearly excessive nor
clearly too lenient.
(3) If the court does not find subsection (2)(a) of this
section it shall remand the case for disposition within the
standard range.
(4) If the court finds subsection (2)(a) but not subsection
(2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions
of this chapter.
(5) The disposition court may impose conditions on
release pending appeal as provided in RCW *13.40.040(4)
and 13.40.050(6).
(6) Appeal of a disposition under this section does not
affect the finality or appeal of the underlying adjudication of
guilt. [1997 c 338 § 35; 1981 c 299 § 16; 1979 c 155 § 72;
1977 ex.s. c 291 § 77.]
[Title 13 RCW—page 83]
13.40.230
Title 13 RCW: Juvenile Courts and Juvenile Offenders
*Reviser’s note: RCW 13.40.040 was amended by 2002 c 171 § 2,
changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.240 Construction of RCW references to
juvenile delinquents or juvenile delinquency. All references to juvenile delinquents or juvenile delinquency in
other chapters of the Revised Code of Washington shall be
construed as meaning juvenile offenders or the commitment
of an offense by juveniles as defined by this chapter. [1977
ex.s. c 291 § 78.]
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
13.40.250 Traffic and civil infraction cases. A
traffic or civil infraction case involving a juvenile under the
age of sixteen may be diverted in accordance with the
provisions of this chapter or filed in juvenile court.
(1) If a notice of a traffic or civil infraction is filed in
juvenile court, the juvenile named in the notice shall be
afforded the same due process afforded to adult defendants
in traffic infraction cases.
(2) A monetary penalty imposed upon a juvenile under
the age of sixteen who is found to have committed a traffic
or civil infraction may not exceed one hundred dollars. At
the juvenile’s request, the court may order performance of a
number of hours of community restitution in lieu of a
monetary penalty, at the rate of the prevailing state minimum
wage per hour.
(3) A diversion agreement entered into by a juvenile
referred pursuant to this section shall be limited to thirty
hours of community restitution, or educational or informational sessions.
(4) Traffic or civil infractions referred to a youth court
pursuant to this section are subject to the conditions imposed
by RCW 13.40.630.
(5) If a case involving the commission of a traffic or
civil infraction or offense by a juvenile under the age of
sixteen has been referred to a diversion unit, an abstract of
the action taken by the diversion unit may be forwarded to
the department of licensing in the manner provided for in
RCW 46.20.270(2). [2002 c 237 § 19; 2002 c 175 § 28;
1997 c 338 § 36; 1980 c 128 § 16.]
Reviser’s note: This section was amended by 2002 c 175 § 28 and
by 2002 c 237 § 19, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
[Title 13 RCW—page 84]
13.40.265 Firearm, alcohol, and drug violations.
(1)(a) If a juvenile thirteen years of age or older is found by
juvenile court to have committed an offense while armed
with a firearm or an offense that is a violation of RCW
9.41.040(1)(b)(iii) or chapter 66.44, 69.41, 69.50, or 69.52
RCW, the court shall notify the department of licensing
within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the
court to have committed an offense that is a violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may
at any time the court deems appropriate notify the department of licensing that the juvenile’s driving privileges should
be reinstated.
(c) If the offense is the juvenile’s first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not
petition the court for reinstatement of the juvenile’s privilege
to drive revoked pursuant to RCW 46.20.265 until ninety
days after the date the juvenile turns sixteen or ninety days
after the judgment was entered, whichever is later. If the
offense is the juvenile’s second or subsequent violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may
not petition the court for reinstatement of the juvenile’s
privilege to drive revoked pursuant to RCW 46.20.265 until
the date the juvenile turns seventeen or one year after the
date judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement
with a diversion unit pursuant to RCW 13.40.080 concerning
an offense that is a violation of chapter 66.44, 69.41, 69.50,
or 69.52 RCW, the diversion unit shall notify the department
of licensing within twenty-four hours after the diversion
agreement is signed.
(b) If a diversion unit has notified the department
pursuant to (a) of this subsection, the diversion unit shall
notify the department of licensing when the juvenile has
completed the agreement. [1997 c 338 § 37; 1994 sp.s. c 7
§ 435; 1989 c 271 § 116; 1988 c 148 § 2.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—1988 c 148: "The legislature finds that many
persons under the age of eighteen unlawfully use intoxicating liquor and
controlled substances. The use of these substances by juveniles can cause
serious damage to their physical, mental, and emotional well-being, and in
some instances results in life-long disabilities.
The legislature also finds that juveniles who unlawfully use alcohol
and controlled substances frequently operate motor vehicles while under the
influence of and impaired by alcohol or drugs. Juveniles who use these
substances often have seriously impaired judgment and motor skills and
pose an unduly high risk of causing injury or death to themselves or other
persons on the public highways.
The legislature also finds that juveniles will be deterred from the
unlawful use of alcohol and controlled substances if their driving privileges
are suspended or revoked for using illegal drugs or alcohol." [1988 c 148
§ 1.]
Severability—1988 c 148: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 148 § 10.]
(2002 Ed.)
Juvenile Justice Act of 1977
13.40.280 Transfer of juvenile to department of
corrections facility—Grounds—Hearing—Term—
Retransfer to a facility for juveniles. (1) The secretary,
with the consent of the secretary of the department of
corrections, has the authority to transfer a juvenile presently
or hereafter committed to the department of social and health
services to the department of corrections for appropriate
institutional placement in accordance with this section.
(2) The secretary of the department of social and health
services may, with the consent of the secretary of the
department of corrections, transfer a juvenile offender to the
department of corrections if it is established at a hearing
before a review board that continued placement of the
juvenile offender in an institution for juvenile offenders
presents a continuing and serious threat to the safety of
others in the institution. The department of social and health
services shall establish rules for the conduct of the hearing,
including provision of counsel for the juvenile offender.
(3) Assaults made against any staff member at a
juvenile corrections institution that are reported to a local
law enforcement agency shall require a hearing held by the
department of social and health services review board within
ten judicial working days. The board shall determine
whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution.
(4) Upon conviction in a court of law for custodial
assault as defined in RCW 9A.36.100, the department of
social and health services review board shall conduct a
second hearing, within five judicial working days, to
recommend to the secretary of the department of social and
health services that the convicted juvenile be transferred to
an adult correctional facility if the review board has determined the juvenile offender represents a continuing and
serious threat to the safety of others in the institution.
The juvenile has the burden to show cause why the
transfer to an adult correctional facility should not occur.
(5) A juvenile offender transferred to an institution
operated by the department of corrections shall not remain
in such an institution beyond the maximum term of confinement imposed by the juvenile court.
(6) A juvenile offender who has been transferred to the
department of corrections under this section may, in the
discretion of the secretary of the department of social and
health services and with the consent of the secretary of the
department of corrections, be transferred from an institution
operated by the department of corrections to a facility for
juvenile offenders deemed appropriate by the secretary.
[1989 c 410 § 2; 1989 c 407 § 8; 1983 c 191 § 22.]
Reviser’s note: This section was amended by 1989 c 407 § 8 and by
1989 c 410 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—1989 c 410: "The legislature recognizes the ever-increasing
severity of offenses committed by juvenile offenders residing in this state’s
juvenile detention facilities and the increasing aggressive nature of detained
juveniles due to drugs and gang-related violence. The purpose of this act
is to provide necessary protection to state employees and juvenile residents
of these institutions from assaults committed against them by juvenile
detainees." [1989 c 410 § 1.]
13.40.285 Juvenile offender sentenced to terms in
juvenile and adult facilities—Transfer to department of
(2002 Ed.)
13.40.280
corrections—Term of confinement. A juvenile offender
ordered to serve a term of confinement with the department
of social and health services who is subsequently sentenced
to the department of corrections may, with the consent of the
department of corrections, be transferred by the secretary of
social and health services to the department of corrections to
serve the balance of the term of confinement ordered by the
juvenile court. The juvenile and adult sentences shall be
served consecutively. In no case shall the secretary credit
time served as a result of an adult conviction against the
term of confinement ordered by the juvenile court. [1983 c
191 § 23.]
13.40.300 Commitment of juvenile beyond age
twenty-one prohibited—Jurisdiction of juvenile court
after juvenile’s eighteenth birthday. (1) In no case may
a juvenile offender be committed by the juvenile court to the
department of social and health services for placement in a
juvenile correctional institution beyond the juvenile
offender’s twenty-first birthday. A juvenile may be under
the jurisdiction of the juvenile court or the authority of the
department of social and health services beyond the
juvenile’s eighteenth birthday only if prior to the juvenile’s
eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of
a juvenile offense and the court by written order setting forth
its reasons extends jurisdiction of juvenile court over the
juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact
finding or after a plea of guilty and an automatic extension
is necessary to allow for the imposition of disposition; or
(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement
of the court’s order of disposition. If an order of disposition
imposes commitment to the department, then jurisdiction is
automatically extended to include a period of up to twelve
months of parole, in no case extending beyond the offender’s
twenty-first birthday.
(2) If the juvenile court previously has extended
jurisdiction beyond the juvenile offender’s eighteenth
birthday and that period of extension has not expired, the
court may further extend jurisdiction by written order setting
forth its reasons.
(3) In no event may the juvenile court have authority to
extend jurisdiction over any juvenile offender beyond the
juvenile offender’s twenty-first birthday except for the
purpose of enforcing an order of restitution or penalty
assessment.
(4) Notwithstanding any extension of jurisdiction over
a person pursuant to this section, the juvenile court has no
jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older. [2000 c 71
§ 2; 1994 sp.s. c 7 § 530; 1986 c 288 § 6; 1983 c 191 § 17;
1981 c 299 § 17; 1979 c 155 § 73; 1975 1st ex.s. c 170 § 1.
Formerly RCW 13.04.260.]
Effective date—2000 c 71: See note following RCW 13.40.198.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—1986 c 288: See note following RCW 13.32A.050.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
[Title 13 RCW—page 85]
13.40.310
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.40.310 Transitional treatment program for gang
and drug-involved juvenile offenders. (1) The department
of social and health services may contract with a community-based nonprofit organization to establish a three-step
transitional treatment program for gang and drug-involved
juvenile offenders committed to the custody of the department under chapter 13.40 RCW. Any such program shall
provide six to twenty-four months of treatment. The
program shall emphasize the principles of self-determination,
unity, collective work and responsibility, cooperative
economics, and creativity. The program shall be culturally
relevant and appropriate and shall include:
(a) A culturally relevant and appropriate institutionbased program that provides comprehensive drug and alcohol
services, individual and family counseling, and a wilderness
experience of constructive group living, rigorous physical
exercise, and academic studies;
(b) A culturally relevant and appropriate communitybased structured group living program that focuses on
individual goals, positive community involvement, coordinated drug and alcohol treatment, coordinated individual and
family counseling, academic and vocational training, and
employment in apprenticeship, internship, and entrepreneurial
programs; and
(c) A culturally relevant and appropriate transitional
group living program that provides support services, academic services, and coordinated individual and family counseling.
(2) Participation in any such program shall be on a
voluntary basis.
(3) The department shall adopt rules as necessary to
implement any such program. [1991 c 326 § 4.]
Finding—1991 c 326: "The legislature finds that a destructive
lifestyle of drug and street gang activity is rapidly becoming prevalent
among some of the state’s youths. Gang and drug activity may be a
culturally influenced phenomenon which the legislature intends public and
private agencies to consider and address in prevention and treatment
programs. Gang and drug-involved youths are more likely to become
addicted to drugs or alcohol, live in poverty, experience high unemployment, be incarcerated, and die of violence than other youths." [1991 c 326
§ 3.]
Part headings not law—Severability—1991 c 326: See RCW
71.36.900 and 71.36.901.
13.40.320 Juvenile offender basic training camp
program. (Effective until July 1, 2005.) (1) The department of social and health services shall establish a medium
security juvenile offender basic training camp program. This
program for juvenile offenders serving a term of confinement
under the supervision of the department is exempt from the
licensing requirements of chapter 74.15 RCW.
(2) The department may contract under this chapter with
private companies, the national guard, or other federal, state,
or local agencies to operate the juvenile offender basic
training camp, notwithstanding the provisions of RCW
41.06.380.
(3) The juvenile offender basic training camp shall be
a structured and regimented model emphasizing the building
up of an offender’s self-esteem, confidence, and discipline.
The juvenile offender basic training camp program shall
provide participants with basic education, prevocational
training, work-based learning, work experience, work ethic
skills, conflict resolution counseling, substance abuse inter[Title 13 RCW—page 86]
vention, anger management counseling, and structured
intensive physical training. The juvenile offender basic
training camp program shall have a curriculum training and
work schedule that incorporates a balanced assignment of
these or other rehabilitation and training components for no
less than sixteen hours per day, six days a week.
The department shall develop standards for the safe and
effective operation of the juvenile offender basic training
camp program, for an offender’s successful program completion, and for the continued after-care supervision of offenders who have successfully completed the program.
(4) Offenders eligible for the juvenile offender basic
training camp option shall be those with a disposition of not
more than sixty-five weeks. Violent and sex offenders shall
not be eligible for the juvenile offender basic training camp
program.
(5) If the court determines that the offender is eligible
for the juvenile offender basic training camp option, the
court may recommend that the department place the offender
in the program. The department shall evaluate the offender
and may place the offender in the program. The evaluation
shall include, at a minimum, a risk assessment developed by
the department and designed to determine the offender’s
suitability for the program. No juvenile who is assessed as
a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically
affect his or her performance in the program shall be
admitted to or retained in the juvenile offender basic training
camp program.
(6) All juvenile offenders eligible for the juvenile
offender basic training camp sentencing option shall spend
one hundred twenty days of their disposition in a juvenile
offender basic training camp. This period may be extended
for up to forty days by the secretary if a juvenile offender
requires additional time to successfully complete the basic
training camp program. If the juvenile offender’s activities
while in the juvenile offender basic training camp are so
disruptive to the juvenile offender basic training camp
program, as determined by the secretary according to
standards developed by the department, as to result in the
removal of the juvenile offender from the juvenile offender
basic training camp program, or if the offender cannot
complete the juvenile offender basic training camp program
due to medical problems, the secretary shall require that the
offender be committed to a juvenile institution to serve the
entire remainder of his or her disposition, less the amount of
time already served in the juvenile offender basic training
camp program.
(7) All offenders who successfully graduate from the
juvenile offender basic training camp program shall spend
the remainder of their disposition on parole in a juvenile
rehabilitation administration intensive aftercare program in
the local community. Violation of the conditions of parole
is subject to sanctions specified in RCW 13.40.210(4). The
program shall provide for the needs of the offender based on
his or her progress in the aftercare program as indicated by
ongoing assessment of those needs and progress. The
intensive aftercare program shall monitor postprogram
juvenile offenders and assist them to successfully reintegrate
into the community. In addition, the program shall develop
a process for closely monitoring and assessing public safety
(2002 Ed.)
Juvenile Justice Act of 1977
risks. The intensive aftercare program shall be designed and
funded by the department of social and health services.
(8) The department shall also develop and maintain a
data base to measure recidivism rates specific to this
incarceration program. The data base shall maintain data on
all juvenile offenders who complete the juvenile offender
basic training camp program for a period of two years after
they have completed the program. The data base shall also
maintain data on the criminal activity, educational progress,
and employment activities of all juvenile offenders who
participated in the program. [2001 c 137 § 1; 1997 c 338 §
38; 1995 c 40 § 1; 1994 sp.s. c 7 § 532.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Juvenile basic training camps—1994 sp.s. c
7: "The legislature finds that the number of juvenile offenders and the
severity of their crimes is increasing rapidly state-wide. In addition, many
juvenile offenders continue to reoffend after they are released from the
juvenile justice system causing disproportionately high and expensive rates
of recidivism.
The legislature further finds that juvenile criminal behavior is often the
result of a lack of self-discipline, the lack of systematic work habits and
ethics, the inability to deal with authority figures, and an unstable or
unstructured living environment. The legislature further finds that the
department of social and health services currently operates an insufficient
number of confinement beds to meet the rapidly growing juvenile offender
population. Together these factors are combining to produce a serious
public safety hazard and the need to develop more effective and stringent
juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state
rehabilitation system have the opportunity and are given the responsibility
to become more effective participants in society by enhancing their personal
development, work ethics, and life skills. The legislature recognizes that
structured incarceration programs for juvenile offenders such as juvenile
offender basic training camps, can instill the self-discipline, accountability,
self-esteem, and work ethic skills that could discourage many offenders
from returning to the criminal justice system. Juvenile offender basic
training camp incarceration programs generally emphasize life skills
training, prevocational work skills training, anger management, dealing with
difficult at-home family problems and/or abuses, discipline, physical
training, structured and intensive work activities, and educational classes.
The legislature further recognizes that juvenile offenders can benefit from
a highly structured basic training camp environment and the public can also
benefit through increased public protection and reduced cost due to lowered
rates of recidivism." [1994 sp.s. c 7 § 531.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.320 Juvenile offender basic training camp
program. (Effective July 1, 2005.) (1) The department of
social and health services shall establish a medium security
juvenile offender basic training camp program. This program for juvenile offenders serving a term of confinement
under the supervision of the department is exempt from the
licensing requirements of chapter 74.15 RCW.
(2) The department may contract under this chapter with
private companies, the national guard, or other federal, state,
or local agencies to operate the juvenile offender basic
training camp.
(3) The juvenile offender basic training camp shall be
a structured and regimented model emphasizing the building
up of an offender’s self-esteem, confidence, and discipline.
The juvenile offender basic training camp program shall
provide participants with basic education, prevocational
training, work-based learning, work experience, work ethic
(2002 Ed.)
13.40.320
skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured
intensive physical training. The juvenile offender basic
training camp program shall have a curriculum training and
work schedule that incorporates a balanced assignment of
these or other rehabilitation and training components for no
less than sixteen hours per day, six days a week.
The department shall develop standards for the safe and
effective operation of the juvenile offender basic training
camp program, for an offender’s successful program completion, and for the continued after-care supervision of offenders who have successfully completed the program.
(4) Offenders eligible for the juvenile offender basic
training camp option shall be those with a disposition of not
more than sixty-five weeks. Violent and sex offenders shall
not be eligible for the juvenile offender basic training camp
program.
(5) If the court determines that the offender is eligible
for the juvenile offender basic training camp option, the
court may recommend that the department place the offender
in the program. The department shall evaluate the offender
and may place the offender in the program. The evaluation
shall include, at a minimum, a risk assessment developed by
the department and designed to determine the offender’s
suitability for the program. No juvenile who is assessed as
a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically
affect his or her performance in the program shall be
admitted to or retained in the juvenile offender basic training
camp program.
(6) All juvenile offenders eligible for the juvenile
offender basic training camp sentencing option shall spend
one hundred twenty days of their disposition in a juvenile
offender basic training camp. This period may be extended
for up to forty days by the secretary if a juvenile offender
requires additional time to successfully complete the basic
training camp program. If the juvenile offender’s activities
while in the juvenile offender basic training camp are so
disruptive to the juvenile offender basic training camp
program, as determined by the secretary according to
standards developed by the department, as to result in the
removal of the juvenile offender from the juvenile offender
basic training camp program, or if the offender cannot
complete the juvenile offender basic training camp program
due to medical problems, the secretary shall require that the
offender be committed to a juvenile institution to serve the
entire remainder of his or her disposition, less the amount of
time already served in the juvenile offender basic training
camp program.
(7) All offenders who successfully graduate from the
juvenile offender basic training camp program shall spend
the remainder of their disposition on parole in a juvenile
rehabilitation administration intensive aftercare program in
the local community. Violation of the conditions of parole
is subject to sanctions specified in RCW 13.40.210(4). The
program shall provide for the needs of the offender based on
his or her progress in the aftercare program as indicated by
ongoing assessment of those needs and progress. The
intensive aftercare program shall monitor postprogram
juvenile offenders and assist them to successfully reintegrate
into the community. In addition, the program shall develop
a process for closely monitoring and assessing public safety
[Title 13 RCW—page 87]
13.40.320
Title 13 RCW: Juvenile Courts and Juvenile Offenders
risks. The intensive aftercare program shall be designed and
funded by the department of social and health services.
(8) The department shall also develop and maintain a
data base to measure recidivism rates specific to this
incarceration program. The data base shall maintain data on
all juvenile offenders who complete the juvenile offender
basic training camp program for a period of two years after
they have completed the program. The data base shall also
maintain data on the criminal activity, educational progress,
and employment activities of all juvenile offenders who
participated in the program. [2002 c 354 § 234; 2001 c 137
§ 1; 1997 c 338 § 38; 1995 c 40 § 1; 1994 sp.s. c 7 § 532.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings and intent—Juvenile basic training camps—1994 sp.s. c
7: "The legislature finds that the number of juvenile offenders and the
severity of their crimes is increasing rapidly statewide. In addition, many
juvenile offenders continue to reoffend after they are released from the
juvenile justice system causing disproportionately high and expensive rates
of recidivism.
The legislature further finds that juvenile criminal behavior is often the
result of a lack of self-discipline, the lack of systematic work habits and
ethics, the inability to deal with authority figures, and an unstable or
unstructured living environment. The legislature further finds that the
department of social and health services currently operates an insufficient
number of confinement beds to meet the rapidly growing juvenile offender
population. Together these factors are combining to produce a serious
public safety hazard and the need to develop more effective and stringent
juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state
rehabilitation system have the opportunity and are given the responsibility
to become more effective participants in society by enhancing their personal
development, work ethics, and life skills. The legislature recognizes that
structured incarceration programs for juvenile offenders such as juvenile
offender basic training camps, can instill the self-discipline, accountability,
self-esteem, and work ethic skills that could discourage many offenders
from returning to the criminal justice system. Juvenile offender basic
training camp incarceration programs generally emphasize life skills
training, prevocational work skills training, anger management, dealing with
difficult at-home family problems and/or abuses, discipline, physical
training, structured and intensive work activities, and educational classes.
The legislature further recognizes that juvenile offenders can benefit from
a highly structured basic training camp environment and the public can also
benefit through increased public protection and reduced cost due to lowered
rates of recidivism." [1994 sp.s. c 7 § 531.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.400 Applicability of RCW 10.01.040 to
chapter. The provisions of RCW 10.01.040 apply to
chapter 13.40 RCW. [1979 c 155 § 74.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.40.430 Disparity in disposition of juvenile
offenders—Data collection—Annual report. The department shall within existing funds collect such data as may be
necessary to monitor any disparity in processing or disposing
of cases involving juvenile offenders due to economic,
gender, geographic, or racial factors that may result from
implementation of section 1, chapter 373, Laws of 1993.
Beginning December 1, 1993, the department shall report
annually to the legislature on economic, gender, geographic,
[Title 13 RCW—page 88]
or racial disproportionality in the rates of arrest, detention,
trial, treatment, and disposition in the state’s juvenile justice
system. The report shall cover the preceding calendar year.
The annual report shall identify the causes of such
disproportionality and shall specifically point out any
economic, gender, geographic, or racial disproportionality
resulting from implementation of section 1, chapter 373,
Laws of 1993. [1993 c 373 § 2.]
Severability—1993 c 373: See note following RCW 13.40.020.
13.40.440 Chapter 9.92 RCW not to affect dispositions under juvenile justice act. See RCW 9.92.200.
13.40.450 Chapters 13.04 and 13.40 RCW as
exclusive authority for adjudication and disposition of
juvenile offenders. See RCW 13.04.450.
13.40.460 Juvenile rehabilitation programs—
Administration. The secretary, assistant secretary, or the
secretary’s designee shall manage and administer the
department’s juvenile rehabilitation responsibilities, including
but not limited to the operation of all state institutions or
facilities used for juvenile rehabilitation.
The secretary or assistant secretary shall:
(1) Prepare a biennial budget request sufficient to meet
the confinement and rehabilitative needs of the juvenile
rehabilitation program, as forecast by the office of financial
management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety;
(c) Rehabilitative resources both within and outside the
department;
(d) An assessment of each offender’s risk of sexually
aggressive behavior as provided in RCW 13.40.470; and
(e) An assessment of each offender’s vulnerability to
sexually aggressive behavior as provided in RCW 13.40.470;
(3) Develop agreements with local jurisdictions to
develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary
policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation
process to be used at intake, including but not limited to
evaluation for substance addiction or abuse, literacy, learning
disabilities, fetal alcohol syndrome or effect, attention deficit
disorder, and mental health;
(6) Develop placement criteria:
(a) To avoid assigning youth who present a moderate or
high risk of sexually aggressive behavior to the same
sleeping quarters as youth assessed as vulnerable to sexual
victimization under RCW 13.40.470(1)(c); and
(b) To avoid placing a juvenile offender on parole status
who has been assessed as a moderate to high risk for
sexually aggressive behavior in a department community
residential program with another child who is: (i) Dependent
under chapter 13.34 RCW, or an at-risk youth or child in
need of services under chapter 13.32A RCW; and (ii) not
also a juvenile offender on parole status; and
(7) Develop a plan to implement, by July 1, 1995:
(2002 Ed.)
Juvenile Justice Act of 1977
(a) Substance abuse treatment programs for all state
juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all
state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and
responsibility in juvenile offenders. This educational
program shall emphasize instruction in character-building
principles such as: Respect for self, others, and authority;
victim awareness; accountability; work ethics; good citizenship; and life skills. [1999 c 372 § 2; 1997 c 386 § 54;
1994 sp.s. c 7 § 516.]
Implementation deadline—1997 c 386 § 54: "The policy developed
under RCW 13.40.460(6)(b) shall be implemented within the juvenile
rehabilitation administration and the division of children and family services
by July 1, 1998." [1997 c 386 § 55.]
Finding—Intent—1997 c 386 §§ 50-55: See note following RCW
13.40.470.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.470 Vulnerable youth committed to residential facilities—Protection from sexually aggressive
youth—Assessment process. (1) The department shall
implement a policy for protecting youth committed to stateoperated or state-funded residential facilities under this
chapter who are vulnerable to sexual victimization by other
youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following
elements:
(a) Development and use of an assessment process for
identifying youth, within thirty days of commitment to the
department, who present a moderate or high risk of sexually
aggressive behavior for the purposes of this section. The
assessment process need not require that every youth who is
adjudicated or convicted of a sex offense as defined in RCW
9.94A.030 be determined to be sexually aggressive, nor shall
a sex offense adjudication or conviction be required in order
to determine a youth is sexually aggressive. Instead, the
assessment process shall consider the individual circumstances of the youth, including his or her age, physical size,
sexual abuse history, mental and emotional condition, and
other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does
not apply to this section to the extent that it conflicts with
this section;
(b) Development and use of an assessment process for
identifying youth, within thirty days of commitment to the
department, who may be vulnerable to victimization by
youth identified under (a) of this subsection as presenting a
moderate or high risk of sexually aggressive behavior. The
assessment process shall consider the individual circumstances of the youth, including his or her age, physical size,
sexual abuse history, mental and emotional condition, and
other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid
assigning youth who present a moderate or high risk of
sexually aggressive behavior to the same sleeping quarters as
youth assessed as vulnerable to sexual victimization, except
that they may be assigned to the same multiple-person
sleeping quarters if those sleeping quarters are regularly
monitored by visual surveillance equipment or staff checks;
(2002 Ed.)
13.40.460
(d) Development and use of procedures for minimizing,
within available funds, unsupervised contact in state-operated
or state-funded residential facilities between youth presenting
moderate to high risk of sexually aggressive behavior and
youth assessed as vulnerable to sexual victimization. The
procedures shall include taking reasonable steps to prohibit
any youth committed under this chapter who present a
moderate to high risk of sexually aggressive behavior from
entering any sleeping quarters other than the one to which
they are assigned, unless accompanied by an authorized
adult.
(2) For the purposes of this section, the following terms
have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other
rooms within a residential facility where youth are assigned
to sleep.
(b) "Unsupervised contact" means contact occurring
outside the sight or hearing of a responsible adult for more
than a reasonable period of time under the circumstances.
[1997 c 386 § 50.]
Finding—Intent—1997 c 386 §§ 50-55: "The legislature finds that
the placement of children and youth in state-operated or state-funded
residential facilities must be done in such a manner as to protect children
who are vulnerable to sexual victimization from youth who are sexually
aggressive. To achieve this purpose, the legislature intends the department
of social and health services to develop a policy for assessing sexual
aggressiveness and vulnerability to sexual victimization of children and
youth who are placed in state-operated or state-funded residential facilities."
[1997 c 386 § 49.]
13.40.480 Student records and information—
Reasons for release—Who may request. (1) Pursuant to
RCW 28A.600.475, and to the extent permitted by the family
educational and privacy rights act of 1974, 20 U.S.C. Sec.
1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall
make all student records and information necessary for risk
assessment, security classification, and placement available
to court personnel and the department within three working
days of a request under this section.
(2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county
prosecuting attorney, or probation department if available, to
the school not more than ten days following the juvenile’s
arrest or detention, whichever occurs later, and prior to trial.
The request may be made by subpoena.
(b) Where a juvenile has no prior conviction, a request
to release records shall be made by subpoena upon the
juvenile’s conviction. When the request for a juvenile’s
student records and information is made by subpoena
following conviction, the court or other issuing agency shall
order the school on which the subpoena is served not to
disclose to any person the existence or contents of the
subpoena or any information furnished in response to the
subpoena. When the court or issuing agency so orders, the
school shall not provide notice to the juvenile or his or her
parents. [1998 c 269 § 12.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
13.40.500 Community juvenile accountability
programs—Findings—Purpose. The legislature finds that
meaningful community involvement is vital to the juvenile
[Title 13 RCW—page 89]
13.40.500
Title 13 RCW: Juvenile Courts and Juvenile Offenders
justice system’s ability to respond to the serious problem of
juvenile crime. Citizens and crime victims need to be active
partners in responding to crime, in the management of
resources, and in the disposition decisions regarding juvenile
offenders in their community. Involvement of citizens and
crime victims increase offender accountability and build
healthier communities, which will reduce recidivism and
crime rates in Washington state.
The legislature also finds that local governments are in
the best position to develop, coordinate, and manage local
community prevention, intervention, and corrections programs for juvenile offenders, and to determine local resource
priorities. Local community management will build upon
local values and increase local control of resources, encourage the use of a comprehensive range of community-based
intervention strategies.
The primary purpose of RCW 13.40.500 through
13.40.540, the community juvenile accountability act, is to
provide a continuum of community-based programs that emphasize the juvenile offender’s accountability for his or her
actions while assisting him or her in the development of
skills necessary to function effectively and positively in the
community in a manner consistent with public safety. [1997
c 338 § 60.]
Evaluation—Report—1997 c 338 §§ 60-64: "The Washington state
institute for public policy shall evaluate the costs and benefits of the
programs funded in sections 60 through 64 of this act. The evaluation must
measure whether the programs cost-effectively reduce recidivism and crime
rates in Washington state. The institute shall submit reports to the governor
and the legislature by December 1, 1998, and December 1, 2000." [1997
c 338 § 65.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.510 Community juvenile accountability
programs—Establishment—Proposals—Guidelines. (1)
In order to receive funds under RCW 13.40.500 through
13.40.540, local governments may, through their respective
agencies that administer funding for consolidated juvenile
services, submit proposals that establish community juvenile
accountability programs within their communities. These
proposals must be submitted to the juvenile rehabilitation
administration of the department of social and health services
for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with
the input of the community public health and safety networks established under RCW 70.190.060, and the local law
and justice councils established under RCW 72.09.300;
(b) Describe how local community groups or members
are involved in the implementation of the programs funded
under RCW 13.40.500 through 13.40.540;
(c) Include a description of how the grant funds will
contribute to the expected outcomes of the program and the
reduction of youth violence and juvenile crime in their
community. Data approaches are not required to be replicated if the networks have information that addresses risks in
the community for juvenile offenders.
(3) A local government receiving a grant under this
section shall agree that any funds received must be used
efficiently to encourage the use of community-based pro[Title 13 RCW—page 90]
grams that reduce the reliance on secure confinement as the
sole means of holding juvenile offenders accountable for
their crimes. The local government shall also agree to
account for the expenditure of all funds received under the
grant and to submit to audits for compliance with the grant
criteria developed under RCW 13.40.520.
(4) The juvenile rehabilitation administration, in consultation with the Washington association of juvenile court
administrators, the state law and justice advisory council, and
the family policy council, shall establish guidelines for
programs that may be funded under RCW 13.40.500 through
13.40.540. The guidelines must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services,
programs, and intervention strategies most likely to change
behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the
community. Programs should use natural surveillance and
community guardians such as employers, relatives, teachers,
clergy, and community mentors to the greatest extent
possible;
(d) Promote good work ethic values and educational
skills and competencies necessary for the juvenile offender
to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services
aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender
into the community upon release from confinement;
(g) Maximize the juvenile offender’s opportunities to
make full restitution to the victims and amends to the
community;
(h) Support and encourage increased court discretion in
imposing community-based intervention strategies;
(i) Be compatible with research that shows which
prevention and early intervention strategies work with
juvenile offenders;
(j) Be outcome-based in that it describes what outcomes
will be achieved or what outcomes have already been
achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council, with the
assistance of the family policy council and the governor’s
juvenile justice advisory committee, may provide support and
technical assistance to local governments for training and
education regarding community-based prevention and
intervention strategies. [1997 c 338 § 61.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Evaluation—Report—1997 c 338 §§ 60-64: See note following
RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.520 Community juvenile accountability
programs—Grants. (1) The state may make grants to local
governments for the provision of community-based programs
for juvenile offenders. The grants must be made under a
grant formula developed by the juvenile rehabilitation
administration, in consultation with the Washington association of juvenile court administrators.
(2002 Ed.)
Juvenile Justice Act of 1977
(2) Upon certification by the juvenile rehabilitation
administration that a proposal satisfies the application and
selection criteria, grant funds will be distributed to the local
government agency that administers funding for consolidated
juvenile services. [1997 c 338 § 62.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Evaluation—Report—1997 c 338 §§ 60-64: See note following
RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.530 Community juvenile accountability
programs—Effectiveness standards. The legislature
recognizes the importance of evaluation and outcome
measurements of programs serving juvenile offenders in
order to ensure cost-effective use of public funds.
The Washington state institute for public policy shall
develop standards for measuring the effectiveness of juvenile
accountability programs established and approved under
RCW 13.40.510. The standards must be developed and
presented to the governor and legislature not later than
January 1, 1998. The standards must include methods for
measuring success factors following intervention. Success
factors include, but are not limited to, continued use of
alcohol or controlled substances, arrests, violations of terms
of community supervision, convictions for subsequent
offenses, and restitution to victims. [1997 c 338 § 63.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Evaluation—Report—1997 c 338 §§ 60-64: See note following
RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.540 Community juvenile accountability
programs—Information collection—Report. (1) Each
community juvenile accountability program approved and
funded under RCW 13.40.500 through 13.40.540 shall
comply with the information collection requirements in
subsection (2) of this section and the reporting requirements
in subsection (3) of this section.
(2) The information collected by each community
juvenile accountability program must include, at a minimum
for each juvenile participant: (a) The name, date of birth,
gender, social security number, and, when available, the
juvenile information system (JUVIS) control number; (b) an
initial intake assessment of each juvenile participating in the
program; (c) a list of all juveniles who completed the
program; and (d) an assessment upon completion or termination of each juvenile, including outcomes and, where
applicable, reasons for termination.
(3) The juvenile rehabilitation administration shall
annually compile the data and report to the legislature on:
(a) The programs funded under RCW 13.40.500 through
13.40.540; (b) the total cost for each funded program and
cost per juvenile; and (c) the essential elements of the
program. [1997 c 338 § 64.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Evaluation—Report—1997 c 338 §§ 60-64: See note following
RCW 13.40.500.
(2002 Ed.)
13.40.520
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.550 Community juvenile accountability
programs—Short title. RCW 13.40.500 through 13.40.540
may be known as the community juvenile accountability act.
[1997 c 338 § 66.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
13.40.560 Juvenile accountability incentive account.
The juvenile accountability incentive account is created in
the custody of the state treasurer. Federal awards for
juvenile accountability incentives received by the secretary
of the department of social and health services shall be
deposited into the account. Interest earned from the inception of the trust account shall be deposited in the account.
Expenditures from the account may be used only for the
purposes specified in the federal award or awards. Moneys
in the account may be spent only after appropriation. [1999
c 182 § 1.]
13.40.570 Sexual misconduct by state employees,
contractors. (1) When the secretary has reasonable cause
to believe that sexual intercourse or sexual contact between
an employee and an offender has occurred, notwithstanding
any rule adopted under chapter 41.06 RCW the secretary
shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings
to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime
specified in chapter 9A.44 RCW when the victim was an
offender.
(3) When the secretary has reasonable cause to believe
that sexual intercourse or sexual contact between the
employee of a contractor and an offender has occurred, the
secretary shall require the employee of a contractor to be
immediately removed from any employment position which
would permit the employee to have any access to any
offender.
(4) The secretary shall disqualify for employment with
a contractor in any position with access to an offender, any
person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime
specified in chapter 9A.44 RCW when the victim was an
offender.
(5) The secretary, when considering the renewal of a
contract with a contractor who has taken action under
subsection (3) or (4) of this section, shall require the
contractor to demonstrate that there has been significant
progress made in reducing the likelihood that any of its
employees will have sexual intercourse or sexual contact
with an offender. The secretary shall examine whether the
contractor has taken steps to improve hiring, training, and
[Title 13 RCW—page 91]
13.40.570
Title 13 RCW: Juvenile Courts and Juvenile Offenders
monitoring practices and whether the employee remains with
the contractor. The secretary shall not renew a contract
unless he or she determines that significant progress has
been made.
(6)(a) For the purposes of RCW 50.20.060, a person
terminated under this section shall be considered discharged
for misconduct.
(b)(i) The department may, within its discretion or upon
request of any member of the public, release information to
an individual or to the public regarding any person or
contract terminated under this section.
(ii) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for damages for any discretionary
release of relevant and necessary information, unless it is
shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity provided under
this section applies to the release of relevant and necessary
information to other public officials, public employees, or
public agencies, and to the public.
(iii) Except as provided in chapter 42.17 RCW, or
elsewhere, nothing in this section shall impose any liability
upon a public official, public employee, or public agency for
failing to release information authorized under this section.
Nothing in this section implies that information regarding
persons designated in subsection (2) of this section is
confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this
section. The rules shall reflect the legislative intent that this
section prohibits individuals who are employed by the
department or a contractor of the department from having
sexual intercourse or sexual contact with offenders. The
rules shall also reflect the legislative intent that when a
person is employed by the department or a contractor of the
department, and has sexual intercourse or sexual contact with
an offender against the employed person’s will, the termination provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or
supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the
meanings provided in RCW 9A.44.010. [1999 c 72 § 1.]
Application—1999 c 72: "Nothing in section 1 or 2 of this act
affects any collective bargaining agreement in place on July 25, 1999."
[1999 c 72 § 3.]
13.40.580 Youth courts—Diversion. Youth courts
provide a diversion for cases involving juvenile offenders, in
which participants, under the supervision of an adult coordinator, may serve in various capacities within the program,
acting in the role of jurors, lawyers, bailiffs, clerks, and
judges. Youths who appear before youth courts are youths
eligible for diversion pursuant to RCW 13.40.070 (6) and
(7). Youth courts have no jurisdiction except as provided
for in chapter 237, Laws of 2002. Youth courts are diversion units and not courts established under Article IV of the
state Constitution. [2002 c 237 § 9.]
to work with cities and counties to implement, expand, or
use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program
operations of youth court programs may be funded by
government and private grants. Youth court programs are
limited to those that:
(a) Are developed using the guidelines for creating and
operating youth court programs developed by nationally
recognized experts in youth court projects;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem
behavior;
(ii) Youth must be educated about the impact their
actions have on themselves and others including their
victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with
their peers more effectively; and
(iv) Youth should be provided a meaningful forum to
practice and enhance newly developed skills.
(2) Youth court programs under this section may be
established by private nonprofit organizations and schools,
upon prior approval and under the supervision of juvenile
court. [2002 c 237 § 10.]
*Reviser’s note: The "administrative office of the courts" does not
exist. The "office of the administrator for the courts" was apparently
intended.
13.40.600 Youth court jurisdiction. (1) Youth courts
have authority over juveniles ages eight through seventeen
who:
(a) Along with their parent, guardian, or legal custodian,
voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are
referred for;
(c) Along with their parent, guardian, or legal custodian,
waive any privilege against self-incrimination concerning the
offense; and
(d) Along with their parent, guardian, or legal custodian,
agree to comply with the youth court disposition of the case.
(2) Youth courts shall not exercise authority over youth
who are under the continuing jurisdiction of the juvenile
court for law violations, including a youth with a matter
pending before the juvenile court but which has not yet been
adjudicated.
(3) Youth courts may decline to accept a youth for
youth court disposition for any reason and may terminate a
youth from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal
custodian may withdraw from the youth court process at any
time.
(5) Youth courts shall give any victims of a juvenile the
opportunity to be notified, present, and heard in any youth
court proceeding. [2002 c 237 § 11.]
13.40.610 Youth court notification of satisfaction of
conditions. Youth court may not notify the juvenile court
of satisfaction of conditions until all ordered restitution has
been paid. [2002 c 237 § 12.]
13.40.590 Youth court programs. (1) The *administrative office of the courts shall encourage the juvenile courts
[Title 13 RCW—page 92]
(2002 Ed.)
Juvenile Justice Act of 1977
13.40.620 Appearance before youth court with
parent, guardian, or legal custodian. Every youth appearing before a youth court shall be accompanied by his or her
parent, guardian, or legal custodian. [2002 c 237 § 13.]
13.40.630 Youth court dispositions. (1) Youth court
dispositional options include those delineated in RCW
13.40.080, and may also include:
(a) Participating in law-related education classes,
appropriate counseling, treatment, or other education [educational] programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court
proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement
or detention. Youth courts may require that the youth pay
reasonable fees to participate in youth court and in classes,
counseling, treatment, or other educational programs that are
the disposition of the youth court.
(3) A youth court disposition shall be completed within
one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth
and his or her parent, guardian, or legal custodian accepting
the disposition terms.
(5) [A] youth court shall notify the juvenile court upon
successful or unsuccessful completion of the disposition.
(6) [A] youth court shall notify the prosecutor or
probation counselor of a failure to successfully complete the
youth court disposition. [2002 c 237 § 14.]
13.40.640 Youth court nonrefundable fee. A youth
court may require that a youth pay a nonrefundable fee, not
exceeding thirty dollars, to cover the costs of administering
the program. The fee may be reduced or waived for a
participant. Fees shall be paid to and accounted for by the
youth court. [2002 c 237 § 15.]
Chapter 13.50
KEEPING AND RELEASE OF RECORDS BY
JUVENILE JUSTICE OR CARE AGENCIES
Sections
13.50.010
13.50.050
13.50.100
13.50.140
13.50.150
13.50.160
13.50.200
13.50.250
(2002 Ed.)
Definitions—Conditions when filing petition or information—Duties to maintain accurate records and access.
Records relating to commission of juvenile offenses—
Maintenance of, access to, and destruction—Release of
information to schools.
Records not relating to commission of juvenile offenses—
Maintenance and access—Disclosure of unfounded
allegations prohibited.
Disclosure of privileged information to office of family and
children’s ombudsman—Privilege not waived as to
others.
Confidential records—Expungement to protect due process
rights.
Disposition records—Provision to schools.
Records of motor vehicle operation violation forwarded.
Records chapter applicable to.
13.40.620
Office of family and children’s ombudsman: Chapter 43.06A RCW.
13.50.010 Definitions—Conditions when filing
petition or information—Duties to maintain accurate
records and access. (1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the
following: Police, diversion units, court, prosecuting
attorney, defense attorney, detention center, attorney general,
the legislative children’s oversight committee, the office of
family and children’s ombudsman, the department of social
and health services and its contracting agencies, schools;
persons or public or private agencies having children
committed to their custody; and any placement oversight
committee created under RCW 72.05.415;
(b) "Official juvenile court file" means the legal file of
the juvenile court containing the petition or information,
motions, memorandums, briefs, findings of the court, and
court orders;
(c) "Records" means the official juvenile court file, the
social file, and records of any other juvenile justice or care
agency in the case;
(d) "Social file" means the juvenile court file containing
the records and reports of the probation counselor.
(2) Each petition or information filed with the court may
include only one juvenile and each petition or information
shall be filed under a separate docket number. The social
file shall be filed separately from the official juvenile court
file.
(3) It is the duty of any juvenile justice or care agency
to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate
information. Any information in records maintained by the
department of social and health services relating to a petition
filed pursuant to chapter 13.34 RCW that is found by the
court to be false or inaccurate shall be corrected or expunged
from such records by the agency;
(b) An agency shall take reasonable steps to assure the
security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure
the completeness of its records, including action taken by
other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement
procedures consistent with the provisions of this chapter to
facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe
information concerning that person is included in the records
of a juvenile justice or care agency and who has been denied
access to those records by the agency may make a motion to
the court for an order authorizing that person to inspect the
juvenile justice or care agency record concerning that person.
The court shall grant the motion to examine records unless
it finds that in the interests of justice or in the best interests
of the juvenile the records or parts of them should remain
confidential.
(6) A juvenile, or his or her parents, or any person who
has reasonable cause to believe information concerning that
person is included in the records of a juvenile justice or care
agency may make a motion to the court challenging the
accuracy of any information concerning the moving party in
the record or challenging the continued possession of the
record by the agency. If the court grants the motion, it shall
order the record or information to be corrected or destroyed.
[Title 13 RCW—page 93]
13.50.010
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(7) The person making a motion under subsection (5) or
(6) of this section shall give reasonable notice of the motion
to all parties to the original action and to any agency whose
records will be affected by the motion.
(8) The court may permit inspection of records by, or
release of information to, any clinic, hospital, or agency
which has the subject person under care or treatment. The
court may also permit inspection by or release to individuals
or agencies, including juvenile justice advisory committees
of county law and justice councils, engaged in legitimate
research for educational, scientific, or public purposes. The
court may also permit inspection of, or release of information from, records which have been sealed pursuant to
*RCW 13.50.050(11). The court shall release to the
sentencing guidelines commission records needed for its
research and data-gathering functions under **RCW
9.94A.850 and other statutes. Access to records or information for research purposes shall be permitted only if the
anonymity of all persons mentioned in the records or
information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for
research purposes shall present a notarized statement to the
court stating that the names of juveniles and parents will
remain confidential.
(9) Juvenile detention facilities shall release records to
the sentencing guidelines commission under **RCW
9.94A.850 upon request. The commission shall not disclose
the names of any juveniles or parents mentioned in the
records without the named individual’s written permission.
(10) Requirements in this chapter relating to the court’s
authority to compel disclosure shall not apply to the legislative children’s oversight committee or the office of the
family and children’s ombudsman. [1998 c 269 § 4. Prior:
1997 c 386 § 21; 1997 c 338 § 39; 1996 c 232 § 6; 1994
sp.s. c 7 § 541; 1993 c 374 § 1; 1990 c 246 § 8; 1986 c 288
§ 11; 1979 c 155 § 8.]
Reviser’s note: *(1) RCW 13.50.050 was amended by 1999 c 198
§ 4, changing subsection (11) to subsection (12).
**(2) This RCW reference has been corrected to reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Alphabetization—1998 c 269: "The code reviser shall alphabetize
the definitions in RCW 13.50.010 and 74.15.020 and correct any references." [1998 c 269 § 18.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Effective dates—1996 c 232: See note following RCW 9.94A.850.
Application—1994 sp.s. c 7 §§ 540-545: "Sections 540 through 545
of this act shall apply to offenses committed on or after July 1, 1994."
[1994 sp.s. c 7 § 917.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—1990 c 246: See note following RCW 13.34.060.
Severability—1986 c 288: See note following RCW 13.32A.050.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
[Title 13 RCW—page 94]
13.50.050 Records relating to commission of
juvenile offenses—Maintenance of, access to, and destruction—Release of information to schools. (1) This section
governs records relating to the commission of juvenile
offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or
proven juvenile offender shall be open to public inspection,
unless sealed pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file
are confidential and may be released only as provided in this
section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and
RCW 13.50.010, records retained or produced by any
juvenile justice or care agency may be released to other
participants in the juvenile justice or care system only when
an investigation or case involving the juvenile in question is
being pursued by the other participant or when that other
participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information
not in an official juvenile court file concerning a juvenile or
a juvenile’s family may be released to the public only when
that information could not reasonably be expected to identify
the juvenile or the juvenile’s family.
(6) Notwithstanding any other provision of this chapter,
the release, to the juvenile or his or her attorney, of law
enforcement and prosecuting attorneys’ records pertaining to
investigation, diversion, and prosecution of juvenile offenses
shall be governed by the rules of discovery and other rules
of law applicable in adult criminal investigations and
prosecutions.
(7) Upon the decision to arrest or the arrest, law
enforcement and prosecuting attorneys may cooperate with
schools in releasing information to a school pertaining to the
investigation, diversion, and prosecution of a juvenile
attending the school. Upon the decision to arrest or the
arrest, incident reports may be released unless releasing the
records would jeopardize the investigation or prosecution or
endanger witnesses. If release of incident reports would
jeopardize the investigation or prosecution or endanger
witnesses, law enforcement and prosecuting attorneys may
release information to the maximum extent possible to assist
schools in protecting other students, staff, and school property.
(8) The juvenile court and the prosecutor may set up
and maintain a central record-keeping system which may
receive information on all alleged juvenile offenders against
whom a complaint has been filed pursuant to RCW
13.40.070 whether or not their cases are currently pending
before the court. The central record-keeping system may be
computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the
juvenile court or the prosecuting attorney when the juvenile
has agreed to diversion. An offense shall not be reported as
criminal history in any central record-keeping system without
notification by the diversion unit of the date on which the
offender agreed to diversion.
(9) Upon request of the victim of a crime or the
victim’s immediate family, the identity of an alleged or
proven juvenile offender alleged or found to have committed
a crime against the victim and the identity of the alleged or
proven juvenile offender’s parent, guardian, or custodian and
(2002 Ed.)
Keeping and Release of Records by Juvenile Justice or Care Agencies
the circumstance of the alleged or proven crime shall be
released to the victim of the crime or the victim’s immediate
family.
(10) Subject to the rules of discovery applicable in adult
criminal prosecutions, the juvenile offense records of an
adult criminal defendant or witness in an adult criminal
proceeding shall be released upon request to prosecution and
defense counsel after a charge has actually been filed. The
juvenile offense records of any adult convicted of a crime
and placed under the supervision of the adult corrections
system shall be released upon request to the adult corrections
system.
(11) In any case in which an information has been filed
pursuant to RCW 13.40.100 or a complaint has been filed
with the prosecutor and referred for diversion pursuant to
RCW 13.40.070, the person the subject of the information or
complaint may file a motion with the court to have the court
vacate its order and findings, if any, and, subject to subsection (23) of this section, order the sealing of the official
juvenile court file, the social file, and records of the court
and of any other agency in the case.
(12) The court shall not grant any motion to seal records
made pursuant to subsection (11) of this section that is filed
on or after July 1, 1997, unless it finds that:
(a) For class B offenses other than sex offenses, since
the last date of release from confinement, including full-time
residential treatment, if any, or entry of disposition, the
person has spent ten consecutive years in the community
without committing any offense or crime that subsequently
results in conviction. For class C offenses other than sex
offenses, since the last date of release from confinement,
including full-time residential treatment, if any, or entry of
disposition, the person has spent five consecutive years in
the community without committing any offense or crime that
subsequently results in conviction. For misdemeanors, since
the last date of release from confinement, including full-time
residential treatment, if any, or entry of disposition, the
person has spent two consecutive years in the community
without committing any offense or crime that subsequently
results in conviction and the person is at least eighteen years
old. For gross misdemeanors, since the last date of release
from confinement, including full-time residential treatment,
if any, or entry of disposition, the person has spent three
consecutive years in the community without committing any
offense or crime that subsequently results in conviction and
the person is at least eighteen years old. For diversions,
since completion of the diversion agreement, the person has
spent two consecutive years in the community without
committing any offense or crime that subsequently results in
conviction or diversion and the person is at least eighteen
years old;
(b) No proceeding is pending against the moving party
seeking the conviction of a juvenile offense or a criminal
offense;
(c) No proceeding is pending seeking the formation of
a diversion agreement with that person;
(d) The person has not been convicted of a class A or
sex offense; and
(e) Full restitution has been paid.
(13) The person making a motion pursuant to subsection
(11) of this section shall give reasonable notice of the
(2002 Ed.)
13.50.050
motion to the prosecution and to any person or agency
whose files are sought to be sealed.
(14) If the court grants the motion to seal made pursuant
to subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile
court file, the social file, and other records relating to the
case as are named in the order. Thereafter, the proceedings
in the case shall be treated as if they never occurred, and the
subject of the records may reply accordingly to any inquiry
about the events, records of which are sealed. Any agency
shall reply to any inquiry concerning confidential or sealed
records that records are confidential, and no information can
be given about the existence or nonexistence of records
concerning an individual.
(15) Inspection of the files and records included in the
order to seal may thereafter be permitted only by order of
the court upon motion made by the person who is the subject
of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (23) of this section.
(16) Any adjudication of a juvenile offense or a crime
subsequent to sealing has the effect of nullifying the sealing
order. Any charging of an adult felony subsequent to the
sealing has the effect of nullifying the sealing order for the
purposes of chapter 9.94A RCW.
(17)(a) A person eighteen years of age or older whose
criminal history consists of only one referral for diversion
may request that the court order the records in that case
destroyed. The request shall be granted, subject to subsection (23) of this section, if the court finds that two years
have elapsed since completion of the diversion agreement.
(b) A person twenty-three years of age or older whose
criminal history consists of only referrals for diversion may
request that the court order the records in those cases
destroyed. The request shall be granted, subject to subsection (23) of this section, if the court finds that all diversion
agreements have been successfully completed and no
proceeding is pending against the person seeking the
conviction of a criminal offense.
(18) If the court grants the motion to destroy records
made pursuant to subsection (17) of this section, it shall,
subject to subsection (23) of this section, order the official
juvenile court file, the social file, and any other records
named in the order to be destroyed.
(19) The person making the motion pursuant to subsection (17) of this section shall give reasonable notice of the
motion to the prosecuting attorney and to any agency whose
records are sought to be destroyed.
(20) Any juvenile to whom the provisions of this section
may apply shall be given written notice of his or her rights
under this section at the time of his or her disposition
hearing or during the diversion process.
(21) Nothing in this section may be construed to prevent
a crime victim or a member of the victim’s family from
divulging the identity of the alleged or proven juvenile
offender or his or her family when necessary in a civil
proceeding.
(22) Any juvenile justice or care agency may, subject to
the limitations in subsection (23) of this section and (a) and
(b) of this subsection, develop procedures for the routine
destruction of records relating to juvenile offenses and
diversions.
[Title 13 RCW—page 95]
13.50.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(a) Records may be routinely destroyed only when the
person the subject of the information or complaint has
attained twenty-three years of age or older, or is eighteen
years of age or older and his or her criminal history consists
entirely of one diversion agreement and two years have
passed since completion of the agreement.
(b) The court may not routinely destroy the official
juvenile court file or recordings or transcripts of any proceedings.
(23) No identifying information held by the Washington
state patrol in accordance with chapter 43.43 RCW is subject
to destruction or sealing under this section. For the purposes
of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any
other data that identifies a person by physical characteristics,
name, birthdate or address, but does not include information
regarding criminal activity, arrest, charging, diversion,
conviction or other information about a person’s treatment
by the criminal justice system or about the person’s behavior.
(24) Information identifying child victims under age
eighteen who are victims of sexual assaults by juvenile
offenders is confidential and not subject to release to the
press or public without the permission of the child victim or
the child’s legal guardian. Identifying information includes
the child victim’s name, addresses, location, photographs,
and in cases in which the child victim is a relative of the
alleged perpetrator, identification of the relationship between
the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law
enforcement, prosecutors, judges, defense attorneys, or
private or governmental agencies that provide services to the
child victim of sexual assault. [2001 c 175 § 1; 2001 c 174
§ 1; 2001 c 49 § 2; 1999 c 198 § 4; 1997 c 338 § 40; 1992
c 188 § 7; 1990 c 3 § 125; 1987 c 450 § 8; 1986 c 257 §
33; 1984 c 43 § 1; 1983 c 191 § 19; 1981 c 299 § 19; 1979
c 155 § 9.]
Rules of court: Superior Court Criminal Rules (CrR), generally. Discovery: CrR 4.7.
Reviser’s note: This section was amended by 2001 c 49 § 2, 2001
c 174 § 1, and by 2001 c 175 § 1, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2001 c 49: "The legislature intends to change the results of
the holding of State v. T. K., 139 Wn. 2d 320 (1999), and have any motion
made after July 1, 1997, to seal juvenile records be determined by the
provisions of RCW 13.50.050 in effect after July 1, 1997." [2001 c 49 §
1.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 §§ 17-35: See note following RCW
9.94A.030.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
[Title 13 RCW—page 96]
13.50.100 Records not relating to commission of
juvenile offenses—Maintenance and access—Disclosure
of unfounded allegations prohibited. (1) This section
governs records not covered by RCW 13.50.050.
(2) Records covered by this section shall be confidential
and shall be released only pursuant to this section and RCW
13.50.010.
(3) Records retained or produced by any juvenile justice
or care agency may be released to other participants in the
juvenile justice or care system only when an investigation or
case involving the juvenile in question is being pursued by
the other participant or when that other participant is
assigned the responsibility of supervising the juvenile.
Records covered under this section and maintained by the
juvenile courts which relate to the official actions of the
agency may be entered in the statewide judicial information
system. However, truancy records associated with a juvenile
who has no other case history, and records of a juvenile’s
parents who have no other case history, shall be removed
from the judicial information system when the juvenile is no
longer subject to the compulsory attendance laws in chapter
28A.225 RCW. A county clerk is not liable for unauthorized release of this data by persons or agencies not in his or
her employ or otherwise subject to his or her control, nor is
the county clerk liable for inaccurate or incomplete information collected from litigants or other persons required to
provide identifying data pursuant to this section.
(4) A contracting agency or service provider of the
department of social and health services that provides
counseling, psychological, psychiatric, or medical services
may release to the office of the family and children’s
ombudsman information or records relating to services
provided to a juvenile who is dependent under chapter 13.34
RCW without the consent of the parent or guardian of the
juvenile, or of the juvenile if the juvenile is under the age of
thirteen years, unless such release is otherwise specifically
prohibited by law.
(5) A juvenile, his or her parents, the juvenile’s attorney
and the juvenile’s parent’s attorney, shall, upon request, be
given access to all records and information collected or
retained by a juvenile justice or care agency which pertain
to the juvenile except:
(a) If it is determined by the agency that release of this
information is likely to cause severe psychological or
physical harm to the juvenile or his or her parents the
agency may withhold the information subject to other order
of the court: PROVIDED, That if the court determines that
limited release of the information is appropriate, the court
may specify terms and conditions for the release of the
information; or
(b) If the information or record has been obtained by a
juvenile justice or care agency in connection with the
provision of counseling, psychological, psychiatric, or
medical services to the juvenile, when the services have been
sought voluntarily by the juvenile, and the juvenile has a
legal right to receive those services without the consent of
any person or agency, then the information or record may
not be disclosed to the juvenile’s parents without the
informed consent of the juvenile unless otherwise authorized
by law; or
(c) That the department of social and health services
may delete the name and identifying information regarding
(2002 Ed.)
Keeping and Release of Records by Juvenile Justice or Care Agencies
persons or organizations who have reported alleged child
abuse or neglect.
(6) A juvenile or his or her parent denied access to any
records following an agency determination under subsection
(5) of this section may file a motion in juvenile court
requesting access to the records. The court shall grant the
motion unless it finds access may not be permitted according
to the standards found in subsections (5)(a) and (b) of this
section.
(7) The person making a motion under subsection (6) of
this section shall give reasonable notice of the motion to all
parties to the original action and to any agency whose
records will be affected by the motion.
(8) Subject to the rules of discovery in civil cases, any
party to a proceeding seeking a declaration of dependency or
a termination of the parent-child relationship and any party’s
counsel and the guardian ad litem of any party, shall have
access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (5) of this
section. A party denied access to records may request
judicial review of the denial. If the party prevails, he or she
shall be awarded attorneys’ fees, costs, and an amount not
less than five dollars and not more than one hundred dollars
for each day the records were wrongfully denied.
(9) No unfounded allegation of child abuse or neglect as
defined in RCW 26.44.020(12) may be disclosed to a childplacing agency, private adoption agency, or any other
licensed provider. [2001 c 162 § 2; 2000 c 162 § 18; 1999
c 390 § 3; 1997 c 386 § 22; 1995 c 311 § 16; 1990 c 246 §
9; 1983 c 191 § 20; 1979 c 155 § 10.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
13.50.140 Disclosure of privileged information to
office of family and children’s ombudsman—Privilege not
waived as to others. Any communication or advice privileged under RCW 5.60.060 that is disclosed by the office of
the attorney general or the department of social and health
services to the office of the family and children’s ombudsman may not be deemed to be a waiver of the privilege as
to others. [1999 c 390 § 8.]
13.50.150 Confidential records—Expungement to
protect due process rights. Nothing in this chapter shall be
construed to prevent the expungement of any juvenile record
ordered expunged by a court to preserve the due process
rights of its subject. [1977 ex.s. c 291 § 13. Formerly
RCW 13.04.276, see 1979 c 155 § 12.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.50.160 Disposition records—Provision to schools.
Records of disposition for a juvenile offense must be
provided to schools as provided in RCW 13.04.155. [1997
c 266 § 8.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
(2002 Ed.)
13.50.100
13.50.200 Records of motor vehicle operation
violation forwarded. Notwithstanding any other provision
of this chapter, whenever a child is arrested for a violation
of any law, including municipal ordinances, regulating the
operation of vehicles on the public highways, a copy of the
traffic citation and a record of the action taken by the court
shall be forwarded by the juvenile court to the department of
licensing in the same manner as provided in RCW
46.20.270. [1979 c 155 § 13; 1977 ex.s. c 291 § 14.
Formerly RCW 13.04.278.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
13.50.250 Records chapter applicable to. This
chapter applies to all juvenile justice or care agency records
created on or after July 1, 1978. [1979 c 155 § 11.]
Effective date—Severability—1979 c 155: See notes following
RCW 13.04.011.
Chapter 13.60
MISSING CHILDREN CLEARINGHOUSE
Sections
13.60.010
13.60.020
13.60.030
13.60.040
13.60.100
13.60.110
13.60.120
Missing children clearinghouse—Hot line—Distribution of
information.
Entry of information on missing children into missing person computer network—Access.
Information and education regarding missing children—Plan.
Children receiving services from department of social and
health services—Reporting by the department—
Notification of child’s whereabouts.
Task force on missing and exploited children—Findings,
intent.
Task force on missing and exploited children—
Establishment—Activities—Annual reports.
Task force on missing and exploited children—Advisory
board.
13.60.010 Missing children clearinghouse—Hot
line—Distribution of information. The Washington state
patrol shall establish a missing children clearinghouse which
shall include the maintenance and operation of a toll-free,
twenty-four-hour telephone hotline. The clearinghouse shall
distribute information to local law enforcement agencies,
school districts, the department of social and health services,
and the general public regarding missing children. The
information shall include pictures, bulletins, training sessions,
reports, and biographical materials that will assist in local
law enforcement efforts to locate missing children. The state
patrol shall also maintain a regularly updated computerized
link with national and other statewide missing person
systems or clearinghouses.
"Child" or "children," as used in this chapter, means an
individual under eighteen years of age. [1985 c 443 § 22.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
13.60.020 Entry of information on missing children
into missing person computer network—Access. Local
law enforcement agencies shall file an official missing
person report and enter biographical information into the
[Title 13 RCW—page 97]
13.60.020
Title 13 RCW: Juvenile Courts and Juvenile Offenders
state missing person computerized network within twelve
hours after notification of a missing child is received under
*RCW 13.32A.050 (1), (3), or (4). The patrol shall collect
such information as will enable it to retrieve immediately the
following information about a missing child: Name, date of
birth, social security number, fingerprint classification,
relevant physical descriptions, and known associates and
locations. Access to the preceding information shall be
available to appropriate law enforcement agencies, and to
parents and legal guardians, when appropriate. [1985 c 443
§ 23.]
*Reviser’s note: RCW 13.32A.050 was amended by 1995 c 312 §
6, changing subsections (1), (3), and (4) to subsection (1)(a), (c), and (d),
respectively.
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
13.60.030 Information and education regarding
missing children—Plan. The superintendent of public
instruction shall meet semiannually with the Washington
state patrol to develop a coordinated plan for the distribution
of information and education of teachers and students in the
school districts of the state regarding the missing children
problem in the state. The superintendent of public instruction shall encourage local school districts to cooperate by
providing the state patrol information on any missing
children that may be identified within the district. [1985 c
443 § 24.]
Severability—Effective date—1985 c 443: See notes following
RCW 7.69.010.
13.60.040 Children receiving services from department of social and health services—Reporting by the
department—Notification of child’s whereabouts. The
department of social and health services shall develop a
procedure for reporting missing children information to the
missing children clearinghouse on children who are receiving
departmental services in each of its administrative regions.
The purpose of this procedure is to link parents to missing
children. When the department has obtained information that
a minor child has been located at a facility funded by the
department, the department shall notify the clearinghouse and
the child’s legal custodian, advising the custodian of the
child’s whereabouts or that the child is subject to a dependency action. The department shall inform the clearinghouse
when reunification occurs. [1999 c 267 § 18.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—
1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
13.60.100 Task force on missing and exploited
children—Findings, intent. The legislature finds a compelling need to address the problem of missing children,
whether those children have been abducted by a stranger, are
missing due to custodial interference, or are classified as
runaways. Washington state ranks twelfth in the nation for
active cases of missing juveniles and, at any given time,
more than one thousand eight hundred Washington children
are reported as missing. The potential for physical and
psychological trauma to these children is extreme. Therefore, the legislature finds that it is paramount for the safety
[Title 13 RCW—page 98]
of these children that there be a concerted effort to resolve
cases of missing and exploited children.
Due to the complexity of many child abduction cases,
most law enforcement personnel are unprepared and lack
adequate resources to successfully and efficiently investigate
these crimes. Therefore, it is the intent of the legislature that
a multiagency task force be established within the Washington state patrol, to be available to assist local jurisdictions in
missing child cases through referrals, on-site assistance, case
management, and training. The legislature intends that the
task force will increase the effectiveness of a specific case
investigation by drawing from the combined resources,
knowledge, and technical expertise of the members of the
task force. [1999 c 168 § 1.]
Short title—1999 c 168: "This act may be known and cited as the
Teekah Lewis act." [1999 c 168 § 4.]
13.60.110 Task force on missing and exploited
children—Establishment—Activities—Annual reports.
(1) A task force on missing and exploited children is established in the Washington state patrol. The task force shall
be under the direction of the chief of the state patrol.
(2) The task force is authorized to assist law enforcement agencies, upon request, in cases involving missing or
exploited children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national,
and international agencies; and
(e) Coordination and information sharing among local,
state, interstate, and federal law enforcement and social
service agencies.
(3) To maximize the efficiency and effectiveness of
state resources and to improve interagency cooperation, the
task force shall, where feasible, use existing facilities,
systems, and staff made available by the state patrol and
other local, state, interstate, and federal law enforcement and
social service agencies. The chief of the state patrol may
employ such additional personnel as are necessary for the
work of the task force and may share personnel costs with
other agencies.
(4) The chief of the state patrol shall seek public and
private grants and gifts to support the work of the task force.
(5) By December 1, 2001, and annually thereafter, the
chief of the state patrol shall submit a report to the appropriate committees of the legislature. The report shall establish
performance measurements and objectives for the task force
and assess the accomplishments of the task force.
(6) For the purposes of RCW 13.60.100 through
13.60.120, "exploited children" means children under the age
of eighteen who are employed, used, persuaded, induced,
enticed, or coerced to engage in, or assist another person to
engage in, sexually explicit conduct. "Exploited children"
also means the rape, molestation, or use for prostitution of
children under the age of eighteen. [1999 c 168 § 2.]
Short title—1999 c 168: See note following RCW 13.60.100.
13.60.120 Task force on missing and exploited
children—Advisory board. The advisory board on missing
and exploited children is established to advise the chief of
(2002 Ed.)
Missing Children Clearinghouse
the Washington state patrol on the objectives, conduct,
management, and coordination of the various activities of the
task force on missing and exploited children.
(1) The chief of the state patrol shall appoint five
members to the advisory board: (a) One member shall be a
county prosecuting attorney or a representative and shall be
appointed in consultation with the elected county prosecutors; (b) two members shall be a municipal police chief and
a county sheriff, or their representatives, and shall be
appointed in consultation with the association of sheriffs and
police chiefs under RCW 36.28A.010; (c) one member shall
be a representative of the state patrol; and (d) one member
shall be a representative of parents of missing or exploited
children.
(2) A sixth member of the board shall represent and be
appointed by the attorney general.
(3) To improve interagency communication and coordination, the chief of the state patrol shall invite representatives of federal law enforcement agencies and state social
service agencies to participate in the advisory board.
(4) The members of the board shall be qualified on the
basis of knowledge and experience as may contribute to the
effective performance of the board’s duties. The board shall
elect its own chair from among its members. Meetings of
the board may be convened at the call of the chair or by a
majority of the members.
(5) The term of each member of the board shall be two
years and shall be conditioned upon the member retaining
the official position from which the member was appointed.
[1999 c 168 § 3.]
Short title—1999 c 168: See note following RCW 13.60.100.
Chapter 13.64
EMANCIPATION OF MINORS
Sections
13.64.010
13.64.020
13.64.030
13.64.040
13.64.050
13.64.060
13.64.070
13.64.080
13.64.900
Declaration of emancipation.
Petition for emancipation—Filing fees.
Service of petition—Notice—Date of hearing.
Hearing on petition.
Emancipation decree—Certified copy—Notation of emancipated status.
Power and capacity of emancipated minor.
Declaration of emancipation—Voidable.
Forms to initiate petition of emancipation.
Effective date—1993 c 294.
13.64.010 Declaration of emancipation. Any minor
who is sixteen years of age or older and who is a resident of
this state may petition in the superior court for a declaration
of emancipation. [1993 c 294 § 1.]
13.64.020 Petition for emancipation—Filing fees.
(1) A petition for emancipation shall be signed and verified
by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner’s
birthdate, and the state and county of birth; (b) a certified
copy of the petitioner’s birth certificate; (c) the name and
last known address of the petitioner’s parent or parents,
guardian, or custodian; (d) the petitioner’s present address,
and length of residence at that address; (e) a declaration by
the petitioner indicating that he or she has the ability to
(2002 Ed.)
13.60.120
manage his or her financial affairs, including any supporting
information; and (f) a declaration by the petitioner indicating
that he or she has the ability to manage his or her personal,
social, educational, and nonfinancial affairs, including any
supporting information.
(2) Fees for this section are set under RCW 36.18.014.
[1995 c 292 § 7; 1993 c 294 § 2.]
13.64.030 Service of petition—Notice—Date of
hearing. The petitioner shall serve a copy of the filed
petition and notice of hearing on the petitioner’s parent or
parents, guardian, or custodian at least fifteen days before
the emancipation hearing. No summons shall be required.
Service shall be waived if proof is made to the court that the
address of the parent or parents, guardian, or custodian is
unavailable or unascertainable. The petitioner shall also
serve notice of the hearing on the department if the petitioner is subject to dependency disposition order under RCW
13.34.130. The hearing shall be held no later than sixty days
after the date on which the petition is filed. [1993 c 294 §
3.]
13.64.040 Hearing on petition. (1) The hearing on
the petition shall be before a judicial officer, sitting without
a jury. Prior to the presentation of proof the judicial officer
shall determine whether: (a) The petitioning minor understands the consequences of the petition regarding his or her
legal rights and responsibilities; (b) a guardian ad litem
should be appointed to investigate the allegations of the
petition and file a report with the court.
(2) For the purposes of this section, the term "judicial
officer" means: (a) A judge; (b) a superior court commissioner of a unified family court if the county operates a
unified family court; or (c) any superior court commissioner
if the county does not operate a unified family court. The
term does not include a judge pro tempore. [2001 c 161 §
1; 1993 c 294 § 4.]
13.64.050 Emancipation decree—Certified copy—
Notation of emancipated status. (1) The court shall grant
the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following
facts by clear and convincing evidence: (a) That the
petitioner is sixteen years of age or older; (b) that the
petitioner is a resident of the state; (c) that the petitioner has
the ability to manage his or her financial affairs; and (d) that
the petitioner has the ability to manage his or her personal,
social, educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a
dependent minor, the department, may oppose the petition
for emancipation. The court shall deny the petition unless
it finds, by clear and convincing evidence, that denial of the
grant of emancipation would be detrimental to the interests
of the minor.
(3) Upon entry of a decree of emancipation by the court
the petitioner shall be given a certified copy of the decree.
The decree shall instruct the petitioner to obtain a Washington driver’s license or a Washington identification card and
direct the department of licensing make a notation of the
emancipated status on the license or identification card.
[1993 c 294 § 5.]
[Title 13 RCW—page 99]
13.64.060
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.64.060 Power and capacity of emancipated
minor. (1) An emancipated minor shall be considered to
have the power and capacity of an adult, except as provided
in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial
support, care, supervision, and any other obligation the
parent may have by virtue of the parent-child relationship,
including obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or
domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power
and capacity of an adult, in all business relationships,
including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to
the health and safety regulations designed to protect those
under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving
health care services.
(2) An emancipated minor shall not be considered an
adult for: (a) The purposes of the adult criminal laws of the
state unless the decline of jurisdiction procedures contained
in RCW 13.40.110 are used or the minor is tried in criminal
court pursuant to *RCW 13.04.030(1)(e)(iv); (b) the criminal
laws of the state when the emancipated minor is a victim
and the age of the victim is an element of the offense; or (c)
those specific constitutional and statutory age requirements
regarding voting, use of alcoholic beverages, possession of
firearms, and other health and safety regulations relevant to
the minor because of the minor’s age. [1994 sp.s. c 7 § 436;
1993 c 294 § 6.]
*Reviser’s note: RCW 13.04.030 was amended by 1997 c 341 § 3,
changing subsection (1)(e)(iv) to subsection (1)(e)(v).
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
13.64.070 Declaration of emancipation—Voidable.
A declaration of emancipation obtained by fraud is voidable.
The voiding of any such declaration shall not affect any
obligations, rights, or interests that arose during the period
the declaration was in effect. [1993 c 294 § 7.]
13.64.080 Forms to initiate petition of emancipation. The office of the administrator for the courts shall
prepare and distribute to the county court clerks appropriate
forms for minors seeking to initiate a petition of emancipation. [1993 c 294 § 8.]
13.64.900 Effective date—1993 c 294. This act shall
take effect January 1, 1994. [1993 c 294 § 11.]
[Title 13 RCW—page 100]
Chapter 13.70
SUBSTITUTE CARE OF CHILDREN—
REVIEW BOARD SYSTEM
Sections
13.70.003
13.70.010
13.70.020
13.70.030
13.70.040
13.70.050
13.70.060
13.70.070
13.70.080
13.70.090
13.70.100
13.70.110
13.70.120
13.70.130
13.70.140
13.70.150
Substitute care of children—Citizen review board system—
Purpose—Application of administrative procedures and
standards.
Definitions.
Role of supreme court—Procedures.
Composition of board—Quorum.
Guidelines for appointment to boards.
Training programs for board members.
Confidentiality requirements.
Board access to records.
Review of case—Employee duties.
Board—Powers and duties—Immunity.
Child in substitute care—No dependency petition—
Procedures—Review.
Child in substitute care under dependency proceeding—
Procedures—Review.
Board recommendations.
Funds from public and private sources.
Review by court.
Indian children—Local Indian child welfare advisory committee may serve as citizen review board.
13.70.003 Substitute care of children—Citizen
review board system—Purpose—Application of administrative procedures and standards. The legislature recognizes the importance of permanency and continuity to
children and of fairness to parents in the provision of child
welfare services.
The legislature intends to create a citizen review board
system that will function in an advisory capacity to the
judiciary, the department, and the legislature. The purpose
of the citizen review board system is to:
(1) Provide periodic review of cases involving substitute
care of children in a manner that complies with case review
requirements and time lines imposed by federal laws
pertaining to child welfare services;
(2) Improve the quality of case review provided to
children in substitute care and their families; and
(3) Provide a means for community involvement in
monitoring cases of children in substitute care.
In order to accomplish the foregoing purposes, the
citizen review board system shall not be subject to the
procedures and standards usually applicable to judicial and
administrative hearings, except as otherwise specifically
provided in this chapter and RCW 13.34.138, 13.34.145, and
26.44.115. Nothing in this chapter and RCW 13.34.138,
13.34.145, and 26.44.115 shall limit the ability of the
department to utilize court review hearings and administrative reviews to meet the periodic review requirements
imposed by federal law. [2000 c 122 § 36; 1989 1st ex.s. c
17 § 1.]
13.70.010 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Board" means the local citizen review board
established pursuant to this chapter.
(2) "Child" means a person less than eighteen years of
age.
(2002 Ed.)
Substitute Care of Children—Review Board System
(3) "Committee" means a local Indian child welfare
advisory committee established pursuant to WAC
388-70-610, as now existing or hereafter amended by the
department.
(4) "Conflict of interest" means that a person appointed
to a board has a personal or pecuniary interest in a case
being reviewed by that board.
(5) "Court" means the juvenile court.
(6) "Custodian" means that person who has legal
custody of the child.
(7) "Department" means the department of social and
health services.
(8) "Mature child" means a child who is able to understand and participate in the decision-making process without
excessive anxiety or fear. A child twelve years old or over
shall be rebuttably presumed to be a mature child.
(9) "Parent" or "parents" means the biological or
adoptive parents of a child unless the legal rights of that
person have been terminated by judicial proceedings.
(10) "Placement episode" means the period of time that
begins with the date the child was removed from the home
of the parent or legal custodian for the purposes of
placement in substitute care and continues until the child
returns home or an adoption decree or guardianship order is
entered.
(11) "Records" means any information in written form,
pictures, photographs, charts, graphs, recordings, or documents pertaining to a case.
(12) "Resides" or "residence," when used in reference to
the residence of a child, means the place where the child is
actually living and not the legal residence or domicile of the
parent or guardian.
(13) "Substitute care" means an out-of-home placement
of a child for purposes related to the provision of child
welfare services in accordance with chapter 74.13 RCW
where the child is in the care, custody, and control of the
department pursuant to a proceeding under chapter 13.34
RCW or pursuant to the written consent of the child’s parent
or parents or custodian. [1991 c 127 § 3; 1989 1st ex.s. c
17 § 3.]
13.70.020 Role of supreme court—Procedures. The
supreme court is requested to:
(1) Establish and approve policies and procedures for
the creation, recruitment, and operation of local citizen
substitute care review boards;
(2) Approve and cause to have conducted training
programs for board members;
(3) Provide consultation services on request to the
boards;
(4) Establish reporting procedures to be followed by the
boards to provide data for the evaluation of this chapter;
(5) Monitor the boards to ensure the impartiality of
reviews and consistency of review standards throughout the
state;
(6) Employ staff and provide for support services for the
boards which shall be provided with staff through the local
juvenile court in accordance with guidelines and procedures
established by the supreme court;
(2002 Ed.)
13.70.010
(7) Direct the administrator for the courts to carry out
duties prescribed by the supreme court relating to the
administration of this chapter;
(8) Submit a report to the governor, the appropriate
committees of the legislature, and the public on January 1,
1991, and biennially thereafter. The report shall address the
following issues:
(a) State laws, policies, and practices affecting permanence and appropriate care for children in the custody of the
department and other agencies;
(b) Whether the boards are effective in bringing about
permanence and appropriate care for children in the custody
of the department and other agencies; and
(c) Whether adequate resources are available to permit
the department to make reasonable efforts to keep families
together.
(9) Adopt rules regarding:
(a) Procedures for providing written notice of the review
to the department, any other child placement agency directly
responsible for supervising the placement of the child, the
child’s parents and their attorneys, the child’s legal custodians and their attorneys, mature children and their attorneys,
the court-appointed attorney and guardian ad litem of any
child, any prosecuting attorney or attorney general actively
involved in the case, and the child’s Indian tribe if the child
is an Indian as defined in the Indian child welfare act, 25
U.S.C. 1901, et seq. The notice shall include advice that
persons receiving a notice may participate in the review and
be accompanied by a representative;
(b) Procedures for removing members from the board
for nonparticipation or other good cause. [1989 1st ex.s. c
17 § 4.]
13.70.030 Composition of board—Quorum. Each
board shall be composed of five members appointed by the
juvenile court. Three members shall constitute a quorum.
[1989 1st ex.s. c 17 § 5.]
13.70.040 Guidelines for appointment to boards.
Each board shall be appointed according to the following
guidelines:
(1) Members of each board shall represent the various
socioeconomic and ethnic groups of the area served.
(2) No person employed by a juvenile court or by the
department for purposes related to the provision of child
welfare services under chapter 74.13 RCW may serve on any
board. No more than one person from any private agency or
individual licensed by the department to provide child
welfare services under chapter 74.13 RCW may serve on any
board. A majority of the members on each board shall be
persons who have no current professional or volunteer
relationship with the department.
(3) No person who has had a child of his or her own, or
one under his or her control, placed in substitute care within
the last two years may serve on any board.
(4) All board members must be of good character and
must demonstrate the understanding, ability, and judgment
necessary to carry out the duties under this chapter.
(5) All board members shall serve a term of two years,
except that if a vacancy occurs, a successor shall be appointed to serve the unexpired term. The terms of the initial
[Title 13 RCW—page 101]
13.70.040
Title 13 RCW: Juvenile Courts and Juvenile Offenders
members shall be staggered. Members shall be limited to
two terms unless there are insufficient volunteers to replace
them.
(6) Each board shall elect annually from its membership
a chair and vice-chair to serve in the absence of the chair.
(7) Board members shall be domiciled within the
counties of the appointing courts. [1989 1st ex.s. c 17 § 6.]
13.70.050 Training programs for board members.
Prior to reviewing cases, all persons appointed to serve as
board members shall participate in a training program
established and approved by the supreme court. Board
members shall participate in at least sixteen hours of training
prior to reviewing cases and, thereafter, at least eight hours
of training annually. [1989 1st ex.s. c 17 § 7.]
13.70.060 Confidentiality requirements. (1) Before
beginning to serve on a board, each member shall swear or
affirm to the court that the member shall keep confidential
the information reviewed by the board and its actions and
recommendations in individual cases.
(2) A member of a board who violates the duty imposed
by subsection (1) of this section is subject to dismissal from
the board and other penalties as provided by law. [1989 1st
ex.s. c 17 § 8.]
13.70.070 Board access to records. Each board shall
have access to the following information unless disclosure is
otherwise specifically prohibited by law:
(1) Any records of the court which are pertinent to the
case;
(2) Any records of the department pertaining to the
child, the child’s parents, or legal custodian; and
(3) Any records in the possession of an agency or other
entity pertaining to the child, the child’s parents, or legal
custodian if such records are relevant to review of the case.
[1989 1st ex.s. c 17 § 9.]
13.70.080 Review of case—Employee duties. The
department and any other agency directly responsible for the
care and placement of the child in substitute care shall
require the employee who has primary case-planning
responsibility for the case to attend the review. If the
employee is unable to attend the review, an employee with
knowledge of the case plan shall attend the review. [1989
1st ex.s. c 17 § 10.]
13.70.090 Board—Powers and duties—Immunity.
(1) Whenever a member of a board has a potential conflict
of interest in a case being reviewed, the member shall
declare to the board the nature of the potential conflict prior
to participating in the case review. The declaration of the
member shall be recorded in the official records of the board
and disclosed to all parties participating in the review. If, in
the judgment of the majority of the local board, the potential
conflict of interest may prevent the member from fairly and
objectively reviewing the case, the board may remove the
member from participation in the review.
(2) The board shall keep accurate records, including a
verbatim record of board reviews, and retain these records.
[Title 13 RCW—page 102]
(3) The board may hold joint or separate reviews for
groups of siblings.
(4) The board may disclose information to participants
in the board review of a case. Before participating in a
board review, each participant shall swear or affirm to the
board that the participant shall keep confidential the information disclosed by the board in the case review and to
disclose it only as authorized by law.
(5) Members of the board shall be held immune from
suit and not be held liable in any civil action for recommendations made or activities performed under this chapter.
[1989 1st ex.s. c 17 § 11.]
13.70.100 Child in substitute care—No dependency
petition—Procedures—Review. (1) This section shall
apply to cases where a child has been placed in substitute
care pursuant to written parental consent and a dependency
petition has not been filed under chapter 13.34 RCW. If a
dependency petition is subsequently filed and the child’s
placement in substitute care continues pursuant to a court
order entered in a proceeding under chapter 13.34 RCW, the
provisions set forth in RCW 13.70.110 shall apply.
(2) Within thirty days following commencement of the
placement episode, the department shall send a copy of the
written parental consent to the juvenile court with jurisdiction over the geographical area in which the child resides.
(3) Within forty-five days following commencement of
the placement episode, the court shall assign the child’s case
to a board and forward to the board a copy of the written
parental consent to placement.
(4) The board shall review the case plan for each child
in substitute care whose case is assigned to the board by the
court. The review shall take place at times set by the board.
The first review shall occur within ninety days following
commencement of the placement episode. The second
review shall occur within six months following commencement of the placement episode. The final board review shall
occur no later than six months following the second review
unless the child is no longer in substitute care or unless a
guardianship order or adoption decree is entered.
(5) The board shall prepare written findings and
recommendations with respect to:
(a) Whether reasonable efforts were made before the
placement to prevent or eliminate the need for removal of
the child from the home;
(b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be
returned home;
(c) Whether the child has been placed in the leastrestrictive setting appropriate to the child’s needs, including
whether consideration has been given to placement with the
child’s relatives;
(d) Whether there is a continuing need for and whether
the placement is appropriate;
(e) Whether there has been compliance with the case
plan;
(f) Whether progress has been made toward alleviating
the need for placement;
(g) A likely date by which the child may be returned
home or other permanent plan of care may be implemented;
and
(2002 Ed.)
Substitute Care of Children—Review Board System
(h) Other problems, solutions, or alternatives the board
determines should be explored.
(6) Within ten working days following the review, the
board shall send a copy of its findings and recommendations
to the child’s parents and their attorneys, the child’s custodians and their attorneys, mature children and their attorneys,
and the department and other child placement agencies
directly responsible for supervising the child’s placement.
If the child is an Indian as defined in the Indian child
welfare act, 25 U.S.C. 1901 et seq., a copy of the board’s
findings and recommendations shall also be sent to the
child’s Indian tribe.
(7) If the department is unable or unwilling to implement the board recommendations, the department shall
submit to the board, within ten working days after receipt of
the findings and recommendations, an implementation report
setting forth the reasons why the department in unable or
unwilling to implement the board’s recommendations. The
report will also set forth the case plan which the department
intends to implement.
(8) The court shall not review the findings and recommendations of the board in cases where the child has been
placed in substitute care with signed parental consent unless
a dependency petition has been filed and the child has been
taken into custody under RCW 13.34.050. [1993 c 505 § 2;
1989 1st ex.s. c 17 § 12.]
13.70.110 Child in substitute care under dependency proceeding—Procedures—Review. (1) This section
shall apply to cases where a child has been placed in
substitute care pursuant to a proceeding under chapter 13.34
RCW.
(2) Within forty-five days following commencement of
the placement episode, the court shall assign the child’s case
to a board and forward to the board a copy of the dependency petition and any shelter care or dependency disposition
orders which have been entered in the case by the court.
(3) The board shall review the case plan for each child
whose case is assigned to the board by the court. The
review shall take place at times set by the board. The first
review shall occur within ninety days following commencement of the placement episode. The second review shall
occur within six months following commencement of the
placement episode. The next review shall occur within one
year after commencement of the placement episode. Within
twelve months following commencement of the placement
episode, a permanency planning hearing shall be held before
the court in accordance with RCW 13.34.145. Thereafter,
the court shall assign the child’s case for a board review or
a court review hearing pursuant to RCW 13.34.134. A
board review or a court review hearing shall take place at
least once every six months until the child is no longer
within the jurisdiction of the court or no longer in substitute
care or until a guardianship order or adoption decree is
entered. After the permanency planning hearing, a court
review hearing must occur at least once a year as provided
in RCW 13.34.138. The board shall review any case where
a petition to terminate parental rights has been denied, and
such review shall occur as soon as practical but no later than
forty-five days after the denial.
(2002 Ed.)
13.70.100
(4) The board shall prepare written findings and
recommendations with respect to:
(a) Whether reasonable efforts were made before the
placement to prevent or eliminate the need for removal of
the child from the home, including whether consideration
was given to removing the alleged offender, rather than the
child, from the home;
(b) Whether reasonable efforts have been made subsequent to the placement to make it possible for the child to be
returned home;
(c) Whether the child has been placed in the leastrestrictive setting appropriate to the child’s needs, including
whether consideration has been given to placement with the
child’s relatives;
(d) Whether there is a continuing need for placement
and whether the placement is appropriate;
(e) Whether there has been compliance with the case
plan;
(f) Whether progress has been made toward alleviating
the need for placement;
(g) A likely date by which the child may be returned
home or other permanent plan of care may be implemented;
and
(h) Other problems, solutions, or alternatives the board
determines should be explored.
(5) Within ten working days following the review, the
board shall send a copy of its findings and recommendations
to the parents and their attorneys, the child’s custodians and
their attorneys, mature children and their attorneys, other
attorneys or guardians ad litem appointed by the court to
represent children, the department and other child placement
agencies directly responsible for supervising the child’s
placement, and any prosecuting attorney or attorney general
actively involved in the case. If the child is an Indian as
defined in the Indian child welfare act, 25 U.S.C. Sec. 1901
et seq., a copy of the board’s findings and recommendations
shall also be sent to the child’s Indian tribe.
(6) If the department is unable or unwilling to implement the board recommendations, the department shall
submit to the board, within ten working days after receipt of
the findings and recommendations, an implementation report
setting forth the reasons why the department is unable or
unwilling to implement the board’s recommendations. The
report will also set forth the case plan which the department
intends to implement.
(7) Within forty-five days following the review, the
board shall either:
(a) Schedule the case for further review by the board; or
(b) Submit to the court the board’s findings and recommendations and the department’s implementation reports, if
any. If the board’s recommendations are different from the
existing court-ordered case plan, the board shall also file
with the court a motion for a review hearing.
(8) Within ten days of receipt of the board’s written
findings and recommendations and the department’s implementation report, if any, the court shall review the findings
and recommendations and implementation reports, if any.
The court may on its own motion schedule a review hearing.
(9) Unless modified by subsequent court order, the
court-ordered case plan and court orders that are in effect at
the time that a board reviews a case shall remain in full
force and effect. Board findings and recommendations are
[Title 13 RCW—page 103]
13.70.110
Title 13 RCW: Juvenile Courts and Juvenile Offenders
advisory only and do not in any way modify existing court
orders or court-ordered case plans.
(10) The findings and recommendations of the board
and the department’s implementation report, if any, shall
become part of the department’s case file and the court
social file pertaining to the child.
(11) Nothing in this section shall limit or otherwise
modify the rights of any party to a dependency proceeding
to request and receive a court review hearing pursuant to the
provisions of chapter 13.34 RCW or applicable court rules.
[2000 c 122 § 37; 1991 c 127 § 5; 1989 1st ex.s. c 17 § 13.]
13.70.120 Board recommendations. In addition to
reviewing individual cases of children in substitute care,
boards may make recommendations to the court and the
department concerning substitute care services, policies, procedures, and laws. [1989 1st ex.s. c 17 § 14.]
13.70.130 Funds from public and private sources.
The administrator for the courts may apply for and receive
funds from federal, local, and private sources for carrying
out the purposes of this chapter. [1989 1st ex.s. c 17 § 15.]
13.70.140 Review by court. A permanency planning
hearing shall be held before the court in accordance with
RCW 13.34.145. Thereafter, court review hearings shall
occur at least once every six months, under RCW 13.34.138,
until the child is no longer within the jurisdiction of the
court or the child returns home or a guardianship order or
adoption decree is entered. The court may review the case
more frequently upon the court’s own motion or upon the
request of any party to the proceeding. [2000 c 122 § 38;
1993 c 505 § 4; 1989 1st ex.s. c 17 § 16.]
13.70.150 Indian children—Local Indian child
welfare advisory committee may serve as citizen review
board. (1) If a case involves an Indian child, as defined by
25 U.S.C. Sec. 1903 or by department rule or policy, the
court may appoint the local Indian child welfare advisory
committee to serve as the citizen review board for the case
unless otherwise requested by the child’s tribe or by the
local Indian child welfare advisory committee.
(2) The provisions of RCW 13.70.030, 13.70.040,
13.70.050, and 13.70.090(1) shall not apply to cases in
which the court has appointed a committee to serve as a
citizen review board. All other provisions of this chapter
shall apply to such cases.
(3) Within ten days following court appointment of a
committee to serve as a citizen review board for a particular
case, the committee shall notify the court whether the
committee will accept the case for review. If the committee
accepts a case for review, the committee shall conduct the
review in accordance with the requirements of this chapter
except as otherwise provided in this section. If the committee does not accept a case for review, the court shall
immediately reassign the case to an available board.
(4) The requirements of this chapter do not affect tribal
sovereignty and shall not apply to cases involving Indian
children who are under tribal court jurisdiction or wardship.
[1991 c 127 § 1.]
[Title 13 RCW—page 104]
Chapter 13.80
LEARNING AND LIFE SKILLS GRANT PROGRAM
Sections
13.80.010
13.80.020
13.80.030
13.80.040
13.80.050
Purpose.
Definitions.
Program grants.
Rules.
Evaluation.
13.80.010 Purpose. The learning and life skills grant
program is created. The purpose of the program is to
provide services, to the extent funds are appropriated, for
court-involved youth under the age of twenty-one to help the
youth attain the necessary life skills and educational skills to
obtain a certificate of educational competency, obtain
employment, return to a school program, or enter a
postsecondary education or job-training program. [1994 c
152 § 1.]
13.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Court-involved youth" means those youth under the
age of twenty-one who, within the past twenty-four months:
(a) Have served a court-imposed sentence;
(b) Are or have been on probation or parole; or
(c) Are involved in a legal proceeding in which the
youth may be found to have committed a criminal or
juvenile offense and are not participating in a diversion
agreement under RCW 13.40.080.
(2) "Department" means the department of social and
health services. [1994 c 152 § 2.]
13.80.030 Program grants. (1) The learning and life
skills program grants shall be administered by the department.
(2) The department shall select individual school
districts or groups of school districts through an educational
service district that agree to establish a program for courtinvolved youth. To be eligible for grants, the district shall
agree to expend for the program no less than the amount of
state funds received on a full-time equivalent student basis
for the number of full-time equivalent students participating
in the program. The school district shall also transmit to the
program any federal funds received for students participating
in the program. During the 1994-95 school year, only
school districts or educational service districts operating a
program for court-involved youth on or before June 1, 1993,
are eligible for grants.
(3) The department shall grant funds, to the extent funds
are appropriated, to selected districts for the district to
provide or contract for the provision of facilities and case
management and counseling services for students in the
program.
(4) In selecting districts, the department shall require
districts to enter into agreements. Districts participating in
the program shall agree to the following: To serve only
court-involved youth in the program and give priority to
those students who have few other educational options; to
design a program to meet the specific needs of courtinvolved youth generally and the specific needs of individual
(2002 Ed.)
Learning and Life Skills Grant Program
13.80.030
students; to collaborate with the county courts and local
community organizations; and to define program goals
clearly.
(5) The department has the authority to withhold grant
funds if the terms of the agreement are not met.
(6) Selected districts shall establish procedures to keep
daily attendance records for students participating in the
program.
(7) Selected districts shall agree to participate fully in an
evaluation of the program by the department. [1994 c 152
§ 3.]
13.80.040 Rules. The department may adopt rules, as
necessary, to carry out its duties under this program. [1994
c 152 § 4.]
13.80.050 Evaluation. The department shall periodically evaluate the program including but not limited to
providing data on the youth served, the type and extent of
court involvement, the type of services provided, the length
of stay of each student in the program, the academic
progress of the youth, the recidivism rate, and rates of
employment and enrollment in postsecondary education.
[1994 c 152 § 5.]
(2002 Ed.)
[Title 13 RCW—page 105]
Title 14
AERONAUTICS
Chapters
14.07
14.08
14.12
14.16
14.20
14.30
Municipal airports—1941 act.
Municipal airports—1945 act.
Airport zoning.
Aircraft and airman regulations.
Aircraft dealers.
Western regional short haul air transportation compact.
Aeronautics, department of transportation, division of: Chapter 47.68
RCW.
Aircraft excise tax: Chapter 82.48 RCW.
Assessment of air transportation companies for property tax purposes:
Chapter 84.12 RCW.
Lease of county property for airport purposes: RCW 36.34.180.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Recycling: RCW 70.93.095.
Chapter 14.07
MUNICIPAL AIRPORTS—1941 ACT
Sections
14.07.010
14.07.020
14.07.030
General powers—Municipal purpose and public use.
Acquisition of property—Eminent domain—Exemption.
Appropriation of money or conveyance of property to other
municipalities.
14.07.040 Acts ratified and confirmed—Chapter cumulative.
Lease of property for airport purposes
county property: RCW 36.34.180.
port district property: RCW 53.08.080.
Municipal airports—1945 act: Chapter 14.08 RCW.
14.07.010 General powers—Municipal purpose and
public use. Any city, town, port district or county is hereby
authorized and empowered by and through their appropriate
corporate authorities to acquire, maintain and operate, within
or without the boundaries of the counties in which such city,
town or port district is situated, sites and other facilities for
landings, terminals, housing, repair and care of dirigibles,
airplanes, and seaplanes, and seaplanes for the aerial transportation of persons, property and mail or for use of military
and naval aircraft, either jointly with another city, town, port
district, county, the state of Washington, or the United States
of America or severally, and the same is hereby declared to
be a municipal purpose and a public use. [1941 c 21 § 1;
Rem. Supp. 1941 § 2722-8. Prior: 1933 ex.s. c 3 § 1; 1929
c 93 § 1; 1919 c 48 § 1.]
property, including property acquired by tax foreclosure
proceedings, by sale or gift for public use to any city, town,
port district, county, the state of Washington or the United
States of America. Any city, town, port district and county
is hereby empowered to acquire lands and other property for
said purpose by the exercise of the power of eminent domain
under the procedure that is or shall be provided by law for
the condemnation and appropriation of private property for
any of their respective corporate uses, and no property shall
be exempt from such condemnation, appropriation or
disposition by reason of the same having been or being
dedicated, appropriated, or otherwise held to public use:
PROVIDED, HOWEVER, That nothing in this chapter shall
authorize or entitle any city, town, port district or county to
acquire by eminent domain any site or other facilities for
landings, terminals, housing, repair and care of dirigibles,
airplanes, and seaplanes for aerial transportation of persons,
property, mail or military or naval aircraft, now or hereafter
owned by any other city, town, port district or county.
[1941 c 21 § 2; Rem. Supp. 1941 § 2722-9. Prior: 1933
ex.s. c 3 § 1; 1929 c 93 § 1; 1919 c 48 § 1.]
14.07.030 Appropriation of money or conveyance of
property to other municipalities. Any city, town, port
district or county is authorized and empowered by and
through their corporate authorities to appropriate sums of
money and pay the same to any other city, town, port district
or county, or deed and convey property already owned to
such city, town, port district or county, for use in acquiring
and maintaining sites and other facilities for landings,
terminals, housing, repair and care of dirigibles, airplanes
and seaplanes for the aerial transportation of persons,
property, mail or military and naval aircraft and need not
require consideration other than the benefit which may be
derived by the city, town, port district or county on account
of the use therefor and development of such property for
said purposes. [1941 c 21 § 3; Rem. Supp. 1941 § 272210.]
14.07.040 Acts ratified and confirmed—Chapter
cumulative. All acts of any such municipality in the
exercise or attempted exercise of any powers herein conferred are hereby ratified and confirmed. The provisions of
this chapter shall be cumulative and nothing herein contained
shall abridge or limit the powers of the city, town, port
district or county under existing law. [1941 c 21 § 4; Rem.
Supp. 1941 § 2722-11. Prior: 1933 ex.s. c 3 § 1; 1929 c 93
§ 1; 1919 c 48 § 1.]
14.07.020 Acquisition of property—Eminent
domain—Exemption. Such municipalities may also acquire
by purchase, condemnation or lease, lands and other property
for said purpose and dispose of such lands and other
(2002 Ed.)
[Title 14 RCW—page 1]
Chapter 14.08
Title 14 RCW: Aeronautics
Chapter 14.08
MUNICIPAL AIRPORTS—1945 ACT
Sections
14.08.010
14.08.015
14.08.020
14.08.030
Definition—"Municipality."
Definitions.
Airports a public purpose.
Acquisition of property and easements—Eminent domain—
Encroachments prohibited.
14.08.070 Prior acquisition of airport property validated.
14.08.080 Method of defraying cost.
14.08.090 Issuance of bonds—Security.
14.08.100 Raising of funds and disposition of revenue.
14.08.112 Revenue bonds authorized—Purpose—Special fund—
Redemption.
14.08.114 Issuance of funding or refunding bonds authorized.
14.08.116 Port district revenue bond financing powers not repealed or
superseded.
14.08.118 Revenue warrants authorized.
14.08.120 Specific powers of municipalities operating airports.
14.08.122 Adoption of regulations by airport operator for airport rental
and use and collection of charges.
14.08.160 Federal aid.
14.08.190 Establishment of airports on waters and reclaimed land.
14.08.200 Joint operations.
14.08.290 County airport districts authorized.
14.08.300 Governing body of district.
14.08.302 Board of airport district commissioners—Petition—Order
establishing.
14.08.304 Board of airport district commissioners—Members—
Election—Terms—Expenses.
14.08.310 Assistance to other municipalities.
14.08.330 Jurisdiction of municipality over airport and facilities exclusive—Concurrent jurisdiction over adjacent territory—
Fire code enforcement by agreement.
14.08.340 Interpretation and construction.
14.08.350 Severability—1945 c 182.
14.08.360 Short title.
14.08.370 Repeal.
Lease of property for airport purposes
county property: RCW 36.34.180.
port district property: RCW 53.08.080.
Municipal airports—1941 act: Chapter 14.07 RCW.
14.08.010 Definition—"Municipality." (1) For the
purpose of this chapter, unless herein specifically otherwise
provided, the definitions of words, terms and phrases
appearing in the state aeronautic department act of this state
are hereby adopted.
(2) As used in this chapter, unless the context otherwise
requires: "Municipality" means any county, city, town,
airport district, or port district of this state; "airport purposes" means and includes airport, restricted landing area and
other air navigation facility purposes. [1987 c 254 § 3; 1945
c 182 § 1; Rem. Supp. 1945 § 2722-30.]
Reviser’s note: The state aeronautic department act (chapter 252,
Laws of 1945) contained no definitions. It was repealed by chapter 165,
Laws of 1947, codified herein as chapter 47.68 RCW.
14.08.015 Definitions. (1) "Airport charges" means
charges of an airport operator for tie-downs, landing fees, the
occupation of a hangar by an aircraft, and all other charges
owing or to become owing under a contract between an
aircraft owner and an airport operator or under an officially
adopted regulation and/or tariff including, but not limited to,
the cost of sale and related expenses.
[Title 14 RCW—page 2]
(2) "Aircraft" means every species of aircraft or other
mechanical device capable of being used for the purpose of
aerial flight.
(3) "Airport operator" means any municipality as
defined in RCW 14.08.010(2) or state agency which owns
and/or operates an airport.
(4) "Owner" means (a) every natural person, firm,
partnership, corporation, association, trust, estate, or organization, or agent thereof with actual or apparent authority,
who expressly or impliedly contracts for use of airport
property for landing, parking, or hangaring aircraft, and (b)
includes the registered owner or owners and lienholders of
record with the federal aviation administration. [1987 c 254
§ 1.]
14.08.020 Airports a public purpose. The acquisition of any lands for the purpose of establishing airports or
other air navigation facilities; the acquisition of airport
protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation
facilities, and the exercise of any other powers herein
granted to municipalities, are hereby declared to be public,
governmental, county and municipal functions, exercised for
a public purpose, and matters of public necessity, and such
lands and other property, easements and privileges acquired
and used by such municipalities in the manner and for the
purposes enumerated in this chapter shall and are hereby
declared to be acquired and used for public, governmental,
county and municipal purposes and as a matter of public
necessity. [1961 c 74 § 1; 1945 c 182 § 3; Rem. Supp.
1945 § 2722-32.]
14.08.030 Acquisition of property and easements—
Eminent domain—Encroachments prohibited. (1) Every
municipality is hereby authorized, through its governing
body, to acquire property, real or personal, for the purpose
of establishing, constructing, and enlarging airports and other
air navigation facilities and to acquire, establish, construct,
enlarge, improve, maintain, equip, operate, and regulate such
airports and other air navigation facilities and structures and
other property incidental to their operation, either within or
without the territorial limits of such municipality and within
or without this state; to make, prior to any such acquisition,
investigations, surveys, and plans; to construct, install and
maintain airport facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers; and to
purchase and sell equipment and supplies as an incident to
the operation of its airport properties. It may not, however,
acquire or take over any airport or other air navigation
facility owned or controlled by any other municipality of the
state without the consent of such municipality. It may use
for airport purposes any available property that is now or
may at any time hereafter be owned or controlled by it.
Such air navigation facilities as are established on airports
shall be supplementary to and coordinated in design and
operation with those established and operated by the federal
and state governments.
(2) Property needed by a municipality for an airport or
restricted landing area, or for the enlargement of either, or
for other airport purposes, may be acquired by purchase, gift,
(2002 Ed.)
Municipal Airports—1945 Act
devise, lease or other means if such municipality is able to
agree with the owners of said property on the terms of such
acquisition, and otherwise by condemnation in the manner
provided by the law under which such municipality is
authorized to acquire like property for public purposes, full
power to exercise the right of eminent domain for such
purposes being hereby granted every municipality both
within and without its territorial limits. If but one municipality is involved and the charter of such municipality prescribes a method of acquiring property by condemnation,
proceedings shall be had pursuant to the provisions of such
charter and may be followed as to property within or without
its territorial limits. Any title to real property so acquired
shall be in fee simple, absolute and unqualified in any way.
The fact that the property needed has been acquired by the
owner under power of eminent domain, shall not prevent its
acquisition by the municipality by the exercise of the right
of eminent domain herein conferred.
(3) Where necessary, in order to provide unobstructed
air space for the landing and taking off of aircraft utilizing
airports or restricted landing areas acquired or operated
under the provisions of this chapter, every municipality is
authorized to acquire, in the same manner as is provided for
the acquisition of property for airport purposes, easements
through or other interests in air spaces over land or water,
interests in airport hazards outside the boundaries of the
airports or restricted landing areas and such other airport
protection privileges as are necessary to insure safe approaches to the landing areas of said airports or restricted
landing areas and the safe and efficient operation thereof. It
is also hereby authorized to acquire, in the same manner, the
right or easement, for a term of years or perpetually, to place
or maintain suitable marks for the daytime marking and
suitable lights for the nighttime marking of airport hazards,
including the right of ingress and egress to or from such
airport hazards, for the purpose of maintaining and repairing
such lights and marks. This authority shall not be so
construed as to limit any right, power or authority to zone
property adjacent to airports and restricted landing areas
under the provisions of any law of this state.
(4) It shall be unlawful for anyone to build, rebuild,
create, or cause to be built, rebuilt, or created any object, or
plant, cause to be planted or permit to grow higher any tree
or trees or other vegetation, which shall encroach upon any
airport protection privileges acquired pursuant to the provisions of this section. Any such encroachment is declared to
be a public nuisance and may be abated in the manner
prescribed by law for the abatement of public nuisances, or
the municipality in charge of the airport or restricted landing
area for which airport protection privileges have been
acquired as in this section provided may go upon the land of
others and remove any such encroachment without being
liable for damages in so doing. [1945 c 182 § 2; Rem.
Supp. 1945 § 2722-31. Formerly RCW 14.08.030,
14.08.040, 14.08.050, and 14.08.060.]
Reviser’s note: Caption for 1945 c 182 § 2, reads as follows:
"Municipalities may acquire airports."
14.08.070 Prior acquisition of airport property
validated. Any acquisition of property within or without the
limits of any municipality for airports and other air navigation facilities, or of airport protection privileges, heretofore
(2002 Ed.)
14.08.030
made by any such municipality in any manner, together with
the conveyance and acceptance thereof, is hereby legalized
and made valid and effective. [1945 c 182 § 4; Rem. Supp.
1945 § 2722-33.]
14.08.080 Method of defraying cost. The cost of
investigating, surveying, planning, acquiring, establishing,
constructing, enlarging or improving or equipping airports
and other air navigation facilities, and the sites therefor,
including structures and other property incidental to their
operation, in accordance with the provisions of this chapter
may be paid for by appropriation of moneys available
therefor, or wholly or partly from the proceeds of bonds of
the municipality, as the governing body of the municipality
shall determine. The word "cost" includes awards in
condemnation proceedings and rentals where an acquisition
is by lease. [1945 c 182 § 5; Rem. Supp. 1945 § 2722-34.]
Reviser’s note: Caption for 1945 c 182 § 5 reads as follows:
"Purchase price and costs of improvement may be paid from appropriations
or bond issues."
14.08.090 Issuance of bonds—Security. Any bonds
to be issued by any municipality pursuant to the provisions
of this chapter shall be authorized and issued in the manner
and within the limitation prescribed by the Constitution and
laws of this state or the charter of the municipality for the
issuance and authorization of bonds thereof for public
purposes generally, secured by the revenues of the airport, a
mortgage on facilities, or a general tax levy as allowed by
law, if the plan and system resolution are approved by the
secretary of transportation or the state auditor. [1995 c 301
§ 32; 1984 c 7 § 4; 1945 c 182 § 6; Rem. Supp. 1945 §
2722-35.]
Severability—1984 c 7: See note following RCW 47.01.141.
Levy of taxes: Chapter 84.52 RCW.
Public contracts and indebtedness: Title 39 RCW.
14.08.100 Raising of funds and disposition of
revenue. (1) The governing bodies having power to
appropriate moneys within the municipalities in this state for
the purpose of acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports
and other air navigation facilities under the provisions of this
chapter, are hereby authorized to appropriate and cause to be
raised by taxation or otherwise in such municipalities,
moneys sufficient to carry out therein the provisions of this
chapter.
(2) The revenues obtained from the ownership, control
and operation of any such airport or other air navigation
facility shall be used, first, to finance the maintenance and
operating expenses thereof, and, second, to make payments
of interest on and current principal requirements of any
outstanding bonds or certificates issued for the acquisition or
improvement thereof, and to make payment of interest on
any mortgage heretofore made. Revenues in excess of the
foregoing requirements may be applied to finance the
extension or improvement of the airport or other air navigation facilities, and to construct, maintain, lease, and otherwise finance buildings and facilities for industrial or commercial use: PROVIDED, That such portion of the airport
property to be devoted to said industrial or commercial use
[Title 14 RCW—page 3]
14.08.100
Title 14 RCW: Aeronautics
be first found by the governing body to be not required for
airport purposes. [1959 c 231 § 1; 1945 c 182 § 7; Rem.
Supp. 1945 § 2722-36. Formerly RCW 14.08.100,
14.08.110.]
14.08.112 Revenue bonds authorized—Purpose—
Special fund—Redemption. (1) Municipalities, including
any governmental subdivision which may be hereafter authorized by law to own, control and operate an airport or other
air navigation facility, are hereby authorized to issue revenue
bonds to provide part or all of the funds required to accomplish the powers granted them by chapter 14.08 RCW, and
to construct, acquire by purchase or condemnation, equip,
add to, extend, enlarge, improve, replace and repair airports,
facilities and structures thereon including but not being
limited to facilities for the servicing of aircraft and for the
comfort and accommodation of air travelers, and other
properties incidental to the operation of airports and to pay
all costs incidental thereto.
The legislative body of the municipality shall create a
special fund for the sole purpose of paying the principal of
and interest on the bonds of each issue, into which fund the
legislative body shall obligate the municipality to pay an
amount of the gross revenue derived from its ownership,
control, use and operation of the airport and all airport
facilities and structures thereon and used and operated in
connection therewith, including but not being limited to fees
charged for all uses of the airport and facilities, rentals
derived from leases of part or all of the airport, buildings
and any or all air navigation facilities thereon, fees derived
from concessions granted, and proceeds of sales of part or
all of the airport and any or all buildings and structures
thereon or equipment therefor, sufficient to pay the principal
and interest as the same shall become due, and to maintain
adequate reserves therefor if necessary. Revenue bonds and
the interest thereon shall be payable only out of and shall be
a valid claim of the owner thereof only as against the special
fund and the revenue pledged to it, and shall not constitute
a general indebtedness of the municipality.
Each revenue bond and any interest coupon attached
thereto shall name the fund from which it is payable and
state upon its face that it is only payable therefrom; however, all revenue bonds and any interest coupons issued under
RCW 14.08.112 and 14.08.114 shall be negotiable instruments within the provisions and intent of the negotiable
instruments law of this state. Each issue of revenue bonds
may be bearer coupon bonds or may be registered either as
to principal only or as to principal and interest as provided
in RCW 39.46.030; shall be in the denomination or denominations the legislative body of the municipality shall deem
proper; shall be payable at the time or times and at the place
or places as shall be determined by the legislative body;
shall bear interest at such rate or rates as authorized by the
legislative body; shall be signed on behalf of the municipality by the chairman of the county legislative authority, mayor
of the city or town, president of the port commission, and
similar officer of any other municipality, shall be attested by
the county auditor, the clerk or comptroller of the city or
town, the secretary of the port commission, and similar
officer of any other municipality, one of which signatures
may be a facsimile signature, and shall have the seal of the
[Title 14 RCW—page 4]
municipality impressed thereon; any interest coupons attached thereto shall be signed by the facsimile signatures of
said officials. Revenue bonds shall be sold in the manner as
the legislative body of the municipality shall deem best,
either at public or private sale.
The municipality at the time of the issuance of revenue
bonds may provide covenants as it may deem necessary to
secure and guarantee the payment of the principal thereof
and interest thereon, including but not being limited to
covenants to create a reserve fund or account and to authorize the payment or deposit of certain moneys therein for the
purpose of securing or guaranteeing the payment of the
principal and interest, to establish and maintain rates,
charges, fees, rentals and sales prices sufficient to pay the
principal and interest and to maintain an adequate coverage
over annual debt service, to appoint a trustee for the bond
owners and a trustee for the safeguarding and disbursing of
the proceeds of sale of the bonds and to fix the powers and
duties of the trustee or trustees, and to make any and all
other covenants as the legislative body may deem necessary
to its best interest and that of its inhabitants to accomplish
the most advantageous sale possible of the bonds. The
legislative body may also provide that revenue bonds
payable out of the same source or sources may later be
issued on a parity with revenue bonds being issued and sold.
The legislative body of the municipality may include an
amount for working capital and an amount necessary for
interest during the period of construction of the airport or
any facilities plus six months, in the principal amount of any
revenue bond issue; if it deems it to the best interest of the
municipality and its inhabitants, it may provide in any
contract for the construction or acquisition of an airport or
facilities that payment therefor shall be made only in revenue
bonds at the par value thereof.
If the municipality or any of its officers shall fail to
carry out any of its or their obligations, pledges or covenants
made in the authorization, issuance and sale of bonds, the
owner of any bond or the trustee may bring action against
the municipality and/or said officers to compel the performance of any or all of the covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 16; 1970 ex.s. c 56 § 3; 1969
ex.s. c 232 § 2; 1957 c 53 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
14.08.114 Issuance of funding or refunding bonds
authorized. When any municipality has outstanding revenue
bonds or warrants payable solely from revenues derived from
the ownership, control, use and operation of the airport and
all its facilities and structures thereon used and operated in
connection therewith, the legislative body thereof may
provide for the issuance of funding or refunding bonds to
fund or refund outstanding warrants or bonds or any part
thereof at or before maturity, and may combine various
outstanding warrants and various series and issues of
outstanding bonds in the amount thereof to be funded or
refunded and may issue funding or refunding bonds to pay
(2002 Ed.)
Municipal Airports—1945 Act
any redemption premium and interest payable on the
outstanding revenue warrants or bonds being funded or
refunded. The legislative body of the municipality shall
create a special fund for the sole purpose of paying the
principal of and interest on funding or refunding bonds, into
which fund the legislative body shall obligate the municipality to pay an amount of the gross revenue derived from its
ownership, control, use and operation of the airport and all
airport facilities and structures thereon as provided in RCW
14.08.112, sufficient to pay the principal and interest as the
same shall become due, and to maintain adequate reserves
therefor if necessary. Bonds and the interest thereon shall be
payable only out of and shall be a valid claim of the owner
thereof only as against the special fund and the revenue
pledged to it, and shall not constitute a general indebtedness
of the municipality.
The net interest cost to maturity on funding or refunding
bonds shall be at such rate or rates as shall be authorized by
the legislative body.
The municipality may exchange funding or refunding
bonds at par for the warrants or bonds which are being
funded or refunded, or it may sell the funding or refunding
bonds in the manner as it shall deem for the best interest of
the municipality and its inhabitants, either at public or
private sale. Funding or refunding bonds shall be governed
by and issued under and in accordance with the provisions
of RCW 14.08.112 with respect to revenue bonds unless
there is a specific provision to the contrary in this section.
[1983 c 167 § 17; 1970 ex.s. c 56 § 4; 1969 ex.s. c 232 § 3;
1957 c 53 § 2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
14.08.116 Port district revenue bond financing
powers not repealed or superseded. Nothing in RCW
14.08.112 and 14.08.114 shall repeal or supersede revenue
bond financing powers otherwise granted to port districts
under the provisions of chapter 53.40 RCW. [1957 c 53 §
3.]
14.08.118 Revenue warrants authorized. Municipalities, including any governmental subdivision which may be
hereafter authorized by law to own, control and operate an
airport, or other air navigation facility, may issue revenue
warrants for the same purposes for which they may issue
revenue bonds, and the provisions of RCW 14.08.112 as now
or hereafter amended relating to the terms, conditions,
covenants, issuance, and sale of revenue bonds shall be
applicable to such revenue warrants.
Revenue warrants so issued shall not constitute a
general indebtedness of the municipality. [1971 ex.s. c 176
§ 1.]
14.08.120 Specific powers of municipalities operating airports. In addition to the general powers conferred in
this chapter, and without limitation thereof, a municipality
that has established or may hereafter establish airports,
restricted landing areas, or other air navigation facilities, or
(2002 Ed.)
14.08.114
that has acquired or set apart or may hereafter acquire or set
apart real property for that purpose or purposes is authorized:
(1) To vest authority for the construction, enlargement,
improvement, maintenance, equipment, operation, and
regulation thereof in an officer, a board, or body of the
municipality by ordinance or resolution that prescribes the
powers and duties of the officer, board, or body; and the
municipality may also vest authority for industrial and
commercial development in a municipal airport commission
consisting of at least five resident taxpayers of the municipality to be appointed by the governing board of the municipality by an ordinance or resolution that includes (a) the
terms of office, which may not exceed six years and which
shall be staggered so that not more than three terms will
expire in the same year, (b) the method of appointment and
filling vacancies, (c) a provision that there shall be no
compensation but may provide for a per diem of not to
exceed twenty-five dollars per day plus travel expenses for
time spent on commission business, (d) the powers and
duties of the commission, and (e) any other matters necessary to the exercise of the powers relating to industrial and
commercial development. The expense of the construction,
enlargement, improvement, maintenance, equipment, industrial and commercial development, operation, and regulation
are the responsibility of the municipality.
(2) To adopt and amend all needed rules, regulations,
and ordinances for the management, government, and use of
any properties under its control, whether within or outside
the territorial limits of the municipality; to provide fire
protection for the airport, including the acquisition and
operation of fire protection equipment and facilities, and the
right to contract with any private body or political subdivision of the state for the furnishing of such fire protection; to
appoint airport guards or police, with full police powers; to
fix by ordinance or resolution, as may be appropriate,
penalties for the violation of the rules, regulations, and ordinances, and enforce those penalties in the same manner in
which penalties prescribed by other rules, regulations, and
ordinances of the municipality are enforced. For the
purposes of such management and government and direction
of public use, that part of all highways, roads, streets,
avenues, boulevards, and territory that adjoins the limits of
any airport or restricted landing area acquired or maintained
under the provisions of this chapter is under like control and
management of the municipality. It may also adopt and
enact rules, regulations, and ordinances designed to safeguard the public upon or beyond the limits of private airports
or landing strips within the municipality or its police
jurisdiction against the perils and hazards of instrumentalities
used in aerial navigation. Rules, regulations, and ordinances
shall be published as provided by general law or the charter
of the municipality for the publication of similar rules,
regulations, and ordinances. They shall conform to and be
consistent with the laws of this state and the rules of the
state department of transportation and shall be kept in
conformity, as nearly as may be, with the then current
federal legislation governing aeronautics and the regulations
duly promulgated thereunder and the rules and standards
issued from time to time pursuant thereto.
(3) To create a special airport fund, and provide that all
receipts from the operation of the airport be deposited in the
fund, which fund shall remain intact from year to year and
[Title 14 RCW—page 5]
14.08.120
Title 14 RCW: Aeronautics
may be pledged to the payment of aviation bonds, or kept
for future maintenance, construction, or operation of airports
or airport facilities.
(4) To lease airports or other air navigation facilities, or
real property acquired or set apart for airport purposes, to
private parties, any municipal or state government or the
national government, or any department thereof, for operation; to lease or assign to private parties, any municipal or
state government or the national government, or any department thereof, for operation or use consistent with the
purposes of this chapter, space, area, improvements, or
equipment of such airports; to authorize its lessees to
construct, alter, repair, or improve the leased premises at the
cost of the lessee and to reimburse its lessees for such cost,
provided the cost is paid solely out of funds fully collected
from the airport’s tenants; to sell any part of such airports,
other air navigation facilities or real property to any municipal or state government, or to the United States or any
department or instrumentality thereof, for aeronautical
purposes or purposes incidental thereto, and to confer the
privileges of concessions of supplying upon its airports
goods, commodities, things, services, and facilities: PROVIDED, That in each case in so doing the public is not
deprived of its rightful, equal, and uniform use thereof.
(5) Acting through its governing body, to sell or lease
any property, real or personal, acquired for airport purposes
and belonging to the municipality, which, in the judgment of
its governing body, may not be required for aircraft landings,
aircraft takeoffs or related aeronautic purposes, in accordance
with the laws of this state, or the provisions of the charter of
the municipality, governing the sale or leasing of similar
municipally owned property. The municipal airport commission, if one has been organized and appointed under subsection (1) of this section, may lease any airport property for
aircraft landings, aircraft takeoffs, or related aeronautic
purposes. If there is a finding by the governing body of the
municipality that any airport property, real or personal, is not
required for aircraft landings, aircraft takeoffs, or related
aeronautic purposes, then the municipal airport commission
may lease such space, land, area, or improvements, or
construct improvements, or take leases back for financing
purposes, grant concessions on such space, land, area, or
improvements, all for industrial or commercial purposes, by
private negotiation and under such terms and conditions that
seem just and proper to the municipal airport commission.
Any such lease of real property for aircraft manufacturing or
aircraft industrial purposes or to any manufacturer of aircraft
or aircraft parts or for any other business, manufacturing, or
industrial purpose or operation relating to, identified with, or
in any way dependent upon the use, operation, or maintenance of the airport, or for any commercial or industrial
purpose may be made for any period not to exceed seventyfive years, but any such lease of real property made for a
longer period than ten years shall contain provisions requiring the municipality and the lessee to permit the rentals for
each five-year period thereafter, to be readjusted at the
commencement of each such period if written request for
readjustment is given by either party to the other at least
thirty days before the commencement of the five-year period
for which the readjustment is requested. If the parties
cannot agree upon the rentals for the five-year period, they
shall submit to have the disputed rentals for the period
[Title 14 RCW—page 6]
adjusted by arbitration. The lessee shall pick one arbitrator,
and the governing body of the municipality shall pick one,
and the two so chosen shall select a third. After a review of
all pertinent facts the board of arbitrators may increase or
decrease such rentals or continue the previous rate thereof.
The proceeds of the sale of any property the purchase
price of which was obtained by the sale of bonds shall be
deposited in the bond sinking fund. If all the proceeds of
the sale are not needed to pay the principal of bonds remaining unpaid, the remainder shall be paid into the airport
fund of the municipality. The proceeds of sales of property
the purchase price of which was paid from appropriations of
tax funds shall be paid into the airport fund of the municipality.
(6) To determine the charges or rental for the use of any
properties under its control and the charges for any services
or accommodations, and the terms and conditions under
which such properties may be used: PROVIDED, That in
all cases the public is not deprived of its rightful, equal, and
uniform use of the property. Charges shall be reasonable
and uniform for the same class of service and established
with due regard to the property and improvements used and
the expense of operation to the municipality. The municipality shall have and may enforce liens, as provided by law for
liens and enforcement thereof, for repairs to or improvement
or storage or care of any personal property, to enforce the
payment of any such charges.
(7) To exercise all powers necessarily incidental to the
exercise of the general and special powers granted in this
section. [1990 c 215 § 1; 1984 c 7 § 5; 1961 c 74 § 2; 1959
c 231 § 2; 1957 c 14 § 1. Prior: 1953 c 178 § 1; 1945 c
182 § 8; Rem. Supp. 1945 § 2722-37. Formerly RCW
14.08.120 through 14.08.150 and 14.08.320.]
Severability—1984 c 7: See note following RCW 47.01.141.
Continuation of existing law—1957 c 14: "The provisions of section
1 of this act shall be construed as a restatement and continuation of existing
law, and not as a new enactment. It shall not be construed as affecting any
existing right acquired under its provisions, nor as affecting any proceeding
instituted thereunder." [1957 c 14 § 2.]
Validating—1957 c 14: "The provisions of section 1 of this act are
retroactive and any actions or proceedings had or taken under the provisions
of RCW 14.08.120 through 14.08.150 or 14.08.320 are hereby ratified,
validated and confirmed." [1957 c 14 § 3.]
Appointment of police officers by port districts operating airports: RCW
53.08.280.
14.08.122 Adoption of regulations by airport
operator for airport rental and use and collection of
charges. An airport operator may adopt all regulations necessary for rental and use of airport facilities and for the
expeditious collection of airport charges. The regulations
may also establish procedures for the enforcement of these
regulations by the airport operator. The regulations shall
include the following:
(1) Procedures authorizing airport personnel to take
reasonable measures including, but not limited to, the use of
chains, ropes, and locks to secure aircraft within the airport
facility so that the aircraft are in the possession and control
of the airport operator and cannot be removed from the
airport. These procedures may be used if an owner
hangaring or parking an aircraft at the airport fails, after
being notified that charges are owing and of the owner’s
right to contest that such charges are owing, to pay the air(2002 Ed.)
Municipal Airports—1945 Act
port charges owed or to commence legal proceedings.
Notification shall be by registered mail to the owner at his
or her last known address. In the case of an aircraft where
an owner’s address cannot be determined or obtained after
reasonable effort, the airport operator need not give such
notice prior to securing the aircraft. At the time of securing
the aircraft, an authorized airport employee shall attach to
the aircraft a readily visible notice and shall make a reasonable attempt to send a copy of the notice to the owner at his
or her last known address by registered mail, return receipt
requested, and an additional copy of the notice by first class
mail. The notice shall be of a reasonable size and shall
contain the following information:
(a) The date and time the notice was attached;
(b) A reasonable description of the aircraft;
(c) The identity of the authorized employee;
(d) The amount of airport charges owing;
(e) A statement that if the account is not paid in full
within ninety days from the time the notice was attached the
aircraft may be sold at public auction to satisfy the airport
charges;
(f) A statement of the owner’s right to commence legal
proceedings to contest the charges owing and to have the
aircraft released upon posting of an adequate cash bond or
other security; and
(g) The address and telephone number where additional
information may be obtained concerning the release of the
aircraft.
(2) Procedures authorizing airport personnel at their
discretion to move aircraft to an area within the airport
operator’s control or for storage with private persons under
the airport operator’s control as bailees of the airport facility.
Costs of any such procedure shall be paid by the aircraft’s
owner.
(3) If an aircraft is secured under subsection (1) of this
section or moved under conditions authorized by subsection
(2) of this section the owner who is obligated for hangaring
or parking or other airport charges may regain possession of
the aircraft by:
(a) Making arrangements satisfactory with the airport
operator for the immediate removal of the aircraft from the
airport’s hangar, or making arrangements for authorized
parking; and
(b) By making payment to the airport operator of all
airport charges or by posting with the airport operator a
sufficient cash bond or other security acceptable to such
operator, to be held in trust by the airport operator pending
written agreement of the parties with respect to payment by
the aircraft owner of the amount owing, or pending resolution of charges in a civil action in a court of competent
jurisdiction. Upon written agreement or judicial resolution,
the trust shall terminate and the airport operator shall receive
so much of the bond or other security as is necessary to
satisfy the agreement, or any judgment, costs, and interest as
may be awarded to the airport operator. The balance shall
be refunded immediately to the owner at the owner’s last
known address by registered mail, return receipt requested.
The airport operator shall send to the owner by first class
mail a notice that the balance of funds was forwarded to him
or her by registered mail, return receipt requested.
(4) If an aircraft parked or hangared at an airport is
abandoned, the airport operator may authorize the public sale
(2002 Ed.)
14.08.122
of the aircraft by authorized personnel to the highest and
best bidder for cash as follows:
(a) If an aircraft has been secured by the airport
operator under subsection (1) of this section and is not
released to the owner under the bonding provisions of this
section within ninety days after notifying or attempting to
notify the owner under subsection (1) of this section, or in
all other cases, for ninety days after the airport operator
secures the aircraft, the aircraft shall be conclusively
presumed to have been abandoned by the owner;
(b) Before the aircraft is sold, the owner of the aircraft
shall be given at least twenty days’ notice of sale by
registered mail, return receipt requested, if the name and
address of the owner are known, and the notice of sale shall
be published at least once, more than ten but less than
twenty days before the sale, in a newspaper of general
circulation in the county in which the airport is located. The
notice shall include the name of the aircraft, if any, its
aircraft identification number, the last known owner and
address, the time and place of sale, the amount of airport
charges that will be owing at the time of sale, a reasonable
description of the aircraft to be sold and a statement that the
airport operator may bid all or part of its airport charges at
the sale and may become a purchaser at the sale;
(c) Before the aircraft is sold, any person seeking to
redeem an impounded aircraft under this section may
commence a lawsuit in the superior court of the county in
which the aircraft was impounded, to contest the validity of
the impoundment or the amount of airport charges owing.
Such lawsuit must be commenced within ten days of the date
the notification was provided under subsection (1) of this
section, or the right to a hearing is waived and the owner is
liable for any airport charges owing the airport operator. In
the event of litigation, the prevailing party is entitled to
reasonable attorneys’ fees and costs;
(d) The proceeds of a sale under this section shall first
be applied to payment of airport charges owed. The balance,
if any, shall be deposited with the department of revenue to
be held in trust for the owner or owners and lienholders for
a period of one year. If more than one owner appears on the
aircraft title, and/or if any liens appear on the title, the
department must, if a claim is made, interplead the balance
into a court of competent jurisdiction for distribution. The
department may release the balance to the legal owner
provided that the claim is made within one year of sale and
only one legal owner and no lienholders appear on the title.
If no valid claim is made within one year of the date of sale,
the excess funds from the sale shall be deposited in the
aircraft search and rescue, safety, and education account
created in RCW 47.68.236. If the sale is for a sum less than
the applicable airport charges, the airport operator is entitled
to assert a claim against the aircraft owner or owners for the
deficiency;
(e) In the event that no one purchases the aircraft at a
sale, or that the aircraft is not removed from the premises or
other arrangements are not made within ten days of the sale,
title to the aircraft shall revert to the airport operator.
(5) The regulations authorized under this section shall
be enforceable only if:
(a) The airport operator has had its tariff and/or regulations, including any and all regulations authorizing the
impoundment of an aircraft that is the subject of delinquent
[Title 14 RCW—page 7]
14.08.122
Title 14 RCW: Aeronautics
airport charges, conspicuously posted at the airport
manager’s office at all times.[;]
(b) All impounding remedies available to the airport
operator are included in any written contract for airport
charges between an airport operator and an aircraft owner;
and
(c) All rules and regulations authorized under this
section are adopted either pursuant to chapter 34.05 RCW,
or by resolution of the appropriate legislative authority, as
applicable. [1999 c 302 § 1; 1987 c 254 § 2.]
14.08.160 Federal aid. (1) A municipality is authorized to accept, receive, and receipt for federal moneys and
other moneys, either public or private, for the acquisition,
construction, enlargement, improvement, maintenance,
equipment, or operation of airports and other air navigation
facilities and sites therefor, and to comply with the provisions of the laws of the United States and any rules and
regulations made thereunder for the expenditure of federal
moneys upon airports and other air navigation facilities.
(2) The governing body of any municipality is authorized to designate the state secretary of transportation as its
agent to accept, receive, and receipt for federal moneys on
its behalf for airport purposes and to contract for the
acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports or other air
navigation facilities, and may enter into an agreement with
the secretary of transportation prescribing the terms and
conditions of such agency in accordance with federal laws,
rules, and regulations and applicable laws of this state. Such
moneys as are paid over by the United States government
shall be paid over to the municipality under such terms and
conditions as may be imposed by the United States government in making the grant.
(3) All contracts for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or
operation of airports or other air navigation facilities, made
by the municipality itself or through the agency of the state
secretary of transportation, shall be made pursuant to the
laws of this state governing the making of like contracts,
except that where the acquisition, construction, improvement,
enlargement, maintenance, equipment, or operation is
financed wholly or partly with federal moneys, the municipality or the secretary of transportation, as its agent, may let
contracts in the manner prescribed by the federal authorities,
acting under the laws of the United States, and any rules or
regulations made thereunder, notwithstanding any other state
law to the contrary. [1984 c 7 § 6; 1945 c 182 § 9; Rem.
Supp. 1945 § 2722-38. Formerly RCW 14.08.160,
14.08.170, and 14.08.180.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.08.190 Establishment of airports on waters and
reclaimed land. (1) The powers herein granted to a
municipality to establish and maintain airports shall include
the power to establish and maintain such airports in, over
and upon any public waters of this state within the limits or
jurisdiction of or bordering on the municipality, any submerged land under such public waters, and any artificial or
reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land
[Title 14 RCW—page 8]
under such public waters, and as well the power to construct
and maintain terminal buildings, landing floats, causeways,
roadways and bridges for approaches to or connecting with
the airport, and landing floats and breakwaters for the
protection of any such airport.
(2) All the other powers herein granted municipalities
with reference to airports on land are granted to them with
reference to such airports in, over and upon public waters,
submerged land under public waters, and artificial or
reclaimed land. [1945 c 182 § 10; Rem. Supp. 1945 § 272239.]
14.08.200 Joint operations. (1) All powers, rights,
and authority granted to any municipality in this chapter may
be exercised and enjoyed by two or more municipalities, or
by this state and one or more municipalities therein, acting
jointly, either within or outside the territorial limits of either
or any of the municipalities and within or outside this state,
or by this state or any municipality therein acting jointly
with any other state or municipality therein, either within or
outside this state if the laws of the other state permit such
joint action.
(2) For the purposes of this section only, unless another
intention clearly appears or the context requires otherwise,
this state is included in the term "municipality," and all the
powers conferred upon municipalities in this chapter, if not
otherwise conferred by law, are conferred upon this state
when acting jointly with any municipality or municipalities.
Where reference is made to the "governing body" of a
municipality, that term means, as to the state, its secretary of
transportation.
(3) Any two or more municipalities may enter into
agreements with each other, duly authorized by ordinances
or resolution, as may be appropriate, for joint action under
this section. Concurrent action by the governing bodies of
the municipalities involved constitutes joint action.
(4) Each such agreement shall specify its terms; the
proportionate interest which each municipality shall have in
the property, facilities, and privileges involved, and the
proportion of preliminary costs, cost of acquisition, establishment, construction, enlargement, improvement, and
equipment, and of expenses of maintenance, operation, and
regulation to be borne by each, and make such other
provisions as may be necessary to carry out the provisions
of this section. It shall provide for amendments thereof and
for conditions and methods of termination; for the disposition of all or any part of the property, facilities, and privileges jointly owned if the property, facilities, and privileges, or
any part thereof, cease to be used for the purposes provided
in this section or if the agreement is terminated, and for the
distribution of the proceeds received upon any such disposition, and of any funds or other property jointly owned and
undisposed of, and the assumption or payment of any indebtedness arising from the joint venture which remains
unpaid, upon any such disposition or upon a termination of
the agreement.
(5) Municipalities acting jointly as authorized in this
section shall create a board from the inhabitants of the
municipalities for the purpose of acquiring property for,
establishing, constructing, enlarging, improving, maintaining,
equipping, operating, and regulating the airports and other air
(2002 Ed.)
Municipal Airports—1945 Act
navigation facilities and airport protection privileges to be
jointly acquired, controlled, and operated. The board shall
consist of members to be appointed by the governing body
of each municipality involved, the number to be appointed
by each to be provided for by the agreement for the joint
venture. Each member shall serve for such time and upon
such terms as to compensation, if any, as may be provided
for in the agreement.
(6) Each such board shall organize, select officers for
terms to be fixed by the agreement, and adopt and from time
to time amend rules of procedure.
(7) Such board may exercise, on behalf of the municipalities acting jointly by which it is appointed, all the powers
of each of the municipalities granted by this chapter, except
as provided in this section. Real property, airports, restricted
landing areas, air protection privileges, or personal property
costing in excess of a sum to be fixed by the joint agreement, may be acquired, and condemnation proceedings may
be instituted, only by approval of the governing bodies of
each of the municipalities involved. Upon the approval of
the governing body, or if no approval is necessary then upon
the board’s own determination, such property may be
acquired by private negotiation under such terms and conditions as seem just and proper to the board. The total amount
of expenditures to be made by the board for any purpose in
any calendar year shall be determined by the municipalities
involved by the approval by each on or before the preceding
December 1st, of a budget for the ensuing calendar year,
which budget may be amended or supplemented by joint
resolution of the municipalities involved during the calendar
year for which the original budget was approved. Rules and
regulations provided for by RCW 14.08.120(2) become
effective only upon approval of each of the appointing
governing bodies. No real property and no airport, other
navigation facility, or air protection privilege, owned jointly,
may be disposed of by the board by sale except by authority
of all the appointing governing bodies, but the board may
lease space, land area, or improvements and grant concessions on airports for aeronautical purposes, or other purposes
which will not interfere with the aeronautical purposes of
such airport, air navigation facility, or air protection privilege
by private negotiation under such terms and conditions as
seem just and proper to the board, subject to the provisions
of RCW 14.08.120(4). Subject to the provisions of the
agreement for the joint venture, and when it appears to the
board to be in the best interests of the municipalities
involved, the board may sell any personal property by
private negotiations under such terms and conditions as seem
just and proper to the board.
(8) Each municipality, acting jointly with another
pursuant to the provisions of this section, is authorized and
empowered to enact, concurrently with the other municipalities involved, such ordinances as are provided for by
RCW 14.08.120(2), and to fix by such ordinances penalties
for the violation thereof. When so adopted, the ordinances
have the same force and effect within the municipalities and
on any property jointly controlled by them or adjacent thereto, whether within or outside the territorial limits of either or
any of them, as ordinances of each municipality involved,
and may be enforced in any one of the municipalities in the
same manner as are its individual ordinances. The consent
of the state secretary of transportation to any such ordinance,
(2002 Ed.)
14.08.200
where the state is a party to the joint venture, is equivalent
to the enactment of the ordinance by a municipality. The
publication provided for in RCW 14.08.120(2) shall be made
in each municipality involved in the manner provided by law
or charter for publication of its individual ordinances.
(9) Condemnation proceedings shall be instituted, in the
names of the municipalities jointly, and the property acquired
shall be held by the municipalities as tenants in common.
The provisions of RCW 14.08.030(2) apply to such proceedings.
(10) For the purpose of providing funds for necessary
expenditures in carrying out the provisions of this section, a
joint fund shall be created and maintained, into which each
of the municipalities involved shall deposit its proportionate
share as provided by the joint agreement. Such funds shall
be provided for by bond issues, tax levies, and appropriations made by each municipality in the same manner as
though it were acting separately under the authority of this
chapter. The revenues obtained from the ownership, control,
and operation of the airports and other air navigation
facilities jointly controlled shall be paid into the fund, to be
expended as provided in this chapter. Revenues in excess of
cost of maintenance and operating expenses of the joint
properties shall be divided or allowed to accumulate for
future anticipated expenditures as may be provided in the
original agreement, or amendments thereto, for the joint
venture. The action of municipalities involved in heretofore
permitting such revenues to so accumulate is declared to be
legal and valid.
(11) The governing body may by joint directive designate some person having experience in financial or fiscal
matters as treasurer of the joint operating agency. Such a
treasurer shall possess all the powers, responsibilities, and
duties that the county treasurer and auditor possess for a
joint operating agency related to creating and maintaining
funds, issuing warrants, and investing surplus funds. The
governing body may, and if the treasurer is not the county
treasurer it shall, require a bond, with a surety company
authorized to do business in the state of Washington, in an
amount and under the terms and conditions which the
governing body finds will protect the joint operating agency.
The premium on such bond shall be paid by the joint
operating agency. All disbursements from the joint fund
shall be made by order of the board in accordance with such
rules and regulations and for such purposes as the appointing
governing bodies, acting jointly, shall prescribe. If no such
joint directive is made by the governing appointing bodies to
designate a treasurer, then the provisions of RCW 43.09.285
apply to such joint fund.
(12) Specific performance of the provisions of any joint
agreement entered into as provided for in this section may be
enforced as against any party thereto by the other party or
parties thereto. [1987 c 254 § 4; 1984 c 7 § 7; 1967 c 182
§ 1; 1949 c 120 § 1; 1945 c 182 § 11; Rem. Supp. 1949 §
2722-40. Formerly RCW 14.08.200 through 14.08.280.]
Severability—1984 c 7: See note following RCW 47.01.141.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
14.08.290 County airport districts authorized. The
establishment of county airport districts is hereby authorized.
[Title 14 RCW—page 9]
14.08.290
Title 14 RCW: Aeronautics
Written application for the formation of such a district
signed by at least one hundred registered voters, who reside
and own real estate in the proposed districts, shall be filed
with the board of county commissioners. The board shall
immediately transmit the application to the proper registrar
of voters for the proposed district who shall check the
names, residence and registration of the signers with the
records of his office and shall, as soon as possible, certify to
said board the number of qualified signers. If the requisite
number of signers is so certified, the board shall thereupon
place the proposition: "Shall a county airport district be
established in the following area: (describing the proposed
district)?," upon the ballot for vote of the people of the
proposed district at the next election, general or special. If
a majority of the voters on such proposition shall vote in
favor of the proposition, the board, shall, by resolution,
declare the district established. If the requisite number of
qualified persons have not signed the application, further
signatures may be added and certified until the requisite
number have signed and the above procedure shall be thereafter followed.
The area of such district may be the area of the county
including incorporated cities and towns, or such portion or
portions thereof as the board may determine to be the most
feasible for establishing an airport. When established, an
airport district shall be a municipality as defined in this
chapter and entitled to all the powers conferred by this
chapter and exercised by municipal corporations in this state.
The airport district is hereby empowered to levy not more
than seventy-five cents per thousand dollars of assessed
value of the property lying within the said airport district:
PROVIDED, HOWEVER, Such levy shall not be made
unless first approved at any election called for the purpose
of voting on such levy. [1973 1st ex.s. c 195 § 1; 1949 c
194 § 1; 1945 c 182 § 12; Rem. Supp. 1949 § 2722-41.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
14.08.300 Governing body of district. The governing body of a county airport district shall be the board of
county commissioners except as in this chapter provided.
[1951 c 114 § 1; 1945 c 182 § 13; Rem. Supp. 1945 § 272242.]
14.08.302 Board of airport district commissioners—
Petition—Order establishing. One hundred or more
registered voters in any county airport district may make,
sign and file a petition with the board of county commissioners asking that thereafter the airport district be governed by
a board of airport district commissioners. Within ten days
after receipt of such petition, the board of county commissioners shall check the petition. If the petition be found
adequate and to be signed by the prescribed number of legal
voters, the board of county commissioners shall within a
reasonable time call a public hearing, notice of which shall
be given by publication one week in advance thereof in a
newspaper circulating within the district, at which arguments
shall be heard for or against the proposal and if it shall
appear to the county commissioners that the residents of the
district so desire they shall enter an order declaring that the
[Title 14 RCW—page 10]
county airport district shall be governed by a board of three
airport district commissioners. [1951 c 114 § 2.]
14.08.304 Board of airport district commissioners—
Members—Election—Terms—Expenses. The board of
airport district commissioners shall consist of three members.
The first commissioners shall be appointed by the county
legislative authority. At the next general district election,
held as provided in RCW 29.13.020, three airport district
commissioners shall be elected. The terms of office of
airport district commissioners shall be two years, or until
their successors are elected and qualified and have assumed
office in accordance with RCW 29.04.170. Members of the
board of airport district commissioners shall be elected at
each regular district general election on a nonpartisan basis
in accordance with the general election law. Vacancies on
the board of airport district commissioners shall occur and
shall be filled as provided in chapter 42.12 RCW. Members
of the board of airport district commissioners shall receive
no compensation for their services, but shall be reimbursed
for actual necessary traveling and sustenance expenses
incurred while engaged on official business. [1994 c 223 §
4; 1979 ex.s. c 126 § 3; 1951 c 114 § 3.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Nonpartisan primaries and elections: Chapter 29.21 RCW.
14.08.310 Assistance to other municipalities.
Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in
exercising the powers and authority granted by this chapter,
such first-mentioned municipality is expressly authorized and
empowered to furnish such assistance by gift, or lease with
or without rental, of real property, by the donation, lease
with or without rental, or loan, of personal property, and by
the appropriation of moneys, which may be provided for by
taxation or the issuance of bonds in the same manner as
funds might be provided for the same purposes if the
municipality were exercising the powers heretofore granted
in its own behalf. [1945 c 182 § 14; Rem. Supp. 1945 §
2722-43.]
14.08.330 Jurisdiction of municipality over airport
and facilities exclusive—Concurrent jurisdiction over
adjacent territory—Fire code enforcement by agreement.
Every airport and other air navigation facility controlled and
operated by any municipality, or jointly controlled and
operated pursuant to the provisions of this chapter, shall,
subject to federal and state laws, rules, and regulations, be
under the exclusive jurisdiction and control of the municipality or municipalities controlling and operating it. The
municipality or municipalities shall have concurrent jurisdiction over the adjacent territory described in RCW
14.08.120(2). No other municipality in which the airport or
air navigation facility is located shall have any police
jurisdiction of the same or any authority to charge or exact
any license fees or occupation taxes for the operations.
However, by agreement with the municipality operating and
controlling the airport or air navigation facility, a municipality in which an airport or air navigation facility is located
may be responsible for the administration and enforcement
(2002 Ed.)
Municipal Airports—1945 Act
of the uniform fire code, as adopted by that municipality
under RCW 19.27.040, on that portion of any airport or air
navigation facility located within its jurisdictional boundaries. [1985 c 246 § 1; 1945 c 182 § 15; Rem. Supp. 1945
§ 2722-44.]
14.08.340 Interpretation and construction. This act
shall be so interpreted and construed as to make uniform so
far as possible the laws and regulations of this state and
other states and of the government of the United States
having to do with the subject of aeronautics. [1945 c 182 §
17; Rem. Supp. 1945 § 2722-46.]
14.08.350 Severability—1945 c 182. If any provision
of this act or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not
affect the provisions or application of this act which can be
given effect without the invalid provisions or application,
and to this end the provisions of this act are declared to be
severable. [1945 c 182 § 16.]
14.08.360 Short title. This act may be cited as the
"Revised Airports Act." [1945 c 182 § 18.]
14.08.370 Repeal. All acts and parts of acts in
conflict with this act are hereby repealed. [1945 c 182 §
19.]
Chapter 14.12
AIRPORT ZONING
Sections
14.12.010 Definitions.
14.12.020 Airport hazards contrary to public interest.
14.12.030 Power to adopt airport zoning regulations.
14.12.050 Relation to comprehensive zoning regulations.
14.12.070 Procedure for adoption of zoning regulations.
14.12.090 Airport zoning requirements.
14.12.110 Permits and variances.
14.12.140 Board of adjustment.
14.12.180 Administration of airport zoning regulations.
14.12.190 Appeals.
14.12.200 Judicial review.
14.12.210 Enforcement and remedies.
14.12.220 Acquisition of air rights.
14.12.900 Severability—1945 c 174.
14.12.910 Short title.
Municipal airports, subject to county’s comprehensive plan and zoning
ordinances: RCW 35.22.415.
Planning commissions: Chapter 35.63 RCW.
14.12.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Airports" means any area of land or water designed
and set aside for the landing and taking-off of aircraft and
utilized or to be utilized in the interest of the public for such
purposes.
(2) "Airport hazard" means any structure or tree or use
of land which obstructs the airspace required for the flight of
aircraft in landing or taking-off at an airport or is otherwise
hazardous to such landing or taking-off of aircraft.
(2002 Ed.)
14.08.330
(3) "Airport hazard area" means any area of land or
water upon which an airport hazard might be established if
not prevented as provided in this chapter.
(4) "Political subdivision" means any county, city, town,
port district or other municipal or quasi municipal corporation authorized by law to acquire, own or operate an airport.
(5) "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association or
body politic, including the state and its political subdivisions,
and includes any trustee, receiver, assignee, or other similar
representative thereof.
(6) "Structure" means any object constructed or installed
by man, including, but without limitation, buildings, towers,
smokestacks, and overhead transmission lines.
(7) "Tree" means any object of natural growth. [1945
c 174 § 1; Rem. Supp. 1945 § 2722-15.]
14.12.020 Airport hazards contrary to public
interest. It is hereby found that an airport hazard endangers
the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction
type, in effect reduces the size of the area available for the
landing, taking-off and maneuvering of aircraft thus tending
to destroy or impair the utility of the airport and the public
investment therein. Accordingly, it is hereby declared: (1)
That the creation or establishment of an airport hazard is a
public nuisance and an injury to the community served by
the airport in question; (2) that it is therefore necessary in
the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards
be prevented; and (3) that this should be accomplished, to
the extent legally possible, by exercise of the police power,
without compensation. It is further declared that both the
prevention of the creation or establishment of airport hazards
and the elimination, removal, alteration, mitigation, or
marking and lighting of existing airport hazards are public
purposes for which political subdivisions may raise and
expend public funds and acquire land or property interests
therein. [1945 c 174 § 2; Rem. Supp. 1945 § 2722-16.]
14.12.030 Power to adopt airport zoning regulations. (1) In order to prevent the creation or establishment
of airport hazards, every political subdivision having an
airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the
manner and upon the conditions hereinafter prescribed,
airport zoning regulations for such airport hazard area, which
regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and
restrict the height to which structures and trees may be
erected or allowed to grow.
(2) Where an airport is owned or controlled by a
political subdivision and any airport hazard area appertaining
to such airport is located outside the territorial limits of said
political subdivision, the political subdivision owning or
controlling the airport and the political subdivision within
which the airport hazard area is located may, by ordinance
or resolution duly adopted, create a joint airport zoning
board, which board shall have the same power to adopt,
administer and enforce airport zoning regulations applicable
to the airport hazard area in question as that vested by
[Title 14 RCW—page 11]
14.12.030
Title 14 RCW: Aeronautics
subsection (1) in the political subdivision within which such
area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and in addition a chairman
elected by a majority of the members so appointed. [1945
c 174 § 3; Rem. Supp. 1945 § 2722-17. Formerly RCW
14.12.030 and 14.12.040.]
14.12.050 Relation to comprehensive zoning regulations. (1) Incorporation. In the event that a political
subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the
height of buildings, any airport zoning regulations applicable
to the same area or portion thereof, may be incorporated in
and made a part of such comprehensive zoning regulations,
and be administered and enforced in connection therewith.
(2) Conflict. In the event of conflict between any
airport zoning regulations adopted under this chapter and any
other regulations applicable to the same area, whether the
conflict be with respect to the height of structures or trees,
the use of land, or any other matter, and whether such other
regulations were adopted by the political subdivision which
adopted the airport zoning regulations or by some other
political subdivision, the more stringent limitation or requirement shall govern and prevail. [1945 c 174 § 4; Rem.
Supp. 1945 § 2722-18. Formerly RCW 14.12.050 and
14.12.060.]
14.12.070 Procedure for adoption of zoning regulations. (1) Notice and hearing. No airport zoning regulations
shall be adopted, amended, or changed under this chapter
except by action of the legislative body of the political
subdivision in question, or the joint board provided for in
RCW 14.12.030(2), after a public hearing in relation thereto,
at which parties in interest and citizens shall have an
opportunity to be heard. At least fifteen days’ notice of the
hearing shall be published in an official paper, or a paper of
general circulation, in the political subdivision or subdivisions in which is located the airport hazard area to be
zoned.
(2) Airport zoning commission. Prior to the initial
zoning of any airport hazard area under this chapter, the
political subdivision or joint airport zoning board which is to
adopt the regulations shall appoint a commission, to be
known as the airport zoning commission, to recommend the
boundaries of the various zones to be established and the
regulations to be adopted therefor. Such commission shall
make a preliminary report and hold public hearings thereon
before submitting its final report, and the legislative body of
the political subdivision or the joint airport zoning board
shall not hold its public hearings or take other action until it
has received the final report of such commission. Where a
city plan commission or comprehensive zoning commission
already exists, it may be appointed as the airport zoning
commission. [1945 c 174 § 5; Rem. Supp. 1945 § 2722-19.
Formerly RCW 14.12.070 and 14.12.080.]
Public meetings: Chapter 42.30 RCW.
14.12.090 Airport zoning requirements. (1) Reasonableness. All airport zoning regulations adopted under this
chapter shall be reasonable and none shall impose any
[Title 14 RCW—page 12]
requirement or restriction which is not reasonably necessary
to effectuate the purposes of this chapter. In determining
what regulations it may adopt, each political subdivision and
joint airport zoning board shall consider, among other things,
the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport
hazard area, the character of the neighborhood, and the uses
to which the property to be zoned is put and adaptable.
(2) Nonconforming uses. No airport zoning regulations
adopted under this chapter shall require the removal,
lowering, or other change or alteration of any structure or
tree not conforming to the regulations when adopted or
amended, or otherwise interfere with the continuance of any
nonconforming use, except as provided in RCW
14.12.110(3). [1945 c 174 § 6; Rem. Supp. 1945 § 2722-20.
Formerly RCW 14.12.090 and 14.12.100.]
14.12.110 Permits and variances. (1) Permits. Any
airport zoning regulations adopted under this chapter may
require that a permit be obtained before any new structure or
use may be constructed or established and before any existing use or structure may be substantially changed or
substantially altered or repaired. In any event, however, all
such regulations shall provide that before any nonconforming
structure or tree may be replaced, substantially altered or
repaired, rebuilt, allowed to grow higher, or replanted, a
permit must be secured from the administrative agency
authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No permit shall
be granted that would allow the establishment or creation of
an airport hazard or permit a nonconforming structure or tree
or nonconforming use to be made or become higher or
become a greater hazard to air navigation than it was when
the applicable regulation was adopted or than it is when the
application for a permit is made. Except as provided herein,
all applications for permits shall be granted.
(2) Variances. Any person desiring to erect any
structure, or increase the height of any structure, or permit
the growth of any tree, or otherwise use his property in
violation of airport zoning regulations adopted under this
chapter, may apply to the board of adjustment for a variance
from the zoning regulations in question. Such variances
shall be allowed where a literal application or enforcement
of the regulations would result in practical difficulty or
unnecessary hardship and the relief granted would not be
contrary to the public interest but do substantial justice and
be in accordance with the spirit of the regulations and this
chapter: PROVIDED, That any variance may be allowed
subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of
this chapter.
(3) Hazard marking and lighting. In granting any permit
or variance under this section, the administrative agency or
board of adjustment may, if it deems such action advisable
to effectuate the purposes of this chapter and reasonable in
the circumstances, so condition such permit or variance as to
require the owner of the structure or tree in question to
permit the political subdivision, at its own expense, to install,
operate, and maintain thereon such markers and lights as
may be necessary to indicate to flyers the presence of an
(2002 Ed.)
Airport Zoning
14.12.110
airport hazard. [1945 c 174 § 7; Rem. Supp. 1945 § 272221. Formerly RCW 14.12.110, 14.12.120, and 14.12.130.]
delegated to the board of adjustment. [1945 c 174 § 9; Rem.
Supp. 1945 § 2722-23.]
14.12.140 Board of adjustment. (1) All airport
zoning regulations adopted under this chapter shall provide
for a board of adjustment to have and exercise the following
powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative
agency in the enforcement of the airport zoning regulations,
as provided in RCW 14.12.190.
(b) To hear and decide any special exceptions to the
terms of the airport zoning regulations upon which such
board may be required to pass under such regulations.
(c) To hear and decide specific variances under RCW
14.12.110(2).
(2) Where a zoning board of appeals or adjustment
already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of
five members, each to be appointed for a term of three years
by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written
charges and after public hearing.
(3) The concurring vote of a majority of the members
of the board of adjustment shall be sufficient to reverse any
order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any
matter upon which it is required to pass under the airport
zoning regulations, or to effect any variation in such regulations.
(4) The board shall adopt rules in accordance with the
provisions of the ordinance or resolution by which it was
created. Meetings of the board shall be held at the call of
the chairman and at such other times as the board may
determine. The chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance
of witnesses. All hearings of the board shall be public. The
board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent or
failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which
shall immediately be filed in the office of the board and
shall be a public record. [1945 c 174 § 10; Rem. Supp.
1945 § 2722-24. Formerly RCW 14.12.140, 14.12.150,
14.12.160, and 14.12.170.]
14.12.190 Appeals. (1) Any person aggrieved, or
taxpayer affected, by any decision of an administrative
agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of
a political subdivision, or any joint airport zoning board,
which is of the opinion that a decision or [of] such an
administrative agency is an improper application of airport
zoning regulations of concern to such governing body or
board, may appeal to the board of adjustment authorized to
hear and decide appeals from the decisions of such administrative agency.
(2) All appeals taken under this section must be taken
within a reasonable time, as provided by the rules of the
board, by filing with the agency from which the appeal is
taken and with the board, a notice of appeal specifying the
grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was
taken.
(3) An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the agency from which
the appeal is taken certifies to the board, after the notice of
appeal has been filed with it, that by reason of the facts
stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property. In such cases proceedings
shall not be stayed otherwise than by order of the board or
notice to the agency from which the appeal is taken and on
due cause shown.
(4) The board shall fix a reasonable time for the hearing
of appeals, give public notice and due notice to the parties
in interest, and decide the same within a reasonable time.
Upon the hearing any party may appear in person or by
agent or by attorney.
(5) The board may, in conformity with the provisions of
this chapter, reverse or affirm wholly or partly, or modify,
the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision, or
determination as ought to be made, and to that end shall
have all the powers of the administrative agency from which
the appeal is taken. [1945 c 174 § 8; Rem. Supp. 1945 §
2722-22.]
14.12.180 Administration of airport zoning regulations. All airport zoning regulations adopted under this
chapter shall provide for the administration and enforcement
of such regulations by an administrative agency which may
be an agency created by such regulations or any official,
board, or other existing agency of the political subdivision
adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport
zoning board adopting the regulations, if satisfactory to that
political subdivision, but in no case shall such administrative
agency be or include any member of the board of adjustment. The duties of any administrative agency designated
pursuant to this chapter shall include that of hearing and
deciding all permits under RCW 14.12.110(1), but such
agency shall not have or exercise any of the powers herein
(2002 Ed.)
14.12.200 Judicial review. (1) Any person aggrieved,
or taxpayer affected, by any decision of the board of
adjustment, or any governing body of a political subdivision
or any joint airport zoning board which is of the opinion that
a decision of a board of adjustment is illegal, may present to
the superior court of the county in which the airport is
located a verified petition setting forth that the decision is
illegal, in whole or in part, and specifying the grounds of the
illegality. Such petition shall be presented to the court
within thirty days after the decision is filed in the office of
the board.
(2) Upon presentation of such petition the court may
allow a writ of review directed to the board of adjustment to
review such decision of the board. The allowance of the
writ shall not stay proceedings upon the decision appealed
[Title 14 RCW—page 13]
14.12.200
Title 14 RCW: Aeronautics
from, but the court may, on application, on notice to the
board and on due cause shown, grant a supersedeas.
(3) The board of adjustment shall not be required to
return the original papers acted upon by it, but it shall be
sufficient to return certified or sworn copies thereof or of
such portions thereof as may be called for by the writ. The
return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm,
modify, or set aside the decision brought up for review, in
whole or in part, and if need be, to order further proceedings
by the board of adjustment. The findings of fact by the
board, if supported by substantial evidence, shall be accepted
by the court as conclusive, and no objection to a decision of
the board shall be considered by the court unless such
objection shall have been urged before the board, or, if it
was not so urged, unless there were reasonable grounds for
failure to do so.
(5) Costs shall not be allowed against the board of
adjustment unless it appears to the court that it acted with
gross negligence, in bad faith, or with malice, in making the
decision appealed from.
(6) In any case in which airport zoning regulations
adopted under this chapter, although generally reasonable,
are held by a court to interfere with the use or enjoyment of
a particular structure or parcel of land to such extent, or to
be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that
property in violation of the Constitution of this state or the
Constitution of the United States, such holding shall not
affect the application of such regulations to other structures
and parcels of land. [1945 c 174 § 11; Rem. Supp. 1945 §
2722-25.]
14.12.210 Enforcement and remedies. Each violation of this chapter or of any regulations, orders, or rulings
promulgated or made pursuant to this chapter, shall constitute a misdemeanor, and each day a violation continues to
exist shall constitute a separate offense. In addition, the
political subdivision or agency adopting zoning regulations
under this chapter may institute in any court of competent
jurisdiction, an action to prevent, restrain, correct or abate
any violation of this chapter, or of airport zoning regulations
adopted under this chapter, or of any order or ruling made
in connection with their administration or enforcement, and
the court shall adjudge to the plaintiff such relief, by way of
injunction (which may be mandatory) or otherwise, as may
be proper under all the facts and circumstances of the case,
in order fully to effectuate the purposes of this chapter and
of the regulations adopted and orders and rulings made
pursuant thereto. [1945 c 174 § 12; Rem. Supp. 1945 §
2722-26.]
14.12.220 Acquisition of air rights. In any case in
which: (1) It is desired to remove, lower, or otherwise
terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations under
this chapter; or (3) it appears advisable that the necessary
approach protection be provided by acquisition of property
[Title 14 RCW—page 14]
rights rather than by airport zoning regulations, the political
subdivision within which the property or nonconforming use
is located or the political subdivision owning the airport or
served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political
subdivisions are authorized to acquire real property for
public purposes, such air right, avigation casement, or other
estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the
purposes of this chapter. [1945 c 174 § 13; Rem. Supp.
1945 § 2722-27.]
14.12.900 Severability—1945 c 174. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect
the provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1945 c 174 § 14.]
14.12.910 Short title. This act shall be known and
may be cited as the "Airport Zoning Act." [1945 c 174 §
15.]
Chapter 14.16
AIRCRAFT AND AIRMAN REGULATIONS
Sections
14.16.010
14.16.020
14.16.030
14.16.040
14.16.050
14.16.060
14.16.080
14.16.090
Definitions.
Federal licensing of aircraft required.
Federal licensing of airmen.
Possession of license.
Traffic rules.
Penalty.
Downed aircraft rescue transmitter required—Exceptions.
Certain aircraft to carry survival kit—Contents—
Misdemeanor to operate without—Exceptions.
14.16.900 Severability—1929 c 157.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
14.16.010 Definitions. In this chapter "aircraft" means
any contrivance now known or hereafter invented, used, or
designed for navigation of or flight in the air, except a
parachute or other contrivance designed for such navigation
but used primarily as safety equipment. The term "airman"
means any individual (including the person in command and
any pilot, mechanic, or member of the crew) who engages in
the navigation of aircraft while under way and any individual
who is in charge of the inspection, overhauling, or repairing
of aircraft. "Operating aircraft" means performing the
services of aircraft pilot. "Person" means any individual,
proprietorship, partnership, corporation, or trust. "Downed
aircraft rescue transmitter" means a transmitter of a type
approved by the state department of transportation or the
federal aviation administration with sufficient transmission
power and reliability that it will be automatically activated
upon the crash of an aircraft so as to transmit a signal on a
preset frequency so that it will be effective to assist in the
location of the downed aircraft. "Air school" means air
school as defined in RCW 47.68.020(11). [1984 c 7 § 8;
1969 ex.s. c 205 § 1; 1929 c 157 § 1; RRS § 2722-1.]
(2002 Ed.)
Aircraft and Airman Regulations
Severability—1984 c 7: See note following RCW 47.01.141.
14.16.020 Federal licensing of aircraft required.
The public safety requiring and the advantages of uniform
regulation making it desirable in the interest of aeronautical
progress that aircraft operating within this state should
conform with respect to design, construction, and airworthiness to the standards prescribed by the United States
government with respect to navigation of aircraft subject to
its jurisdiction, it shall be unlawful for any person to
navigate any aircraft within this state unless it is licensed
and registered by the department of commerce of the United
States in the manner prescribed by the lawful rules and
regulations of the United States government then in force:
PROVIDED, HOWEVER, That for the first thirty days after
entrance into this state this section shall not apply to aircraft
owned by a nonresident of this state other than aircraft
carrying persons or property for hire, if such aircraft is
licensed and registered and displays identification marks in
compliance with the laws of the state, territory or foreign
country of which its owner is a resident. [1929 c 157 § 2;
RRS § 2722-2.]
Aircraft certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.
14.16.030 Federal licensing of airmen. The public
safety requiring and the advantages of uniform regulation
making it desirable in the interest of aeronautical progress
that a person serving as an airman within this state should
have the qualifications necessary for obtaining and holding
the class of license required by the United States government
with respect to such an airman subject to its jurisdiction, it
shall be unlawful for any person to serve as an airman
within this state unless he have such a license: PROVIDED,
HOWEVER, That for the first thirty days after entrance into
this state this section shall not apply to nonresidents of this
state operating aircraft within this state, other than aircraft
carrying persons or property for hire, if such person shall
have fully complied with the laws of the state, territory or
foreign country of his residence respecting the licensing of
airmen. [1929 c 157 § 3; RRS § 2722-3.]
Airman and airwoman certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.
14.16.040 Possession of license. The certificate of the
license herein required shall be kept in the personal possession of the licensee when he is serving as an airman within
this state, and must be presented for inspection upon the
demand of any passenger, any peace officer of this state, or
any official, manager, or person in charge of any airport or
landing field in this state upon which he shall land. [1929
c 157 § 4; RRS § 2722-4.]
14.16.050 Traffic rules. The public safety requiring
and the advantages of uniform regulation making it desirable
in the interest of aeronautical progress that any person
operating aircraft within this state should conform to the air
traffic rules now or hereafter established by the secretary of
commerce of the United States for the navigation of aircraft
subject to the jurisdiction of the United States, it shall be
unlawful for any person to navigate any aircraft within this
(2002 Ed.)
14.16.010
state otherwise than in conformity with said air traffic rules.
[1929 c 157 § 5; RRS § 2722-5.]
Federal aviation program: Title 49, chapter 20, U.S.C.
14.16.060 Penalty. Any person who violates any
provision of this chapter shall be guilty of an offense
punishable by a fine of not exceeding five hundred dollars
or by imprisonment not exceeding six months, or by both
such fine and imprisonment. [1929 c 157 § 6; RRS § 27226.]
14.16.080 Downed aircraft rescue transmitter
required—Exceptions. Any aircraft used to carry persons
or property for compensation, or any aircraft that is rented
or leased without a pilot, shall be equipped with a fully
functional downed aircraft rescue transmitter and it shall be
unlawful for any person to operate such aircraft without such
a transmitter: PROVIDED, HOWEVER, Nothing in this
section shall apply to (1) instructional flights by an air
school, with the exception of solo flights by students; (2)
aircraft owned by and used exclusively in the service of the
United States government; (3) aircraft registered under the
laws of a foreign country; (4) aircraft owned by the manufacturer thereof while being operated for test or experimental
purposes, or for the purpose of training crews for purchasers
of the aircraft; and (5) aircraft used by any air carrier or
supplemental air carrier operating in accordance with the
provisions of a certificate of public conveyance and necessity
under the provisions of the Federal Aviation Act of 1958,
Public Law 85-726, as amended. [1987 c 273 § 1; 1969
ex.s. c 205 § 2.]
14.16.090 Certain aircraft to carry survival kit—
Contents—Misdemeanor to operate without—Exceptions.
(1) Any aircraft used to carry persons or property for
compensation, or any aircraft that is rented or leased without
a pilot shall be equipped with a survival kit consisting of
those items prescribed by the department of transportation,
which shall include, at least the following: (a) A tube tent
or similar sheltering device; (b) a horn, whistle, or similar
audible device capable of emitting a signal one-quarter of a
mile; (c) a mirror; (d) matches; (e) a candle and/or another
fire-starting device; and (f) survival instruction.
(2) It shall be unlawful for any person to operate such
aircraft without such a survival kit: PROVIDED, HOWEVER, That nothing in this section shall apply to: (a) Instructional flights by an air school, with the exception of solo
flights by students; (b) aircraft owned by and exclusively in
the service of the United States government; (c) aircraft
registered under the laws of a foreign country; (d) aircraft
owned by the manufacturer thereof while being operated for
test or experimental purposes, or for the purpose of training
crews for purchasers of the aircraft; and (e) aircraft used by
any air carrier or supplemental air carrier operating in
accordance with the provisions of a certificate of public
conveyance and necessity under the provisions of the federal
aviation act of 1958, Public Law 85-726, as amended. [1987
c 273 § 2.]
14.16.900 Severability—1929 c 157. If any provision
of this act is declared unconstitutional or the application
[Title 14 RCW—page 15]
14.16.900
Title 14 RCW: Aeronautics
thereof to any person or circumstance is held invalid, the
validity of the remainder of the act and the application of
such provision to other persons and circumstances shall not
be affected thereby. [1929 c 157 § 7.]
Chapter 14.20
AIRCRAFT DEALERS
Sections
14.20.010
14.20.020
14.20.030
14.20.040
14.20.050
14.20.060
Definitions.
Aircraft dealer licensure—Penalty.
Application for license—Contents.
Certificates.
License and certificate fees.
Payment of fees—Fund—Possession and display of licenses
and certificates.
14.20.070 Surety bonds.
14.20.080 Branches and subagencies.
14.20.090 Denial, suspension, revocation of license—Grounds.
14.20.100 Appeal from secretary’s order.
Aircraft excise tax: Chapter 82.48 RCW.
14.20.010 Definitions. When used in this chapter and
RCW 47.68.250 and 82.48.100:
(1) "Person" includes a firm, partnership, or corporation;
(2) "Dealer" means a person engaged in the business of
selling, exchanging, or acting as a broker of aircraft or who
offers for sale two or more aircraft within a calendar year;
(3) "Aircraft" means any weight-carrying device or
structure for navigation of the air, designed to be supported
by the air, but which is heavier than air and is mechanically
driven;
(4) "Secretary" means the secretary of the state department of transportation. [1993 c 208 § 1; 1984 c 7 § 9; 1955
c 150 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.020 Aircraft dealer licensure—Penalty. (1) It
is unlawful for a person to act as an aircraft dealer without
a currently valid aircraft dealer’s license issued under this
chapter. A person acting as an aircraft dealer without a
currently issued aircraft dealer’s license is guilty of a
misdemeanor and shall be punished by either a fine of not
more than one thousand dollars or by imprisonment for not
more than ninety days, or both. A person convicted on a
second or subsequent conviction within a five-year period is
guilty of a gross misdemeanor and shall be punished by
either a fine of not more than five thousand dollars or by
imprisonment for not more than one year, or both. In
addition to, or in lieu of, the penalties provided in this
section, or as a condition to the suspension of a sentence that
may be imposed under this section, the court in its discretion
may prohibit the violator from acting as an aircraft dealer
within the state for such a period as it may determine but not
to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under
this section or as contempt of court.
(2) Any person applying for an aircraft dealer’s license
shall do so at the office of the secretary on a form provided
for that purpose by the secretary. [1993 c 208 § 2; 1984 c
7 § 10; 1983 c 135 § 1; 1955 c 150 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 14 RCW—page 16]
14.20.030 Application for license—Contents.
Applications for an aircraft dealer’s license shall contain:
(1) The name under which the dealer’s business is
conducted and the address of the dealer’s established place
of business;
(2) The residence address of each owner, director, or
principal officer of the aircraft dealer, and, if a foreign
corporation, the state of incorporation and names of its
resident officers or managers;
(3) The make or makes of aircraft for which franchised,
if any;
(4) Whether or not used aircraft are dealt in;
(5) A certificate that the applicant is a dealer having an
established place of business at the address shown on the
application, which place of business is open during regular
business hours to inspection by the secretary or his representatives; and
(6) Whether or not the applicant has ever been denied
an aircraft dealer’s license or has had one which has been
denied, suspended, or revoked. [1984 c 7 § 11; 1955 c 150
§ 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.040 Certificates. During such time as aircraft
are held by a dealer for sale, exchange, delivery, test, or
demonstration purposes solely as stock in trade of the
dealer’s business, an aircraft dealer’s certificate may be used
on the aircraft in lieu of a registration certificate or fee and
in lieu of payment of excise tax. The secretary shall issue
one aircraft dealer’s certificate with each aircraft dealer’s
license. Additional aircraft dealer’s certificates shall be
issued to an aircraft dealer upon request and the payment of
the fee provided in RCW 14.20.050. Nothing contained in
this section, however, may be construed to prevent transferability among dealer aircraft of any aircraft dealer’s
certificate, and the certificate need be displayed on dealer
aircraft only while in actual use or flight. Every aircraft
dealer’s certificate issued expires on December 31st, and
may be renewed upon renewal of an aircraft dealer’s license.
[1984 c 7 § 12; 1955 c 150 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.050 License and certificate fees. The fee for
original aircraft dealer’s license for each calendar year or
fraction thereof is seventy-five dollars, which includes one
aircraft dealer’s certificate and which must be renewed
annually for a fee of seventy-five dollars. Additional aircraft
dealer certificates may be obtained for ten dollars each per
year. If any dealer fails or neglects to apply for renewal of
his license prior to February 1st in each year, his license
shall be declared canceled by the secretary, in which case
any such dealer desiring a license shall reapply and pay a fee
of seventy-five dollars. [1998 c 187 § 1; 1984 c 7 § 13;
1955 c 150 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.060 Payment of fees—Fund—Possession and
display of licenses and certificates. The fees set forth in
RCW 14.20.050 shall be paid to the secretary. The fee for
any calendar year may be paid on and after the first day of
December of the preceding year. The secretary shall give
(2002 Ed.)
Aircraft Dealers
appropriate receipts therefor. The fees collected under this
chapter shall be credited to the aeronautics account of the
transportation fund. The secretary may prescribe requirements for the possession and exhibition of aircraft
dealer’s licenses and aircraft dealer’s certificates. [1998 c
187 § 2; 1984 c 7 § 14; 1955 c 150 § 6.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.070 Surety bonds. Before issuing an aircraft
dealer license, the secretary shall require the applicant to file
with the secretary a surety bond in the amount of twenty-five
thousand dollars running to the state, and executed by a
surety company authorized to do business in the state. The
bond shall be approved by the attorney general as to form
and conditioned that the dealer shall conduct his business in
conformity with the provisions of this chapter, RCW
47.68.250, and 82.48.100. Any person who has suffered any
loss or damage by reason of any act by a dealer which
constitutes ground for refusal, suspension, or revocation of
license under RCW 14.20.090 has a right of action against
the aircraft dealer and the surety upon the bond. Successive
recoveries against the bond shall be permitted, but the
aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. [1984 c 7 § 15; 1983
c 135 § 2; 1983 c 3 § 17; 1955 c 150 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
Surety insurance: Chapter 48.28 RCW.
14.20.080 Branches and subagencies. Every dealer
maintaining a branch or subagency in another city or town
in this state shall be required to have a separate aircraft
dealer’s license for such branch or subagency, in the same
manner as though each constituted a separate and distinct
dealer. [1955 c 150 § 8.]
14.20.060
(7) Been adjudged guilty of a crime that directly relates
to the business of an aircraft dealer and the time elapsed
since the conviction is less than ten years, or had a judgment
entered against the dealer within the preceding five years in
any civil action involving fraud, misrepresentation, or conversion. For the purpose of this section, the term "adjudged
guilty" means, in addition to a final conviction in either a
state or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant’s appearance in
court, the payment of a fine, a plea of guilty, or a finding of
guilt regardless of whether the imposition of the sentence is
deferred or the penalty is suspended. [1984 c 7 § 16; 1983
c 135 § 3; 1983 c 3 § 18; 1955 c 150 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
14.20.100 Appeal from secretary’s order. If the
secretary issues an order that any person is not entitled to an
aircraft dealer’s license or that an existing license should be
suspended or revoked, he shall forthwith notify the applicant
or dealer in writing. The applicant has thirty days from the
date of the secretary’s order to appeal therefrom to the
superior court of Thurston county, which he may do by
filing a notice of the appeal with the clerk of the superior
court and at the same time filing a copy of the notice with
the secretary. [1984 c 7 § 17; 1955 c 150 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 14.30
WESTERN REGIONAL SHORT HAUL AIR
TRANSPORTATION COMPACT
(See chapter 81.96 RCW)
14.20.090 Denial, suspension, revocation of license—
Grounds. The secretary shall refuse to issue an aircraft
dealer’s license or shall suspend or revoke an aircraft
dealer’s license whenever he has reasonable grounds to
believe that the dealer has:
(1) Forged or altered any federal certificate, permit, rating, or license relating to ownership and airworthiness of an
aircraft;
(2) Sold or disposed of an aircraft which he knows or
has reason to know has been stolen or appropriated without
the consent of the owner;
(3) Wilfully misrepresented any material fact in the
application for an aircraft dealer’s license, aircraft dealer’s
certificate, or registration certificate;
(4) Wilfully withheld or caused to be withheld from a
purchaser of an aircraft any document referred to in subsection (1) of this section if applicable, or an affidavit to the
effect that there are no liens, mortgages, or encumbrances of
any type on the aircraft other than noted thereon, if the
document or affidavit has been requested by the purchaser;
(5) Suffered or permitted the cancellation of his bond or
the exhaustion of the penalty thereof;
(6) Used an aircraft dealer’s certificate for any purpose
other than those permitted by this chapter or RCW 47.68.250
and 82.48.100;
(2002 Ed.)
[Title 14 RCW—page 17]
Title 15
AGRICULTURE AND MARKETING
Chapters
15.04
15.08
15.09
15.13
15.14
15.15
15.17
15.19
15.21
15.24
15.26
15.28
15.30
15.35
15.36
15.37
15.44
15.48
15.49
15.53
15.54
15.58
15.60
15.61
15.62
15.64
15.65
15.66
15.70
15.74
15.76
15.80
15.83
15.85
15.86
15.88
15.92
15.100
General provisions.
Horticultural pests and diseases.
Horticultural pest and disease board.
Horticultural plants and facilities—
Inspection and licensing.
Planting stock.
Certified seed potatoes.
Standards of grades and packs.
Ginseng.
Washington fresh fruit sales limitation act.
Washington apple commission.
Tree fruit research act.
Soft tree fruits.
Controlled atmosphere storage of fruits and
vegetables.
Washington state milk pooling act.
Milk and milk products.
Milk and milk products for animal food.
Dairy products commission.
Seed bailment contracts.
Seeds.
Commercial feed.
Fertilizers, minerals, and limes.
Washington pesticide control act.
Apiaries.
Ladybugs and other beneficial insects.
Honey bee commission.
Farm marketing.
Washington state agricultural commodity
boards.
Washington state agricultural commodity
commissions.
Rural rehabilitation.
Hardwoods commission.
Agricultural fairs, youth shows, exhibitions.
Weighmasters.
Agricultural marketing and fair practices.
Aquaculture marketing.
Organic food products.
Wine commission.
Center for sustaining agriculture and natural
resources.
Forest products commission.
Agister and trainer liens: Chapter 60.56 RCW.
Agricultural
labor
exempt from unemployment compensation: RCW 50.04.150.
exemptions for certain workers from minimum wage act: RCW
49.46.010.
processing and marketing associations: Chapter 24.34 RCW.
products, commission merchants, dealers, brokers, etc.: Chapter 20.01
RCW.
Animals
(2002 Ed.)
belonging to another, killing, maiming, or disfiguring: RCW 9A.48.070
through 9A.48.090.
crimes relating to: Chapter 9.08 RCW.
fur farming: Chapter 16.72 RCW.
generally: Title 16 RCW.
larcenous appropriation of livestock: Chapter 9A.56 RCW, RCW
9A.56.100.
Bureau of statistics: Chapter 43.07 RCW.
Burning permits within fire protection district: RCW 52.12.101.
Commission merchants: Chapter 20.01 RCW.
Cooperative associations: Chapter 23.86 RCW.
Crimes
brands and marks: Chapter 9.16 RCW.
relating to animals: Chapter 9.08 RCW.
relating to fires: Chapter 9A.48 RCW.
Crops
liens: Chapter 60.11 RCW.
mortgages: Article 62A.9A RCW.
Dealers in hay or straw, certified vehicle weights required: RCW
20.01.125.
Department of agriculture: Chapters 43.17, 43.23 RCW.
Eggs and egg products: Chapter 69.25 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Farm vehicles, gross weight fees: RCW 46.16.090.
Food, drug, and cosmetic act: Chapter 69.04 RCW.
Food and beverages, worker’s permits: Chapter 69.06 RCW.
Food lockers: Chapter 19.32 RCW.
Fraud in measurement of agricultural products: RCW 9.45.122 through
9.45.126.
Grain
elevators, warehouses, etc.: Title 22 RCW.
warehouse insurance: Chapter 22.09 RCW.
Grain and other commodities, standard grades: Chapter 22.09 RCW.
Grain and terminal warehouses, commodity inspection: Chapter 22.09
RCW.
Granges: Chapter 24.28 RCW.
Grazing ranges: RCW 79.01.244, 79.01.296, chapter 79.28 RCW.
Honey: Chapter 69.28 RCW.
Insect pests and plant diseases: Chapter 17.24 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
Liability of agricultural landowners for injuries to recreation users—
Limitation: RCW 4.24.210.
Liens
agister and trainer: Chapter 60.56 RCW.
chattel, crop liens: Chapter 60.08 RCW.
crop: Chapter 60.11 RCW.
orchards and orchard lands: Chapter 60.16 RCW.
services of sires: Chapter 60.52 RCW.
warehouseman’s: Article 62A.7 RCW.
Mosquito control: Chapter 70.22 RCW.
Motor vehicles
juvenile agricultural driving permits: RCW 46.20.070.
lamps on farm tractors, equipment, etc.: RCW 46.37.160.
Nuisances, agricultural activities: RCW 7.48.300 through 7.48.310.
Orchards and orchard lands, liens: Chapter 60.16 RCW.
[Title 15 RCW—page 1]
Title 15
Title 15 RCW: Agriculture and Marketing
Pest control compact: Chapter 17.34 RCW.
Pesticide application: Chapter 17.21 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Services of sires, lien: Chapter 60.52 RCW.
Soil conservation: Chapter 89.08 RCW.
State international trade fairs: RCW 43.31.800 through 43.31.850.
Swine, garbage feeding: Chapter 16.36 RCW.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
Washington clean air act: Chapter 70.94 RCW.
Weeds
destruction by cities: RCW 35.21.310.
generally: Title 17 RCW.
Weights and measures
generally: Chapter 19.94 RCW.
standards, packages, boxes, etc.: Chapter 19.94 RCW.
Chapter 15.04
GENERAL PROVISIONS
Sections
15.04.010
15.04.090
15.04.110
15.04.120
15.04.150
15.04.160
Definitions.
Lease of unnecessary lands to nonprofit groups—Funds.
Control of predatory birds.
Control of predatory birds—Expenditures and contracts.
Berry harvesting by youthful workers—Legislative finding.
Berry harvesting by youthful workers—Authorized—
Restrictions.
15.04.200 Agricultural development or trade promotion and promotional hosting—Expenditures, approval by commodity commission—Exemption from housing requirements.
15.04.300 Guide to state and federal programs of assistance to farm
families.
15.04.400 Findings—Department’s duty to promote agriculture, protect
public health and welfare.
15.04.402 Department to advance private sector, economic well-being
of agricultural industry.
15.04.410 Declarations of "Washington state grown"—Restrictions—
Violations unlawful—Application of consumer protection act.
15.04.415 Information on product country of origin—Findings—Use of
placards.
Bacon, packaging at retail to reveal quality and leanness, director’s duties:
RCW 69.04.205 through 69.04.207.
15.04.010 Definitions. As used in this title except
where otherwise defined:
"Department" means the department of agriculture.
"Director" means the director of agriculture.
"Person" includes any individual, firm, corporation,
trust, association, cooperative, copartnership, society, any
other organization of individuals, and any other business
unit, device, or arrangement. [1961 c 11 § 15.04.010. Prior:
(i) 1941 c 56 § 3; Rem. Supp. 1941 § 2828-4. (ii) 1941 c
56 § 4; Rem. Supp. 1941 § 2828-5. (iii) 1943 c 150 § 1,
part; 1937 c 148 § 1, part; 1927 c 311 § 1, part; 1921 c 141
§ 1, part; 1915 c 166 § 1, part; Rem. Supp. 1943 § 2839,
part.]
15.04.090 Lease of unnecessary lands to nonprofit
groups—Funds. The director of agriculture may, at his
discretion, for a period of not to exceed ten years, lease state
lands which are now or may hereafter be, under his direction
and control, the retention of which he deems unnecessary for
[Title 15 RCW—page 2]
present state purposes or needs, to any nonprofit group or
organization having educational, agricultural or youth
development purposes. Such leases shall be upon such terms
as the director deems beneficial to the state. All rental funds
received by the director under the provisions of this section
shall be deposited in the fair fund created under RCW
15.76.115. [1998 c 345 § 1; 1961 c 11 § 15.04.090. Prior:
1953 c 119 § 1.]
Severability—1998 c 345: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 345 § 14.]
Effective date—Contingent effective date—1998 c 345: "(1)
Sections 1 through 9, and *16 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect immediately
[April 3, 1998].
(2) Sections 10 through 12 of this act take effect July 1, 2001, if the
repeal of RCW 67.16.100, 67.16.105, and 67.16.170 under section 9 of this
act becomes effective." [1998 c 345 § 15.]
*Reviser’s note: Section 16 of this act was vetoed by the governor.
15.04.110 Control of predatory birds. The director
of the state department of agriculture may control birds
which he determines to be injurious to agriculture, and for
this purpose enter into written agreements with the federal
and state governments, political subdivisions and agencies of
such governments, political subdivisions and agencies of this
state including counties, municipal corporations and associations and individuals, when such cooperation will implement
the control of predatory birds injurious to agriculture. [1961
c 247 § 1.]
15.04.120 Control of predatory birds—Expenditures
and contracts. For the purpose of carrying out the provisions of RCW 15.04.110 the director may make expenditures
and contract for personal services, control materials and
equipment as required to carry out such predatory bird
control functions. [1961 c 247 § 2.]
15.04.150 Berry harvesting by youthful workers—
Legislative finding. The legislature finds that the crops of
berry growers in the state are imperiled by a recent change
in the federal law relating to youthful agricultural workers.
Since the berry harvest season is so short that few migrant
agricultural workers find the trip to this state to pick berries
worth the trouble, the long-established use of younger
pickers must be permitted to the extent where such employment will not interfere with interstate commerce and the
federal law. Further, the legislature finds that such employment is healthful, a good indoctrination for youth in the
work ethic and the role of agriculture in society, and an
opportunity youths welcome to earn extra spending money.
[1975 1st ex.s. c 238 § 1.]
15.04.160 Berry harvesting by youthful workers—
Authorized—Restrictions. (1) An employee engaged to
pick berries in this state outside of school hours for the
school district where such employee is living while so employed may be less than twelve years of age: PROVIDED,
That (a) the employee is employed with the consent of his
parent or person standing in the place of his parent, (b) the
(2002 Ed.)
General Provisions
berries are for sale within the state only, and are not to be
shipped out of the state in any form; (c) the secretary of
agriculture or his designated representative has certified that
there are not sufficient workers available in the immediate
area to harvest the crop without such youthful employees,
and (d) all employees of any employer engaging youthful
employees are paid at the same rate for picking berries.
(2) Each basket, package, or other container containing
berries or berry products picked by an employee under
twelve years of age shall be distinctively marked so as to
insure that the berries do not enter interstate commerce:
PROVIDED HOWEVER, That nothing in RCW 15.04.150
and 15.04.160 shall apply to employers who are exempt
from the federal fair labor standards act. [1975 1st ex.s. c
238 § 2.]
15.04.200 Agricultural development or trade
promotion and promotional hosting—Expenditures,
approval by commodity commission—Exemption from
housing requirements. (1) Under the authority of Article
VIII of the state Constitution as amended, agricultural commodity commission expenditures for agricultural development or trade promotion and promotional hosting by an
agricultural commodities commission under chapters 15.24,
15.28, 15.44, 15.65, 15.66, 15.88, and 16.67 RCW shall be
pursuant to specific budget items as approved by the
agricultural commodity commission at the annual public
hearings on the agricultural commodity commission budget.
(2) Agricultural commodity commissions shall adopt
rules governing promotional hosting expenditures by agricultural commodity commission employees, agents or commissioners. The rules shall identify officials and agents authorized to make expenditures and the objectives of the
expenditures. Individual agricultural commodity commission
commissioners shall make promotional hosting expenditures,
or seek reimbursements for these expenditures, only in those
instances where the expenditures have been approved by the
agricultural commodity commission. All payments and
reimbursements shall be identified and supported on vouchers.
(3) Agricultural commodity commissions shall be
exempt from the requirements of RCW 43.01.090 and
43.19.500 and chapter 43.82 RCW. [1987 c 452 § 16; 1986
c 203 § 24; 1985 c 26 § 1.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Severability—1986 c 203: See note following RCW 15.17.230.
Effective date—Contingency—1985 c 26: "This act shall take effect
January 1, 1986, if the proposed amendment to Article VIII, of the state
Constitution authorizing agricultural commodity assessments for agricultural
development or trade promotion and promotional hosting to be deemed a
public use for a public purpose is validly submitted to and is approved and
ratified by the voters at a general election held in November 1985. If the
proposed amendment is not so approved and ratified, this act shall be null
and void in its entirety." [1985 c 26 § 2.] The proposed constitutional
amendment was approved by the voters on November 5, 1985. See Article
VIII, section 11 of the state Constitution.
15.04.300 Guide to state and federal programs of
assistance to farm families. The department of agriculture
is authorized to develop, in cooperation with Washington
State University and other state agencies, an informational
guide to programs offered by state and federal agencies
(2002 Ed.)
15.04.160
which would be of assistance to farm families. The informational guide shall be made available to farmers and ranchers
through county extension offices, farm organizations, and
other appropriate means. [1987 c 393 § 26.]
15.04.400 Findings—Department’s duty to promote
agriculture, protect public health and welfare. The
history, economy, culture, and the future of Washington state
to a large degree all involve agriculture, which is vital to the
economic well-being of the state. The legislature finds that
farmers and ranchers are responsible stewards of the land,
but are increasingly subjected to complaints and unwarranted
restrictions that encourage, and even force, the premature
removal of lands from agricultural uses.
The legislature further finds that it is now in the
overriding public interest that support for agriculture be
clearly expressed and that adequate protection be given to
agricultural lands, uses, activities, and operations.
The legislature further finds that the department of
agriculture has a duty to promote and protect agriculture and
its dependent rural community in Washington state however,
the duty shall not be construed as to diminish the responsibility of the department to fully carry out its assigned
regulatory responsibilities to protect the public health and
welfare. [1994 c 46 § 9; 1991 c 280 § 1.]
Effective date—1994 c 46: See note following RCW 15.58.070.
15.04.402 Department to advance private sector,
economic well-being of agricultural industry. The
department shall seek to enhance, protect, and perpetuate the
ability of the private sector to produce food and fiber. Additionally, the department shall seek, consistent with its
regulatory responsibilities, to maintain the economic wellbeing of the agricultural industry and its dependent rural
community in Washington state. [1994 c 46 § 10; 1991 c
280 § 2.]
Effective date—1994 c 46: See note following RCW 15.58.070.
15.04.410 Declarations of "Washington state
grown"—Restrictions—Violations unlawful—Application
of consumer protection act. (1) Before being offered for
retail sale in this state, any agricultural commodity, defined
under RCW 15.66.010, that was grown or raised in this state
may be advertised, labeled, described, sold, marked, or
otherwise held out, with the words "Washington state
grown," or other similar language indicating that the product
is from Washington state grown or raised agricultural
commodities.
(2) An agricultural commodity that was not grown or
raised in this state and packages of that product shall not be
advertised, labeled, described, sold, marked, or otherwise
held out as "Washington state grown," or in any way as to
imply that such product is a Washington state grown or
raised agricultural commodity.
(3) It is unlawful for any person to violate this section.
(4) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. Violations of this section are not
reasonable in relation to the development and preservation of
business. A violation of this section is an unfair or decep[Title 15 RCW—page 3]
15.04.410
Title 15 RCW: Agriculture and Marketing
tive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection
act, chapter 19.86 RCW. [1995 c 97 § 1.]
15.04.415 Information on product country of
origin—Findings—Use of placards. (1) The legislature
finds that it is a common practice for consumers to be provided information as to the country [of] origin for many
products available to them for purchase. The legislature
finds that consumers have a right to know the origin of the
fresh fruits and vegetables being offered to them at retail
sale. The legislature finds that there is value to the consumer being able to make an informed buying decision as to
whether the fresh fruit or vegetable was produced under
standards and conditions required in the United States.
Further, the legislature finds that consumers should be given
the ability to make an informed choice to buy fresh fruits
and vegetables that are grown in Washington state as a
means of supporting the economy of the state.
(2) Stores or other businesses offering fresh fruit and
vegetables for retail sale to consumers shall place a placard
on the bin, shelf, or other location the product is displayed
that informs the consumer where the fruit or vegetable was
grown if it was grown in the United States or grown in
Washington. The placard shall indicate that the product was
either "Grown in United States" or "Grown in Washington."
Placards are not required if (a) the product was grown
outside of the United States, or (b) each item in the bin,
shelf, or other location contains a sticker or label that
indicates where the fruit or vegetable product was grown.
[2002 c 40 § 1.]
Chapter 15.08
HORTICULTURAL PESTS AND DISEASES
Sections
15.08.010
15.08.020
15.08.025
15.08.030
15.08.040
15.08.050
15.08.060
15.08.070
15.08.080
15.08.090
15.08.100
15.08.110
15.08.120
15.08.130
15.08.140
15.08.150
15.08.160
15.08.170
15.08.180
15.08.190
15.08.200
15.08.210
15.08.220
15.08.230
15.08.240
Definitions.
Methods of prevention, control and disinfection.
Disinfection of fruit trees—Procedures to be followed.
Duty to disinfect, destroy—Disposal of cuttings.
Authority to enter premises—Interference unlawful.
Condemnation of infected property—Disposal of, unlawful.
Condemnation of infected property—Notice to owner—
Division into classes.
Condemnation of infected property—Use of condemned
fruit, vegetables—Permit.
Condemnation of infected property—Service of notice—
Personal, constructive, substituted.
Condemnation of infected property—Duty to comply—
Inspector’s duty on failure—Lien for costs.
Foreclosure of lien—Sale—Notice of impounding—
Contents.
Sale proceeds—Deficiency—Action to recover.
Record of proceedings—Verified copy as evidence.
Record of premises disinfected—Costs—Lien.
Hearing on costs—Notice—Service.
Payment and release—Order on amount—Priority of lien.
Payment date—Cancellation of lien.
Failure to pay—Conversion into taxes—Use.
Inspection board—Creation—Duties—Powers.
Report of inspection—Nuisance abatement.
Notice of hearing—Service—Adjournments.
Order of abatement.
Appeals—Bond for damages.
Disinfection of public properties.
Dumping infected products, containers, prohibited.
[Title 15 RCW—page 4]
15.08.250
15.08.260
15.08.270
Pest control
Host-free districts—Director’s duties.
Horticultural tax.
Basis for estimating the tax.
compact: Chapter 17.34 RCW.
15.08.010 Definitions. As used in this chapter:
(1) "Supervisor" means an assistant director known as
the supervisor of plant industry.
(2) "Horticultural premises" includes orchards, vineyards, nurseries, berry farms, vegetable farms, cultivated
cranberry marshes, packing houses, dryhouses, warehouses,
depots, docks, cars, vessels and other places where nursery
stock, fruits, vegetables and other horticultural products are
grown, stored, packed, shipped, held for shipment or
delivery, sold or otherwise disposed of.
(3) "Nursery stock" includes, but is not limited to, any
horticultural, floricultural, viticultural, and vegetable plant,
for planting, propagation or ornamentation, growing or
otherwise, including cut plant material.
(4) "Pests and diseases" means, but is not limited to,
any living stage of any insect, mite, nematode, slug, snail,
protozoa, or other invertebrate animal, bacteria, fungus, other
parasitic plant, weed, or reproductive part thereof, virus or
any organism similar to or allied with any of the foregoing,
or any infectious substance, which can directly or indirectly
injure or cause disease or damage in or to any plant or parts
thereof, or any processed, manufactured, or other products of
plants.
(5) "Nuisance" means any plant, produce or property
found in any commercial area upon which is found any pest
or disease that is or may be a source of infestation of other
properties.
(6) "Commercial area" means a district where any
horticultural product is being produced to the extent that a
producer is dependent thereon, in whole or in part, for his
livelihood.
(7) "Infect," and its derivatives "infected," "infecting,"
and "infection," means affected by or infested with pests or
diseases as above defined.
(8) "Disinfect," and its derivatives, means the control,
cure, or eradication of such pests or diseases by cutting or
destroying infected parts or the application of effective
pesticides. [1981 c 296 § 4; 1961 c 11 § 15.08.010. Prior:
(i) 1943 c 150 § 1, part; 1937 c 148 § 1, part; 1927 c 311 §
1, part; 1921 c 141 § 1, part; 1915 c 166 § 1, part; Rem.
Supp. 1943 § 2839, part. (ii) 1941 c 20 § 2; Rem. Supp.
1941 § 2849-1b. (iii) 1941 c 20 § 3; Rem. Supp. 1941 §
2849-1c. (iv) 1941 c 20 § 4; Rem. Supp. 1941 § 2849-1d.
(v) 1923 c 37 § 3, part; 1921 c 141 § 4, part; 1915 c 166 §
5, part; RRS § 2843, part.]
Severability—1981 c 296: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 296 § 40.]
15.08.020 Methods of prevention, control and
disinfection. The following methods shall be used for the
prevention, control or disinfection of pests and diseases:
(1) Bacterial diseases, removal and destruction of
infected plant or part thereof, care being used to disinfect
removal tools to prevent infection therefrom;
(2) Fungus diseases, spraying with effective fungicide;
(2002 Ed.)
Horticultural Pests and Diseases
(3) Chewing or sucking insect pests, spraying with
effective insecticide;
(4) Fungus insect pests, spraying with other effective
solutions or emulsions described in circulars issued by the
director. [1961 c 11 § 15.08.020. Prior: 1923 c 37 § 3,
part; 1921 c 141 § 4, part; 1915 c 166 § 5, part; RRS §
2843, part.]
15.08.025 Disinfection of fruit trees—Procedures to
be followed. The method for disinfecting fruit trees required
to be disinfected under the provisions of this chapter shall be
as prescribed in the official published recommendations of
the Washington State University for the proper prevention,
control and eradication of pests and diseases of fruit trees.
Whenever specific recommendations for disinfecting
fruit trees are not set forth in the official published recommendations of the Washington State University, the generally
accepted horticultural practices for the prevention, control
and eradication of any pests and diseases in the producing
area shall be used.
The burden of proving that the proper procedures as set
forth in this section have been followed shall be upon the
person ordered to disinfect fruit trees.
The disinfection of fruit trees as in this section set forth
shall in no way limit the authority of the inspection board to
determine that such fruit trees constitute a nuisance and thus
shall be subject to removal as provided for in this chapter.
[1981 c 296 § 5; 1965 c 27 § 2.]
Severability—1981 c 296: See note following RCW 15.08.010.
Purpose—1965 c 27: "The production of tree fruits in the state of
Washington is a major agricultural industry promoting the general economic
welfare of the state and beneficial to the health of the public. The proper
maintenance of fruit tree orchards to insure the continued and increased
benefits to the health and welfare of the state makes it necessary to prevent,
eradicate and control any pests or diseases which are or may be injurious
to such fruit trees and the produce therefrom. Such prevention, eradication
and control of pests and diseases which are or may be injurious to fruit trees
and their crops may require chemical or biological control or removal of
host trees which may be hosts and breeding places for such diseases and
pests. The provisions of this act are adopted under the police power of the
state for the purpose of protecting its health and general welfare, presently
and in the future." [1965 c 27 § 1.]
15.08.030 Duty to disinfect, destroy—Disposal of
cuttings. It is the duty of every owner, shipper, consignee,
or other person in charge of fruits, vegetables, or nursery
stock, and the owner, lessee, or occupant of horticultural
premises, to use sufficient methods of prevention to keep
said properties free from infection by pests or disease. In
event any of said properties become infected it is the duty of
said persons to use effective methods to control or destroy
the infection by disinfection as in this chapter defined. All
fruits, vegetables and nursery stock which cannot be successfully disinfected shall be promptly destroyed.
In counties where black stem rust infection occurs every
owner or person in charge of premises on which barberry
bushes of the rust-producing varieties are growing shall
forthwith destroy such bushes.
Within forty-eight hours after removal of any cuttings
or prunings from bacterially infected trees or plants infected
with fruit tree leaf roller egg clusters the person removing
same shall disinfect or destroy them by burning or scorching.
[1961 c 11 § 15.08.030. Prior: (i) 1927 c 311 § 3; 1923 c
(2002 Ed.)
15.08.020
37 § 2; 1915 c 166 § 4; RRS § 2842. (ii) 1921 c 141 § 8;
1915 c 166 § 18; RRS § 2856.]
15.08.040 Authority to enter premises—Interference
unlawful. The director, supervisor and horticultural inspectors are authorized to at any time enter horticultural premises
and any structure where fruit, vegetables, nursery stock, or
horticultural products are grown or situated for any purpose,
to inspect the same for infection.
No person shall hinder or interfere with any such officer
in entering or inspecting or performing any duty imposed
upon him. [1961 c 11 § 15.08.040. Prior: 1915 c 166 § 9;
RRS § 2847.]
15.08.050 Condemnation of infected property—
Disposal of, unlawful. If the premises or property inspected
is found to be infected the inspecting officer shall condemn
the same and serve upon the owner or person in charge
thereof a written notice of the condemnation, describing the
premises or property with reasonable certainty, and ordering
the infected portion to be disinfected, or to be destroyed if
incapable of disinfection, within a time and in a manner
stated therein, and giving notice that if the order is not
complied with in the time stated, the officer will disinfect or
destroy the property and charge the expense thereof to the
owner or against the premises.
No person shall ship, sell, or otherwise dispose of or
part with possession of, or transport, any such condemned
property until all requirements of said notice and order are
complied with and written permit of the inspector so to do
is issued. [1961 c 11 § 15.08.050. Prior: 1943 c 150 § 4,
part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919
c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943
§ 2848, part.]
15.08.060 Condemnation of infected property—
Notice to owner—Division into classes. Said notice of
condemnation shall also grant permission to the owner or
person in charge of infected fruit, vegetables, or nursery
stock to divide the same into classes:
(1) The portion not infected;
(2) The infected portion which is capable of successful
disinfection; and
(3) The infected portion which is incapable of successful
disinfection and must be destroyed.
Said notice shall require the owner or person to disinfect
class (2) and destroy class (3) within the time stated. [1961
c 11 § 15.08.060. Prior: 1943 c 150 § 4, part; 1929 c 150
§ 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2,
part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
15.08.070 Condemnation of infected property—Use
of condemned fruit, vegetables—Permit. In the case of
fruit or vegetables which cannot be successfully disinfected
the inspector may grant to the owner or person in charge
thereof a written permit to use the condemned products for
stock feed, or manufacture the same into byproducts, or ship
them to a byproduct factory; and it is unlawful for the
person receiving such permit to sell or dispose of such
products without first having the same manufactured into a
byproduct or shipped to a byproduct factory, or to divert any
[Title 15 RCW—page 5]
15.08.070
Title 15 RCW: Agriculture and Marketing
such shipment when made, or for the consignee of such
shipment to sell or dispose of the same until it is manufactured into a byproduct. [1961 c 11 § 15.08.070. Prior:
1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108
§ 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part;
Rem. Supp. 1943 § 2848, part.]
15.08.080 Condemnation of infected property—
Service of notice—Personal, constructive, substituted.
Personal service of said notice shall be made upon the person in possession or in charge of said premises or property
if possible. If such person is not the owner, or personal
service cannot be made on such person, then a copy of the
notice shall be mailed or telegraphed to the owner at his
home or post office address if known or can with reasonable
diligence be ascertained. If personal service cannot be made
upon any person in possession or charge of the premises or
property and the name and address of the owner thereof are
not known or cannot be so ascertained, then the notice shall
be served by posting the same in some conspicuous place on
the premises where the property to be disinfected or destroyed is situated, which service by posting shall be
construed to be constructive personal service upon such
owner. If the name and address of the owner are not known
or cannot be so ascertained, service upon the person in
possession or charge of the premises or property shall constitute substituted personal service upon the owner, in the
absence of fraud or gross neglect. [1961 c 11 § 15.08.080.
Prior: 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s.
c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10,
part; Rem. Supp. 1943 § 2848, part.]
15.08.090 Condemnation of infected property—
Duty to comply—Inspector’s duty on failure—Lien for
costs. Except as hereinabove provided, upon service of said
notice the owner or person in possession or charge of the
premises or property shall comply with its terms within the
time specified. In case of their failure so to do, the inspector
may enter the premises and perform or cause to be performed the services required in the notice. He shall keep an
accurate account of the expense of performing said services,
which shall become a lien on the premises or property which
may be foreclosed in the manner herein provided. The lien
on personal property shall have preference over all other
liens.
If the inspector has not disinfected or destroyed the
property it may be declared a nuisance as herein provided
and treated as such. [1961 c 11 § 15.08.090. Prior: (i)
1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108
§ 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part;
Rem. Supp. 1943 § 2848, part. (ii) 1943 c 150 § 5; 1935 c
168 § 4; 1931 c 27 § 2; 1927 c 311 § 4; 1915 c 166 § 11;
Rem. Supp. 1943 § 2849.]
15.08.100 Foreclosure of lien—Sale—Notice of
impounding—Contents. The officer disinfecting personal
property may enforce the lien thereon provided for in RCW
15.08.090 by impounding and selling the property. He shall
give notice of the impounding and proposed sale by posting
a written notice in a conspicuous place upon the premises
where the property is impounded and serve said notice upon
[Title 15 RCW—page 6]
the owner or person in charge of the property in the manner
provided for service of notice to disinfect in RCW
15.08.080. Said notice shall state that the property, describing it with reasonable certainty, has been impounded, where
it is situated, the amount of costs and expenses charged
against it, and that unless same are paid within a specified
time the property will be sold to satisfy said charges,
accrued transportation and storage charges, if any, and costs
of sale. Said specified time shall not be less than ten days
after giving of the notice, except that immediate sale may be
made of perishable fruits or vegetables. [1961 c 11 §
15.08.100. Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
15.08.110 Sale proceeds—Deficiency—Action to
recover. Such sales may be either at public auction or
private sale, whichever, in the sound discretion of the officer, will be to the best interests of the state and owner of the
property. The proceeds thereof shall be applied to payment
of: First, costs of sale; second, expenses of disinfection;
third, accrued transportation and storage charges. The
balance, if any, shall be paid to the owner.
Should such proceeds be insufficient to pay the costs of
sale and expenses of disinfection, the deficiency may be
recovered from the owner or person in charge in an action
brought in the name of the state on the relation of the director by the prosecuting attorney of the county when directed
to do so by the attorney general. [1961 c 11 § 15.08.110.
Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
15.08.120 Record of proceedings—Verified copy as
evidence. The inspector shall make and sign a record of the
proceedings, stating the name of the owner or reputed owner
of the property, if known; location of the property, date of
inspection and the results thereof; date and manner of giving
notice to disinfect; failure to disinfect; disinfection by the
inspector; the cost thereof in detail; date and manner of
giving notice of impounding and sale; date, place, and
manner of sale; name of the purchaser; and amount of the
proceeds and disposition thereof.
Upon demand of the owner or person in charge of the
property, the inspector shall furnish him with a verified copy
of the record, and tender him the balance of the proceeds.
If no demand is made within thirty days of the sale, or if the
tender is refused, the inspector shall file a verified copy of
the record with and remit any balance of the proceeds to the
director, and if it is not claimed by the owner within six
months, it shall be deposited in the state treasury.
The record or a verified copy thereof shall be admissible
in evidence as prima facie evidence of the truth of its
contents. [1961 c 11 § 15.08.120. Prior: 1915 c 166 § 12,
part; RRS § 2850, part.]
15.08.130 Record of premises disinfected—Costs—
Lien. The inspector disinfecting any horticultural premises
shall make and sign a detailed record of the proceedings,
stating the legal description of the premises; give the name
of the owner or reputed owner; the date of inspection and
the results thereof; date and manner of giving notice to
disinfect; failure to disinfect; disinfection by the inspector;
and the cost thereof in detail. If the cost is not paid within
five days from the completion of the disinfecting, the in(2002 Ed.)
Horticultural Pests and Diseases
spector shall file with the auditor of the county in which the
premises are situated two verified copies of the above
record, and a claim of lien against the premises for the
amount of the costs and therein refer to the record, which
the auditor shall record as other lien claims. The auditor
shall charge the same fees as are charged for filing and
recording other liens. [1961 c 11 § 15.08.130. Prior: 1927
c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part;
RRS § 2852, part.]
15.08.140 Hearing on costs—Notice—Service. The
county auditor shall forthwith issue warrants in payment of
the labor employed in the work, and thereupon the county
shall be subrogated to all rights of the laborers so paid. He
shall fix the day for hearing on the record before the county
commissioners, which shall be not less than twenty days
from the date of filing. He shall prepare a notice directed to
the owner or reputed owner of the premises of the filing of
the record and claim and the hearing thereon, the time and
place of the hearing and the amount of the claim. The
sheriff shall serve the notice in the manner provided for
service of the notice to disinfect, and file with the auditor
before the hearing, his return of service and the amount of
his fees, which shall be the same as for service of summons
in civil proceedings. [1961 c 11 § 15.08.140. Prior: 1927
c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part;
RRS § 2852, part.]
15.08.150 Payment and release—Order on
amount—Priority of lien. If before or at the hearing the
amount of the claim and the auditor’s and sheriff’s fees are
paid to the county treasurer, he shall deliver to the auditor a
duplicate receipt of the payment and the auditor shall cancel
the lien and notify the county commissioners thereof. The
treasurer shall pay the funds to the persons entitled thereto
as appears from the records in the auditor’s office.
If payment is not made, the auditor shall present to the
board of county commissioners a verified copy of the record
and claim, which shall be accepted in any proceeding as
prima facie evidence of the truth of the contents thereof.
The board shall receive and consider the record and claim
and all sworn testimony offered, and shall enter an order
fixing the amount of the claim and costs, and direct the
amount paid from the current expense fund, and the auditor
shall draw warrants therefor. The auditor shall record the
order in his office as other lien claims and it shall be a lien
against the premises in favor of the county, and shall bear
interest at six percent per year from the date of the order.
[1961 c 11 § 15.08.150. Prior: 1927 c 311 § 5, part; 1921
c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
15.08.160 Payment date—Cancellation of lien. The
lien and interest may be paid on or before the first Monday
in October following the entry of the order, upon presenting
to the treasurer, a statement from the auditor showing the
amount due. Upon payment the treasurer shall stamp the
statement and file it in his records, and shall issue a receipt
to the person making the payment, showing payment and
shall deliver a duplicate to the auditor, who shall then cancel
the lien. [1961 c 11 § 15.08.160. Prior: 1927 c 311 § 5,
(2002 Ed.)
15.08.130
part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS §
2852, part.]
15.08.170 Failure to pay—Conversion into taxes—
Use. If the lien and interest are not paid on or before such
first Monday in October the commissioners, when levying
taxes for the ensuing year, shall also levy on the premises
covered by the lien, a tax for the amount of the lien and
interest, together with a penalty of six percent, which tax
shall be collected as other taxes for current expenses. The
auditor shall then cancel the lien and note thereon that the
amount thereof has been charged against the premises as
taxes.
The tax shall be credited to the current expense fund
and used to defray the expense of horticultural inspection
and disinfection in the county, whether or not such expenditure has been included in the estimates made in the current
county budget. [1961 c 11 § 15.08.170. Prior: 1927 c 311
§ 5, part; 1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS
§ 2852, part.]
15.08.180 Inspection board—Creation—Duties—
Powers. If a horticultural inspector finds premises or
property infected, he shall make a written report thereof to
the inspector-at-large in his district stating the disease or
infestation found, the estimated extent thereof, and whether
in his opinion it is or will become a nuisance. Upon receipt
of the report the inspector-at-large shall appoint a person
residing within three miles of the said premises or property
and who is a grower of horticultural products which could be
infected from said premises or property, and who, with the
inspector-at-large or someone delegated by him from his
department, shall appoint a third person likewise a grower of
agricultural products which could be so infected. Said three
persons shall constitute an inspection board whose duty shall
be to forthwith examine the infested premises or property so
as to determine whether same or any part thereof is infested
with any pest or disease named in RCW 15.08.010.
The board members shall have the same power of entry
and inspection as the director, supervisor or horticultural
inspector and shall be compensated at the rate of four dollars
per day to be paid from the county current expense budget
for horticulture. [1961 c 11 § 15.08.180. Prior: (i) 1941 c
20 § 5; 1915 c 166 § 6; Rem. Supp. 1941 § 2849-1e. (ii)
1941 c 20 § 7, part; Rem. Supp. 1941 § 2849-1g, part.]
15.08.190 Report of inspection—Nuisance abatement. Said board shall make a written report to the inspector-at-large of its findings, signed under oath by a majority
of its members and stating:
(1) Whether said premises or a part thereof are infested,
(2) If infested, the nature and extent of infestation, and
(3) Whether the infestation constitutes a nuisance. If the
report shows the premises infested and constituting a
nuisance, it and the findings of the inspector, shall be
transmitted forthwith to the prosecuting attorney of the
county. Within five days the prosecuting attorney shall file
in the superior court a petition, signed and verified by him,
describing the premises or property, giving the names of the
owners, encumbrancers and other persons interested therein,
as ascertained from the county records, containing a recital
[Title 15 RCW—page 7]
15.08.190
Title 15 RCW: Agriculture and Marketing
of the proceedings taken under RCW 15.08.050, 15.08.060,
15.08.070, 15.08.080, 15.08.090, and 15.08.180, and praying
for an order declaring the premises or property to be a
nuisance. Said report of the inspection board shall be attached to the petition as an exhibit and made a part thereof.
[1961 c 11 § 15.08.190. Prior: 1941 c 20 §§ 6, 7, part, 8;
Rem. Supp. §§ 2849-1f, 2849-1g, part, 2849-1h.]
15.08.200
Notice of hearing—Service—
Adjournments. A notice containing a description of the
premises, stating the objects and purposes of the petition and
the time and place of presentation of the petition to the
court, shall be served upon every person named as interested
in the premises at least five days prior to the time of
presentation. Service of the notice shall be as nearly as
possible in the manner provided by law for service of
summons in a civil action, except that if service is had by
publication the period of publication shall be two weekly
publications in a newspaper published or of general circulation in the county, and the service shall be deemed completed on the expiration of fifteen days after the date of the first
publication.
Proof of service may be made by affidavit of the person
serving or publishing the notice and shall be filed with the
clerk of the court on or before the time of presentation of the
petition.
On application of any party or its own motion the court
may adjourn the hearing from time to time, and may order
new or further notice to be given any person whose interest
may be affected. [1961 c 11 § 15.08.200. Prior: (i) 1941
c 20 § 9; 1937 c 71 § 2; Rem. Supp. § 2849-2. (ii) 1937 c
71 § 3; RRS § 2849-3.]
15.08.210 Order of abatement. At the hearing there
must be competent proof that all parties interested in the
premises or property have been duly served with said notice,
and that the procedure prescribed in RCW 15.08.050,
15.08.060, 15.08.070, 15.08.080, 15.08.090, and 15.08.180
has been duly followed. The report of the inspection board
shall be prima facie evidence that the premises are infested
and constitute a nuisance. If there is no showing that said
board acted in a capricious, arbitrary or unfair manner, the
court shall accept the recommendation of said board and
forthwith decree the plants, produce or property on the
premises to constitute a nuisance and order the inspector-atlarge of the district and the county commissioners to destroy
the same, or abate the nuisance in such other manner as the
court may direct.
The costs of destruction or abatement, and of the
proceedings shall be taxed against the defendants therein.
[1961 c 11 § 15.08.210. Prior: (i) 1941 c 20 § 10; Rem.
Supp. 1941 § 2849-2a. (ii) 1937 c 71 § 4; RRS § 2849-4.]
15.08.220 Appeals—Bond for damages. An appeal
may be taken from the decree by filing notice thereof not
later than ten days after issuance of the decree. The appellant shall be required to file an appeal bond of not less than
one thousand dollars and sufficient in amount to cover
possible damages to neighboring properties due to delay in
carrying out the decree. [1961 c 11 § 15.08.220. Prior:
[Title 15 RCW—page 8]
1941 c 20 §§ 11, 12; Rem. Supp. 1941 §§ 2849-2b, 28492c.]
15.08.230 Disinfection of public properties. The
director may require the governing body of counties, cities,
towns and irrigation and school districts or other political
subdivisions of the state to disinfect or destroy all infected
trees, shrubs, or other nursery stock growing upon public
property within their respective jurisdictions, or the director
may disinfect or destroy such infected trees, shrubs, or other
nursery stock. [1981 c 296 § 6; 1961 c 11 § 15.08.230.
Prior: 1915 c 166 § 19; RRS § 2857.]
Severability—1981 c 296: See note following RCW 15.08.010.
15.08.240 Dumping infected products, containers,
prohibited. It shall be unlawful for a property owner or
lessee to permit the piling or dumping, or for a person to
pile or dump, any infected product on any property or to pile
or dump infected containers where the dumping of the
infected products or containers might constitute a source of
infestation to horticultural products. [1961 c 11 § 15.08.240.
Prior: 1943 c 150 § 6; 1941 c 20 § 14; Rem. Supp. 1943 §
2849-2e.]
15.08.250 Host-free districts—Director’s duties.
Whenever the director determines that a particular pest
cannot be eradicated or effectively controlled by ordinary
means, or that it is impractical to eradicate or control it
without the destruction in whole or in part of uninfected host
plants, he may issue a proclamation setting out the host-free
period or host-free district, or both, describing the host plant
and the district wherein planting, growing, cultivating, or
maintenance in any manner of any plants or products capable
of continuing the particular pests is prohibited during a
specified period of time and until the menace therefrom no
longer exists. [1961 c 11 § 15.08.250. Prior: 1941 c 20 §
13; Rem. Supp. 1941 § 2849-2d.]
15.08.260 Horticultural tax. At the time of making
the regular annual tax levy the board of county commissioners of each county shall include a tax, to be known as the
"horticultural tax," upon the taxable property of the county
in an amount sufficient to meet the expense of inspecting
and disinfecting nursery stock, fruits, vegetables, horticultural
or agricultural products, and horticultural premises under the
provisions of this title. Said tax shall be levied and collected
in the same manner as are general taxes and when collected
shall be placed in the county current expense fund. [1961 c
11 § 15.08.260. Prior: 1919 c 195 § 3, part; 1915 c 166 §
13, part; RRS § 2851, part.]
15.08.270 Basis for estimating the tax. In estimating
the amount to be levied for said horticultural tax the board
shall take into consideration the expense of such inspection
and disinfection for the ensuing year, and the amount which
will be collected under the provisions of this chapter on
properties disinfected. [1961 c 11 § 15.08.270. Prior: 1919
c 195 § 3, part; 1915 c 166 § 13, part; RRS § 2851, part.]
(2002 Ed.)
Horticultural Pest and Disease Board
Chapter 15.09
HORTICULTURAL PEST AND DISEASE BOARD
Sections
15.09.010
15.09.020
15.09.030
15.09.040
15.09.050
15.09.055
15.09.060
15.09.070
15.09.080
15.09.090
15.09.100
15.09.110
15.09.120
15.09.131
15.09.135
15.09.140
15.09.900
Purpose.
Creation of board.
Members—Appointment—Terms.
Meeting—Quorum—Officers.
Powers and duties.
Contracts and agreements.
Owner’s duty to control pests and diseases.
Right of entry—Search warrant.
Failure to control horticultural pests and diseases—
Remedies.
Hearing on liability of owner for costs or charges—Review.
Payment of expenses and costs—Penalty—Collection.
Refund of charges paid.
Disposition of moneys collected.
Operating budget—Source of funds.
Assessment—Public hearing—Rate—County review—Lien.
Abolishment of board.
Chapter cumulative.
15.09.010 Purpose. The purpose of this chapter is to
enable counties to more effectively control and prevent the
spread of horticultural pests and diseases. [1969 c 113 § 1.]
15.09.020 Creation of board. Either upon receiving
a petition filed by twenty-five landowners within the county
or on its own motion, the board of county commissioners in
order to achieve the purposes of this chapter may, following
a hearing, create a horticultural pest and disease board.
[1969 c 113 § 2.]
15.09.030 Members—Appointment—Terms. Each
horticultural pest and disease board shall be comprised of
five voting members, four of whom shall be appointed by
the board of county commissioners and one of whom shall
be appointed by the director. In addition, the chief county
extension agent, or a county extension agent appointed by
the chief agent, shall be a nonvoting member of the board.
Of the four members appointed by the board of county
commissioners, one of such members shall have at least a
practical knowledge of horticultural pests and diseases, and
the other members shall be residents of the county, shall
own land within the county and shall be engaged in the
primary and commercial production of a horticultural product
or products. Such appointed members shall serve a term of
two years and shall serve without salary. [1988 c 254 § 7;
1969 c 113 § 3.]
15.09.040 Meeting—Quorum—Officers. Within
thirty days after the appointed seats on the horticultural pest
and disease board have been filled, the board shall conduct
its first meeting. A majority of the voting members of the
board shall constitute a quorum for the transaction of
business and shall be necessary for any action taken by the
board. The board shall elect from its members a chairman
and such other officers as may be necessary. [1969 c 113 §
4.]
15.09.050 Powers and duties. Each horticultural pest
and disease board shall have the following powers and
duties:
(2002 Ed.)
Chapter 15.09
(1) To receive complaints concerning the infection of
horticultural pests and diseases on any parcel of land within
the county;
(2) To inspect or cause to be inspected any parcel of
land within the county for the purpose of ascertaining the
presence of horticultural pests and diseases as provided by
RCW 15.09.070;
(3) To order any landowner to control and prevent the
spread of horticultural pests and diseases from his property,
as provided by RCW 15.09.080;
(4) To control and prevent the spread of horticultural
pests and diseases on any property within the county as
provided by RCW 15.09.080, and to charge the owner for
the expense of such work in accordance with RCW
15.09.080 and 15.09.090;
(5) To employ such persons and purchase such goods
and machinery as the board of county commissioners may
provide;
(6) To adopt, following a hearing, such rules and
regulations as may be necessary for the administration of this
chapter. [1969 c 113 § 5.]
15.09.055 Contracts and agreements. The horticultural pest and disease board may enter into contracts and
agreements with federal, state, and local government agencies, Indian tribes, and any other organization to perform any
duties pursuant to the identification, detection, control, or
eradication of horticultural pests and diseases. [2000 c 144
§ 35.]
15.09.060 Owner’s duty to control pests and
diseases. Each owner of land containing any plant or plants
shall perform or cause to be performed such acts as may be
necessary to control and to prevent the spread of horticultural pests and diseases, as such pests and diseases are defined
under RCW 15.08.010, as now or hereafter amended, or as
such pests and diseases are defined by the director of the
department of agriculture in accordance with the purpose of
this chapter and with the provisions of the Administrative
Procedure Act, chapter 34.05 RCW. The word "owner" as
used in this section shall mean the possessor or possessors
of any form of legal or equitable title to land and entitlement
to possession. For purposes of liability under this chapter,
the owners of land shall be jointly and severally liable.
[1969 c 113 § 6.]
15.09.070 Right of entry—Search warrant. Any
authorized agent or employee of the county horticultural pest
and disease board may enter upon any property for the
purpose of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens,
general inspection, and the performance of such acts as are
necessary for controlling and preventing the spreading of
horticultural pests and diseases. Such entry may be without
the consent of the owner, and no action for trespass or damages shall lie so long as such entry and any activities
connected therewith are undertaken and prosecuted with
reasonable care.
Should any such employee or authorized agent of the
county horticultural pest and disease board be denied access
to such property where such access was sought to carry out
[Title 15 RCW—page 9]
15.09.070
Title 15 RCW: Agriculture and Marketing
the purpose and provisions of this chapter, the said board
may apply to any court of competent jurisdiction for a search
warrant authorizing access to such property for said purpose.
The court may upon such application issue the search
warrant for the purpose requested. [1969 c 113 § 7.]
15.09.080 Failure to control horticultural pests and
diseases—Remedies. (1) Whenever the horticultural pest
and disease control board finds that an owner of land has
failed to control and prevent the spread of horticultural pests
and diseases on his land, as is his duty under RCW
15.09.060, it shall provide such person with written notice,
which notice shall identify the pests and diseases found to be
present and shall order prompt control or disinfection action
to be taken within a specified and reasonable time period.
(2) If the person to whom the notice is directed fails to
take action in accordance with this notice, then the board
shall perform or cause to be performed such measures as are
necessary to control and prevent the spread of the pests and
diseases on such property and the expense of this work shall
be charged to such person. Any action that the board
determines requires the destruction of infested plants, absent
the consent of the owner, shall be subject to the provisions
of subsection (3) of this section.
(3) In the event the owner of land fails to control and
prevent the spread of horticultural pests and diseases as
required by RCW 15.09.060, and the county horticultural
pest and disease board determines that actions it has taken to
control and prevent the spread of such pests or diseases has
not been effective or the county horticultural pest and
disease board determines that no reasonable measures other
than removal of the plants will control and prevent the
spread of such pests or diseases, the county horticultural pest
and disease board may petition the superior court of the
county in which the property is situated for an order directing the owner to show cause why the plants should not be
removed at the owner’s expense and for an order authorizing
removal of said infected plants. The petition shall state: (a)
The legal description of the property on which the plants are
located; (b) the name and place of residence, if known, of
the owners of said property; (c) that the county horticultural
pest and disease board has, through its officers or agents,
inspected said property and that the plants thereon, or some
of them, are infested with a horticultural pest or disease as
defined by RCW 15.08.010; (d) the dates of all notices and
orders delivered to the owners pursuant to this section; (e)
that the owner has failed to control and prevent the spread
of said horticultural pest or disease; and (f) that the county
horticultural pest and disease board has determined that the
measures taken by it have not controlled or prevented the
spread of the pest or disease or that no reasonable measure
can be taken that will control and prevent the spread of such
pest or disease except removal of the plants. The petition
shall request an order directing the owner to appear and
show cause why the plants on said property shall not be
removed at the expense of the owner, to be collected as
provided in this chapter. The order to show cause shall
direct the owner to appear on a date certain and show cause,
if any, why the plants on the property described in the petition should not be removed at the owner’s expense. The
order to show cause and petition shall be served on the
[Title 15 RCW—page 10]
owner not less than five days before the hearing date specified in the order in the same manner as a summons and
complaint. In the event the owner fails to appear or fails to
show by competent evidence that the horticultural pest or
disease has been controlled, then the court shall authorize the
county horticultural pest and disease board to remove the
plants at the owner’s expense, to be collected as provided by
this chapter. If the procedure provided herein is followed,
no action for damages for removal of the plants shall lie
against the county horticultural pest and disease board, its
officers or agents, or the county in which it is situated.
[1991 c 257 § 1; 1982 c 153 § 4; 1969 c 113 § 8.]
Severability—Effective date—1982 c 153: See notes following
RCW 17.24.210.
15.09.090 Hearing on liability of owner for costs or
charges—Review. Any person upon request and pursuant
to the rules and regulations of the horticultural pest and
disease board shall be entitled to a hearing before the board
on any charge or cost for which such person is alleged to be
liable under subsection (2) of RCW 15.09.080. Any
determination or final action by the board shall be subject to
judicial review by a proceeding in the superior court of the
county where the property is situated and to any damages
suffered on account of disinfection work wrongfully undertaken, but no stay or injunction shall lie to delay any such
disinfection work subsequent to notice given pursuant to
RCW 15.09.080. [1969 c 113 § 9.]
15.09.100 Payment of expenses and costs—
Penalty—Collection. Any amount charged to the owner of
land in accordance with the provisions of RCW 15.09.080
and 15.09.090 shall be paid by such owner within sixty days
of the date in which he was billed for such amount. If
payment is not made within such sixty day period, the
amount of such charge, together with a ten percent penalty
surcharge, shall, for purposes of collection, become a tax
lien under RCW 84.60.010, as now or hereafter amended,
and shall be promptly collected as such by the county
treasurer: PROVIDED, That where good cause is shown the
board may extend for an additional two months the time
period during which payment shall be made. [1969 c 113 §
10.]
15.09.110 Refund of charges paid. In regard to any
charge made pursuant to RCW 15.09.080, if either the
horticultural pest and disease board or the superior court on
judicial review disallows such charge, then any amount paid
on such charge, together with any interest or penalty, shall
be promptly refunded by the county from the county’s
current expense fund or from any other county funds
available. In addition, the county shall pay six percent
simple annual interest on such amount refunded. [1969 c
113 § 11.]
15.09.120 Disposition of moneys collected. Any
moneys collected under this chapter shall be placed in the
county current expense fund together with any taxes collected pursuant to the provisions of RCW 15.08.260, as now or
hereafter amended. [1969 c 113 § 12.]
(2002 Ed.)
Horticultural Pest and Disease Board
15.09.131 Operating budget—Source of funds.
Funding of the operating budget of a horticultural pest and
disease board may be derived from any or all of the following:
(1) Moneys from the county general fund or other
general revenues, as appropriated by the board of county
commissioners or other county legislative authority;
(2) A horticultural tax, as authorized in RCW 15.08.260,
levied by the county board of commissioners or other county
legislative authority; or
(3) An assessment against all lands. [2000 c 144 § 33.]
15.09.135 Assessment—Public hearing—Rate—
County review—Lien. (1) Prior to the levying of an
assessment authorized in RCW 15.09.131, the horticultural
pest and disease board shall hold a public hearing at which
it will gather information to serve as a basis for classification
and then classify the lands into suitable classification,
including but not limited to orchard lands, range lands, dry
lands, nonuse lands, forest lands, or federal lands.
(2) The board shall develop and forward to the county
board of commissioners or other county legislative authority,
as a proposed level of assessment for each class, an amount
that seems just. The assessment rate shall be either uniform
per acre in its respective class, a flat rate per parcel, or a flat
rate per parcel rate plus a uniform rate per acre: PROVIDED, That if no benefits are found to accrue to a class of
land, a zero assessment may be levied.
(3) The county board of commissioners or other county
legislative authority, upon receipt of the proposed levels of
assessment from the horticultural pest and disease board,
after a hearing, shall accept or modify by resolution, or refer
back to the horticultural pest and disease board for its
reconsideration, all or any portion of the proposed levels of
assessment.
(4) The amount of the assessment constitutes a lien
against the property. The assessments shall be subject to the
same provisions as those for property tax collections, as
provided in RCW 84.56.020, and shall be collected by the
county treasurer under the authority in RCW 84.56.035.
[2000 c 144 § 34.]
15.09.140 Abolishment of board. Upon receipt of a
petition signed by twenty-five landowners within the county
or on its own motion, the board of county commissioners
may abolish the pest and disease board following a hearing
and a finding that the purposes of this chapter would not be
sufficiently served by the continued existence of such board.
[1969 c 113 § 14.]
15.09.900 Chapter cumulative. The effects of the
provisions of this chapter on the provisions of chapter 15.08
RCW shall be cumulative. [1969 c 113 § 15.]
(2002 Ed.)
15.09.131
Chapter 15.13
HORTICULTURAL PLANTS AND FACILITIES—
INSPECTION AND LICENSING
Sections
15.13.250
15.13.260
15.13.262
15.13.265
Definitions.
Enforcement—Rules—Scope.
Application of administrative procedure act.
Enforcement—Access to nursery dealer premises—
Inspection.
15.13.270 Licensing exemptions—Permits for clubs, conservation districts, nonprofit associations, educational organizations.
15.13.280 Nursery dealer licenses—Farmers markets—Application—
Fees—Expiration—Posting—Audit.
15.13.285 Nursery dealer licenses—Fee surcharge.
15.13.290 Nursery dealer licenses—Additional charge for late renewal.
15.13.300 Nursery dealer licenses—Application—Contents.
15.13.310 Assessment on gross sale price of wholesale market value of
certain horticultural plants—Method for determining—
Due date—Gross sale period—Audit.
15.13.315 Grapevine certification and nursery improvement program—
Advisory committee.
15.13.320 Fruit tree certification and nursery improvement program—
Advisory committee.
15.13.335 Nursery advisory committee—Members—Terms.
15.13.340 Late fee on delinquent assessments.
15.13.360 Hearings—Subpoenas.
15.13.370 Request by licensee for inspector’s services during shipping
season—Certificate of inspection—Other requests for
inspection and/or certification services—Fees.
15.13.380 Inspection fees—When due and payable—Arrears.
15.13.390 Unlawful selling, shipment, or transport of plants within
state, when.
15.13.400 Unlawful shipment or delivery of plants into state, when—
Certificate and inspection requirements—Rules—
Hearing.
15.13.410 Shipments into state to be marked or tagged.
15.13.420 Unlawful acts enumerated.
15.13.425 False advertisements.
15.13.430 Hold order on damaged, infested, or infected plants—Selling
or moving unlawful.
15.13.440 Order of condemnation—Grounds for issuance.
15.13.445 Order or action of director—Hearing opportunity.
15.13.447 Prohibition on recovery of damages.
15.13.450 Injunction to prevent violations.
15.13.455 Injunction to restrain operation as nursery dealer without
valid license—Costs, attorneys’ fees, and expenses.
15.13.470 Disposition of moneys collected under chapter—
Expenditure.
15.13.477 Compliance agreements.
15.13.480 Cooperative contracts or agreements to further chapter—
Agreements to facilitate export.
15.13.490 Compliance with chapter—Violation—Penalties.
15.13.920 Chapter cumulative and nonexclusive.
15.13.940 Severability—1971 ex.s. c 33.
Prior law: 1961 c 11 §§ 15.12.010 through 15.12.110; 1961 c 221
§§ 1 through 23 (codified as RCW 15.13.010 through 15.13.210, 15.13.900,
and 15.13.910).
15.13.250 Definitions. For the purpose of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
the director’s duly authorized representative.
(3) "Person" means any individual, firm, partnership,
corporation, company, society and association, and every
officer, agent or employee thereof.
(4) "Horticultural plant" includes, but is not limited to,
any horticultural, floricultural, or viticultural plant, or turf,
for planting, propagation or ornamentation growing or
[Title 15 RCW—page 11]
15.13.250
Title 15 RCW: Agriculture and Marketing
otherwise. The term does not apply to potato, garlic, or
onion planting stock or to cut plant material, except plant
parts used for propagative purposes.
(5) "Horticultural facilities" means, but is not limited to,
the premises where horticultural plants are grown, stored,
handled or delivered for sale or transportation, or where
records required under this chapter are stored or kept, and all
vehicles and equipment used to transport horticultural plants.
(6) "Plant pests" means, but is not limited to, a living
stage of insect, mite, or other arthropod; nematode; slug,
snail, or other mollusk; protozoa or other invertebrate
animals; bacteria; fungus; virus; viroid; phytoplasma; weed
or parasitic plant; or any organisms similar to or allied with
any of the plant pests listed in this section; or any infectious
substance; which can directly or indirectly injure or cause
disease or damage to any plant or plant product or that
threatens the diversity or abundance of native species.
(7) "Inspection and/or certification" means, but is not
limited to, the inspection by the director of horticultural
plants at any time prior to, during, or subsequent to harvest
or sale and the issuance by the director of a written certificate stating if the horticultural plants are in compliance with
the provisions of this chapter and rules adopted under this
chapter. Inspection may include, but is not limited to,
examination of horticultural plants, taking samples, destructive testing, conducting interviews, taking photographs, and
examining records.
(8) "Nursery dealer" means any person who sells
horticultural plants or plants, grows, receives, or handles
horticultural plants for the purpose of selling or planting for
another person.
(9) "Sell" means to sell, hold for sale, offer for sale,
handle, or to use as an inducement for the sale of another
article or product.
(10) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(11) "Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels,
rubber stamp imprints, tags, permits, written statements, or
any other form of certification document that accompanies
the movement of inspected and certified plant material.
(12) "Turf" means field-cultivated turf grass sod
consisting of grass varieties, or blends of grass varieties, and
dichondra for use in residential and commercial landscapes.
(13) "This chapter" means this chapter and the rules
adopted under this chapter.
(14) "Compliance agreement" means a written agreement between the department and a person engaged in
growing, handling, or moving articles, plants, or plant
products regulated under this chapter or title, in which the
person agrees to comply with stipulated requirements.
(15) "Consignor" means the person named in the
invoice, bill, or other shipping document accompanying a
horticultural plant as the person from whom the horticultural
plant has been received for shipment. [2000 c 144 § 1; 1993
c 120 § 1; 1990 c 261 § 1; 1985 c 36 § 1; 1982 c 182 § 19;
1971 ex.s. c 33 § 1.]
[Title 15 RCW—page 12]
Severability—1982 c 182: See RCW 19.02.901.
15.13.260 Enforcement—Rules—Scope. The director
shall enforce the provisions of this chapter and may adopt
any rule necessary to carry out its purpose and provisions
including but not limited to the following:
(1) The director may adopt rules establishing standards
for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging
horticultural plants.
(3) The director may adopt rules for the inspection
and/or certification of any horticultural plant as to variety,
quality, size and freedom from infestation by plant pests.
(4) The director shall adopt rules establishing fees for
nursery dealer licenses and for inspection of horticultural
plants and methods of fee collection.
(5) The director may adopt rules prescribing minimum
informational requirements for advertising for the sale of
horticultural plants within the state.
(6) The director may adopt rules establishing categories
of sales and fees for permits established in RCW 15.13.270.
[2000 c 144 § 2; 1993 c 120 § 2; 1990 c 261 § 2; 1985 c 36
§ 2; 1971 ex.s. c 33 § 2.]
15.13.262 Application of administrative procedure
act. Chapter 34.05 RCW governs the rights, remedies, and
procedures respecting the administration of this chapter,
including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[2000 c 144 § 3.]
15.13.265 Enforcement—Access to nursery dealer
premises—Inspection. (1) The director may enter and
inspect the horticultural facilities of a nursery dealer at
reasonable times for the purpose of carrying out the provisions of this chapter.
(2) If the director is denied access, the director may
apply to a court of competent jurisdiction for a search
warrant authorizing access to the premises. The court may
upon such application issue the search warrant for the
purposes requested. The warrant shall be issued on probable
cause. It is sufficient probable cause to show (a) the
inspection is pursuant to a general administrative practice to
determine compliance with this chapter or (b) the director
has reason to believe that a violation of this chapter has
occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer to revocation of the
nursery license. [2000 c 144 § 4; 1993 c 120 § 7.]
15.13.270 Licensing exemptions—Permits for clubs,
conservation districts, nonprofit associations, educational
organizations. The provisions of this chapter relating to
licensing do not apply to: (1) Persons making casual or
isolated sales that do not exceed one hundred dollars
annually; (2) any garden club, conservation district, or
charitable nonprofit association conducting not more than
three sales per year for not more than four consecutive days
each of horticultural plants which are grown by or donated
to its members; (3) educational organizations associated with
private or public secondary schools. However, such a club,
(2002 Ed.)
Horticultural Plants and Facilities—Inspection and Licensing
conservation district, association, or organization shall apply
to the director for a permit to conduct such sales.
All horticultural plants sold under such a permit shall be
in compliance with the provisions of this chapter. [2000 c
144 § 5; 1993 c 120 § 3; 1990 c 261 § 3; 1985 c 36 § 3;
1983 1st ex.s. c 73 § 2; 1971 ex.s. c 33 § 3.]
15.13.280 Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit.
(1) No person shall act as a nursery dealer without a license
for each place of business where horticultural plants are sold
except as provided in RCW 15.13.270. Any person applying
for such a license shall apply through the master license
system. The application shall be accompanied by the
appropriate fee. The director shall establish a schedule of
fees for retail and wholesale nursery dealer licenses based
upon the person’s gross annual sales of horticultural plants
at each place of business. The schedule for retail licenses
shall include separate fees for at least the following two
categories:
(a) A person whose gross annual sales of horticultural
plants do not exceed two thousand five hundred dollars; and
(b) A person whose gross annual sales of horticultural
plants exceed two thousand five hundred dollars.
(2) A person conducting both retail and wholesale sales
of horticultural plants at the same place of business shall
secure one of the following:
(a) A retail nursery dealer license if retail sales of the
horticultural plants exceed such wholesale sales; or
(b) A wholesale nursery dealer license if wholesale sales
of the horticultural plants exceed such retail sales.
(3) The director may issue a wholesale nursery dealer
license to a person operating as a farmers market at which
individual producers are selling directly to consumers. The
license shall be at the appropriate level to cover all persons
selling horticultural plants at each site at which the person
operates a market.
(4) The licensing fee that must accompany an application for a new license shall be based upon the applicant’s
estimated gross sales of horticultural plants for the ensuing
licensing year. The fee for renewing a license shall be based
upon the licensee’s gross sales of these products during the
preceding licensing year.
(5) The license expires on the master license expiration
date unless it has been revoked or suspended prior to the
expiration date by the director for cause. Each license shall
be posted in a conspicuous place open to the public in the
location for which it was issued.
(6) The department may audit licensees during normal
business hours to determine that appropriate fees have been
paid. [2000 c 144 § 6; 1993 c 120 § 4; 1987 c 35 § 1; 1985
c 36 § 4; 1983 1st ex.s. c 73 § 3; 1982 c 182 § 20; 1971
ex.s. c 33 § 4.]
Severability—1982 c 182: See RCW 19.02.901.
Master license
expiration date: RCW 19.02.090.
system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: RCW 15.13.250(10).
to include additional licenses: RCW 19.02.110.
(2002 Ed.)
15.13.270
15.13.285 Nursery dealer licenses—Fee surcharge.
The director may, with the advice of the nursery advisory
committee, establish by rule a surcharge to the fee for a
nursery dealer license. The surcharge shall not exceed
twenty percent of the license fee and shall be paid at the
same time that the license fee is paid. Moneys collected
from the surcharge shall be deposited in the agricultural local
fund and shall be used solely to support research projects
which are of general benefit to the nursery industry and are
recommended by the nursery advisory committee. [2000 c
144 § 7; 1992 c 23 § 1.]
Effective date—1992 c 23: "This act shall take effect on July 1,
1992." [1992 c 23 § 2.]
15.13.290 Nursery dealer licenses—Additional
charge for late renewal. If any application for renewal of
a nursery dealer license is not filed prior to the master
license expiration date, the master license delinquency fee
shall be assessed under chapter 19.02 RCW and shall be
paid by the applicant before the renewal license is issued.
[2000 c 144 § 8; 1982 c 182 § 21; 1971 ex.s. c 33 § 5.]
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
15.13.300 Nursery dealer licenses—Application—
Contents. Application for a license shall include:
(1) The full name of the person applying for the license
and if the applicant is an individual, receiver, trustee, firm,
partnership, association, or corporation, the full name of each
member of the firm or partnership, or the names of the
officers of the association or corporation.
(2) The principal business address of the applicant in the
state and elsewhere.
(3) The address for the location or locations for which
the licenses are being applied.
(4) The names of the persons authorized to receive and
accept service of summons and legal notices of all kinds for
the applicant.
(5) Any other necessary information prescribed by the
director. [2000 c 144 § 9; 1982 c 182 § 22; 1971 ex.s. c 33
§ 6.]
Severability—1982 c 182: See RCW 19.02.901.
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: Chapter 19.02 RCW.
15.13.310 Assessment on gross sale price of wholesale market value of certain horticultural plants—
Method for determining—Due date—Gross sale period—
Audit. (1) An annual assessment shall be levied on the
gross sale price of the wholesale market value for all
horticultural plants of the genera Chaenomeles, Cydonia,
Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced
in Washington, and sold within the state or shipped from the
state by any licensed nursery dealer during any license
period. This annual assessment is based on the first sale
price of such nursery stock except for rootstocks which are
replanted and/or grafted or budded and planted for growing[Title 15 RCW—page 13]
15.13.310
Title 15 RCW: Agriculture and Marketing
on in the nursery. The director shall by rule determine the
rate of an assessment needed to carry out the grapevine and
fruit tree certification and nursery improvement programs set
forth in RCW 15.13.470 and chapter 15.14 RCW.
The wholesale market price may be determined by the
wholesale catalogue price of the seller of the horticultural
plants assessed under this section or of the shipper moving
such nursery stock out of the state. If the seller or shipper
does not have a catalogue, then the wholesale market price
may be based on the actual selling price or an average
wholesale market price. The director in determining the
average wholesale market price may use catalogues of
various businesses licensed under the provisions of this
chapter or any other reasonable method.
(2) The assessment is due and payable on the first day
of July of each year.
(3) The gross sale period shall be from July 1 to June
30 of the previous year.
(4) The department may audit the records of licensees
during normal business hours to determine that the appropriate assessment has been paid. [2002 c 215 § 1; 2000 c 144
§ 10; 1993 c 120 § 5; 1990 c 261 § 4; 1987 c 35 § 2; 1983
1st ex.s. c 73 § 4; 1971 ex.s. c 33 § 7.]
15.13.315 Grapevine certification and nursery
improvement program—Advisory committee. An
advisory committee is established to advise the director in
the administration of the grapevine certification and nursery
improvement program.
(1) The committee consists of two grapevine nursery
dealers; three grape growers, at least two of whom grow
wine grapes; one winery representative; a university researcher; and the director.
(2) When appointing this committee, the director shall
consider names submitted by the Washington association of
wine grape growers and the Washington state grape society.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successor has been appointed. [2002 c 215 §
2.]
15.13.320 Fruit tree certification and nursery
improvement program—Advisory committee. An
advisory committee is hereby established to advise the
director in the administration of the fruit tree certification
and nursery improvement program.
(1) The committee shall consist of five fruit tree nursery
dealers and the director or the director’s designated appointee.
(2) When appointing this committee, the director shall
consider names submitted by the Washington state nursery
and landscape association.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successor has been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other
reason the vacancy shall be filled by the director under the
provisions of this section governing appointments. [2000 c
144 § 11; 1993 c 120 § 6; 1990 c 261 § 5; 1983 1st ex.s. c
73 § 5; 1971 ex.s. c 33 § 8.]
[Title 15 RCW—page 14]
15.13.335 Nursery advisory committee—Members—
Terms. A nursery advisory committee is hereby established
to advise the director in the administration of this chapter.
(1) The committee shall consist of not less than four
members, representing the interests of licensed nursery
dealers and the nursery industry, appointed by the director in
consultation with the following persons: The president of (a)
the Washington state floricultural association, (b) the
Washington state bulb association, and (c) the Washington
state nursery and landscape association; and the director or
the director’s designated appointee.
(2) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successors have been appointed.
In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other
reason, the vacancy shall be filled by the director under the
provisions of this section governing appointments. [2000 c
144 § 12; 1990 c 261 § 6; 1983 1st ex.s. c 73 § 6.]
15.13.340 Late fee on delinquent assessments. (1)
A late fee of twenty percent of the amount due shall be
levied on all delinquent assessments for each license period
the assessment is delinquent.
(2) The director shall not issue a nursery dealer license
to any applicant who has failed to pay any assessment due
under the provisions of this chapter. [2000 c 144 § 13; 1971
ex.s. c 33 § 10.]
15.13.360 Hearings—Subpoenas. The director may
issue subpoenas to compel the attendance of witnesses and/or
production of books, documents, and records for purposes of
investigating compliance with this chapter or for any hearing
under this chapter. [2000 c 144 § 14; 1971 ex.s. c 33 § 12.]
15.13.370 Request by licensee for inspector’s
services during shipping season—Certificate of inspection—Other requests for inspection and/or certification
services—Fees. (1) Any person licensed under the provisions of this chapter may request the services of a department inspector at the licensee’s place of business or point of
shipment during the shipping season. Subsequent to inspection the inspector shall issue to the licensee a certificate of
inspection signed by the inspector covering any horticultural
plants which the inspector finds to be in compliance with the
provisions of this chapter.
(2) Any person financially interested in any horticultural
plants may request inspection and/or certification services
provided for horticultural plants under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if
requested, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for
that service. [2002 c 215 § 3; 2000 c 144 § 15; 1993 c 120
§ 8; 1990 c 261 § 8; 1971 ex.s. c 33 § 13.]
15.13.380 Inspection fees—When due and payable—Arrears. (1) The inspection fees provided for in this
chapter shall become due and payable upon billing by the
department.
(2002 Ed.)
Horticultural Plants and Facilities—Inspection and Licensing
(2) A late charge of one and one-half percent per month
shall be assessed on the unpaid balance against persons more
than thirty days in arrears.
(3) In addition to any other penalties, the director may
refuse to perform any inspection or certification service for
any person who is in arrears or who fails to pay any assessment due under the provisions of this chapter or assessments
required by law to any agricultural commodity commission
unless the person makes payment in full prior to such
inspection or certification service. [2000 c 144 § 16; 1990
c 261 § 9; 1971 ex.s. c 33 § 14.]
15.13.390 Unlawful selling, shipment, or transport
of plants within state, when. It is unlawful for any person
to sell, ship, or transport any horticultural plant in this state
unless it meets standards established in rule for freedom
from infestation by plant pests and the other requirements of
this chapter. [2000 c 144 § 17; 1993 c 120 § 9; 1971 ex.s.
c 33 § 15.]
15.13.400 Unlawful shipment or delivery of plants
into state, when—Certificate and inspection requirements—Rules—Hearing. (1) It is unlawful for any person
to ship or deliver any horticultural plant into this state unless
it is accompanied by an inspection certificate from the state
or country of origin stating that the horticultural plant meets
the requirements of this chapter. The director may require
the shipper or receiver to file a copy of the manifest of
nursery cargo or shipment of horticultural plants into this
state with the director on or before the date the horticultural
plants enter into the state.
(2) The director may by rule require that any or all such
horticultural plants delivered or shipped into the state be
inspected for conformance with the requirements of this
chapter prior to release by the person delivering or transporting such horticultural plants even though accompanied by
acceptable inspection certificates issued by the state or
country of origin.
(3) Any shipment found not to be in compliance with
the requirements of this chapter may be returned to the
consignor at the consignor’s expense. The consignor may
subsequently request a hearing which shall be held in
conformance with RCW 34.05.479 or other applicable
provision of chapter 34.05 RCW. [2000 c 144 § 18; 1993
c 120 § 10; 1971 ex.s. c 33 § 16.]
15.13.410 Shipments into state to be marked or
tagged. Each shipment of horticultural plants transported or
shipped into the state and/or offered for retail sale within the
state shall be legibly marked or tagged in a conspicuous
manner.
The director may, whenever the director finds that any
horticultural plant is not properly marked, order it off sale
until it is properly marked, or order that it be returned to the
consignor for proper marking. [2000 c 144 § 19; 1993 c
120 § 11; 1990 c 261 § 10; 1971 ex.s. c 33 § 17.]
15.13.420 Unlawful acts enumerated. It is unlawful
for any person:
(1) To falsely claim to be an agent or representative of
any nursery dealer in horticultural plants;
(2002 Ed.)
15.13.380
(2) To sell or distribute horticultural plants by any
method which has the capacity and tendency or effect of
deceiving any purchaser or prospective purchaser as to the
quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times
transplanted, growth ability, growth characteristics, rate of
growth or time required before flowering or fruiting, price,
origin or place where grown, or in any other material
respect;
(3) To alter an official certificate or other official
inspection document for plant materials covered by this
chapter or to falsely represent a document as an official
certificate;
(4) To substitute any horticultural plant or agricultural
commodity for a horticultural plant or agricultural commodity covered by an inspection certificate. [2000 c 144 § 20;
1993 c 120 § 12; 1990 c 261 § 11; 1971 ex.s. c 33 § 18.]
15.13.425 False advertisements. No publisher, radio
and television broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement,
except the grower, packer, distributor, or seller of the article
to which the advertisement relates, shall be subject to the
penalties of RCW 15.13.490(2) by reason of dissemination
of any false advertisement, unless the person has refused on
the request of the director to furnish the name and address
of the grower, packer, distributor, seller, or advertising
agency in the state of Washington, who caused dissemination
of the false advertisement. [2000 c 144 § 21; 1993 c 120 §
13.]
15.13.430 Hold order on damaged, infested, or
infected plants—Selling or moving unlawful. When the
director has cause to believe that any horticultural plants are
damaged or are infested or infected by any plant pest, the
director may issue a hold order on such horticultural plants.
A hold order may prescribe conditions under which plants
must be held to prevent spread of the infestation or infection.
Treatment or other corrective measures shall be the sole
responsibility of the persons holding the plant material for
sale. It is unlawful to sell or move such plants until released
in writing by the director. [2000 c 144 § 22; 1993 c 120 §
14; 1971 ex.s. c 33 § 19.]
15.13.440 Order of condemnation—Grounds for
issuance. The director shall condemn any horticultural
plants shipped or sold when such horticultural plants are
found to be dead, in a dying condition, seriously broken,
diseased or infested to the extent that treatment is not
practical, damaged, frozen, or abnormally potbound. The
director shall order such horticultural plants to be destroyed
or returned at shipper’s option. [2000 c 144 § 23; 1993 c
120 § 15; 1990 c 261 § 12; 1971 ex.s. c 33 § 20.]
15.13.445 Order or action of director—Hearing
opportunity. Upon issuance of an order or upon action by
the director under RCW 15.13.400, 15.13.410, 15.13.430, or
15.13.440, the consignor of the plant material may request
a hearing under chapter 34.05 RCW. [2000 c 144 § 24;
1993 c 120 § 16.]
[Title 15 RCW—page 15]
15.13.447
Title 15 RCW: Agriculture and Marketing
15.13.447 Prohibition on recovery of damages. No
state court shall allow the recovery of damages from
administrative action, hold order, or condemnation order if
the court finds there was probable cause for the action.
[2000 c 144 § 25.]
15.13.450 Injunction to prevent violations. The
director may bring an action to enjoin the violation of any
provision of this chapter or any rule adopted under this
chapter in the superior court in Thurston county or the
county in which the violation occurs, notwithstanding the
existence of other remedies at law. [2000 c 144 § 26; 1971
ex.s. c 33 § 21.]
15.13.455 Injunction to restrain operation as
nursery dealer without valid license—Costs, attorneys’
fees, and expenses. (1) The director may apply to the superior court of Thurston county for a prompt hearing on, and
the court shall have jurisdiction upon, and for cause shown
the court shall, without proof that an adequate remedy at law
does not exist, grant an injunction restraining any person
from operating as a nursery dealer without a valid license.
(2) An order restraining any person from operating as a
nursery dealer without a valid license shall contain such
provision for the payment of pertinent court costs and
reasonable attorneys’ fees and administrative expenses as is
equitable and the court deems appropriate in the circumstances. [2000 c 144 § 27; 1983 1st ex.s. c 73 § 7.]
15.13.470 Disposition of moneys collected under
chapter—Expenditure. (1) Except as provided in RCW
15.13.285 and in subsections (2) and (3) of this section, all
moneys collected under this chapter shall be paid to the
director, deposited in an account within the agricultural local
fund, and used solely for carrying out this chapter. No
appropriation is required for the disbursement of moneys
from the account by the director.
(2) All fees collected under RCW 15.13.310 shall be
deposited in the planting stock certification account within
the agricultural local fund to be used only for the Washington grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter
15.14 RCW.
(3) All moneys collected for civil penalties under this
chapter shall be deposited in the nursery research account
within the agricultural local fund. [2002 c 215 § 4; 2000 c
144 § 28; 1999 c 144 § 16; 1993 c 120 § 17; 1990 c 261 §
13; 1987 c 35 § 3; 1985 c 36 § 5; 1975 1st ex.s. c 257 § 1;
1971 ex.s. c 33 § 25.]
other states, agencies of the federal government, and any
other organization in order to carry out the purpose and
provisions of this chapter.
The director may enter into agreements with the United
States department of agriculture for the purpose of issuing
phytosanitary certificates and other inspection documents,
according to federal procedures, to facilitate the export of
products from the state. [2000 c 144 § 30; 1993 c 120 § 18;
1971 ex.s. c 33 § 26.]
15.13.490 Compliance with chapter—Violation—
Penalties. Any person who fails to comply with this chapter
may be subject to:
(1) Denial, revocation, or suspension of the person’s
nursery dealer license; and/or
(2) A civil penalty in an amount of not more than one
thousand dollars for each violation. Each violation shall be
a separate and distinct offense. Every person who, through
an act of commission or omission, procures, aids, or abets in
the violation shall be considered to have violated this section
and may be subject to the civil penalty provided in this
section. [2000 c 144 § 31; 1990 c 261 § 14; 1985 c 36 § 6;
1971 ex.s. c 33 § 27.]
15.13.920 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1971
ex.s. c 33 § 22.]
15.13.940 Severability—1971 ex.s. c 33. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 33 § 28.]
Chapter 15.14
PLANTING STOCK
Sections
15.14.010
15.14.015
15.14.025
15.14.035
15.14.045
15.14.050
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.14.065
15.13.477 Compliance agreements. The director may
enter into compliance agreements with any person for the
purpose of carrying out the provisions of this chapter. [2000
c 144 § 29.]
15.14.085
15.14.095
15.13.480 Cooperative contracts or agreements to
further chapter—Agreements to facilitate export. The
director may cooperate with and enter into contracts or
agreements with governmental agencies of this state and
[Title 15 RCW—page 16]
15.14.075
15.14.105
15.14.115
15.14.125
15.14.135
15.14.145
15.14.900
Definitions.
Rules—Scope.
Certificates—Samples for inspection and testing—Publish
information—Notify purchasers of results.
Inspection of property, premises, or records—Denial of access—Search warrant.
Compliance agreements authorized—Suspension or
cancellation—Hearing.
Registered, foundation, and breeder planting stock—
Availability to producers and commercial growers—
Restrictions on use—Fees.
Acceptance as certified, registered, foundation, or breeder
planting stock.
Agreements with Washington State University, governmental
entities, and other organizations.
Acquisition of property—Use of property.
Failure to meet certification requirements—Director’s options—Notice—Hearing.
Unlawful acts.
Injunctions.
Late charge on fee or assessment.
Noncompliance by growers—Director may withhold services.
Deposit of funds in planting stock certification account—
Use.
Chapter cumulative and nonexclusive.
(2002 Ed.)
Planting Stock
15.14.920
Severability—1961 c 83.
15.14.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
the director’s designee.
(3) "Person" means an individual, firm, partnership,
corporation, company, association, or public entity and every
officer, agent, or employee of these entities.
(4) "Plant pests" means, but is not limited to, any living
stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other
parasitic plants or weeds or reproductive parts thereof,
viruses or any organisms similar to or allied with any of the
foregoing, or any infectious substance, which can directly or
indirectly injure or cause disease or damage to any plant or
parts thereof, or any processed, manufactured, or other
products of plants.
(5) "Micropropagated plants" means plants propagated
using aseptic laboratory techniques and an artificial culture
medium.
(6) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests,
defective, or off-type based on visual inspection or laboratory testing by the director or other authorized person.
(7) "Planting stock" includes any plant material used in
the propagation of horticultural, floricultural, viticultural, or
olericultural plants for the purpose of being sold, offered for
sale, or distributed for planting or reproduction purposes.
(8) "Breeder planting stock" means plant propagating
materials directly controlled by the originating or sponsoring
plant breeder or institution, which provides the source of
foundation planting stock.
(9) "Foundation planting stock" means planting stock
that has been so handled as to maintain genetic characteristics and that has been:
(a) Increased directly from breeder planting stock; or
(b) Designated as foundation planting stock by the
director.
(10) "Registered planting stock" means planting stock of
a quality suitable for the production of certified planting
stock that has been so handled as to maintain genetic
characteristics and that is:
(a) Increased directly from foundation or registered
planting stock; or
(b) Designated as registered planting stock by the
director.
(11) "Certified planting stock" means the progeny of
foundation, registered, or certified planting stock that has
been so handled as to maintain genetic characteristics, that
has met certification standards authorized by this chapter,
and that has been certified by the director. [1999 c 144 § 1;
1989 c 354 § 84; 1983 c 3 § 19; 1961 c 83 § 1.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
(2002 Ed.)
Chapter 15.14
15.14.015 Rules—Scope. The director may adopt
rules necessary to carry out the purpose and provisions of
this chapter concerning, but not limited to:
(1) Certification of planting stock as to freedom from
infection by plant pests, variety, classification, and grade.
(2) Establishment of tolerances for planting stock that is
diseased, infected with plant pests, defective, or off-type.
(3) Establishment of standards and grades for planting
stock.
(4) Labeling, identification, grading, and packing of
foundation, registered, and certified planting stock.
(5) Inspection and testing of foundation, registered, and
certified planting stock prior to planting during the growing
season or seasons, prior to and during harvest, and subsequent to harvest.
(6) Exclusion and removal of diseased, infected with
plant pests, defective, or off-type plants from foundation,
registered, and certified planting stock.
(7) Establishing processes, site requirements, and criteria
for participation in programs authorized by this chapter.
(8) Cultivation and sanitation practices in growing,
storing, distributing, and processing foundation, registered,
and certified planting stock.
(9) Establishing recordkeeping requirements.
(10) Production, utilization, and testing of
micropropagated plants for foundation, registered, and
certified planting stock.
(11) Establishment of fees and assessments for inspection, testing, and certification of planting stock and other
services authorized by this chapter. [1999 c 144 § 2; 1961
c 83 § 3. Formerly RCW 15.14.030.]
15.14.025 Certificates—Samples for inspection and
testing—Publish information—Notify purchasers of
results. The director may:
(1) Issue certificates stating that planting stock found by
the director or other authorized person to be in compliance
with rules adopted under this chapter is foundation, registered, or certified planting stock.
(2) Take samples in reasonable amounts as necessary of
planting stock to inspect and test for genetic characteristics
and/or freedom from infection by plant pests.
(3) Publish names of growers participating in certification programs and inspection results.
(4) Require growers participating in certification
programs to notify purchasers of planting stock when
postharvest inspections or tests show the planting stock represented as foundation, registered, or certified has failed to
meet minimum standards for certification. [1999 c 144 § 3;
1961 c 83 § 7. Formerly RCW 15.14.070.]
15.14.035 Inspection of property, premises, or
records—Denial of access—Search warrant. In order to
carry out the purposes of this chapter, the director may enter
at reasonable times as determined by the director and inspect
any property or premises and any records required under this
chapter. If the director is denied access to any property,
premises, or records, the director may suspend, cancel, or
refuse certification or other approval of the planting stock or
may apply to a court of competent jurisdiction for a search
warrant authorizing access to the property, premises, or re[Title 15 RCW—page 17]
15.14.035
Title 15 RCW: Agriculture and Marketing
cords. The court may upon the application issue a search
warrant for the purpose requested. [1999 c 144 § 4.]
other approval of any planting stock, a person may request
a hearing under chapter 34.05 RCW. [1999 c 144 § 10.]
15.14.045 Compliance agreements authorized—
Suspension or cancellation—Hearing. The director may
enter into compliance agreements with any grower of
foundation, registered, or certified planting stock for the
purpose of carrying out the provisions of this chapter. The
director may suspend or cancel any compliance agreement
for cause. Upon notice by the director to suspend or cancel
a compliance agreement, a person may request a hearing
under chapter 34.05 RCW. [1999 c 144 § 5.]
15.14.105 Unlawful acts. It is unlawful for any
person to sell, offer for sale, hold for sale, label, identify,
represent, or to advertise any planting stock as being
certified, registered, foundation, or breeder planting stock
unless it complies with the requirements of this chapter and
rules adopted under this chapter. [1999 c 144 § 11; 1961 c
83 § 14. Formerly RCW 15.14.140.]
15.14.050 Registered, foundation, and breeder
planting stock—Availability to producers and commercial
growers—Restrictions on use—Fees. For purposes of
maintaining and/or improving the genetic characteristics and
freedom from infection by plant pests of any registered,
foundation, and breeder planting stock, the director may
acquire, propagate, and distribute registered, foundation, and
breeder planting stock to producers and commercial growers.
The director may charge fees for the planting stock and may
place restrictions on its use and propagation by producers
and commercial growers. [1999 c 144 § 6; 1961 c 83 § 5.]
15.14.065 Acceptance as certified, registered,
foundation, or breeder planting stock. The director may
accept as certified, registered, foundation, or breeder planting
stock any planting stock grown or produced by Washington
State University, the United States department of agriculture
or other propagators whose plant materials are produced in
conformance with the requirements of this chapter and rules
adopted under this chapter. [1999 c 144 § 7; 1961 c 83 §
11. Formerly RCW 15.14.110.]
15.14.075 Agreements with Washington State
University, governmental entities, and other organizations. The director may cooperate with and enter into agreements with Washington State University, the United States
department of agriculture, other state and federal agencies,
and any other organization in order to carry out the purposes
and provisions of this chapter. [1999 c 144 § 8; 1961 c 83
§ 12. Formerly RCW 15.14.120.]
15.14.085 Acquisition of property—Use of property.
The director may acquire by gift, grant, or endowment from
public or private sources, as may be made in trust or
otherwise, for the use and benefit of the purposes of this
chapter, real property and any other type property, and
expend the same or any income therefrom according to the
terms of the gift, grant, or endowment. [1999 c 144 § 9;
1961 c 83 § 4. Formerly RCW 15.14.040.]
15.14.095 Failure to meet certification requirements—Director’s options—Notice—Hearing. The
director may suspend, cancel, or refuse certification or other
approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by
the director to suspend, cancel, or refuse certification or
[Title 15 RCW—page 18]
15.14.115 Injunctions. The director may bring an
action to enjoin the violation or threatened violation of any
provision of this chapter or any rule adopted pursuant to this
chapter in the superior court of Thurston county, notwithstanding the existence of other remedies at law. [1961 c 83
§ 15. Formerly RCW 15.14.150.]
15.14.125 Late charge on fee or assessment. A late
charge of one and one-half percent per month shall be
assessed on the unpaid balance against persons more than
thirty days in arrears for any fee or assessment authorized by
this chapter. [1999 c 144 § 12.]
15.14.135 Noncompliance by growers—Director
may withhold services. The director may withhold services
to growers of planting stock for refusal to comply with the
provisions of this chapter or its rules, for nonpayment of fees
and assessment moneys owed to the department by law, or
for nonpayment of any assessment moneys due to an
agricultural commodity commission. [1999 c 144 § 13.]
15.14.145 Deposit of funds in planting stock
certification account—Use. All the moneys collected under
the provisions of this chapter shall be paid to the director
and deposited in the planting stock certification account
within the agricultural local fund and shall be used only to
carry out the purposes and provisions of this chapter. [1999
c 144 § 14; 1961 c 83 § 13. Formerly RCW 15.14.130.]
15.14.900 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1961
c 83 § 16.]
15.14.920 Severability—1961 c 83. If any provisions
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1961 c 83 § 18.]
Chapter 15.15
CERTIFIED SEED POTATOES
Sections
15.15.005
15.15.010
15.15.020
Legislative findings.
Restricted seed potato production area—Growers’ petition—
Department of agriculture—Director—Rules.
Violation or threatened violation of chapter—Action to enjoin.
(2002 Ed.)
Certified Seed Potatoes
15.15.900
Effective date—1997 c 176.
15.15.005 Legislative findings. The legislature finds
that the production of high quality certified seed potatoes
within the state requires conditions that are as free as
possible from insect pests and plant diseases and that
ensuring these conditions exist is in the public interest. The
legislature further finds that the production of other potatoes
intermixed with or in close proximity to a concentrated seed
potato production area poses an increased risk of introduction of plant diseases and insect pests. [1997 c 176 § 1.]
15.15.010 Restricted seed potato production area—
Growers’ petition—Department of agriculture—
Director—Rules. Growers of seed potatoes, certified in
accordance with rules adopted under chapter 15.14 RCW,
may submit a petition to the director of the department of
agriculture requesting that the director establish a restricted
seed potato production area. The petition shall include the
proposed geographic boundaries of the restricted seed potato
production area, and the types of restrictions that are
proposed to apply to the growing of nonseed potatoes. The
petition shall contain the signatures of at least fifty percent
of the growers of certified seed potatoes who have produced
at least fifty percent of the certified seed potatoes within the
proposed restricted seed potato production area in each of
the two preceding years.
Upon receipt of a petition submitted in accordance with
this section, the director of the department of agriculture
shall, within sixty days of receipt of the petition, investigate
the need of establishing a restricted seed potato production
area. The director may propose rules and hold public
hearings in the area affected by the proposed rules. The
director has the authority to adopt rules in accordance with
chapter 34.05 RCW to establish restricted seed potato
production areas to prevent the increased exposure to plant
diseases and insect pests that adversely affect the ability to
meet standards for certification of seed potatoes established
under chapter 15.14 RCW. [1997 c 176 § 2.]
15.15.020 Violation or threatened violation of
chapter—Action to enjoin. The director of the department
of agriculture may bring an action to enjoin the violation or
threatened violation of any provision of this chapter or any
rule made pursuant to this chapter in a court of competent
jurisdiction of the county in which such violation occurs or
is about to occur. [1997 c 176 § 3.]
15.15.900 Effective date—1997 c 176. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 23, 1997]. [1997 c 176 § 5.]
(2002 Ed.)
Chapter 15.15
Chapter 15.17
STANDARDS OF GRADES AND PACKS
Sections
15.17.010
15.17.020
15.17.030
15.17.050
15.17.060
15.17.080
Purpose.
Definitions.
Enforcement—Director’s duties—Rules.
Rules—Authority of director.
Adoption of standards.
Fresh fruits—Culls—Basket markings—Designation on bills
of lading, invoices, etc.
15.17.090 Private grades or brands—Approval and registration.
15.17.140 Inspections and certifications—Request for—Fees.
15.17.143 Certificates of compliance—Petition by shipper—Rules.
15.17.150 Inspections and certifications—Fees adopted by rule—
Failure to pay.
15.17.170 Inspection certificate or other official document as evidence.
15.17.190 Inspections—Right of access—Samples—Denial of access—
Search warrants.
15.17.200 Noncomplying fruits or vegetables—Enforcement procedure—Notice—Hearing.
15.17.210 Fruits or vegetables—Unlawful practices when selling, offering for sale, or shipping—Containers—Director’s powers—Rules.
15.17.213 Exemption of certain fruits or vegetables from chapter.
15.17.230 Fruit and vegetable inspection districts.
15.17.240 Fruit and vegetable inspection account—District
subaccounts—Fees—Rules.
15.17.243 District two—Transfer of funds—Control of Rhagoletis
pomonella.
15.17.260 Injunctions.
15.17.270 Cooperation with governmental agencies.
15.17.290 Violation of chapter or rules—Suspension—Civil penalty.
15.17.900 Provisions cumulative and nonexclusive.
15.17.940 Severability—1963 c 122.
Grain and other commodities, standard grades: Chapter 22.09 RCW.
Weights and measures, standards, packages, boxes, etc.: Chapter 19.94
RCW.
15.17.010 Purpose. The purpose of this chapter is to
provide for the fair and orderly marketing of fruits and
vegetables in the state of Washington by establishing
uniform grades and standards and by providing for the
inspection of these products. This chapter is vital to
protecting the national and international reputation of fruit
and vegetable products grown and shipped from this state
and protecting consumers from the sale of inferior and
misrepresented fruits and vegetables. This chapter is enacted
in the exercise of the police power of this state for the
purpose of protecting the immediate and future health, safety, and general welfare of the citizens of this state. [1998 c
154 § 1; 1963 c 122 § 1.]
15.17.020 Definitions. For the purpose of this
chapter:
(1) "Agent" means broker, commission merchant,
solicitor, seller, or consignor, and any other person acting
upon the actual or implied authority of another.
(2) "Certification" means, but is not limited to, the
issuance by the director of an inspection certificate or other
official document stating the grade, classification, and/or
condition of any fruits or vegetables, and/or if the fruits or
vegetables are free of plant pests and/or other defects.
(3) "Combination grade" means two or more grades
packed together as one, except cull grades, with a minimum
percent of the product of the higher grade, as established by
rule.
[Title 15 RCW—page 19]
15.17.020
Title 15 RCW: Agriculture and Marketing
(4) "Compliance agreement" means an agreement
entered into between the department and a shipper or packer,
that authorizes the shipper or packer to issue certificates of
compliance for fruits and vegetables.
(5) "Container" means any container or subcontainer
used to prepackage any fruits or vegetables. This does not
include a container used by a retailer to package fruits or
vegetables sold from a bulk display to a consumer.
(6) "Deceptive arrangement or display" means any bulk
lot or load, arrangement, or display of fruits or vegetables
which has in the exposed surface, fruits or vegetables which
are so superior in quality, size, condition, or any other
respect to those which are concealed, or the unexposed portion, as to materially misrepresent any part of the bulk lot or
load, arrangement, or display.
(7) "Deceptive pack" means the pack of any container
which has in the outer layer or any exposed surface fruits or
vegetables which are in quality, size, condition, or any other
respect so superior to those in the interior of the container in
the unexposed portion as to materially misrepresent the
contents. Such pack is deceptive when the outer or exposed
surface is composed of fruits or vegetables whose size is not
an accurate representation of the variation of the size of the
fruits or vegetables in the entire container, even though the
fruits or vegetables in the container are virtually uniform in
size or comply with the specific standards adopted under this
chapter.
(8) "Department" means the department of agriculture
of the state of Washington.
(9) "Director" means the director of the department or
his or her duly authorized representative.
(10) "District manager" means a person representing the
director in charge of overall operation of a fruit and vegetable inspection district established under RCW 15.17.230.
(11) "Facility" means, but is not limited to, the premises
where fruits and vegetables are grown, stored, handled, or
delivered for sale or transportation, and all vehicles and
equipment, whether aerial or surface, used to transport fruits
and vegetables.
(12) "Fruits and vegetables" means any unprocessed
fruits or vegetables.
(13) "Handler" means any person engaged in the
business of handling, selling, processing, storing, shipping,
or distributing fruits or vegetables that he or she has purchased or acquired from a producer.
(14) "Inspection" means, but is not limited to, the
inspection by the director of any fruits or vegetables at any
time prior to, during, or subsequent to harvest.
(15) "Mislabel" means the placing or presence of any
false or misleading statement, design, or device upon any
wrapper, container, container label or lining, or any placard
used in connection with and having reference to fruits or
vegetables.
(16) "Person" means any individual, firm, partnership,
corporation, company, society, or association, and every
officer, agent, or employee thereof.
(17) "Plant pests" means, but is not limited to, any
living stage of any insects, mites, nematodes, slugs, snails,
protozoa, or other invertebrate animals, bacteria, fungi,
viruses, or any organisms similar to or allied with any of the
foregoing, or any infectious substance, which can directly or
indirectly injure or cause disease or damage in any plant or
[Title 15 RCW—page 20]
parts thereof, or any processed, manufactured, or other
products of plants.
(18) "Sell" means to sell, offer for sale, hold for sale, or
ship or transport in bulk or in containers.
(19) "Standards" means grades, classifications, and other
inspection criteria for fruits and vegetables. [1998 c 154 §
2; 1996 c 188 § 1; 1963 c 122 § 2.]
15.17.030 Enforcement—Director’s duties—Rules.
(1) The director shall enforce and carry out the provisions of
this chapter and may adopt the necessary rules to carry out
its purpose.
(2) The director shall, whenever he or she considers the
adoption of rules or amendments to existing rules, consult
with growers, associations of growers or other industry
associations, or other persons affected by such rules or
amendments. [1998 c 154 § 3; 1963 c 122 § 3.]
15.17.050 Rules—Authority of director. (1) The
director shall adopt rules providing standards for apples,
apricots, Italian prunes, peaches, sweet cherries, pears,
potatoes, and asparagus and may adopt rules providing
standards for any other fruit or vegetable. When establishing
these standards, the director shall consider the factors of
maturity, soundness, color, shape, size, and freedom from
mechanical and plant pest injury and other factors important
to marketing.
(2) The director shall adopt rules providing for mandatory inspection of apples, apricots, Italian prunes, peaches,
sweet cherries, pears, and asparagus and may adopt rules
providing for mandatory inspection of any other fruit or
vegetable.
(3) The director may adopt rules:
(a) Fixing the sizes and dimensions of containers to be
used for the packing or handling of any fruits or vegetables;
and
(b) Establishing combination grades for fruits and
vegetables. The standards for combination grades shall, by
percentage quantities, include two or more of the grades
provided for under this chapter. [1998 c 154 § 4; 1963 c
122 § 5.]
15.17.060 Adoption of standards. The director may
adopt any United States or other state’s standard for any
fruits and vegetables, if that standard is determined by the
director to be substantially equivalent to or better than the
standard adopted under this chapter. [1998 c 154 § 5; 1963
c 122 § 6.]
15.17.080 Fresh fruits—Culls—Basket markings—
Designation on bills of lading, invoices, etc. It is unlawful
for any person to sell for fresh consumption any fresh fruits
classified as culls under the provisions of this chapter or
rules adopted hereunder unless such fruit is packed in onehalf bushel or one bushel wooden baskets ring faced, with
the fruit in the ring face representative of the size and
quality of the fruit in such baskets. The baskets shall be
lidded and the words "cull" including the kind of fruit and
variety must appear on the top and side of each basket and
on any label in clear and legible letters at least two and onehalf inches high. Every bill of lading, invoice, memoran(2002 Ed.)
Standards of Grades and Packs
15.17.080
dum, and document referring to the fruit shall designate
them as culls. [1998 c 154 § 6; 1963 c 122 § 8.]
as prima facie evidence of the statements therein. [1998 c
154 § 11; 1963 c 122 § 17.]
15.17.090 Private grades or brands—Approval and
registration. The director may approve and register a
private grade or brand for any fruit or vegetable. The private grade or brand shall not be lower than the second grade
and/or classification established under the provisions of this
chapter or rules adopted under this chapter for the fruit or
vegetable. [1998 c 154 § 7; 1963 c 122 § 9.]
15.17.190 Inspections—Right of access—Samples—
Denial of access—Search warrants. The director may
enter during business hours and inspect any facility where
any fruits or vegetables are processed, stored, packed,
delivered for shipment, loaded, shipped, being transported,
or sold, and may inspect all fruits or vegetables and the
containers and the equipment in that facility. The director
may take for inspection representative samples of fruits or
vegetables and containers as may be necessary to determine
whether or not this chapter or rules adopted under this
chapter have been violated. If the director is denied access
to any facility, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to
the facility. The court may upon such application issue a
search warrant for the purpose requested. [1998 c 154 § 12;
1963 c 122 § 19.]
15.17.140 Inspections and certifications—Request
for—Fees. (1) Any person financially interested in any
fruits or vegetables in this state may request inspection
and/or certification services provided for those fruits or vegetables under this chapter.
(2) To facilitate the movement or sale of fruits and
vegetables or other agricultural commodities, the director
may provide, if requested by growers or other interested
persons, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for
that service.
(3) Persons requesting services shall be responsible for
payment of fees for those services prescribed by the director
under RCW 15.17.150. [1998 c 154 § 9; 1963 c 122 § 14.]
15.17.143 Certificates of compliance—Petition by
shipper—Rules. Any shipper or packer of apples, apricots,
cherries, pears, peaches, Italian prunes, potatoes, or asparagus may petition the director for authority to issue certificates of compliance for each season. The director may
issue certificate of compliance agreements, granting this
authority, on terms and conditions defined by rule. Certificates of compliance shall only be issued for fruits or
vegetables that are in full compliance with this chapter and
the rules adopted under this chapter. [1998 c 154 § 20.]
15.17.150 Inspections and certifications—Fees
adopted by rule—Failure to pay. The director shall adopt
rules establishing the necessary fees to recover the costs of
providing inspection and/or certification or other requested
services.
(1) The fees are due and payable upon billing.
(2) A late fee of one and one-half percent per month on
the unpaid balance shall be assessed against persons more
than thirty days in arrears.
(3) In addition to other penalties, the director may refuse
to perform any inspection or certification service provided
under this chapter for any person in arrears unless the person
makes payment in full prior to such inspection or certification service.
(4) The director may refuse to perform inspection or
certification service for any person who has failed to pay
assessments required by law to any agricultural commodity
commission. [1998 c 154 § 10; 1963 c 122 § 15.]
15.17.170 Inspection certificate or other official
document as evidence. Every inspection certificate or other
official document issued by the director under the provisions
of this chapter shall be received in all the courts of the state
(2002 Ed.)
15.17.200 Noncomplying fruits or vegetables—
Enforcement procedure—Notice—Hearing. (1) For the
purposes of this section, "lot" means any lot or any part of
a lot.
(2) When the director determines that any lot of fruits
or vegetables fails to comply with the requirements of this
chapter, the director may issue a hold order prohibiting the
sale or movement of that lot except under conditions that
may be prescribed.
(3)(a) Written notice of the hold order must be provided
to the person in possession of the lot of fruits or vegetables
and a tag may be affixed to the lot or its containers. It is
unlawful for any person except the director to alter, deface,
or remove the tag or notice or to move or allow the lot of
fruits or vegetables to be moved except under the conditions
prescribed on the tag or notice.
(b) The notice shall include:
(i) A description of the lot that is in noncompliance;
(ii) The location of the lot;
(iii) The reason that the hold order is placed on the lot;
(iv) Any reconditioning, other corrective measures, or
diversion to processing that may be required to release the
lot for sale;
(v) Time frames to affect the reconditioning or other
corrective measures; and
(vi) A reference to the violation of this chapter that
provides the basis for the hold order.
(c) Any corrective measures required by the notice
pursuant to (b)(iv) of this subsection and the costs associated
therewith are the sole responsibility of the person holding the
fruits or vegetables for sale.
(4) Upon issuance of a hold order by the director under
this section, the seller or holder of the fruits or vegetables
may request a hearing. The request for hearing must be in
writing and filed with the director. Any hearing shall be
held in conformance with RCW 34.05.422 and 34.05.479.
[1998 c 154 § 13; 1987 c 202 § 172; 1963 c 122 § 20.]
Intent—1987 c 202: See note following RCW 2.04.190.
[Title 15 RCW—page 21]
15.17.210
Title 15 RCW: Agriculture and Marketing
15.17.210 Fruits or vegetables—Unlawful practices
when selling, offering for sale, or shipping—Containers—
Director’s powers—Rules. It is unlawful:
(1) To sell any fruits or vegetables:
(a) As meeting the standards for any fruit or vegetable
as prescribed by the director unless they in fact do so;
(b) For which no standards have been established under
this chapter unless ninety percent or more by weight or
count, as determined by the director, are free from plant pest
injury that has penetrated or damaged the edible portions and
from worms, mold, slime, or decay;
(c) In containers other than the size and dimensions
prescribed by the director by rule;
(d) Unless the containers in which the fruits or vegetables are placed or packed are marked with the proper grade
and additional information as may be prescribed by rule.
The additional information may include:
(i) The name and address of the grower, or packer, or
distributor;
(ii) The varieties of the fruits or vegetables;
(iii) The size, weight, and either volume or count, or
both, of the fruits or vegetables;
(e) Which are in containers marked or advertised for
sale or sold as being either graded or classified, or both,
according to the standards prescribed by the director by rule
unless the fruits or vegetables conform with the standards;
(f) Which are deceptively packed;
(g) Which are deceptively arranged or displayed;
(h) Which are mislabeled; or
(i) Which do not conform to this chapter or rules
adopted under this chapter;
(2) For any person to ship or transport or any carrier to
accept any lot of fruits or vegetables without an inspection
certificate, permit, or certificate of compliance when the
director has prescribed by rule that such products be accompanied by an inspection certificate, permit, or certificate of
compliance. The inspection certificate, permit, or certificate
of compliance shall be on a form prescribed by the director
and may include methods of denoting that all assessments
provided for by law have been paid before the fruits or
vegetables may lawfully be delivered or accepted for
shipment;
(3) For any person to refuse to submit any container,
load, or display of fruits or vegetables for inspection by the
director, or refuse to stop any vehicle or equipment containing such products for the purpose of inspection by the
director;
(4) For any person to move any fruits or vegetables or
their containers to which any tag has been affixed, except as
provided in RCW 15.17.200; or
(5) After October 1st of any calendar year, for any
person to sell containers of apples, containing apples
harvested in a prior calendar year, to any retailer or wholesaler for the purpose of resale to the public for fresh consumption. [2002 c 316 § 1; 1998 c 154 § 14; 1994 c 67 §
2; 1963 c 122 § 21.]
15.17.213 Exemption of certain fruits or vegetables
from chapter. (1) This chapter does not apply:
(a) To the movement in bulk of any fruits or vegetables
from the premises where they are grown or produced to a
[Title 15 RCW—page 22]
packing shed, warehouse, or processing plant for the purpose
of storing, grading, packing, labeling, or processing prior to
entering commercial channels for wholesale or retail sale;
(b) To any processed, canned, frozen, or dehydrated
fruits or vegetables;
(c) To any infected or infested fruits or vegetables to be
manufactured into byproducts or to be shipped to a byproducts plant; or
(d) To the sale of up to five hundred pounds per day of
any fruit or vegetable by any producer or handler directly to
an individual ultimate consumer unless otherwise established
by rule for an individual commodity. These fruits and
vegetables shall meet the requirements of RCW
15.17.210(1)(b).
(2) The inspection requirements of this chapter do not
apply to the sale or transportation within a zone of production, as defined by rule, of any fruit or vegetable named in
RCW 15.17.050(1) or any combination of those fruits and
vegetables to a fruit or produce stand or farmers market in
a quantity specified by the director by rule. [1998 c 154 §
8; 1963 c 122 § 13. Formerly RCW 15.17.130.]
15.17.230 Fruit and vegetable inspection districts.
For the purpose of this chapter the state shall be divided into
not less than two fruit and vegetable inspection districts.
The director, by rule, shall establish the boundaries of the
districts and may adjust the boundaries for purposes of efficiency and economy. [2002 c 322 § 1; 1998 c 154 § 15;
1986 c 203 § 2; 1975 1st ex.s. c 7 § 1; 1969 ex.s. c 76 § 2;
1963 c 122 § 23.]
Effective date—2002 c 322: See note following RCW 15.17.240.
Severability—1986 c 203: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 203 § 25.]
15.17.240 Fruit and vegetable inspection account—
District subaccounts—Fees—Rules. (1) The fruit and
vegetable inspection account is created in the custody of the
state treasurer. All fees collected under this chapter must be
deposited into the account. The director may authorize
expenditures from the account solely for the implementation
and enforcement of this chapter and any other expenditures
authorized by statute or session law and applying specifically
to the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
The director shall establish and maintain an account
within the fruit and vegetable inspection account for each
district established under RCW 15.17.230.
(2) By August 1, 2004, and by August 1st of each evennumbered year thereafter, the director shall review the
balance of each of the district accounts in the fruit and
vegetable inspection account at the end of the previous fiscal
year. If the balance in the district account exceeds the sum
of the following: An amount equal to the total expenditures
of the district served by that account for the last six months
of that previous fiscal year; any budgeted capital expenditures from the account for the current fiscal year; and six
hundred thousand dollars, the director shall temporarily and
equally, on a percentage basis, reduce each of the fees
accruing to the district account until such time that the
(2002 Ed.)
Standards of Grades and Packs
15.17.240
district account has a balance equal to the amount of the
total expenditures from the account for the last seven months
of the previous fiscal year, at which time the fees shall be
returned to the amounts before the temporary reduction. In
making the reductions, the director shall attempt to reduce
fees for a twelve-month period so as to apply the reductions
to as many of the persons who annually pay fees for services
provided by the district. The temporary fee reductions shall
be initially provided through the adoption of emergency
rules. The emergency and subsequent rules temporarily
reducing the fees are exempt from the requirements of RCW
34.05.310 and chapter 19.85 RCW. These fees shall be
reinstated through the expiration of the rules temporarily
reducing them and the authority to reinstate them is hereby
granted. [2002 c 322 § 2; 1998 c 154 § 16; 1975 c 40 § 3;
1963 c 122 § 24.]
15.17.290 Violation of chapter or rules—
Suspension—Civil penalty. Any person who violates this
chapter or rules adopted under this chapter may be subject
to:
(1) Suspension of any compliance agreement under this
chapter to which the person is a party for a period not to
exceed twelve consecutive months; and/or
(2) A civil penalty in an amount of not more than one
thousand dollars for each violation. [1998 c 154 § 18; 1963
c 122 § 30.]
Effective date—2002 c 322: "This act takes effect July 1, 2002.
However, the director of the department of agriculture and the state treasurer
may take actions before July 1, 2002, to permit the creation of the fruit and
vegetable inspection account and the district accounts described in RCW
15.17.240 by July 1, 2002." [2002 c 322 § 8.]
15.17.940 Severability—1963 c 122. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1963 c 122 § 33.]
15.17.243 District two—Transfer of funds—Control
of Rhagoletis pomonella. The district manager for district
two as defined in WAC 16-458-075 is authorized to transfer
two hundred thousand dollars from the fruit and vegetable
district fund to the plant pest account within the agricultural
local fund. The amount transferred is to be derived from
fees collected for state inspections of tree fruits and is to be
used solely for activities related to the control of Rhagoletis
pomonella in district two. The transfer of funds shall occur
by June 1, 1997. On June 30, 2003, any unexpended portion
of the two hundred thousand dollars shall be transferred to
the fruit and vegetable inspection account and deposited in
the district account for the district that includes Yakima
county. [2002 c 322 § 4; 2001 c 92 § 1; 1999 c 47 § 1;
1997 c 227 § 1.]
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2001 c 92: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect June 30,
2001." [2001 c 92 § 2.]
Effective date—1999 c 47: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect June 30,
1999." [1999 c 47 § 2.]
Effective date—1997 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 26, 1997]." [1997 c 227 § 3.]
15.17.260 Injunctions. The director may bring an
action to enjoin the violation of any provision of this chapter
or rule adopted pursuant to this chapter in the superior court
of Thurston county or of any county in which such violation
occurs, notwithstanding the existence of other remedies at
law. [1998 c 154 § 17; 1963 c 122 § 26.]
15.17.270 Cooperation with governmental agencies.
The director may cooperate with and enter into agreements
with governmental agencies of this state, other states, and
agencies of federal government in order to carry out the
purpose and provisions of this chapter. [1963 c 122 § 31.]
(2002 Ed.)
15.17.900 Provisions cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1963
c 122 § 27.]
Chapter 15.19
GINSENG
Sections
15.19.010
15.19.020
15.19.030
15.19.040
15.19.050
15.19.060
15.19.070
15.19.080
15.19.090
15.19.100
15.19.110
15.19.900
Definitions.
Enforcement of chapter.
Adoption of rules.
Fees established by rule—Deposit—Use—Failure to pay.
Inspection of facility—Entry—Samples—Search warrant.
Injunctions.
Cooperative agency agreements.
Public disclosure of information—Exemption.
Violations of chapter or rules—Unlawful.
Violations of chapter or rules—Penalties.
Remedies.
Severability—1998 c 154.
15.19.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
his or her duly authorized representative.
(3) "Facility" means, but is not limited to, the premises
where ginseng is grown, stored, dried, handled, or delivered
for sale or transportation, or where records required by rule
under this chapter are stored or kept, and all vehicles and
equipment, whether aerial or surface, used to transport ginseng.
(4) "Grower" means a person who grows cultivated,
wild simulated, and/or woodsgrown American ginseng and
sells it to a dealer.
(5) "Person" means any individual, firm, partnership,
corporation, company, society, or association, and every
officer, agent, or employee thereof. [1998 c 154 § 21.]
15.19.020 Enforcement of chapter. The director
shall enforce and carry out the provisions of this chapter and
[Title 15 RCW—page 23]
15.19.020
Title 15 RCW: Agriculture and Marketing
may adopt the necessary rules to carry out its purpose.
[1998 c 154 § 22.]
15.19.030 Adoption of rules. In addition to the
powers conferred on the director under this chapter, the
director has the power to adopt rules:
(1) Establishing certification requirements for American
ginseng (Panax quinquefolius L.).
Certification factors include:
(a) Place of origin;
(b) Whether the ginseng is wild or cultivated;
(c) Weight; and
(d) Date of harvest;
and may include whether the ginseng meets requirements for
freedom from infestation by plant pests as required by the
importing country;
(2) Requiring the registration of ginseng growers and of
dealers who purchase and/or sell American ginseng for the
purpose of foreign export; and
(3) Requiring that records be maintained by ginseng
growers and by dealers who purchase or sell American
ginseng for the purpose of foreign export.
The director may adopt any other rules necessary to
comply with the requirements of the convention on international trade in endangered species of wild fauna and flora
(27 U.S.T. 108); the endangered species act of 1973, as
amended (16 U.S.C. Sec. 1531 et seq.); and 50 C.F.R. Part
23 (1995), as they existed on June 6, 1996, or a subsequent
date as may be provided by rule, consistent with the purposes of this section. [1998 c 154 § 23.]
15.19.040 Fees established by rule—Deposit—Use—
Failure to pay. (1) The director shall adopt rules establishing fees to recover the costs of providing ginseng certification activities authorized under this chapter. All moneys
collected under this chapter shall be paid to the director,
deposited in an account within the agricultural local fund,
and used solely for carrying out the purposes of this chapter
and rules adopted under this chapter.
(2) In addition to other penalties, the director may refuse
to perform any inspection or certification service authorized
under this chapter for any person in arrears unless the person
makes payment in full prior to performing the service.
[1998 c 154 § 24.]
15.19.050 Inspection of facility—Entry—Samples—
Search warrant. The director may enter at reasonable times
as determined by the director and inspect any facility and
any records required under this chapter. The director may
take for inspection those representative samples of ginseng
necessary to determine whether or not this chapter or rules
adopted under this chapter have been violated. If the
director is denied access to any facility or records, the
director may apply to a court of competent jurisdiction for
a search warrant authorizing access to the facility or records.
The court may upon such application issue a search warrant
for the purpose requested. [1998 c 154 § 25.]
15.19.060 Injunctions. The director may bring an
action to enjoin any violation of this chapter or rule adopted
under this chapter in the superior court of Thurston county
[Title 15 RCW—page 24]
or of any county in which a violation occurs, notwithstanding the existence of other remedies at law. [1998 c 154 §
26.]
15.19.070 Cooperative agency agreements. The
director may cooperate with and enter into agreements with
governmental agencies of this state, other states, and agencies of the federal government in order to carry out the
purpose and provisions of this chapter. [1998 c 154 § 27.]
15.19.080 Public disclosure of information—
Exemption. The department shall not disclose information
obtained under this chapter regarding the purchases, sales, or
production of an individual American ginseng grower or
dealer, except for providing reports to the United States fish
and wildlife service. This information is exempt from public
disclosure required by chapter 42.17 RCW. [1998 c 154 §
28.]
15.19.090 Violations of chapter or rules—Unlawful.
It is unlawful for a person to sell, offer for sale, hold for
sale, or ship or transport American ginseng for foreign
export in violation of this chapter or rules adopted under this
chapter. [1998 c 154 § 29.]
15.19.100 Violations of chapter or rules—Penalties.
Any person who violates the provisions of this chapter or
rules adopted under this chapter may be subject to:
(1) A civil penalty in an amount of not more than one
thousand dollars for each violation; and/or
(2) Denial, revocation, or suspension of any registration
or application for registration issued under this chapter.
Upon notice by the director to deny, revoke, or suspend a
registration or application for registration, a person may
request a hearing under chapter 34.05 RCW. [1998 c 154 §
30.]
15.19.110 Remedies. The provisions of this chapter
are cumulative and nonexclusive and do not affect any other
remedy. [1998 c 154 § 31.]
15.19.900 Severability—1998 c 154. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1998 c 154 § 32.]
Chapter 15.21
WASHINGTON FRESH FRUIT SALES
LIMITATION ACT
Sections
15.21.010
15.21.020
15.21.030
15.21.040
15.21.050
15.21.060
15.21.070
15.21.900
15.21.910
Declaration of purpose.
Unlawful practices.
Cost.
Combination sales.
Injunction.
Penalties.
Exempt sales.
Chapter cumulative.
Short title.
(2002 Ed.)
Washington Fresh Fruit Sales Limitation Act
15.21.920
Severability—1965 c 61.
15.21.010 Declaration of purpose. Limitations or
restrictions placed on the buyer by the seller offering fresh
fruit for sale as to the amount that such prospective buyer
may purchase of the total amount of such fresh fruit owned,
possessed or controlled by the seller, may lead to or cause
confusion, deceptive trade practices, and interfere with the
orderly marketing of fresh fruit necessary for the public
health and welfare, and is hereby declared to be a business
affected with the public interest. The provisions of this
chapter are enacted in the exercise of the police powers of
the state for the purpose of protecting the general health and
welfare of the people of this state. [1965 c 61 § 1.]
15.21.020 Unlawful practices. It shall be unlawful to
cause a limitation to be placed on the amount of fresh fruit
that a purchaser may buy at retail or wholesale when such
fresh fruit is offered for sale, through any media, below cost
to the seller. The foregoing shall apply to all such fresh
fruit offered for sale below cost and owned, possessed or
controlled by such seller. [1965 c 61 § 2.]
15.21.030 Cost. Cost for the purpose of this chapter,
shall be that price paid for fresh fruit by the seller or the
actual replacement cost for such fresh fruit: PROVIDED,
That the delivered invoice price to such seller shall be prima
facie evidence of the price paid for such fresh fruit by the
seller. [1965 c 61 § 3.]
15.21.040 Combination sales. When one or more
items are offered for sale or sold with one or more items at
a combined price, or offered individually or as a package or
a unit to be given with the sale of one or more items, each
and all such items shall for the purpose of this chapter be
deemed to be offered for sale, and as to such transaction the
cost basis shall be the combined cost basis of all such items
as determined pursuant to RCW 15.21.030. [1965 c 61 § 4.]
15.21.050 Injunction. Any person, prosecuting
attorney, or the attorney general may bring an action to
enjoin the violation or threatened violation of the provisions
of this chapter in the superior court in the county where such
violation occurs or is about to occur, notwithstanding the
existence of any other remedies at law. [1965 c 61 § 5.]
15.21.060 Penalties. Any person violating the
provisions of this chapter is guilty of a misdemeanor and
guilty of a gross misdemeanor for any second and subsequent offense: PROVIDED, That any offense committed
more than five years after a previous conviction shall be
considered a first offense. [1965 c 61 § 6.]
15.21.070 Exempt sales. The provisions of this
chapter shall not apply to the following sales at retail or
sales at wholesale:
(1) When fresh fruit is sold for charitable purposes or to
relief agencies;
(2) When fresh fruit is sold on contract to departments
of the government or governmental institutions;
(2002 Ed.)
Chapter 15.21
(3) When fresh fruit is sold by any officer acting under
the order or direction of any court. [1965 c 61 § 7.]
15.21.900 Chapter cumulative. The provisions of
this chapter shall be cumulative and nonexclusive and shall
not affect any other remedy. [1965 c 61 § 8.]
15.21.910 Short title. This chapter may be cited as
the Washington fresh fruit sales limitation act. [1965 c 61
§ 9.]
15.21.920 Severability—1965 c 61. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1965 c 61 § 10.]
Chapter 15.24
WASHINGTON APPLE COMMISSION
(Formerly: Apple advertising commission)
Sections
15.24.010
15.24.020
15.24.030
15.24.040
15.24.050
15.24.060
15.24.070
15.24.073
15.24.080
15.24.085
15.24.086
15.24.090
15.24.100
15.24.110
15.24.120
15.24.130
15.24.140
15.24.150
15.24.160
15.24.170
15.24.180
15.24.190
15.24.200
15.24.210
15.24.215
15.24.800
15.24.802
15.24.804
15.24.806
15.24.808
15.24.810
15.24.812
15.24.814
15.24.816
15.24.818
15.24.900
15.24.910
Definitions.
Commission created—Generally.
Members—Election—Terms—District subdivisions—
Meetings.
Members—Nominations.
Vacancies—Quorum—Compensation—Travel expenses.
Commission records as evidence.
Powers and duties.
Rule-making proceedings—Exemptions.
Research, advertising, and educational campaign—Beneficial
purposes.
Promotional printing not restricted by public printer laws.
Promotional printing contracts—Contractual conditions of
employment.
Decrease or increase in assessments—Grounds—Procedure.
Assessments levied.
Collection—Due date—Stamps—Rule-making exemption.
Records kept by dealers, handlers, processors.
Returns rendered by dealers, handlers, processors.
Right to inspect.
Treasurer—Bond—Duties—Funds.
Promotional plans—Purpose—Authority of commission—
Liability.
Rules and regulations—Filing—Publication.
Enforcement.
Claims enforceable against commission assets—Nonliability
of other persons and entities—Exception.
Penalties.
Prosecutions.
Funding staff support—Rules.
Financing assistance for commission building.
General obligation bonds to fund commission building.
Bond issuance and sale.
Bond proceeds, etc., to state building construction account.
Expenditure of bond proceeds.
Fund for payment of bond principal and interest.
Certification and payment of bond principal and interest.
RCW 15.24.810 and 15.24.812 not exclusive method of
payment.
Bonds constitute legal investments for state and other public
funds.
Bonds to be issued only after certification of sufficiency of
funds.
Purpose of chapter—Regulation of apples and apple products—Existing comprehensive scheme—Applicable
laws.
Liberal construction.
[Title 15 RCW—page 25]
Chapter 15.24
Title 15 RCW: Agriculture and Marketing
15.24.920 Severability—1967 c 240.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.24.010 Definitions. As used in this chapter:
(1) "Commission" means the Washington apple commission;
(2) "Ship" means to load apples into a conveyance for
transport, except apples being moved from the orchard where
grown to a packing house or warehouse within the immediate area of production;
(3) "Handler" means any person who ships or initiates
a shipping operation, whether for himself, herself, or for
another;
(4) "Dealer" means any person who handles, ships,
buys, or sells apples, or who acts as sales or purchasing
agent, broker, or factor of apples;
(5) "Processor" and "processing plant" means every
person to whom and every place to which apples are
delivered for drying, dehydrating, canning, pressing, powdering, extracting, cooking, or for use in producing a product or
manufacturing a manufactured article;
(6) "Processing apples" means all apples delivered to a
processing plant for drying, dehydrating, canning, pressing,
powdering, extracting, cooking, or for use in producing a
product or manufacturing a manufactured article. However,
"processing apples" does not include fresh apples sliced or
cut for raw consumption;
(7) "Fresh apples" means all apples other than processing apples;
(8) "Director" means the director of the department of
agriculture or his or her duly authorized representative;
(9) "Grower district No. 1" includes the counties of
Chelan, Okanogan, and Douglas;
(10) "Grower district No. 2" includes the counties of
Kittitas, Yakima, Benton, and Franklin;
(11) "Grower district No. 3" includes all counties in the
state not included in the first and second districts;
(12) "Dealer district No. 1" includes the area of the state
north of Interstate 90;
(13) "Dealer district No. 2" includes the area of the state
south of Interstate 90; and
(14) "Executive officer" includes, but is not limited to,
the principal management executive, sales manager, general
manager, or other executive employee of similar responsibility and authority. [2002 c 313 § 115; 1989 c 354 § 53; 1967
c 240 § 22; 1963 c 145 § 1; 1961 c 11 § 15.24.010. Prior:
1937 c 195 § 2; RRS § 2874-2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.
15.24.020 Commission created—Generally. There
is hereby created a Washington apple commission to be thus
known and designated. The commission shall be composed
of nine practical apple producers and four practical apple
dealers. The director shall be an ex officio member of the
commission without vote.
The nine producer members shall be citizens and
residents of this state, over the age of twenty-five years, each
of whom, either individually or as an executive officer of a
corporation, firm or partnership, is and has been actually
[Title 15 RCW—page 26]
engaged in growing and producing apples within the state of
Washington for a period of five years, currently operates a
commercial producing orchard in the district represented, and
has during that period derived a substantial portion of his or
her income therefrom: PROVIDED, That he or she may
own and operate an apple warehouse and pack and store
apples grown by others, without being disqualified, so long
as a substantial quantity of the apples handled in such warehouse are grown by him or her; and he or she may sell
apples grown by himself, herself, and others so long as he or
she does not sell a larger quantity of apples grown by others
than those grown by himself or herself. The four dealer
members shall be persons who, either individually or as
executive officers of a corporation, firm, partnership,
association, or cooperative organization, are and have been
actively engaged as dealers in apples within the state of
Washington for a period of five years, and are citizens and
residents of this state, and are engaged as apple dealers in
the district represented. The qualifications of members of
the commission as herein set forth must continue during their
term of office. [2002 c 313 § 116; 1989 c 354 § 54; 1967
c 240 § 23; 1963 c 145 § 2; 1961 c 11 § 15.24.020. Prior:
1949 c 191 § 1, part; 1937 c 195 § 3, part; Rem. Supp. 1949
§ 2874-3, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.
15.24.030 Members—Election—Terms—District
subdivisions—Meetings. Thirteen persons with the qualifications stated in RCW 15.24.020 shall be elected members
of said commission. Four of the grower members, being
positions one, two, three and four, shall be from grower
district No. 1, at least one of whom shall be a resident of
and engaged in growing and producing apples in Okanogan
county; four of the grower members, being positions five,
six, seven and eight, from grower district No. 2; and one
grower member, being position nine from grower district No.
3. Two of the dealer members, being positions ten and
eleven, shall be from dealer district No. 1; and two of the
dealer members, being positions twelve and thirteen, shall be
from dealer district No. 2.
The commission shall have authority in its discretion to
establish by regulation one or more subdivisions of grower
district No. 1 and one or more subdivisions of grower
district No. 2; provided that each of the same includes a
substantial apple producing district or districts, and provided
the same does not result in an unfair or unequitable voting
situation or an unfair or unequitable representation of apple
growers on said commission. In such event each of said
subdivisions shall be entitled to be represented by one of the
said grower members of the commission, who shall be
elected by vote of the qualified apple growers in said
subdivision of said district, and who shall be a resident of
and engaged in growing and producing apples in said
subdivision.
The regular term of office of the members of the
commission shall be three years from March 1 following
their election and until their successors are elected and qualified. The commission shall hold its annual meeting during
the month of March each year for the purpose of electing
officers and the transaction of other business and shall hold
(2002 Ed.)
Washington Apple Commission
such other meetings during the year as it shall determine.
[1989 c 354 § 55; 1967 c 240 § 24; 1963 c 145 § 3; 1961 c
11 § 15.24.030. Prior: 1949 c 191 § 1, part; 1937 c 195 §
3, part; Rem. Supp. 1949 § 2874-3, part.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.24.040 Members—Nominations. The commission
shall call a meeting of apple growers, and meetings of apple
dealers in dealer district No. 1 and dealer district No. 2 for
the purpose of nominating their respective members of the
commission, when a term is about to expire, or when a
vacancy exists, except as provided in RCW 15.24.050, as
amended, at times and places to be fixed by the commission.
The meetings shall be held not later than February 15th of
each year and insofar as practicable, the meetings of the
growers shall be held at the same time and place as the
annual meeting of the Washington state horticultural association, or the annual meeting of any other producer organization which represents a majority of the state’s apple producers, as determined by the commission, but not while the
same is in actual session. Public notice of such meetings
shall be given by the commission in such manner as it may
determine: PROVIDED, That nonreceipt of the notice by
any interested person shall not invalidate the proceedings.
Any qualified person may be nominated orally for such
positions at the respective meetings. Nominations may also
be made within five days after any such meeting by written
petition filed in the Wenatchee office of the commission,
signed by not less than five apple growers or dealers, as the
case may be, residing within the district or within the
subdivision if the nomination is made from a subdivision.
The members of the commission shall be elected by
secret mail ballot under the supervision of the director:
PROVIDED, That in any case where there is but one
nomination for a position, a secret mail ballot shall not be
conducted or required and the director shall certify the
candidate to be elected. Grower members of the commission
shall be elected by a majority of the votes cast by the apple
growers in the respective districts or subdivisions thereof, as
the case may be, each grower who operates a commercial
producing apple orchard within the district or subdivision
being represented, whether an individual proprietor, partnership, joint venture, or corporation, being entitled to one vote.
As to bona fide leased or rented orchards, only the lesseeoperator, if otherwise qualified, shall be entitled to vote. An
individual commercial orchard operator, if otherwise qualified, shall be entitled to vote as such, even though he or she
is also a member of a partnership or corporation which votes
for other apple acreage. Dealer members of the commission
shall be elected by a majority of the votes cast by the apple
dealers in the respective districts, each dealer being entitled
to one vote. If a nominee does not receive a majority of the
votes on the first ballot, a run-off election shall be held by
mail in a similar manner between the two candidates for
such position receiving the largest number of votes. [2002
c 313 § 117; 1989 c 354 § 56; 1967 c 240 § 25; 1963 c 145
§ 4; 1961 c 11 § 15.24.040. Prior: 1949 c 191 § 1, part;
1937 c 195 § 3, part; Rem. Supp. 1949 § 2874-3, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.
(2002 Ed.)
15.24.030
15.24.050 Vacancies—Quorum—Compensation—
Travel expenses. In the event a position becomes vacant
due to resignation, disqualification, death, or for any other
reason, such position until the next annual meeting shall be
filled by vote of the remaining members of the commission.
At such annual meeting a commissioner shall be elected to
fill the balance of the unexpired term.
A majority of the voting members shall constitute a
quorum for the transaction of all business and the carrying
out of the duties of the commission.
Each member of the commission shall be compensated
in accordance with RCW 43.03.230 and shall be reimbursed
for actual travel expenses incurred in carrying out the
provisions of this chapter. Employees of the commission
may also be reimbursed for actual travel expenses when on
official commission business. [2002 c 313 § 118; 1984 c
287 § 12; 1975-’76 2nd ex.s. c 34 § 12; 1967 c 240 § 26;
1961 c 11 § 15.24.050. Prior: 1949 c 191 § 1, part; 1937
c 195 § 3, part; Rem. Supp. 1949 § 2874-3, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.24.060 Commission records as evidence. Copies
of the proceedings, records and acts of the commission,
when certified by the secretary and authenticated by the
corporate seal, shall be admissible in any court as prima
facie evidence of the truth of the statements contained
therein. [1961 c 11 § 15.24.060. Prior: 1937 c 195 § 4,
part; RRS § 2874-4, part.]
15.24.070 Powers and duties. The Washington apple
commission is hereby declared and created a corporate body.
The powers and duties of the commission shall include the
following:
(1) To elect a chair and such other officers as it deems
advisable; and to adopt, rescind, and amend rules and orders
for the exercise of its powers under this chapter, which shall
have the force and effect of the law when not inconsistent
with existing laws;
(2) To administer and enforce the provisions of this
chapter, and do all things reasonably necessary to effectuate
the purposes of this chapter;
(3) To employ and at its pleasure discharge a manager,
secretary, agents, attorneys, and employees as it deems
necessary, and to prescribe their duties and powers and fix
their compensation;
(4) To establish offices and incur expense and enter into
contracts and to create such liabilities as may be reasonable
for the proper administration and enforcement of this
chapter. Expenses may include reasonable, prudent use of
promotional hosting to benefit the purposes of this chapter;
(5) To investigate and prosecute violations of this
chapter;
(6) To conduct scientific research to develop and
discover the health, food, therapeutic, and dietetic value of
apples and apple products;
(7) To keep accurate record of all of its dealings, which
shall be open to inspection and audit by the state auditor;
[Title 15 RCW—page 27]
15.24.070
Title 15 RCW: Agriculture and Marketing
(8) To sue and be sued, adopt a corporate seal, and have
all of the powers of a corporation;
(9) To expend funds for commodity-related education,
training, and leadership programs as the commission deems
expedient;
(10) To borrow money and incur indebtedness;
(11) To accept gifts, grants, conveyances, bequests, and
devises, of real or personal property, or both, in trust or
otherwise, and sell, lease, exchange, invest, or expend these
donations or the proceeds, rents, profits, and income from
the donations except as limited by the donor’s terms. The
commission shall adopt rules to govern and protect the
receipt and expenditure of the proceeds, rents, profits, and
income of all such gifts, grants, conveyances, bequests, and
devises. The authority to make expenditures granted by this
subsection includes the authority to make expenditures to
provide scholarships or financial assistance to persons as
defined in RCW 1.16.080 or entities associated with the
apple industry, but is not limited to the authority to make
expenditures for such a purpose;
(12) To engage in appropriate fund-raising activities for
the purpose of supporting the activities of the commission
authorized by this chapter; and
(13) To retain, discharge, or contract with, at its
pleasure, accountants, marketing agencies, and other professional consultants as necessary, under procedures for hiring,
discharging, and review as adopted by the commission.
[2002 c 313 § 119; 1994 c 134 § 1; 1987 c 393 § 3; 1986 c
203 § 3; 1963 c 145 § 5; 1961 c 11 § 15.24.070. Prior: (i)
1937 c 195 § 8; RRS § 2874-8. (ii) 1937 c 195 § 5; RRS
§ 2874-5. (iii) 1937 c 195 § 4, part; RRS § 2874-4, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1986 c 203: See note following RCW 15.17.230.
15.24.073 Rule-making proceedings—Exemptions.
Rule-making proceedings conducted under this chapter are
exempt from compliance with RCW 34.05.310 and the
provisions of chapter 19.85 RCW, the regulatory fairness act,
when the proposed rule is subject to a referendum. [2002 c
313 § 125.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.080 Research, advertising, and educational
campaign—Beneficial purposes. In order to benefit the
people of this state, the state’s economy and its general tax
revenues, the commission shall provide for and conduct a
comprehensive and extensive research, advertising, and
educational campaign as continuous as the crop, sales, and
market conditions reasonably require. It shall investigate and
ascertain the needs of producers, conditions of the markets,
and extent to which public convenience and necessity require
research and advertising to be conducted. [2002 c 313 §
120; 1961 c 11 § 15.24.080. Prior: 1937 c 195 § 13, part;
RRS § 2874-13, part.]
products commission. [2002 c 313 § 121; 1961 c 11 §
15.24.085. Prior: 1953 c 222 § 1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.086 Promotional printing contracts—
Contractual conditions of employment. All such printing
contracts provided for in this section and RCW 15.24.085
shall be executed and performed under conditions of employment which shall substantially conform to the laws of this
state respecting hours of labor, the minimum wage scale, and
the rules and regulations of the department of labor and
industries regarding conditions of employment, hours of
labor, and minimum wages, and the violation of such
provision of any contract shall be ground for cancellation
thereof. [1994 c 164 § 1; 1973 1st ex.s. c 154 § 20; 1961
c 11 § 15.24.086. Prior: 1953 c 222 § 2.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
15.24.090 Decrease or increase in assessments—
Grounds—Procedure. If it appears from investigation by
the commission that the revenue from the assessment levied
on fresh apples under this chapter is too high or is inadequate to accomplish the purposes of this chapter, the
commission shall adopt a resolution setting forth the necessities of the industry, the extent and probable cost of the
required research, market promotion, and advertising, the
extent of public convenience, interest, and necessity, and
probable revenue from the assessment levied. It shall
thereupon decrease or increase the assessment to a sum
determined by the commission to be necessary for those
purposes based upon a rate per one hundred pounds of
apples, gross billing weight, shipped in bulk, container, or
any style of package or reasonable equivalent net product
assessment as determined by the commission. However, if
a different rate is determined for any specific variety or for
fresh apples sliced or cut for raw consumption, that different
rate must be applied to that variety or those sliced or cut
apples. A decrease or an increase becomes effective sixty
days after the resolution is adopted or on any other date provided for in the resolution, but shall be first referred by the
commission to a referendum mail ballot by the apple
growers of this state conducted under the supervision of the
director and be approved by a majority of the growers voting
on it and also be approved by voting growers who operate
more than fifty percent of the acreage voted in the same
election. After the mail ballot, if favorable to the increase
or decrease, the commission shall nevertheless exercise its
independent judgment and discretion as to whether or not to
approve the increase or decrease. [2002 c 313 § 122; 1983
c 95 § 1; 1979 c 20 § 1; 1967 c 240 § 27; 1963 c 145 § 6;
1961 c 11 § 15.24.090. Prior: 1953 c 43 § 1; 1937 c 195
§ 13, part; RRS § 2874-13, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.085 Promotional printing not restricted by
public printer laws. The restrictive provisions of chapter
43.78 RCW shall not apply to promotional printing and
literature for the Washington apple commission, the Washington state fruit commission, or the Washington state dairy
[Title 15 RCW—page 28]
15.24.100 Assessments levied. There is hereby levied
upon all fresh apples grown annually in this state, and all
apples packed as Washington apples, an assessment of
twelve cents on each one hundred pounds gross billing
weight or reasonable equivalent net product assessment
measurement, as determined by the commission, plus such
(2002 Ed.)
Washington Apple Commission
annual decreases or increases thereof as are imposed pursuant to the provisions of RCW 15.24.090. All moneys
collected hereunder shall be expended to effectuate the
purpose and objects of this chapter. [2002 c 313 § 123;
1967 c 240 § 28; 1963 c 145 § 7; 1961 c 11 § 15.24.100.
Prior: 1937 c 195 § 9; RRS § 2874-9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.110 Collection—Due date—Stamps—Rulemaking exemption. The assessments on fresh apples shall
be paid, or provision made therefor satisfactory to the commission, prior to shipment, and no fresh apples shall be
carried, transported, or shipped by any person or by any
carrier, railroad, truck, boat, or other conveyance until the
assessment has been paid or provision made therefor satisfactory to the commission.
The commission shall by rule prescribe the method of
collection, and for that purpose may require stamps to be
known as "Washington apple stamps" to be purchased from
the commission and attached to the containers, invoices,
shipping documents, inspection certificates, releases, or
receiving receipts or tickets. Rule-making procedures
conducted under this section are exempt from the provisions
of RCW 43.135.055 when adoption of the rule or rules is
determined by a referendum vote of the persons taxed under
this chapter. [2002 c 313 § 124; 1967 c 240 § 29; 1961 c
11 § 15.24.110. Prior: 1937 c 195 § 12; RRS § 2874-12.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.120 Records kept by dealers, handlers,
processors. Each dealer, handler, and processor shall keep
a complete and accurate record of all apples handled,
shipped, or processed by him. This record shall be in such
form and contain such information as the commission may
by rule or regulation prescribe, and shall be preserved for a
period of two years, and be subject to inspection at any time
upon demand of the commission or its agents. [1961 c 11
§ 15.24.120. Prior: 1937 c 195 § 10; RRS § 2874-10.]
15.24.130 Returns rendered by dealers, handlers,
processors. Each dealer, handler, and processor shall at
such times as the commission may by rule or regulation
require, file with the commission a return under oath on
forms to be furnished by the commission, stating the
quantity of apples handled, shipped, or processed by him
during the period prescribed by the commission. The return
shall contain such further information as the commission
may require. [1961 c 11 § 15.24.130. Prior: 1937 c 195 §
11; RRS § 2874-11.]
15.24.140 Right to inspect. The commission may
inspect the premises and records of any carrier, handler,
dealer, or processor for the purpose of enforcing this chapter
and the collection of the excise tax. [1961 c 11 § 15.24.140.
Prior: 1937 c 195 § 19; RRS § 2874-19.]
15.24.150 Treasurer—Bond—Duties—Funds. The
commission shall appoint a treasurer who shall file with it a
fidelity bond executed by a surety company authorized to do
business in this state, in favor of the commission and the
(2002 Ed.)
15.24.100
state, in the penal sum of fifty thousand dollars, conditioned
upon the faithful performance of his duties and strict
accounting of all funds of the commission.
All money received by the commission, or any other
state official from the assessment herein levied, shall be paid
to the treasurer, deposited in such banks as the commission
may designate, and disbursed by order of the commission.
None of the provisions of RCW 43.01.050 shall apply to
money collected under this chapter. [1961 c 11 § 15.24.150.
Prior: 1937 c 195 § 6; RRS § 2874-6.]
15.24.160 Promotional plans—Purpose—Authority
of commission—Liability. To maintain and complement
the existing comprehensive regulatory scheme, the commission may employ, designate as agent, act in concert with,
and enter into contracts with any person, council, or commission, including but not limited to the director, state agencies
such as the Washington state fruit commission and its
successors, statewide horticultural associations, organizations
or associations engaged in tracking the movement and
marketing of horticultural products, and organizations or
associations of horticultural growers, for the purpose of
promoting the general welfare of the apple industry and
particularly for the purpose of assisting in the sale and
distribution of apples in domestic or foreign commerce, and
expend its funds or such portion thereof as it may deem
necessary or advisable for such purpose and for the purpose
of paying its proportionate share of the cost of any program
providing direct or indirect assistance to the sale and
distribution of apples in domestic or foreign commerce. For
such purposes it may employ and pay for legal counsel and
contract and pay for other professional services. Neither the
state, nor any member, agent, or employee of the commission, is liable for the acts of the commission, or upon its
contracts. In any civil or criminal action or proceeding for
violation of any rule of [or] statutory or common law against
monopolies or combinations in restraint of trade, including
any action under chapter 19.86 RCW, proof that the act
complained of was done in compliance with the provisions
of this chapter, and in furtherance of the purposes and
provisions of this chapter, is a complete defense to such an
action or proceeding. [2002 c 313 § 126; 1961 c 11 §
15.24.160. Prior: 1947 c 280 § 3; Rem. Supp. 1947 §
2909-3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.170 Rules and regulations—Filing—
Publication. Rules, regulations, and orders made by the
commission shall be filed with the director and published in
a legal newspaper in the cities of Wenatchee and Yakima
within five days after being made, and shall become effective pursuant to the provisions of RCW 34.05.380. [2002 c
313 § 127; 1975 1st ex.s. c 7 § 37; 1961 c 11 § 15.24.170.
Prior: 1937 c 195 § 18; RRS § 2874-18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.180 Enforcement. All county and state law
enforcement officers and all employees and agents of the
department shall enforce this chapter. [1961 c 11 §
15.24.180. Prior: 1937 c 195 § 16; RRS § 2874-16.]
[Title 15 RCW—page 29]
15.24.190
Title 15 RCW: Agriculture and Marketing
15.24.190 Claims enforceable against commission
assets—Nonliability of other persons and entities—
Exception. Obligations incurred by the commission and any
other liabilities or claims against the commission shall be
enforced only against the assets of the commission, and no
liability for the debts or actions of the commission exists
against either the state of Washington or any subdivision or
instrumentality thereof, or against any member, employee, or
agent of the commission in his or her individual capacity.
Except as otherwise provided in this chapter, neither the
members of the commission nor its employees may be held
individually responsible for errors in judgment, mistakes, or
other acts, either of commission or omission, as principal,
agent, person, or employee, save for their own individual
acts of dishonesty or crime. No such person or employee
may be held responsible individually for any act or omission
of any other member of the commission. The liability of the
members of the commission shall be several and not joint,
and no member is liable for the default of any other member. [1987 c 393 § 4; 1961 c 11 § 15.24.190. Prior: 1937
c 195 § 7; RRS § 2874-7.]
15.24.200 Penalties. Any person who violates or aids
in the violation of any provision of this chapter shall be
guilty of a gross misdemeanor, and any person who violates
or aids in the violation of any rule or regulation of the
commission shall be guilty of a misdemeanor. [1961 c 11
§ 15.24.200. Prior: 1937 c 195 § 14; RRS § 2874-14.]
15.24.210 Prosecutions. Any prosecution brought
under this chapter may be instituted in any county in which
the defendant or any defendant resides, or in which the
violation was committed, or in which the defendant or any
defendant has his principal place of business.
The superior courts are hereby vested with jurisdiction
to enforce the provisions of this chapter and the rules and
regulations of the commission issued hereunder, and to
prevent and restrain violations thereof. [1961 c 11 §
15.24.210. Prior: 1937 c 195 § 15; RRS § 2874-15.]
15.24.215 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 72.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.800 Financing assistance for commission
building. The legislature hereby finds that, in order to
permit the Washington apple commission to accomplish
more efficiently its important public purposes, as enumerated
in chapter 15.24 RCW, it is necessary for the state to assist
in financing a new building for the commission, to be
located on Euclid Avenue in Chelan county, and housing
commission offices, warehouse space, and a display room.
The state’s assistance shall augment approximately five
hundred thousand dollars in commission funds which will be
[Title 15 RCW—page 30]
applied directly to the payment of the costs of this project.
The state’s assistance shall be in the amount of eight
hundred thousand dollars, or so much thereof as may be
required, to be provided from the proceeds from the sale and
issuance of general obligation bonds of the state, the principal of and interest on which shall be reimbursed to the state
treasury by the commission from revenues derived from the
assessments levied pursuant to chapter 15.24 RCW and other
sources. [2002 c 313 § 128; 1987 c 6 § 1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1987 c 6 § 12.]
15.24.802 General obligation bonds to fund commission building. For the purpose of providing part of the
funds necessary for the Washington apple commission to
undertake a capital project consisting of the land acquisition
for, and the design, construction, furnishing, and equipping
of, the building described in RCW 15.24.800, and to pay the
administrative costs of such project, including costs of bond
issuance and retirement, salaries and related costs of officials
and employees of the state, and other expenses incidental to
the administration of such project, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of eight hundred thousand
dollars, or so much thereof as may be required. [2002 c 313
§ 129; 1987 c 6 § 2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.804 Bond issuance and sale. The bonds
authorized in RCW 15.24.802 shall be issued and sold in
accordance with the provisions of chapter 39.42 RCW.
[1987 c 6 § 3.]
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.806 Bond proceeds, etc., to state building
construction account. The proceeds from the sale of the
bonds authorized in RCW 15.24.802, together with all
grants, donations, transferred funds, and all other moneys
which the state finance committee or the Washington apple
commission may direct the state treasurer to deposit therein,
shall be deposited in the state building construction account
in the state treasury. [2002 c 313 § 130; 1987 c 6 § 4.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.808 Expenditure of bond proceeds. Subject to
legislative appropriation, all proceeds from the sale of the
bonds authorized in RCW 15.24.802 shall be administered
and expended by the Washington apple commission exclusively for the purposes specified in RCW 15.24.802. [2002
c 313 § 131; 1987 c 6 § 5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.810 Fund for payment of bond principal and
interest. The state general obligation bond retirement fund
shall be used for the payment of the principal of and interest
(2002 Ed.)
Washington Apple Commission
on the bonds authorized to be issued under RCW 15.24.802.
The state finance committee may provide for the creation of
one or more separate accounts in such fund to facilitate
payment of such principal and interest.
On or before June 30 of each year, the state finance
committee shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the
payment of the principal of and the interest on such bonds
coming due in accordance with the provisions of the bond
proceedings. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state
revenues received in the state treasury and deposit in the
state general obligation bond retirement fund, or a special
account in such fund, the amount certified by the state
finance committee to be due on the payment date. [1987 c
6 § 6.]
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.812 Certification and payment of bond
principal and interest. On or before June 30 of each year,
the state finance committee shall certify to the Washington
apple commission the principal and interest payments determined under RCW 15.24.810, exclusive of deposit interest
credit, attributable to the bonds issued under RCW
15.24.802. On each date on which any interest or principal
and interest payment is due, the commission shall cause the
amount certified by the state finance committee to be due on
such date to be paid out of the commission’s general fund to
the state treasurer for deposit into the general fund of the
state treasury. [2002 c 313 § 132; 1987 c 6 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.814 RCW 15.24.810 and 15.24.812 not
exclusive method of payment. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
15.24.802, and RCW 15.24.810 and 15.24.812 shall not be
deemed to provide an exclusive method for the payment of
such principal and interest. [1987 c 6 § 8.]
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.816 Bonds constitute legal investments for
state and other public funds. The bonds authorized by
RCW 15.24.802 shall constitute legal investments for all
state funds or for funds under state control and all funds of
any other public body. [1987 c 6 § 9.]
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.818 Bonds to be issued only after certification
of sufficiency of funds. The bonds authorized by RCW
15.24.802 shall be issued only after the treasurer of the
Washington apple commission has certified that the net
proceeds of the bonds, together with all money to be made
available by the commission for the purposes described in
RCW 15.24.802, shall be sufficient for such purposes; and
also that, based upon the treasurer’s estimates of future
income from assessments levied pursuant to chapter 15.24
RCW and other sources, an adequate balance will be
(2002 Ed.)
15.24.810
maintained in the commission’s general fund to enable the
commission to meet the requirements of RCW 15.24.812
during the life of the bonds to be issued. [2002 c 313 §
133; 1987 c 6 § 10.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1987 c 6: See note following RCW 15.24.800.
15.24.900 Purpose of chapter—Regulation of apples
and apple products—Existing comprehensive scheme—
Applicable laws. (1) This chapter is passed:
(a) In the exercise of the police power of the state to assure, through this chapter, and other chapters, that the apple
industry is highly regulated to protect the public health, to
prevent fraudulent practices, to promote the welfare of the
state, and to stabilize and protect the apple industry of the
state as a vital and integral part of its economy for the
benefit of all its citizens;
(b) Because the apple crop grown in Washington
comprises one of the major agricultural crops of Washington,
and that therefore the business of selling and distributing
such crop and the expanding and protection of its market is
of public interest;
(c) Because it is necessary and expedient to enhance the
reputation of Washington apples in domestic and foreign
markets;
(d) Because it is necessary to discover the health giving
qualities and food and dietetic value of Washington apples,
and to spread that knowledge throughout the world in order
to increase the consumption of Washington apples;
(e) Because Washington grown apples are handicapped
by high freight rates in competition with eastern and foreign
grown apples in the markets of the world, and this disadvantage can only be overcome by education and advertising;
(f) Because the stabilizing and promotion of the apple
industry, the enlarging of its markets, and the increasing of
the consumption of apples are necessary to assure and
increase the payment of taxes to the state and its subdivisions, to alleviate unemployment within the state, and
increase wages for agricultural labor;
(g) To disseminate information giving the public full
knowledge of the manner of production, the cost and
expense thereof, the care taken to produce and sell only
apples of the finest quality, the methods and care used in
preparing for market, and the methods of sale and distribution to increase the amount secured by the producer
therefor, so that they can pay higher wages and pay their
taxes, and by such information to reduce the cost of distribution so that the spread between the cost to the consumer
and the amount received by the producer will be reduced to
the minimum absolutely necessary; and
(h) To protect the general public by educating it in
reference to the various varieties and grades of Washington
apples, the time to use and consume each variety, and the
uses to which each variety should be put.
(2) The history, economy, culture, and future of Washington state’s agricultural industry involves the apple
industry. In order to develop and promote apples and apple
products as part of an existing comprehensive scheme to
regulate those products, the legislature declares:
(a) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
[Title 15 RCW—page 31]
15.24.900
Title 15 RCW: Agriculture and Marketing
apple and apple products be properly promoted by establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standards of and for apples and apple
products; and by working to stabilize the apple industry and
by increasing consumption of apples and apple products
within the state, nation, and internationally;
(b) That apple producers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
agricultural producer’s ability to compete in local, domestic,
and foreign markets;
(c) That it is in the overriding public interest that
support for the apple industry be clearly expressed, that
adequate protection be given to agricultural commodities,
uses, activities, and operations, and that apples and apple
products be promoted individually, as well as part of a
comprehensive promotion of the agricultural industry to:
(i) Enhance the reputation and image of Washington
state’s agricultural industry;
(ii) Increase the sale and use of apples and apple
products in local, domestic, and foreign markets;
(iii) Protect the public and consumers by correcting any
false or misleading information and by educating the public
in reference to the quality, care, and methods used in the
production of apples and apple products, and in reference to
the various sizes, grades, and varieties of apples and the uses
to which each should be put;
(iv) Increase the knowledge of the health-giving
qualities and dietetic value of apple products; and
(v) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of apples and apple products;
(d) That the apple industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulation of the industry. Other regulations and restraints applicable to the apple industry include:
(i) Washington agriculture general provisions, chapter
15.04 RCW;
(ii) Pests and diseases, chapter 15.08 RCW;
(iii) Standards of grades and packs, chapter 15.17 RCW;
(iv) Tree fruit research, chapter 15.26 RCW;
(v) Controlled atmosphere storage, chapter 15.30 RCW;
(vi) Higher education in agriculture, chapter 28.30
[28B.30] RCW;
(vii) Department of agriculture, chapter 43.23 RCW;
(viii) Fertilizers, minerals, and limes under chapter
15.54 RCW;
(ix) Organic food products act under chapter 15.86
RCW;
(x) Intrastate commerce in food, drugs, and cosmetics
under chapter 69.04 RCW and rules;
(xi) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(xii) Planting stock under chapter 15.14 RCW;
(xiii) Washington pesticide control act under chapter
15.58 RCW;
(xiv) Farm marketing under chapter 15.64 RCW;
(xv) Insect pests and plant diseases under chapter 17.24
RCW;
(xvi) Weights and measures under chapter 19.94 RCW;
[Title 15 RCW—page 32]
(xvii) Agricultural products—Commission merchants,
dealers, brokers, buyers, and agents under chapter 20.01
RCW; and
(xviii) The federal insecticide, fungicide, and rodenticide
act under 7 U.S.C. Sec. 136; and
(e) That this chapter is in the exercise of the police
powers of this state for the purposes of protecting the health,
peace, safety, and general welfare of the people of this state.
[2002 c 313 § 134; 1961 c 11 § 15.24.900. Prior: 1937 c
195 § 1; RRS § 2874-1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.24.910. Prior: 1937 c
195 § 17; RRS § 2874-17.]
15.24.920 Severability—1967 c 240. See note
following RCW 43.23.010.
Chapter 15.26
TREE FRUIT RESEARCH ACT
Sections
15.26.010
15.26.020
15.26.030
15.26.040
15.26.050
15.26.060
15.26.070
15.26.080
15.26.090
15.26.100
15.26.110
15.26.120
15.26.125
15.26.130
15.26.140
15.26.150
15.26.155
15.26.160
15.26.170
15.26.180
15.26.190
15.26.200
15.26.210
15.26.220
15.26.230
15.26.235
15.26.240
15.26.250
15.26.260
15.26.265
15.26.270
15.26.280
15.26.290
15.26.295
15.26.300
15.26.900
15.26.910
Short title.
Purpose.
Definitions.
Tree fruit research commission created—Membership.
Qualifications of members.
Appointment of members.
Terms of members.
Vacancies.
Quorum.
Compensation—Travel expenses.
Powers of commission.
Assessments levied—Referendum.
Assessment on cherries in excess of the fiscal growth factor
under chapter 43.135 RCW—Washington tree fruit
research commission.
List of producers.
Increase in assessments by referendum.
Additional assessments for special projects.
Additional assessment.
Suspension of assessments.
Payment of assessments required before purchase, receipt or
shipment of fruit.
Records of persons receiving fruit.
Return of dealers, handlers, and processors—Filing—
Contents.
Assessments—When due and payable—Collection.
Assessments—Constitute personal debt.
Assessments—Failure to pay—Collection.
Disposition of moneys collected—Treasurer’s bond.
Collection, administration, and dispersal of funds for industry service programs.
Nonliability of state, members, employees.
Collection of assessments for commission by apple commission and state fruit commission.
Legal costs and expenses to be borne by commission.
Funding staff support—Rules.
Copies of commission’s proceedings, records, acts as evidence.
Moneys collected retained by commission.
Contracts with public or private agencies to carry out chapter.
Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
Violations—Penalty.
Chapter cumulative.
Severability—1969 c 129.
(2002 Ed.)
Tree Fruit Research Act
15.26.010 Short title. This chapter shall be known
and cited as the "tree fruit research act." [1969 c 129 § 1.]
15.26.020 Purpose. The purpose of this chapter is for
the creation of a commission which shall promote and carry
on research and administer specific industry service programs, including but not limited to sanitation programs,
which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of this
state, which shall collect assessments on tree fruit in this
state and which shall coordinate its research efforts with
those of other state, federal, or private agencies doing similar
research. [1983 c 281 § 1; 1969 c 129 § 2.]
15.26.030 Definitions. As used in this chapter, unless
a different meaning is plainly required by the context:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department of
agriculture or his duly authorized representative.
(3) "Person" means any natural persons, firm, partnership, exchange, association, trustee, receiver, corporation,
and any member, officer, or employee thereof or assignee
for the benefit of creditors.
(4) "Producer" means any person who owns or is
engaged in the business of commercially producing tree fruit
or has orchard plantings intended for commercial tree fruit
production.
(5) "Sanitation program" means a program designed to
eliminate pests and/or plants or trees which serve as hosts to
pests or diseases of tree fruits. [1983 c 281 § 2; 1969 c 129
§ 3.]
15.26.040 Tree fruit research commission created—
Membership. There is hereby created the Washington tree
fruit research commission, to be thus known and designated.
The commission shall be composed of nine members. Three
members to be appointed by the Washington state fruit
commission, five members to be appointed by the *apple
advertising commission, and one member representing the
winter pear industry to be appointed by the director. The
director or his duly authorized representative shall be ex
officio member with a vote, to represent all assessed
commodities. The appointed members of the commission
shall serve at the will of their respective appointers even
though appointed for specific terms as set forth in RCW
15.26.070. [1969 c 129 § 4.]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
15.26.050 Qualifications of members. Nine members
of the commission shall be producers who are citizens and
residents of this state. Each producer member shall be over
the age of twenty-five years and have been actively engaged
in growing tree fruits in this state and deriving a substantial
portion of his income therefrom, or having a substantial
amount of orchard acreage devoted to tree fruit production
or as an owner, lessee, partner or an employee or officer of
a firm engaged in the production of tree fruit whose responsibility to such firm shall be primarily in the production of
(2002 Ed.)
15.26.010
tree fruit. Such employee or officer of such firm shall be
actually engaged in such duties relating to the production of
tree fruit with such firm or any other such firm for a period
of at least five years. The qualifications of the members of
the commission set forth in this section shall continue during
their term of office. [1969 c 129 § 5.]
15.26.060 Appointment of members. The *apple
advertising commission shall appoint producer members to
positions one through five on the commission. The Washington state fruit commission shall appoint producer members to positions six through eight on the commission. The
director shall appoint a producer who derives a substantial
portion of his income from the production of winter pears.
[1969 c 129 § 6.]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
15.26.070 Terms of members. The terms of the
members of commission shall be staggered and each shall
serve for a term of three years and until their successor has
been appointed and qualified: PROVIDED, That the first
appointments to the commission beginning July 30, 1969,
shall be for the following terms:
(1) Positions one, four, and seven, one year.
(2) Positions two, five, and eight, two years.
(3) Positions three, six, and nine, three years. [1969 c
129 § 7.]
15.26.080 Vacancies. In the event a commission
member resigns, is disqualified, or vacates his position on
the commission for any other reason, the appointing agency
that originally appointed such member shall within sixty
days appoint a new member to fill the term of the vacated
member. [1969 c 129 § 8.]
15.26.090 Quorum. A majority of the members of
the commission shall constitute a quorum for the transaction
of all business and carrying out the duties of the commission: PROVIDED, That on all fiscal matters, approval for
passage must be by at least two-thirds majority of the said
quorum. [1969 c 129 § 9.]
15.26.100 Compensation—Travel expenses. Each
member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for
actual travel expenses incurred in carrying out the provisions
of this chapter. Employees of the commission may also be
reimbursed for actual travel expenses when out of state on
official commission business. [1984 c 287 § 13; 1975-’76
2nd ex.s. c 34 § 13; 1969 c 129 § 10.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.26.110 Powers of commission. The powers of the
commission shall include the following:
(1) To elect a chairman, treasurer, and such other
officers as it deems advisable;
[Title 15 RCW—page 33]
15.26.110
Title 15 RCW: Agriculture and Marketing
(2) To adopt any rules and regulations necessary to
carry out the purposes and provisions of this chapter, in
conformance with the provisions of the Administrative
Procedure Act, chapter 34.05 RCW, as enacted or hereafter
amended;
(3) To administer and carry out the provisions of this
chapter and do all those things necessary to carry out its
purposes;
(4) To employ and at its pleasure discharge a manager,
secretary, agents, and employees as it deems necessary, and
prescribe their duties and fix their compensation;
(5) To own, lease or contract for any real or personal
property necessary to carry out the purposes of this chapter,
and transfer and convey the same;
(6) To establish offices and incur expenses and enter
into contracts and to create such liabilities as may be
reasonable for administration and enforcement of this
chapter;
(7) Make necessary disbursements for the operation of
the commission in carrying out the purposes and provisions
of this chapter;
(8) To employ, subject to the approval of the attorney
general, attorneys necessary, and to maintain in its own
name any and all legal actions, including actions for injunction, mandatory injunctions, or civil recovery, or proceedings
before administrative tribunals or other government authorities necessary to carry out the purpose of this chapter;
(9) To carry on any research which will or may benefit
the planting, production, harvesting, handling, processing, or
shipment of any tree fruit subject to the provisions of this
chapter. To contract with any person, private or public,
public agency, federal, state or local, or enter into
agreements with other states or federal agencies, to carry on
such research jointly or enter into joint contracts with such
states or federal agencies or other recognized private or
public agencies, to carry on desired research provided for in
this chapter;
(10) To appoint annually, ex officio commission
members without a vote who are experts in research whether
public or private in any area concerning or related to tree
fruit to serve at the pleasure of the commission;
(11) Such other powers and duties that are necessary to
carry out the purpose of this chapter. [1969 c 129 § 11.]
15.26.120 Assessments levied—Referendum. There
is hereby levied on all commercial tree fruit produced in this
state or held out as being produced in this state for fresh or
processing use, an assessment, initially not to exceed ten
cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of
one-half cent per one hundred pounds gross billing weight.
Such assessment on all such commercial tree fruit shall not
become effective until approved by a majority of such
commercial producers of tree fruit voting in a referendum
conducted jointly by the *apple advertising commission,
Washington state fruit commission and the department. The
respective commissions shall supply all known producers of
tree fruits subject to their respective commissions with a
ballot for the referendum and the department shall supply all
known tree fruit producers not subject to either of the
commissions with a ballot wherein all known producers may
[Title 15 RCW—page 34]
approve or disapprove such assessment. The commission
may waive the payment of assessments by any class of
producers of minimal amounts of tree fruit when the commission determines subsequent to a hearing that the cost of
collecting and keeping records of such assessments is
disproportionate to the return to the commission. [1969 c
129 § 12.]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
15.26.125 Assessment on cherries in excess of the
fiscal growth factor under chapter 43.135 RCW—
Washington tree fruit research commission. The Washington tree fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under
chapter 43.135 RCW from the assessment of two dollars per
ton in effect under chapter 16-560 WAC on July 1, 1995, to
four dollars per ton. The commission may also establish an
additional assessment on all tree fruits under RCW 15.26.155
of not more than eight cents per ton.
The assessment limits established by this section are set
solely to provide prior legislative authority for the purposes
of RCW 43.135.055 and may not be construed as providing
a limitation on the authority of the tree fruit research
commission to alter assessments in any manner not limited
by RCW 43.135.055. However, any alteration in assessments made under the authority of this section shall be made
in compliance with the procedural requirements established
by this chapter for altering or amending such assessments.
[1995 c 109 § 2.]
Effective date—1995 c 109: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 109 § 3.]
15.26.130 List of producers. The Washington apple
commission and the Washington state fruit commission shall
supply the director with a list of known producers subject to
paying assessments to the respective commissions. The
director, in addition, shall at the commission’s cost compile
a list of known tree fruit producers producing fruit not
subject to assessments of the Washington apple commission
and the Washington state fruit commission but subject to
assessments or becoming subject to assessments under the
provisions of this chapter. In compiling such list the director
shall publish notice to producers of such tree fruit, requiring
them to file with the director a report giving the producer’s
name, mailing address and orchard location. The notice
shall be published once a week for four consecutive weeks
in weekly or daily newspapers of general circulation in the
area or areas where such tree fruit is produced. All producer
reports shall be filed with the director within twenty days
from the date of last publication of notice or thirty days of
mailing notice to producers of such tree fruit, whichever is
later. The director shall for the purpose of conducting any
referendum affecting tree fruits subject to the provisions of
this chapter keep such list up to date when conducting such
referendum. Every person who becomes a producer after the
list is compiled shall file with the director a similar report,
giving his or her name, mailing address and orchard location.
Such list shall be final and conclusive in conducting referen(2002 Ed.)
Tree Fruit Research Act
dums and failure to notify a producer shall not be cause for
the invalidation of any referendum. [2002 c 313 § 135;
1969 c 129 § 13.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.140 Increase in assessments by referendum.
The producers of tree fruit subject to the provisions of this
chapter may subsequent to approving initial assessment
increase such assessment by referendum when approved by
a majority of the producers voting. [1969 c 129 § 14.]
15.26.150 Additional assessments for special
projects. The producers of any specific tree fruit subject to
the provisions of this chapter may at any time by referendum
conducted by the department and approved by a majority of
the producers voting of such specific tree fruit establish an
additional assessment on such specific tree fruit for special
research projects of special interest to such specific tree fruit.
[1969 c 129 § 15.]
15.26.155 Additional assessment. The producers of
tree fruit subject to the provisions of this chapter may at any
time, by referendum conducted by the department and
approved by a majority of the producers voting, establish an
additional assessment for programs including but not limited
to sanitation programs and the reregistration of plant protection products for use on minor crops. The members of the
commission may, subject to approval by two-thirds of the
voting members of the commission, suspend all or part of
the assessments on tree fruit under this section. [1991 c 257
§ 2; 1983 c 281 § 3.]
15.26.160 Suspension of assessments. The members
of the commission may, subject to approval by two-thirds of
the voting members of the commission, suspend for a period
not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this
chapter. [1969 c 129 § 16.]
15.26.170 Payment of assessments required before
purchase, receipt or shipment of fruit. Such assessments
will be due from the producers. No person shall purchase,
or receive for sale, or shipment out of state any tree fruits
subject to the provisions of this chapter until he has received
proof that the assessment due and payable the commission
has been paid. [1969 c 129 § 17.]
15.26.180 Records of persons receiving fruit. Any
person receiving commercial tree fruits from any producer
thereof or any producer of tree fruit who prepared or
processed his own tree fruit for sale, or shipment for sale
shall keep complete and accurate records of all such tree
fruit. Such records shall meet the requirements of rules or
regulations prescribed by the commission and shall be kept
for two years subject to inspection by duly authorized
representatives of the commission. [1969 c 129 § 18.]
15.26.190 Return of dealers, handlers, and processors—Filing—Contents. Every dealer, handler, and
processor shall at such times as the commission may by rule
(2002 Ed.)
15.26.130
or regulation require, file with the commission a return under
oath on forms to be prescribed and furnished by the commission, stating the quantity of tree fruit, subject to the provisions of this chapter, handled, shipped, or processed by him
during the period or periods of time prescribed by the
commission. Such return shall contain such further information as may be necessary to carry out the objects and
purposes of this chapter. [1969 c 129 § 19.]
15.26.200 Assessments—When due and payable—
Collection. Such assessments on tree fruits shall be due and
payable by the producer thereof by the end of the next
business day that such tree fruits are sold or shipped for sale
unless such time is extended as provided for in RCW
15.26.210 by rule or regulation of the commission. The
commission may by rule or regulation provide that such
assessments shall be collected from the producer and
remitted by the person purchasing, or receiving such tree
fruit for sale, processing, or shipment anywhere. [1969 c
129 § 20.]
15.26.210 Assessments—Constitute personal debt.
Any due and payable assessments herein levied shall
constitute a personal debt of every person so assessed or
who otherwise owes the same and shall be due and payable
as provided for in RCW 15.26.200, unless the commission
by rules or regulations provides for payment to be made not
later than thirty days after the time set forth in RCW
15.26.200: PROVIDED, That such extension of time shall
not apply to any person who is in arrears in his payments to
the commission. [1969 c 129 § 21.]
15.26.220 Assessments—Failure to pay—Collection.
In the event any person fails to pay the full amount of such
assessment or such other sum on or before the due date, the
commission may add to such unpaid assessment or sum an
amount not more than ten percent but not less than one
dollar of the same to defray the cost of enforcing the
collection of such assessment, together with interest on the
unpaid balance of one percent per month commencing the
first month following the month in which payment was due.
In the event of failure of such person or persons to pay any
such due and payable assessment or other such sum, the
commission may bring a civil action against such person or
persons in a state court of competent jurisdiction for the
collection thereof, together with the interest and the above
specified ten percent thereon, and such reasonable attorneys’
fees as may be allowed by the court, and such action shall
be tried and judgment rendered as in any other cause of
action for debt due and payable. [1969 c 129 § 22.]
15.26.230 Disposition of moneys collected—
Treasurer’s bond. All money collected under the authority
of this chapter shall be paid to the treasurer of the commission, and be deposited by him in banks designated by the
commission, and disbursed on the order of the commission.
The treasurer shall file with the commission a fidelity bond,
executed by a surety company authorized to do business in
this state, in favor of the state and the commission, jointly
and severally, in a sum to be fixed by the commission, but
not less than twenty-five thousand dollars, and conditioned
[Title 15 RCW—page 35]
15.26.230
Title 15 RCW: Agriculture and Marketing
upon his faithful performance of his duties and his strict
accounting of all funds of the commission. RCW 43.01.050
shall not apply to money collected under this chapter. [1969
c 129 § 23.]
15.26.235 Collection, administration, and dispersal
of funds for industry service programs. Funds collected
and expenditures made for specific industry service programs
shall be collected, administered, and dispersed separately
from all other funds authorized and collected for research by
the commission. The commission may appoint a committee
to advise them regarding the need for specific industry
service programs and regarding the administration of the
assessments collected under RCW 15.26.155. [1983 c 281
§ 4.]
15.26.240 Nonliability of state, members, employees.
Obligations incurred by the commission shall be enforced
only against the assets of the commission in the same
manner as if it were a corporation and no liability for the
debts or acts of the commission shall exist against either the
state of Washington, or against any member, officer,
employee, or agent of the commission in his individual
capacity. The members of the commission including
employees of the commission, shall not be held responsible
individually in any way whatsoever to any person for errors
in judgment, mistakes or other acts, either of commission or
omission as principal, agent, person or employee, except for
their own individual acts of dishonesty or crime. No such
person or employee shall be held responsible individually for
any act or omission of any other member of the commission.
The liability of the members of the commission shall not be
several and joint and no member shall be liable for the
default of any other member. [1969 c 129 § 24.]
15.26.250 Collection of assessments for commission
by apple commission and state fruit commission. The
Washington apple commission and Washington state fruit
commission in order to avoid unnecessary duplication of
costs and efforts in collecting assessments for tree fruits at
the time said commissions collect assessments due under the
provisions of their acts may also collect the assessment due
the commission on such tree fruit. Such assessments on
winter pears may be collected by the Washington state fruit
commission or in a manner prescribed by the commission.
Assessments collected for the commission by the Washington apple commission and the Washington state fruit
commission shall be forwarded to the commissions expeditiously. No fee shall be charged the commission for the
collection of assessments because the research conducted by
the commission shall be of direct benefit to all commercial
growers of tree fruits in the state of Washington. However,
the commission shall reimburse at actual cost to the department or the Washington state fruit commission or apple
commission any assessment collected for the commission by
such agencies for any tree fruit subject to the provisions of
this chapter, but not subject to pay assessments to the
Washington state fruit commission or the Washington apple
commission. [2002 c 313 § 136; 1969 c 129 § 25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 36]
15.26.260 Legal costs and expenses to be borne by
commission. All legal costs and expenses that may be
incurred in the collection of delinquent accounts owed this
commission shall be borne by the commission; except as
provided for otherwise in RCW 15.26.220. [1969 c 129 §
26.]
15.26.265 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 73.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.270 Copies of commission’s proceedings,
records, acts as evidence. Copies of the commission’s
proceedings, records, and acts when certified by the secretary
and authenticated by the commission’s seal shall be admissible in all courts as prima facie evidence of the truth of all
statements therein. [1969 c 129 § 27.]
15.26.280 Moneys collected retained by commission.
All moneys collected by the commission under the provisions of this chapter shall be retained by the commission for
the purpose of carrying out the purpose and provisions of
this chapter. The commission may accept and retain any
moneys from private persons or private or public agencies to
carry out the purposes and provisions of this chapter. [1969
c 129 § 28.]
15.26.290 Contracts with public or private agencies
to carry out chapter. The commission may enter into
agreement or contract with any private person or any private
or public agency whether federal, state or local in order to
carry out the purposes and provisions of this chapter. [1969
c 129 § 29.]
15.26.295 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Under RCW 42.17.31907, certain agricultural
business records, commission records, and department of
agriculture records relating to the commission and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the
statements do not identify the information furnished by any
person; or
(2002 Ed.)
Tree Fruit Research Act
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement of the manner of the violation by that person. [2002
c 313 § 67.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.300 Violations—Penalty. Any person violating
any provision of this chapter or any rule or regulation
adopted hereunder shall be guilty of a misdemeanor and
guilty of a gross misdemeanor for any second and subsequent violation: PROVIDED, That any offense committed
more than five years after a previous conviction shall be
considered a first offense. [1969 c 129 § 30.]
15.26.900 Chapter cumulative. The provisions of
this chapter shall be cumulative and nonexclusive and shall
not affect any other remedy. [1969 c 129 § 32.]
15.26.910 Severability—1969 c 129. If any provision
of this act or its application to any person or circumstances
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1969 c 129 § 33.]
Chapter 15.28
SOFT TREE FRUITS
Sections
15.28.010
15.28.015
15.28.020
15.28.030
15.28.040
15.28.050
15.28.055
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
15.28.170
15.28.175
15.28.180
15.28.190
15.28.200
15.28.210
15.28.220
15.28.230
15.28.240
15.28.250
15.28.260
15.28.270
15.28.280
15.28.290
15.28.300
(2002 Ed.)
Definitions.
Regulating soft tree fruits—Commission created—Existing
comprehensive scheme—Applicable laws.
Commission composition—Voting and ex officio—Quorum.
Qualifications of voting members.
Election of voting members—Positions.
Terms of office.
Terms of present members.
Nominating meetings—Notice—Election—Ballots—Eligible
voters.
Rules and regulations—Establishment of subdistricts.
Vacancies on commission—How filled.
Compensation of members—Travel expenses.
Powers of commission.
Duties of commission.
Copies of records as evidence.
State, personal, nonliability—Obligations limited by collections—Defense to certain civil or criminal actions.
District advisory and state commodity committees.
Committee organization—Duties.
Annual assessment—Exemption—Brined sweet cherries
assessable.
Research and advertising—Power to increase assessment.
Promotional printing and literature—Contracts.
Increase of assessment for specific fruit or classification—
Procedure.
Deposit of funds—Treasurer’s bond.
Use of funds—Contributions.
Records kept—Preservation—Inspection of.
Returns to commission.
Due date of assessments—Delinquent penalty.
Collection rules—Use of "stamps."
Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.
Publications by commission—Subscriptions.
Violations—Penalty.
Venue of actions—Jurisdiction of courts.
Duty to enforce.
Rules and regulations—Filing—Publication.
15.28.305
15.28.310
15.28.315
15.28.320
15.28.910
15.26.295
Rule making—Exemptions.
Authority to agents of commission to inspect.
Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
Funding staff support—Rules.
Liberal construction.
15.28.010 Definitions. As used in this chapter:
(1) "Commission" means the Washington state fruit
commission.
(2) "Shipment" or "shipped" includes loading in a
conveyance to be transported to market for resale, and
includes delivery to a processor or processing plant, but does
not include movement from the orchard where grown to a
packing or storage plant within this state for fresh shipment;
(3) "Handler" means any person who ships or initiates
the shipping operation, whether as owner, agent or otherwise;
(4) "Dealer" means any person who handles, ships,
buys, or sells soft tree fruits other than those grown by him
or her, or who acts as sales or purchasing agent, broker, or
factor of soft tree fruits;
(5) "Processor" or "processing plant" includes every
person or plant receiving soft tree fruits for the purpose of
drying, dehydrating, canning, pressing, powdering, extracting, cooking, quick-freezing, brining, or for use in manufacturing a product;
(6) "Soft tree fruits" mean Bartlett pears and all varieties
of cherries, apricots, prunes, plums, and peaches, which
includes all varieties of nectarines. "Bartlett pears" means
and includes all standard Bartlett pears and all varieties,
strains, subvarieties, and sport varieties of Bartlett pears
including Red Bartlett pears, that are harvested and utilized
at approximately the same time and approximately in the
same manner.
(7) "Commercial fruit" or "commercial grade" means
soft tree fruits meeting the requirements of any established
or recognized fresh fruit or processing grade. Fruit bought
or sold on orchard run basis and not subject to cull
weighback shall be deemed to be "commercial fruit."
(8) "Cull grade" means fruit of lower than commercial
grade except when such fruit included with commercial fruit
does not exceed the permissible tolerance permitted in a
commercial grade;
(9) "Producer" means any person who is a grower of
any soft tree fruit;
(10) "District No. 1" or "first district" includes the counties of Chelan, Okanogan, Grant, Douglas, Ferry, Stevens,
Pend Oreille, Spokane and Lincoln;
(11) "District No. 2" or "second district" includes the
counties of Kittitas, Yakima, and Benton county north of the
Yakima river;
(12) "District No. 3" or "third district" comprises all of
the state not included in the first and second districts;
(13) "Mail" or "send" for purposes of any notice relating
to rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail;
(14) "Department" means the department of agriculture;
(15) "Director" means the director of agriculture. [2002
c 313 § 104; 1989 c 354 § 27; 1973 c 11 § 1; 1963 c 51 §
[Title 15 RCW—page 37]
15.28.010
Title 15 RCW: Agriculture and Marketing
1; 1961 c 11 § 15.28.010. Prior: 1955 c 47 § 1; 1947 c 73
§ 1; Rem. Supp. 1947 § 2909-10.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1989 c 354: See note following RCW 15.36.012.
15.28.015 Regulating soft tree fruits—Commission
created—Existing comprehensive scheme—Applicable
laws. The history, economy, culture, and the future of
Washington state’s agriculture involves the production of
soft tree fruits. In order to develop and promote
Washington’s soft tree fruits as part of an existing comprehensive regulatory scheme the legislature declares:
(1) That the Washington state fruit commission is
created;
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
soft tree fruits be properly promoted by (a) enabling the soft
tree fruit industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered cooperative marketing,
grading, and standardizing of soft tree fruits they produce;
and (b) working to stabilize the soft tree fruit industry by
increasing consumption of soft tree fruits within the state,
the nation, and internationally;
(3) That producers of soft tree fruits operate within a
regulatory environment that imposes burdens on them for the
benefit of society and the citizens of the state and includes
restrictions on marketing autonomy. Those restrictions may
impair the producers of soft tree fruits in their ability to
compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that
support for the soft tree fruit industry be clearly expressed,
that adequate protection be given to agricultural commodities, uses, activities, and operations, and that soft tree fruits
be promoted individually, and as part of a comprehensive
industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of Washington state’s soft
tree fruits in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s soft tree fruits;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of soft tree fruits;
(e) Support and engage in cooperative programs or
activities that benefit the production, handling, processing,
marketing, and uses of soft tree fruits produced in Washington state;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state and to stabilize and protect the soft tree fruit
industry of the state; and
(6) That the production and marketing of soft tree fruit
is a highly regulated industry and that the provisions of this
chapter and the rules adopted under it are only one aspect of
the regulated industry. Other regulations and restraints
applicable to the soft tree fruit industry include:
(a) The federal marketing order under 7 C.F.R. Part 922
(apricots);
[Title 15 RCW—page 38]
(b) The federal marketing order under 7 C.F.R. Part 923
(sweet cherries);
(c) The federal marketing order under 7 C.F.R. Part 924
(prunes);
(d) The federal marketing order under 7 C.F.R. Part 930
(tart cherries);
(e) The federal marketing order under 7 C.F.R. Part 931
(Bartlett pears);
(f) Tree fruit research act under chapter 15.26 RCW;
(g) Controlled atmosphere storage of fruits and vegetables under chapter 15.30 RCW;
(h) Organic food products act under chapter 15.86
RCW;
(i) Intrastate commerce in food, drugs, and cosmetics
under chapter 69.04 RCW and rules;
(j) Washington food processing act under chapter 69.07
RCW;
(k) Washington food storage warehouses act under
chapter 69.10 RCW;
(l) Weighmasters under chapter 15.80 RCW;
(m) Horticultural pests and diseases under chapter 15.08
RCW;
(n) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(o) Planting stock under chapter 15.14 RCW;
(p) Standards of grades and packs under chapter 15.17
RCW;
(q) Washington pesticide control act under chapter 15.58
RCW;
(r) Farm marketing under chapter 15.64 RCW;
(s) Insect pests and plant diseases under chapter 17.24
RCW;
(t) Weights and measures under chapter 19.94 RCW;
(u) Agricultural products—Commission merchants,
dealers, brokers, buyers, and agents under chapter 20.01
RCW; and
(v) Rules under the Washington Administrative Code,
Title 16. [2002 c 313 § 103.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.020 Commission composition—Voting and ex
officio—Quorum. The commission is composed of sixteen
voting members, as follows: Ten producers, four dealers,
and two processors, who are elected and qualified as
provided in this chapter. The director, or an authorized
representative, shall be an ex officio member without a vote.
A majority of the voting members constitute a quorum
for the transaction of any business. [2002 c 313 § 105; 1967
c 191 § 1; 1961 c 11 § 15.28.020. Prior: (i) 1947 c 73 § 2;
Rem. Supp. 1947 § 2901-11. (ii) 1947 c 73 § 9; Rem. Supp.
1947 § 2909-18. (iii) 1947 c 73 § 13, part; Rem. Supp.
1947 § 2909-22, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective date—1967 c 191: "This act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately: PROVIDED, That section 5 of this 1967 amendatory act shall
not take effect until July 1, 1968." [1967 c 191 § 9.]
15.28.030 Qualifications of voting members. All
voting members must be citizens and residents of this state.
Each producer member must be over the age of twenty-five
(2002 Ed.)
Soft Tree Fruits
years, and be, and for five years have been, actively engaged
in growing soft tree fruits in this state, and deriving a
substantial portion of his income therefrom, or have a
substantial amount of orchard acreage devoted to soft tree
fruit production as an owner, lessee, partner, or a stockholder
owning at least ten percent of the voting stock in a corporation engaged in the production of soft tree fruit. He cannot
be engaged directly in business as a dealer. Each dealer
member must be actively engaged, either individually or as
an executive officer, employee or sales manager on a
management level, or managing agent of an organization, as
a dealer. Each processor member must be engaged, either
individually or as an executive officer, employee on a
management level, sales manager, or managing agent of an
organization, as a processor. Only one dealer member may
be in the employ of any one person or organization engaged
in business as a dealer. Only one processor member may be
in the employ of any one person or organization engaged in
business as a processor. Said qualifications must continue
throughout each member’s term of office. [1967 c 191 § 2;
1961 c 11 § 15.28.030. Prior: 1947 c 73 § 3; Rem. Supp.
1947 § 2909-12.]
15.28.040 Election of voting members—Positions.
Of the producer members, four shall be elected from the first
district and occupy positions one, two, three and four; four
shall be elected from the second district and occupy positions five, six, seven and eight, and two shall be elected
from the third district and occupy positions nine and ten.
Of the dealer members, two shall be elected from each
of the first and second districts and respectively occupy
positions eleven and twelve from the first district and
positions thirteen and fourteen from the second district.
The processor members shall be elected from the state
at large and occupy positions fifteen and sixteen. The dealer
member position previously referred to as position twelve
shall henceforth be position thirteen. The processor member
position heretofore referred to as position fourteen shall
cease to exist on March 21, 1967. The processor member
position heretofore referred to as thirteen shall be known as
position sixteen. [1967 c 191 § 3; 1961 c 11 § 15.28.040.
Prior: 1947 c 73 § 4; Rem. Supp. 1947 § 2909-13.]
15.28.050 Terms of office. The regular term of office
of the members of the commission shall be three years
commencing on May 1, following the date of election and
until their successors are elected and qualified, except,
however, that the first term of dealer position twelve in the
first district shall be for two years and expire May 1, 1969.
[1967 c 191 § 4; 1961 c 11 § 15.28.050. Prior: 1947 c 73
§ 5; Rem. Supp. 1947 § 2909-14.]
15.28.055 Terms of present members. Present
members of the state fruit commission as provided for in
RCW 15.28.020 shall serve until the first day of May of the
year in which their terms would ordinarily expire and until
their successors are elected and qualified. [1967 c 191 § 8.]
15.28.060 Nominating meetings—Notice—Election—
Ballots—Eligible voters. The director shall call meetings
at times and places concurred upon by the director and the
(2002 Ed.)
15.28.030
commission for the purpose of nominating producer, dealer
or processor members for election to the commission when
such members’ terms are about to expire. Notice of such
meetings shall be given at least sixty days prior to the time
the respective members’ term is about to expire. The
nominating meetings shall be held at least sixty days prior to
the expiration of the respective members’ term of office.
Notice shall be given by the commission by mail to all
known persons having a right to vote for such respective
nominee’s election to the commission.
Further, the commission shall publish notice at least
once in a newspaper of general circulation in the district
where the nomination is to be held. Such a newspaper may
be published daily or weekly. The failure of any person
entitled to receive notice of such nominating meeting shall
not invalidate such nominating meeting or the election of a
member nominated at such meeting.
Any person qualified to serve on the commission may
be nominated orally at said nomination meetings. Written
nominations, signed by five persons qualified to vote for the
said nominee, may be made for five days subsequent to said
nomination meeting. Such written nominations shall be filed
with the commission at its Yakima office.
Members of the commission shall be elected by a secret
mail ballot, and such election shall be conducted under the
supervision of the director, and the elected candidate shall
become a member of the commission upon certification of
the director that said elected candidate has satisfied the required qualifications for membership on the commission.
When only one nominee is nominated for any position
on the commission, the director shall, if such nominee
satisfies the requirements of the position for which he was
nominated, certify the said nominee as to his qualifications
and then it shall be deemed that said nominee has been duly
elected. Nominees receiving a majority of the votes in an
election shall be considered to have been elected and if more
than one position is to be filled in a district or at large, the
nominees respectively receiving the largest number of votes
shall be deemed to have been elected to fill the vacancies
from said districts or areas on the commission. Persons
qualified to vote for members of the commission shall, except as otherwise provided by law or rule or regulation of
the commission, vote only in the district in which their
activities make them eligible to vote for a member of the
commission.
A producer to be eligible to vote in an election for a
producer member of the commission must be a commercial
producer of soft tree fruits paying assessments to the
commission.
When a legal entity acting as a producer, dealer, or
processor is qualified to vote for a candidate in any district
or area to serve in a specified position on the commission,
such legal entity may cast only one vote for such candidate,
regardless of the number of persons comprising such legal
entity or stockholders owning stock therein. [1967 c 191 §
6; 1963 c 51 § 2; 1961 c 11 § 15.28.060. Prior: 1947 c 73
§ 6; Rem. Supp. 1947 § 2909-15.]
15.28.070 Rules and regulations—Establishment of
subdistricts. The commission shall have the authority,
subject to the provisions of chapter 34.05 RCW (Administra[Title 15 RCW—page 39]
15.28.070
Title 15 RCW: Agriculture and Marketing
tive Procedure Act), for adopting rules and regulations, after
public hearing, establishing one or more subdistricts in any
one of the three districts. Such subdistricts shall include a
substantial portion of the soft tree fruit producing area in the
district in which they are formed.
The commission shall, when a subdistrict has been
formed within one of the districts as in this section provided
for, assign one of the districts’ producer positions on the
commission to said subdistrict. Such producer position may
only be filled by a producer residing in such subdistrict,
whether by election, apportionment, or appointment. [1967
c 191 § 7; 1961 c 11 § 15.28.070. Prior: 1947 c 73 § 7;
Rem. Supp. 1947 § 2909-16.]
15.28.080 Vacancies on commission—How filled. In
the event a position becomes vacant due to resignation,
disqualification, death, or for any other reason, such position,
until the next annual election meeting, shall be filled by vote
of the remaining members of the commission. At such
annual election a commissioner shall be elected to fill the
balance of the unexpired term. [1961 c 11 § 15.28.080.
Prior: 1947 c 73 § 8; Rem. Supp. 1947 § 2909-17.]
15.28.090 Compensation of members—Travel
expenses. Each member of the commission shall be
compensated in accordance with RCW 43.03.230 and shall
be reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter. Employees of the
commission may also be reimbursed for actual travel
expenses when out of state on official commission business.
[1984 c 287 § 14; 1975-’76 2nd ex.s. c 34 § 14; 1967 c 191
§ 5; 1961 c 11 § 15.28.090. Prior: 1947 c 73 § 10; Rem.
Supp. 1947 § 2909-19.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Effective date—1967 c 191: See note following RCW 15.28.020.
15.28.100 Powers of commission. The Washington
state fruit commission is hereby declared and created a
corporate body. The commission has power:
(1) To exercise all of the powers of a corporation;
(2) To elect a chairman and such other officers as it
may deem advisable;
(3) To adopt, amend or repeal, from time to time,
necessary and proper rules, regulations and orders for the
performance of its duties, which rules, regulations and orders
shall have the force of laws when not inconsistent with
existing laws;
(4) To employ, and at its pleasure discharge, such
attorneys, advertising manager, agents or agencies, clerks
and employees, as it deems necessary and fix their compensation;
(5) To establish offices, and incur such expenses, enter
into such contracts, and create such liabilities, as it deems
reasonably necessary for the proper administration of this
chapter;
(6) To accept contributions of, or match private, state or
federal funds available for research, and make contributions
[Title 15 RCW—page 40]
to persons or state or federal agencies conducting such
research;
(7) To administer and enforce this chapter, and do and
perform all acts and exercise all powers deemed reasonably
necessary, proper or advisable to effectuate the purposes of
this chapter, and to perpetuate and promote the general
welfare of the soft tree fruit industry of this state;
(8) To sue and be sued. [1961 c 11 § 15.28.100. Prior:
(i) 1947 c 73 § 13, part; Rem. Supp. 1947 § 2909-22, part.
(ii) 1947 c 73 § 15, part; Rem. Supp. 1947 § 2909-24, part.
(iii) 1947 c 73 § 17, part; Rem. Supp. 1947 § 2909-26, part.]
15.28.110 Duties of commission. The commission’s
duties are:
(1) To adopt a commission seal;
(2) To elect a secretary-manager and a treasurer, and fix
their compensation. The same person may be elected to
both offices;
(3) To establish classifications of soft tree fruits;
(4) To conduct scientific research and develop the
healthful, therapeutic, and dietetic value of fruits, and
promote the general welfare of the soft tree fruit industry of
the state;
(5) To conduct a comprehensive advertising and
educational campaign to effectuate the objects of this
chapter;
(6) To increase the production, and develop and expand
the markets, and improve the handling and quality of fruits;
(7) To keep accurate accounts and records of all of its
dealings, which shall be open to inspection and audit by the
state auditor;
(8) To investigate and prosecute violations of this
chapter; and
(9) To serve as an advisory committee to the director
with regard to the adoption and enforcement of rules:
(a) Governing the grading, packing, and size and
dimensions of commercial containers of soft tree fruits; and
(b) Fixing commercial grades of soft tree fruits and the
issuance of certificates of inspection for those fruits. [2002
c 313 § 106; 1961 c 11 § 15.28.110. Prior: (i) 1947 c 73
§ 13, part; Rem. Supp. 1947 § 2909-22, part. (ii) 1947 c 73
§ 14; Rem. Supp. 1947 § 2909-23. (iii) 1947 c 73 § 15,
part; Rem. Supp. 1947 § 2909-24, part. (iv) 1947 c 73 § 17,
part; Rem. Supp. 1947 § 2909-26, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.120 Copies of records as evidence. Copies of
the commission’s proceedings, records, and acts, when
certified by the secretary and authenticated by the corporate
seal, shall be admissible in all courts as prima facie evidence
of the truth of all statements therein. [1961 c 11 §
15.28.120. Prior: 1947 c 73 § 13, part; Rem. Supp. 1947 §
2909-22, part.]
15.28.130 State, personal, nonliability—Obligations
limited by collections—Defense to certain civil or criminal actions. Neither the state, nor any member, agent, or
employee of the commission, is liable for the acts of the
commission, or upon its contracts.
All salaries, expenses, costs, obligations, and liabilities
of the commission, and claims arising from the administra(2002 Ed.)
Soft Tree Fruits
tion of this chapter, are payable only from funds collected
under this chapter.
In any civil or criminal action or proceeding for
violation of any rule of [or] statutory or common law against
monopolies or combinations in restraint of trade, including
any action under chapter 19.86 RCW, proof that the act
complained of was done in compliance with the provisions
of this chapter, and in furtherance of the purposes and
provisions of this chapter, is a complete defense to such an
action or proceeding. [2002 c 313 § 107; 1961 c 11 §
15.28.130. Prior: 1947 c 73 § 16; Rem. Supp. 1947 §
2909-25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.140 District advisory and state commodity
committees. There shall be separate district advisory
committees and separate state commodity committees for
each of the following soft tree fruits, to wit: Bartlett pears,
peaches, apricots, prunes and plums, and cherries. The
growers, dealers, or processors of each of the soft tree fruits,
at their respective annual district meetings may elect separate
district advisory committees for each of the soft tree fruits
grown, handled, or processed in their respective districts.
The district advisory committee shall consist of five members comprising three growers, one dealer and one processor
of the respective soft tree fruit groups. Each state commodity committee shall consist of two members from, and
selected by, each district advisory committee for each soft
fruit. [1961 c 11 § 15.28.140. Prior: 1947 c 73 § 11; Rem.
Supp. 1947 § 2909-20.]
15.28.150 Committee organization—Duties. Each
district advisory committee and each state commodity
committee shall select one of its members as chairman.
Meetings may be called by the chairman or by any two
members of any committee by giving reasonable written
notice of the meeting to each member of such committee.
A majority of the members shall be necessary to constitute
a quorum. The district advisory committees and state
commodity committees shall consult with and advise the
commission on matters pertaining to the soft tree fruits
which they respectively represent, and the commission shall
give due consideration to their recommendations. Any
grower, dealer, or processor, if qualified, may be a member
of more than one committee. [1961 c 11 § 15.28.150.
Prior: 1947 c 73 § 12; Rem. Supp. 1947 § 2909-21.]
15.28.160 Annual assessment—Exemption—Brined
sweet cherries assessable. An annual assessment is hereby
levied upon all commercial soft tree fruits grown in the state
or packed as Washington soft tree fruit of fifty cents per two
thousand pounds (net weight) of said fruits, when shipped
fresh or delivered to processors, whether in bulk, loose in
containers, or packaged in any style of package, except, that
all sales of five hundred pounds or less of such fruits sold by
the producer direct to the consumer shall be exempt from
said assessments. Sweet cherries which are brined are
deemed to be commercial soft tree fruit and therefore
assessable hereunder. [1989 c 354 § 28; 1963 c 51 § 3;
1961 c 11 § 15.28.160. Prior: 1947 c 73 § 18; Rem. Supp.
1947 § 2909-27.]
(2002 Ed.)
15.28.130
Severability—1989 c 354: See note following RCW 15.36.012.
15.28.170 Research and advertising—Power to
increase assessment. The commission shall investigate the
needs of soft tree fruit producers, the condition of the
markets, and extent to which the same require advertising
and research. If the investigation shows that the revenue
from the assessments levied is inadequate to accomplish the
objects of this chapter, it shall report its findings to the
director, showing the necessities of the industry, the probable
cost of the required program, and the probable revenue from
the existing levy. It may then increase the assessments to be
levied to an amount not exceeding two dollars per each two
thousand pounds (net weight) of such fruits so contained or
packed. [1961 c 11 § 15.28.170. Prior: 1947 c 73 § 25;
Rem. Supp. 1947 § 2909-34.]
15.28.175 Promotional printing and literature—
Contracts. Promotional printing and literature not restricted
by laws relating to public printer, see RCW 15.24.085.
Conditions of employment, etc., in contracts, see RCW
15.24.086.
15.28.180 Increase of assessment for specific fruit
or classification—Procedure. (1) The same assessment
shall be made for each soft tree fruit, except that if a twothirds majority of the state commodity committee of any
fruit recommends in writing the levy of an additional
assessment on that fruit, or any classification thereof, for any
year or years, the commission may levy such assessment for
that year or years up to the maximum of eighteen dollars for
each two thousand pounds of any fruit except cherries or any
classification thereof, as to which the assessment may be
increased to a maximum of thirty dollars for each two
thousand pounds, and except pears covered by this chapter,
as to which the assessment may be increased to a maximum
of eighteen dollars for each two thousand pounds: PROVIDED, That no increase in the assessment on pears becomes
effective unless the increase is first referred by the commission to a referendum by the Bartlett pear growers of the state
and is approved by a majority of the growers voting on the
referendum. The method and procedure of conducting the
referendum shall be determined by the commission. Any
funds so raised shall be expended solely for the purposes
provided in this chapter and solely for such fruit, or classification thereof.
The commission has the authority in its discretion to
exempt in whole or in part from future assessments under
this chapter, during such period as the commission may
prescribe, any of the soft tree fruits or any particular strain
or classification of them.
(2) An assessment levied under this chapter may be
increased in excess of the fiscal growth factor as determined
under chapter 43.135 RCW if the assessment is submitted by
referendum to the growers who are subject to the assessment
and the increase is approved by a majority of those voting
on the referendum. The method and procedure of conducting the referendum shall be determined by the commission.
[1997 c 303 § 3; 1992 c 87 § 1; 1983 1st ex.s. c 73 § 1;
1977 ex.s. c 8 § 1; 1965 ex.s. c 43 § 1; 1963 c 51 § 4; 1961
[Title 15 RCW—page 41]
15.28.180
Title 15 RCW: Agriculture and Marketing
c 11 § 15.28.180. Prior: 1947 c 73 § 26; Rem. Supp. 1947
§ 2909-35.]
Findings—1997 c 303: See note following RCW 43.135.055.
Effective date—1997 c 303 §§ 1-3: See note following RCW
43.135.055.
15.28.190 Deposit of funds—Treasurer’s bond. All
money collected under the authority of this chapter shall be
paid to the treasurer of the commission, deposited by him in
banks designated by the commission, and disbursed on its
order.
The treasurer shall file with the commission a fidelity
bond, executed by a surety company authorized to do
business in this state, in favor of the state and the commission, jointly and severally, in the sum of fifty thousand
dollars, and conditioned upon his faithful performance of his
duties and his strict accounting of all funds of the commission.
None of the provisions of RCW 43.01.050 shall apply
to money collected under this chapter. [1961 c 11 §
15.28.190. Prior: 1947 c 73 § 15, part; Rem. Supp. 1947 §
2909-24, part.]
15.28.200 Use of funds—Contributions. All moneys
collected from such levy shall be expended exclusively to
effectuate the purposes and objects of this chapter. They
shall be generally expended on promotion and improvement
of the various commodities approximately in the ratio that
funds are derived from such commodities, after deducting
suitable amounts for general overhead and basic general research, unless a majority of the functioning state commodity
committees consent to a larger expenditure on behalf of any
commodity or commodities. Any funds contributed to the
commission by any special group or raised by an additional
levy on any commodity or classification thereof, shall be
expended only in connection with such commodity. [1961
c 11 § 15.28.200. Prior: 1947 c 73 § 19; Rem. Supp. 1947
§ 2909-28.]
15.28.210 Records kept—Preservation—Inspection
of. Every dealer, handler, and processor shall keep a
complete and accurate record of all soft tree fruits handled,
shipped, or processed by him. Such record shall be in simple form and contain such information as the commission
shall by rule or regulation prescribe. The records shall be
preserved by such handler, dealer, and processor for a period
of two years and shall be offered and submitted for inspection at any reasonable time upon written request of the
commission or its duly authorized agents. [1961 c 11 §
15.28.210. Prior: 1947 c 73 § 20; Rem. Supp. 1947 §
2909-29.]
15.28.220 Returns to commission. Every dealer,
handler, and processor shall at such times as the commission
may by rule or regulation require, file with the commission
a return under oath on forms to be prescribed and furnished
by the commission, stating the quantity of soft tree fruits
handled, shipped, or processed by him during the period or
periods of time prescribed by the commission. Such return
shall contain such further information as may be necessary
to carry out the objects and purposes of this chapter. [1961
[Title 15 RCW—page 42]
c 11 § 15.28.220. Prior: 1947 c 73 § 21; Rem. Supp. 1947
§ 2909-30.]
15.28.230 Due date of assessments—Delinquent
penalty. All assessments levied and imposed by this chapter
shall be due prior to shipment and shall become delinquent
if not paid within thirty days after the time established for
such payment according to regulations of the commission.
A delinquent penalty shall be payable on any such delinquent
assessment, calculated as interest on the principal amount
due at the rate of ten percent per annum. Any delinquent
penalty shall not be charged back against the grower unless
he caused such delay in payment of the assessment due.
[1961 c 11 § 15.28.230. Prior: 1955 c 47 § 2; 1947 c 73 §
22; Rem. Supp. 1947 § 2909-31.]
15.28.240 Collection rules—Use of "stamps." The
commission shall by rule or regulation prescribe the method
of collection, and for that purpose may require stamps to be
known as "Washington state fruit commission stamps" to be
purchased from the commission and fixed or attached to the
container, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets. Stamps shall
be canceled immediately upon being so attached or fixed,
and the date of cancellation shall be placed thereon. [1961
c 11 § 15.28.240. Prior: 1947 c 73 § 23; Rem. Supp. 1947
§ 2909-32.]
15.28.250 Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.
Unless the assessment has been paid by the grower and
evidence thereof submitted by him or her, the dealer,
handler, or processor is responsible for the payment of all
assessments under this chapter on all soft tree fruits handled,
shipped, or processed by him or her but he or she shall
charge the same against the grower, who shall be primarily
responsible for such payment. Assessments are due upon
receipt of an invoice for the assessments.
If the assessment becomes delinquent, the department
shall cease to provide inspection services under chapter
15.17 RCW to the delinquent party until that party pays all
delinquent assessments, interest, and penalties.
Any assessment due and payable under this section
constitutes a personal debt of every person so assessed or
who otherwise owes the same. In addition, the commission
may add to such unpaid assessment or sum an amount not
exceeding ten percent of the same to defray the cost of
enforcing the collecting of the same. In the event of failure
of such person or persons to pay any such due and payable
assessment or other such sum, the commission may bring a
civil action against such person or persons, together with the
specified ten percent thereon, and such action shall be tried
and judgment rendered as in any other cause of action for
debt due and payable. [2002 c 313 § 108; 1961 c 11 §
15.28.250. Prior: 1947 c 73 § 24; Rem. Supp. 1947 §
2909-33.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.260 Publications by commission—
Subscriptions. If the commission publishes a bulletin or
other publication, or a section in some established trade
(2002 Ed.)
Soft Tree Fruits
publication, for the dissemination of information to the soft
tree fruit industry in this state, the first two dollars of any
assessment paid annually by each grower, handler, dealer,
and processor of such fruit shall be applied to the payment
of his subscription to such bulletin or publication. [1961 c
11 § 15.28.260. Prior: 1947 c 73 § 27; Rem. Supp. 1947
§ 2909-36.]
15.28.270 Violations—Penalty. Every person shall be
guilty of a misdemeanor who:
(1) Violates or aids in the violation of any provision of
this chapter, or
(2) Violates or aids in the violation of any rule or
regulation of the commission. [1961 c 11 § 15.28.270.
Prior: 1947 c 73 § 28; Rem. Supp. 1947 § 2909-37.]
15.28.280 Venue of actions—Jurisdiction of courts.
Any prosecution brought under this chapter may be instituted
or brought in any county in the state in which the defendant
or any of the defendants reside, or in which the violation
was committed, or in which the defendant or any of the
defendants has his principal place of business.
The several superior courts of the state are hereby
vested with jurisdiction to enforce this chapter and to prevent
and restrain violations thereof, or of any rule or regulation
promulgated by the commission. [1961 c 11 § 15.28.280.
Prior: 1947 c 73 § 29; Rem. Supp. 1947 § 2909-38.]
15.28.290 Duty to enforce. It shall be the duty of all
state and county law enforcement officers and all employees
and agents of the department to aid in the enforcement of
this chapter. [1961 c 11 § 15.28.290. Prior: 1947 c 73 §
30; Rem. Supp. 1947 § 2909-39.]
15.28.300 Rules and regulations—Filing—
Publication. Every rule, regulation, or order promulgated
by the commission shall be filed with the director, and shall
be published in a legal newspaper of general circulation in
each of the three districts. All such rules, regulations, or
orders shall become effective pursuant to the provisions of
RCW 34.05.380. [1985 c 469 § 7; 1975 1st ex.s. c 7 § 38;
1961 c 11 § 15.28.300. Prior: 1947 c 73 § 31; Rem. Supp.
1947 § 2909-40.]
15.28.305 Rule making—Exemptions. Rule-making
proceedings conducted under this chapter are exempt from
compliance with RCW 34.05.310 and the provisions of
chapter 19.85 RCW, the regulatory fairness act, when
adoption of the rule is determined by a referendum vote of
the affected parties. [2002 c 313 § 109.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.310 Authority to agents of commission to
inspect. Agents of the commission, upon specific written
authorization signed by the chairman or secretary-manager
thereof, shall have the right to inspect the premises, books,
records, documents, and all other instruments of any carrier,
railroad, truck, boat, grower, handler, dealer, and processor
for the purpose of enforcing this chapter and collecting the
(2002 Ed.)
15.28.260
assessments levied hereunder. [1961 c 11 § 15.28.310.
Prior: 1947 c 73 § 32; Rem. Supp. 1947 § 2909-41.]
15.28.315 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Under RCW 42.17.31907, certain agricultural
business records, commission records, and department of
agriculture records relating to the commission and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the
statements do not identify the information furnished by any
person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement of the manner of the violation by that person. [2002
c 313 § 68.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.320 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 74.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.28.910. Prior: 1947 c
73 § 33, part; Rem. Supp. 1947 § 2909-42, part.]
Chapter 15.30
CONTROLLED ATMOSPHERE STORAGE OF
FRUITS AND VEGETABLES
Sections
15.30.010
15.30.020
15.30.030
15.30.040
15.30.050
15.30.060
15.30.070
15.30.080
15.30.090
15.30.100
15.30.110
Definitions.
Annual license required—Expiration date.
Application for license, contents—Issuance, prerequisites.
Annual license fee.
Enforcement—Rules authorized, procedure.
Rules—Oxygen content, temperature, and time period to be
maintained—Classification of fruits, vegetables as controlled atmosphere stored.
License renewal date—Penalty for late renewal, exception.
Denial, suspension, revocation of license—Grounds—
Hearing required.
Denial, suspension, revocation of license—Hearings subject
to Administrative Procedure Act.
Subpoenas—Witnesses and fees.
Issuance of warehouse number—Use of letters "CA"—
Marking containers with letters and number.
[Title 15 RCW—page 43]
Chapter 15.30
15.30.120
15.30.130
15.30.140
15.30.150
15.30.160
15.30.170
15.30.180
15.30.190
15.30.200
15.30.210
15.30.220
15.30.230
15.30.240
15.30.250
15.30.260
15.30.900
15.30.910
Title 15 RCW: Agriculture and Marketing
Licensee to make daily determination of air components—
Record, form, contents.
Identity of fruit and vegetables to be maintained by CA
number and inspection number to retail market.
Maturity and condition standards may be higher than for
fruit and vegetables not subject to chapter.
Minimum condition and maturity standards for apples.
Inspection, certification prior to using "CA" or similar designation—Eradication required, when.
Inspection, certification may be requested by financially
interested person.
Fees for inspection and certification.
Certificate as evidence.
Disposition of fees.
Unlawful sales, acts, or use of words "controlled atmosphere
storage" and terms of similar import.
Injunctions authorized.
Chapter cumulative and nonexclusive.
Prior civil or criminal liability not affected.
Penalties for violating chapter.
Cooperation, agreements with other governmental agencies.
Fruits and vegetables in storage prior to enactment of chapter.
Severability—1961 c 29.
15.30.010 Definitions. For the purpose of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
his duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society and association
and every officer, agent or employee thereof. This term
shall import either the singular or plural, as the case may be.
(4) "Controlled atmosphere storage" means any storage
warehouse consisting of one or more rooms, or one or more
rooms in any one facility in which atmospheric gases are
controlled in their amount and in degrees of temperature for
the purpose of controlling the condition and maturity of any
fresh fruits or vegetables in order that, upon removal, they
may be designated as having been exposed to controlled
atmosphere. [1961 c 29 § 1.]
15.30.020 Annual license required—Expiration
date. It shall be unlawful for any person to engage in the
business of operating a controlled atmosphere storage
warehouse or warehouses without first obtaining an annual
license from the director. Such license shall expire on
August 31st of any one year. [1961 c 29 § 2.]
15.30.030 Application for license, contents—
Issuance, prerequisites. Application for a license to operate
a controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is an individual, receiver, trustee,
firm, partnership, association or corporation, the full name of
each member of the firm or partnership or the names of the
officers of the association or corporation shall be given on
the application.
(3) The principal business address of the applicant in the
state and elsewhere.
[Title 15 RCW—page 44]
(4) The name of a person domiciled in this state
authorized to receive and accept service or legal notices of
all kinds.
(5) The storage capacity of each controlled atmosphere
storage warehouse the applicant intends to operate by cubic
capacity or volume.
(6) The kind of fruits or vegetables for which the
applicant intends to provide controlled atmosphere storage.
(7) Any other information prescribed by the director
necessary to carry out the purposes and provisions of this
chapter.
The director shall issue a license to an applicant upon
his satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that
such applicant has paid the required license fee. [1961 c 29
§ 3.]
15.30.040 Annual license fee. The application for an
annual license to engage in the business of operating a
controlled atmosphere storage warehouse or warehouses shall
be accompanied by an annual license fee prescribed by the
director by rule. [1988 c 254 § 6; 1961 c 29 § 4.]
15.30.050 Enforcement—Rules authorized, procedure. The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to
carry out its purposes. The adoption of rules shall be subject
to the provisions of chapter 34.05 RCW, concerning the
adoption of rules, as enacted or hereafter amended. [1961 c
29 § 5.]
15.30.060 Rules—Oxygen content, temperature, and
time period to be maintained—Classification of fruits,
vegetables as controlled atmosphere stored. The director
shall adopt rules:
(1) Prescribing the maximum amount of oxygen that
may be retained in a sealed controlled atmosphere storage
warehouse: PROVIDED, That such maximum amount of
oxygen retained shall not exceed five percent when apples
are stored in such controlled atmosphere storage warehouse.
(2) Prescribing the period in which the oxygen content
shall be reduced to the amount prescribed in subsection (1)
of this section: PROVIDED, That such period shall not
exceed twenty days when apples are stored in such controlled atmosphere warehouse.
(3) The length of time and the degrees of temperature
at which any fruits or vegetables shall be retained in controlled atmosphere storage, before they may be classified as
having been stored in controlled atmosphere storage: PROVIDED, That such period shall not be less than forty-five
days for Gala and Jonagold varieties and not less than sixty
days for other apples. [1999 c 70 § 1; 1994 c 23 § 1; 1967
c 215 § 1; 1961 c 29 § 6.]
15.30.070 License renewal date—Penalty for late
renewal, exception. If an application for renewal of the
license provided for in RCW 15.30.020 is not filed prior to
September 1st of any one year, a penalty of two dollars and
fifty cents shall be assessed and added to the original fee and
shall be paid by the applicant before the renewal license
shall be issued: PROVIDED, That such penalty shall not
(2002 Ed.)
Controlled Atmosphere Storage of Fruits and Vegetables
apply if the applicant furnishes an affidavit that he has not
engaged in the business of operating a controlled atmosphere
storage warehouse subsequent to the expiration of his prior
license. [1961 c 29 § 7.]
15.30.080 Denial, suspension, revocation of license—
Grounds—Hearing required. The director is authorized to
deny, suspend or revoke the license provided for in RCW
15.30.020 subsequent to a hearing, in any case in which he
finds that there has been a failure or refusal to comply with
the provisions of this chapter or rules adopted hereunder.
[1961 c 29 § 8.]
15.30.090 Denial, suspension, revocation of license—
Hearings subject to Administrative Procedure Act. All
hearings for a denial, suspension, or revocation of the license
provided for in RCW 15.30.020 shall be subject to the
provisions of chapter 34.05 RCW concerning adjudicative
proceedings. [1989 c 175 § 45; 1961 c 29 § 9.]
Effective date—1989 c 175: See note following RCW 34.05.010.
15.30.100 Subpoenas—Witnesses and fees. The
director may issue subpoenas to compel the attendance of
witnesses and/or the production of books, documents and
records, anywhere in the state in any hearing affecting the
authority or privilege granted by a license issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel, as provided for in chapter 2.40
RCW, as enacted or hereafter amended. [1961 c 29 § 10.]
15.30.110 Issuance of warehouse number—Use of
letters "CA"—Marking containers with letters and
number. The director when issuing a license to an applicant
shall include a warehouse number which shall be preceded
by the letters "CA". If the applicant in applying for a
license includes a request for a specific warehouse number,
the director shall issue such number to the applicant if such
number has not been issued to a prior applicant. The letters
"CA" and the number issued as provided in this section shall
be marked in a manner provided by the director on all
containers in which fruits or vegetables subject to the provisions of this chapter are placed or packed. [1961 c 29 § 11.]
15.30.120 Licensee to make daily determination of
air components—Record, form, contents. The licensee
shall make air component determinations as to the percentage of carbon dioxide, oxygen and temperature at least once
each day. A record of such determinations shall be kept on
a form prescribed by the director for a period of two years
and shall include the following:
(1) The name and address of the licensee.
(2) The number of the warehouse and the storage
capacity of the warehouse.
(3) The date of sealing of the warehouse.
(4) Date of opening of the warehouse.
(5) A daily record of the date and time of the tests,
including the percentage of carbon dioxide, percentage of
oxygen and the temperature. [1961 c 29 § 12.]
(2002 Ed.)
15.30.070
15.30.130 Identity of fruit and vegetables to be
maintained by CA number and inspection number to
retail market. The identity of any fruits or vegetables
represented as having been stored in a room or warehouse
subject to the provisions of this chapter shall be maintained,
by the CA number issued to the licensee in whose warehouse such fruits and vegetables were stored and the state lot
inspection number issued by the director for such fruits or
vegetables, from the time it leaves such warehouse through
the various channels of trade and transportation to the
retailer. [1961 c 29 § 13.]
15.30.140 Maturity and condition standards may be
higher than for fruit and vegetables not subject to
chapter. The director may by rule establish condition and
maturity standards for fruits or vegetables subject to the
provisions of this chapter which may be higher than maturity
and condition standards established for similar grades or
classifications of such fruits or vegetables which are not
subject to the provisions of this chapter. [1961 c 29 § 14.]
15.30.150 Minimum condition and maturity standards for apples. Minimum condition and maturity
standards for apples subject to the provisions of this chapter
shall be the U.S. condition and maturity standards for export
as provided in 7 Code of Federal Regulations 51.317 on
February 21, 1961: PROVIDED, That the director may
adopt any subsequent amendment to such U.S. condition and
maturity standards for export prescribed by the secretary of
agriculture of the United States. [1961 c 29 § 15.]
15.30.160 Inspection, certification prior to using
"CA" or similar designation—Eradication required,
when. No person in this state shall place or stamp the
letters "CA" or a similar designation in conjunction with a
number or numbers upon any container or subcontainer of
any fruits or vegetables, unless the director has inspected
such fruits or vegetables and issued a state lot number for
such fruits or vegetables in conjunction with a certificate
stating their quality and condition, that they were stored in
a warehouse licensed under the provisions of this chapter
and that they meet all other requirements of this chapter or
rules adopted hereunder: PROVIDED, That if such fruits or
vegetables are not allowed to enter the channels of commerce within two weeks of such inspection or a subsequent
similar inspection by the director the letters "CA" and the
state lot number shall be eradicated by the licensee. [1961
c 29 § 16.]
15.30.170 Inspection, certification may be requested
by financially interested person. Any person financially
interested in any fruits or vegetables subject to the provisions
of this chapter may apply to the director for inspection and
certification as to whether such fruits or vegetables meet the
requirements provided for in this chapter or rules adopted
hereunder. [1961 c 29 § 17.]
15.30.180 Fees for inspection and certification. The
director shall prescribe the necessary fees to be charged to
the licensee or owner for the inspection and certification of
any fruits or vegetables subject to the provisions of this
[Title 15 RCW—page 45]
15.30.180
Title 15 RCW: Agriculture and Marketing
chapter or rules adopted hereunder. The fees provided for
in this section shall become due and payable by the end of
the next business day and if such fees are not paid within the
prescribed time, the director may withdraw inspection or
refuse to perform any inspection or certification services for
the person in arrears: PROVIDED, That the director in such
instances may demand and collect inspection and certification fees prior to inspecting and certifying any fruits or
vegetables for such person. [1961 c 29 § 18.]
15.30.190 Certificate as evidence. Every inspection
certificate issued by the director under the provisions of this
chapter shall be received in all courts of the state as prima
facie evidence of the statement therein. [1961 c 29 § 19.]
15.30.200 Disposition of fees. All moneys collected
under the provisions of this chapter for the inspection and
certification of any fruits or vegetables subject to the
provisions of this chapter shall be handled and deposited in
the manner provided for in *chapter 15.16 RCW, as enacted
or hereafter amended, for the handling of inspection and
certification fees derived for the inspection of any fruits and
vegetables. [1961 c 29 § 20.]
*Reviser’s note: Chapter 15.16 RCW was repealed by 1963 c 122.
Later enactment, see chapter 15.17 RCW.
15.30.210 Unlawful sales, acts, or use of words
"controlled atmosphere storage" and terms of similar
import. It shall be unlawful for any person to sell, offer for
sale, hold for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled
atmosphere storage" or to use any such term or form of
words or symbols of similar import unless such fruits or
vegetables have been stored in controlled atmosphere storage
which meets the requirements of this chapter or rules
adopted hereunder. [1961 c 29 § 21.]
15.30.220 Injunctions authorized. The director may
bring an action to enjoin the violation or threatened violation
of any provision of this chapter or any rule adopted pursuant
to this chapter in the superior court in the county in which
such violation occurs or is about to occur, notwithstanding
the existence of any other remedies at law. [1961 c 29 §
22.]
any offense committed more than five years after a previous
conviction shall be considered a first offense. [1961 c 29 §
25.]
15.30.260 Cooperation, agreements with other
governmental agencies. The director may cooperate with
and enter into agreements with governmental agencies of this
state, other states and agencies of federal government in
order to carry out the purpose and provisions of this chapter.
[1961 c 29 § 26.]
15.30.900 Fruits and vegetables in storage prior to
enactment of chapter. Any fruits or vegetables now in
controlled atmosphere storage and removed after February
21, 1961 may be marked, shipped, represented and sold as
having been exposed to controlled atmosphere storage if
such fruits and vegetables meet the requirements of this
chapter and the rules and regulations adopted hereunder.
[1961 c 29 § 28.]
15.30.910 Severability—1961 c 29. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof, not adjudged invalid or unconstitutional.
[1961 c 29 § 27.]
Chapter 15.35
WASHINGTON STATE MILK POOLING ACT
Sections
15.35.010
15.35.030
15.35.060
15.35.070
15.35.080
15.35.090
15.35.100
15.35.105
15.35.110
15.35.115
15.35.120
15.30.230 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1961
c 29 § 23.]
15.35.130
15.35.140
15.35.150
15.35.160
15.35.170
15.35.180
15.30.240 Prior civil or criminal liability not
affected. The enactment of this chapter shall not have the
effects of terminating, or in any way modifying any liability,
civil or criminal, which shall already be in existence on
February 21, 1961. [1961 c 29 § 24.]
15.35.190
15.35.200
15.35.210
15.35.220
15.35.230
15.35.240
15.30.250 Penalties for violating chapter. Any
person violating the provisions of this chapter or rules
adopted hereunder is guilty of a misdemeanor and guilty of
a gross misdemeanor for any subsequent offense, however,
[Title 15 RCW—page 46]
15.35.250
15.35.260
15.35.270
Short title.
Declaration of public interest.
Purposes.
Powers conferred to be liberally construed—Monopoly—
Price setting.
Definitions.
Milk control between states.
Director’s authority—Subpoena power—Rules.
Minimum milk price—Competition from outside the marketing area.
Referendum on establishing or discontinuing market area
pooling arrangement.
Referendum on establishing or discontinuing market area
pooling arrangement—Producer-dealers.
Qualifications for producers to sign petitions or vote in
referendums.
Form of producer petitions.
Director to establish systems within market areas.
Determination of quota.
Contracts, rights and powers of associations not affected.
Quotas—Transfer of—Limitations.
Records of milk dealers and cooperatives, inspection and
audit of.
Records necessary for milk dealers.
Verified reports of milk dealers.
Milk dealer license—Required.
Milk dealer license—Application for—Contents.
Milk dealer license—Fees—Additional assessment for late
renewal.
Milk dealer license—Denial, suspension, or revocation of—
Grounds.
Marketing assessment on producers—Additional assessment
for milk testing—Penalty—Court action.
Records and reports of licensees for assessment purposes.
Assessment due date.
(2002 Ed.)
Washington State Milk Pooling Act
15.35.280
15.35.290
15.35.300
15.35.310
15.35.900
Separate account for each marketing plan—Deductions for
departmental costs.
Court actions to implement.
General penalty—Misdemeanor—Exception.
Certain producer-dealers exempt.
Severability—1971 ex.s. c 230.
15.35.010 Short title. This chapter may be known
and cited as the Washington state milk pooling act to
provide for equitable pricing and pooling among producers
and processors of milk and milk products. [1993 c 345 § 1;
1971 ex.s. c 230 § 1.]
15.35.030 Declaration of public interest. It is hereby
declared that:
(1) Milk is a necessary article of food for human
consumption;
(2) The production, distribution, and maintenance of an
adequate supply of healthful milk of proper chemical and
physical content, free from contamination, is vital to the
public health and welfare;
(3) It is the policy of the state to promote, foster, and
encourage the intelligent production and orderly marketing
of adequate supplies of pure and wholesome milk and milk
products necessary to its citizens, to promote competitive
prices, and to eliminate economic waste, destructive trade
practices, and improper accounting for milk purchased from
producers;
(4) Economic factors concerning the production,
marketing, and sale of milk in the state may not be accurately reflected in federal programs;
(5) Conditions within the milk industry of this state are
such that it may be necessary to establish marketing areas
wherein pricing and pooling arrangements between producers
are necessary, and for that purpose the director shall have
the administrative authority, with such additional duties as
are herein prescribed, after investigations and public hearings, to prescribe such marketing areas and modify the same
when advisable or necessary. [1993 c 345 § 2; 1991 c 239
§ 1; 1971 ex.s. c 230 § 3.]
15.35.060 Purposes. The purposes of this chapter are
to:
(1) Authorize and enable the director to prescribe
marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing
of milk due to varying factors of costs of production, health
regulations, transportation, and other factors in said marketing areas of this state;
(2) Authorize and enable the director to formulate
marketing plans subject to the provisions of this chapter, in
accordance with chapter 34.05 RCW, which provide for
pricing and pooling arrangements and declare such plans in
effect for any marketing area;
(3) Provide funds for administration and enforcement of
this chapter by assessments to be paid by producers. [1993
c 345 § 3; 1991 c 239 § 2; 1971 ex.s. c 230 § 6.]
15.35.070 Powers conferred to be liberally construed—Monopoly—Price setting. It is the intent of the
legislature that the powers conferred in this chapter shall be
liberally construed. Nothing in this chapter shall be con(2002 Ed.)
Chapter 15.35
strued as permitting or authorizing the development of
conditions of monopoly in the production or distribution of
milk, nor shall this chapter give the director authority to
establish wholesale or retail prices for processed milk
products. [1993 c 345 § 5; 1991 c 239 § 3; 1971 ex.s. c 230
§ 7.]
15.35.080 Definitions. For the purposes of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington;
(2) "Director" means the director of the department or
the director’s duly appointed representative;
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent, or employee thereof. This term
shall import either the singular or plural as the case may be;
(4) "Market" or "marketing area" means any geographical area within the state or another state comprising one or
more counties or parts thereof, where marketing conditions
are substantially similar and which may be designated by the
director as one marketing area;
(5) "Milk" means all fluid milk from cows as defined in
chapter 15.36 RCW and rules adopted under chapter 15.36
RCW;
(6) "Milk products" includes any product manufactured
from milk or any derivative or product of milk;
(7) "Milk dealer" means any person engaged in the
handling of milk in his or her capacity as the operator of a
milk plant, as that term is defined in chapter 15.36 RCW and
rules adopted under chapter 15.36 RCW:
(a) Who receives milk in an unprocessed state from
dairy farms, and who processes milk into milk or milk
products; and
(b) Whose milk plant is located within the state or from
whose milk plant milk or milk products that are produced at
least in part from milk from producers are disposed of to
any place or establishment within a marketing area;
(8) "Producer" means a person producing milk within
this state for sale under a grade A milk permit issued by the
department under the provisions of chapter 15.36 RCW or,
if the director so provides by rule, a person who markets to
a milk dealer milk produced under a grade A permit issued
by another state;
(9) "Classification" means the classification of milk into
classes according to its utilization by the department;
(10) The terms "plan," "market area and pooling
arrangement," "market area pooling plan," "market area and
pooling plan," "market pool," and "market plan" all have the
same meaning;
(11) "Producer-dealer" means a producer who engages
in the production of milk and also operates a plant from
which an average of more than three hundred pounds daily
of milk products, except filled milk, is sold within the
marketing area and who has been so designated by the
director. A state institution which processes and distributes
milk of its own production shall be considered a producerdealer for purposes of this chapter, but the director may by
rule exempt such state institutions from any of the requirements otherwise applicable to producer-dealers. [1994 c 143
[Title 15 RCW—page 47]
15.35.080
Title 15 RCW: Agriculture and Marketing
§ 509; 1993 c 345 § 4; 1992 c 58 § 1; 1991 c 239 § 4; 1971
ex.s. c 230 § 8.]
15.35.090 Milk control between states. (1) The
director shall in carrying out the provisions of this chapter
and any marketing plan thereunder confer with the legally
constituted authorities of other states of the United States,
and the United States department of agriculture, for the
purpose of seeking uniformity of milk control with respect
to milk coming in to the state and going out of the state in
interstate commerce with a view to accomplishing the
purposes of this chapter, and may enter into a compact or
compacts which will insure a uniform system of milk control
between this state and other states.
(2) In order to facilitate carrying out the provisions and
purposes of this chapter, the department may hold joint
hearings with authorized officers or agencies of other states
who have duties and powers similar to those of the department or with any authorized person designated by the United
States department of agriculture, and may enter into joint
agreements with such authorized state or federal agencies for
exchange of information with regard to prices paid to
producers for milk moving from one state to the other or any
purpose to carry out and enforce this chapter. [1991 c 239
§ 5; 1971 ex.s. c 230 § 9.]
15.35.100 Director’s authority—Subpoena power—
Rules. Subject to the provisions of this chapter, the director
is hereby vested with the authority:
(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of
milk and milk products in the state, and shall have the
authority to:
(a) Establish classifications of processed milk and milk
products, and a minimum price or a formula to determine a
minimum price to be paid by milk dealers for milk used to
produce each such class of products;
(b) Require that payment be made by dealers to producers of fluid milk or their cooperative associations and
prescribe the method and time of such payments by dealers
to producers or their cooperative associations in accordance
with a marketing plan for milk;
(c) Determine what constitutes a natural milk market
area;
(d) Establish quota systems within marketing plans, and
to determine by using uniform rules, what portion of the
milk produced by each producer shall be assigned to each
quota classification;
(e) Provide for the pooling of minimum class values
from the sales of each class of milk to milk dealers, and the
equalization of returns to producers;
(f) Provide and establish market pools for a designated
market area with such rules as the director may adopt;
(g) Employ an executive officer, who shall be known as
the milk pooling administrator;
(h) Employ such persons or contract with such entities
as may be necessary and incur all expenses necessary to
carry out the purposes of this chapter;
(i) Determine by rule, what portion of any increase in
the available quotas shall be assigned to new producers or
existing producers.
[Title 15 RCW—page 48]
(2) To issue subpoenas to compel the attendance of
witnesses and/or the production of books, documents, and
records anywhere in the state in any hearing affecting the
authority of privileges granted by a license issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel as provided for in chapter 2.40
RCW.
(3) To make, adopt, and enforce all rules necessary to
carry out the purposes and policies of this chapter subject to
the provisions of chapter 34.05 RCW concerning the
adoption of rules. Nothing contained in this chapter shall be
construed to abrogate or affect the status, force, or operation
of any provision of the public health laws enacted by the
state or any municipal corporation or the public service laws
of this state. [1993 c 345 § 6; 1991 c 239 § 6; 1971 ex.s. c
230 § 10.]
15.35.105 Minimum milk price—Competition from
outside the marketing area. (1) In establishing a minimum
milk price or a formula to determine a minimum milk price,
as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider
the:
(a) Cost of producing fluid milk for human consumption;
(b) Transportation costs;
(c) Milk prices in states or regions outside of the state
that influence prices within the marketing areas;
(d) Demand for fluid milk for human consumption;
(e) Alternative enterprises available to producers; and
(f) Economic impact on milk dealers.
(2) A milk dealer who believes that actual competition
from outside the marketing area is having a significant
economic impact on that milk dealer, may petition the
director for a public hearing on an expedited basis to
consider whether the minimum milk price in the market plan
should be changed relative to the milk price to a competitor
located outside the state plus transportation costs for that
competitor to compete with the petitioning milk dealer.
(a) To be considered, the petition must identify the
specific action requested, and must be accompanied by a
statement summarizing the facts and evidence that would be
provided at a public hearing by or on behalf of the petitioner
to support the need for the requested action, including an
identification of circumstances that have changed since the
last rule-making proceeding at which the minimum price was
established.
(b) Within twenty-one days of receiving the petition, the
director shall either:
(i) Adopt rules on an emergency basis, in accordance
with RCW 34.05.350;
(ii) File, and distribute to all milk dealers and other
interested parties, notice that a hearing will be held within
sixty days of receiving the petition;
(iii) Advise the petitioner in writing that the request for
rule making is denied, and explain the reasons for the denial;
or
(iv) Advise the petitioner in writing that the petition
provides insufficient information from which to find that rule
making should be initiated, and request that the petition be
resubmitted with additional information.
(2002 Ed.)
Washington State Milk Pooling Act
(c) Except as otherwise specifically provided in this
section, this petition must be handled in accordance with
RCW 34.05.330, and the rule-making procedures of chapter
34.05 RCW.
(3) The director may adopt rules of practice or procedure with respect to the proceedings. [1993 c 345 § 7; 1991
c 239 § 7.]
15.35.110 Referendum on establishing or discontinuing market area pooling arrangement. (1) The
director, either upon his or her own motion or upon petition
by ten percent of the producers in any proposed area, shall
conduct a hearing to determine whether to establish or
discontinue a market area pooling arrangement. Upon
determination by the director that in order to satisfy the
purposes of this chapter a pooling arrangement should be
established, a referendum of affected individual producers
and milk dealers shall be conducted by the department.
(2) In order for the director to establish a market area
and pooling plan:
(a) Sixty-six and two-thirds percent of the producers and
producer-dealers that vote must be in favor of establishing a
market area and pooling plan;
(b) Sixty-six and two-thirds percent of the milk dealers
and producer-dealers that vote must be in favor of establishing a market area and pooling plan; and
(c) Producer-dealers providing notice to the director
under RCW 15.35.115(1), shall be authorized to vote both as
producers and as milk dealers.
(3) Except as provided in subsection (4) of this section,
the director, within ninety days from the date the results of
a referendum approved under subsection (2) of this section
are filed with the secretary of state, shall adopt rules to
establish a market pool in the market area, as provided for
in this chapter. In conducting hearings on rules proposed for
adoption under this subsection, the director shall invite
public comment on whether milk regulation similar to the
market area pooling plan proposed in the rules exists in
neighboring states and whether a lack of such milk regulation in neighboring states would render such a market area
pooling plan in this state ineffective or impractical.
(4) If, following hearings held under subsection (3) of
this section, the director determines that the lack of milk
regulation in neighboring states similar to the market area
pooling plan proposed for this state would render such a
pooling arrangement in this state ineffective or impractical,
the director shall so state in writing. The director shall file
the statement with the code reviser for publication in the
Washington State Register. In such a case, a market area
pooling plan shall not be established in the market area
under subsection (3) of this section based upon the referendum that precipitated the hearings.
If the director determines that such a lack of milk
regulation in neighboring states would not render such a
market area pooling plan ineffective or impractical in this
state, the director shall adopt rules in accordance with
subsection (3) of this section.
(5) If fifty-one percent of the producers and producerdealers voting representing fifty-one percent of the milk
produced and fifty-one percent of the milk dealers and
producer-dealers in the market area vote to terminate a
(2002 Ed.)
15.35.105
pooling plan, the director, within one hundred twenty days,
shall terminate all the provisions of said market area and
pooling arrangement.
(6) A referendum of affected producers, producerdealers, and milk dealers shall be conducted only when a
market area pooling arrangement is to be established. Only
producers, milk dealers, and producer-dealers who are
subject to the plan may vote on the termination of a pooling
plan. [1993 c 345 § 8; 1992 c 58 § 4; 1991 c 239 § 8; 1971
ex.s. c 230 § 11.]
15.35.115 Referendum on establishing or discontinuing market area pooling arrangement—Producerdealers. (1) Not less than sixty days before a referendum
creating a market area and pooling plan with quotas is to be
conducted under RCW 15.35.110, the director shall notify
each producer-dealer regarding the referendum. Any
producer-dealer may choose to vote on the referendum and
each choosing to do so shall notify the director in writing of
this choice not later than thirty days before the referendum
is conducted. Such a producer-dealer and any person who
becomes a producer-dealer or producer by acquiring the
quota of such a producer-dealer shall be a fully regulated
producer under such an approved plan and shall receive a
quota which is not less than the sales of milk in fluid form
from the producer facilities during the reference period used
by the director in determining quotas for producers. Such a
producer-dealer shall also be a fully regulated milk dealer
under the terms of such an approved plan. RCW
15.35.310(1) does not apply to a producer-dealer who is
subject to regulation under this subsection.
(2) If a person was not a producer-dealer at the time
notice was provided to producer-dealers under subsection (1)
of this section regarding a referendum on a proposed market
area and pooling plan with quotas, the plan was approved by
referendum, and the person subsequently became a producerdealer (other than by virtue of the person’s acquisition of the
quota of a producer-dealer who is fully regulated under the
plan), the person is subject to all of the terms of the plan for
producers and milk dealers during the duration of the plan
and RCW 15.35.310(1) does not apply to such a person with
regard to that plan.
(3) This subsection applies: To a person who was a
producer-dealer at the time the notice was provided to
producer-dealers under subsection (1) of this section regarding a referendum which was approved and who did not
notify the director under subsection (1) of this section to
vote in that referendum; and to a person who acquires the
facility of such a person.
If such a person’s sales of milk in fluid form subsequent
to the adoption of the plan increases such that those sales in
any year are more than fifty percent greater than the sales of
milk in fluid form from the producer facilities during any of
the previous five years, RCW 15.35.310(1) does not apply
to that person with regard to that plan. Such a producerdealer shall be a fully regulated producer under such an
approved plan and shall receive a quota which is not less
than the producer-dealer’s sales of milk in fluid form during
the reference period used by the director in determining
quotas for producers. Such a producer-dealer shall also be
[Title 15 RCW—page 49]
15.35.115
Title 15 RCW: Agriculture and Marketing
a fully regulated dealer under the terms of such an approved
plan.
If changes are made, on a market area-wide basis, to the
quotas established under the plan, the director shall by rule
adjust the fifty percent limitation provided by this section by
an equivalent amount. [1993 c 345 § 9; 1992 c 58 § 2.]
15.35.120 Qualifications for producers to sign
petitions or vote in referendums. (1) The producers
qualified to sign a petition, or to vote in any referendum
concerning a market pool, shall be all those producers
shipping milk to the market area on a regular supply basis
and who would or do receive or pay equalization in an
existing market pool in a market area, or in a market pool if
established in such market area.
(2) The milk dealers qualified to vote in any referendum
establishing a market pool shall be all those milk dealers
who operate a plant which is located within the state and
who would receive milk priced under a market pool if established in such market area.
(3) The director is authorized during business hours to
review the books and records of milk dealers to obtain a list
of the producers qualified to sign petitions or to vote in
referendums and to verify that such milk dealers are qualified to vote in a referendum. [1991 c 239 § 9; 1971 ex.s. c
230 § 12.]
15.35.130 Form of producer petitions. Petitions
filed with the director by producers shall:
(1) Consist of one or more pages, each of which is
dated at the bottom. The date shall be inserted on each
sheet prior to, or at the time the first signature is obtained on
each sheet. The director shall not accept a sheet on which
such date is more than sixty days, prior to the time it is filed
with the director. After a petition is filed, additional pages
may be filed if time limits have not expired.
(2) Contain wording at the top of each page which
clearly explains to each person whose signature appears
thereon the meaning and intent of the petition. Such wording shall also clearly indicate to the director if it is in
reference to a request for public hearing, exactly what
matters are to be studied and desired. Similar information
must be directed to the director if the matter relates to a
referendum. The director has the authority to clarify
wording from a petition before making it a part of a referendum.
No informalities or technicalities in the conduct of a
referendum, or in any matters relating thereto, shall invalidate any referendum if it is fairly and reasonably conducted
by the director. [1971 ex.s. c 230 § 13.]
15.35.140 Director to establish systems within
market areas. (1) The director shall establish a system of
classifying, pricing, and pooling of all milk used in each
market area established under RCW 15.35.110.
(2) Thereafter the director may establish a system in
each market area for the equalization of returns for all quota
milk and all surplus over quota milk whereby all producers
selling milk to milk dealers or delivering milk in such
market area, or their cooperative associations, will receive
the same prices for all quota milk and all surplus over quota
[Title 15 RCW—page 50]
milk, except that any premium paid to a producer by a
dealer above established prices shall not be considered in determining average pool prices. Such prices may reflect
adjustments based on the value of component parts of each
producer’s milk. [1991 c 239 § 10; 1971 ex.s. c 230 § 14.]
15.35.150 Determination of quota. (1) Under a
market pool and as used in this section, "quota" means a
producer’s or producer-dealer’s portion of the total sales of
milk in a market area in fluid form or, in the director’s
discretion, in other forms.
(2) The director may in each market area subject to a
market plan establish each producer’s and each producerdealer’s initial quota in the market area. Such initial quotas
shall be determined by the department after due notice and
the opportunity for a hearing as provided in chapter 34.05
RCW. In making this determination, consideration shall be
given to a history of the producer’s production record. In no
case shall a producer-dealer receive as a quota an amount
which is less than his or her fluid milk sales for the reference period used by the director in determining quotas for
other producers.
In any system of establishing quotas, provision shall be
made for new producers to qualify for allocation of quota in
a reasonable proportion and for old and new producers to
participate in any new increase in available quota in a
reasonable proportion. The director may establish a method
to proportionately decrease quota allocations in the event
decreases in milk usage occur.
All subsequent changes or new quotas issued shall be
determined by the department after due notice and the
opportunity for a hearing as provided in chapter 34.05 RCW.
[1993 c 345 § 10; 1992 c 58 § 5; 1991 c 239 § 11; 1971
ex.s. c 230 § 15.]
15.35.160 Contracts, rights and powers of associations not affected. No provision of this chapter shall be
deemed or construed to:
(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;
(2) Impair or affect any contract which any such
cooperative association has with milk dealers or others which
are not in violation of this chapter;
(3) Affect or abridge the rights and powers of any such
cooperative association conferred by the laws of this state
under which it is incorporated. [1971 ex.s. c 230 § 16.]
15.35.170 Quotas—Transfer of—Limitations.
Quotas provided for in this chapter may not in any way be
transferred without the consent of the director. Regulations
regarding transfer of quotas shall be determined by the
department after due notice and the opportunity for a hearing
as provided in chapter 34.05 RCW. Any contract for the
transfer of quotas, unless the transfer has previously been
approved by the director, shall be null and void. The
director shall make rules and regulations to preclude any
person from using a corporation as a device to evade the
provisions of this section. The quotas assigned to any
producer shall become null and void as of any time the
producer does not own the means of production to which the
(2002 Ed.)
Washington State Milk Pooling Act
quotas pertain. Quotas shall in no event be considered as
property and may be taken or abolished by the state without
compensation. [1991 c 239 § 12; 1971 ex.s. c 230 § 17.]
15.35.180 Records of milk dealers and cooperatives,
inspection and audit of. The director shall examine and
audit not less than one time each year or at any other such
time the director considers necessary, the books and records,
and may photostat such books, records, and accounts of milk
dealers and cooperatives licensed or believed subject to license under this chapter for the purpose of determining:
(1) How payments to producers for the milk handled are
computed and whether the amount of such payments are in
accordance with the applicable marketing plan;
(2) If any provisions of this chapter affecting such
payments directly or indirectly have been or are being
violated.
No person shall in any way hinder or delay the director
in conducting such examination.
The director may accept and use for the purposes of this
section any audit made for or by a federal milk market order
administrator which provides the information necessary for
such purposes. [1991 c 239 § 13; 1971 ex.s. c 230 § 18.]
15.35.190 Records necessary for milk dealers. All
milk dealers subject to the provisions of this chapter shall
keep the records as deemed necessary by the director. [1971
ex.s. c 230 § 19.]
15.35.200 Verified reports of milk dealers. Each
milk dealer subject to the provisions of this chapter shall
from time to time, as required by rule of the director, make
and file a verified report, on forms prescribed by the
director, of all matters on account for which a record is
required to be kept, together with such other information or
facts as may be pertinent and material within the scope of
the purpose of this chapter. Such reports shall cover a
period specified in the order, and shall be filed within a time
fixed by the director. [1971 ex.s. c 230 § 20.]
15.35.210 Milk dealer license—Required. It shall be
unlawful for any milk dealer subject to the provisions of a
marketing plan to handle milk subject to the provisions of
such marketing plan without first obtaining an annual license
from the director for each separate place of business where
such milk is received or sold. Such license shall be in
addition to any other license required by the laws of this
state: PROVIDED, That the provisions of this section shall
not become effective for a period of sixty days subsequent
to the inception of a marketing plan in any marketing area
prescribed by the director. [1971 ex.s. c 230 § 21.]
15.35.220 Milk dealer license—Application for—
Contents. Application for a license to act as a milk dealer
shall be on a form prescribed by the director and shall
contain, but not be limited to, the following:
(1) The nature of the business to be conducted;
(2) The full name and address of the person applying
for the license if an individual; and if a partnership, the full
name and address of each member thereof; and if a corporation, the full name and address of each officer and director;
(2002 Ed.)
15.35.170
(3) The complete address at which the business is to be
conducted;
(4) Facts showing that the applicant has adequate
personnel and facilities to properly conduct the business of
a milk dealer;
(5) Facts showing that the applicant has complied with
all the rules prescribed by the director under the provisions
of this chapter;
(6) Any other reasonable information the director may
require. [1971 ex.s. c 230 § 22.]
15.35.230 Milk dealer license—Fees—Additional
assessment for late renewal. (1) Application for each milk
dealer’s license shall be accompanied by an annual license
fee to be established by the director by rule.
(2) If an application for the renewal of a milk dealer’s
license is not filed on or before the first day of an annual
licensing period a late fee of up to one-half of the license fee
shall be assessed and added to the original fee and shall be
paid by the applicant before the renewal license shall be
issued: PROVIDED, That such additional assessment shall
not apply if the applicant furnishes an affidavit that the
applicant has not acted as a milk dealer subsequent to the
expiration of his or her prior license. [1991 c 239 § 14;
1971 ex.s. c 230 § 23.]
15.35.240 Milk dealer license—Denial, suspension,
or revocation of—Grounds. The director may deny,
suspend, or revoke a license upon due notice and an opportunity for a hearing as provided in chapter 34.05 RCW
concerning adjudicative proceedings, or rules adopted
thereunder by the director, when he is satisfied by a preponderance of the evidence of the existence of any of the
following facts:
(1) A milk dealer has failed to account and make
payments without reasonable cause, for milk purchased from
a producer subject to the provisions of this chapter or rules
adopted hereunder;
(2) A milk dealer has committed any act injurious to the
public health or welfare or to trade and commerce in milk;
(3) A milk dealer has continued in a course of dealing
of such nature as to satisfy the director of his inability or
unwillingness to properly conduct the business of handling
or selling milk, or to satisfy the director of his intent to
deceive or defraud producers subject to the provisions of this
chapter or rules adopted hereunder;
(4) A milk dealer has rejected without reasonable cause
any milk purchased or has rejected without reasonable cause
or reasonable advance notice milk delivered in ordinary
continuance of a previous course of dealing, except where
the contract has been lawfully terminated;
(5) Where the milk dealer is insolvent or has made a
general assignment for the benefit of creditors or has been
adjudged bankrupt or where a money judgment has been
secured against him upon which an execution has been
returned wholly or partially satisfied;
(6) Where the milk dealer has been a party to a combination to fix prices, contrary to law; a cooperative association organized under chapter 23.86 RCW and making
collective sales and marketing milk pursuant to the provisions of such chapter, directly or through a marketing agent,
[Title 15 RCW—page 51]
15.35.240
Title 15 RCW: Agriculture and Marketing
shall not be deemed or construed to be a conspiracy or
combination in restraint of trade or an illegal monopoly;
(7) Where there has been a failure either to keep records
or to furnish statements or information required by the
director;
(8) Where it is shown that any material statement upon
which the license was issued is or was false or misleading or
deceitful in any particular;
(9) Where the applicant is a partnership or a corporation
and any individual holding any position or interest or power
of control therein has previously been responsible in whole
or in part for any act for which a license may be denied,
suspended, or revoked, pursuant to the provisions of this
chapter or rules adopted hereunder;
(10) Where the milk dealer has violated any provisions
of this chapter or rules adopted hereunder;
(11) Where the milk dealer has ceased to operate the
milk business for which the license was issued. [1989 c 307
§ 36; 1989 c 175 § 47; 1987 c 164 § 1; 1971 ex.s. c 230 §
24.]
Reviser’s note: This section was amended by 1989 c 175 § 47 and
by 1989 c 307 § 36, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Effective date—1989 c 175: See note following RCW 34.05.010.
15.35.250 Marketing assessment on producers—
Additional assessment for milk testing—Penalty—Court
action. (1) There is hereby levied upon all milk sold or received in any marketing area subject to a marketing plan
established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all
such milk, to be paid by the producer of such milk. Such
assessment shall be collected by the first milk dealer who
receives or handles such milk from any producer or his or
her agent subject to such marketing plan and shall be paid to
the director for deposit into the agricultural local fund.
The amount to be assessed and paid to the director
under any marketing plan shall be determined by the director
within the limits prescribed by this subsection and shall be
determined according to the necessities required to carry out
the purpose and provisions of this chapter under any such
marketing plan.
(2) In the event a producer’s milk dealer does not
provide milk testing in a state-certified laboratory, the
director may levy an additional assessment on all such milk,
not to exceed three cents per one hundred pounds of milk,
to be paid by the producer of such milk. Such assessment
shall be collected by the first milk dealer who receives or
handles such milk from any producer or the producer’s agent
subject to the marketing plan and shall be paid to the
director for deposit into the agricultural local fund. Moneys
from such assessments shall be used to provide testing of the
milk in a state-certified laboratory.
The amount to be assessed and paid to the director
under this subsection shall be determined by the director
within the limits prescribed by this subsection.
(3) Upon the failure of any dealer to withhold out of
amounts due to or to become due to a producer at the time
[Title 15 RCW—page 52]
a dealer is notified by the director of the amounts to be
withheld and upon failure of such dealer to pay such
amounts, the director subject to the provisions of RCW
15.35.260, may revoke the license of the dealer required by
RCW 15.35.230. The director may commence an action
against the dealer in a court of competent jurisdiction in the
county in which the dealer resides or has his principal place
of business to collect such amounts. If it is determined upon
such action that the dealer has wrongfully refused to pay the
amounts the dealer shall be required to pay, in addition to
such amounts, all the costs and disbursements of the action,
to the director as determined by the court. If the director’s
contention in such action is not sustained, the director shall
pay to the dealer all costs and disbursements of the action as
determined by the court. [1993 c 345 § 11; 1991 c 239 §
15; 1971 ex.s. c 230 § 25.]
15.35.260 Records and reports of licensees for
assessment purposes. Each licensee, in addition to other
records required under the provisions of this chapter, shall
keep such records and make such reports as the director may
require for the purpose of computing payments of assessments by such licensee. [1971 ex.s. c 230 § 26.]
15.35.270 Assessment due date. All assessments on
milk subject to the provisions of this chapter and a marketing order shall be paid to the director on or before the
twentieth day of the succeeding month for the milk which
was received or handled in the previous month. [1971 ex.s.
c 230 § 27.]
15.35.280 Separate account for each marketing
plan—Deductions for departmental costs. The director
shall establish a separate account for each marketing plan
established under the provisions of this chapter, and all
license fees and assessments collected under any such
marketing plan shall be deposited in its separate account to
be used only for the purpose of carrying out the provisions
of such marketing plan: PROVIDED, That the director may
deduct from each such account the necessary costs incurred
by the department. Such costs shall be prorated among the
several marketing plans if more than one is in existence
under the provisions of this chapter. [1971 ex.s. c 230 §
28.]
15.35.290 Court actions to implement. In addition
to any other remedy provided by law, the director in the
name of the state shall have the right to sue in any court of
competent jurisdiction for the recovery of any moneys due
it from any persons subject to the provisions of this chapter
and shall also have the right to institute suits in equity for
injunctive relief and for purpose of enforcement of the
provisions of this chapter. [1971 ex.s. c 230 § 29.]
15.35.300 General penalty—Misdemeanor—
Exception. Any violation of this chapter and/or rules and
regulations adopted thereunder shall constitute a misdemeanor: PROVIDED, That this section shall not apply to retail
purchasers who purchase milk for domestic consumption.
[1971 ex.s. c 230 § 30.]
(2002 Ed.)
Washington State Milk Pooling Act
15.35.310 Certain producer-dealers exempt. (1)
Except as provided in RCW 15.35.115, the provisions of this
chapter shall not apply to persons designated as producerdealers, except that:
(a) The director may require pursuant to RCW
15.35.100 any information deemed necessary to verify a
producer-dealer’s status as a producer-dealer; and
(b) A producer-dealer shall comply with all requirements of this chapter applicable to milk dealers, except those
which the director may deem unnecessary.
(2) The director shall upon request designate producerdealers and adopt rules governing eligibility for designation
of a producer-dealer and cancellation of such designation.
To receive such designation, a producer-dealer shall, at a
minimum:
(a) In its capacity as a handler, have and exercise
complete and exclusive control over the operation and
management of a plant at which it handles and processes
milk received from its own milk production resources and
facilities as designated in subsection (4)(a) of this section,
the operation and management of which are under the
complete and exclusive control of the producer-dealer in its
capacity as a dairy farmer;
(b) Neither receive at its designated milk production
resources and facilities nor receive, handle, process, or
distribute at or through any of its milk handling, processing,
or distributing resources and facilities, as designated in
subsection (4)(b) of this section, milk products for reconstitution into fluid milk products, or fluid milk products
derived from any source other than (i) its designated milk
production resources and facilities, (ii) other milk dealers
within the limitation specified in subsection (2)(e) of this
section, or (iii) nonfat milk solids which are used to fortify
fluid milk products;
(c) Neither be directly nor indirectly associated with the
business control or management of, nor have a financial
interest in, another dealer’s operation; nor shall any other
dealer be so associated with the producer-dealer’s operation;
(d) Not allow milk from the designated milk production
resources and facilities of the producer-dealer to be delivered
in the name of another person as producer milk to another
handler; and
(e) Not handle fluid milk products derived from sources
other than the designated milk production facilities and
resources, except for fluid milk product purchased from pool
plants which do not exceed in the aggregate a daily average
during the month of one hundred pounds.
(3) Designation of any person as a producer-dealer
following a cancellation of its prior designation shall be
preceded by performance in accordance with subsection (2)
of this section for a period of one month.
(4) Designation of a person as a producer-dealer shall
include the determination and designation of the milk
production, handling, processing, and distributing resources
and facilities, all of which shall be deemed to constitute an
integrated operation, as follows:
(a) As milk production resources and facilities: All resources and facilities, milking herd, buildings housing such
herd, and the land on which such buildings are located, used
for the production of milk:
(i) Which are directly, indirectly, or partially owned,
operated, or controlled by the producer-dealer;
(2002 Ed.)
15.35.310
(ii) In which the producer-dealer in any way has an
interest including any contractual arrangement; and
(iii) Which are directly, indirectly, or partially owned,
operated, or controlled by any partner or stockholder of the
producer-dealer. However, for purposes of this item
(4)(a)(iii) any such milk production resources and facilities
which the producer-dealer proves to the satisfaction of the
director do not constitute an actual or potential source of
milk supply for the producer-dealer’s operation as such shall
not be considered a part of the producer-dealer’s milk
production resources and facilities; and
(b) As milk handling, processing, and distributing
resources and facilities: All resources and facilities including store outlets used for handling, processing, and distributing any fluid milk product:
(i) Which are directly, indirectly, or partially owned,
operated, or controlled by the producer-dealer; or
(ii) In which the producer-dealer in any way has an
interest, including any contractual arrangement, or with
respect to which the producer-dealer directly or indirectly
exercises any degree of management or control.
(5) Designation as a producer-dealer shall be canceled
automatically upon determination by the director that any of
the requirements of subsection (2) of this section are not
continuing to be met, such cancellation to be effective on the
first day of the month following the month in which the
requirements were not met, or the conditions for cancellation
occurred. [1992 c 58 § 6; 1991 c 239 § 16; 1971 ex.s. c
230 § 31.]
15.35.900 Severability—1971 ex.s. c 230. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provisions to other persons or circumstances, is not affected. [1971 ex.s. c 230 § 32.]
Chapter 15.36
MILK AND MILK PRODUCTS
(Formerly: Fluid milk)
Sections
15.36.002
15.36.012
15.36.021
15.36.025
15.36.041
15.36.051
15.36.071
15.36.081
15.36.091
15.36.101
15.36.111
15.36.131
15.36.141
15.36.151
15.36.161
15.36.171
Intent.
Definitions.
Milk and milk products—Rule-making authority—Grade A
pasteurized and raw milk—Grade C milk and milk
products.
Application of chapter 34.05 RCW.
Milk producer’s license.
Milk processing plant license.
Milk hauler’s license—Endorsements.
Dairy technician’s license—Application—Renewal—Fees.
Dairy technician’s license—Records—Inspection of.
Milk wash station license.
Inspection of dairy farms and milk processing plants—
Violations—Director’s access.
Sale of out-of-state grade A milk and milk products.
Grading of milk and milk products.
Unlawful to sell, offer for sale, or deliver certain products—
Diseased animals—Colostrum—Exceptions.
Cows, goats, and other mammals—Animal health requirements.
Grades of milk and milk products that may be sold.
[Title 15 RCW—page 53]
Chapter 15.36
15.36.181
15.36.191
15.36.201
15.36.206
15.36.221
15.36.231
15.36.241
15.36.261
15.36.271
15.36.281
15.36.401
15.36.421
15.36.451
15.36.454
15.36.457
15.36.471
15.36.475
15.36.481
15.36.491
15.36.511
15.36.525
15.36.531
15.36.541
15.36.551
15.36.561
Title 15 RCW: Agriculture and Marketing
Sale of adulterated or misbranded milk or milk products
prohibited—Possession restricted.
Milk or milk product analysis—Report of violative results.
Examination of milk and milk products—Violations—
Director’s options.
Source of milk and milk products—Seller’s disclosure.
Grade A raw milk—Cooling.
Raw milk or milk products—Bottling and capping—
Packaging—Labeling.
Grade A pasteurized milk—Capping.
Butter or cheese—Pasteurization of milk or cream.
"Pasteurized"—Use of word regulated.
Unlawful use of containers—Seizure authorized.
Licenses—Denial, suspension, revocation—Reasons.
Milk processing plant or producer—License suspension.
Regrading of milk or milk products—Reinstatement of license.
Failure to comply with chapter or rules—Civil penalties.
Authority to assess civil penalty.
Component parts of fluid dairy products—Violations of
standards—Civil penalty—Investigation.
Laboratory tests—Admission as evidence.
Violations may be enjoined.
Licenses—Money deposited in general fund.
Unlawful actions.
Sanitary certificates—Rules—Fee for issuance.
Declaration of police power.
Chapter cumulative.
Dairy inspection program—Assessment.
Dairy inspection program—Advisory committee—Purpose—
Terms.
15.36.002 Intent. This chapter is intended to enact
state legislation that safeguards the public health and
promotes public welfare by: (1) Protecting the consuming
public from milk or milk products that are: (a) Unsafe; (b)
produced under unsanitary conditions; (c) do not meet
bacterial standards under the PMO; or (d) below the quality
standards under Title 21 C.F.R. or administrative rules and
orders adopted under this chapter; and (2) requiring licensing
of all aspects of the dairy production and processing industry. [1994 c 143 § 101.]
15.36.012 Definitions. For the purpose of this
chapter:
"Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO.
"Colostrum milk" means milk produced within ten days
before or until practically colostrum free after parturition.
"DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products
and condensed and dry whey, to the PMO published by the
United States public health service, food and drug administration.
"Dairy farm" means a place or premises where one or
more cows, goats, or other mammals are kept, a part or all
of the milk or milk products from which is sold or offered
for sale to a milk processing plant, transfer station, or
receiving station.
"Dairy technician" means any person who takes samples
of milk or cream or fluid derivatives thereof, on which
sample tests are to be made as a basis of payment, or who
grades, weighs, or measures milk or cream or the fluid
derivatives thereof, the grade, weight, or measure to be used
as a basis of payment, or who operates equipment wherein
milk or products thereof are pasteurized.
[Title 15 RCW—page 54]
"Degrade" means the lowering in grade from grade A to
grade C.
"Department" means the state department of agriculture.
"Director" means the director of agriculture of the state
of Washington or the director’s duly authorized representative.
"Grade A milk processing plant" means any milk
processing plant that meets all of the standards of the PMO
to process grade A pasteurized milk or milk products.
"Grade A pasteurized milk" means grade A raw milk
that has been pasteurized.
"Grade A raw milk" means raw milk produced upon
dairy farms conforming with all of the items of sanitation
contained in the PMO, in which the bacterial plate count
does not exceed twenty thousand per milliliter and the
coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.201.
"Grade A raw milk for pasteurization" means raw milk
produced upon dairy farms conforming with all of the same
items of sanitation contained in the PMO of grade A raw
milk, and the bacterial plate count, as delivered from the
farm, does not exceed eighty thousand per milliliter as
determined in accordance with RCW 15.36.201.
"Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated.
"Milk" means the lacteal secretion, practically free of
colostrum, obtained by the complete milking of one or more
healthy cows, goats, or other mammals.
"Milk hauler" means a person who transports milk or
milk products in bulk to or from a milk processing plant,
receiving station, or transfer station.
"Milk processing" means the handling, preparing,
packaging, or processing of milk in any manner in preparation for sale as food, as defined in chapter 69.04 RCW.
Milk processing does not include milking or producing milk
on a dairy farm that is shipped to a milk processing plant for
further processing.
"Milk processing plant" means a place, premises, or
establishment where milk or milk products are collected,
handled, processed, stored, bottled, pasteurized, aseptically
processed, bottled, or prepared for distribution, except an
establishment that merely receives the processed milk
products and serves them or sells them at retail.
"Milk products" means the product of a milk manufacturing process.
"Misbranded milk" means milk or milk products that
carries a grade label unless such grade label has been
awarded by the director and not revoked, or that fails to
conform in any other respect with the statements on the
label.
"Official laboratory" means a biological, chemical, or
physical laboratory that is under the direct supervision of the
state or a local regulatory agency.
"Officially designated laboratory" means a commercial
laboratory authorized to do official work by the department,
or a milk industry laboratory officially designated by the
department for the examination of grade A raw milk for
pasteurization and commingled milk tank truck samples of
raw milk for antibiotic residues and bacterial limits.
(2002 Ed.)
Milk and Milk Products
"PMO" means the grade "A" pasteurized milk ordinance
published by the United States public health service, food
and drug administration.
"Pasteurized" means the process of heating every
particle of milk or milk product in properly designed and
operated equipment to the temperature and time standards
specified in the PMO.
"Person" means an individual, partnership, firm, corporation, company, trustee, or association.
"Producer" means a person or organization who operates
a dairy farm and provides, sells, or offers milk for sale to a
milk processing plant, receiving station, or transfer station.
"Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled,
stored, or cooled and prepared for further transporting.
"Sale" means selling, offering for sale, holding for sale,
preparing for sale, trading, bartering, offering a gift as an
inducement for sale of, and advertising for sale in any
media.
"Transfer station" means any place, premises, or
establishment where milk or milk products are transferred
directly from one milk tank truck to another.
"Wash station" means a place, facility, or establishment
where milk tanker trucks are cleaned in accordance with the
standards of the PMO. [1999 c 291 § 1; 1995 c 374 § 1;
1994 c 143 § 102; 1989 c 354 § 1; 1961 c 11 § 15.32.010.
Prior: 1955 c 238 § 71; prior: (i) 1943 c 90 § 1, part; 1933
c 188 § 1, part; 1929 c 213 § 1, part; 1927 c 192 § 1, part;
1919 c 192 § 1, part; Rem. Supp. 1943 § 6164, part. (ii)
1929 c 213 § 6, part; 1927 c 192 § 16, part; 1921 c 104 § 3,
part; 1919 c 192 § 41, part; RRS § 6203, part. Formerly
RCW 15.32.010.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: "Sections 1
through 47, 50 through 53, and 59 through 68 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect June 30, 1995." [1995 c 374 § 81.]
Severability—1989 c 354: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 354 § 89.]
15.36.021 Milk and milk products—Rule-making
authority—Grade A pasteurized and raw milk—Grade
C milk and milk products. The director of agriculture is
authorized to:
(1) Adopt rules necessary to carry out the purposes of
chapter 15.36 RCW, which includes rules governing the farm
storage tank and bulk milk tanker requirements, however the
rules may not restrict the display or promotion of products
covered under this section.
(2) By rule, establish, amend, or both, definitions and
standards for milk and milk products. Such definitions and
standards established by the director shall conform, insofar
as practicable, with the definitions and standards for milk
and milk products adopted by the federal food and drug
administration.
(3) By rule, adopt the PMO, DMO, and supplemental
documents by reference to establish requirements for grade
A pasteurized and grade A raw milk.
(4) Adopt rules establishing standards for grade A
pasteurized and grade A raw milk that are more stringent
than the PMO based upon current industry or public health
(2002 Ed.)
15.36.012
information for the enforcement of this chapter whenever he
or she determines that any such rules are necessary to carry
out the purposes of this section and RCW 15.36.481.
(5) By rule, certify an officially designated laboratory to
analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.
(6) Adopt rules setting standards and requirements for
the production of grade C milk and milk products. [1999 c
291 § 2; 1996 c 188 § 3; 1994 c 143 § 103; 1989 c 354 §
13; 1969 ex.s. c 102 § 1. Formerly RCW 15.36.011.]
Severability—1989 c 354: See note following RCW 15.36.012.
Repealed definitions constitute rules: "The definitions constituting
section 15.36.010, chapter 11, Laws of 1961 and RCW 15.36.010 as
hereinafter in section 7 of this 1969 amendatory act repealed are hereby
constituted and declared to be operative and to remain in force as the rules
of the department of agriculture until such time as amended, modified, or
revoked by the director of agriculture." [1969 ex.s. c 102 § 2.]
15.36.025 Application of chapter 34.05 RCW.
Chapter 34.05 RCW governs the rights, remedies, and
procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[1999 c 291 § 3.]
15.36.041 Milk producer’s license. Every milk
producer must obtain a milk producer’s license to operate as
a milk producer as defined in this chapter. A milk
producer’s license is not transferable with respect to persons
or locations or both. The license, issued by the director
upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the
license number, name, residence, and place of business, if
any, of the licensee. [1994 c 143 § 202.]
15.36.051 Milk processing plant license. A milk
processing plant must obtain an annual milk processing plant
license from the department, which shall expire on June 30
of each year. A milk processing plant may choose to
process (1) grade A milk and milk products, or (2) other
milk products that are not classified grade A.
Only one license may be required to process milk;
however, milk processing plants must obtain the necessary
endorsements from the department in order to process
products as defined for each type of milk or milk product
processing. Application for a license shall be on a form
prescribed by the director and accompanied by a twenty-five
dollar annual license fee. The applicant shall include on the
application the full name of the applicant for the license and
the location of the milk processing plant he or she intends to
operate and any other necessary information. Upon the
approval of the application by the director and compliance
with the provisions of this chapter, including the applicable
rules adopted under this chapter by the department, the
applicant shall be issued a license or a renewal of a license.
Licenses shall be issued to cover only those products,
processes, and operations specified in the license application
and approved for licensing. If a license holder wishes to
engage in processing a type of milk product that is different
than the type specified on the application supporting the
licensee’s existing license and processing that type of food
product would require a major addition to or modification of
[Title 15 RCW—page 55]
15.36.051
Title 15 RCW: Agriculture and Marketing
the licensee’s processing facilities, the licensee shall submit
an amendment to the current license application. In such a
case, the licensee may engage in processing the new type of
milk product only after the amendment has been approved
by the department.
A licensee under this section shall not be required to
obtain a food processing plant license under chapter 69.07
RCW. [1999 c 291 § 4; 1994 c 143 § 203; 1991 c 109 § 2;
1961 c 11 § 15.32.110. Prior: (i) 1927 c 192 § 11; 1923 c
27 § 8; 1919 c 192 § 29; RRS § 6192. (ii) 1919 c 192 § 33;
RRS § 6195. Formerly RCW 15.32.110.]
15.36.071 Milk hauler’s license—Endorsements. A
milk hauler must obtain a milk hauler’s license to conduct
the operation under this chapter. A milk hauler’s license is
not transferable with respect to persons or locations or both.
The license, issued by the director upon approval of an
application for the license and compliance with the provisions of this chapter, shall contain the license number,
name, residence, and place of business, if any, of the
licensee. A milk hauler’s license shall also contain endorsements for individual milk transport vehicles. The license
plate number and registration number for each milk transport
vehicle shall be listed on the endorsement. [1995 c 374 § 2;
1994 c 143 § 205.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.36.081 Dairy technician’s license—Application—
Renewal—Fees. A dairy technician must obtain a dairy
technician’s license to conduct operations under this chapter.
Such license shall be limited to those functions which the
licensee has been found qualified to perform. Before issuing
the license the director shall assess the applicant’s qualifications and may test the applicant for the functions for which
application has been made.
Application for a license as a dairy technician shall be
made upon forms provided by the director, and shall be filed
with the department. The director may issue a temporary
license to the applicant for such period as may be prescribed
and stated in the license, not to exceed sixty days, but the
license may not be renewed to extend the period beyond
sixty days.
The initial application for a dairy technician’s license
must be accompanied by a license fee of ten dollars. The
fee for renewal of the license is five dollars. All dairy
technicians’ licenses shall expire on December 31 of oddnumbered years. [1999 c 291 § 5; 1994 c 143 § 206; 1963
c 58 § 6; 1961 c 11 § 15.32.580. Prior: 1943 c 90 § 4;
1927 c 192 § 8; 1923 c 27 § 7; 1919 c 192 § 26; Rem.
Supp. 1943 § 6189. Formerly RCW 15.32.580.]
15.36.091 Dairy technician’s license—Records—
Inspection of. Licensed dairy technicians shall personally
take all samples, conduct all tests, and determine all weights
and grades of milk and milk products bought, sold, or
delivered upon the basis of weight or grade or on the basis
of the milk fat, nonfat milk solids, or other components
contained therein. Each licensee shall keep a copy of every
original report of each test, weight, or grade made by him or
her for a period of two months after making the report. No
[Title 15 RCW—page 56]
unfair, fraudulent, or manipulated sample shall be taken or
delivered for analysis. [1994 c 143 § 207; 1963 c 58 § 9;
1961 c 11 § 15.32.590. Prior: 1927 c 192 § 7, part; 1923
c 27 § 6, part; 1919 c 192 § 25, part; RRS § 6188, part.
Formerly RCW 15.32.590.]
15.36.101 Milk wash station license. A wash station
operator must obtain a milk wash station license to conduct
the operation under this chapter for all wash stations separate
from a milk processing plant. A milk wash station license
is not transferable with respect to persons or locations or
both. The license, issued by the director upon approval of
an application for such license and compliance with the
provisions of this chapter, shall contain the license number,
name, residence, and place of business, if any, of the licensee. [1994 c 143 § 208.]
15.36.111 Inspection of dairy farms and milk
processing plants—Violations—Director’s access. (1) The
director shall inspect all dairy farms and all milk processing
plants prior to issuance of a license under this chapter and at
a frequency determined by the director by rule: PROVIDED, That the director may accept the results of periodic
industry inspections of producer dairies if such inspections
have been officially checked periodically and found satisfactory. In case the director discovers the violation of any item
of grade requirement, he or she shall make a second inspection after a lapse of such time as he or she deems necessary
for the defect to be remedied, but not before the lapse of
three days, and the second inspection shall be used in
determining compliance with the grade requirements of this
chapter. Whenever there is any violation of the same
requirement of this chapter on the second inspection, the
director may initiate proceedings to degrade, suspend the
license, or assess a civil penalty.
(2) One copy of the inspection report detailing the grade
requirement violations shall be posted by the director in a
conspicuous place upon an inside wall of the milk tank room
or a mutually agreed upon location on a dairy farm or given
to an operator of the milk processing plant, and said inspection report shall not be defaced or removed by any person
except the director. Another copy of the inspection report
shall be filed with the records of the director.
(3) Every milk producer and milk processing plant shall
permit the director access to all parts of the establishment
during the working hours of the producer or milk processing
plant, which shall at a minimum include the hours from 8
a.m. to 5 p.m., and every milk processing plant shall furnish
the director, upon his or her request, for official use only,
samples of any milk product for laboratory analysis, a true
statement of the actual quantities of milk and milk products
of each grade purchased and sold, together with a list of all
sources, records of inspections and tests, and recording
thermometer charts. [1999 c 291 § 6; 1996 c 189 § 1; 1994
c 143 § 209; 1961 c 11 § 15.36.100. Prior: 1949 c 168 §
5; Rem. Supp. 1949 § 6266-34. Formerly RCW 15.36.100.]
Effective date—1996 c 189: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 189 § 3.]
(2002 Ed.)
Milk and Milk Products
15.36.131 Sale of out-of-state grade A milk and
milk products. Grade A milk and milk products from
outside the state may not be sold in the state of Washington
unless produced and/or pasteurized under provisions equivalent to the requirements of this chapter and the PMO:
PROVIDED, That the director shall satisfy himself or herself
that the authority having jurisdiction over the production and
processing is properly enforcing such provisions. [1994 c
143 § 211; 1961 c 11 § 15.36.500. Prior: 1949 c 168 § 11;
Rem. Supp. 1949 § 6266-39. Formerly RCW 15.36.500.]
15.36.141 Grading of milk and milk products.
Grades of milk and milk products as defined in this chapter
shall be based on the respectively applicable standards
contained in this chapter, with the grading of milk products
being identical with the grading of milk, except that bacterial
standards are omitted in the case of cultured milk products.
Vitamin D milk shall be only of grade A, certified pasteurized, or certified raw quality. The grade of a milk product
shall be that of the lowest grade milk or milk product used
in its preparation. [1994 c 143 § 510; 1984 c 226 § 3; 1981
c 297 § 2; 1961 c 11 § 15.36.120. Prior: 1955 c 238 § 12;
prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36,
part. Formerly RCW 15.36.120.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.36.151 Unlawful to sell, offer for sale, or deliver
certain products—Diseased animals—Colostrum—
Exceptions. It is unlawful to sell, offer for sale, or deliver:
(1) Milk or products produced from milk from cows,
goats, or other mammals affected with disease or of which
the owner thereof has refused official examination and tests
for disease; or
(2) Colostrum milk for consumption by humans, except
that this prohibition regarding colostrum milk does not apply
to:
(a) Colostrum milk made or to be made available to
persons having multiple sclerosis, or other persons acting on
their behalf, who, at the time of the initial sale, present a
form, signed by a licensed physician, certifying that the
intended user has multiple sclerosis and that the user releases
the provider of the milk from liability resulting from the
consumption of the milk; or
(b) Colostrum milk processed or to be processed by a
licensed food processing facility or a milk processing plant
as a nutritional supplement in accordance with the federal
dietary supplement health and education act. Colostrum milk
used for this purpose must be pasteurized or otherwise
subjected to a heat process or other treatment sufficient to
kill harmful organisms.
Colostrum milk described in subsection (2)(a) or (b) of
this section is exempt from the prohibition provided by
subsection (2) of this section if it comes from a licensed
producer. Such colostrum milk is also exempt from meeting
the standards for grade A raw milk required by this chapter.
[2000 c 97 § 1; 1999 c 291 § 7; 1994 c 143 § 303; 1981 c
321 § 1; 1961 c 11 § 15.32.160. Prior: 1929 c 213 § 9;
1919 c 192 § 49; RRS § 6211. Formerly RCW 15.32.160.]
15.36.161 Cows, goats, and other mammals—
Animal health requirements. (1) All milking cows, goats,
(2002 Ed.)
15.36.131
and other mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter 16.36 RCW.
(2) Milk or milk products from cows, goats, and other
mammals intended for consumption in the raw state must be
from a herd which is tested negative within the previous
twelve months for brucellosis, tuberculosis, and any other
disease the director may designate by rule. Additions to the
herd must be tested negative for the diseases within the
previous thirty days before introduction into the herd. The
state veterinarian shall direct all testing procedures in
accordance with state and national standards for animal
disease eradication.
(3) Cows, goats, and other mammals showing chronic
mastitis, whether producing abnormal milk or not, shall be
permanently excluded from the milking herd. Cows, goats,
and other mammals producing bloody, stringy, or otherwise
abnormal milk, but with only slight inflammation of the
udder shall be excluded from the herd until reexamination
shows that the milk has become normal. [1999 c 291 § 8;
1982 c 131 § 2; 1961 c 11 § 15.36.150. Prior: 1955 c 238
§ 15; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 626636, part. Formerly RCW 15.36.150.]
15.36.171 Grades of milk and milk products that
may be sold. The director may revoke the license of any
milk processing plant or producer whose product fails to
qualify as grade A pasteurized or grade A raw, or in lieu
thereof may degrade the product to grade C and permit its
sale as other than fluid milk or grade A milk products during
a period not exceeding thirty days. In the event of an
emergency, the director may permit the sale of grade C milk
for more than thirty days. [1999 c 291 § 9; 1995 c 374 § 3;
1994 c 143 § 301; 1989 c 354 § 22; 1961 c 11 § 15.36.470.
Prior: 1949 c 168 § 8; Rem. Supp. 1949 § 6266-37.
Formerly RCW 15.36.470.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Severability—1989 c 354: See note following RCW 15.36.012.
15.36.181 Sale of adulterated or misbranded milk
or milk products prohibited—Possession restricted. No
person shall produce, sell, offer, or expose for sale, or have
in possession with intent to sell, any milk or milk product
which is adulterated or misbranded. It is unlawful for any
person, elsewhere than in a private home, to have in possession any adulterated or misbranded milk or milk products.
Adulterated or misbranded milk or milk products may
be impounded and disposed of by the director. [1999 c 291
§ 10; 1994 c 143 § 302; 1961 c 11 § 15.36.070. Prior:
1949 c 168 § 2; Rem. Supp. 1949 § 6266-31. Formerly
RCW 15.36.070.]
15.36.191 Milk or milk product analysis—Report of
violative results. After obtaining a sample of milk or milk
product for analysis, the department shall, within ten days of
obtaining the result of the analysis, send any violative results
to the person from whom the sample was taken or to the
person responsible for the condition of the milk. [1999 c
291 § 11; 1994 c 143 § 304; 1989 c 354 § 11; 1961 c 11 §
[Title 15 RCW—page 57]
15.36.191
Title 15 RCW: Agriculture and Marketing
15.32.530. Prior: 1907 c 234 § 12; RRS § 6278. Formerly
RCW 15.32.530.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.36.201 Examination of milk and milk products—
Violations—Director’s options. (1) During any consecutive
six months at least four samples of raw milk, raw milk for
pasteurization, or both, from each dairy farm and raw milk
for pasteurization, after receipt by the milk processing plant
and prior to pasteurization, heat-treated milk products, and
pasteurized milk and milk products from each grade A milk
processing plant, for purposes of compliance with the PMO,
shall be collected in at least four separate months and
examined in an official laboratory: PROVIDED, That in the
case of raw milk for pasteurization the director may accept
the results of an officially designated laboratory.
(2) If two of the last four consecutive bacterial counts,
somatic cell counts, coliform determinations, or cooling
temperatures, taken on separate days, exceed the standard for
milk or milk products established in this chapter and rules
adopted under this chapter, the director shall send written
notice thereof to the person concerned. This notice shall
remain in effect so long as two of the last four consecutive
samples exceed the limit of the same standard. An additional sample shall be taken after sending of the notice, but not
before the lapse of three days. The director may initiate
proceedings to degrade or suspend the milk producer’s
license or milk processing plant license or assess a civil
penalty whenever the standard is again violated so that three
of the last five consecutive samples exceed the limit of the
same standard. [1999 c 291 § 12. Prior: 1994 c 143 § 401;
1994 c 46 § 11; 1989 c 354 § 17; 1981 c 297 § 1; 1961 c 11
§ 15.36.110; prior: 1955 c 238 § 10; 1949 c 168 § 6; Rem.
Supp. 1949 § 6266-35. Formerly RCW 15.36.110.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 297: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 297 § 43.]
15.36.206 Source of milk and milk products—
Seller’s disclosure. Any person selling milk or milk
products shall furnish the director, upon request, with the
name of all milk processing plants or distributors from
whom their milk and milk products are obtained. [1999 c
291 § 13.]
15.36.221 Grade A raw milk—Cooling. Milk and
milk products for consumption in the raw state or for
pasteurization shall be cooled within two hours of completion of milking to forty degrees Fahrenheit or less and
maintained at that temperature until picked up, in accordance
with RCW 15.36.201, so long as the blend temperature after
the first and following milkings does not exceed fifty
degrees Fahrenheit. [1995 c 374 § 4; 1984 c 226 § 5; 1961
c 11 § 15.36.260. Prior: 1955 c 238 § 37; prior: 1949 c
168 § 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly
RCW 15.36.260.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
[Title 15 RCW—page 58]
15.36.231 Raw milk or milk products—Bottling and
capping—Packaging—Labeling. (1) Milk and milk
products for consumption in the raw state shall be bottled or
packaged on the farm where produced. Bottling and capping
shall be done in a sanitary manner by means of approved
equipment and these operations shall be integral in one
machine. Caps or cap stock shall be purchased in sanitary
containers and kept therein in a clean dry place until used.
(2) All containers enclosing raw milk or any raw milk
product shall be plainly labeled or marked with the word
"raw" and the name of the producer or packager. The label
or mark shall be in letters of a size, kind, and color approved
by the director and shall contain no marks or words which
are misleading. [1999 c 291 § 14; 1961 c 11 § 15.36.265.
Prior: 1955 c 238 § 38; prior: 1949 c 168 § 7, part; Rem.
Supp. 1949 § 6266-36, part. Formerly RCW 15.36.265.]
15.36.241 Grade A pasteurized milk—Capping.
Capping of milk or milk products shall be done by approved
mechanical equipment. Hand capping is prohibited. The
cap or cover shall cover the pouring lip to at least its largest
diameter. [1961 c 11 § 15.36.420. Prior: 1955 c 238 § 64;
prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36,
part. Formerly RCW 15.36.420.]
15.36.261 Butter or cheese—Pasteurization of milk
or cream. All milk or cream used in the manufacture of
pasteurized butter or cheese shall be pasteurized only in the
plant where the butter or cheese is manufactured. [1961 c
11 § 15.32.410. Prior: 1919 c 192 § 12; RRS § 6175.
Formerly RCW 15.32.410.]
15.36.271 "Pasteurized"—Use of word regulated.
No person shall use the word "pasteurized" in connection
with the sale, designation, advertising, labeling, or billing of
milk, cream, or any milk product unless the same and all
milk products used in the manufacture thereof consist
exclusively of milk, skimmed milk, or cream that has been
pasteurized in its final form. [1989 c 354 § 7; 1961 c 11 §
15.32.420. Prior: 1919 c 192 § 71; RRS § 6233. Formerly
RCW 15.32.420.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.36.281 Unlawful use of containers—Seizure
authorized. (1) It shall be unlawful for a person other than
the owner, to possess for sale or barter or to use a container
that is used to distribute packaged milk or milk products and
that bears the name or trademark of an owner that has been
properly registered.
(2) A person receiving packaged dairy products in
containers bearing the registered name or trademark of the
owner shall return the containers to the owner.
(3) When such a container is in the possession of a
person other than the owner, the director may seize and hold
it until it is established to the director’s satisfaction that such
possession is lawful. The director may seize such containers
and return them to the owner, in which case the owner shall
pay the expenses thereof. Neither the director nor a person
who returns such containers shall be liable for containers lost
(2002 Ed.)
Milk and Milk Products
in transportation. [1994 c 143 § 508; 1961 c 11 §
15.32.450. Prior: (i) 1927 c 192 § 22, part; 1923 c 27 § 12,
part; 1919 c 192 § 86, part; 1915 c 101 § 1, part; RRS §
6259, part. (ii) 1915 c 101 § 3; RRS § 6261. (iii) 1927 c
192 § 22a; 1915 c 101 § 4; RRS § 6262. (iv) 1927 c 192 §
22b; 1915 c 101 § 5; RRS § 6263. Formerly RCW
15.32.450.]
15.36.401 Licenses—Denial, suspension, revocation—Reasons. (1) A license issued under this chapter may
be denied, suspended, or revoked by the director when a
person:
(a) Fails to comply with the provisions of this chapter
or the rules adopted under this chapter;
(b) Refuses the department access to a portion or area
of a facility regulated under this chapter, for the purpose of
carrying out the provisions of this chapter;
(c) Fails to comply with an order of the director;
(d) Refuses to make available to the department records
required to be kept under the provisions of this chapter;
(e) Fails to comply with the applicable provisions of
chapter 69.04 RCW, Washington intrastate commerce in
food, drugs, and cosmetics act, or rules adopted under that
chapter;
(f) Interferes with the director in the performance of his
or her duties; or
(g) Exhibits negligence, misconduct, or lack of qualification in the discharge of his or her functions.
Upon notice by the director to deny, revoke, or suspend
a license, a person may request a hearing under chapter
34.05 RCW.
(2) Whenever a milk transport vehicle is found in
violation of this chapter or rules adopted under this chapter,
the endorsement for that milk transport vehicle contained on
a milk hauler’s license may be suspended or revoked. The
suspension or revocation does not apply to any other milk
transport vehicle operated by the milk hauler.
(3) A license may be revoked by the director upon
serious or repeated violations or after a license suspension or
degrade for thirty continuous days without correction of the
items causing the suspension or degrade. [1999 c 291 § 15;
1994 c 143 § 501.]
15.36.421 Milk processing plant or producer—
License suspension. (1) If the director finds a milk processing plant or producer operating under conditions that
constitute an immediate danger to public health, safety, or
welfare or if the licensee or an employee of the licensee
actively prevents the director or the director’s representative,
during an on-site inspection, from determining whether such
a condition exists, the director may summarily suspend a
license provided for in this chapter.
(2) If a license is summarily suspended, the holder of
the license shall be notified in writing that the license is,
upon service of the notice, immediately suspended and that
prompt opportunity for a hearing will be provided.
(3) If a license is summarily suspended, processing and
shipping operations shall immediately cease. However, the
director may reinstate the license if the condition that caused
the suspension has been abated to the director’s satisfaction.
[1999 c 291 § 16; 1994 c 143 § 503.]
(2002 Ed.)
15.36.281
15.36.451 Regrading of milk or milk products—
Reinstatement of license. Any producer or milk processing
plant whose milk has been degraded by the director, or
whose license has been suspended may at any time make
application for the regrading of his or her products or the
reinstatement of his or her license.
Upon receipt of a satisfactory application, in case the
lowered grade or the license suspension was the result of
violation of the bacteriological or cooling temperature
standards, the director shall take further samples of the
applicant’s output, at a rate of not more than two samples
per week. The director shall regrade the milk or milk
products upward or reinstate the license on compliance with
grade requirements as determined in accordance with the
provisions of RCW 15.36.201.
In case the lowered grade of the applicant’s product or
the license suspension was due to a violation of an item
other than bacteriological standard or cooling temperature,
the said application must be accompanied by a statement
signed by the applicant to the effect that the violated item of
the specifications had been conformed with. Within one
week of the receipt of such an application and statement the
director shall make a reinspection of the applicant’s establishment and thereafter as many additional reinspections as
he or she may deem necessary to assure himself or herself
that the applicant is again complying with the higher grade
requirements. The higher grade or license shall be reinstated
upon confirmation that all violated items are corrected and
any period for reduction in grade or license suspensions as
ordered by the director has been completed. [1999 c 291 §
17; 1996 c 189 § 2; 1994 c 143 § 506; 1961 c 11 §
15.36.480. Prior: 1949 c 168 § 9; Rem. Supp. 1949 §
6266-37a. Formerly RCW 15.36.480.]
Effective date—1996 c 189: See note following RCW 15.36.111.
15.36.454 Failure to comply with chapter or rules—
Civil penalties. (1) Except as provided in RCW 15.36.471
or subsection (2) or (3) of this section, any person who fails
to comply with this chapter or the rules adopted under this
chapter may be subject to a civil penalty in an amount of not
more than one thousand dollars per violation per day.
(2) The director shall adopt rules establishing civil
penalties assessed under RCW 15.36.111(1) and
15.36.201(2). The penalties shall be equitably based on the
volume of milk or milk product handled by the producer or
milk processor subject to the penalty.
(3) Whenever the results of an antibiotic, pesticide, or
other drug residue test on a producer’s milk are above the
actionable level established in the PMO, the producer is
subject to a civil penalty in an amount equal to one-half the
value of the sum of the volumes of milk produced on the
day prior to and the day of the adulteration. The value of
the milk shall be computed using the weighted average price
for the federal market order under which the milk is delivered.
(4) Each violation is a separate and distinct offense.
The director shall impose the civil penalty in accordance
with chapter 34.05 RCW. Moneys collected under this
section and RCW 15.36.471 shall be remitted to the department and deposited into the revolving fund of the Washington state dairy products commission. [1999 c 291 § 18.]
[Title 15 RCW—page 59]
15.36.457
Title 15 RCW: Agriculture and Marketing
15.36.457 Authority to assess civil penalty. The
authority to assess a civil penalty under RCW 15.36.111(1)
and 15.36.201(2) shall be used only as consistent with the
1995 grade A pasteurized milk ordinance published by the
United States public health service, food and drug administration and adopted by [the] department in WAC 16-101-700,
or any subsequent version as adopted by the department
under the authority of RCW 15.36.021(3). [1999 c 291 §
19.]
15.36.471 Component parts of fluid dairy products—Violations of standards—Civil penalty—
Investigation. (1) The director shall adopt rules imposing
a civil penalty of not more than ten thousand dollars for
violations of the standards for component parts of fluid dairy
products which are established under this chapter or adopted
pursuant to RCW 69.04.398.
(2) In case of a violation of the standards for the
composition of milk products, an investigation shall be made
to determine the cause of the violation which shall be
corrected. Additional samples shall be taken as soon as
possible and tested by the department. [1999 c 291 § 20;
1994 c 143 § 511; 1993 c 212 § 3; 1989 c 175 § 49; 1986
c 203 § 19. Formerly RCW 15.36.595.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1986 c 203: See note following RCW 15.17.230.
15.36.475 Laboratory tests—Admission as evidence.
Tests performed by an official laboratory or an officially
designated laboratory of a milk sample drawn by a department official or a licensed dairy technician shall be admitted
as prima facie evidence of a violation in any proceeding to
enforce this chapter. [1999 c 291 § 21.]
15.36.481 Violations may be enjoined. The director
may bring an action to enjoin the violation of any provision
of this chapter or any rule adopted under this chapter in the
superior court of the county in which the defendant resides
or maintains his or her principal place of business or
Thurston county. [1999 c 291 § 22; 1969 ex.s. c 102 § 4.
Formerly RCW 15.36.600.]
15.36.491 Licenses—Money deposited in general
fund. All moneys received for licenses under this chapter
shall be deposited in the general fund. [1999 c 291 § 23;
1961 c 11 § 15.32.710. Prior: 1899 c 43 § 27; RRS §
6249. Formerly RCW 15.32.710.]
15.36.511 Unlawful actions. It is unlawful for any
person to:
(1) Interfere with or obstruct any person in the performance of official duties under this chapter;
(2) Employ a tester, sampler, weigher, grader, or
pasteurizer who is not licensed as a dairy technician;
(3) Alter or tamper with a seal placed by the director;
or
(4) Alter or tamper with a sample of milk or milk
products taken or sealed by the director.
Except as provided under *RCW 15.35.131, it is
unlawful for a milk processing plant to accept milk from a
[Title 15 RCW—page 60]
person not licensed as a producer or milk processor. [1999
c 291 § 24; 1961 c 11 § 15.32.730. Prior: 1919 c 192 § 76;
RRS § 6238. Formerly RCW 15.32.730.]
*Reviser’s note: The reference to RCW 15.35.131 is erroneous.
RCW 15.36.131 was apparently intended.
15.36.525 Sanitary certificates—Rules—Fee for
issuance. The department may issue sanitary certificates to
milk processing plants under this chapter subject to such
requirements as it may establish by rule. The fee for
issuance is fifty dollars per certificate. Fees collected under
this section shall be deposited in the agricultural local fund.
[1999 c 291 § 25.]
15.36.531 Declaration of police power. It is hereby
declared that this chapter is enacted as an exercise of the
police power of the state of Washington for the preservation
of the public health and each and every section thereof shall
be construed as having been intended to effect such purpose
and not as having been intended to affect any regulation or
restraint of commerce between the several states which may
by the Constitution of the United States of America have
been reserved to the congress thereof. [1961 c 11 §
15.32.900. Prior: 1919 c 192 § 83; RRS § 6245. Formerly
RCW 15.32.900.]
15.36.541 Chapter cumulative. Nothing in this
chapter shall be construed as affecting or being intended to
effect a repeal of chapter 69.04 RCW or RCW 69.40.010
through 69.40.025, or of any of such sections, or of any part
or provision of any such sections, and if any section or part
of a section in this chapter shall be found to contain, cover
or effect any matter, topic or thing which is also contained
in, covered in or effected by said sections, or by any of
them, or by any part thereof, the prohibitions, mandates,
directions, and regulations hereof, and the penalties, powers
and duties herein prescribed shall be construed to be additional to those prescribed in such sections and not in
substitution therefor. And nothing in this chapter shall be
construed to forbid the importation, transportation, manufacture, sale, or possession of any article of food which is not
prohibited from interstate commerce by the laws of the
United States or rules or regulations lawfully made thereunder, if there be a standard of quality, purity and strength
therefor authorized by any law of this state, and such article
comply therewith and be not misbranded. [1961 c 11 §
15.32.910. Prior: 1919 c 192 § 88; RRS § 6266. Formerly
RCW 15.32.910.]
15.36.551 Dairy inspection program—Assessment.
(Expires June 30, 2005.) There is levied on all milk
processed in this state an assessment not to exceed fifty-four
one-hundredths of one cent per hundredweight. The director
shall determine, by rule, an assessment, that with contribution from the general fund, will support an inspection
program to maintain compliance with the provisions of the
pasteurized milk ordinance of the national conference on
interstate milk shipment. All assessments shall be levied on
the operator of the first milk processing plant receiving the
milk for processing. This shall include milk processing
plants that produce their own milk for processing and milk
(2002 Ed.)
Milk and Milk Products
processing plants that receive milk from other sources. Milk
processing plants whose monthly assessment for receipt of
milk totals less than twenty dollars in any given month are
exempted from paying this assessment for that month. All
moneys collected under this section shall be paid to the
director by the twentieth day of the succeeding month for the
previous month’s assessments. The director shall deposit the
funds into the dairy inspection account hereby created within
the agricultural local fund established in RCW 43.23.230.
The funds shall be used only to provide inspection services
to the dairy industry. If the operator of a milk processing
plant fails to remit any assessments, that sum shall be a lien
on any property owned by him or her, and shall be reported
by the director and collected in the manner and with the
same priority over other creditors as prescribed for the
collection of delinquent taxes under chapters 84.60 and 84.64
RCW.
This section expires June 30, 2005. [1999 c 291 § 26;
1995 c 15 § 1; 1994 c 34 § 1; 1993 sp.s. c 19 § 1; 1992 c
160 § 1. Formerly RCW 15.36.105.]
Effective date—1995 c 15: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1995]." [1995 c 15 § 2.]
15.36.561 Dairy inspection program—Advisory
committee—Purpose—Terms. (1) There is created a dairy
inspection program advisory committee. The committee
shall consist of eleven members appointed by the director.
The director shall solicit nominations for members of the
committee from Washington dairy producer organizations
and milk processors. The committee shall consist of four
members who are producers or their representatives, four
members who are milk processors or their representatives,
one member who is a producer processor, one member who
is a milk hauler, and one member who is a milk equipment
dealer.
(2) The purpose of this advisory committee is to advise
the director in the administration of the dairy inspection
program and regarding policy issues related to this chapter.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
until their successor has been appointed and qualified. In the
event a committee member resigns, is disqualified, or vacates
a position on the committee for any reason the vacancy may
be filled by the director under the provisions of this section
governing appointments. The director may remove a
member for cause.
(4) The committee shall elect one of its members as
chair. The committee shall meet by the call of the director,
chair, or a majority of the committee. Members of the
committee shall serve without compensation. [1999 c 291
§ 27; 1994 c 143 § 507; 1994 c 34 § 2; 1992 c 160 § 2.
Formerly RCW 15.36.107.]
15.36.551
Chapter 15.37
MILK AND MILK PRODUCTS FOR
ANIMAL FOOD
Sections
15.37.010
15.37.020
15.37.030
15.37.040
15.37.050
15.37.060
15.37.070
15.37.080
15.37.090
15.37.100
15.37.110
15.37.120
15.37.130
15.37.140
15.37.150
15.37.900
Definitions.
Enforcement of chapter—Rules, subject to administrative
procedure act.
Minimum conditions for sale, etc.—When license required—
Expiration date of license.
Application, issuance of license.
License fee on application.
Penalty for delinquency on renewal of license.
Denial, suspension, revocation of license.
Denial, suspension, revocation of license—Hearings subject
to administrative procedure act.
Subpoenas—Witness fees.
Coloring of milk in containers, when required.
Labels on containers—Contents.
Entry on premises.
Injunctions authorized.
Chapter cumulative and nonexclusive.
Penalty.
Severability—1961 c 285.
15.37.010 Definitions. For the purpose of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
his duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society, and association,
and every officer, agent, or employee thereof. This term
shall import either the singular or plural, as the case may be.
[1961 c 285 § 1.]
15.37.020 Enforcement of chapter—Rules, subject
to administrative procedure act. The director shall enforce
and carry out the provisions of this chapter and may adopt
the necessary rules to carry out its purpose. The adoption of
rules shall be subject to the provisions of chapter 34.05
RCW, concerning the adoption of rules, as enacted or
hereafter amended. [1961 c 285 § 2.]
15.37.030 Minimum conditions for sale, etc.—When
license required—Expiration date of license. It shall be
unlawful for any person to sell, offer for sale, hold for sale,
or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim
milk, for animal food consumption, which does not meet, or
has not been produced and handled under conditions prescribed for grade A milk as provided in chapter 15.36 RCW
as enacted or hereafter amended, without first obtaining an
annual license from the director which shall expire on June
30th following the date of issuance unless revoked prior
thereto by the director for cause. [1961 c 285 § 3.]
15.37.040 Application, issuance of license. Application for a license shall be on a form prescribed by the
director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is a receiver, trustee, firm, partnership, association, or corporation, the full name of each
(2002 Ed.)
[Title 15 RCW—page 61]
15.37.040
Title 15 RCW: Agriculture and Marketing
member of the firm or partnership or the names of the
officers of the association or corporation shall be given on
the application.
(3) The principal business address of the applicant in the
state and elsewhere.
(4) The name of a person domiciled in this state
authorized to receive and accept service or legal notice of all
kinds.
(5) Any other information prescribed by the director
necessary to carry out the purposes and provisions of this
chapter.
The director shall issue a license to an applicant upon
his satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that
such applicant has paid the required fee. [1961 c 285 § 4.]
15.37.050 License fee on application. The application for an annual license to sell, offer for sale, hold for sale,
or advertise for sale, trade, barter, or to give as an inducement for the sale of another product, milk, cream, or skim
milk for animal food consumption shall be accompanied by
a license fee of twenty-five dollars. [1961 c 285 § 5.]
15.37.060 Penalty for delinquency on renewal of
license. If an application for renewal of a license provided
for in RCW 15.37.030 is not filed prior to July 1st of any
one year, a penalty of ten dollars shall be assessed and
added to the original fee and shall be paid by the applicant
before the renewal license shall be issued: PROVIDED,
That such penalty shall not apply if the applicant furnishes
an affidavit that he has not sold, offered for sale, held for
sale, or advertised for sale, milk, cream, or skim milk for
animal food consumption subsequent to the expiration of his
prior license. [1961 c c 285 § 6.]
15.37.070 Denial, suspension, revocation of license.
The director is authorized to deny, suspend, or revoke the
license provided for in RCW 15.37.030 subsequent to a
hearing in any case in which he finds that there has been a
failure or refusal to comply with the provisions of this
chapter or rules adopted hereunder. [1961 c 285 § 7.]
15.37.080 Denial, suspension, revocation of license—
Hearings subject to administrative procedure act. All
hearings for a denial, suspension, or revocation of a license
provided for in RCW 15.37.030 shall be subject to the
provisions of chapter 34.05 RCW concerning adjudicative
proceedings. [1989 c 175 § 50; 1961 c 285 § 8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
15.37.090 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/or the production of books, documents, and records in
the county in which the person licensed under this chapter
resides in any hearing affecting the authority or privileges
granted by a license issued under the provisions of this
chapter. Witnesses, except complaining witnesses, shall be
entitled to fees for attendance and travel, as provided for in
chapter 2.40 RCW as enacted or hereafter amended. [1961
c 285 § 9.]
[Title 15 RCW—page 62]
15.37.100 Coloring of milk in containers, when
required. It shall be unlawful for any person to sell, offer
for sale, hold for sale, advertise for sale, trade, barter, or to
give as an inducement for the sale of another product, any
milk, cream, or skim milk, for animal food consumption
which does not meet, or has not been produced under
conditions prescribed for grade A milk, as prescribed in
chapter 15.36 RCW as enacted or hereafter amended and
rules adopted thereunder, and the applicable provisions of
chapter 69.04 RCW (the Food, Drug and Cosmetic Act) as
enacted and hereafter amended and rules adopted thereunder,
in containers provided either by the vendor or vendee and
which are capable of holding less than twenty liquid quarts,
unless such milk, cream, or skim milk has been
decharacterized with a color prescribed by the director which
will not affect its nutritive value for animal food. [1961 c
285 § 10.]
15.37.110 Labels on containers—Contents. It shall
be unlawful to sell, offer for sale, hold for sale, trade, barter,
or to offer as an inducement for the sale of another product,
milk, cream, or skim milk subject to the provisions of this
chapter in containers which are not labeled in a conspicuous
location readily visible to any person handling such containers with the following:
(1) The name and address of the producer or distributor
in letters not less than one-fourth inch in size.
(2) The name of the contents in letters not less than
one-fourth inch in size.
(3) The words "not for human consumption" in letters
at least one-half inch in size.
(4) The words "decharacterized with harmless food
coloring" in letters not less than one-fourth inch in size.
[1961 c 285 § 11.]
15.37.120 Entry on premises. The director or his
duly authorized representative may enter, during reasonable
business hours, any premise where milk, cream, or skim
milk subject to the provisions of this chapter is produced,
handled, distributed, sold, offered for sale, held for sale, or
used for the inducement of the sale of another product to
determine if such milk, cream, or skim milk has been
properly decharacterized as provided in RCW 15.37.100 or
rules adopted hereunder. No person shall interfere with the
director or his duly authorized representative when he is
performing or carrying out the duties imposed on him by this
chapter or rules adopted hereunder. [1961 c 285 § 12.]
15.37.130 Injunctions authorized. The director may
bring an action to enjoin the violation or threatened violation
of any provision of this chapter or any rule adopted pursuant
to this chapter in the superior court of Thurston county,
notwithstanding the existence of any other remedy at law.
[1961 c 285 § 13.]
15.37.140 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1961
c 285 § 14.]
(2002 Ed.)
Milk and Milk Products for Animal Food
15.37.150 Penalty. Any person violating the provisions of this chapter or rules adopted hereunder is guilty of
a misdemeanor. [1961 c 285 § 15.]
15.37.900 Severability—1961 c 285. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1961 c 285 § 16.]
Chapter 15.44
DAIRY PRODUCTS COMMISSION
Sections
15.44.010
15.44.015
Definitions.
Regulating dairy products—Commission created—Existing
comprehensive scheme—Laws applicable.
15.44.020 Commission composition.
15.44.023 Associations with same objective—Dual membership—
Contracting.
15.44.027 Commission districts and boundaries.
15.44.030 Member qualifications.
15.44.032 Terms—Vacancies.
15.44.033 Nomination and election procedure.
15.44.035 Producer lists—Each producer responsible for accuracy—
Use of lists.
15.44.038 Quorum—Compensation—Travel expenses.
15.44.040 Copies of records as evidence.
15.44.050 Manager—Secretary-treasurer—Treasurer’s bond.
15.44.060 Powers and duties.
15.44.063 Reimbursement for costs.
15.44.065 Commission may establish foundations.
15.44.070 Rules or orders to be filed and published—Rule-making
exemptions.
15.44.080 Assessments on milk and cream—Amounts—Increases—
Producer referendum.
15.44.085 Assessments on class I or class II milk.
15.44.087 Class I and class II milk defined.
15.44.090 Collection of assessments—Lien.
15.44.100 Records of dealers, shippers—Preservation—Inspection.
15.44.110 Reports of dealers and shippers to commission—Subpoenas.
15.44.130 Research, advertising, educational campaign—Increase or
decrease of assessments—Procedure.
15.44.133 Promotional hosting expenditures—Rules.
15.44.135 Promotional printing and literature—Contracts.
15.44.140 Authority to inspect premises and records—Subpoenas.
15.44.150 Action against commission enforced as if a corporation—
Liability—Limitations.
15.44.160 Enforcement of chapter.
15.44.170 Penalty.
15.44.180 Jurisdiction of courts.
15.44.185 Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
15.44.190 Funding staff support—Rules.
15.44.910 Liberal construction.
General obligation bonds: Chapter 43.99I RCW.
15.44.010 Definitions. As used in this chapter:
"Commission" means the Washington state dairy
products commission;
To "ship" means to deliver or consign milk or cream to
a person dealing in, processing, distributing, or manufacturing dairy products for sale, for human consumption or
industrial or medicinal uses;
(2002 Ed.)
15.37.150
"Handler" means one who purchases milk, cream, or
skimmed milk for processing, manufacturing, sale, or distribution;
"Dealer" means one who handles, ships, buys, and sells
dairy products, or who acts as sales or purchasing agent,
broker, or factor of dairy products;
"Mail" or "send" for purposes of any notice relating to
rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail;
"Processor" means a person who uses milk or cream for
canning, drying, manufacturing, preparing, or packaging or
for use in producing or manufacturing any product therefrom;
"Producer" means a person who produces milk from
cows and sells it for human or animal food, or medicinal or
industrial uses;
"Maximum authorized assessment rate" means the level
of assessment most recently approved by a referendum of
producers;
"Current level of assessment" means the level of
assessment paid by the producer as set by the commission
which cannot exceed the maximum authorized assessment
rate. [2002 c 313 § 88; 1985 c 261 § 17; 1979 ex.s. c 238
§ 1; 1961 c 11 § 15.44.010. Prior: 1939 c 219 § 2; RRS §
6266-2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 238 § 27.]
15.44.015 Regulating dairy products—Commission
created—Existing comprehensive scheme—Laws applicable. The history, economy, culture, and the future of
Washington state’s agriculture involves the dairy industry.
In order to develop and promote Washington’s dairy products as part of an existing comprehensive scheme to regulate
those products the legislature declares:
(1) That the Washington state dairy products commission is created. The commission may also take actions
under the name "the dairy farmers of Washington";
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
dairy products be properly promoted by (a) enabling the
dairy industry to help themselves in establishing orderly, fair,
sound, efficient, and unhampered marketing, grading, and
standardizing of the dairy products they produce; and (b)
working to stabilize the dairy industry by increasing consumption of dairy products within the state, the nation, and
internationally;
(3) That dairy producers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
dairy producer’s ability to compete in local, domestic, and
foreign markets;
(4) That it is in the overriding public interest that
support for the dairy industry be clearly expressed, that
adequate protection be given to agricultural commodities,
uses, activities, and operations, and that dairy products be
[Title 15 RCW—page 63]
15.44.015
Title 15 RCW: Agriculture and Marketing
promoted individually, and as part of a comprehensive
industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of Washington state’s dairy
products in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s dairy products;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of dairy products; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of dairy products produced in Washington state;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state; and
(6) That the dairy industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the dairy industry include the:
(a) Federal marketing order under 7 C.F.R., Part 1124;
(b) Dairy promotion program under the dairy and
tobacco adjustment act of 1983, Subtitle B;
(c) Milk and milk products act under chapter 15.36
RCW and rules, including:
(i) The national conference of interstate milk shippers
pasteurized milk ordinance;
(ii) The national conference of interstate milk shippers
dry milk ordinance;
(iii) Standards for the fabrication of single-service
containers;
(iv) Procedures governing cooperative state-public health
service;
(v) Methods of making sanitation ratings of milk
supplies;
(vi) Evaluation and certification of milk laboratories;
and
(vii) Interstate milk shippers;
(d) Milk and milk products for animal food act under
chapter 15.37 RCW and rules;
(e) Organic food products act under chapter 15.86 RCW
and rules;
(f) Intrastate commerce in food, drugs, and cosmetics
act under chapter 69.04 RCW and rules, including provisions
of 21 C.F.R. relating to the general manufacturing practices,
milk processing, food labeling, food standards, and food
additives;
(g) Washington food processing act under chapter 69.07
RCW and rules;
(h) Washington food storage warehouses act under
chapter 69.10 RCW and rules;
(i) Animal health under chapter 16.36 RCW and rules;
(j) Weighmasters under chapter 15.80 RCW and rules;
and
(k) Dairy nutrient management act under chapter 90.64
RCW and rules. [2002 c 313 § 87.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 64]
15.44.020 Commission composition. The dairy
products commission shall be composed of not more than ten
members. There shall be one member from each district
who shall be a practical producer of dairy products to be
elected by such producers, one member shall be a dealer,
and one member shall be a producer who also acts as a dealer, and such dealer and producer who acts as a dealer shall
be appointed by the director of agriculture, and the director
of agriculture shall be an ex officio member without vote.
[2002 c 313 § 89; 1979 ex.s. c 238 § 2; 1975 1st ex.s. c 136
§ 1; 1965 ex.s. c 44 § 2; 1961 c 11 § 15.44.020. Prior:
1959 c 163 § 2; prior: (i) 1939 c 219 § 3, part; RRS §
6266-3, part. (ii) 1939 c 219 § 4, part; RRS § 6266-4, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.023 Associations with same objective—Dual
membership—Contracting. Any board member of the
commission may be a member or officer of an association
that has the same objectives for which the commission was
formed. The commission may contract with the association
for services necessary to carry out any purposes authorized
under this chapter if an appropriate written contract has been
entered into. [2002 c 313 § 101.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.027 Commission districts and boundaries.
The commission shall delete, combine, revise, amend, or
modify in any manner commission districts and boundaries
by regulation as required and in accordance with the intent
and provisions of this section. Commission districts established by statute prior to September 8, 1975 shall remain in
effect until superseded by such regulations.
The boundaries of the commission districts shall be
maintained in a manner that assures each producer a representation in the commission which is reasonably equal with
the representation afforded all other producers by their commission members.
The commission shall, when requested in accordance
with the provisions of the administrative procedure act,
chapter 34.05 RCW as enacted or hereafter amended, or on
its own initiative, hold hearings to determine if new boundaries for each commission district should be established in
order to afford each producer a reasonably equal representation in the commission, and if the commission so finds
it shall change the boundaries of said commission districts to
carry out the proper reapportionment of producer representation on the commission: PROVIDED, That the requirement
of this section for reasonable equal representation of each
producer on the commission need not require an equality of
representation when the commission districts east of the crest
of the Cascade mountains are compared to the commission
districts west of the crest of the Cascade mountains:
PROVIDED FURTHER, That the area east of the crest of
the Cascade mountains shall comprise not less than two
commission districts.
The commission may in carrying out this reapportionment directive reduce the number of districts presently
provided by prior law, whenever it is in the best interest of
the producers and if such change would maintain reasonable
apportionment for each historical production or marketing
(2002 Ed.)
Dairy Products Commission
area: PROVIDED, That each elected commission member
whose district may be consolidated with another district shall
be allowed to serve out his term of office.
If the commission fails to carry out its directive as set
forth herein for equal representation of each producer on the
commission the director of agriculture may upon request by
ten producers institute a hearing to determine if there is
reasonably equal representation for each producer on the
commission. If the director of agriculture finds that such
reasonably equal representation is lacking, he then shall
realign the district boundaries in a manner which will
provide proper representation on the commission for each
producer. [1975 1st ex.s. c 136 § 7.]
15.44.030 Member qualifications. Each of the
producer members of the commission shall:
(1) Be a citizen and resident of this state and the district
which he represents; and
(2) Be and for the five years last preceding his election
have been actually engaged in producing dairy products
within this state. These qualifications must continue during
each member’s term of office.
The dealer member shall be actively engaged as a dealer
in dairy products or employed in a dealer capacity as an
officer or employee at management level in a dairy products
organization. [1975 1st ex.s. c 136 § 2; 1965 ex.s. c 44 § 4;
1961 c 11 § 15.44.030. Prior: 1959 c 163 § 4; prior: 1939
c 219 § 3, part; RRS § 6266-3, part.]
15.44.032 Terms—Vacancies. The regular term of
office of each producer member of the commission shall be
three years. Commission members shall be first nominated
and elected in 1966 in the manner set forth in RCW
15.44.033 and shall take office as soon as they are qualified.
However, expiration of the term of the respective commission members first elected in 1966 shall be as follows:
(1) District I and II on July 1, 1967;
(2) District III and IV on July 1, 1968; and
(3) District V, VI and VII on July 1, 1969.
The respective terms shall end on July 1st of each third
year thereafter. Any vacancies that occur on the commission
shall be filled by appointment by the other members of the
commission, and such appointee shall hold office for the
remainder of the term for which he is appointed to fill, so
that commission memberships shall be on a uniform staggered basis.
The term of office of the first dealer appointed by the
director shall expire July 1, 1977, and the term of office of
the first producer who also acts as a dealer appointed by the
director shall expire on July 1, 1978. The term of office of
each dealer and each producer who also acts as a dealer shall
be three years or until such time as a successor is duly appointed. Any vacancy for a dealer or a producer who also
acts as a dealer shall be forthwith filled by the director. The
director, in making any appointments set forth herein, may
consider lists of nominees supplied him by dealers or
producers also acting as dealers. [1975 1st ex.s. c 136 § 3;
1965 ex.s. c 44 § 5; 1961 c 11 § 15.44.032. Prior: 1959 c
163 § 5.]
(2002 Ed.)
15.44.027
15.44.033 Nomination and election procedure.
Producer members of the commission shall be nominated
and elected by producers within the district that such producer members represent in the year in which a commission
member’s term shall expire. Such producer members
receiving the largest number of the votes cast in the respective districts which they represent shall be elected. The
election shall be by secret mail ballot and under the supervision of the director.
Nomination for candidates to be elected to the commission shall be conducted by mail by the director. Such
nomination forms shall be mailed by the director to each
producer in a district where a vacancy is about to occur.
Such mailing shall be made on or after April 1st, but not
later than April 10th of the year the commission vacancy
will occur. The nomination form shall provide for the name
of the producer being nominated and the names of five
producers nominating such nominee. The producers nominating such nominee shall affix their signatures to such form
and shall further attest that the said nominee meets the
qualifications for a producer member to serve on the
commission and that he or she will be willing to serve on
the commission if elected.
All nominations as provided for herein shall be returned
to the director by April 30th, and the director shall not
accept any nomination postmarked later than midnight April
30th, nor place the candidate thereon on the election ballot.
Ballots for electing members to the commission will be
mailed by the director to all eligible producers no later than
May 15th, in districts where elections are to be held and
such ballots to be valid shall be returned postmarked no later
than May 31st of the year mailed, to the director in Olympia.
If only one person is nominated for a position on the
commission, the director shall determine whether the person
possesses the qualifications required by statute for the
position and, if the director determines that the person
possesses such qualifications, the director shall declare that
the person has been duly elected. [1995 c 374 § 59; 1967
c 240 § 30; 1965 ex.s. c 44 § 6.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Severability—1967 c 240: See note following RCW 43.23.010.
15.44.035 Producer lists—Each producer responsible for accuracy—Use of lists. (1) The commission shall
prior to each election, in sufficient time to satisfy the
requirements of RCW 15.44.033, furnish the director with a
list of all producers within the district for which the election
is being held. The commission shall require each dealer and
shipper in addition to the information required under RCW
15.44.110 to furnish the commission with a list of names of
producers whose milk they handle.
(2) Any producer may on his or her own motion file his
or her name with the commission for the purpose of receiving notice of election.
(3) It is the responsibility of each producer to ensure
that his or her correct address is filed with the commission.
(4) For all purposes of giving notice, holding referenda,
and electing members of the commission, the applicable list
of producers corrected up to the day preceding the date the
list is certified and mailed to the director is deemed to be the
[Title 15 RCW—page 65]
15.44.035
Title 15 RCW: Agriculture and Marketing
list of all producers or handlers, as applicable, entitled to
notice or to vote. The list shall be corrected and brought upto-date in accordance with evidence and information provided to the commission. [2002 c 313 § 90; 1965 ex.s. c 44 §
7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.038 Quorum—Compensation—Travel expenses. (1) A majority of the commission members shall
constitute a quorum for the transaction of all business and
the performance of all duties of the commission.
(2) Each member shall be compensated in accordance
with RCW 43.03.230. Each member or employee shall be
reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter as defined by the commission in rule. Otherwise, if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by
RCW 43.03.050 and 43.03.060. [2002 c 313 § 92; 1984 c
287 § 15; 1975-’76 2nd ex.s. c 34 § 15; 1975 1st ex.s. c 7
§ 12; 1961 c 11 § 15.44.038. Prior: 1959 c 163 § 8.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.44.040 Copies of records as evidence. Copies of
the proceedings, records and acts of the commission, when
certified by the secretary, shall be admissible in any court
and be prima facie evidence of the truth of the statements
therein contained. [1961 c 11 § 15.44.040. Prior: 1959 c
163 § 9; prior: 1939 c 219 § 4, part; RRS § 6266-4, part.]
15.44.050 Manager—Secretary-treasurer—
Treasurer’s bond. The commission shall elect a manager,
who is not a member, and fix his compensation; and shall
appoint a secretary-treasurer, who shall sign all vouchers and
receipts for all moneys received by the commission. The
treasurer shall file with the commission a fidelity bond in the
sum of one hundred thousand dollars, executed by a surety
company authorized to do business in the state, in favor of
the state and the commission, conditioned for the faithful
performance of his duties and strict accounting of all funds
to the commission. [1979 ex.s. c 238 § 3; 1961 c 11 §
15.44.050. Prior: (i) 1939 c 219 § 5; RRS § 6266-5. (ii)
1939 c 219 § 6; RRS § 6266-6.]
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.060 Powers and duties. The commission shall
have the power and duty to:
(1) Elect a chairman and such other officers as it deems
advisable, and adopt, rescind, and amend rules, regulations,
and orders for the exercise of its powers, which shall have
the effect of law when not inconsistent with existing laws;
(2) Administer and enforce the provisions of this chapter
and perform all acts and exercise all powers reasonably
necessary to effectuate the purpose hereof;
(3) Employ and discharge advertising counsel, advertising agents, and such attorneys, agents, and employees as it
deems necessary, and prescribe their duties and powers and
fix their compensation;
[Title 15 RCW—page 66]
(4) Establish offices, incur expenses, enter into contracts, and create such liabilities as are reasonable and proper
for the proper administration of this chapter;
(5) Investigate and prosecute violations of this chapter;
(6) Conduct scientific research designed to improve milk
production, quality, transportation, processing, and distribution and to develop and discover uses for products of milk
and its derivatives;
(7) Make in its name such contracts and other agreements as are necessary to build demand and promote the sale
of dairy products on either a state, national, or foreign basis;
(8) Keep accurate records of all its dealings, which shall
be open to public inspection and audit by the regular
agencies of the state;
(9) Conduct the necessary research to develop more
efficient and equitable methods of marketing dairy products,
and enter upon, singly or in participation with others, the
promotion and development of state, national, or foreign
markets;
(10) Participate in federal and state agency hearings,
meetings, and other proceedings relating to the regulation of
the production, manufacture, distribution, sale, or use of
dairy products, to provide educational meetings and seminars
for the dairy industry on such matters, and to expend
commission funds for such activities;
(11) Retain the services of private legal counsel to
conduct legal actions, on behalf of the commission. The
retention of a private attorney is subject to the review of the
office of the attorney general;
(12) Work cooperatively with other local, state, and
federal agencies, universities, and national organizations for
the purposes of this chapter;
(13) Accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes of this chapter;
(14) Engage in appropriate fund-raising activities for the
purpose of supporting activities of the commission authorized by this chapter;
(15) Expend funds for commodity-related education,
training, and leadership programs as the commission deems
appropriate; and
(16) Work cooperatively with nonprofit and other
organizations to carry out the purposes of this chapter.
[2002 c 313 § 93; 1999 c 300 § 1; 1979 ex.s. c 238 § 4;
1961 c 11 § 15.44.060. Prior: 1959 c 163 § 13; 1939 c 219
§ 8; RRS § 6266-8.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.063 Reimbursement for costs. (1) The
commission shall reimburse the director for necessary costs
for services conducted on behalf of the commission under
this chapter.
(2) The commission may enter into an agreement with
the director to administer this chapter or chapter 34.05 RCW.
[2002 c 313 § 91.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.065 Commission may establish foundations.
The commission may establish foundations using commission funds as grant money when the foundation benefits the
(2002 Ed.)
Dairy Products Commission
dairy products industry. Commission funds may only be
used for the purposes authorized in this chapter. [2002 c
313 § 100.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.070 Rules or orders to be filed and published—Rule-making exemptions. (1) Every rule or order
made by the commission shall be filed with the director and
published in two legal newspapers, one east and one west of
the Cascade mountains, within ten days after it is adopted,
and is effective as set forth under RCW 34.05.380.
(2) Rule-making proceedings conducted under this
chapter are exempt from compliance with RCW 34.05.310,
the provisions of chapter 19.85 RCW, the regulatory fairness
act, and the provisions of RCW 43.135.055 when adoption
of the rule is determined by a referendum vote of the
affected parties. [2002 c 313 § 94; 1975 1st ex.s. c 7 § 39;
1961 c 11 § 15.44.070. Prior: 1939 c 219 § 18; RRS §
6266-18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.080 Assessments on milk and cream—
Amounts—Increases—Producer referendum. (1) There
is hereby levied upon all milk produced in this state an
assessment of:
(a) 0.75 percent of class I price for 3.5 percent butter fat
milk as established in any market area by a market order in
effect in that area or by the state department of agriculture
in case there is no market order for that area; or
(b) While the federal dairy and tobacco adjustment act
of 1983, Title I, Subtitle B-dairy promotion program, is in
effect:
(i) An assessment rate not to exceed the rate approved
at the most recent referendum that would achieve a ten cent
per hundredweight credit to local, state, or regional promotion organizations provided by Title I, Subtitle B of the
federal dairy and tobacco adjustment act of 1983; and
(ii) An additional assessment of 0.625 of one cent per
hundredweight.
(2) Subject to approval by a producer referendum as
provided in this section, the commission shall have the
further power and duty to increase the amount of the
maximum authorized assessment rate to be levied upon
either milk or cream according to the necessities required to
effectuate the stated purpose of the commission.
In determining such necessities, the commission shall
consider one or more of the following:
(a) The necessities of:
(i) Developing better and more efficient methods of
marketing milk and related dairy products;
(ii) Aiding dairy producers in preventing economic
waste in the marketing of their commodities;
(iii) Developing and engaging in research for developing
better and more efficient production, marketing, and utilization of agricultural products;
(iv) Establishing orderly marketing of dairy products;
(v) Providing for uniform grading and proper preparation of dairy products for market;
(vi) Providing methods and means including but not
limited to public relations and promotion, for the maintenance of present markets, for development of new or larger
(2002 Ed.)
15.44.065
markets, both domestic and foreign, for dairy products
produced within this state, and for the prevention, modification, or elimination of trade barriers which obstruct the free
flow of such agricultural commodities to market;
(vii) Restoring and maintaining adequate purchasing
power for dairy producers of this state; and
(viii) Protecting the interest of consumers by assuring a
sufficient pure and wholesome supply of milk and cream of
good quality;
(b) The extent and probable cost of required research
and market promotion and advertising;
(c) The extent of public convenience, interest, and
necessity; and
(d) The probable revenue from the assessment as a
consequence of its being revised.
(3)(a) This section shall apply where milk or cream is
marketed either in bulk or package. However, this section
shall not apply to milk or cream used upon the farm or in
the household where produced.
(b) The increase in the maximum authorized assessment
rate to be charged producers on milk and cream provided for
in this section shall not become effective until approved by
fifty-one percent of the producers voting in a referendum
conducted by the commission.
The referendum for approval of any increase in the
maximum authorized assessment rate provided for in this
section shall be by secret mail ballot furnished to all producers paying assessments to the commission. The commission shall furnish ballots to producers at least ten days in
advance of the day it has set for concluding the referendum
and counting the ballots. Any interested producer may be
present at such time the commission counts the ballots.
[2002 c 313 § 95; 1985 c 261 § 18; 1973 1st ex.s. c 41 § 1;
1969 c 60 § 1; 1965 ex.s. c 44 § 1; 1961 c 11 § 15.44.080.
Prior: 1959 c 163 § 11; prior: 1949 c 185 § 1, part; 1939
c 219 § 9, part; Rem. Supp. 1949 § 6266-9, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.085 Assessments on class I or class II milk.
There is hereby levied on every hundredweight of class I or
class II milk, as defined in RCW 15.44.087, sold by a
dealer, including any milk sold by a producer who acts as a
dealer, an assessment of:
(1) Five-eighths of one cent per hundredweight. Such
assessment shall be in addition to the producer assessment
paid by any producer who also acts as a dealer.
(2) Any additional assessment, within the power and
duty of the commission to levy, such that the total assessment shall not exceed one cent per hundredweight, as
required to effectuate the purpose of this section.
Such assessment may be increased by approval of
dealers and producers who also act as dealers, subject to the
standards set forth in chapter 15.44 RCW for increasing or
decreasing assessments. The funds derived from such
assessment shall be used for educational programs and the
sum of such funds derived annually from said dealers and
producers who act as dealers shall be matched by assessments derived from producers for the purpose of funding the
educational purposes by an amount not less than the moneys
collected from dealers and producers who act as dealers.
[Title 15 RCW—page 67]
15.44.085
Title 15 RCW: Agriculture and Marketing
[2002 c 313 § 96; 1979 ex.s. c 238 § 5; 1975 1st ex.s. c 136
§ 5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.087 Class I and class II milk defined. For the
purpose of RCW 15.44.085, class I and class II milk sold
means milk from cows produced by a producer as defined in
RCW 15.44.010 and utilized as follows:
(1) Class I milk shall be all skim milk and butterfat:
(a) Sold in the form of fluid milk product subject to the
following limitations and exceptions:
(i) Any products fortified with added nonfat milk solids
shall be class I in an amount equal only to the weight of an
equal volume of like unmodified product of the same
butterfat content.
(ii) Fluid milk products in concentrated form shall be
class I in an amount equal to the skim milk and butterfat
used to produce the quantity of such products sold.
(iii) Products classified as class II pursuant to subsection
(2) of this section are excepted.
(b) Packaged fluid milk products in inventory at the end
of the month.
(2) Class II milk shall be all skim milk and butterfat:
(a) Used to produce ice cream, ice cream mix, frozen
desserts, aerated cream products, plastic cream, soured cream
dressing, yogurt, eggnog, cottage cheese, pot cheese, bakers
cheese, cream cheese, neufchatel cheese, or starter; or
(b) Any milk or milk product, sterilized and either (i)
packaged in hermetically sealed metal, plastic, foil, paper, or
glass containers and used to produce condensed milk and
condensed skim milk, or (ii) in fluid milk products disposed
of in bulk to commercial food processing establishments or
producer milk sold to a commercial food processing establishment. [1979 ex.s. c 238 § 6; 1975 1st ex.s. c 136 § 6.]
handled by him. The record shall be in such form and
contain such information as the commission shall prescribe,
and shall be preserved for a period of two years, and be submitted for inspection at any time upon request of the
commission or its agent. [1961 c 11 § 15.44.100. Prior:
1959 c 163 § 14; 1939 c 219 § 10; RRS § 6266-10.]
15.44.110 Reports of dealers and shippers to
commission—Subpoenas. (1) Each dealer and shipper shall
at such times as by rule required file with the commission a
return under oath on forms to be furnished by the commission, stating the quantity of dairy products handled, processed, manufactured, delivered, and shipped, and the
quantity of all milk and cream delivered to or purchased by
such person from the various producers of dairy products or
their agents in the state during the period or periods prescribed by the commission.
(2) The commission has the authority to issue subpoenas
for the production of books, records, documents, and other
writings of any kind and may issue subpoenas to witnesses
to give testimony. [2002 c 313 § 97; 1961 c 11 § 15.44.110.
Prior: 1959 c 163 § 15; 1939 c 219 § 11; RRS § 6266-11.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.130 Research, advertising, educational
campaign—Increase or decrease of assessments—
Procedure. (1) In order to adequately advertise and market
Washington dairy products in the domestic, national and
foreign markets, and to make such advertising and marketing
research and development as extensive as public interest and
necessity require, and to put into force and effect the policy
of this chapter 15.44 RCW, the commission shall provide for
and conduct a comprehensive and extensive research,
advertising and educational campaign, and keep such
research, advertising and education as continuous as the
production, sales, and market conditions reasonably require.
(2) The commission shall investigate and ascertain the
needs of dairy products and producers, the conditions of the
markets, and the extent to which public convenience and
necessity require advertising and research to be conducted.
(3)(a) The commission may decrease or increase the
current level of assessment provided for in RCW 15.44.080
following a hearing conducted in accordance with the
Administrative Procedure Act, chapter 34.05 RCW: PROVIDED, That the current level of assessment established in
this manner shall not exceed the maximum authorized assessment rate established by producers in the most recent
referendum.
(b) Upon receipt of a petition bearing the names of
twenty percent of the producers requesting a reduction in the
current level of assessment, the commission shall hold a
hearing in accordance with chapter 34.05 RCW to receive
producer testimony. After considering the testimony of the
producer, the commission may adjust the current level of
assessment. [1985 c 261 § 19; 1969 c 60 § 2; 1961 c 11 §
15.44.130. Prior: 1959 c 163 § 17; 1949 c 185 § 2; 1939
c 219 § 13; Rem. Supp. 1949 § 6266-13.]
15.44.100 Records of dealers, shippers—
Preservation—Inspection. Each dealer or shipper shall
keep a complete and accurate record of all milk or cream
15.44.133 Promotional hosting expenditures—Rules.
The commission is authorized to adopt rules governing
promotional hosting expenditures by commission employees,
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
15.44.090 Collection of assessments—Lien. All
assessments shall be collected by the first dealer and
deducted from the amount due the producer, and all moneys
so collected shall be paid to the treasurer of the commission
on or before the twentieth day of the succeeding month for
the previous month’s collections, and deposited by him in
banks designated by the commission to the credit of the
commission fund. If a dealer or a producer who acts as a
dealer fails to remit any assessments, or fails to make
deductions for assessments, such sum shall, in addition to
penalties provided in this chapter, be a lien on any property
owned by him, and shall be reported to the county auditor by
the commission, supported by proper and conclusive evidence, and collected in the manner and with the same
priority over other creditors as prescribed for the collection
of delinquent taxes. [1979 ex.s. c 238 § 7; 1975 1st ex.s. c
136 § 4; 1961 c 11 § 15.44.090. Prior: 1959 c 163 § 12;
prior: 1949 c 185 § 1, part; 1939 c 219 § 9, part; Rem.
Supp. 1949 § 6266-9, part.]
[Title 15 RCW—page 68]
(2002 Ed.)
Dairy Products Commission
agents, or board members under RCW 15.04.200. [2002 c
313 § 99.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.135 Promotional printing and literature—
Contracts. Promotional printing and literature not restricted
by laws relating to public printer, see RCW 15.24.085.
Conditions of employment, etc., in contracts, see RCW
15.24.086.
15.44.140 Authority to inspect premises and
records—Subpoenas. (1) The commission through its
agents may inspect the premises and records of any carrier,
handler, dealer, manufacturer, processor, or distributor of
dairy products for the purpose of enforcing this chapter.
(2) The commission has the authority to issue subpoenas
for the production of books, records, documents, and other
writings of any kind for any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the
purpose of enforcing this chapter. [2002 c 313 § 98; 1961
c 11 § 15.44.140. Prior: 1939 c 219 § 19; RRS § 6266-19.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.150 Action against commission enforced as if
a corporation—Liability—Limitations. Any action by the
commission administrator, member, employee, or agent
thereof pertaining to the performance or nonperformance or
misperformance of any matters or things authorized, required, or permitted by this chapter, and any other liabilities,
debts, or claims against the commission shall be enforced in
the same manner as if the commission were a corporation.
Liability for the debts or actions of the commission’s
administrator, member, employee, or agent incurred in their
official capacity under this chapter does not exist either
against the administrator, members, employees, and agents
in their individual capacity or the state of Washington. The
administrator, its members, and its agents and employees are
not responsible individually in any way whatsoever to any
person for errors in judgment, mistakes, or other acts, either
of commission or omission, as principal, agent, person, or
employee, except for their own individual acts of dishonesty
or crime.
All persons employed or contracting under this chapter
shall be limited to, and all salaries, expenses, and liabilities
incurred by the commission shall be payable only from the
funds collected under this chapter. [2002 c 313 § 102; 1961
c 11 § 15.44.150. Prior: 1939 c 219 § 7; RRS § 6266-7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.160 Enforcement of chapter. All state and
county law enforcement officers and all employees and
agents of the department shall enforce this chapter. [1961 c
11 § 15.44.160. Prior: 1939 c 219 § 16; RRS § 6266-16.]
15.44.170 Penalty. Whoever violates or aids in the
violation of the provisions of this chapter shall be guilty of
a gross misdemeanor. [1961 c 11 § 15.44.170. Prior: 1939
c 219 § 14; RRS § 6266-14.]
(2002 Ed.)
15.44.133
15.44.180 Jurisdiction of courts. The superior courts
are hereby vested with jurisdiction to enforce this chapter
and to prevent and restrain violations thereof. [1961 c 11 §
15.44.180. Prior: 1939 c 219 § 15; RRS § 6266-15.]
15.44.185 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Under RCW 42.17.31907, certain agricultural
business records, commission records, and department of
agriculture records relating to the commission and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the
statements do not identify the information furnished by any
person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement of the manner of the violation by that person. [2002
c 313 § 69.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.190 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards and commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 75.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.44.910. Prior: 1939 c
219 § 17, part; RRS § 6266-17, part.]
Chapter 15.48
SEED BAILMENT CONTRACTS
Sections
15.48.270
15.48.280
Definitions.
Security interest not created by contract—Filing, recording
or notice of contract not required to establish validity of
contract or title in bailor.
15.48.290 Payments required to be made by bailor to bailee subject to
security interests and agricultural liens.
Agricultural and vegetable seeds: Chapter 15.49 RCW.
Liens, crop: Chapter 60.11 RCW.
15.48.270 Definitions. As used in this chapter:
(1) "Seed bailment contract" means any bailment
contract for the increase of agricultural seeds where the
[Title 15 RCW—page 69]
15.48.270
Title 15 RCW: Agriculture and Marketing
bailor retains title to seed, seed stock, plant life and the seed
crop resulting therefrom.
(2) "Bailee" is any tenant farmer or landowner or both,
who, for an agreed compensation agrees to plant agricultural
seeds furnished by the bailor and to care for, cultivate,
harvest and deliver to the bailor the seed resulting therefrom.
(3) "Bailor" is any seed contractor who delivers agricultural seed to a bailee under the terms of a seed bailment
contract which requires the bailee to plant, care for, cultivate, harvest and deliver the resultant seed crop to the bailor
and requires the bailor to pay the bailee the amount of compensation agreed upon in the contract for the bailees’
services in producing the seed. [1967 c 114 § 14.]
Emergency—Effective date—1967 c 114: See note following RCW
62A.4-406.
15.48.280 Security interest not created by contract—Filing, recording or notice of contract not required to establish validity of contract or title in bailor.
Seed bailment contracts for the increase of agricultural seeds
shall not create a security interest under the terms of the
Uniform Commercial Code, *chapter 62A.9 RCW. No filing, recording or notice of a seed bailment contract shall be
required under any of the laws of the state to establish,
during the term of a seed bailment contract the validity of
any such contracts, nor to establish and confirm in the bailor
the title to all seed, seed stock, plant life and the resulting
seed crop thereof grown or produced by the bailee under the
terms of a bailment contract. [1967 c 114 § 15.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
Emergency—Effective date—1967 c 114: See note following RCW
62A.4-406.
15.48.290 Payments required to be made by bailor
to bailee subject to security interests and agricultural
liens. All payments of money required by the terms of a
seed bailment contract to be made by a bailor to a bailee
shall be subject to security interests perfected as required by
*chapter 62A.9 RCW, as amended, and all agricultural liens
provided for and perfected in accordance with Title 60
RCW. [1967 c 114 § 16.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
Emergency—Effective date—1967 c 114: See note following RCW
62A.4-406.
Chapter 15.49
SEEDS
(Formerly: Washington state seed act)
Sections
15.49.005
15.49.011
15.49.021
15.49.031
15.49.041
15.49.051
15.49.061
15.49.071
15.49.081
Purpose—Rules.
Definitions.
Standards and label requirements—Rules.
Labels—Required information.
Violations—Civil penalty.
Unlawful practices.
Exceptions.
Damages—Arbitration prerequisite to legal action.
Arbitration—Filing fee—Rules.
[Title 15 RCW—page 70]
15.49.091
15.49.101
15.49.111
15.49.310
15.49.330
15.49.350
15.49.360
15.49.370
15.49.380
15.49.390
15.49.400
15.49.410
15.49.420
15.49.460
15.49.470
15.49.480
15.49.900
15.49.920
15.49.930
15.49.940
15.49.950
Arbitration—Procedure.
Investigation of complaint by arbitration committee.
Arbitration committee—Creation—Generally.
Department to administer chapter—Rules and regulations—
Guidance of federal seed act.
Screenings—Removal required—Disposition.
Permit to condition certified seed.
Records—Maintenance—Availability of records and samples
for inspection.
Department’s enforcement authority.
Dealer’s license to distribute seeds.
Renewal of dealer’s license.
Seed labeling permit.
"Stop sale, use or removal orders"—Seizure—
Condemnation.
Damages precluded.
Injunctions.
Moneys, disposition—Fees, fines, penalties and forfeitures
of district courts, remittance.
Cooperation and agreements with other agencies.
Existing liabilities not affected.
Effective date—1969 c 63.
Continuation of rules adopted pursuant to repealed sections—Adoption, amendment or repeal.
Short title.
Severability—1969 c 63.
15.49.005 Purpose—Rules. The purpose of this
chapter is to provide uniformity and consistency in the
packaging of agricultural, vegetable, and flower seeds so as
to facilitate the interstate movement of seed, to protect
consumers, and to provide a dispute-resolution process. The
department of agriculture is hereby authorized to adopt rules
in accordance with chapter 34.05 RCW to implement this
chapter. To the extent possible, the department shall seek to
incorporate into the rules provisions from the recommended
uniform state seed law in order to attain consistency with
other states. [1989 c 354 § 70.]
Effective date—1989 c 354 §§ 70-81 and 84-86: "Sections 70
through 81 and 84 through 86 of this act shall take effect January 1, 1990."
[1989 c 354 § 88.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(l) "Advertisement" means all representations, other than
those on the label, disseminated in any manner or by any
means, relating to seed within the scope of this chapter.
(2) "Agricultural seed" includes grass, forage, cereal, oil,
fiber, and other kinds of crop seeds commonly recognized
within this state as agricultural seeds, lawn seeds, and
combinations of such seeds, and may include common and
restricted noxious weed seeds but not prohibited noxious
weed seeds.
(3) "Blend" means seed consisting of more than one
variety of a kind, each in excess of five percent by weight
of the whole.
(4) "Bulk seed" means seed distributed in a nonpackage
form.
(5) "Certifying agency" means (a) an agency authorized
under the laws of any state, territory, or possession to certify
seed officially and which has standards and procedures
approved by the United States secretary of agriculture to
assure the genetic purity and identity of the seed certified; or
(b) an agency of a foreign country determined by the United
(2002 Ed.)
Seeds
States secretary of agriculture to adhere to procedures and
standards for seed certification comparable to those adhered
to generally by seed-certifying agencies under (a) of this
subsection.
(6) "Conditioning" means drying, cleaning, scarifying,
and other operations that could change the purity or germination of the seed and require the seed lot to be retested to
determine the label information.
(7) "Dealer" means any person who distributes.
(8) "Department" means the department of agriculture
of the state of Washington or its duly authorized representative.
(9) "Director" means the director of the department of
agriculture.
(10) "Distribute" means to import, consign, offer for
sale, hold for sale, sell, barter, or otherwise supply seed in
this state.
(11) "Flower seeds" includes seeds of herbaceous plants
grown from their blooms, ornamental foliage, or other
ornamental parts, and commonly known and sold under the
name of flower seeds in this state.
(12) The terms "foundation seed," "registered seed," and
"certified seed" mean seed that has been produced and
labeled in compliance with the regulations of the department.
(13) "Germination" means the emergence and development from the seed embryo of those essential structures
which, for the kind of seed in question, are indicative of the
ability to produce a normal plant under favorable conditions.
(14) "Hard seeds" means seeds that remain hard at the
end of the prescribed test period because they have not
absorbed water due to an impermeable seed coat.
(15) "Hybrid" means the first generation seed of a cross
produced by controlling the pollination and by combining (a)
two or more inbred lines; (b) one inbred or a single cross
with an open pollinated variety; or (c) two varieties or species, except open-pollinated varieties of corn (Zea mays).
The second generation or subsequent generations from such
crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.
(16) "Inert matter" means all matter not seed, that
includes broken seeds, sterile florets, chaff, fungus bodies,
and stones as determined by methods defined by rule.
(17) "Kind" means one or more related species or
subspecies that singly or collectively is known by one
common name, for example, corn, oats, alfalfa, and timothy.
(18) "Label" includes a tag or other device attached to
or written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the
information required on the seed label by this chapter, and
it may include any other information relating to the labeled
seed.
(19) "Lot" means a definite quantity of seed identified
by a lot number or other mark, every portion or bag of
which is uniform within recognized tolerances for the factors
that appear in the labeling.
(20) "Lot number" shall identify the producer or dealer
and year of production or the year distributed for each lot of
seed. This requirement may be satisfied by use of a
conditioner’s or dealer’s code.
(21) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
(2002 Ed.)
15.49.011
renewed using a master application and a master license
expiration date common to each renewable license endorsement.
(22) "Mixture," "mix," or "mixed" means seed consisting of more than one kind, each in excess of five percent by
weight of the whole.
(23) "Official sample" means any sample of seed taken
and designated as official by the department.
(24) "Other crop seed" means seed of plants grown as
crops, other than the kind or variety included in the pure
seed, as determined by methods defined by rule.
(25) "Prohibited (primary) noxious weed seeds" are the
seeds of weeds which when established are highly destructive, competitive, and/or difficult to control by cultural or
chemical practices.
(26) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent.
(27) "Pure live seed" means the product of the percent
of germination plus hard or dormant seed multiplied by the
percent of pure seed divided by one hundred. The result is
expressed as a whole number.
(28) "Pure seed" means seed exclusive of inert matter
and all other seeds not of the seed being considered as
determined by methods defined by rule.
(29) "Restricted (secondary) noxious weed seeds" are
the seeds of weeds which are objectionable in fields, lawns,
and gardens of this state, but which can be controlled by
cultural or chemical practices.
(30) "Retail" means to distribute to the ultimate consumer.
(31) "Screenings" mean chaff, seed, weed seed, inert
matter, and other materials removed from seed in cleaning
or conditioning.
(32) "Seed labeling registrant" means a person who has
obtained a permit to label seed for distribution in this state.
(33) "Seeds" mean agricultural or vegetable seeds or
other seeds as determined by rules adopted by the department.
(34) "Stop sale, use, or removal order" means an
administrative order restraining the sale, use, disposition, and
movement of a specific amount of seed.
(35) "Treated" means that the seed has received an
application of a substance, or that it has been subjected to a
process for which a claim is made.
(36) "Type" means a group of varieties so nearly similar
that the individual varieties cannot be clearly differentiated
except under special conditions.
(37) "Variety" means a subdivision of a kind that is
distinct, uniform, and stable; "distinct" in the sense that the
variety can be differentiated by one or more identifiable
morphological, physiological, or other characteristics from all
other varieties of public knowledge; "uniform" in the sense
that variations in essential and distinctive characteristics are
describable; and "stable" in the sense that the variety will
remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as
required by the different categories of varieties.
(38) "Vegetable seeds" includes the seeds of those crops
that are grown in gardens and on truck farms and are
generally known and sold under the name of vegetable or
herb seeds in this state.
[Title 15 RCW—page 71]
15.49.011
Title 15 RCW: Agriculture and Marketing
(39) "Weed seeds" include the seeds of all plants
generally recognized as weeds within this state, and includes
the seeds of prohibited and restricted noxious weeds as
determined by regulations adopted by the department.
(40) "Inoculant" means a commercial preparation
containing nitrogen fixing bacteria applied to the seed.
(41) "Coated seed" means seed that has been treated and
has received an application of inert material during the
treatment process. [1989 c 354 § 73.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.021 Standards and label requirements—
Rules. (1) The department shall establish by rule standards
and label requirements for the following seed types:
Agricultural seed (including grass, lawn, and turf seed),
flower seed, and vegetable seed.
(2) The standards and label requirements shall be
divided into the following categories:
(a) Percentage of kind and variety of each seed component present; and
(b) Percentage of weed seed (restricted and common).
(3) The standards and label requirements developed by
the department shall at a minimum include:
(a) Amount of inert material;
(b) Specifics and warning for treated seed;
(c) Specifics for coated seed;
(d) Specifics and duration for inoculated seed;
(e) Specifics for seed which is below standard;
(f) Specifics for seed contained in containers, mats,
tapes, or other planting devices;
(g) Specifics for seed sold in bulk;
(h) Specifics for hybrid seed; and
(i) Specifics for seed mixtures. [1989 c 354 § 71.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.031 Labels—Required information. In
addition to the requirements contained in RCW 15.49.021,
each seed label shall contain the following:
(1) The name and address of the person who labeled the
seed and who sells, offers, or exposes the seed for sale
within the state;
(2) Lot number identification;
(3) Seed origin;
(4) Germination rate and date of germination test or the
year for which the seed was packaged for sale. [1989 c 354
§ 72.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.041 Violations—Civil penalty. Every person
who fails to comply with this chapter or the rules adopted
under it may be subjected to a civil penalty, as determined
by the director, in an amount of not more than two thousand
dollars for every such violation. Each and every such violation shall be a separate and distinct offense. [1989 c 354 §
74.]
[Title 15 RCW—page 72]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.051 Unlawful practices. (1) It is unlawful for
any person to sell, offer for sale, expose for sale, or transport
for sale any agricultural, vegetable, or flower seeds within
this state unless the test to determine the percentage of
germination is completed within a fifteen-month period prior
to sale, provided that germination tests for seed packaged in
hermetically sealed containers shall be completed within
thirty-six months prior to sale. The department shall
establish rules for allowing retesting.
(2) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural,
vegetable, or flower seed within this state not labeled in
accordance with this chapter or having false or misleading
labeling or for which there has been false or misleading
advertisement.
(3) It is unlawful to represent seed to be certified unless
it has been determined by a seed-certifying agency that such
seed conformed to standards of purity and identity or variety
in compliance with the rules adopted under this chapter.
(4) It is unlawful to attach any tags of similar size and
format to the official certification tag that could be mistaken
for the official certification tag.
(5) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural,
vegetable, or flower seed within this state labeled with a
variety name but not certified by an official seed-certifying
agency when it is a variety for which a United States certification of plant variety protection under the plant variety
protection act (7 U.S.C. Sec. 2321 et seq.) specifies sale only
as a class of certified seed: PROVIDED, That seed from a
certified lot may be labeled as to variety name when used in
a mixture by, or with the approval of, the owner of the variety.
(6) It is unlawful for any person within this state:
(a) To detach, alter, deface, or destroy any label
required by this chapter or its implementing rules or to alter
or substitute seed in a manner that may defeat the purpose
of this chapter;
(b) To disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner
or by any means;
(c) To hinder or obstruct in any way, any authorized
person in the performance of his or her duties under this
chapter;
(d) To fail to comply with a "stop sale" order or to
move or otherwise handle or dispose of any lot of seed held
under a "stop sale" order or tags attached thereto, except
with express permission of the enforcing officer, and for the
purpose specified thereby;
(e) To use the word "trace" as a substitute for any
statement that is required; and
(f) To use the word "type" in any labeling in connection
with the name of any agricultural seed variety.
(7) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural,
vegetable, or flower seed within this state that consists of or
contains: (a) Prohibited noxious weed seeds; or (b) restrict(2002 Ed.)
Seeds
ed noxious weed seeds in excess of the number declared on
the label. [1989 c 354 § 75.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.061 Exceptions. (1) The provisions of RCW
15.49.011 through 15.49.051 do not apply:
(a) To seed or grain not intended for sowing purposes;
(b) To seed in storage by, or being transported or
consigned to a conditioning establishment for conditioning
if the invoice or labeling accompanying the shipment of such
seed bears the statement "seeds for conditioning" and if any
labeling or other representation that may be made with
respect to the unconditioned seed is subject to this chapter;
(c) To any carrier with respect to any seed transported
or delivered for transportation in the ordinary course of its
business as a carrier if the carrier is not engaged in producing, conditioning, or marketing seeds subject to this chapter;
or
(d) Seed stored or transported by the grower of the seed.
(2) No person may be subject to the penalties of this
chapter for having sold or offered for sale seeds subject to
this chapter that were incorrectly labeled or represented as to
kind, species, variety, or type, which seeds cannot be
identified by examination thereof, unless he or she has failed
to obtain an invoice, genuine grower’s declaration, or other
labeling information and to take such other precautions as
may be reasonable to ensure the identity to be that stated.
A genuine grower’s declaration of variety shall affirm that
the grower holds records of proof concerning parent seed,
such as invoice and labels. [1989 c 354 § 76.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.071 Damages—Arbitration prerequisite to
legal action. (1) When a buyer is damaged by the failure of
any seed covered by this chapter to produce or perform as
represented by the required label, by warranty, or as a result
of negligence, the buyer, as a prerequisite to maintaining a
legal action against the dealer of such seed, shall have first
provided for the arbitration of the claim. Any statutory
period of limitations with respect to such claim shall be
tolled from the date arbitration proceedings are instituted
until ten days after the date on which the arbitration award
becomes final.
(2) Similarly, no such claim may be asserted as a
counterclaim or defense in any action brought by a dealer
against a buyer until the buyer has first provided for arbitration of the claim. Upon the buyer’s filing of a written
notice of intention to assert such a claim as a counterclaim
or defense in the action accompanied by a copy of the
buyer’s complaint in arbitration filed as provided in this
chapter, the action shall be stayed, and any applicable statute
of limitations shall be tolled with respect to such claim from
the date arbitration proceedings are instituted until ten days
after the arbitration award becomes final.
(3) Conspicuous language calling attention to the
requirement for arbitration under this section shall be
(2002 Ed.)
15.49.051
referenced or included on the analysis label required under
RCW 15.49.011 through 15.49.101.
(4) If the parties agree to submit the claim to arbitration
and to be bound by the arbitration award, then the arbitration
shall be subject to chapter 7.04 RCW, and RCW 15.49.081
through 15.49.111 will not apply to the arbitration. If the
parties do not so agree, then the buyer may provide for
mandatory arbitration by the arbitration committee under
RCW 15.49.081 through 15.49.111. An award rendered in
such mandatory arbitration shall not be binding upon the
parties and any trial on any claim so arbitrated shall be de
novo.
(5) This section applies only to claims, or counterclaims,
where the relief sought is, or includes, a monetary amount in
excess of two thousand dollars. All claims for two thousand
dollars or less shall be commenced in either district court or
small claims court. [1989 c 354 § 77.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.081 Arbitration—Filing fee—Rules. The
director shall adopt rules, in conformance with chapter 34.05
RCW, providing for mandatory arbitration under this chapter
and governing the proceedings of the arbitration committee.
The decisions and proceedings of the arbitration committee
shall not be subject to chapter 34.05 RCW. The department
shall establish by rule a filing fee to cover the administrative
costs of processing a complaint and submitting it to the
arbitration committee. [1989 c 354 § 78.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.091 Arbitration—Procedure. (1) To submit a
claim to mandatory arbitration, the buyer shall make and file
with the department a sworn complaint against the dealer
alleging the damages sustained. The buyer shall send a copy
of the complaint to the dealer by United States registered
mail. The filing fee shall be submitted to the department
with each complaint filed and may be recovered from the
dealer or other seller upon recommendations of the arbitration committee.
(2) Within twenty days after receipt of a copy of the
complaint, the dealer shall file with the department, by
United States registered mail, the answer to the complaint.
Failure of a dealer to file a timely answer to the complaint
shall be so documented for the record.
(3) The director shall, upon receipt of the answer, refer
the complaint and answer to the arbitration committee for
investigation, findings, and recommendations.
(4) Any dealer may request an investigation by the
arbitration committee for any dispute involving seed which
may not otherwise be before the arbitration committee.
[1989 c 354 § 79.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.101 Investigation of complaint by arbitration
committee. (1) Upon referral of a complaint for investiga[Title 15 RCW—page 73]
15.49.101
Title 15 RCW: Agriculture and Marketing
tion, the arbitration committee shall make a prompt and full
investigation of the matters complained of and report its
award to the director within sixty days of such referral or
such later date as parties may determine or as may be
required in subsection (3) of this section.
(2) The report of the arbitration committee shall include,
in addition to its award, recommendations as to costs, if any.
(3) In the course of its investigation, the arbitration
committee may examine the buyer and the dealer on all
matters that the arbitration committee may consider relevant;
may grow a representative sample of the seed referred to in
the complaint if considered necessary; and may hold informal hearings at such time and place as the committee
chairman may direct upon reasonable notice to all parties.
If the committee decides to grow a representative sample of
the seed, the sixty-day period identified in this section shall
be extended an additional thirty days.
(4) After the committee has made its award, the director
shall promptly transmit the report by certified mail to all
parties. [1989 c 354 § 80.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.111 Arbitration committee—Creation—
Generally. (1) The director shall create an arbitration
committee composed of five members, including the director,
or a department employee designated by the director, and
four members appointed by the director. The director shall
make appointments so that the committee is balanced and
does not favor the interests of either buyers or dealers. The
director also shall appoint four alternates to the committee.
In making appointments the director, to the extent practical,
shall seek the recommendations of each of the following:
(a) The dean of the college of agriculture and home
economics at Washington State University;
(b) The chief officer of an organization in this state
representing the interests of seed dealers;
(c) The chief officer of an agriculture organization in
this state as the director may determine to be appropriate;
and
(d) The president of an agricultural organization in this
state representing persons who purchase seed.
(2) Each alternate member shall serve only in the
absence of the member for whom the person is an alternate.
(3) The committee shall elect a chairman and a secretary
from its membership. The chairman shall conduct meetings
and deliberations of the committee and direct all of its other
activities. The secretary shall keep accurate records of all
such meetings and deliberations and perform such other
duties for the commission as the chairman may direct.
(4) The purpose of the committee is to conduct arbitration as provided in this chapter. The committee may be
called into session by or at the direction of the director or
upon direction of its chairman to consider matters referred to
it by the director in accordance with this chapter.
(5) The members of the committee shall receive no
compensation for performing their duties but shall be
reimbursed for travel expenses; expense reimbursement shall
be borne equally by the parties to the arbitration.
[Title 15 RCW—page 74]
(6) For purposes of this chapter, a quorum of four
members or their alternates is necessary to conduct an
arbitration investigation or to make an award. If a quorum
is present, a simple majority of members present shall be
sufficient to make a decision. Any member disagreeing with
the award may prepare a dissenting opinion and such opinion
also will be included in the committee’s report.
(7) The director shall make provisions for staff support,
including legal advice, as the committee finds necessary.
[1989 c 354 § 81.]
Effective date—1989 c 354 §§ 70-81 and 84-86: See note following
RCW 15.49.005.
Severability—1989 c 354: See note following RCW 15.36.012.
15.49.310 Department to administer chapter—Rules
and regulations—Guidance of federal seed act. The
department shall administer, enforce, and carry out the
provisions of this chapter and may adopt regulations necessary to carry out its purpose. The adoption of regulations
shall be subject to a public hearing and all other applicable
provisions of chapter 34.05 RCW (Administrative Procedure
Act), as enacted and hereafter amended.
The department when adopting regulations in respect to
the seed industry shall consult with affected parties, such as
growers, conditioners, and distributors of seed. Any final
regulation adopted shall be based upon the requirements and
conditions of the industry and shall be for the purpose of
promoting the well-being of the purchasers and users of seed
as well as the members of the seed industry.
When seed labeling, terms, methods of sampling and
analysis, and tolerances are not specifically stated in this
chapter or otherwise designated by the department, the
department shall, in order to promote uniformity, be guided
by officially recognized associations, or regulations under
The Federal Seed Act. [1981 c 297 § 9; 1969 c 63 § 31.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.49.330 Screenings—Removal required—
Disposition. (1) All screenings, removed in the cleaning or
conditioning of seeds, which contain prohibited or restricted
noxious weed seeds shall be removed from the seed conditioning plant only under conditions that will prevent weed
seeds from being dispersed into the environment.
(2) The director may by regulation adopt requirements
for moving, conditioning, and/or disposing of screenings.
[1981 c 297 § 11; 1979 c 154 § 1; 1969 c 63 § 33.]
Severability—1981 c 297: See note following RCW 15.36.201.
Severability—1979 c 154: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 154 § 27.]
15.49.350 Permit to condition certified seed. Upon
application for a permit to condition certified seed, the
department shall inspect the seed conditioning facilities of
the applicant to determine that genetic purity and identity of
seed conditioned can be maintained. Upon approval, the
department shall issue a seed conditioning permit, for each
regular place of business, which shall be conspicuously
displayed in the office of such business. The permit shall
remain in effect as long as the facilities comply with the
(2002 Ed.)
Seeds
department’s requirements for such permit. [1981 c 297 §
13; 1969 c 63 § 35.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.49.360 Records—Maintenance—Availability of
records and samples for inspection. The seed labeling
registrant whose name appears on the label shall:
(1) Keep, for a period of two years after the date of
final disposition, complete records of each lot of seed
distributed: PROVIDED, That the file sample of each lot of
seed distributed need be kept for only one year.
(2) Make available, during regular working hours, such
records and samples for inspection by the department. [1969
c 63 § 36.]
15.49.370 Department’s enforcement authority. The
department shall have the authority to:
(1) Sample, inspect, make analysis of, and test seeds
distributed within this state at such time and place and to
such extent as it may deem necessary to determine whether
such seeds are in compliance with the provisions of this
chapter. The methods of sampling and analysis shall be
those adopted by the department from officially recognized
sources. The department, in determining for administrative
purposes whether seeds are in violation of this chapter, shall
be guided by records, and by the official sample obtained
and analyzed as provided for in this section. Analysis of an
official sample, by the department, shall be accepted as
prima facie evidence by any court of competent jurisdiction.
(2) Enter any dealer’s or seed labeling registrant’s
premises at all reasonable times in order to have access to
seeds and to records. This includes the determination of the
weight of packages and bulk shipments.
(3) Adopt and enforce regulations for certifying seeds,
and shall fix and collect fees for such service. The director
of the department may appoint persons as agents for the
purpose of assisting in the certification of seeds.
(4) Adopt and enforce regulations for inspecting,
grading, and certifying growing crops of seeds; inspect,
grade, and issue certificates upon request; and fix and collect
fees for such services.
(5) Make purity, germination and other tests of seed on
request, and fix and collect charges for the tests made.
(6) Establish and maintain seed testing facilities, employ
qualified persons, establish by rule special assessments as
needed, and incur such expenses as may be necessary to
carry out the provisions of this chapter.
(7) Adopt a list of the prohibited and restricted noxious
weed seeds.
(8) Publish reports of official seed inspections, seed
certifications, laboratory statistics, verified violations of this
chapter, and other seed branch activities which do not reveal
confidential information regarding individual company
operations or production.
(9) Deny, suspend, or revoke licenses, permits and
certificates provided for in this chapter subsequent to a
hearing, subject to the provisions of chapter 34.05 RCW
(Administrative Procedure Act) as enacted or hereafter
amended, in any case in which the department finds that
there has been a failure or refusal to comply with the pro(2002 Ed.)
15.49.350
visions of this chapter or regulations adopted hereunder.
[1981 c 297 § 14; 1969 c 63 § 37.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.49.380 Dealer’s license to distribute seeds. (1)
No person shall distribute seeds without having obtained a
dealer’s license for each regular place of business: PROVIDED, That no license shall be required of a person who
distributes seeds only in sealed packages of eight ounces or
less, packed by a seed labeling registrant and bearing the
name and address of the registrant: PROVIDED FURTHER,
That a license shall not be required of any grower selling
seeds of his own production exclusively. Such seed sold by
such grower must be properly labeled as provided in this
chapter. Each dealer’s license shall cost twenty-five dollars,
shall be issued through the master license system, shall bear
the date of issue, shall expire on the master license expiration date and shall be prominently displayed in each place of
business.
(2) Persons custom conditioning and/or custom treating
seeds for others for remuneration shall be considered dealers
for the purpose of this chapter.
(3) Application for a license to distribute seed shall be
through the master license system and shall include the name
and address of the person applying for the license, the name
of a person domiciled in this state authorized to receive and
accept service or legal notices of all kinds, and any other
reasonable and practical information prescribed by the
department necessary to carry out the purposes and provisions of this chapter. [1982 c 182 § 24; 1981 c 297 § 15;
1969 c 63 § 38.]
Severability—1982 c 182: See RCW 19.02.901.
Severability—1981 c 297: See note following RCW 15.36.201.
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: RCW 15.49.035.
to include additional licenses: RCW 19.02.110.
15.49.390 Renewal of dealer’s license. If an application for renewal of the dealer’s license provided for in RCW
15.49.380, is not filed prior to the master license expiration
date, the master license delinquency fee shall be assessed
under chapter 19.02 RCW and shall be paid by the applicant
before the renewal license shall be issued. [1982 c 182 §
25; 1969 c 63 § 39.]
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
15.49.400 Seed labeling permit. (1) No person shall
label seed for distribution in this state without having
obtained a seed labeling permit. The seed labeling registrant
shall be responsible for the label and the seed contents. The
application for a seed labeling permit shall be submitted to
the department on forms furnished by the department, and
shall be accompanied by a fee of twenty dollars per applicant. The application form shall include the name and
address of the applicant, a label or label facsimile, and any
other reasonable and practical information prescribed by the
[Title 15 RCW—page 75]
15.49.400
Title 15 RCW: Agriculture and Marketing
department. Upon approval, the department shall issue said
permit to the applicant. All permits expire on January 31st
of each year.
(2) If an application for renewal of the seed labeling
permit provided for in this section is not filed prior to
February 1st of any one year, an additional fee of ten dollars
shall be assessed and added to the original fee and shall be
paid by the applicant before the license shall be issued:
PROVIDED, That such additional fee shall not apply if the
applicant furnishes an affidavit that he has not labeled seed
for distribution in this state subsequent to the expiration of
his prior permit. [1969 c 63 § 40.]
15.49.410 "Stop sale, use or removal orders"—
Seizure—Condemnation. (1) When the department has
determined or has probable cause to suspect that any lot of
seed or screenings is mislabeled and/or is being distributed
in violation of this chapter or regulations adopted hereunder,
it may issue and enforce a written or printed "stop sale, use
or removal order" warning the distributor not to dispose of
the lot of seed or screenings in any manner until written
permission is given by the department or a court of competent jurisdiction. The department shall release the lot of seed
or screenings so withdrawn when said provisions and
regulations have been complied with. If compliance is not
obtained, the department may bring proceedings for condemnation.
(2) Any lot of seed or screenings not in compliance with
the provisions of this chapter shall be subject to seizure on
complaint of the department to a court of competent jurisdiction in the locality in which the seed or screenings are
located. In the event the court finds the seed or screenings
to be in violation of this chapter and orders the condemnation of said seed or screenings, such lot of seed or
screenings shall be denatured, conditioned, destroyed,
relabeled, or otherwise disposed of in compliance with the
laws of this state: PROVIDED, That in no instance shall the
court order such disposition of said seed or screenings
without first having given the claimant an opportunity to
apply to the court, within twenty days, for the release of said
seed or screenings or for permission to condition or relabel
it to bring it into compliance with this chapter. [1981 c 297
§ 16; 1969 c 63 § 41.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.49.420 Damages precluded. No state court shall
allow the recovery of damages from administrative action
taken or for stop sales or seizures under RCW 15.49.410 if
the court finds that there was probable cause for such action.
[1969 c 63 § 42.]
15.49.460 Injunctions. The department is hereby
authorized to apply for, and the court authorized to grant, a
temporary or permanent injunction restraining any person
from violating or continuing to violate any of the provisions
of this chapter or any regulations promulgated under this
chapter, notwithstanding the existence of any other remedy
at law. Any such injunction shall be issued without bond.
[1969 c 63 § 46.]
[Title 15 RCW—page 76]
15.49.470 Moneys, disposition—Fees, fines, penalties
and forfeitures of district courts, remittance. All moneys
collected under the provisions of this chapter shall be paid
to the director and deposited in an account within the
agricultural local fund. Such deposits shall be used only in
the administration and enforcement of this chapter. Any
residual balance remaining in the seed fund on June 9, 1988,
shall be transferred to that account within the agricultural
local fund. All fees, fines, forfeitures and penalties collected
or assessed by a district court because of the violation of a
state law shall be remitted as provided in chapter 3.62 RCW
as now exists or is later amended. [1988 c 254 § 2; 1987 c
202 § 176; 1975 1st ex.s. c 257 § 2; 1969 ex.s. c 199 § 13;
1969 c 63 § 47.]
Intent—1987 c 202: See note following RCW 2.04.190.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.49.480 Cooperation and agreements with other
agencies. The department may cooperate with and enter into
agreements with other governmental agencies, whether of
this state, other states, or agencies of the federal government,
and with private associations, in order to carry out the
purposes and provisions of this chapter. [1969 c 63 § 48.]
15.49.900 Existing liabilities not affected. The
enactment of this chapter shall not have the effect of
terminating or in any way modifying any liability, civil or
criminal, which shall already be in existence on July 1, 1969.
[1969 c 63 § 49.]
15.49.920 Effective date—1969 c 63. The effective
date of this 1969 act is July 1, 1969. [1969 c 63 § 51.]
15.49.930 Continuation of rules adopted pursuant
to repealed sections—Adoption, amendment or repeal.
The repeal of sections 15.48.010 through 15.48.260 and
15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010
through 15.48.260 and 15.48.900 and the enactment of this
1969 act shall not be deemed to have repealed any regulations adopted under the provisions of sections 15.48.010
through 15.48.260 and 15.48.900, chapter 11, Laws of 1961
and RCW 15.48.010 through 15.48.260 and 15.48.900, and
in effect immediately prior to such repeal and not inconsistent with the provisions of this 1969 act. For the purpose of
this 1969 act, it shall be deemed that such rules have been
adopted under the provisions of this 1969 act pursuant to
chapter 34.05 RCW, as enacted or hereafter amended
concerning the adoption of rules. Any amendment or repeal
of such rules after July 1, 1969, shall be subject to the
provisions of chapter 34.05 RCW (Administrative Procedure
Act) as enacted or hereafter amended, concerning the
adoption of rules. [1969 c 63 § 52.]
15.49.940 Short title. RCW 15.49.020 through
15.49.950 shall be known as the "Washington State Seed
Act." [1969 c 63 § 53.]
15.49.950 Severability—1969 c 63. If any section or
provision of this 1969 act shall be adjudged to be invalid or
(2002 Ed.)
Seeds
unconstitutional, such adjudication shall not affect the
validity of the act as a whole or any section, provision, or
part thereof, not adjudged invalid or unconstitutional. [1969
c 63 § 55.]
Chapter 15.53
COMMERCIAL FEED
Sections
15.53.901 Definitions.
15.53.9012 Administration and administrative rules.
15.53.9013 Commercial feed license—Required—Exemptions—
Application—Fees—Renewal—Denial or revocation for
noncompliance—Violation—Penalty—Rules.
15.53.9014 Registration of pet food and specialty pet food—
Exemption—Application—Renewal—Fees—Refusal or
cancellation for noncompliance—Violation—Penalty.
15.53.9016 Labeling—Required information—Recordkeeping—Rules.
15.53.9018 Inspection fees—Reports—Confidentiality, exception.
15.53.902 Adulteration—Definition—Unlawful to distribute.
15.53.9022 Misbranding—Definition—Unlawful to distribute.
15.53.9024 Inspections—Verification of records and procedures—
Official samples—Warrants authorized.
15.53.9038 Department’s remedies for noncompliance—"Withdrawal
from distribution" order—Condemnation—Seizure.
15.53.904 Department’s remedies for noncompliance—Penalties—
Prosecutions—Injunctions.
15.53.9042 Department to publish distribution information, production
data, and analyses comparison.
15.53.9044 Disposition of moneys.
15.53.9046 Cooperation with other entities.
15.53.9048 Chapter is cumulative.
15.53.9053 Continuation of prior licenses and registrations.
15.53.9054 Severability—1965 ex.s. c 31.
15.53.9056 Short title.
15.53.901 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Brand name" means a word, name, symbol, or
device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it
from that of others.
(2) "Commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such
materials are specifically exempted. Unmixed whole seeds
and physically altered entire unmixed seeds, when such
whole seeds or physically altered seeds are not chemically
changed or not adulterated within the meaning of RCW
15.53.902, are exempt. The department by rule may exempt
from this definition, or from specific provisions of this
chapter, commodities such as hay, straw, stover, silage, cobs,
husks, hulls, and individual chemical compounds or substances when such commodities, compounds, or substances
are not intermixed with other materials, and are not adulterated within the meaning of RCW 15.53.902.
(3) "Contract feeder" means a person who is an independent contractor and feeds commercial feed to animals
pursuant to a contract whereby such commercial feed is
supplied, furnished, or otherwise provided to such person
and whereby such person’s remuneration is determined all or
in part by feed consumption, mortality, profits, or amount or
quality of product.
(4) "Customer-formula feed" means commercial feed
that consists of a mixture of commercial feeds or feed
(2002 Ed.)
15.49.950
ingredients, or both, each batch of which is manufactured
according to the instructions of the final purchaser.
(5) "Department" means the department of agriculture
of the state of Washington or its duly authorized representative.
(6) "Director" means the director of the department or
a duly authorized representative.
(7) "Distribute" means to offer for sale, sell, exchange
or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
(8) "Distributor" means a person who distributes.
(9) "Drug" means an article intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of
disease in animals other than people and articles, other than
feed intended to affect the structure or a function of the
animal body.
(10) "Exempt buyer" means a licensee who has agreed
to be responsible for reporting tonnage and paying inspection
fees for all commercial feeds they distribute. An exempt
buyer must apply for exempt buyer status with the department. The department shall maintain a list of all exempt
buyers and make the list available on request.
(11) "Feed ingredient" means each of the constituent
materials making up a commercial feed.
(12) "Final purchaser" means a person who purchases
commercial feed to feed to animals in his or her care.
(13) "Initial distributor" means a person who first
distributes a commercial feed in or into this state.
(14) "Label" means a display of written, printed, or
graphic matter upon or affixed to the container in which a
commercial feed is distributed, or on the invoice or delivery
slip with which a commercial feed is distributed.
(15) "Labeling" means all labels and other written,
printed, or graphic matter: (a) Upon a commercial feed or
any of its containers or wrappers; or (b) accompanying such
commercial feed.
(16) "Licensee" means a person who holds a commercial feed license as prescribed in this chapter.
(17) "Manufacture" means to grind, mix or blend, or
further process a commercial feed for distribution.
(18) "Medicated feed" means a commercial feed
containing a drug or other medication.
(19) "Mineral feed" means a commercial feed intended
to supply primarily mineral elements or inorganic nutrients.
(20) "Official sample" means a sample of feed taken by
the department, obtained and analyzed as provided in RCW
15.53.9024 (3), (5), or (6).
(21) "Percent" or "percentage" means percentage by
weight.
(22) "Person" means an individual, firm, partnership,
corporation, or association.
(23) "Pet" means a domesticated animal normally
maintained in or near the household of the owner of the pet.
(24) "Pet food" means a commercial feed prepared and
distributed for consumption by pets.
(25) "Product name" means the name of the commercial
feed that identifies it as to kind, class, or specific use.
(26) "Retail" means to distribute to the final purchaser.
(27) "Sell" or "sale" includes exchange.
(28) "Specialty pet" means a domesticated animal pet
normally maintained in a cage or tank, such as, but not
[Title 15 RCW—page 77]
15.53.901
Title 15 RCW: Agriculture and Marketing
limited to, gerbils, hamsters, canaries, psittacine birds,
mynahs, finches, tropical fish, goldfish, snakes, and turtles.
(29) "Specialty pet food" means a commercial feed
prepared and distributed for consumption by specialty pets.
(30) "Ton" means a net weight of two thousand pounds
avoirdupois.
(31) "Quantity statement" means the net weight (mass),
net volume (liquid or dry), or count. [1995 c 374 § 33;
1982 c 177 § 1; 1975 1st ex.s. c 257 § 3; 1965 ex.s. c 31 §
2. Prior acts on this subject: 1961 c 11 §§ 15.53.010
through 15.53.900; 1953 c 80 §§ 1-35.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9012 Administration and administrative rules.
(1) The department shall administer, enforce and carry out
the provisions of this chapter and may adopt rules necessary
to carry out its purpose. In adopting such rules, the director
shall consider (a) the official definitions of feed ingredients
and official feed terms adopted by the association of American feed control officials and published in the official
publication of that organization; and (b) any regulation
adopted pursuant to the authority of the federal food, drug,
and cosmetic act (21 U.S.C. Sec. 301, et seq.), if the
department would have the authority under this chapter to
adopt the regulations. The adoption of rules shall be subject
to a public hearing and all other applicable provisions of
chapter 34.05 RCW (Administrative Procedure Act).
(2) The director when adopting rules in respect to the
feed industry shall consult with affected parties, such as
manufacturers and distributors of commercial feed and any
final rule adopted shall be designed to promote orderly
marketing and shall be reasonable and necessary and based
upon the requirements and condition of the industry and
shall be for the purpose of promoting the well-being of the
members of the feed industry as well as the well-being of
the purchasers and users of feed and for the general welfare
of the people of the state. [1995 c 374 § 34; 1965 ex.s. c 31
§ 3.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.53.9013 Commercial feed license—Required—
Exemptions—Application—Fees—Renewal—Denial or
revocation for noncompliance—Violation—Penalty—
Rules. (1) Beginning January 1, 1996, a person who
manufactures a commercial feed, is an initial distributor of
a commercial feed, or whose name appears as the responsible party on a commercial feed label to be distributed in or
into this state shall first obtain from the department a
commercial feed license for each facility. Sale of food processing byproducts from fruit, vegetable, or potato processing plants, freezing or dehydrating facilities, or juice or jelly
preserving plants, bona fide experimental feed on which
accurate records and experimental programs are maintained,
and pet food and specialty pet food are exempt from the
requirement of a commercial feed license. The sale of
byproducts or products of sugar refineries are not exempt
from the requirement of a commercial feed license.
[Title 15 RCW—page 78]
(2) Application for a commercial feed license shall be
made annually on forms provided by the department and
shall be accompanied by a fee of fifty dollars, except that for
the period beginning January 1, 1996, and ending June 30,
1996, the fee shall be twenty-five dollars. The commercial
feed license shall expire on June 30th of each year.
(3) An application for license shall include the following:
(a) The name and address of the applicant;
(b) Other information required by the department by
rule.
(4) After January 1, 1996, application for license
renewal is due July 1st of each year. If an application for
license renewal provided for in this section is not filed with
the department prior to July 15th, a delinquency fee of fifty
dollars shall be assessed and added to the original fee and
must be paid by the applicant before the renewal license is
issued. The assessment of the delinquency fee shall not
prevent the department from taking other action as provided
for in this chapter. The penalty does not apply if the
applicant furnishes an affidavit that he or she has not
distributed a commercial feed subsequent to the expiration of
his or her prior license.
(5) The department may deny a license application if the
applicant is not in compliance with this chapter or applicable
rules, and may revoke a license if the licensee is not in
compliance with this chapter or applicable rules. Prior to
denial or revocation of a license, the department shall
provide notice and an opportunity to correct deficiencies. If
an applicant or licensee fails to correct the deficiency, the
department shall deny or revoke the license. If aggrieved by
the decision, the applicant or licensee may request a hearing
as authorized under chapter 34.05 RCW.
(6) Notwithstanding the payment of a delinquency fee,
it is a violation to distribute a commercial feed by an
unlicensed person, and nothing in this chapter shall prevent
the department from imposing a penalty authorized by this
chapter for the violation.
(7) The department may under conditions specified by
rule, request copies of labels and labeling in order to
determine compliance with the provisions of this chapter.
[1995 c 374 § 35.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.53.9014 Registration of pet food and specialty
pet food—Exemption—Application—Renewal—Fees—
Refusal or cancellation for noncompliance—Violation—
Penalty. (1) Each pet food and specialty pet food shall be
registered with the department and such registration shall be
renewed annually before such commercial feed may be distributed in this state.
(2) The application for registration of pet food and
specialty pet food shall be on forms provided by the department and shall be accompanied by the fees in subsection (3)
of this section. Registrations expire on June 30th of each
year.
(3) Pet food and specialty pet food registration fees are
as follows:
(a) Each pet food and specialty pet food distributed in
packages of ten pounds or more shall be accompanied by a
fee of eleven dollars, except that for the period beginning
(2002 Ed.)
Commercial Feed
January 1, 1996, and ending June 30, 1996, the fee shall be
five dollars and fifty cents. If such commercial feed is also
distributed in packages of less than ten pounds it shall be
registered under (b) of this subsection.
(b) Each pet food and specialty pet food distributed in
packages of less than ten pounds shall be accompanied by a
fee of forty-five dollars, except that for the period beginning
January 1, 1996, and ending June 30, 1996, the fee shall be
twenty-two dollars and fifty cents. No inspection fee may
be collected on pet food and specialty pet food distributed in
packages of less than ten pounds.
(4) The department may require that the application for
registration of pet food and specialty pet food be accompanied by a label and/or other printed matter describing the
product.
(5) A distributor shall not be required to register a pet
food or specialty pet food that is already registered under the
provisions of this chapter, as long as it is distributed with the
original label.
(6) Changes in the guarantee of either chemical or
ingredient composition of a pet food or specialty pet food
registered under the provisions of this chapter may be
permitted if there is satisfactory evidence that such changes
would not result in a lowering of the feed value of the
product for the purpose for which it was designed.
(7) The department is authorized to refuse registration
of any application not in compliance with the provisions of
this chapter and any rule adopted under this chapter and to
cancel any registration subsequently found to be not in
compliance with any provisions of this chapter and any rule
adopted under this chapter. Prior to refusal or cancellation
of a registration, the applicant or registrant of an existing
registered pet food or specialty pet food shall be notified of
the reasons and given an opportunity to amend the application to comply. If the applicant does not make the
necessary corrections, the department shall refuse to register
the feed. The applicant or registrant of an existing registered
pet food or specialty pet food may request a hearing as
provided for in chapter 34.05 RCW.
(8) After January 1, 1996, application for renewal of
registration is due July 1st of each year. If an application
for renewal of the registration provided for in this section is
not filed prior to July 15th of any one year, a penalty of ten
dollars per product shall be assessed and added to the
original fee and shall be paid by the applicant before the
renewal registration may be issued, unless the applicant
furnishes an affidavit that he has not distributed this feed
subsequent to the expiration of his or her prior registration.
(9) It is a violation of this chapter to distribute an
unregistered pet food or specialty pet food. Payment of a
delinquency fee shall not prevent the department from
imposing a penalty authorized by this chapter for the
violation. [1995 c 374 § 36; 1993 sp.s. c 19 § 2; 1982 c 177
§ 2; 1975 1st ex.s. c 257 § 4; 1965 ex.s. c 31 § 4.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9016 Labeling—Required information—
Recordkeeping—Rules. (1) Any commercial feed, except
a customer-formula feed, distributed in this state shall be
(2002 Ed.)
15.53.9014
accompanied by a legible label bearing the following
information:
(a) The product name and the brand name, if any, under
which the commercial feed is distributed.
(b) The guaranteed analysis stated in such terms as the
department by rule determines is required to advise the user
of the composition of the feed or to support claims made in
the labeling. In all cases the substances or elements must be
determinable by laboratory methods such as the methods
published by the association of official analytical chemists.
(c) The common or usual name of each ingredient used
in the manufacture of the commercial feed, except as the
department may, by regulation, permit the use of a collective
term for a group of ingredients all of which perform the
same function. An ingredient statement is not required for
single standardized ingredient feeds which are officially
defined.
(d) The name and principal mailing address of the
person responsible for distributing the commercial feed.
(e) Adequate directions for use for all commercial feeds
containing drugs and for all such other commercial feeds as
the department may require by rule as necessary for their
safe and effective use.
(f) Precautionary statements as the department by rule
determines are necessary for the safe and effective use of the
commercial feed.
(g) The net weight as required under chapter 19.94
RCW.
(2) When a commercial feed, except a customer-formula
feed, is distributed in this state in bags or other containers,
the label shall be placed on or affixed to the container; when
a commercial feed, except a customer-formula feed, is
distributed in bulk the label shall accompany delivery and be
furnished to the purchaser at time of delivery.
(3) A customer-formula feed shall be labeled by
shipping document. The shipping document, which is to
accompany delivery and be supplied to the purchaser at the
time of delivery, shall bear the following information:
(a) Name and address of the manufacturer;
(b) Name and address of the purchaser;
(c) Date of delivery;
(d) Product name and the net weight as required under
chapter 19.94 RCW;
(e) Adequate directions for use for all customer-formula
feeds containing drugs and for such other feeds as the
department may require by rule as necessary for their safe
and effective use;
(f) The directions for use and precautionary statements
as required by subsection (1)(e) and (f) of this section; and
(g) If a drug containing product is used:
(i) The purpose of the medication (claim statement);
(ii) The established name of each active drug ingredient
and the level of each drug used in the final mixture expressed in accordance with rules established by the department.
(4) The product name and quantity statement of each
commercial feed and each other ingredient used in the
customer formula feed must be on file at the plant producing
the product. These records must be kept on file for one year
after the last sale. This information shall be made available
to the purchaser, the dealer making the sale, and the department on request. [1995 c 374 § 37; 1965 ex.s. c 31 § 5.]
[Title 15 RCW—page 79]
15.53.9016
Title 15 RCW: Agriculture and Marketing
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.53.9018
Inspection fees—Reports—
Confidentiality, exception. (1) Except as provided in
subsection (4) of this section, each initial distributor of a
commercial feed in this state shall pay to the department an
inspection fee on all commercial feed sold by such person
during the year. The fee shall be not less than four cents
nor more than twelve cents per ton as prescribed by the
director by rule: PROVIDED, That such fees shall be used
for routine enforcement and administration of this chapter
and rules adopted under this chapter.
(2) An inspection fee is not required for: (a) Commercial feed distributed by a person having proof that inspection
fees have been paid by his or her supplier (manufacturer);
(b) commercial feed in packages weighing less than ten
pounds; (c) commercial feed for shipment to points outside
this state; (d) food processing byproducts from fruit, vegetable, or potato processing plants, freezing or dehydrating
facilities, or juice or jelly preserving plants; and (e) bona
fide experimental feeds on which accurate records and
experimental programs are maintained.
(3) Tonnage will be reported and inspection fees will be
paid on (a) byproducts or products of sugar refineries; (b)
materials used in the preparation of pet foods and specialty
pet food.
(4) When more than one distributor is involved in the
distribution of a commercial feed, the initial distributor is
responsible for reporting the tonnage and paying the inspection fee, unless this sale or transaction is made to an exempt
buyer.
(5) Each person made responsible by this chapter for the
payment of inspection fees for commercial feed sold in this
state shall file a report with the department on January 1st
and July 1st of each year showing the number of tons of
such commercial feed sold during the six calendar months
immediately preceding the date the report is due. The
proper inspection fee shall be remitted with the report. The
person required to file the report and pay the fee shall have
a thirty-day period of grace immediately following the day
the report and payment are due to file the report, and pay the
fee. Upon permission of the department, an annual statement under oath may be filed by any person distributing
within the state less than one hundred tons for each sixmonth period during any year, and upon filing such statement such person shall pay the inspection fee at the rate
provided for in subsection (1) of this section. The minimum
inspection fee shall be twelve dollars and fifty cents for each
six-month reporting period or twenty-five dollars if reporting
annually.
(6) For the purpose of determining accurate tonnage of
commercial feed distributed in this state or to identify or
verify semiannual tonnage reports, the department may
require each registrant or licensee, or both, to maintain
records or file additional reports.
(7) The department may examine at reasonable times the
records maintained under this section. Records shall be
maintained in usable condition by the registrant or licensee
for a period of two years unless by rule this retention period
is extended.
[Title 15 RCW—page 80]
(8) The registrant or licensee shall maintain records
required under this section and submit these records to the
department upon request.
(9) Any person responsible for reporting tonnage or
paying inspection fees who fails to do so before the thirtyfirst day following the last day of each reporting period,
shall pay a penalty equal to fifteen percent of the inspection
fee due or fifty dollars, whichever is greater. The penalty,
together with any delinquent inspection fee is due before the
forty-first day following the last day of each reporting
period. The department may cancel registration of a registrant or may revoke a license of a licensee who fails to pay
the penalty and delinquent inspection fees within that time
period. The applicant or licensee may request a hearing as
authorized under chapter 34.05 RCW.
(10) The report required by subsection (5) of this
section shall not be a public record, and it is a misdemeanor
for any person to divulge any information given in such
report which would reveal the business operation of the
person making the report: PROVIDED, That nothing
contained in this subsection shall be construed to prevent or
make unlawful the use of information concerning the
business operation of a person if any action, suit, or proceeding instituted under the authority of this chapter, including
any civil action for collection of unpaid inspection fees,
which action is hereby authorized and which shall be as an
action at law in the name of the director of the department.
(11) Any commercial feed purchased by a consumer or
contract feeder outside the jurisdiction of this state and
brought into this state for use is subject to all the provisions
of this chapter, including inspection fees. [1995 c 374 § 38;
1982 c 177 § 3; 1981 c 297 § 17; 1979 c 91 § 1; 1975 1st
ex.s. c 257 § 5; 1967 c 240 § 32; 1965 ex.s. c 31 § 6.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Effective date—1981 c 297 § 17: "Section 17 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect June 30, 1981." [1981 c 297 § 44.]
Severability—1981 c 297: See note following RCW 15.36.201.
Effective date—1979 c 91: "This act shall take effect on January 1,
1980." [1979 c 91 § 2.]
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
Severability—1967 c 240: See note following RCW 43.23.010.
15.53.902 Adulteration—Definition—Unlawful to
distribute. It is unlawful for any person to distribute an
adulterated feed. A commercial feed is deemed to be
adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in
case the substance is not an added substance, such commercial feed shall not be considered adulterated under this
subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added
deleterious, or added nonnutritive substance which is unsafe
within the meaning of section 406 of the federal food, drug,
and cosmetic act (other than one which is (a) a pesticide
chemical in or on a raw agricultural commodity; or (b) a
food additive); or
(2002 Ed.)
Commercial Feed
(3) If it is, or it bears, or contains any food additive
which is unsafe within the meaning of section 409 of the
federal food, drug, and cosmetic act (21 U.S.C. Sec. 348); or
(4) If it is a raw agricultural commodity and it bears or
contains a pesticide chemical which is unsafe within the
meaning of section 408(a) of the federal food, drug, and
cosmetic act: PROVIDED, That where a pesticide chemical
has been used in or on a raw agricultural commodity in
conformity with an exemption granted or a tolerance
prescribed under section 408 of the Federal Food, Drug, and
Cosmetic Act and such raw agricultural commodity has been
subjected to processing such as canning, cooking, freezing,
dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be
deemed unsafe if such residue in or on the raw agricultural
commodity has been removed to the extent possible in good
manufacturing practice and the concentration of such residue
in the processed feed is not greater than the tolerance
prescribed for the raw agricultural commodity unless the
feeding of such processed feed will result or is likely to
result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of
the federal food, drug, and cosmetic act; or
(5) If it is, or it bears or contains any color additive
which is unsafe within the meaning of section 706 of the
federal food, drug, and cosmetic act; or
(6) If it is, or it bears or contains any new animal drug
that is unsafe within the meaning of section 512 of the
federal food, drug, and cosmetic act (21 U.S.C. Sec. 360b);
or
(7) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom or any less valuable
substance substituted therefor; or
(8) If its composition or quality falls below or differs
from that which it is purported or is represented to possess
by its labeling; or
(9) If it contains a drug and the methods used in or the
facilities or controls used for its manufacture, processing, or
packaging do not conform to current good manufacturing
practice rules adopted by the department to assure that the
drug meets the requirements of this chapter as to safety and
has the identity and strength and meets the quality and purity
characteristics that it purports or is represented to possess.
In adopting such rules, the department shall adopt the current
good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the federal food, drug, and cosmetic
act, unless the department determines that they are not
appropriate to the conditions that exist in this state; or
(10) If it contains viable, prohibited (primary) noxious
weed seeds in excess of one per pound, or if it contains
viable, restricted (secondary) noxious weed seeds in excess
of twenty-five per pound. The primary and secondary
noxious weed seeds shall be those as named pursuant to the
provisions of chapter 15.49 RCW and rules adopted thereunder. [1995 c 374 § 39; 1982 c 177 § 4; 1979 c 154 § 2;
1965 ex.s. c 31 § 7.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Severability—1979 c 154: See note following RCW 15.49.330.
(2002 Ed.)
15.53.902
15.53.9022 Misbranding—Definition—Unlawful to
distribute. It shall be unlawful for any person to distribute
misbranded feed. A commercial feed shall be deemed to be
misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another
commercial feed;
(3) If it is not labeled as required in RCW 15.53.9016
and in rules prescribed under this chapter;
(4) If it purports to be or is represented as a commercial
feed, or if it purports to contain or is represented as containing a commercial feed or feed ingredient, unless such
commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rule of the department.
In the adopting of such rules the department may consider
commonly accepted definitions such as those issued by
nationally recognized associations or groups of feed control
officials;
(5) If any word, statement, or other information required
by or under authority of this chapter to appear on the label
or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
(6) If its composition or quality falls below or differs
from that which it is purported or is represented to possess
by its labeling. [1995 c 374 § 40; 1965 ex.s. c 31 § 8.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.53.9024 Inspections—Verification of records and
procedures—Official samples—Warrants authorized. (1)
For the purpose of enforcement of this chapter, and in order
to determine whether its provisions have been complied with,
including whether an operation is subject to such provisions,
inspectors duly designated by the director, upon presenting
appropriate credentials, and a written notice to the owner,
operator, or agent in charge, are authorized (a) to enter,
during normal business hours, a factory, warehouse, or
establishment within the state in which commercial feeds are
manufactured, processed, packed, or held for distribution, or
to enter a vehicle being used to transport or hold such feeds;
and (b) to inspect at reasonable times and within reasonable
limits and in a reasonable manner, such factory, warehouse,
establishment, or vehicle and all pertinent equipment,
finished and unfinished materials, containers, and labeling.
The inspection may include the verification of only such
records, and production and control procedures as may be
necessary to determine compliance with the current good
manufacturing practice regulations established under RCW
15.53.902(9) and rules adopted under good manufacturing
practices for feeds to include nonmedicated feeds.
(2) A separate notice shall be given for each such
inspection, but a notice is not required for each entry made
during the period covered by the inspection. Each such
inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the
person in charge of the facility or vehicle shall be so
notified.
[Title 15 RCW—page 81]
15.53.9024
Title 15 RCW: Agriculture and Marketing
(3) If the inspector or employee making such inspection
of a factory, warehouse, or other establishment has obtained
a sample in the course of the inspection, upon completion of
the inspection and prior to leaving the premises, he or she
shall give to the owner, operator, or agent in charge, a
receipt describing the samples obtained.
(4) If the owner of a factory, warehouse, or establishment described in subsection (1) of this section, or his or her
agent, refuses to admit the director or his or her agent to
inspect in accordance with subsections (1) and (2) of this
section, the director or his or her agent is authorized to
obtain from any court of competent jurisdiction a warrant
directing such owner or his or her agent to submit the
premises described in the warrant to inspection.
(5) For the enforcement of this chapter, the director or
his or her duly assigned agent is authorized to enter upon
any public or private premises including any vehicle of
transport during regular business hours to have access to,
and to obtain samples, and to examine records relating to
distribution of commercial feeds.
(6) Sampling and analysis shall be conducted in accordance with methods published by the association of official
analytical chemists, or in accordance with other generally
recognized methods.
(7) The results of all analyses of official samples shall
be forwarded by the department to the person named on the
label and to the purchaser, if known. If the inspection and
analysis of an official sample indicates a commercial feed
has been adulterated or misbranded and upon request within
thirty days following the receipt of the analysis, the department shall furnish to the registrant or licensee a portion of
the sample concerned. If referee analysis is requested, a
portion of the official sample shall be furnished by the
department and shall be sent directly to an independent lab
agreed to by all parties.
(8) The department, in determining for administrative
purposes whether a feed is deficient in any component, shall
be guided solely by the official sample as defined in RCW
15.53.901(20) and obtained and analyzed as provided for in
this section.
(9) Analysis of an official sample by the department
shall be accepted as prima facie evidence by any court of
competent jurisdiction. [1995 c 374 § 41; 1965 ex.s. c 31 §
9.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Prosecutions, official analysis as evidence: RCW 15.53.904.
15.53.9038 Department’s remedies for noncompliance—"Withdrawal from distribution" order—
Condemnation—Seizure. (1) When the department has
reasonable cause to believe that any lot of commercial feed
is adulterated or misbranded or is being distributed in
violation of this chapter or any rules hereunder it may issue
and enforce a written or printed "withdrawal from distribution" order, or "stop sale" order, warning the distributor not
to dispose of the lot of feed in any manner until written
permission is given by the department. The department shall
release the lot of commercial feed so withdrawn when the
provisions and rules have been complied with. If compliance is not obtained within thirty days, parties may agree to
[Title 15 RCW—page 82]
an alternative disposition in writing or the department may
institute condemnation proceedings in a court of competent
jurisdiction.
(2) Any lot of commercial feed not in compliance with
the provisions and rules is subject to seizure on complaint of
the department to a court of competent jurisdiction in the
area in which the commercial feed is located. If the court
finds the commercial feed to be in violation of this chapter
and orders the condemnation of the commercial feed, it shall
be disposed of in any manner consistent with the quality of
the commercial feed and the laws of the state. The court
shall first give the claimant an opportunity to apply to the
court for release of the commercial feed or for permission to
process or relabel the commercial feed to bring it into
compliance with this chapter. [1995 c 374 § 42; 1982 c 177
§ 5; 1975 1st ex.s. c 257 § 7; 1965 ex.s. c 31 § 16.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.904 Department’s remedies for noncompliance—Penalties—Prosecutions—Injunctions. (1) Any
person convicted of violating any of the provisions of this
chapter or the rules and regulations issued thereunder or who
shall impede, obstruct, hinder, or otherwise prevent or
attempt to prevent the department in the performance of its
duty in connection with the provisions of this chapter, shall
be adjudged guilty of a misdemeanor and shall be fined not
less than fifty dollars nor more than one hundred dollars for
the first violation, and not less than two hundred dollars nor
more than five hundred dollars for a subsequent violation.
In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the department shall be accepted as
prima facie evidence of the composition.
(2) Nothing in this chapter shall be construed as
requiring the department to report for prosecution or for the
institution of seizure proceedings as a result of minor
violations of this chapter when it believes that the public
interest will be best served by a suitable notice of warning
in writing.
(3) It shall be the duty of each prosecuting attorney to
whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay. Before the department reports a
violation for such prosecution, an opportunity shall be given
the distributor to present his view in writing or orally to the
department.
(4) The department is hereby authorized to apply for
and the court to grant a temporary or permanent injunction
restraining any person from violating or continuing to violate
any of the provisions of this chapter or any rule or regulation
promulgated under this chapter notwithstanding the existence
of other remedies at law. Said injunction to be issued
without bond. [1965 ex.s. c 31 § 17.]
Analysis of official sample as evidence: RCW 15.53.9024.
15.53.9042 Department to publish distribution
information, production data, and analyses comparison.
The department shall publish at least annually, in such forms
(2002 Ed.)
Commercial Feed
as it may deem proper, information concerning the distribution of commercial feed, together with such data on their
production and use as it may consider advisable, and a report
of the results of the analyses of official samples of commercial feed within the state as compared with the analyses
guaranteed on the label or as calculated from the invoice
data for customer-formula feeds: PROVIDED, That the
information concerning production and use of commercial
feeds shall not disclose the operations of any person. [1995
c 374 § 43; 1965 ex.s. c 31 § 18.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.53.9044 Disposition of moneys. All moneys
collected under this chapter shall be paid to the director and
deposited in an account within the agricultural local fund.
Such deposits shall be used only in the administration and
enforcement of this chapter. Any residual balance remaining
in the commercial feed fund on June 9, 1988, shall be
transferred to the account within the agricultural local fund.
[1988 c 254 § 5; 1975 1st ex.s. c 257 § 8; 1965 ex.s. c 31
§ 19.]
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.53.9046 Cooperation with other entities. The
director may cooperate with and enter into agreements with
governmental agencies of this state, other states, agencies of
the federal government and private associations in order to
carry out the purpose and provisions of this chapter. [1965
ex.s. c 31 § 24.]
15.53.9048 Chapter is cumulative. The provisions of
this chapter shall be cumulative and nonexclusive and shall
not affect any other remedy. [1965 ex.s. c 31 § 20.]
15.53.9053 Continuation of prior licenses and
registrations. All licenses and registrations in effect on July
1, 1995, shall continue in full force and effect until their
regular expiration date, December 31, 1995. No registration
or license that has already been paid under the requirements
of prior law shall be refunded. [1995 c 374 § 44; 1975 1st
ex.s. c 257 § 12.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Effective date—1975 1st ex.s. c 257: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions and shall take
effect on July 1, 1975." [1975 1st ex.s. c 257 § 13.]
15.53.9054 Severability—1965 ex.s. c 31. If any
section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the act as a whole or any section, provision,
or part thereof, not adjudged invalid or unconstitutional.
[1965 ex.s. c 31 § 27.]
15.53.9056 Short title. This chapter shall be known
as the "Washington Commercial Feed Law." [1965 ex.s. c
31 § 1.]
(2002 Ed.)
15.53.9042
Chapter 15.54
FERTILIZERS, MINERALS, AND LIMES
Sections
15.54.265
15.54.270
15.54.275
15.54.325
Intent—1998 c 36.
Definitions.
Bulk fertilizer distribution license.
Commercial fertilizer registration—Required for distribution—Application.
15.54.330 Commercial fertilizer registration—Application review—
Labels and guarantees.
15.54.340 Labeling requirements.
15.54.350 Inspection fees.
15.54.362 Reports—Inspection fees—Confidentiality, exception.
15.54.370 Official samples—Inspection, analysis, testing—Right of
entry.
15.54.380 Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties.
15.54.390 Determination and publication of commercial values—Use
in assessment of penalty payments.
15.54.400 Restrictions on sale—Minimum percentages.
15.54.412 Misbranding.
15.54.414 Adulteration.
15.54.420 Unlawful acts.
15.54.430 Publication of distribution information, analyses results.
15.54.433 Fertilizer data base—Public availability—Biennial report to
legislature.
15.54.436 Cancellation of license to distribute or of registration—
Refusal to register if fraudulent or deceptive practices
used—Opportunity for hearing.
15.54.440 "Stop sale," "stop use," or "withdrawal from distribution"
order, when issued—Release—Associated costs.
15.54.450 Noncompliance—Seizure—Disposition—Associated costs.
15.54.460 Damages from administrative action, stop sales or seizures.
15.54.470 Violations—Department discretion—Duty of prosecuting
attorney—Injunctions.
15.54.474 Penalty—Failure to comply with chapter or rule.
15.54.480 Disposition of moneys.
15.54.490 Cooperation with other entities.
15.54.800 Enforcement of chapter—Adoption of rules.
15.54.820 Department of ecology—Waste-derived or micronutrient
fertilizer—Standards—Written decision—Appeal of
decision.
15.54.910 Prior liability preserved.
15.54.930 Effective date—1967 ex.s. c 22.
15.54.940 Continuation of rules adopted pursuant to repealed sections.
15.54.950 Short title.
15.54.960 Severability—1967 ex.s. c 22.
Crop liens: Chapter 60.11 RCW.
15.54.265 Intent—1998 c 36. (1) The legislature
intends to strengthen the state’s fertilizer adulteration laws to
protect human health and the environment by:
(a) Ensuring that all fertilizers meet standards for
allowable metals;
(b) Allowing fertilizer purchasers and users to know
about the contents of fertilizer products; and
(c) Clarifying the department of ecology’s oversight
authority over waste-derived fertilizers.
(2) The legislature intends to provide better information
to the public on fertilizers, soils, and potential health effects
by authorizing additional studies on plant uptake of metals
and levels of dioxins in soils and products. [1998 c 36 § 1.]
Short title—1998 c 36: "This act may be known and cited as the
fertilizer regulation act." [1998 c 36 § 24.]
15.54.270 Definitions. Terms used in this chapter
have the meaning given to them in this chapter unless the
context clearly indicates otherwise.
[Title 15 RCW—page 83]
15.54.270
Title 15 RCW: Agriculture and Marketing
(1) "Brand" means a term, design, or trademark used in
connection with the distribution and sale of one or more
grades of commercial fertilizers.
(2) "Bulk fertilizer" means commercial fertilizer
distributed in a nonpackaged form such as, but not limited
to, tote bags, tote tanks, bins, tanks, trailers, spreader trucks,
and railcars.
(3) "Calcium carbonate equivalent" means the acidneutralizing capacity of an agricultural liming material
expressed as a weight percentage of calcium carbonate.
(4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used
for its plant nutrient content or that is designated for use or
claimed to have value in promoting plant growth, and shall
include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and
vegetable manures, organic waste-derived material, and other
products exempted by the department by rule.
(5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic
waste under uncontrolled conditions is not composting.
(6) "Customer-formula fertilizer" means a mixture of
commercial fertilizer or materials of which each batch is
mixed according to the specifications of the final purchaser.
(7) "Department" means the department of agriculture
of the state of Washington or its duly authorized representative.
(8) "Director" means the director of the department of
agriculture.
(9) "Distribute" means to import, consign, manufacture,
produce, compound, mix, or blend commercial fertilizer, or
to offer for sale, sell, barter, exchange, or otherwise supply
commercial fertilizer in this state.
(10) "Distributor" means a person who distributes.
(11) "Fertilizer material" means a commercial fertilizer
that either:
(a) Contains important quantities of no more than one
of the primary plant nutrients: Nitrogen, phosphate, and
potash;
(b) Has eighty-five percent or more of its plant nutrient
content present in the form of a single chemical compound;
or
(c) Is derived from a plant or animal residue or byproduct or natural material deposit that has been processed in
such a way that its content of plant nutrients has not been
materially changed except by purification and concentration.
(12) "Grade" means the percentage of total nitrogen,
available phosphoric acid, and soluble potash stated in whole
numbers in the same terms, order, and percentages as in the
"guaranteed analysis," unless otherwise allowed by a rule
adopted by the department. Specialty fertilizers may be
guaranteed in fractional units of less than one percent of
total nitrogen, available phosphorus or phosphoric acid, and
soluble potassium or potash. Fertilizer materials, bone meal,
manures, and similar materials may be guaranteed in
fractional units.
(13) "Guaranteed analysis."
(a) Until the director prescribes an alternative form of
"guaranteed analysis" by rule the term "guaranteed analysis"
shall mean the minimum percentage of plant nutrients
claimed in the following order and form:
[Title 15 RCW—page 84]
Total nitrogen (N) . . . . . . . . . . . . . . percent
Available phosphoric acid (P205) . . . . percent
Soluble potash (K20) . . . . . . . . . . . . percent
The percentage shall be stated in whole numbers unless
otherwise allowed by the department by rule.
The "guaranteed analysis" may also include elemental
guarantees for phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic material and
basic slag, bone, tankage, and other organic phosphatic
materials, the total phosphoric acid or degree of fineness
may also be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen,
phosphorus, and potassium shall be as allowed or required
by rule of the department. The guarantees for such other
nutrients shall be expressed in the form of the element.
(d) The guaranteed analysis for limes shall include the
percentage of calcium or magnesium expressed as their
carbonate; the calcium carbonate equivalent as determined by
methods prescribed by the association of official analytical
chemists; and the minimum percentage of material that will
pass respectively a one hundred mesh, sixty mesh, and ten
mesh sieve. The mesh size declaration may also include the
percentage of material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal constituent of
which is calcium sulfate (gypsum), the percentage of calcium
sulfate (CaS04.2H20) shall be given along with the percentage of total sulfur.
(14) "Imported fertilizer" means any fertilizer distributed
into Washington from any other state, province, or country.
(15) "Label" means the display of all written, printed, or
graphic matter, upon the immediate container, or a statement
accompanying a fertilizer.
(16) "Labeling" includes all written, printed, or graphic
matter, upon or accompanying a commercial fertilizer, or
advertisement, brochures, posters, television, and radio
announcements used in promoting the sale of such fertilizer.
(17) "Licensee" means the person who receives a license
to distribute a commercial fertilizer under the provisions of
this chapter.
(18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or
magnesium carbonate, hydroxide, or oxide, singly or
combined.
(19) "Manipulation" means processed or treated in any
manner, including drying to a moisture content less than
thirty percent.
(20) "Manufacture" means to compound, produce,
granulate, mix, blend, repackage, or otherwise alter the
composition of fertilizer materials.
(21) "Micronutrients" are: Boron; chlorine; cobalt;
copper; iron; manganese; molybdenum; sodium; and zinc.
(22) "Micronutrient fertilizer" means a produced or
imported commercial fertilizer that contains commercially
valuable concentrations of micronutrients but does not
contain commercially valuable concentrations of nitrogen,
phosphoric acid, available phosphorus, potash, calcium,
magnesium, or sulfur.
(23) "Official sample" means a sample of commercial
fertilizer taken by the department and designated as "official"
by the department.
(2002 Ed.)
Fertilizers, Minerals, and Limes
(24) "Organic waste-derived material" means grass
clippings, leaves, weeds, bark, plantings, prunings, and other
vegetative wastes, uncontaminated wood waste from logging
and milling operations, food wastes, food processing wastes,
and materials derived from these wastes through composting.
"Organic waste-derived material" does not include products
that include biosolids.
(25) "Packaged fertilizer" means commercial fertilizers,
either agricultural or specialty, distributed in nonbulk form.
(26) "Person" means an individual, firm, brokerage,
partnership, corporation, company, society, or association.
(27) "Percent" or "percentage" means the percentage by
weight.
(28) "Produce" means to compound or fabricate a
commercial fertilizer through a physical or chemical process,
or through mining. "Produce" does not include mixing,
blending, or repackaging commercial fertilizer products.
(29) "Registrant" means the person who registers
commercial fertilizer under the provisions of this chapter.
(30) "Specialty fertilizer" means a commercial fertilizer
distributed primarily for nonfarm use, such as, but not
limited to, use on home gardens, lawns, shrubbery, flowers,
golf courses, municipal parks, cemeteries, greenhouses, and
nurseries.
(31) "Ton" means the net weight of two thousand
pounds avoirdupois.
(32) "Total nutrients" means the sum of the percentages
of total nitrogen, available phosphoric acid, and soluble
potash as guaranteed and as determined by analysis.
(33) "Washington application rate" is calculated by
using an averaging period of up to four consecutive years
that incorporates agronomic rates that are representative of
soil, crop rotation, and climatic conditions in Washington
state.
(34) "Waste-derived fertilizer" means a commercial
fertilizer that is derived in whole or in part from solid waste
as defined in chapter 70.95 or 70.105 RCW, or rules adopted
thereunder, but does not include fertilizers derived from
biosolids or biosolids products regulated under chapter
70.95J RCW or wastewaters regulated under chapter 90.48
RCW. [1998 c 36 § 2; 1997 c 427 § 1; 1993 c 183 § 1;
1987 c 45 § 1; 1967 ex.s. c 22 § 1.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—1987 c 45: "This act shall not be construed as
affecting any existing right acquired or liability or obligation incurred under
the sections amended or repealed in this act or under any rule, regulation,
or order adopted under those sections, nor as affecting any proceeding
instituted under those sections." [1987 c 45 § 32.]
Severability—1987 c 45: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 45 § 33.]
Effective date—1967 ex.s. c 22: See RCW 15.54.930.
15.54.275 Bulk fertilizer distribution license. (1) No
person may distribute a bulk fertilizer in this state until a
license to distribute has been obtained by that person. An
annual license is required for each out-of-state or in-state
location that distributes bulk fertilizer in Washington state.
An application for each location shall be filed on forms
provided by the master license system and shall be accompanied by an annual fee of twenty-five dollars per location.
(2002 Ed.)
15.54.270
The license shall expire on the master license expiration
date.
(2) An application for license shall include the following:
(a) The name and address of licensee.
(b) Any other information required by the department by
rule.
(3) The name and address shown on the license shall be
shown on all labels, pertinent invoices, and storage facilities
for fertilizer distributed by the licensee in this state.
(4) If an application for license renewal provided for in
this section is not filed prior to the master license expiration
date, a delinquency fee of twenty-five dollars shall be
assessed and added to the original fee and shall be paid by
the applicant before the renewal license shall be issued. The
assessment of this delinquency fee shall not prevent the
department from taking any other action as provided for in
this chapter. The penalty shall not apply if the applicant
furnishes an affidavit that he or she has not distributed this
commercial fertilizer subsequent to the expiration of his or
her prior license. [1998 c 36 § 3; 1993 c 183 § 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.325 Commercial fertilizer registration—
Required for distribution—Application. (1) No person
may distribute in this state a commercial fertilizer until it has
been registered with the department by the producer,
importer, or packager of that product. A bulk fertilizer does
not require registration if all commercial fertilizer products
contained in the final product are registered.
(2) An application for registration shall be made on a
form furnished by the department and shall include the
following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name, address, and phone number of the registrant;
(e) Labels for each product being registered;
(f) Identification of those products that are (i) wastederived fertilizers, (ii) micronutrient fertilizers, or (iii)
fertilizer materials containing phosphate;
(g) The concentration of each metal, for which standards
are established under RCW 15.54.800, in each product being
registered, unless the product is (i) anhydrous ammonia or a
solution derived solely from dissolving anhydrous ammonia
in water, (ii) a customer-formula fertilizer containing only
registered commercial fertilizers, or (iii) a packaged commercial fertilizer whose plant nutrient content is present in the
form of a single chemical compound which is registered in
compliance with this chapter and the product is not blended
with any other material. The provisions of (g)(i) of this
subsection do not apply if the anhydrous ammonia is derived
in whole or in part from waste such that the fertilizer is a
"waste-derived fertilizer" as defined in RCW 15.54.270.
Verification of a registration relied on by an applicant under
(g)(iii) of this subsection must be submitted with the
application;
(h) Waste-derived fertilizers and micronutrient fertilizers
shall include at a minimum, information to ensure the
product complies with chapter 70.105 RCW and the resource
[Title 15 RCW—page 85]
15.54.325
Title 15 RCW: Agriculture and Marketing
conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.;
and
(i) Any other information required by the department by
rule.
(3) All companies planning to mix customer-formula
fertilizers shall include the statement "customer-formula
grade mixes" under the column headed "product name" on
the product registration application form. All customerformula fertilizers sold under one brand name shall be
considered one product.
(4) All registrations issued by the department for
registrants whose names begin with the letters A through M
expire on June 30th of even-numbered years and all registrations issued by the department for registrants whose
names begin with the letters N through Z expire on June
30th of odd-numbered years, unless otherwise specified in
rule adopted by the director.
(5) An application for registration shall be accompanied
by a fee of fifty dollars for each product, except that an
applicant whose registration expires in even-numbered years
shall pay a fee of twenty-five dollars for each product for the
registration period ending June 30, 2000.
(6) If an application for renewal of the product registration provided for in this section is not filed prior to July 1st
of the registration renewal year, a late fee of ten dollars per
product shall be assessed and added to the original fee and
shall be paid by the applicant before the renewal registration
shall be issued. The assessment of this late fee shall not
prevent the department from taking any other action as
provided for in this chapter. The late fee shall not apply if
the applicant furnishes an affidavit that he or she has not
distributed this commercial fertilizer subsequent to the
expiration of his or her prior registration. [1999 c 383 § 1;
1999 c 382 § 1; 1998 c 36 § 4; 1993 c 183 § 3.]
Reviser’s note: This section was amended by 1999 c 382 § 1 and by
1999 c 383 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 383: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 383 § 5.]
Effective date—1999 c 382: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 382 § 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.330 Commercial fertilizer registration—
Application review—Labels and guarantees. (1) The
department shall examine the commercial fertilizer product
registration application form and labels for conformance with
the requirements of this chapter. If the application and
appropriate labels are in proper form and contain the
required information, the particular commercial fertilizer
products shall be registered by the department and a certificate of registration shall be issued to the applicant.
(2) In reviewing the commercial fertilizer product
registration application, the department may consider
experimental data, manufacturers’ evaluations, data from
agricultural experiment stations, product review evaluations,
or other authoritative sources to substantiate labeling claims.
The data shall be from statistically designed and analyzed
[Title 15 RCW—page 86]
trials representative of the soil, crops, and climatic conditions
found in the northwestern area of the United States.
(3) In determining whether approval of a labeling
statement or guarantee of an ingredient is appropriate, the
department may require the submission of a written statement describing the methodology of laboratory analysis
utilized, the source of the ingredient material, and any
reference material relied upon to support the label statement
or guarantee of ingredient.
(4) Before registering a waste-derived fertilizer or
micronutrient fertilizer, the department shall obtain written
approval from the department of ecology as provided in
RCW 15.54.820. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of
ecology, its subsequent use in another product during that
registration cycle shall not require department of ecology
review. This subsection shall apply to new and renewal
registration applications for periods beginning July 1, 1999,
and thereafter. [1999 c 383 § 2; 1998 c 36 § 5; 1993 c 183
§ 4; 1967 ex.s. c 22 § 21.]
Effective date—1999 c 383: See note following RCW 15.54.325.
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.340 Labeling requirements. (1) Any commercial fertilizer distributed in this state shall have placed on or
affixed to the package a label setting forth in clearly legible
and conspicuous form the following information:
(a) The net weight;
(b) The product name, brand, and grade. The grade is
not required if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or licensee.
The name and address of the manufacturer, if different from
the registrant or licensee, may also be stated;
(e) Any information required under WAC 296-62-054;
(f) At a minimum, one of the following labeling
statements:
(i) "Information received by the Washington State
Department of Agriculture regarding the components in this
product is available on the internet at
https://www.wa.gov/agr/"; or
(ii) "Information regarding the contents and levels of
metals in this product is available on the internet at
https://www.wa.gov/agr/"; or
(iii) "Information regarding the contents and levels of
metals in this product is available on the internet at
https://www.regulatory-info-xx.com". Each registrant must
substitute a unique alpha numeric identifier for "xx". This
statement may be used only if the registrant establishes and
maintains the internet site and the internet site meets the
following criteria:
(A) There is no advertising or company-specific
information on the site;
(B) There is a clearly visible, direct hyperlink to the
department’s internet site specified in (f)(i) and (ii) of this
subsection (1); and
(C) Any other criteria adopted by the director by rule;
and
(g) Other information as required by the department by
rule.
(2002 Ed.)
Fertilizers, Minerals, and Limes
(2) If a commercial fertilizer is distributed in bulk, a
written or printed statement of the information required by
subsection (1) of this section shall accompany delivery and
be supplied to the purchaser at the time of delivery.
(3) Each delivery of a customer-formula fertilizer shall
be subject to containing those ingredients specified by the
purchaser, which ingredients shall be shown on the statement
or invoice with the amount contained therein, and a record
of all invoices of customer-formula grade mixes shall be
kept by the registrant or licensee for a period of twelve
months and shall be available to the department upon
request: PROVIDED, That each such delivery shall be
accompanied by either a statement, invoice, a delivery slip,
or a label if bagged, containing the following information:
The net weight; the brand; the guaranteed analysis which
may be stated to the nearest tenth of a percent or to the next
lower whole number; the name and address of the registrant
or licensee, or manufacturer, or both; and the name and
address of the purchaser. [1999 c 381 § 1; 1998 c 36 § 6;
1993 c 183 § 5; 1987 c 45 § 12; 1967 ex.s. c 22 § 22.]
Effective date—1999 c 381: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 381 § 2.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.350 Inspection fees. (1) There shall be paid to
the department for all commercial fertilizers distributed in
this state to nonregistrants or nonlicensees an inspection fee
of fifteen cents per ton of lime and thirty cents per ton of all
other commercial fertilizer distributed during the year
beginning July 1st and ending June 30th.
(2) Distribution of commercial fertilizers for shipment
to points outside this state may be excluded.
(3) When more than one distributor is involved in the
distribution of a commercial fertilizer, the last registrant or
licensee who distributes to a nonregistrant or nonlicensee is
responsible for paying the inspection fee, unless the payment
of fees has been made by a prior distributor of the fertilizer.
[1993 c 183 § 6; 1987 c 45 § 13; 1981 c 297 § 18; 1975 1st
ex.s. c 257 § 9; 1967 ex.s. c 22 § 23.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
Severability—1981 c 297: See note following RCW 15.36.201.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
15.54.362
Reports—Inspection fees—
Confidentiality, exception. (1) Every registrant or licensee
who distributes commercial fertilizer in this state shall file a
semiannual report on forms provided by the department
setting forth the number of net tons of each commercial
fertilizer so distributed in this state. The reports will cover
the following periods: January 1 through June 30 and July
1 through December 31 of each year. Upon permission of
the department, an annual statement under oath may be filed
for the annual reporting period of July 1 through June 30 of
any year by any person distributing within the state less than
one hundred tons for each six-month period during any
calendar year, and upon filing such statement, such person
(2002 Ed.)
15.54.340
shall pay the inspection fee required under RCW 15.54.350.
The department may accept sales records or other records
accurately reflecting the tonnage sold and verifying such
reports.
(2) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state
shall include the inspection fees with the report on the same
dates and for the same reporting periods mentioned in
subsection (1) of this section. If in one year a registrant or
licensee distributes less than eighty-three tons of commercial
fertilizer or less than one hundred sixty-seven tons of
commercial lime or equivalent combination of the two, the
registrant or licensee shall pay the minimum inspection fee.
The minimum inspection fee shall be twenty-five dollars per
year.
(3) The department may, upon request, require registrants or licensees to furnish information setting forth the net
tons of commercial fertilizer distributed to each location in
this state.
(4) Semiannual or annual reports filed after the close of
the corresponding reporting period shall pay a late filing fee
of twenty-five dollars. Inspection fees which are due and
have not been remitted to the department by the due date
shall have a late-collection fee of ten percent, but not less
than twenty-five dollars, added to the amount due when payment is finally made. The assessment of this late collection
fee shall not prevent the department from taking any other
action as provided for in this chapter.
(5) It shall be a misdemeanor for any person to divulge
any information provided under this section that would
reveal the business operation of the person making the
report. However, nothing contained in this subsection may
be construed to prevent or make unlawful the use of information concerning the business operations of a person in any
action, suit, or proceeding instituted under the authority of
this chapter, including any civil action for the collection of
unpaid inspection fees, which action is hereby authorized and
which shall be as an action at law in the name of the
director of the department. [1993 c 183 § 7; 1987 c 45 §
14.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.370 Official samples—Inspection, analysis,
testing—Right of entry. (1) It shall be the duty of the
department to inspect, sample, make analysis of, and test
commercial fertilizers distributed within this state at such
time and place and to such an extent as it may deem
necessary to determine whether such fertilizers are in
compliance with the provisions of this chapter. The department is authorized to stop any commercial vehicle transporting fertilizers on the public highways and direct it to the
nearest scales approved by the department to check weights
of fertilizers being delivered. The department is also
authorized, upon presentation of proper identification, to
enter any distributor’s premises, including any vehicle of
transport, at all reasonable times in order to have access to
commercial fertilizers and to records relating to their
distribution.
(2) The methods of sampling and analysis shall be those
adopted by the department from officially recognized
sources.
[Title 15 RCW—page 87]
15.54.370
Title 15 RCW: Agriculture and Marketing
(3) The department, in determining for administrative
purposes whether a fertilizer is deficient in any component
or total nutrients, shall be guided solely by the official
sample as defined in RCW 15.54.270 and obtained and
analyzed as provided for in this section.
(4) When the inspection and analysis of an official
sample has been made, the results of analysis shall be
forwarded by the department to the registrant or licensee and
to the purchaser, if known. Upon request and within thirty
days, the department shall furnish to the registrant or
licensee a portion of the sample concerned.
(5) Analysis of an official sample by the department
shall be accepted as prima facie evidence by any court of
competent jurisdiction. [1993 c 183 § 8; 1987 c 45 § 16;
1967 ex.s. c 22 § 25.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.380 Penalties for deficiencies upon analysis of
commercial fertilizers—Appeal—Disposition of penalties.
(1) If the analysis shall show that any commercial fertilizer
falls short of the guaranteed analysis in any one plant
nutrient or in total nutrients, penalty shall be assessed in
favor of the department in accordance with the following
provisions:
(a) A penalty of three times the commercial value of the
deficiency, if such deficiency in any one plant nutrient is
more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to
and including ten percent; a penalty of three times the
commercial value of the deficiency, if such deficiency in any
one plant nutrient is more than three percent under guarantee
on any one commercial fertilizer in which that plant nutrient
is guaranteed from ten and one-tenth percent to twenty percent; a penalty of three times the commercial value of the
deficiency, if such deficiency in any one plant nutrient is
more than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed
twenty and one-tenth percent and above.
(b) A penalty of three times the commercial value of the
total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total
nutrient guarantee.
(c) When a commercial fertilizer is subject to penalty
under both (a) and (b) of this subsection, only the larger
penalty shall be assessed.
(2) All penalties assessed under this section on any one
commercial fertilizer, represented by the sample analyzed,
shall be paid to the department within three months after the
date of notice from the department to the registrant or
licensee. The department shall deposit the amount of the
penalty into an account with the agricultural local fund.
(3) Nothing contained in this section shall prevent any
person from appealing to a court of competent jurisdiction
for a judgment as to the justification of such penalties
imposed under subsections (1) and (2) of this section.
(4) The civil penalties payable in subsections (1) and (2)
of this section shall in no manner be construed as limiting
the consumer’s right to bring a civil action in damage
against the registrant or licensee paying said civil penalties.
[1998 c 36 § 7; 1993 c 183 § 9; 1987 c 45 § 17; 1967 ex.s.
c 22 § 26.]
[Title 15 RCW—page 88]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.390 Determination and publication of commercial values—Use in assessment of penalty payments.
For the purpose of determining the commercial value to be
applied under the provisions of RCW 15.54.380, the department shall determine and publish the values per unit of
nitrogen, available phosphoric acid, and soluble potash in
commercial fertilizers in this state. The values so determined and published shall be used in determining and
assessing penalty payments and shall be established by rule.
[1987 c 45 § 18; 1967 ex.s. c 22 § 27.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.400 Restrictions on sale—Minimum percentages. No superphosphate containing less than eighteen
percent of available phosphoric acid may be sold or offered
for sale in this state. Specialty fertilizers, except manipulated animal and vegetable manures, guaranteeing less than five
percent total plant food shall contain on the label specific
directions for use, and prior to registration, the department
may require proof of the efficacy of the product when used
as directed. [1987 c 45 § 19; 1967 ex.s. c 22 § 28.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.412 Misbranding. No person may distribute
misbranded commercial fertilizer. A commercial fertilizer
shall be deemed to be misbranded:
(1) If its labeling bears any statement, design, or graphic
representation relative thereto or to its ingredients which is
false or misleading in any particular;
(2) If it is distributed under the name of another
fertilizer product;
(3) If its labeling bears any reference to registration
under this chapter unless such reference is required by rule
under this chapter;
(4) If any word, statement, or other information,
required by this chapter or rules adopted thereunder to
appear on the label or labeling, is not prominently placed
thereon with such conspicuousness (as compared with other
words, statements, design, or graphic matter in the labeling),
and in such terms as to render it likely to be read and
understood by the ordinary individual under customary
conditions of purchase and use; or
(5) If it purports to be or is represented as a fertilizer,
or is represented as containing a plant nutrient or fertilizer
unless such plant nutrient or fertilizer conforms to the
definition of identity, if any, prescribed by the department by
rule. In adopting such rules the department shall give due
regard to commonly accepted definitions and official
fertilizer terms such as those issued by the association of
American plant food control officials. [1987 c 45 § 20.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
(2002 Ed.)
Fertilizers, Minerals, and Limes
15.54.414 Adulteration. No person may distribute an
adulterated commercial fertilizer. A commercial fertilizer is
adulterated:
(1) If it contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant life
when applied in accordance with directions for use on the
label, or if adequate warning statements or directions for use
which may be necessary to protect plant life are not shown
upon the label;
(2) If its composition falls below or differs from that
which it is purported to possess by its labeling;
(3) If it contains unwanted viable seed; or
(4) If the concentration of any nonnutritive constituent
in a representative sample of commercial fertilizer exceeds
the maximum concentration stated on the registration
application or on the label. [1998 c 36 § 8; 1993 c 183 §
10; 1987 c 45 § 21.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.420 Unlawful acts. It shall be unlawful for any
person to:
(1) Distribute an adulterated or misbranded commercial
fertilizer;
(2) Fail, refuse, or neglect to place upon or attach to
each package of distributed commercial fertilizer a label
containing all of the information required by this chapter;
(3) Fail, refuse, or neglect to deliver to a purchaser of
bulk commercial fertilizer a statement containing the
information required by this chapter;
(4) Distribute a commercial fertilizer product which has
not been registered with the department;
(5) Distribute bulk fertilizer without holding a license to
do so;
(6) Refuse or neglect to keep and maintain records, or
to make reports when and as required; or
(7) Make false or fraudulent applications, records,
invoices, or reports. [1998 c 36 § 9; 1993 c 183 § 11; 1987
c 45 § 22; 1967 ex.s. c 22 § 30.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.430 Publication of distribution information,
analyses results. The department shall publish at least
annually and in such form as it may deem proper (1)
information concerning the distribution of commercial
fertilizers and (2) results of analyses based on official
samples as compared with the analyses guaranteed. [1967
ex.s. c 22 § 31.]
15.54.433 Fertilizer data base—Public availability—
Biennial report to legislature. (1) The department shall
expand its fertilizer data base to include additional information required for registration under RCW 15.54.325 and
15.54.330.
(2) Except for confidential information under RCW
15.54.362 regarding fertilizer tonnages distributed in the
state, information in the fertilizer data base shall be made
available to the public upon request.
(2002 Ed.)
15.54.414
(3) The department, and the department of ecology in
consultation with the department of health, shall biennially
prepare a report to the legislature presenting information on
levels of nonnutritive substances in fertilizers. Results from
agency testing of products that were sampled shall also be
displayed. The first such report will be provided to the
legislature by December 1, 1999.
(4) After July 1, 1999, the department shall post on the
internet the information contained in applications for
fertilizer registration. [1998 c 36 § 21.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.436 Cancellation of license to distribute or of
registration—Refusal to register if fraudulent or deceptive practices used—Opportunity for hearing. The
department may cancel the license to distribute commercial
fertilizer or registration of any commercial fertilizer product
or refuse to license a distributor or register any commercial
fertilizer product as provided in this chapter due to:
(1) An incomplete or insufficient license or registration
application;
(2) The misbranding or adulteration of a commercial
fertilizer; or
(3) A violation of this chapter or rules adopted under
this chapter.
If the department cancels or refuses to renew an existing
license or registration due to the misbranding or adulteration
of a commercial fertilizer or due to a violation of this
chapter or a rule adopted hereunder, the licensee/registrant
or applicant may request a hearing as provided for in chapter
34.05 RCW. [1998 c 36 § 10; 1993 c 183 § 12; 1987 c 45
§ 24.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.440 "Stop sale," "stop use," or "withdrawal
from distribution" order, when issued—Release—
Associated costs. (1) Commercial fertilizers that are not
registered in Washington state or that fail to meet the
Washington standards for total metals pose an emergency
situation because they may contain certain metals at levels
which are harmful to Washington soils and plants and may
contain substances which are harmful to the public without
its knowledge. Commercial fertilizers that are not registered
or that fail to meet the Washington standards for total metals
are subject to immediate stop sale, stop use, or withdrawal
from distribution in this state and seizure, disposal, or both.
(2) The department may issue and enforce a written
"stop sale," "stop use," or "withdrawal from distribution"
order to the distributor, owner, or custodian of any lot of
commercial fertilizer to hold the commercial fertilizer at a
designated place when the department has reasonable cause
to believe such fertilizer is being offered or exposed for sale
in violation of any of the provisions of this chapter.
(3) The department may issue and enforce a written
immediate "stop sale," "stop use," or "withdrawal from
distribution" order to any distributor, owner, or custodian of
commercial fertilizer in the state for any commercial
fertilizer that:
(a) Is not registered in Washington state; or
[Title 15 RCW—page 89]
15.54.440
Title 15 RCW: Agriculture and Marketing
(b) According to the department, fails to meet the
Washington standards for total metals, as established in
RCW 15.54.800 or the rules adopted under this chapter.
(4) The department shall release the commercial
fertilizer stopped or withdrawn under subsection (2) or (3) of
this section when the distributor, owner, or custodian has
complied with the provisions of this chapter and the rules
adopted under it and the department has issued a written
release order. If compliance is not or cannot be obtained,
the department may institute proceedings under RCW
15.54.450 or may agree in writing with the distributor,
owner, or custodian of the commercial fertilizer to an alternative disposition of the commercial fertilizer.
(5) All costs associated with any "stop sale," "stop use,"
or "withdrawal from distribution" incurred by the distributor,
owner, or custodian of a commercial fertilizer are the
responsibility of the distributor, owner, or custodian. [1999
c 383 § 3; 1987 c 45 § 23; 1967 ex.s. c 22 § 32.]
Effective date—1999 c 383: See note following RCW 15.54.325.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.450 Noncompliance—Seizure—Disposition—
Associated costs. (1) Any lot of commercial fertilizer not
in compliance with the provisions of this chapter shall be
subject to seizure on complaint of the department to a court
of competent jurisdiction in the area in which the commercial fertilizer is located.
(2) Any commercial fertilizer that is not registered in
the state or that fails to meet the Washington standards for
total metals is subject to seizure on complaint of the department in the name of the state to Thurston county superior
court or other court of competent jurisdiction.
(3) In the event the court finds, upon application by the
department under subsection (1) or (2) of this section, that
a commercial fertilizer violates this chapter or the rules
adopted under it and orders the condemnation of the commercial fertilizer, the commercial fertilizer shall be disposed
of in any manner consistent with the quality of the commercial fertilizer and the laws of the state: PROVIDED, That
in no instance shall the disposition of the commercial
fertilizer be ordered by the court without first giving the
claimant an opportunity to apply to the court for release of
the commercial fertilizer or for permission to process or
relabel the commercial fertilizer to bring it into compliance
with this chapter and the rules adopted under it.
(4) All costs associated with disposal are the responsibility of the distributor, owner, or custodian of the commercial fertilizer unless such a distributor, owner, or custodian
is the consumer or is a person whose role as a distributor,
owner, or custodian of the fertilizer is only that of a transporter of the fertilizer. Such disposal costs shall not be the
responsibility of the consumer or such a transporter of the
commercial fertilizer. [1999 c 383 § 4; 1967 ex.s. c 22 §
33.]
Effective date—1999 c 383: See note following RCW 15.54.325.
15.54.460 Damages from administrative action, stop
sales or seizures. No state court shall allow the recovery of
damages from administrative action taken or for stop sales
or seizures under RCW 15.54.440 and 15.54.450 if the court
[Title 15 RCW—page 90]
finds that there was probable cause for such action. [1967
ex.s. c 22 § 34.]
15.54.470 Violations—Department discretion—Duty
of prosecuting attorney—Injunctions. (1) Any person who
violates any provision of this chapter shall be guilty of a
misdemeanor, and the fines collected shall be disposed of as
provided under RCW 15.54.480.
(2) Nothing in this chapter shall be considered as
requiring the department to report for prosecution or to
cancel the registration of a commercial fertilizer product or
to stop the sale of fertilizers for violations of this chapter,
when violations are of a minor character, and/or when the
department believes that the public interest will be served
and protected by a suitable notice of the violation in writing.
(3) It shall be the duty of each prosecuting attorney to
whom any violation of this chapter is reported, to cause
appropriate proceedings to be instituted and prosecuted in a
court of competent jurisdiction without delay. Before the
department reports a violation of this chapter for such
prosecution, an opportunity shall be given the distributor to
present his or her view in writing or orally to the department.
(4) The department is hereby authorized to apply for,
and the court authorized to grant, a temporary or permanent
injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any
rule adopted under this chapter, notwithstanding the existence of any other remedy at law. Any such injunction shall
be issued without bond. [1998 c 36 § 11; 1993 c 183 § 13;
1967 ex.s. c 22 § 35.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.474 Penalty—Failure to comply with chapter
or rule. Every person who fails to comply with this chapter,
or any rule adopted under it, may be subjected to a civil
penalty, as determined by the director, in an amount of not
more than seven thousand five hundred dollars for every
such violation. Each and every such violation shall be a
separate and distinct offense. Every person, who, through an
act of commission or omission, procures, aids, or abets in
the violation shall be considered to have violated this chapter
and may be subject to the penalty provided for in this
section. [1998 c 36 § 12; 1987 c 45 § 10.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.480 Disposition of moneys. (1) Except as
provided in subsection (2) of this section, all moneys
collected under the provisions of this chapter shall be paid
to the director and deposited in an account within the
agricultural local fund. Such deposits shall be used only in
the administration and enforcement of this chapter.
(2) Moneys collected under RCW 15.54.474 shall be
deposited in the general fund. [1998 c 36 § 13; 1988 c 254
§ 3; 1975 1st ex.s. c 257 § 11; 1967 ex.s. c 22 § 36.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Effective date—1975 1st ex.s. c 257: See RCW
15.53.9053 and note.
(2002 Ed.)
Fertilizers, Minerals, and Limes
15.54.490 Cooperation with other entities. The
director may cooperate with and enter into agreements with
other governmental agencies, whether of this state, other
states, or agencies of the federal government, and with private associations, in order to carry out the purposes and
provisions of this chapter. [1967 ex.s. c 22 § 37.]
15.54.800 Enforcement of chapter—Adoption of
rules. (1) The director shall administer and enforce the
provisions of this chapter and any rules adopted under this
chapter. All authority and requirements provided for in
chapter 34.05 RCW apply to this chapter in the adoption of
rules.
(2) The director may adopt appropriate rules for
carrying out the purpose and provisions of this chapter,
including but not limited to rules providing for:
(a) Definitions of terms;
(b) Determining standards for labeling and registration
of commercial fertilizers;
(c) The collection and examination of commercial
fertilizers;
(d) Recordkeeping by registrants and licensees;
(e) Regulation of the use and disposal of commercial
fertilizers for the protection of ground water and surface
water; and
(f) The safe handling, transportation, storage, display,
and distribution of commercial fertilizers.
(3)(a) Standards are established for allowable levels of
nonnutritive substances in commercial fertilizers. These
standards are Canadian figures for agricultural and agri-food
Canadian maximum acceptable cumulative metal additions
to soil established under Trade Memorandum T-4-93 dated
August 1996. Washington application rates shall be used to
ensure that the maximum acceptable cumulative metal
additions to soil are not exceeded.
(b) If federal or other risk-based standards are adopted
or scientific peer-reviewed studies show that the standards
adopted in this section are not at the appropriate level to
protect human health or the environment, the department, in
consultation with the departments of ecology and health, may
initiate a rule making [may adopt a rule] to amend these
standards. [1998 c 36 § 15; 1997 c 427 § 3; 1993 c 183 §
14; 1987 c 45 § 9.]
Short title—1998 c 36: See note following RCW 15.54.265.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.54.820 Department of ecology—Waste-derived or
micronutrient fertilizer—Standards—Written decision—
Appeal of decision. (1) After receipt from the department
of the completed application required by RCW 15.54.325,
the department of ecology shall evaluate whether the use of
the proposed waste-derived fertilizer or the micronutrient
fertilizer as defined in RCW 15.54.270 is consistent with the
following:
(a) Chapter 70.95 RCW, the solid waste management
act;
(b) Chapter 70.105 RCW, the hazardous waste management act; and
(c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.
(2002 Ed.)
15.54.490
(2) The department of ecology shall apply the standards
adopted in RCW 15.54.800. If more stringent standards
apply under chapter 173-303 WAC for the same constituents,
the department of ecology must use the more stringent standards.
(3) Within sixty days of receiving the completed
application, the department of ecology shall advise the
department as to whether the application complies with the
requirements of subsections (1) and (2) of this section. In
making a determination, the department of ecology shall
consult with the department of health and the department of
labor and industries.
(4) A party aggrieved by a decision of the department
of ecology to issue a written approval under this section or
to deny the issuance of such an approval may appeal the
decision to the pollution control hearings board within thirty
days of the decision. Review of such a decision shall be
conducted in accordance with chapter 43.21B RCW. Any
subsequent appeal of a decision of the hearings board shall
be obtained in accordance with RCW 43.21B.180. [1998 c
36 § 16.]
Short title—1998 c 36: See note following RCW 15.54.265.
15.54.910 Prior liability preserved. The enactment
of this chapter shall not have the effect of terminating, or in
any way modifying any liability, civil or criminal, which
shall already be in existence on the effective date of this
chapter. [1967 ex.s. c 22 § 38.]
15.54.930 Effective date—1967 ex.s. c 22. The
effective date of this act is July 1, 1967. [1967 ex.s. c 22 §
40.]
15.54.940 Continuation of rules adopted pursuant
to repealed sections. The repeal of sections 15.54.010
through 15.54.250 and 15.54.900, chapter 11, Laws of 1961
and chapter 15.54 RCW and the enactment of this act shall
not be deemed to have repealed any rules adopted under the
provisions of sections 15.54.010 through 15.54.250 and
15.54.900, chapter 11, Laws of 1961 and chapter 15.54
RCW and in effect immediately prior to such repeal and not
inconsistent with the provisions of this act. All such rules
shall be considered to have been adopted under the provisions of this act. [1967 ex.s. c 22 § 41.]
Repeal of prior law by 1967 act: "Sections 15.54.010 through
15.54.250 and section 15.54.900, chapter 11, Laws of 1961 and RCW
15.54.010 through 15.54.250 and 15.54.900 are each repealed." [1967 ex.s.
c 22 § 43.]
15.54.950 Short title. RCW 15.54.270 through
15.54.490 and 15.54.910 through 15.54.940 shall be known
as the "Washington Commercial Fertilizer Act." [1967 ex.s.
c 22 § 42.]
15.54.960 Severability—1967 ex.s. c 22. If any
section or provision of this chapter shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the chapter as a whole or any section,
provision, or part thereof, not adjudged invalid or unconstitutional. [1967 ex.s. c 22 § 44.]
[Title 15 RCW—page 91]
Chapter 15.58
Title 15 RCW: Agriculture and Marketing
Chapter 15.58
WASHINGTON PESTICIDE CONTROL ACT
Sections
15.58.010
15.58.020
15.58.030
15.58.040
15.58.045
15.58.050
15.58.060
15.58.065
15.58.070
15.58.080
15.58.090
15.58.100
15.58.110
15.58.120
15.58.130
15.58.140
15.58.150
15.58.160
15.58.170
15.58.180
15.58.200
15.58.210
15.58.220
15.58.230
15.58.233
15.58.235
15.58.240
15.58.250
15.58.260
15.58.270
15.58.280
15.58.290
15.58.300
15.58.310
15.58.320
15.58.330
15.58.335
15.58.340
15.58.345
15.58.350
15.58.360
15.58.370
15.58.380
15.58.400
15.58.405
15.58.411
15.58.420
15.58.450
15.58.460
15.58.465
15.58.470
15.58.900
15.58.901
15.58.910
15.58.920
15.58.940
15.58.941
15.58.942
Short title.
Declaration of public interest.
Definitions.
Director’s authority—Rules.
Disposal of unusable pesticides—Rules.
Registration of pesticides—Generally.
Statement for registration—Contents.
Protection of privileged or confidential information.
Pesticide annual registration fee—Deposit in agricultural
local fund.
Additional fee for late registration renewal.
Certain agencies may register without fee—Not subject to
RCW 15.58.180.
Criterion for registering.
Refusing or canceling registration—Procedure.
Suspension of registration when hazard to public health.
"Misbranded" as applicable to pesticides, devices, or spray
adjuvants.
"Adulterated" as applicable to pesticides.
Unlawful practices.
Violations of chapter—"Stop sale, use or removal" order.
"Stop sale, use or removal" order—Adjudication.
Pesticide dealer license—Generally.
Pesticide dealer manager—License qualifications.
Pest control consultant licenses—Exemptions.
Public pest control consultant license.
Consultant’s license—Requirements.
Renewal of licenses—Recertification standards.
Renewal of licenses—Delinquency.
Classification of licenses.
Recordkeeping requirements.
Civil penalties and/or denial, suspension, or revocation of
license, registration or permit.
Subpoenas—Witness fees.
Sampling and examination of pesticides or devices—
Procedure when criminal proceedings contemplated.
Minor violations, warning notice in writing.
Persons exempted from certain penalties under RCW
15.58.150.
Pesticides for foreign export not in violation of chapter.
Certain pharmacists exempted from licensing provisions.
Violation of chapter—Misdemeanor.
Civil penalty.
Injunction.
Damages—Civil action not precluded.
Persons charged with enforcement barred from interest in
pesticides, devices.
No recovery of damages when probable cause.
Results of analyses to be published.
Board to advise director.
Cooperation and agreements with other agencies.
Emergency situations—Special local needs—Experimental
use permits.
Use of license fees—Deposit of money collected for civil
penalties.
Report to legislature.
Wood destroying organism inspection report—Unique inspection control number required.
Structural pest inspector—Evidence of financial responsibility—Surety bond or insurance policy.
Structural pest inspector—Surety bond or insurance policy—
Amount—Terms.
Structural pest inspector—Failure to meet financial responsibility requirements.
Effective date—1971 ex.s. c 190.
Effective date—2000 c 96.
Continuation of rules adopted pursuant to repealed sections.
Existing liabilities not affected.
Severability—1971 ex.s. c 190.
Severability—1979 c 146.
Severability—1989 c 380.
[Title 15 RCW—page 92]
15.58.010 Short title. This chapter may be known
and cited as the Washington Pesticide Control Act. [1971
ex.s. c 190 § 1.]
15.58.020 Declaration of public interest. The
formulation, distribution, storage, transportation, and disposal
of any pesticide and the dissemination of accurate scientific
information as to the proper use, or nonuse, of any pesticide,
is important and vital to the maintenance of a high level of
public health and welfare both immediate and future, and is
hereby declared to be a business affected with the public
interest. The provisions of this chapter are enacted in the
exercise of the police powers of the state for the purpose of
protecting the immediate and future health and welfare of the
people of the state. [1971 ex.s. c 190 § 2.]
15.58.030 Definitions. As used in this chapter the
words and phrases defined in this section shall have the
meanings indicated unless the context clearly requires
otherwise.
(1) "Active ingredient" means any ingredient which will
prevent, destroy, repel, control, or mitigate pests, or which
will act as a plant regulator, defoliant, desiccant, or spray
adjuvant.
(2) "Antidote" means the most practical immediate
treatment in case of poisoning and includes first aid treatment.
(3) "Arthropod" means any invertebrate animal that
belongs to the phylum arthropoda, which in addition to
insects, includes allied classes whose members are wingless
and usually have more than six legs; for example, spiders,
mites, ticks, centipedes, and isopod crustaceans.
(4) "Defoliant" means any substance or mixture of
substances intended to cause the leaves or foliage to drop
from a plant with or without causing abscission.
(5) "Department" means the Washington state department of agriculture.
(6) "Desiccant" means any substance or mixture of
substances intended to artificially accelerate the drying of
plant tissues.
(7) "Device" means any instrument or contrivance
intended to trap, destroy, control, repel, or mitigate pests, or
to destroy, control, repel or mitigate fungi, nematodes, or
such other pests, as may be designated by the director, but
not including equipment used for the application of pesticides when sold separately from the pesticides.
(8) "Director" means the director of the department or
a duly authorized representative.
(9) "Distribute" means to offer for sale, hold for sale,
sell, barter, or supply pesticides in this state.
(10) "EPA" means the United States environmental
protection agency.
(11) "EPA restricted use pesticide" means any pesticide
with restricted uses as classified for restricted use by the
administrator, EPA.
(12) "FIFRA" means the federal insecticide, fungicide,
and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec.
136 et seq.).
(13) "Fungi" means all nonchlorophyll-bearing
thallophytes (all nonchlorophyll-bearing plants of a lower
order than mosses and liverworts); for example, rusts, smuts,
(2002 Ed.)
Washington Pesticide Control Act
mildews, molds, yeasts, and bacteria, except those on or in
living persons or other animals.
(14) "Fungicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any fungi.
(15) "Herbicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any weed.
(16) "Inert ingredient" means an ingredient which is not
an active ingredient.
(17) "Ingredient statement" means a statement of the
name and percentage of each active ingredient together with
the total percentage of the inert ingredients in the pesticide,
and when the pesticide contains arsenic in any form, the
ingredient statement shall also include percentages of total
and water soluble arsenic, each calculated as elemental
arsenic. In the case of a spray adjuvant the ingredient
statement need contain only the names of the principal functioning agents and the total percentage of the constituents
ineffective as spray adjuvants. If more than three functioning agents are present, only the three principal ones need by
named.
(18) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously
segmented, and which for the most part belong to the class
insecta, comprising six-legged, usually winged forms, for
example, beetles, bugs, bees, flies, and to other allied classes
of arthropods whose members are wingless and usually have
more than six legs, for example, spiders, mites, ticks,
centipedes, and isopod crustaceans.
(19) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any insects which may be present in any environment
whatsoever.
(20) "Inspection control number" means a number
obtained from the department that is recorded on wood
destroying organism inspection reports issued by a structural
pest inspector in conjunction with the transfer, exchange, or
refinancing of any structure.
(21) "Label" means the written, printed, or graphic
matter on, or attached to, the pesticide, device, or immediate
container, and the outside container or wrapper of the retail
package.
(22) "Labeling" means all labels and other written,
printed, or graphic matter:
(a) Upon the pesticide, device, or any of its containers
or wrappers;
(b) Accompanying the pesticide, or referring to it in any
other media used to disseminate information to the public;
and
(c) To which reference is made on the label or in
literature accompanying or referring to the pesticide or
device except when accurate nonmisleading reference is
made to current official publications of the department,
United States departments of agriculture; interior; education;
health and human services; state agricultural colleges; and
other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
(23) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings, devices
and contrivances, appurtenant thereto or situated thereon,
fixed or mobile, including any used for transportation.
(2002 Ed.)
15.58.030
(24) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed using a master application and a master license
expiration date common to each renewable license endorsement.
(25) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(26) "Nematode" means any invertebrate animal of the
phylum nemathelminthes and class nematoda, that is,
unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water,
plants or plant parts, may also be called nemas or eelworms.
(27) "Person" means any individual, partnership,
association, corporation, or organized group of persons
whether or not incorporated.
(28) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed and any form of plant or
animal life or virus, except virus on or in a living person or
other animal, which is normally considered to be a pest or
which the director may declare to be a pest.
(29) "Pest control consultant" means any individual who
acts as a structural pest inspector, who sells or offers for sale
at other than a licensed pesticide dealer outlet or location
where they are employed, or who offers or supplies technical
advice, supervision, or aid, or makes recommendations to the
user of:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use
pesticides which are restricted by rule to distribution by
licensed pesticide dealers only; or
(c) Any other pesticide except those pesticides which
are labeled and intended for home and garden use only.
(30) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect,
rodent, snail, slug, fungus, weed, and any other form of plant
or animal life or virus, except virus on or in a living person
or other animal which is normally considered to be a pest or
which the director may declare to be a pest;
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant.
(31) "Pesticide advisory board" means the pesticide
advisory board as provided for in the Washington pesticide
application act.
(32) "Pesticide dealer" means any person who distributes any of the following pesticides:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use
pesticides which are restricted by rule to distribution by
licensed pesticide dealers only; or
(c) Any other pesticide except those pesticides which
are labeled and intended for home and garden use only.
(33) "Pesticide dealer manager" means the owner or
other individual supervising pesticide distribution at one
outlet holding a pesticide dealer license.
(34) "Plant regulator" means any substance or mixture
of substances intended through physiological action, to
[Title 15 RCW—page 93]
15.58.030
Title 15 RCW: Agriculture and Marketing
accelerate or retard the rate of growth or maturation, or to
otherwise alter the behavior of ornamental or crop plants or
their produce, but shall not include substances insofar as they
are intended to be used as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, or soil amendments.
(35) "Registrant" means the person registering any
pesticide under the provisions of this chapter.
(36) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with
a widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse
effects on the environment including people, lands, beneficial
insects, animals, crops, and wildlife, other than pests.
(37) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director
may declare by rule to be a pest.
(38) "Spray adjuvant" means any wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent,
deflocculating agent, water modifier, or similar agent with or
without toxic properties of its own, intended to be used with
any other pesticide as an aid to the application or to the
effect of the pesticide, and which is in a package or container separate from that of the pesticide with which it is to be
used.
(39) "Special local needs registration" means a registration issued by the director pursuant to provisions of section
24(c) of FIFRA.
(40) "Structural pest inspector" means any individual
who performs the service of inspecting a building for wood
destroying organisms, their damage, or conditions conducive
to their infestation.
(41) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment
taking into account the economic, social, and environmental
costs and benefits of the use of any pesticide, or as otherwise determined by the director.
(42) "Weed" means any plant which grows where not
wanted.
(43) "Wood destroying organism inspection report"
means any written document that reports or comments on the
presence or absence of wood destroying organisms, their
damage, and/or conducive conditions leading to the establishment of such organisms. [2000 c 96 § 1; 1992 c 170 § 1;
1991 c 264 § 1; 1989 c 380 § 1; 1982 c 182 § 26; 1979 c
146 § 1; 1971 ex.s. c 190 § 3.]
Severability—1982 c 182: See RCW 19.02.901.
15.58.040 Director’s authority—Rules. (1) The
director shall administer and enforce the provisions of this
chapter and rules adopted under this chapter. All the
authority and requirements provided for in chapter 34.05
RCW (Administrative Procedure Act) and chapter 42.30
RCW shall apply to this chapter in the adoption of rules
including those requiring due notice and a hearing for the
adoption of permanent rules.
(2) The director is authorized to adopt appropriate rules
for carrying out the purpose and provisions of this chapter,
including but not limited to rules providing for:
[Title 15 RCW—page 94]
(a) Declaring as a pest any form of plant or animal life
or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;
(b) Determining that certain pesticides are highly toxic
to people. For the purpose of this chapter, highly toxic
pesticide means any pesticide that conforms to the criteria in
40 C.F.R. Sec. 156.10 for toxicity category I due to oral
inhalation or dermal toxicity. The director shall publish a
list of all pesticides, determined to be highly toxic, by their
common or generic name and their trade or brand name if
practical. Such list shall be kept current and shall, upon
request, be made available to any interested party;
(c) Determining standards for denaturing pesticides by
color, taste, odor, or form;
(d) The collection and examination of samples of
pesticides or devices;
(e) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;
(f) Restricting or prohibiting the use of certain types of
containers or packages for specific pesticides. These
restrictions may apply to type of construction, strength,
and/or size to alleviate danger of spillage, breakage, misuse,
or any other hazard to the public. The director shall be
guided by federal regulations concerning pesticide containers;
(g) Procedures in making of pesticide recommendations;
(h) Adopting a list of restricted use pesticides for the
state or for designated areas within the state if the director
determines that such pesticides may require rules restricting
or prohibiting their distribution or use. The director may
include in the rule the time and conditions of distribution or
use of such restricted use pesticides and may, if it is found
necessary to carry out the purpose and provisions of this
chapter, require that any or all restricted use pesticides shall
be purchased, possessed, or used only under permit of the
director and under the director’s direct supervision in certain
areas and/or under certain conditions or in certain quantities
or concentrations. The director may require all persons
issued such permits to maintain records as to the use of all
the restricted use pesticides;
(i) Label requirements of all pesticides required to be
registered under provisions of this chapter;
(j) Regulating the labeling of devices;
(k) The establishment of criteria governing the conduct
of a structural pest inspection; and
(l) Declaring crops, when grown to produce seed
specifically for crop reproduction purposes, to be nonfood
and/or nonfeed sites of pesticide application. The director
may include in the rule any restrictions or conditions regarding: (i) The application of pesticides to the designated
crops; and (ii) the disposition of any portion of the treated
crop.
(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director
may adopt rules in conformity with the primary pesticide
standards, particularly as to labeling, established by the
United States environmental protection agency or any other
federal agency. [2000 c 96 § 8; 1997 c 242 § 1; 1996 c 188
§ 4; 1991 c 264 § 2; 1989 c 380 § 2; 1971 ex.s. c 190 § 4.]
(2002 Ed.)
Washington Pesticide Control Act
15.58.045 Disposal of unusable pesticides—Rules.
The director of agriculture may adopt rules to allow the
department of agriculture to take possession and dispose of
canceled, suspended, or otherwise unusable pesticides held
by persons licensed under chapter 15.58 RCW or regulated
under chapter 17.21 RCW. For purposes of this section, the
department may become licensed as a hazardous waste
generator. The department may set fees to cover expenses
in connection with pesticide waste received from persons
licensed under chapter 15.58 RCW. [1989 c 354 § 57.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.58.050 Registration of pesticides—Generally.
(Effective until January 1, 2003.) Every pesticide which is
distributed within this state or delivered for transportation or
transported in intrastate commerce or between points within
this state through any point outside this state shall be
registered with the director subject to the provisions of this
chapter. Such registration shall be renewed annually prior
to January 1: PROVIDED, That registration is not required
if a pesticide is shipped from one plant or warehouse to
another plant or warehouse operated by the same person and
used solely at such plant or warehouse as a constituent part
to make a pesticide which is registered under the provisions
of this chapter; or if a written permit has been obtained from
the director to distribute or use the specific pesticide for
experimental purposes subject to restrictions and conditions
set forth in the permit. [1989 c 380 § 3; 1971 ex.s. c 190 §
5.]
15.58.050 Registration of pesticides—Generally.
(Effective January 1, 2003.) Every pesticide which is
distributed within this state or delivered for transportation or
transported in intrastate commerce or between points within
this state through any point outside this state shall be
registered with the director subject to the provisions of this
chapter. However, registration is not required if: A pesticide is shipped from one plant or warehouse to another plant
or warehouse operated by the same person and used solely
at such plant or warehouse as a constituent part to make a
pesticide which is registered under the provisions of this
chapter; or a written permit has been obtained from the
director to distribute or use the specific pesticide for experimental purposes subject to restrictions and conditions set
forth in the permit. [2002 c 274 § 1; 1989 c 380 § 3; 1971
ex.s. c 190 § 5.]
Effective date—Expiration date—2002 c 274: "(1) Sections 1, 2,
and 4 of this act take effect January 1, 2003.
(2) Section 2 of this act expires January 1, 2004." [2002 c 274 § 5.]
15.58.060 Statement for registration—Contents. (1)
The applicant for registration shall file a statement with the
department which shall include:
(a) The name and address of the applicant and the name
and address of the person whose name will appear on the
label, if other than the applicant’s;
(b) The name of the pesticide;
(c) The complete formula of the pesticide, including the
active and inert ingredients: PROVIDED, That confidential
business information of a proprietary nature is not made
(2002 Ed.)
15.58.045
available to any other person and is exempt from disclosure
as a public record, as provided by RCW 42.17.260;
(d) Other necessary information required for completion
of the department’s application for registration form; and
(e) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions and precautions for use.
(2) The director may require a full description of the
tests made and the results thereof upon which the claims are
based.
(3) The director may prescribe other necessary information by rule. [1989 c 380 § 4; 1971 ex.s. c 190 § 6.]
15.58.065 Protection of privileged or confidential
information. (1) In submitting data required by this chapter,
the applicant may:
(a) Mark clearly any portions which in the applicant’s
opinion are trade secrets or commercial or financial information; and
(b) Submit such marked material separately from other
material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter
or other law, the director shall not make public information
which in the director’s judgment should be privileged or
confidential because it contains or relates to trade secrets or
commercial or financial information except that, when necessary to carry out the provisions of this chapter, information
relating to unpublished formulas of products acquired by
authorization of this chapter may be revealed to any state or
federal agency consulted and may be revealed at a public
hearing or in findings of fact issued by the director when
necessary under this chapter.
(3) If the director proposes to release for inspection
information which the applicant or registrant believes to be
protected from disclosure under subsection (2) of this
section, the director shall notify the applicant or registrant in
writing, by certified mail. The director shall not thereafter
make available for inspection such data until thirty days after
receipt of the notice by the applicant or registrant. During
this period, the applicant or registrant may institute an action
in the superior court of Thurston county for a declaratory
judgment as to whether such information is subject to
protection under subsection (2) of this section. [1989 c 380
§ 5; 1979 c 146 § 4.]
15.58.070 Pesticide annual registration fee—Deposit
in agricultural local fund. (Effective until January 1,
2003.) (1) Any person desiring to register a pesticide with
the department shall pay to the director an annual registration fee for each pesticide registered by the department
for such person. The registration fee shall be one hundred
forty-five dollars for each pesticide registered.
(2) The revenue generated by the registration fees shall
be deposited in the agricultural local fund to support the
activities of the pesticide program within the department.
(3) All pesticide registrations expire on December 31st
of each year. A registrant may elect to register a pesticide
for a two-year period by prepaying for a second year at the
time of registration.
(4) Any registration approved by the director and in
effect on the 31st day of December for which a renewal
[Title 15 RCW—page 95]
15.58.070
Title 15 RCW: Agriculture and Marketing
application has been made and the proper fee paid, continues
in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise
denied in accord with the provision of RCW 15.58.110.
[1997 c 242 § 2; 1995 c 374 § 66; 1994 c 46 § 1; 1989 c
380 § 6; 1983 c 95 § 2; 1971 ex.s. c 190 § 7.]
Effective date—1997 c 242: "Sections 2, 4 through 7, 11 through 15,
17, and 22 of this act take effect January 1, 1998." [1997 c 242 § 23.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Effective date—1994 c 46: "Sections 1 through 20, 26, and 27 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [March 21, 1994]." [1994 c
46 § 28.]
15.58.070 Pesticide annual registration fee—
Expiration of registrations—Deposit in agricultural local
fund. (Effective January 1, 2003, until January 1, 2004.)
(1) Except under subsection (2) of this section:
(a) All registrations issued by the department to registrants whose names begin with the letters A through N
expire December 31, 2004; and
(b) All registrations issued by the department to registrants whose names begin with the letters O through Z expire
December 31, 2003.
(2) All registrations issued by the department to a
registrant who is applying to register an additional pesticide
during the second year of the registrant’s registration period
shall expire December 31st of that year.
(3) An application for registration shall be accompanied
by a fee of two hundred ninety dollars for each pesticide,
except that:
(a) An application for registration submitted by a
registrant whose name begins with the letters O through Z
shall be accompanied by a fee of one hundred forty-five
dollars for each pesticide; and
(b) A registrant who is applying to register an additional
pesticide during the year the registrant’s registration expires
shall pay a fee of one hundred forty-five dollars for each
additional pesticide.
(4) Fees shall be deposited in the agricultural local fund
to support the activities of the pesticide program within the
department.
(5) Any registration approved by the director and in
effect on the last day of the registration period, for which a
renewal application has been made and the proper fee paid,
continues in full force and effect until the director notifies
the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.
[2002 c 274 § 2; 1997 c 242 § 2; 1995 c 374 § 66; 1994 c
46 § 1; 1989 c 380 § 6; 1983 c 95 § 2; 1971 ex.s. c 190 §
7.]
Effective date—Expiration date—2002 c 274: See note following
RCW 15.58.050.
Effective date—1997 c 242: "Sections 2, 4 through 7, 11 through 15,
17, and 22 of this act take effect January 1, 1998." [1997 c 242 § 23.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Effective date—1994 c 46: "Sections 1 through 20, 26, and 27 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
[Title 15 RCW—page 96]
institutions, and shall take effect immediately [March 21, 1994]." [1994 c
46 § 28.]
15.58.070 Pesticide annual registration fee—
Expiration of registrations—Deposit in agricultural local
fund. (Effective January 1, 2004.) (1) All registrations
issued by the department expire December 31st of the
following year except that registrations issued by the
department to a registrant who is applying to register an
additional pesticide during the second year of the registrant’s
registration period shall expire December 31st of that year.
(2) An application for registration shall be accompanied
by a fee of two hundred ninety dollars for each pesticide,
except that a registrant who is applying to register an
additional pesticide during the year the registrant’s registration expires shall pay a fee of one hundred forty-five
dollars for each additional pesticide.
(3) Fees shall be deposited in the agricultural local fund
to support the activities of the pesticide program within the
department.
(4) Any registration approved by the director and in
effect on the last day of the registration period, for which a
renewal application has been made and the proper fee paid,
continues in full force and effect until the director notifies
the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.
[2002 c 274 § 3; 1997 c 242 § 2; 1995 c 374 § 66; 1994 c
46 § 1; 1989 c 380 § 6; 1983 c 95 § 2; 1971 ex.s. c 190 §
7.]
Effective date—2002 c 274 § 3: "Section 3 of this act takes effect
January 1, 2004." [2002 c 274 § 6.]
Effective date—1997 c 242: "Sections 2, 4 through 7, 11 through 15,
17, and 22 of this act take effect January 1, 1998." [1997 c 242 § 23.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Effective date—1994 c 46: "Sections 1 through 20, 26, and 27 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [March 21, 1994]." [1994 c
46 § 28.]
15.58.080 Additional fee for late registration
renewal. (Effective until January 1, 2003.) If the renewal
of a pesticide registration or special needs registration is not
filed before January 1st of each year, an additional fee of
twenty-five dollars shall be assessed and added to the
original fee. The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be
issued unless the applicant furnishes an affidavit certifying
that the applicant did not distribute the unregistered pesticide
during the period of nonregistration. The payment of the
additional fee is not a bar to any prosecution for doing
business without proper registry. [1994 c 46 § 2; 1989 c
380 § 7; 1983 c 95 § 3; 1971 ex.s. c 190 § 8.]
Effective date—1994 c 46: See note following RCW 15.58.070.
15.58.080 Additional fee for late registration
renewal. (Effective January 1, 2003.) If the renewal of a
pesticide registration or special needs registration is not filed
by the day the registration expires, an additional fee of fifty
dollars shall be assessed and added to the original fee. The
additional fee shall be paid by the applicant before the
(2002 Ed.)
Washington Pesticide Control Act
registration renewal for that pesticide shall be issued unless
the applicant furnishes an affidavit certifying that the
applicant did not distribute the unregistered pesticide during
the period of nonregistration. The payment of the additional
fee is not a bar to any prosecution for doing business
without proper registry. [2002 c 274 § 4; 1994 c 46 § 2;
1989 c 380 § 7; 1983 c 95 § 3; 1971 ex.s. c 190 § 8.]
Effective date—Expiration date—2002 c 274: See note following
RCW 15.58.050.
Effective date—1994 c 46: See note following RCW 15.58.070.
15.58.090 Certain agencies may register without
fee—Not subject to RCW 15.58.180. All federal, state, and
county agencies shall register without fee all pesticides sold
by them and they shall not be subject to the license provisions of RCW 15.58.180. [1971 ex.s. c 190 § 9.]
15.58.100 Criterion for registering. (1) The director
shall require the information required under RCW 15.58.060
and shall register the label or labeling for such pesticide if
he determines that:
(a) Its composition is such as to warrant the proposed
claims for it;
(b) Its labeling and other material required to be
submitted comply with the requirements of this chapter;
(c) It will perform its intended function without unreasonable adverse effects on the environment;
(d) When used in accordance with widespread and
commonly recognized practice it will not generally cause
unreasonable adverse effects on the environment;
(e) In the case of any pesticide subject to section 24(c)
of FIFRA, it meets (1)(a), (b), (c), and (d) of this section
and the following criteria:
(i) The proposed classification for general use, for
restricted use, or for both is in conformity with section 3(d)
of FIFRA;
(ii) A special local need exists.
(2) The director shall not make any lack of essentiality
a criterion for denying registration of any pesticide. [1979
c 146 § 2; 1971 ex.s. c 190 § 10.]
15.58.110 Refusing or canceling registration—
Procedure. (1) If it does not appear to the director that the
pesticide is such as to warrant the proposed claims for it or
if the pesticide and its labeling and other material required
to be submitted do not comply with the provisions of this
chapter or rules adopted under this chapter, the registrant
shall be notified of the manner in which the pesticide,
labeling, or other material required to be submitted fails to
comply with the provisions of this chapter so as to afford the
applicant an opportunity to make the necessary corrections.
If, upon receipt of such notice, the applicant does not make
the corrections the director shall refuse to register the
pesticide. The applicant may request a hearing as provided
for in chapter 34.05 RCW.
(2) The director may, when the director determines that
a pesticide or its labeling does not comply with the provisions of this chapter or the rules adopted under this chapter,
cancel the registration of a pesticide after a hearing in
accordance with the provisions of chapter 34.05 RCW.
[1989 c 380 § 8; 1971 ex.s. c 190 § 11.]
(2002 Ed.)
15.58.080
15.58.120 Suspension of registration when hazard
to public health. The director may, when the director
determines that there is or may be an imminent hazard to the
public health and welfare, suspend on the director’s own
motion, the registration of a pesticide in conformance with
the provisions of chapter 34.05 RCW. [1989 c 380 § 9;
1971 ex.s. c 190 § 12.]
15.58.130 "Misbranded" as applicable to pesticides,
devices, or spray adjuvants. The term "misbranded" shall
apply:
(1) To any pesticide or device if its labeling bears any
statement, design, or graphic representation relative thereto
or to its ingredients which is false or misleading in any
particular;
(2) To any pesticide:
(a) If it is an imitation of or is offered for sale under the
name of another pesticide;
(b) If its labeling bears any reference to registration
under the provision of this chapter unless such reference be
required by rules under this chapter;
(c) If any word, statement, or other information,
required by this chapter or rules adopted under this chapter
to appear on the label or labeling, is not prominently placed
thereon with such conspicuousness (as compared with other
words, statements, designs, or graphic matter in the labeling),
and in such terms as to render it likely to be read and
understood by the ordinary individual under customary
conditions of purchase and use;
(d) If the label does not bear:
(i) The name and address of the manufacturer, registrant
or person for whom manufactured;
(ii) Name, brand or trademark under which the pesticide
is sold;
(iii) An ingredient statement on that part of the immediate container and on the outside container or wrapper, if
there be one, through which the ingredient statement on the
immediate container cannot be clearly read, of the retail
package which is presented or displayed under customary
conditions of purchase: PROVIDED, That the director may
permit the ingredient statement to appear prominently on
some other part of the container, if the size or form of the
container makes it impracticable to place it on the part of the
retail package which is presented or displayed under customary conditions of purchase;
(iv) Directions for use and a warning or caution statement which are necessary and which if complied with would
be adequate to protect the public and to prevent injury to the
public, including living people, useful vertebrate animals,
useful vegetation, useful invertebrate animals, wildlife, and
land; and
(v) The weight or measure of the content, subject to the
provisions of chapter 19.94 RCW (state weights and measures act) as enacted or hereafter amended.
(e) If that pesticide contains any substance or substances
in quantities highly toxic to people, determined as provided
by RCW 15.58.040, unless the label bears, in addition to any
other matter required by this chapter:
(i) The skull and crossbones;
(ii) The word "POISON" in red prominently displayed
on a background of distinctly contrasting color; and
[Title 15 RCW—page 97]
15.58.130
Title 15 RCW: Agriculture and Marketing
(iii) A statement of an antidote for the pesticide.
(f) If the pesticide container does not bear a label or if
the label does not contain all the information required by this
chapter or the rules adopted under this chapter.
(3) To a spray adjuvant when the label fails to state the
type or function of the principal functioning agents. [1989
c 380 § 10; 1971 ex.s. c 190 § 13.]
15.58.140 "Adulterated" as applicable to pesticides.
The term "adulterated" shall apply to any pesticide if its
strength or purity deviates from the professed standard or
quality as expressed on its labeling or under which it is sold,
or if any substance has been substituted wholly or in part for
the pesticide, or if any valuable constituent of the pesticide
has been wholly or in part abstracted, or if any contaminant
is present in an amount which is determined by the director
to be a hazard. [1971 ex.s. c 190 § 14.]
15.58.150 Unlawful practices. (1) It is unlawful for
any person to distribute within the state or deliver for
transportation or transport in intrastate commerce or between
points within this state through any point outside this state
any of the following:
(a) Any pesticide which has not been registered pursuant
to the provisions of this chapter;
(b) Any pesticide if any of the claims made for it or any
of the directions for its use or other labeling differs from the
representations made in connection with its registration, or
if the composition of a pesticide differs from its composition
as represented in connection with its registration: PROVIDED, That at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a
registration period without requiring reregistration of the
product;
(c) Any pesticide unless it is in the registrant’s or the
manufacturer’s unbroken immediate container and there is
affixed to such container, and to the outside container or
wrapper of the retail package, if there is one through which
the required information on the immediate container cannot
be clearly read, a label bearing the information required in
this chapter and the rules adopted under this chapter;
(d) Any pesticide including arsenicals, fluorides,
fluosilicates, and/or any other white powdered pesticides
unless they have been distinctly denatured as to color, taste,
odor, or form if so required by rule;
(e) Any pesticide which is adulterated or misbranded, or
any device which is misbranded;
(f) Any pesticide in containers, violating rules adopted
pursuant to RCW 15.58.040(2)(f) or pesticides found in
containers which are unsafe due to damage.
(2) It shall be unlawful:
(a) To sell or deliver any pesticide to any person who
is required by law or rules promulgated under such law to be
certified, licensed, or have a permit to use or purchase the
pesticide unless such person or the person’s agent, to whom
sale or delivery is made, has a valid certification, license, or
permit to use or purchase the kind and quantity of such
pesticide sold or delivered: PROVIDED, That, subject to
conditions established by the director, such permit may be
obtained immediately prior to sale or delivery from any
person designated by the director;
[Title 15 RCW—page 98]
(b) For any person to detach, alter, deface or destroy,
wholly or in part, any label or labeling provided for in this
chapter or rules adopted under this chapter, or to add any
substance to, or take any substance from, a pesticide in a
manner that may defeat the purpose of this chapter or the
rules adopted thereunder;
(c) For any person to use or cause to be used any
pesticide contrary to label directions or to regulations of the
director if those regulations differ from or further restrict the
label directions: PROVIDED, The compliance to the term
"contrary to label directions" is enforced by the director
consistent with the intent of this chapter;
(d) For any person to use for his or her own advantage
or to reveal, other than to the director or proper officials or
employees of the state, or to the courts of the state in
response to a subpoena, or to physicians, or in emergencies
to pharmacists and other qualified persons for use in the
preparation of antidotes, any information relative to formulas
of products acquired by authority of RCW 15.58.060;
(e) For any person to make false, misleading, or
erroneous statements or reports concerning any pest during
or after a pest inspection or to fail to comply with criteria
established by rule for structural pest inspections;
(f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide
complaint or investigation;
(g) For any person to advertise that the person is a
licensed structural pest inspector without having a valid pest
control consultant license in the category of structural pest
inspector. [2000 c 96 § 6; 1991 c 264 § 3; 1989 c 380 § 11;
1987 c 45 § 25; 1979 c 146 § 3; 1971 ex.s. c 190 § 15.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
15.58.160 Violations of chapter—"Stop sale, use or
removal" order. When the director has reasonable cause to
believe a pesticide or device is being distributed, stored, or
transported in violation of any of the provisions of this
chapter, or of any of the prescribed rules under this chapter,
the director may issue and serve a written "stop sale, use or
removal" order upon the owner or custodian of any such
pesticide or device. If the owner or custodian is not available for service of the order, the director may attach the
order to the pesticide or device. The pesticide or device
shall not be sold, used or removed until the provisions of
this chapter have been complied with and the pesticide or
device has been released in writing under conditions specified by the director, or the violation has been otherwise
disposed of as provided in this chapter by a court of competent jurisdiction. [1989 c 380 § 12; 1971 ex.s. c 190 § 16.]
15.58.170 "Stop sale, use or removal" order—
Adjudication. (1) After service of a "stop sale, use or
removal" order is made upon any person, either that person
or the director may file an action in a court of competent
jurisdiction in the county in which a violation of this chapter
or rules adopted under this chapter is alleged to have
occurred for an adjudication of the alleged violation. The
court in such action may issue temporary or permanent
injunctions mandatory or restraining, and such intermediate
orders as it deems necessary or advisable. The court may
(2002 Ed.)
Washington Pesticide Control Act
order condemnation of any pesticide or device which does
not meet the requirements of this chapter or rules adopted
under this chapter: PROVIDED, That no authority is
granted hereunder to affect the sale or use of products on
which legally approved pesticides have been legally used.
(2) If the pesticide or device is condemned, it shall,
after entry of decree, be disposed of by destruction or sale
as the court directs, and the proceeds, if such pesticide or
device is sold, less cost including legal costs, shall be paid
to the state treasury: PROVIDED, That the pesticide or
device shall not be sold contrary to the provisions of this
chapter or rules adopted under this chapter. Upon payment
of costs and execution and delivery of a good and sufficient
bond conditioned that the pesticide or device shall not be
disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.
(3) When a decree of condemnation is entered against
the pesticide, court costs, fees, and storage and other proper
expenses shall be awarded against the person, if any,
appearing as claimant of the pesticide. [1997 c 242 § 3;
1989 c 380 § 13; 1971 ex.s. c 190 § 17.]
15.58.180 Pesticide dealer license—Generally. (1)
Except as provided in subsections (4) and (5) of this section,
it is unlawful for any person to act in the capacity of a
pesticide dealer or advertise as or assume to act as a pesticide dealer without first having obtained an annual license
from the director. The license shall expire on the master
license expiration date. A license is required for each
location or outlet located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this
state and who distributes such pesticides directly into this
state shall obtain a pesticide dealer license for his or her
principal out-of-state location or outlet, but such licensed
out-of-state pesticide dealer is exempt from the pesticide
dealer manager requirements.
(2) Application for a license shall be accompanied by a
fee of fifty dollars and shall be made through the master
license system and shall include the full name of the person
applying for the license and the name of the individual
within the state designated as the pesticide dealer manager.
If the applicant is a partnership, association, corporation, or
organized group of persons, the full name of each member
of the firm or partnership or the names of the officers of the
association or corporation shall be given on the application.
The application shall further state the principal business
address of the applicant in the state and elsewhere, the name
of a person domiciled in this state authorized to receive and
accept service of summons of legal notices of all kinds for
the applicant, and any other necessary information prescribed
by the director.
(3) It is unlawful for any licensed dealer outlet to
operate without a pesticide dealer manager who has a license
of qualification. The department shall be notified forthwith
of any change in the pesticide dealer manager designee
during the licensing period.
(4) This section does not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part
of the applicator’s pesticide application service when such
(2002 Ed.)
15.58.170
pesticides are dispensed only through apparatuses used for
such pesticide application, or (b) any federal, state, county,
or municipal agency that provides pesticides only for its own
programs.
(5) A user of a pesticide may distribute a properly
labeled pesticide to another user who is legally entitled to
use that pesticide without obtaining a pesticide dealer’s
license if the exclusive purpose of distributing the pesticide
is keeping it from becoming a hazardous waste as defined in
chapter 70.105 RCW. [1997 c 242 § 4; 1989 c 380 § 14;
1983 c 95 § 4; 1982 c 182 § 27; 1971 ex.s. c 190 § 18.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1982 c 182: See RCW 19.02.901.
Master license system: Chapter 19.02 RCW.
15.58.200 Pesticide dealer manager—License
qualifications. The director shall require each pesticide
dealer manager to demonstrate to the director knowledge of
pesticide laws and rules; pesticide hazards; and the safe
distribution, use and application, and disposal of pesticides
by satisfactorily passing a written examination after which
the director shall issue a license of qualification. Application
for a license shall be accompanied by a fee of twenty-five
dollars. The pesticide dealer manager license shall be an
annual license expiring on a date set by rule by the director.
[1997 c 242 § 5; 1992 c 170 § 2; 1991 c 109 § 38; 1989 c
380 § 15; 1981 c 297 § 19; 1971 ex.s. c 190 § 20.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
15.58.210 Pest control consultant licenses—
Exemptions. (1) Except as provided in subsection (2) of
this section, no individual may perform services as a pest
control consultant without obtaining a license from the
director. The license shall expire annually on a date set by
rule by the director. Except as provided in subsection (3) of
this section, no individual may act as a structural pest
inspector without first obtaining from the director a pest
control consultant license in the special category of structural
pest inspector. Application for a license shall be on a form
prescribed by the director and shall be accompanied by a fee
of forty-five dollars.
(2) The following are exempt from the licensing
requirements of subsection (1) of this section when acting
within the authorities of their existing licenses issued under
chapter 17.21 RCW: Licensed commercial pesticide
applicators and operators; licensed private-commercial
applicators; and licensed demonstration and research applicators. The following are also exempt from the licensing
requirements of subsection (1) of this section: Employees of
federal, state, county, or municipal agencies when acting in
their official governmental capacities; and pesticide dealer
managers and employees working under the direct supervision of the pesticide dealer manager and only at a licensed
pesticide dealer’s outlet.
(3) The following are exempt from the structural pest
inspector licensing requirement: Individuals inspecting for
damage caused by wood destroying organisms if such
inspections are solely for the purpose of: (a) Repairing or
making specific recommendations for the repair of such
damage, or (b) assessing a monetary value for the structure
[Title 15 RCW—page 99]
15.58.210
Title 15 RCW: Agriculture and Marketing
inspected. Individuals performing wood destroying organism
inspections that incorporate but are not limited to the
activities described in (a) or (b) of this subsection are not
exempt from the structural pest inspector licensing requirement. [2000 c 96 § 9; 1997 c 242 § 6; 1992 c 170 § 3.
Prior: 1991 c 264 § 4; 1991 c 109 § 39; 1989 c 380 § 16;
1983 c 95 § 5; 1971 ex.s. c 190 § 21.]
Effective date—1997 c 242: See note following RCW 15.58.070.
15.58.220 Public pest control consultant license.
For the purpose of this section public pest control consultant
means any individual who is employed by a governmental
agency or unit to act as a pest control consultant as defined
in *RCW 15.58.030(28). No person shall act as a public
pest control consultant without first obtaining a license from
the director. The license shall expire annually on a date set
by rule by the director. Application for a license shall be on
a form prescribed by the director and shall be accompanied
by a fee of twenty-five dollars. Federal and state employees
whose principal responsibilities are in pesticide research, the
jurisdictional health officer or a duly authorized representative, public pest control consultants licensed and working in
the health vector field, and public operators licensed under
RCW 17.21.220 shall be exempt from this licensing provision. [1997 c 242 § 7; 1991 c 109 § 40; 1989 c 380 § 17;
1986 c 203 § 4; 1981 c 297 § 20; 1971 ex.s. c 190 § 22.]
*Reviser’s note: RCW 15.58.030 was amended by 2000 c 96 § 1,
changing subsection (28) to subsection (29).
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1986 c 203: See note following RCW 15.17.230.
Severability—1981 c 297: See note following RCW 15.36.201.
15.58.230 Consultant’s license—Requirements. The
director shall require each applicant for a pest control
consultant’s license or a public pest control consultant’s
license to demonstrate to the director the applicant’s knowledge of pesticide laws and regulations; pesticide hazards; and
the safe distribution, use and application, and disposal of
pesticides by satisfactorily passing a written examination for
the classifications for which the applicant has applied prior
to issuing the license. [1989 c 380 § 18; 1971 ex.s. c 190
§ 23.]
15.58.233 Renewal of licenses—Recertification
standards. (1) The director may renew any license issued
under this chapter subject to the recertification standards
identified in subsection (2) of this section or an examination
requiring new knowledge that may be required to apply
pesticides.
(2) Except as provided in subsection (3) of this section,
all individuals licensed under this chapter shall meet the
recertification standards identified in (a) or (b) of this
subsection, every five years, in order to qualify for continuing licensure.
(a) Individuals licensed under this chapter may qualify
for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall
accumulate a minimum of forty department-approved credits
every five years with no more than fifteen credits allowed
per year.
[Title 15 RCW—page 100]
(b) Individuals licensed under this chapter may qualify
for continued licensure through meeting the examination
requirements necessary to become licensed in those areas in
which the licensee operates.
(3) At the termination of a licensee’s five-year recertification period, the director may waive the recertification
requirements if the licensee can demonstrate that he or she
is meeting comparable recertification standards through
another state or jurisdiction or through a federal environmental protection agency-approved government agency plan.
[2000 c 96 § 7; 1997 c 242 § 10.]
15.58.235 Renewal of licenses—Delinquency. (1) If
an application for renewal of a pesticide dealer license is not
filed on or before the master license expiration date, the
master license delinquency fee shall be assessed under
chapter 19.02 RCW and shall be paid by the applicant before
the renewal license is issued.
(2) If application for renewal of any license provided for
in this chapter other than the pesticide dealer license is not
filed on or before the expiration date of the license, a
penalty equivalent to the license fee shall be assessed and
added to the original fee, and shall be paid by the applicant
before the renewal license is issued: PROVIDED, That such
penalty shall not apply if the applicant furnishes an affidavit
certifying that he or she has not acted as a licensee subsequent to the expiration of the license.
(3) Any license for which a renewal application has
been made, all other requirements have been met, and the
proper fee paid, continues in full force and effect until the
director notifies the applicant that the license has been
renewed or the application has been denied. [1989 c 380 §
19.]
15.58.240 Classification of licenses. The director
may classify licenses to be issued under the provisions of
this chapter. Such classifications may include but not be
limited to agricultural crops, ornamentals, or noncrop land
herbicides. If the licensee has a classified license the
licensee shall be limited to practicing within these classifications. Each such classification shall be subject to separate
testing procedures and requirements: PROVIDED, That no
person shall be required to pay an additional license fee if
the person desires to be licensed in one or all of the license
classifications provided for by the director under the authority of this section. The director may charge an examination
fee established by the director by rule when an examination
is necessary, before a license may be issued or when
application for a license and examination is made at other
than a regularly scheduled examination date. The director
may renew any applicant’s license under the classification
for which the applicant is licensed, subject to reexamination
or other recertification standards as determined by the
director when deemed necessary because new knowledge or
new classifications are required to carry out the responsibilities of the licensee. [1989 c 380 § 20; 1986 c 203 § 5;
1971 ex.s. c 190 § 24.]
Severability—1986 c 203: See note following RCW 15.17.230.
15.58.250 Recordkeeping requirements. Any person
issued a license or permit under the provisions of this
(2002 Ed.)
Washington Pesticide Control Act
chapter may be required by the director to keep accurate
records on a form prescribed by the director which may
contain the following information:
(1) The delivery, movement or holding of any pesticide
or device, including the quantity;
(2) The date of shipment and receipt;
(3) The name of consignor and consignee; and
(4) Any other information, necessary for the enforcement of this chapter, as prescribed by the director.
The director shall have access to such records at any
reasonable time to copy or make copies of such records for
the purpose of carrying out the provisions of this chapter.
[1989 c 380 § 22; 1971 ex.s. c 190 § 25.]
15.58.260 Civil penalties and/or denial, suspension,
or revocation of license, registration or permit. The
director is authorized to impose a civil penalty and/or deny,
suspend, or revoke any license, registration or permit provided for in this chapter subject to a hearing and in
conformance with the provisions of chapter 34.05 RCW
(Administrative Procedure Act) in any case in which the director finds there has been a failure or refusal to comply
with the provisions of this chapter or rules adopted under
this chapter. [1989 c 380 § 23; 1985 c 158 § 2; 1971 ex.s.
c 190 § 26.]
15.58.270 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/or production of books, documents and records in the
county in which the person licensed under this chapter
resides in any hearing affecting the authority or privilege
granted by a license, registration or permit issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel, as provided for in chapter 2.40
RCW as enacted or hereafter amended. [1971 ex.s. c 190 §
27.]
15.58.280 Sampling and examination of pesticides
or devices—Procedure when criminal proceedings
contemplated. The sampling and examination of pesticides
or devices shall be made under the direction of the director
for the purpose of determining whether or not they comply
with the requirements of this chapter. The director is
authorized, upon presentation of proper identification, to
enter any distributor’s premises, including any vehicle of
transport, at all reasonable times in order to have access to
pesticides or devices. If it appears from such examination
that a pesticide or device fails to comply with the provisions
of this chapter or rules adopted under this chapter, and the
director contemplates instituting criminal proceedings against
any person, the director shall cause notice to be given to
such person. Any person so notified shall be given an opportunity to present his views, either orally or in writing,
with regard to the contemplated proceedings. If thereafter in
the opinion of the director it appears that the provisions of
this chapter or rules adopted under this chapter have been
violated by such person, the director shall refer a copy of the
results of the analysis or the examination of such pesticide
or device to the prosecuting attorney for the county in which
the violation occurred. [1989 c 380 § 24; 1971 ex.s. c 190
§ 28.]
(2002 Ed.)
15.58.250
15.58.290 Minor violations, warning notice in
writing. Nothing in this chapter shall be construed as
requiring the director to report for prosecution or for the
institution of condemnation proceedings minor violations of
this chapter when the director believes that the public
interest will be best served by a suitable notice of warning
in writing. [1989 c 380 § 25; 1971 ex.s. c 190 § 29.]
15.58.300 Persons exempted from certain penalties
under RCW 15.58.150. The penalties provided for violations of RCW 15.58.150(1)(a), (b), (c), (d), and (e) shall not
apply to:
(1) Any carrier while lawfully engaged in transporting
a pesticide within the state, if such carrier, upon request,
permits the director to copy all records showing the transaction in and movement of the articles.
(2) Public officials of the state and the federal government engaged in the performance of their official duties.
(3) The manufacturer or shipper of a pesticide for
experimental use only by or under the supervision of an
agency of this state or of the federal government authorized
by law to conduct research in the field of pesticides. [1971
ex.s. c 190 § 30.]
15.58.310 Pesticides for foreign export not in
violation of chapter. No pesticides shall be deemed in
violation of this chapter when intended solely for export to
a foreign country, and when prepared or packed according
to the specifications or directions of the purchaser. If not so
exported, all the provisions of this chapter shall apply.
[1971 ex.s. c 190 § 31.]
15.58.320 Certain pharmacists exempted from
licensing provisions. The license provisions of this chapter
shall not apply to any pharmacist who is licensed pursuant
to chapter 18.64 RCW and does not distribute any pesticide
required to be registered under the provisions of this chapter.
[1971 ex.s. c 190 § 32.]
15.58.330 Violation of chapter—Misdemeanor. Any
person violating any provisions of this chapter or rules
adopted under this chapter is guilty of a misdemeanor.
[1989 c 380 § 26; 1971 ex.s. c 190 § 33.]
15.58.335 Civil penalty. Every person who fails to
comply with this chapter or the rules adopted under it may
be subjected to a civil penalty, as determined by the director,
in an amount of not more than seven thousand five hundred
dollars for every such violation. Each and every such
violation shall be a separate and distinct offense. Every
person who, through an act of commission or omission,
procures, aids, or abets in the violation shall be considered
to have violated this section and may be subject to the civil
penalty herein provided. [1989 c 380 § 27; 1985 c 158 § 1.]
15.58.340 Injunction. The director may bring an
action to enjoin the violation or threatened violation of any
provision of this chapter or any rule made pursuant to this
chapter in a court of competent jurisdiction of the county in
[Title 15 RCW—page 101]
15.58.340
Title 15 RCW: Agriculture and Marketing
which such violation occurs or is about to occur. [1989 c
380 § 28; 1971 ex.s. c 190 § 34.]
15.58.345 Damages—Civil action not precluded.
Nothing in this chapter shall preclude any person aggrieved
by a violation of this chapter from bringing suit in a court of
competent jurisdiction for damages arising from the violation. [1989 c 380 § 29.]
15.58.350 Persons charged with enforcement barred
from interest in pesticides, devices. No person charged
with the enforcement of any provision of this chapter shall
be directly or indirectly interested in the sale, manufacture
or distribution of any pesticide or device. [1971 ex.s. c 190
§ 35.]
15.58.360 No recovery of damages when probable
cause. No state court shall allow the recovery of damages
from administrative action taken or for "stop sale, use or
removal" if the court finds that there was probable cause for
such action. [1971 ex.s. c 190 § 36.]
15.58.370 Results of analyses to be published. The
department shall publish at least annually and in such form
as it may deem proper, results of analyses based on official
samples as compared with the analyses guaranteed and
information concerning the distribution of pesticides:
PROVIDED, That individual distribution information shall
not be a public record. [1971 ex.s. c 190 § 37.]
15.58.380 Board to advise director. The pesticide
advisory board shall advise the director on any or all
problems relating to the formulation, distribution, storage,
transportation, disposal, and use of pesticides in the state.
[1971 ex.s. c 190 § 38.]
15.58.400 Cooperation and agreements with other
agencies. The director is authorized to cooperate with and
enter into agreements with any other agency of the state, the
United States, and any other state or agency thereof for the
purpose of carrying out the provisions of this chapter and
securing uniformity of regulation. [1971 ex.s. c 190 § 40.]
15.58.405 Emergency situations—Special local
needs—Experimental use permits. For the purpose of
exercising the authority granted to the state under the
provisions of FIFRA, the director may:
(1) Meet emergency conditions in this state by applying
for an exemption from any provision of FIFRA as provided
for by section 18 of that act. If such exemption is granted
by the administrator of EPA the director may carry out and
enforce the requirements and conditions of the exemption;
(2) Comply with the requirements necessary to issue
special local needs registration under section 24(c) of
FIFRA; and
(3) Comply with the requirements necessary to issue
experimental use permits under section 5(f) of FIFRA.
[1979 c 146 § 5.]
[Title 15 RCW—page 102]
15.58.411 Use of license fees—Deposit of money
collected for civil penalties. All license fees collected
under this chapter shall be paid to the director for use
exclusively in the enforcement of this chapter. All moneys
collected for civil penalties levied under this chapter shall be
deposited in the state general fund. [1997 c 242 § 8; 1995
c 374 § 67.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
15.58.420 Report to legislature. By February 1st of
each year the department shall report to the appropriate
committees of the house of representatives and the senate on
the activities of the department under this chapter. The
report shall include, at a minimum, a review of the
department’s enforcement activities, with the number of
cases investigated and the number and amount of civil
penalties assessed. [1997 c 242 § 9; 1989 c 380 § 30.]
15.58.450 Wood destroying organism inspection
report—Unique inspection control number required. It
is unlawful for any person to issue a wood destroying
organism inspection report, prepared in conjunction with the
transfer, exchange, or refinancing of any structure, without
recording a unique inspection control number on the wood
destroying organism inspection report. All wood destroying
organism inspection reports completed by the same inspector, relating to a single transfer, exchange, or refinance, shall
bear the same unique inspection control number. The
responsibility to record the unique inspection control number
on the report under this section lies solely with the person
issuing the wood destroying organism inspection report.
[2000 c 96 § 2.]
15.58.460 Structural pest inspector—Evidence of
financial responsibility—Surety bond or insurance policy.
(1) The director shall not issue a license to any person who
intends to act as a structural pest inspector until the person
has furnished evidence of financial responsibility.
(2) Evidence of financial responsibility shall consist of
either a surety bond or an errors and omissions insurance
policy or certification thereof, protecting persons who may
suffer legal damages as a result of actions by the structural
pest inspector. The director shall not accept a surety bond
or insurance policy except from authorized insurers in this
state.
(3) Evidence of financial responsibility shall be supplied
to the department on a financial responsibility insurance
certificate or surety bond form. [2000 c 96 § 3.]
15.58.465 Structural pest inspector—Surety bond
or insurance policy—Amount—Terms. (1) The following
requirements apply to the amount of surety bond or insurance required for structural pest inspectors.
(a) The amount of the surety bond or errors and
omissions insurance, as provided for in RCW 15.58.460,
shall be not less than twenty-five thousand dollars and fifty
thousand dollars respectively. The surety bond or insurance
policy shall be maintained at not less than the required sum
at all times during the licensed period.
(2002 Ed.)
Washington Pesticide Control Act
(b) The director shall be notified ten days before any
reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the
surety or insurer and by the insured.
(c) The total and aggregate of the surety and insurer for
all claims is limited to the face of the surety bond or
insurance policy. The director may accept a surety bond or
insurance policy in the proper sum that has a deductible
clause in an amount not exceeding five thousand dollars for
the total amount of surety bond or insurance required by this
section. If the applicant has not satisfied the requirement of
the deductible amount in any prior legal claim the deductible
clause shall not be accepted by the director unless the
applicant furnishes the director with a surety bond or
insurance policy which shall satisfy the amount of the
deductible as to all claims that may arise.
(2) Insurance policies must be written on an occurrence
basis.
(3) Insurance policies shall have a minimum three-year
occurrence clause. [2000 c 96 § 4.]
15.58.470 Structural pest inspector—Failure to
meet financial responsibility requirements. Whenever a
structural pest inspector’s surety bond or insurance policy is
reduced below the requirements of RCW 15.58.465, or
whenever the person has failed to provide evidence of
financial responsibility as required by RCW 15.58.460 by the
expiration date of the previous surety bond or insurance
policy, the director shall immediately suspend the person’s
structural pest inspector license until the person’s surety
bond or insurance policy again meets the requirements of
RCW 15.58.465. [2000 c 96 § 5.]
15.58.900 Effective date—1971 ex.s. c 190. The
effective date of this act is July 1, 1971: PROVIDED, That
the effective date of sections 21, 22 and 23 is March 1,
1973. [1971 ex.s. c 190 § 42.]
15.58.901 Effective date—2000 c 96. This act takes
effect July 1, 2000. [2000 c 96 § 10.]
15.58.910 Continuation of rules adopted pursuant
to repealed sections. The repeal of RCW 15.57.010
through 15.57.930 and the enactment of this chapter shall not
be deemed to have repealed any rules adopted under the
provisions of RCW 15.57.010 through 15.57.930 in effect
immediately prior to such repeal and not inconsistent with
the provisions of this chapter. All such rules shall be
considered to have been adopted under the provisions of this
chapter. [1989 c 380 § 31; 1971 ex.s. c 190 § 43.]
15.58.920 Existing liabilities not affected. The
enactment of this chapter shall not have the effect of
terminating, or in any way modifying, any liability, civil or
criminal, which shall already be in existence on the date this
chapter becomes effective. [1971 ex.s. c 190 § 44.]
15.58.940 Severability—1971 ex.s. c 190. If any
provisions of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
(2002 Ed.)
15.58.465
the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 190 § 46.]
15.58.941 Severability—1979 c 146. If any provision
of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 c 146 § 7.]
15.58.942 Severability—1989 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 380 § 88.]
Chapter 15.60
APIARIES
Sections
15.60.005 Definitions.
15.60.010 Apiary advisory committee.
15.60.021 Registration of hives.
15.60.031 Late registration fee.
15.60.040 Money collected under chapter—Placement—Disbursement.
15.60.055 Violations—Penalty.
15.60.065 Apiary coordinated areas—Hearing to establish.
15.60.075 Apiary coordinated areas—Order describing.
15.60.085 Apiary coordinated areas—Boundary change procedure.
15.60.095 Apiary coordinated areas within certain counties.
15.60.900 Severability—1977 ex.s. c 362.
15.60.901 Effective date—2000 c 100.
Honey, standards and marketing: Chapter 69.28 RCW.
Honey bee commission: Chapter 15.62 RCW.
15.60.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the state department
of agriculture or the director’s authorized representative.
(3) "Apiary" means a site where hives of bees or hives
are kept or found.
(4) "Apiarist" means any person who owns bees or is a
keeper of bees in Washington.
(5) "Bees" means adult insects, eggs, larvae, pupae, or
other immature stages of the species Apis mellifera.
(6) "Colony" refers to a natural group of bees having a
queen or queens.
(7) "Hive" means a manufactured receptacle or container
prepared for the use of bees, that includes movable frames,
combs, and substances deposited into the hive by bees.
(8) "Person" means a natural person, individual, firm,
partnership, company, society, association, corporation or
every officer, agent, or employee of one of these entities.
(9) "Broker" means a person who is engaged in pollinating agricultural crops for a fee using hives that are owned by
another person. [2000 c 100 § 1; 1994 c 178 § 1; 1993 c 89
§ 1; 1988 c 4 § 1; 1977 ex.s. c 362 § 1; 1961 c 11 §
15.60.005. Prior: 1955 c 271 § 1.]
[Title 15 RCW—page 103]
15.60.010
Title 15 RCW: Agriculture and Marketing
15.60.010 Apiary advisory committee. The director
may establish an apiary advisory committee including
members representing the major segments of the apiary
industry including commercial and noncommercial beekeepers, representatives from the Washington State University
apiary program or cooperative extension, and receivers of
pollination services as deemed appropriate.
The committee shall advise the director on administration of this chapter and issues affecting the apiary industry.
The committee may also advise the director on the funding
of research projects of benefit to the apiary industry.
The committee shall meet at the call of the director.
Members of the committee shall serve without compensation
but may be reimbursed for travel expenses incurred in
attending meetings of the committee and any other official
duty authorized by the director, pursuant to RCW 43.03.050
and 43.03.060. [2000 c 100 § 2; 1994 c 178 § 3; 1993 c 89
§ 3; 1975-’76 2nd ex.s. c 34 § 16; 1961 c 11 § 15.60.010.
Prior: 1933 ex.s. c 59 § 1; RRS § 3170-1; prior: 1919 c
116 § 1.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.60.021 Registration of hives. (1) Each person
owning one or more hives with bees, brokers renting hives,
and apiarists resident in other states who operate hives in
Washington shall register with the director by April 1st each
year.
(2) The registration application shall include:
(a) The name, address, and phone number of the apiarist
or broker;
(b) The number of colonies of bees to be owned,
brokered, or operated in Washington that year;
(c) A registration fee as prescribed in rule by the
director, with the advice of the apiary advisory committee;
and
(d) Any other information required by the department by
rule.
(3) The director shall issue to each apiarist or broker
registered with the department an apiarist identification
number. [2000 c 100 § 3; 1994 c 178 § 6; 1993 c 89 § 11;
1988 c 4 § 9; 1977 ex.s. c 362 § 5; 1961 c 11 § 15.60.050.
Prior: 1933 ex.s. c 59 § 6; RRS § 3170-6. Formerly RCW
15.60.050.]
15.60.031 Late registration fee. A late fee of one
and one-half percent per month shall be assessed on registration fees received after April 1st. [2000 c 100 § 4; 1994 c
178 § 5; 1993 c 89 § 10; 1988 c 4 § 8; 1981 c 296 § 9;
1977 ex.s. c 362 § 9. Formerly RCW 15.60.043.]
Severability—1981 c 296: See note following RCW 15.08.010.
15.60.040 Money collected under chapter—
Placement—Disbursement. All money collected under this
chapter shall be placed in an account in the agricultural local
fund. Money in the account shall be used to carry out the
purposes of this chapter and may be used for apiary-related
activities of the department or funding research projects of
benefit to the apiary industry that the director may select
upon the advice of the apiary advisory committee. No
appropriation is required for disbursement from the account.
[Title 15 RCW—page 104]
[2000 c 100 § 5; 1994 c 178 § 4; 1993 c 89 § 8; 1988 c 4
§ 6; 1981 c 296 § 8; 1977 ex.s. c 362 § 4; 1961 c 11 §
15.60.040. Prior: 1959 c 174 § 1; 1955 c 271 § 6; prior:
(i) 1949 c 105 § 2; 1933 ex.s. c 59 § 3; Rem. Supp. 1949 §
3170-3. (ii) 1933 ex.s. c 59 § 4; RRS § 3170-4.]
Severability—1981 c 296: See note following RCW 15.08.010.
15.60.055 Violations—Penalty. (1) A person who
violates or fails to comply with any of the provisions of this
chapter or any rule adopted under this chapter shall be guilty
of a misdemeanor, and for a second and each subsequent
violation a gross misdemeanor.
(2) Whenever the director finds that a person has
committed a violation of any of the provisions of this
chapter or any rule adopted under this chapter and that
violation has not been punished as a misdemeanor or gross
misdemeanor, the director may impose and collect a civil
penalty not exceeding one thousand dollars for each violation. Each violation shall be a separate and distinct offense.
A person who knowingly, through an act of omission or
commission, procures or aids or abets in the violation shall
be considered to have violated this section and may be
subject to the civil penalty. [1993 c 89 § 17; 1991 c 363 §
15; 1989 c 354 § 64. Formerly RCW 15.60.170.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 354: See note following RCW 15.36.012.
15.60.065 Apiary coordinated areas—Hearing to
establish. When the county legislative authority determines
that it would be desirable to establish an apiary coordinated
area or areas in their county, they shall make an order fixing
a time and place when a hearing will be held, notice of
which shall be published at least once each week for two
successive weeks in a newspaper having general circulation
within the county. It shall be the duty of the county legislative authority at the time fixed for such hearing, to hear all
persons interested in the establishment of apiary coordinated
areas as defined in *RCW 15.60.180, 15.60.190, and
15.60.210. [1993 c 89 § 18; 1989 c 354 § 65. Formerly
RCW 15.60.180.]
*Reviser’s note: RCW 15.60.180, 15.60.190, and 15.60.210 were
recodified as RCW 15.60.065, 15.60.075, and 15.60.085, respectively,
pursuant to 2000 c 100 § 7, effective June 30, 2001.
Severability—1989 c 354: See note following RCW 15.36.012.
15.60.075 Apiary coordinated areas—Order describing. Within thirty days after the conclusion of any
such hearing the county legislative authority shall make an
order describing the apiary coordinated areas within the
county as to the maximum allowable number of hives per
site, the minimum allowable distance between sites, and the
minimum required setback from property lines. The order
shall be entered upon the records of the county and published in a newspaper having general circulation in the
county at least once each week for four successive weeks.
[1989 c 354 § 66. Formerly RCW 15.60.190.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.60.085 Apiary coordinated areas—Boundary
change procedure. When the county legislative authority
(2002 Ed.)
Apiaries
of any county deems it advisable to change the boundary or
boundaries of any apiary coordinated area, a hearing shall be
held in the same manner as provided in *RCW 15.60.180.
If the county legislative authority decides to change the
boundary or boundaries of any apiary coordinated area or
areas, they shall within thirty days after the conclusion of
such hearing make an order describing the change or
changes. Such order shall be entered upon the records of the
county and published in a newspaper having general circulation in the county once each week for four successive weeks.
[1989 c 354 § 68. Formerly RCW 15.60.210.]
*Reviser’s note: RCW 15.60.180 was recodified as RCW 15.60.065
pursuant to 2000 c 100 § 7, effective June 30, 2001.
Severability—1989 c 354: See note following RCW 15.36.012.
15.60.095 Apiary coordinated areas within certain
counties. The county legislative authority of any county
with a population of from forty thousand to less than seventy
thousand located east of the Cascade crest and bordering in
the southern side of the Snake river shall have the power to
designate by an order made and published, as provided in
*RCW 15.60.190, certain territories as apiary coordinated
areas in which they may designate the number of colonies
per apiary, the distance between apiaries, the minimum
required setback distance from property lines, and the time
of year the regulations shall be in effect. No territory so
designated shall be less than two square miles in area.
[1993 c 89 § 20. Formerly RCW 15.60.220.]
*Reviser’s note: RCW 15.60.190 was recodified as RCW 15.60.075
pursuant to 2000 c 100 § 7, effective June 30, 2001.
15.60.900 Severability—1977 ex.s. c 362. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 362 § 11.]
15.60.085
hearing as prescribed in the administrative procedure act,
chapter 34.05 RCW.
Upon declaring ladybugs or other insects to be beneficial insects the director of agriculture may regulate or
prohibit the commercial movement of such beneficial insects
from this state. [1963 c 232 § 10.]
15.61.020 Intergovernmental cooperation. The
director of agriculture may cooperate and enter into agreements with governmental agencies, other states, and agencies
of the federal government to carry out the purposes and
provisions of this chapter or rules adopted hereunder. [1963
c 232 § 11.]
15.61.030 Injunctions. The director of agriculture
may bring an action to enjoin the violation of any provision
of this chapter or rule adopted pursuant to said sections in
the county where such violation has occurred, notwithstanding the existence of any other remedies at law. [1963
c 232 § 12.]
15.61.040 Nonapplicability to honey bees and
insects used for research. The provisions of this chapter
shall not apply to honey bees or to those beneficial insects
used for research purposes. [1963 c 232 § 13.]
15.61.050 Violations—Penalty. Any person violating
the provisions of this chapter or rules adopted hereunder is
guilty of a misdemeanor and guilty of a gross misdemeanor
for any subsequent offense, however, any offense committed
more than five years after a previous conviction shall be
considered a first offense. [1963 c 232 § 14.]
15.60.901 Effective date—2000 c 100. This act takes
effect June 30, 2001. [2000 c 100 § 9.]
15.61.900 Severability—1963 c 232. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1963 c 232 § 15.]
Chapter 15.61
LADYBUGS AND OTHER BENEFICIAL INSECTS
Chapter 15.62
HONEY BEE COMMISSION
Sections
15.61.010
15.61.020
15.61.030
15.61.040
15.61.050
15.61.900
Administrative declaration—Regulation of commercial
movement.
Intergovernmental cooperation.
Injunctions.
Nonapplicability to honey bees and insects used for research.
Violations—Penalty.
Severability—1963 c 232.
15.61.010 Administrative declaration—Regulation
of commercial movement. The director of agriculture in
order to protect the production of native and/or domestic
plants or their products in this state, may declare ladybugs
or any other insects to be beneficial insects and necessary to
maintain a beneficial biological balance over insects which
are detrimental to such native and/or domestic plants or their
products. Such declaration shall be made only after a
(2002 Ed.)
Sections
15.62.010
15.62.020
15.62.030
15.62.040
15.62.050
15.62.060
15.62.070
15.62.080
15.62.090
15.62.100
15.62.110
15.62.120
15.62.130
15.62.140
15.62.150
15.62.160
15.62.170
15.62.180
Purpose and findings.
Definitions.
Commission established by referendum.
Powers and duties of commission.
Commission compositions—Eleven positions.
Position qualifications.
Terms of office—Vacancies.
Apiarist members—Election.
Notice, elections, referenda—Lists of apiarists, manufacturers, processors, and first handlers.
Costs of elections and referendums—Reimbursement.
Quorum—Travel expenses.
Certified copies of commission’s proceedings, records, and
acts—Admissible in court.
Commission officers—Members’ fidelity bonds.
Assessments—Minimum—Increase.
Assessments—Collection—Deposit in local fund—Gifts,
grants, and endowments—Failure to remit assessment.
Assessment error—Refund.
Recordkeeping.
Reporting.
[Title 15 RCW—page 105]
Chapter 15.62
Title 15 RCW: Agriculture and Marketing
15.62.190
Promotional printing and literature—Exempt from public
printing requirements.
15.62.200 Audit of records of affected persons.
15.62.210 Nonliability of state—Salaries, expenses, and liabilities.
15.62.220 Violations—Misdemeanor.
15.62.230 Prosecutions—Superior court jurisdiction—Equitable remedies.
15.62.300 Termination, suspension, or continuance of commission.
15.62.310 Termination or suspension of commission.
15.62.900 Liberal construction.
15.62.910 Severability—1989 c 5.
Apiary regulation: Chapter 15.60 RCW.
15.62.010 Purpose and findings. The purpose of this
chapter is to advance the public welfare and education and
to promote the interest, products, services, and stabilization
of Washington’s honey bee industry.
The legislature finds that:
(1) Increasing the consumption of products of the honey
bee industry and promoting the use of its services and
stabilizing the honey bee industry within the state and nation
is a valid and necessary exercise of the power of the state to
protect the public health, to provide for the economic
development of the state, and to promote the welfare of the
people of the state;
(2) Honey bee industry products produced and services
provided in Washington make an important contribution to
the agricultural industry of the state of Washington. The
business of researching, marketing, and distributing such
products and the promotion of its services is in the public
interest;
(3) It is necessary to enhance the reputation of Washington honey bee industry products and services in domestic
and national markets;
(4) It is necessary to promote and educate the public
regarding the value of honey bee industry products and
services, and to spread that knowledge throughout the state
and nation to increase the awareness and consumption of
honey bee products and the use of honey bee services;
(5) State and national markets for Washington honey
bee industry products may benefit from promotion of honey
bee products through education and advertising;
(6) It is necessary to stabilize the Washington honey bee
industry, to enlarge its markets, and increase the consumption of Washington honey bee industry products and services
to assure the payment of taxes to the state and its subdivisions, to alleviate unemployment, and to provide for
higher wage scales for agricultural labor and maintenance of
a reasonable standard of living;
(7) Providing information to the public on the manner,
cost, and expense of producing, and the care taken to
produce and sell, honey bee industry products and services
of the highest quality, the methods and care used in their
preparation for market, and the methods of sale and distribution is in the public interest;
(8) It is necessary to protect the public by educating it
on the various benefits of honey bee industry services, the
food value of its products, and their industrial and medicinal
uses. [1989 c 5 § 1.]
15.62.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
[Title 15 RCW—page 106]
(1) "Affected person" means an apiarist, manufacturer,
processor, first handler, broker, or volunteer who shall pay
to the commission the minimum assessments required in
RCW 15.62.140.
(2) "Apiarist" means any person, firm, partnership,
association, or corporation who owns, operates, manages, or
brokers ten or more honey bee (Apis mellifera) colonies or
any volunteer participant having less than ten colonies in the
state of Washington.
(3) "Bee colony" means a natural group of honey bees
containing seven thousand or more workers and one or more
queens, housed in a man-made hive with movable frames,
and operated as a beekeeping unit.
(4) "Broker" means any person other than an apiarist
who, for a fee, places or sets twenty-five or more bee
colonies for pollination or buys and sells one thousand
dollars or more per year of industry products he or she does
not produce or manufacture.
(5) "Commission" means the Washington state honey
bee industry commission or its authorized agents.
(6) "Department" means the department of agriculture.
(7) "Director" means the director of the department of
agriculture.
(8) "First handler" means any person in Washington
who imports industry products or bee supplies and equipment into Washington for processing, packing, or sale in the
state of Washington.
(9) "Industry products" means queen bees, packaged
bees, and items which are made by bees including, but not
limited to, honey, pollen, bees wax, and propolis and items
manufactured for use in the honey bee industry as enumerated under "manufacturer" in this section.
(10) "Manufacturer" means any person making bee
supplies and equipment such as: Supers (hive boxes),
frames, bees wax foundation, smokers, extractors, bee veils,
pollen traps, queen rearing equipment, bee cages and
packages, queen excluders, and other bee supplies used in
the honey bee industry.
(11) "Person" means any individual, firm, partnership,
or corporation engaged in the apiculture industry.
(12) "Processor" means any person processing, selling,
marketing, or distributing bee industry products.
(13) "Retail sales" means those sales made directly to
consumers whether apiarists, brokers, or persons involved in
the apiculture industry, or the public. [1989 c 5 § 2.]
15.62.030 Commission established by referendum.
The Washington state honey bee commission shall be
established following approval of a referendum by a majority
of the affected apiarists and brokers, as set forth in RCW
15.62.140(4) for assessment increases. [1989 c 5 § 3.]
15.62.040 Powers and duties of commission. The
commission shall have the following powers and duties:
(1) To elect a chairperson and other officers as it deems
advisable;
(2) To promulgate rules and regulations under the
administrative procedure act, chapter 34.05 RCW, and RCW
15.04.200 as necessary to effectuate the purpose and policies
of this chapter;
(2002 Ed.)
Honey Bee Commission
(3) To administer and enforce the provisions of this
chapter and perform all acts and exercise all powers reasonably necessary to fulfill the purpose thereof;
(4) To employ and discharge advertising agents,
attorneys as permitted by the attorney general, agents, and
employees as it deems necessary, and to prescribe their
duties and powers and fix their compensation;
(5) To establish offices, hire employees who shall be
exempt from chapter 41.06 RCW, incur expenses which shall
not exceed revenues, enter into contracts, and create such
liabilities as are reasonable and proper for the administration
of this chapter;
(6) To investigate and refer violations of this chapter to
local prosecuting attorneys or special prosecutors appointed
by the commission and the local prosecuting attorney;
(7) To contract for scientific research designed to
improve production, pollination, management, quality,
processing, and distribution and to develop and discover uses
for products of the honey bee industry;
(8) To make in its name advertising contracts and other
agreements necessary to promote the industry and bee
products and services in state, national, and foreign markets;
(9) To keep accurate records of all commission dealings,
which shall be open to public inspection and audit by
authorized state agencies;
(10) To contract for research to develop more efficient
methods of promoting the honey bee industry and its
products and services;
(11) To develop and conduct educational programs for
the benefit of industry and to inform the public regarding
Washington’s honey bee industry;
(12) To enter into contracts and agreements for purposes
consistent with this chapter;
(13) To publish at least an annual report of its activities
and financial status subject to audit by the state auditor;
(14) To establish an operating monetary reserve and
carry over to subsequent fiscal periods any excess funds in
the reserve: PROVIDED, That the reserve funds shall not
exceed one fiscal period’s budget. The reserve funds shall
only be used to defray any expenses authorized under this
chapter;
(15) To audit any affected person’s records as described
in RCW 15.62.200; and
(16) To consider the assessment of honey or manufactured bee supplies produced or sold in Washington. Assessments shall only be levied after a referendum is conducted
and approved by a majority vote, as set forth in RCW
15.62.140(4), of persons engaged in the honey bee industry
of Washington. [1989 c 5 § 13.]
15.62.050 Commission compositions—Eleven
positions. The commission shall consist of the following
members:
(1) Apiarist position one shall represent area one, which
includes the counties of Whatcom, San Juan[,] Island, Skagit,
Snohomish, and King; and
(2) Apiarist position two shall represent area two, which
includes the counties of Pierce, Kitsap, Clallam, Jefferson,
Grays Harbor, Mason, Thurston, Pacific, Lewis, Wahkiakum,
Cowlitz, Clark, [and] Skamania; and
(2002 Ed.)
15.62.040
(3) Apiarist positions three and four shall represent area
three, which includes the counties of Kittitas, Yakima,
Klickitat, and Benton; and
(4) Apiarist position five shall represent area four, which
includes the counties of Okanogan, Chelan, and Douglas;
and
(5) Apiarist position six shall represent area five, which
includes the counties of Grant, Adams, Franklin, Walla
Walla, Columbia, Garfield, Asotin, and Whitman; and
(6) Apiarist position seven shall represent area six,
which includes the counties of Spokane, Lincoln, Ferry,
Stevens, and Pend Oreille; [and]
(7) Position eight, appointed by the director, shall be a
manufacturer or broker of industry products representing
Washington residents engaged in the apiculture industry; and
(8) Position nine, appointed by the director, shall be a
processor or first handler representing residents engaged in
Washington’s honey bee industry; and
(9) Position ten shall be the director of the Washington
state department of agriculture, who shall be a nonvoting ex
officio member; and
(10) Position eleven, appointed by the director, may be
an affected person representing out-of-state interests who are
not Washington residents but are active as affected persons
in Washington. [1989 c 5 § 4.]
15.62.060 Position qualifications. (1) Commission
positions one through seven shall be filled by persons who
meet the following requirements:
(a) Resident of this state;
(b) Resident of the area they represent; and
(c) Actually engaged in owning, operating, or as a
broker of bee colonies for the five years immediately
preceding their election.
(2) Commission positions eight and nine shall be filled
by persons who meet the following requirements:
(a) Resident of this state; and
(b) Actually engaged as a manufacturer, broker of
industry products, processor, or first handler for the five
years immediately preceding their election.
(3) Commission members shall be immediately disqualified if they no longer meet the qualifications during their
terms of office. The vacancy on the commission shall be
filled according to *section 38 of this act.
(4) Position eleven shall be filled by a person who
qualifies under subsection (1)(c) or (2)(b) of this section and
is not a resident of Washington. [1989 c 5 § 5.]
*Reviser’s note: The reference to "section 38 of this act" is incorrect.
Apparently a reference to "section 6 of this act," codified as RCW
15.62.070, was intended.
15.62.070 Terms of office—Vacancies. (1) The
regular terms of office of each elected member of the
commission shall be three years, except that the term of
office for the initial members shall be as follows:
(a) Positions for areas one, four, and seven - one year.
(b) Positions for areas two, five, and eight - two years.
(c) Positions for areas three, six, and nine - three years.
(d) If filled, position for area eleven - three years.
(2) No elected member of the board may serve more
than two full consecutive three-year terms.
[Title 15 RCW—page 107]
15.62.070
Title 15 RCW: Agriculture and Marketing
(3) Terms of office shall end on August 31 of the last
year of the elected or appointed term.
(4) Any vacancies on the commission shall be filled by
a person meeting the qualifications established in *section 37
of this act appointed by the other voting members of the
commission. The appointee shall hold office for the remainder of the term, at which time an election for that position
shall be conducted. [1989 c 5 § 6.]
*Reviser’s note: The reference to "section 37 of this act" is incorrect.
Apparently a reference to "section 5 of this act," codified as RCW
15.62.060, was intended.
15.62.080 Apiarist members—Election. (1) Apiarist
members of the commission shall be nominated and elected
by the apiarists within the district they are to represent in the
year in which a member’s term expires. The candidate receiving the largest number of votes cast shall be elected.
The election shall be by secret mail ballot and shall be
conducted by the director, who shall be reimbursed for
actual expenses of conducting the election by the commission.
(2) The director shall provide forms for the nomination
of candidates to each affected person. The nomination form
shall provide for the name of the person being nominated
and the names of five persons supporting the nomination.
(3) The persons nominating the candidate shall affirm
that the candidate meets the qualifications and is willing to
serve by signing the nomination form.
(4) The nomination forms shall be returned to the
director by June 30 of the election year, and the director
shall not accept any nomination postmarked later than midnight of that date.
(5) In the event no nomination is submitted for a
position, the director shall nominate at least two, but no
more than three, qualified persons and place their names on
the election ballot as nominees. Any qualified person may
be elected by write-in ballot, even though his or her name
was not placed in nomination.
(6) Ballots for electing commission members shall be
mailed by the director to all apiarists and brokers in areas
where elections are to be held no later than July 15. Ballots,
to be valid, shall be returned to the director postmarked no
later than July 31. Elected persons shall take office effective
September 1 of the year elected except initial elections shall
take place within one hundred twenty days after July 23,
1989. [1989 c 5 § 7.]
15.62.090 Notice, elections, referenda—Lists of
apiarists, manufacturers, processors, and first handlers.
(1)(a) The director shall cause a list to be prepared of all
apiarists, as defined in RCW 15.62.020, from the list of apiarists registered with the department under *RCW 15.60.030.
A qualified person may, at any time, have his or her name
placed on the list by registering with the department.
(b) The director shall cause a list to be prepared of
manufacturers, processors, and first handlers. The list shall
be prepared from any information the director has at hand or
may readily obtain. A qualified person may, at any time,
have his or her name placed on the list by notifying the department and providing such information as the department
deems necessary to determine whether the person qualifies
[Title 15 RCW—page 108]
as a manufacturer, processor, or first handler under RCW
15.62.020.
(c) For all purposes of giving notice and conducting
elections or referenda, the lists the director has on hand
under this section, corrected up to the day next preceding the
date for issuing notices or ballots, are, for purposes of this
chapter, deemed to be the lists of all persons entitled to
notice or to assent or dissent or to vote.
(2) Any person may file his or her name and address
with the commission for the purpose of receiving notices
regarding the activities of the commission. Persons who are
not Washington residents but are active as affected persons
in this state and who wish to be considered for appointment
to position eleven on the commission may file their names
with the director. A person desiring such consideration must
supply such information as the director deems appropriate.
[1989 c 5 § 8.]
*Reviser’s note: RCW 15.60.030 was repealed by 2000 c 100 § 8,
effective June 30, 2001.
15.62.100 Costs of elections and referendums—
Reimbursement. The commission shall reimburse the
director for the actual costs incurred in conducting the
elections and referendums, and acquiring lists of affected
persons. [1989 c 5 § 9.]
15.62.110 Quorum—Travel expenses. (1) A majority of the commission members shall constitute a quorum for
the transaction of all business of the commission.
(2) Members of the commission shall be reimbursed for
travel expenses, as prescribed by the commission, for each
day spent in attendance at, or traveling to and from, commission meetings or when conducting authorized commission
business. [1989 c 5 § 10.]
15.62.120 Certified copies of commission’s proceedings, records, and acts—Admissible in court. Copies of
the proceedings, records, and acts of the commission, when
certified by the secretary, shall be admissible in any court
and be evidence of the truth of the statements therein contained. [1989 c 5 § 11.]
15.62.130 Commission officers—Members’ fidelity
bonds. The commission may elect an executive secretary
who is not a member and fix his or her compensation and
may appoint a treasurer who shall sign all vouchers and
receipts for moneys received by the commission. The
commission shall purchase for each of its members a fidelity
bond executed by a surety company authorized to do
business in the state, in favor of the state and the commission, in a sum to be determined by the commission.
[1989 c 5 § 12.]
15.62.140 Assessments—Minimum—Increase. (1)
The commission shall collect annual assessments as follows:
(a) Twenty-five cents for each colony operated by an
apiarist or broker in Washington at any time in a calendar
year. Each colony shall be assessed only once per calendar
year. There shall be a minimum assessment of ten dollars.
(b) The sale of a business enterprise by an apiarist or
broker shall not be assessed.
(2002 Ed.)
Honey Bee Commission
The provisions of this subsection (1) are effective only
if the referendum required by RCW 15.62.030 on the
creation of the commission is adopted.
(2) Subject to approval by referendum, the commission
shall have the power and duty to increase the amount of the
assessments as necessary to fulfill the purposes of this
chapter.
(3) In determining the necessity for an assessment
increase, the commission shall consider:
(a) The purpose of the commission;
(b) The extent and probable cost of required research,
promotion, and advertising;
(c) The extent of public convenience, interest, and
necessity; and
(d) The expected revenue from the increased assessment.
(4) The increase in assessment shall not become
effective until approved by a majority of the affected persons
voting in a referendum conducted by the commission. The
referendum must be approved by:
(a) Either fifty-one percent of the apiarists and brokers
representing sixty-six percent of the colonies registered in
Washington in the twelve months preceding voting; or
(b) Sixty-six percent of the apiarists and brokers
representing fifty-one percent of the colonies registered in
Washington in the twelve months preceding voting; and
(c) Either fifty-one percent of manufacturers, processors,
and first handlers representing sixty-six percent of industry
products sold in Washington by its residents; or
(d) Sixty-six percent of manufacturers, processors, and
first handlers representing fifty-one percent of industry
products sold in Washington by its residents. [1989 c 5 §
14.]
15.62.150 Assessments—Collection—Deposit in local
fund—Gifts, grants, and endowments—Failure to remit
assessment. (1) All assessments shall be collected by the
commission on a quarterly basis or as otherwise determined
by the commission.
(2) The commission shall create a local fund in a local
financial institution approved by the director and shall
deposit therein, each day, all moneys received by the
commission except an amount for petty cash as fixed by
commission regulations. Moneys in the fund shall only be
expended for the purposes of this chapter. Moneys in the
fund are not subject to appropriation.
(3) The commission fund is authorized to receive such
gifts, grants, and endowments from public or private sources
as may be made from time to time, in trust or otherwise, for
the use and benefit of the purposes of the commission and
expend the same or any income therefrom according to the
terms of the gifts, grants, or endowments.
(4) If an affected person fails to remit any assessment,
such assessment plus interest at the rate of one percent per
month from the due date shall constitute a personal debt of
the person assessed or who otherwise owes the assessment
and shall be due and payable within thirty days from the
date it becomes first due the commission. In the event of
failure of the person to pay due and payable assessments, the
commission may bring civil action against the person in a
state court of competent jurisdiction for collection thereof,
(2002 Ed.)
15.62.140
together with any reasonable costs including attorneys’ fees.
The action shall be tried and judgment rendered as in any
other cause of action for debt due and payable. This
provision is in addition to the penalty section contained in
RCW 15.62.220. [1989 c 5 § 15.]
15.62.160 Assessment error—Refund. A person
shall be entitled to a refund of assessed money held by the
commission fund when it has been determined by the
commission that the affected person was assessed and made
payment in error. [1989 c 5 § 16.]
15.62.170 Recordkeeping. (1) Each apiarist and
broker shall keep accurate records of the number of colonies
owned or operated during each calendar year.
(2) Each manufacturer shall keep accurate records of
gross sales of industry products or manufactured goods sold
in the state of Washington.
(3) Each processor shall keep accurate records of the
pounds of honey sold in the state of Washington.
(4) Each first-handler shall keep accurate records of the
industry products sold in the state of Washington.
(5) The records shall contain information required by
the commission and shall be preserved for a period of five
years.
(6) The records shall be made available for audit upon
request of the commission or its agent, as authorized in
RCW 15.62.040 and 15.62.200. [1989 c 5 § 17.]
15.62.180 Reporting. Each affected person shall, as
required, file with the commission a return under oath on
forms to be furnished by the commission, stating the
information requested by the commission regarding the
ownership, handling, processing, manufacturing, delivering,
shipping, sale, and brokering of various honey bee industry
products and activities as defined in RCW 15.62.020. The
report shall cover the period or periods of time prescribed by
the commission. [1989 c 5 § 18.]
15.62.190 Promotional printing and literature—
Exempt from public printing requirements. The restrictive provisions of chapter 43.78 RCW shall not apply to
promotional printing and literature for the Washington state
honey bee commission. [1989 c 5 § 19.]
Public printer—Public printing: Chapter 43.78 RCW.
15.62.200 Audit of records of affected persons. The
commission through its agents may audit the records of any
affected person for the purpose of enforcing the provisions
of this chapter. The commission must first notify the
affected person of their intention to audit and may request
supporting documents of the affected person regarding
reports submitted on commission forms under RCW
15.62.180. [1989 c 5 § 20.]
15.62.210 Nonliability of state—Salaries, expenses,
and liabilities. The state shall not be liable for the acts or
on the contracts of the commission, nor shall any member or
employee of the commission be liable on its contracts.
[Title 15 RCW—page 109]
15.62.210
Title 15 RCW: Agriculture and Marketing
All salaries, expenses, and liabilities incurred by persons
employed or contracting under this chapter for the commission shall be limited to, and payable only from, the funds
collected hereunder. [1989 c 5 § 21.]
15.62.910 Severability—1989 c 5. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 5 § 27.]
15.62.220 Violations—Misdemeanor. Any person
who violates or aids in the violation of any provision of this
chapter or any rule or regulation of the commission shall be
guilty of a misdemeanor. [1989 c 5 § 22.]
15.62.230 Prosecutions—Superior court jurisdiction—Equitable remedies. (1) Any prosecution brought
under this chapter may be instituted in any county in which
the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any
defendant has his or her principal place of business.
(2) The commission is hereby vested with the authority
to utilize the services of the local prosecuting attorneys or
special prosecutors as agreed upon by the commission and
the local prosecutor for purposes of carrying out the prosecution of cases brought under this chapter.
(3) The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter, and the rules
and regulations of the commission issued hereunder, and to
prevent and enjoin and restrain violations thereof. [1989 c
5 § 23.]
15.62.300 Termination, suspension, or continuance
of commission. In the seventh year following the inception
of the commission, a referendum shall be conducted by the
department of agriculture to determine if the commission is
still desired by the beekeeping industry in Washington. The
commission shall continue if the director finds that affected
apiarists and brokers voting in a referendum conducted as for
an assessment increase in RCW 15.62.140(4) voted in favor
of such continuance, otherwise it shall be terminated or
suspended as in RCW 15.62.310. [1989 c 5 § 25.]
15.62.310 Termination or suspension of commission.
The commission shall be terminated or suspended if the
director finds that apiarists and brokers voting in a referendum conducted as for an assessment increase in RCW
15.62.140(4) voted in favor of such termination or suspension. A referendum may be called by a majority of the
commission or by twenty percent of the resident affected
persons representing twenty percent of the colonies and
industry products sold in Washington.
Any moneys in the treasury at the time of an affirmative
termination or suspension vote shall first be used to effect all
acts associated with the termination or suspension procedures
and liquidation of the affairs of the commission.
Any residual funds not necessary to defray the expenses
of termination or suspension of the commission shall be
turned over to Washington State University to be used in
conducting research on the honey bee Apis mellifera. [1989
c 5 § 26.]
15.62.900 Liberal construction. This chapter shall be
liberally construed to effectuate the policies and purpose set
forth herein. [1989 c 5 § 24.]
[Title 15 RCW—page 110]
Chapter 15.64
FARM MARKETING
Sections
15.64.010
15.64.030
15.64.040
15.64.050
15.64.053
Director’s duties and powers.
Studies of farm marketing problems—Rules.
Use of funds for studies—Joint studies with other agencies.
Small farm direct marketing assistance program—Created—
Duties.
Small farm direct marketing assistance program—Report on
accomplishments.
15.64.010 Director’s duties and powers. The
director shall investigate and promote the economical and
efficient distribution of farm products, and in so doing may
cooperate with federal agencies and agencies of this and
other states engaged in similar activities. For such purposes
he may:
(1) Maintain a market news service by bulletins and
through newspapers, giving information as to prices, available supplies of different farm products, demand in local and
foreign markets, freight rates, and any other data of interest
to producers and consumers;
(2) Aid producers and consumers in establishing
economical and efficient methods of distribution, promoting
more direct business relations by organizing cooperative
societies of buyers and sellers and by other means reducing
the cost and waste in the distribution of farm products;
(3) Investigate the methods of middlemen handling farm
products, and in so doing, he may hear complaints and
suggestions and may visit places of business of all such
middlemen and may examine under oath, the officers and
employees thereof;
(4) If he finds further legislation on this subject advisable, he shall make recommendations thereon to the governor not later than the fifteenth of November of each evennumbered year;
(5) Investigate the possibilities of direct dealing between
the producer and consumer by parcel post and other mail
order methods;
(6) Assist in the obtaining and employment of farm
labor, and to that end cooperate with federal, state and
municipal agencies engaged in similar work;
(7) Investigate the methods, charges and delays of
transportation of farm products and assist producers in
relation thereto. [1961 c 11 § 15.64.010. Prior: 1917 c 119
§ 3; RRS § 2876.]
15.64.030 Studies of farm marketing problems—
Rules. The director shall enact rules and regulations
governing the pursuit of technical studies of farm marketing
problems. Said studies shall be under the supervision of the
director of the experimental station of Washington State
University. The extension service of Washington State
(2002 Ed.)
Farm Marketing
University shall provide for dissemination to the public of
knowledge gained by such studies. [1961 c 11 § 15.64.030.
Prior: 1947 c 280 § 2; Rem. Supp. 1947 § 2909-2.]
15.64.040 Use of funds for studies—Joint studies
with other agencies. Moneys appropriated to the department for agricultural marketing research shall be expended
by the department to further studies by the department, the
experiment station of Washington State University and the
extension service of Washington State University. The
studies shall be made jointly or in conjunction with those
made by the United States Department of Agriculture as provided for in the Flannigan-Hope Act, Title II "The Agricultural Marketing Act of 1946" Public Law 733. All funds
appropriated shall be expended jointly and as matching funds
with any federal funds made available for such purposes.
[1961 c 11 § 15.64.040. Prior: 1947 c 280 § 1; Rem. Supp.
1947 § 2909-1.]
15.64.050 Small farm direct marketing assistance
program—Created—Duties. (Expires July 1, 2007.) (1)
The small farm direct marketing assistance program is
created.
(2) The director shall employ a small farm direct
marketing assistant.
(3) The small farm direct marketing assistance program
shall assist small farms in their direct marketing efforts. In
carrying out this duty the program shall:
(a) Assist small farms in complying with federal, state,
and local rules and regulations as they apply to direct
marketing of agricultural products;
(b) Assist in developing infrastructure to increase direct
marketing opportunities for small farms;
(c) Provide information on direct marketing opportunities for small farms;
(d) Promote localized food production systems;
(e) Increase access to information for farmers wishing
to sell farm products directly to consumers;
(f) Identify and help reduce market barriers facing small
farms in direct marketing;
(g) Assist in developing and submitting proposals to
grant programs to assist small farm direct marketing efforts;
and
(h) Perform other functions that will assist small farms
in directly marketing their products.
(4) This section expires July 1, 2007. [2001 2nd sp.s.
c 3 § 2.]
Findings—2001 2nd sp.s. c 3: "The legislature finds that:
(1) Many consumers in this state appreciate and seek out the
opportunity to purchase local farm products.
(2) Consumers and small-scale farmers would both benefit from
increased opportunities to market farm products locally. Direct marketing
provides farmers with the opportunity to realize an increased share of
consumers’ food dollars and provides consumers with a greater opportunity
to support local agriculture and understand farm operations, farm culture,
and the role farms play in meeting our food needs.
(3) The state would greatly benefit from a focused effort to increase
the economic viability and profitability of small farms through increasing
their ability to market their products directly to consumers.
(4) Direct marketing opportunities are often not feasible for farmers
to undertake because of market barriers and the difficulty of obtaining
information related to marketing.
(5) A direct marketing assistance program for small farmers could
provide the needed information, technical assistance, and barrier clearing
(2002 Ed.)
15.64.030
work that is a key to increasing direct marketing of farm products." [2001
2nd sp.s. c 3 § 1.]
15.64.053 Small farm direct marketing assistance
program—Report on accomplishments. (Expires July 1,
2007.) (1) The director shall, by December 1, 2006, issue
a report on the accomplishments of the small farm direct
marketing assistance program. The report must be submitted
to the committees of the senate and the house of representatives that have jurisdiction over agricultural issues. The
report must be made available to the public.
(2) This section expires July 1, 2007. [2001 2nd sp.s.
c 3 § 3.]
Findings—2001 2nd sp.s. c 3: See note following RCW 15.64.050.
Chapter 15.65
WASHINGTON STATE AGRICULTURAL
COMMODITY BOARDS
(Formerly: Washington state agricultural enabling act of 1961—
Commodity boards)
Sections
15.65.010
15.65.020
15.65.028
15.65.033
15.65.040
15.65.043
15.65.047
15.65.050
15.65.055
15.65.060
15.65.070
15.65.090
15.65.100
15.65.110
15.65.120
15.65.130
15.65.140
15.65.150
15.65.160
15.65.170
15.65.175
15.65.180
15.65.183
15.65.185
15.65.190
Short title.
Definitions.
Regulating agricultural commodities—Existing comprehensive scheme.
Regulating agricultural commodities—Laws applicable.
Establishing a commodity board—Marketing order—
Purposes.
Board may establish foundation.
Director’s duties and responsibilities—Amendments to marketing orders or agreements without a referendum—
Rules.
Director to enforce and administer chapter—Marketing
agreements, orders issued, amended, notice, grounds for
amendments.
Regulatory authority on the production of rapeseed by variety and location.
Form, filing of marketing agreement, order, amendment, and
other proceedings.
Notice of hearing on proposal—Publication—Contents.
Subpoenas—Compelling attendance of witnesses, fees—
Immunity of witnesses.
Director’s findings and recommended decision, delivery of
copies—Taking official notice of facts from other agencies.
Filing objections to recommended decision—Final decision—Waiver.
Contents and scope of recommended and final decision—
Delivery of copies.
Agreements binding only on those who assent in writing—
Agreement not effective until sufficient signatories to
effectuate chapter—When effective.
Minimum assent requirements prerequisite to order or
amendment affecting producers or producer marketing.
Minimum requirements prerequisite to order or amendment
assessing handlers—Assent by producers.
Ascertainment of required assent percentages.
Issuance or amendment of marketing order—Assent—Rules.
Issuing, amending, or terminating a marketing order—
Limitation on public hearings or referendums.
Suspension of marketing agreement or order upon advice of
commodity board—Certain prerequisites waived.
Termination of marketing order or agreement—Petition—
Procedure.
Referendum prior to termination of a marketing order or
agreement—Procedure—Exceptions.
Termination of agreement or order on assent of producers—
Procedure.
[Title 15 RCW—page 111]
Chapter 15.65
15.65.193
15.65.200
15.65.203
15.65.205
15.65.210
15.65.220
15.65.230
15.65.235
15.65.240
15.65.243
15.65.245
15.65.250
15.65.260
15.65.270
15.65.280
15.65.283
15.65.285
15.65.290
15.65.295
15.65.300
15.65.305
15.65.310
15.65.320
15.65.330
15.65.340
15.65.350
15.65.360
15.65.370
15.65.375
15.65.380
15.65.390
15.65.400
15.65.410
15.65.420
15.65.430
15.65.440
15.65.450
15.65.470
15.65.480
15.65.490
15.65.500
Title 15 RCW: Agriculture and Marketing
When marketing order or agreement is terminated—Duties
of affected commodity board.
Lists of affected parties—Information used to establish
lists—Purpose and use.
Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
After any vote, referendum, nomination, or election—
Affected parties provided results—Disputes.
Powers and duties of director with respect to the administration and enforcement of agreements and orders—
Administrator—Personnel.
Commodity boards—Membership—Marketing agreement or
order to establish and control—Director votes.
Qualifications of members of commodity boards.
Producer-handlers as producers for membership purposes—
Exception.
Terms of members of commodity boards—Elections or appointment.
When director appoints majority of the board—
Nominations—Advisory vote—Notice—Director selects
either of two candidates receiving the most votes.
When director appoints majority of the board—
Nominations—Advisory vote—Notice—Director appoints candidate receiving the most votes—Exception.
Nominations for election to commodity board—When only
one nominee.
Election of members of commodity board—Procedure.
Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
Powers and duties of commodity board—Reservation of
power to director.
Members may belong to association with same objectives—
Contracts with other associations authorized.
Restrictive provisions of chapter 43.78 RCW not applicable
to promotional printing and literature of commodity
boards.
Claims and liabilities, enforcement against organization—
Personal liabilities of officials, employees, etc.
Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
Agreement or order to contain detailed statement of powers
and purposes.
Promotional hosting expenditures—Rules.
Advertising, sale, trade barrier, claim, etc., provisions in
agreement or order.
Agreement and order provisions for research.
Agreement and order provisions for uniform grades and
standards—Enforcement—Rules.
Agreement and order provisions prohibiting or regulating
certain practices.
Agreement and order to define applicable area—"Production
area"—"Marketing area."
Agreement and order provisions for marketing information,
services, verification of grades, standards, sampling, etc.
Agreement or order not to prohibit or discriminatorily burden marketing.
Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural
chemicals.
Additional agreement or order provisions.
Annual assessment—Limitation generally.
Rate of assessment.
Time, place, method for payment and collection of assessments.
Use of moneys collected—Departmental expenses.
Refunds of moneys received or collected.
Assessments personal debt—Additional percentage if not
paid—Civil action to collect.
Deposit to defray department’s expenses—Circumstances
requiring reimbursement.
Depositaries for revolving fund—Deposits.
Separate accounts for each agreement or order—
Disbursements.
Records of financial transactions to be kept by director—
Audits.
Bonds of administrator, board, employee.
[Title 15 RCW—page 112]
15.65.510
Information and inspections required—Hearings—
Confidentiality and disclosures.
15.65.520 Criminal acts and penalties.
15.65.530 Civil liability—Use of moneys recovered.
15.65.540 Jurisdiction of superior courts—Who may bring action.
15.65.550 Duty of attorney general and prosecuting attorneys—
Investigation and hearing by director.
15.65.560 Remedies additional.
15.65.570 Proceedings subject to administrative procedure act—
Exemptions.
15.65.580 Director may issue agreement or order similar to license or
order issued by United States—Administrator, board.
15.65.590 Cooperation, joint agreements or orders with other states and
United States to achieve uniformity.
15.65.600 Public interest to be protected—Establishment of prices
prohibited.
15.65.610 Orders, rules of Washington utilities and transportation commission and interstate commerce commission not affected.
15.65.620 Chapter not to affect other laws—Agreements and orders
under prior law may be made subject to chapter.
15.65.630 Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.
15.65.640 Chapter not to apply to green pea grower or processor.
15.65.650 Hop commodity board—Powers.
15.65.900 Savings—1961 c 256.
15.65.910 Severability—1961 c 256.
Agricultural processing and marketing associations: Chapter 24.34 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.65.010 Short title. This chapter shall be known
and may be cited as the Washington state agricultural
enabling act. [1961 c 256 § 1.]
15.65.020 Definitions. The following terms are
hereby defined:
(1) "Director" means the director of agriculture of the
state of Washington or his or her duly appointed representative. The phrase "director or his or her designee" means the
director unless, in the provisions of any marketing agreement
or order, he or she has designated an administrator, board, or
other designee to act in the matter designated, in which case
"director or his or her designee" means for such order or
agreement the administrator, board, or other person(s) so
designated and not the director.
(2) "Department" means the department of agriculture
of the state of Washington.
(3) "Marketing order" means an order adopted by the
director under this chapter that establishes a commodity
board for an agricultural commodity or agricultural commodities with like or common qualities or producers.
(4) "Marketing agreement" means an agreement entered
into and issued by the director pursuant to this chapter.
(5) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other
animal or any distinctive type of agricultural, horticultural,
viticultural, floricultural, vegetable, or animal product,
including, but not limited to, products qualifying as organic
food products under chapter 15.86 RCW and private sector
cultured aquatic products as defined in RCW 15.85.020 and
other fish and fish products, either in its natural or processed
state, including beehives containing bees and honey and
Christmas trees but not including timber or timber products.
The director is hereby authorized to determine (on the basis
(2002 Ed.)
Washington State Agricultural Commodity Boards
of common usage and practice) what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter.
(6) "Production area" and "marketing area" means any
area defined as such in any marketing order or agreement in
accordance with RCW 15.65.350. "Affected area" means the
marketing or production area so defined in such order,
agreement or proposal.
(7) "Unit" of an agricultural commodity means a unit of
volume, weight, quantity, or other measure in which such
commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be
used therein.
(8) "Affected unit" means in the case of marketing
agreements and orders drawn on the basis of a production
area, any unit of the commodity specified in or covered by
such agreement or order which is produced in such area and
sold or marketed or delivered for sale or marketing; and
"affected unit" means, in the case of marketing agreements
and orders drawn on the basis of marketing area, any unit of
the commodity specified in or covered by such agreement or
order which is stored in frozen condition or sold or marketed
or delivered for sale or marketing within such marketing
area: PROVIDED, That in the case of marketing agreements
"affected unit" shall include only those units which are
produced by producers or handled by handlers who have
assented to such agreement.
(9) "Affected commodity" means that part or portion of
any agricultural commodity which is covered by or forms the
subject matter of any marketing agreement or order or
proposal, and includes all affected units thereof as herein
defined and no others.
(10) "Producer" means any person engaged in the
business of producing any agricultural commodity for market
in commercial quantities. "Affected producer" means any
producer who is subject to a marketing order or agreement.
"To produce" means to act as a producer. For the purposes
of RCW 15.65.140 and 15.65.160 as now or hereafter
amended "producer" shall include bailees who contract to
produce or grow any agricultural product on behalf of a
bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further
production or increase.
(11) "Handler" means any person who acts, either as
principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of
a frozen agricultural commodity which was not produced by
him or her. "Handler" does not mean a common carrier
used to transport an agricultural commodity. "Affected
handler" means any handler of an affected commodity. "To
handle" means to act as a handler.
(12) "Producer-handler" means any person who acts
both as a producer and as a handler with respect to any
agricultural commodity. A producer-handler shall be
deemed to be a producer with respect to the agricultural
commodities which he or she produces, and a handler with
respect to the agricultural commodities which he or she
handles, including those produced by himself or herself.
(13) "Cooperative association" means any incorporated
or unincorporated association of producers which conforms
to the qualifications set out in the act of congress of the
United States of February 18, 1922 as amended, known as
(2002 Ed.)
15.65.020
the "Capper-Volstead Act" and which is engaged in making
collective sales or in marketing any agricultural commodity
or product thereof or in rendering service for or advancing
the interests of the producers of such commodity on a
nonprofit cooperative basis.
(14) "Member of a cooperative association" means any
producer who markets his or her product through such
cooperative association and who is a voting stockholder of
or has a vote in the control of or is a party to a marketing
agreement with such cooperative association with respect to
such product.
(15) "Producer marketing" or "marketed by producers"
means any or all operations performed by any producer or
cooperative association of producers in preparing for market
and marketing, and shall include: (a) selling any agricultural
commodity produced by such producer(s) to any handler; (b)
delivering any such commodity or otherwise disposing of it
for commercial purposes to or through any handler.
(16) "Commercial quantities" as applied to producers
and/or production means such quantities per year (or other
period of time) of an agricultural commodity as the director
finds are not less than the minimum which a prudent man
engaged in agricultural production would produce for the
purpose of making such quantity of such commodity a
substantial contribution to the economic operation of the
farm on which such commodity is produced. "Commercial
quantities" as applied to handlers and/or handling means
such quantities per year (or other period of time) of an
agricultural commodity or product thereof as the director
finds are not less than the minimum which a prudent man
engaged in such handling would handle for the purpose of
making such quantity a substantial contribution to the
handling operation in which such commodity or product
thereof is so handled. In either case the director may in his
or her discretion: (a) Determine that substantial quantity is
any amount above zero; and (b) apply the quantity so
determined on a uniform rule applicable alike to all persons
which he or she finds to be similarly situated.
(17) "Commodity board" means any board established
pursuant to RCW 15.65.220. "Board" means any such
commodity board unless a different board is expressly specified.
(18) "Sell" includes offer for sale, expose for sale, have
in possession for sale, exchange, barter or trade.
(19) "Section" means a section of this chapter unless
some other statute is specifically mentioned. The present
includes the past and future tenses, and the past or future the
present. The masculine gender includes the feminine and
neuter. The singular number includes the plural and the
plural includes the singular.
(20) "Represented in a referendum" means that a written
document evidencing approval or assent or disapproval or
dissent is duly and timely filed with or mailed to the director
by or on behalf of an affected producer and/or a volume of
production of an affected commodity in a form which the
director finds meets the requirements of this chapter.
"Referendum" means a vote by the affected parties or
affected producers which is conducted by secret ballot.
(21) "Person" means any individual, firm, corporation,
limited liability company, trust, association, partnership,
society, or any other organization of individuals, or any unit
or agency of local, state, or federal government.
[Title 15 RCW—page 113]
15.65.020
Title 15 RCW: Agriculture and Marketing
(22) "Affected parties" means any producer, affected
producer, handler, or commodity board member.
(23) "Assessment" means the monetary amount established in a marketing order or agreement that is to be paid
by each affected producer to a commodity board in accordance with the schedule established in the marketing order
or agreement.
(24) "List of affected parties" means a list containing
the names and mailing addresses of affected parties. This
list shall contain the names and addresses of all affected
parties and, if requested by the director, the amount, by unit,
of the affected commodity produced during a designated
period under this chapter.
(25) "List of affected producers" means a list containing
the names and mailing addresses of affected producers. This
list shall contain the names and addresses of all affected
producers and, if requested by the director, the amount, by
unit, of the affected commodity produced during a designated period under this chapter.
(26) "List of affected handlers" means a list containing
the names and addresses of affected handlers. This list shall
contain the names and addresses of all affected handlers and,
if requested by the director, the amount, by unit, of the
affected commodity handled during a designated period
under this chapter.
(27) "Mail" or "send" for purposes of any notice relating
to rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(28) "Percent by numbers" means the percent of those
persons on the list of affected parties or affected producers.
(29) "Rule-making proceedings" means the rule-making
provisions as outlined in chapter 34.05 RCW.
(30) "Vacancy" means that a board member leaves or is
removed from a board position prior to the end of a term, or
a nomination process for the beginning of a term concludes
with no candidates for a position.
(31) "Volume of production" means the percent of the
average volume of production of the affected commodity of
those on the list of affected parties or affected producers for
a production period. For the purposes of this chapter, a
production period is a minimum three-year period or as
specified in the marketing order or agreement. [2002 c 313
§ 1; 1993 c 80 § 2; 1986 c 203 § 15. Prior: 1985 c 457 §
13; 1985 c 261 § 1; 1975 1st ex.s. c 7 § 2; 1961 c 256 § 2.]
Effective dates—2002 c 313: "This act takes effect July 1, 2002,
except for sections 1, 15, 17, 29, 30, 39, 45, 57, 58, 137, and 138 of this act
which are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [April 2, 2002]." [2002 c 313 §
139.]
Severability—1986 c 203: See note following RCW 15.17.230.
15.65.028 Regulating agricultural commodities—
Existing comprehensive scheme. The history, economy,
culture, and the future of Washington state to a large degree
all involve agriculture. In order to develop and promote
Washington’s agricultural products as part of the existing
comprehensive scheme to regulate agricultural commodities,
the legislature declares:
[Title 15 RCW—page 114]
(1) That the marketing of agricultural products within
this state is in the public interest. It is vital to the continued
economic well-being of the citizens of this state and their
general welfare that its agricultural commodities be properly
promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound,
efficient, and unhampered marketing, grading, and standardizing of the commodities they produce and (b) working
towards stabilizing the agricultural industry by increasing
consumption of agricultural commodities within the state, the
nation, and internationally;
(2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them for the benefit
of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair
the agricultural producer’s ability to compete in local,
domestic, and foreign markets;
(3) That it is now in the overriding public interest that
support for the agricultural industry be clearly expressed,
that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a
comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agricultural commodities;
(b) Increase the sale and use of Washington state’s
agricultural commodities in local, domestic, and foreign
markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s agricultural commodities;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of Washington state’s agricultural commodities and products; and
(e) Support and engage in programs or activities that
benefit the planting, production, harvesting, handling,
processing, marketing, and uses of agricultural commodities
produced in Washington state;
(4) That the director seek to enhance, protect, and
perpetuate the ability of the private sector to produce food
and fiber, and seek to maintain the economic well-being of
the agricultural industry in Washington state consistent with
its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement,
administer, and enforce this chapter through the adoption of
marketing orders that establish commodity boards; and
(6) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state. [2002 c 313 § 2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.033 Regulating agricultural commodities—
Laws applicable. This chapter and the rules adopted under
it are only one aspect of the comprehensively regulated
agricultural industry.
(1) Other laws applicable to agricultural commodities
include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
(2002 Ed.)
Washington State Agricultural Commodity Boards
Chapter 15.13 RCW Horticultural plants and facilities—
Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of
ginseng;
Chapter 15.30 RCW Controlled atmosphere storage of
fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair
practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW Organic food products;
Chapter 15.92 RCW Center for sustaining agriculture
and natural resources;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission
merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.04 RCW Food, drugs, cosmetics, and
poisons including provisions of 21 C.F.R. relating to the
general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and
egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and
rodenticide act.
(2) In addition to the laws and regulations listed in
subsection (1) of this section that apply to the agricultural
industry as a whole, the dry pea and lentil industry is
regulated by or must comply with the additional laws and
rules adopted under 7 U.S.C., chapter 38, agricultural
marketing act. [2002 c 313 § 3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.040 Establishing a commodity board—
Marketing order—Purposes. The director may adopt a
marketing order that establishes a commodity board under
this chapter for any of the following purposes:
(1) To aid agricultural producers in preventing economic
waste in the marketing of their agricultural commodities and
in developing more efficient methods of marketing agricultural products.
(2) To enable agricultural producers of this state, with
the aid of the state:
(a) To develop, and engage in research for developing,
better and more efficient production, irrigation, processing,
transportation, handling, marketing, and utilization of
agricultural products;
(b) To establish orderly marketing of agricultural
commodities;
(2002 Ed.)
15.65.033
(c) To provide for uniform grading and proper preparation of agricultural commodities for market;
(d) To provide methods and means (including, but not
limited to, public relations and promotion) for the maintenance of present markets and for the development of new or
larger markets, both domestic and foreign, for agricultural
commodities produced within this state and for the prevention, modification, or elimination of trade barriers which
obstruct the free flow of such agricultural commodities to
market;
(e) To eliminate or reduce economic waste in the
marketing and/or use of agricultural commodities;
(f) To restore and maintain adequate purchasing power
for the agricultural producers of this state;
(g) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity
produced in Washington state to any elected official or
officer or employee of any agency;
(h) To provide marketing information and services for
producers of an agricultural commodity;
(i) To provide information and services for meeting
resource conservation objectives of producers of an agricultural commodity;
(j) To engage in cooperative efforts in the domestic or
foreign marketing of food products of an agricultural
commodity;
(k) To provide for commodity-related education and
training; and
(l) To accomplish all the declared policies of this
chapter.
(3) To protect the interest of consumers by assuring a
sufficient pure and wholesome supply of agricultural
commodities of good quality at all seasons and times. [2002
c 313 § 4; 2001 c 315 § 4; 1961 c 256 § 4.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.043 Board may establish foundation. A
commodity board may establish a foundation using commission funds as grant money when the foundation benefits the
commodity for which the board was established. Commission funds may be used for the purposes authorized in the
marketing order. [2001 c 315 § 7.]
15.65.047 Director’s duties and responsibilities—
Amendments to marketing orders or agreements without
a referendum—Rules. (1) The director may adopt rules
necessary to carry out the director’s duties and responsibilities under this chapter including:
(a) The issuance, amendment, or termination of marketing orders or agreements;
(b) Procedural, technical, or administrative rules which
may address and include, but are not limited to:
(i) The submission of a petition to issue, amend, or
terminate a marketing order or agreement under this chapter;
(ii) Nominations conducted under this chapter;
(iii) Elections of board members or referenda conducted
under this chapter;
(iv) Actions of the director upon a petition to issue,
amend, or terminate a marketing order or agreement;
(c) Rules that provide for a method to fund:
[Title 15 RCW—page 115]
15.65.047
Title 15 RCW: Agriculture and Marketing
(i) The costs of staff support for all commodity boards
and commissions in accordance with RCW 43.23.033 if the
position is not directly funded by the legislature; and
(ii) The actual costs related to the specific activity
undertaken on behalf of an individual commodity board or
commission.
(2) The director may adopt amendments to marketing
agreements or orders without conducting a referendum if the
amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal
administration of a marketing order or agreement and are not
subject to violation by a person;
(b) The proposed amendments adopt or incorporate by
reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington
state agencies, if the material adopted or incorporated
regulates the same activities as are authorized under the
marketing order or agreement;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order or
agreement; and
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order or agreement shall not be amended
without a referendum to provide that a majority of the
commodity board members be appointed by the director.
[2002 c 313 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.050 Director to enforce and administer
chapter—Marketing agreements, orders issued, amended,
notice, grounds for amendments. The director shall
administer and enforce this chapter and it shall be his or her
duty to carry out its provisions and put them into force in
accordance with its terms, but issuance, amendment, modification, and/or suspension of marketing agreements and
orders and of any terms or provisions thereof shall be
accomplished according to the procedures set forth in this
chapter and not otherwise. Whenever he or she has reason
to believe that the issuance or amendment of a marketing
agreement or order will tend to effectuate any declared
policy or purpose of this chapter with respect to any agricultural commodity, and in the case of application for issuance
or amendment ten or more producers of such commodity
apply or when a petition for amendment is submitted by
majority vote of a commodity board, then the director shall
give due notice of, and an opportunity for, a public hearing
upon such issuance or amendment, and the director shall
issue marketing agreements and orders containing the
provisions specified in this chapter and from time to time
amend the same whenever upon compliance with and on the
basis of facts adduced in accordance with the procedural
requirements of this chapter he or she shall find that such
agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared
policies of this chapter and is needed in order to effectuate
the same.
(2) Is reasonably adapted to accomplish the purposes
and objects for which it is issued and complies with the
applicable provisions of this chapter.
[Title 15 RCW—page 116]
(3) Has been approved or favored by the percentages of
producers and/or handlers specified in and ascertained in
accordance with this chapter. [2002 c 313 § 5; 1961 c 256
§ 5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.055 Regulatory authority on the production
of rapeseed by variety and location. The legislature finds
that the production of marketable rapeseed within this state
is in the interest of the public welfare. The legislature
further finds that the production of incompatible varieties of
rapeseed in close geographical proximity adversely affects
the purity and marketability of rapeseed, and that it is in the
public interest to establish geographical districts and buffer
zones wherein the production of rapeseed may be restricted
by variety.
For the purpose of rapeseed production in the state of
Washington, the director of the department of agriculture
shall have the regulatory authority on the production of
rapeseed by variety and geographic location until such time
as a rapeseed commodity commission is formulated. Once
formed, the rapeseed commodity commission shall assume
the regulatory authority on the production of rapeseed by
variety and geographic location in the state of Washington.
[1986 c 203 § 21.]
Severability—1986 c 203: See note following RCW 15.17.230.
15.65.060 Form, filing of marketing agreement,
order, amendment, and other proceedings. The director
shall cause any marketing agreement, order proposed for
issuance, or amendment to be set out in detailed form and
reduced to writing, which writing is herein designated
"proposal." The director shall make and maintain on file in
the office of the department a copy of each proposal and a
full and complete record of all notices, hearings, findings,
decisions, assents, and all other proceedings relating to each
proposal and to each marketing agreement and order. [2002
c 313 § 6; 1961 c 256 § 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.070 Notice of hearing on proposal—
Publication—Contents. The director shall publish notice of
any hearing called for the purpose of considering and acting
upon any proposal for a period of not less than two days in
one or more newspapers of general circulation as the director
may prescribe. No such public hearing shall be held prior
to five days after the last day of such period of publication.
Such notice shall set forth the date, time and place of said
hearing, the agricultural commodity and the area covered by
such proposal; a concise statement of the proposal; a concise
statement of each additional subject upon which the director
will hear evidence and make a determination, and a statement that, and the address where, copies of the proposal may
be obtained. The director shall also mail notice to all
producers and handlers within the affected area who may be
directly affected by such proposal and whose names and
addresses appear, on the day next preceding the day on
which such notice is published, upon lists of such persons
then on file in the department. [2002 c 313 § 8; 1987 c 393
§ 5; 1985 c 261 § 2; 1979 c 154 § 4; 1961 c 256 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
(2002 Ed.)
Washington State Agricultural Commodity Boards
Severability—1979 c 154: See note following RCW 15.49.330.
15.65.090 Subpoenas—Compelling attendance of
witnesses, fees—Immunity of witnesses. The director shall
have the power to issue subpoenas for the production of any
books, records, or documents of any kind and to subpoena
witnesses to be produced or to appear (as the case may be)
in the county wherein the principal party involved in such
hearing resides. No person shall be excused from attending
and testifying or from producing documentary evidence
before the director in obedience to the subpoena of the
director on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required of him or her
may tend to incriminate him or her or subject him or her to
a penalty or forfeiture, but no natural person shall be
prosecuted or subject to any penalty or forfeiture for or on
account of any transaction, matter or thing concerning which
he or she may be so required to testify or produce evidence,
documentary or otherwise, before the director in obedience
to a subpoena issued by him or her: PROVIDED, That no
natural person so testifying shall be exempt from prosecution
and punishment for perjury committed in so testifying. The
superior court of the county in which any such hearing or
proceeding may be had, may compel the attendance of
witnesses and the production of records, papers, books,
accounts, documents and testimony as required by such subpoena. In case any witness refuses to attend or testify or
produce any papers required by the subpoena, the director or
his or her examiner shall so report to the superior court of
the county in which the proceeding is pending by petition
setting forth that due notice was given of the time and place
of attendance of the witness or the production of the papers
and that the witness has been summoned in the manner
prescribed in this chapter and that the fees and mileage of
the witness have been paid or tendered to him or her in
accordance with RCW 2.40.020 and that he or she has failed
to attend or produce the papers required by the subpoena at
the hearing, cause, or proceeding specified in the notice and
subpoena, or has refused to answer questions propounded to
him or her in the course of such hearing, cause or proceeding, and shall ask an order of the court to compel such
witness to appear and testify before the director. The court
upon such petition shall enter an order directing the witness
to appear before the court at a time and place to be fixed in
such order and then and there show cause why he or she has
not responded to the subpoena. A certified copy of the show
cause order shall be served upon the witness. If it shall
appear to the court that the subpoena was regularly issued,
the court shall enter a decree that the witness appear at the
time and place fixed in the decree and testify or produce the
required papers, and on failing to obey said decree the
witness shall be dealt with as for contempt of court. [2002
c 313 § 9; 1961 c 256 § 9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.100 Director’s findings and recommended
decision, delivery of copies—Taking official notice of
facts from other agencies. The director shall make and
publish findings based upon the facts, testimony and evidence received at the public hearings together with any other
relevant facts available to him from official publications of
(2002 Ed.)
15.65.070
the United States or any state thereof or any institution of
recognized standing and he is hereby expressly empowered
to take "official notice" of the same. Such findings shall be
made upon every material point controverted at the hearing
and/or required by this chapter and upon such other matters
and things as the director may deem fitting and proper. The
director shall issue a recommended decision based upon his
findings and shall cause copies of the findings and recommended decision to be delivered or mailed to all parties of
record appearing at the hearing, or their attorneys of record.
[1961 c 256 § 10.]
15.65.110 Filing objections to recommended decision—Final decision—Waiver. After the issuance of a
recommended decision all interested parties shall have a
period of not less than ten days to file objections or exceptions with the director. Thereafter the director shall take
such objections and exceptions as are filed into consideration
and shall issue and publish his final decision which may be
the same as the recommended decision or may be revised in
the light of said objections and exceptions. Upon written
waiver executed by all parties of record at any hearing or by
their attorneys of record the director may in his discretion
omit compliance with the provisions of this section. [1961
c 256 § 11.]
15.65.120 Contents and scope of recommended and
final decision—Delivery of copies. The recommended
decision shall contain the text in full of any recommended
agreement, order, or amendment, and may deny or approve
the proposal in its entirety, or it may recommend a marketing agreement, order, or amendment containing other or different terms or conditions from those contained in the
proposal: PROVIDED, That the same shall be of a kind or
type substantially within the purview of the notice of hearing
and shall be supported by evidence taken at the hearing or
by documents of which the director is authorized to take
official notice. The final decision shall set out in full the
text of the agreement, order, or amendment covered thereby,
and the director shall issue and deliver or mail copies of the
final decision to all producers and handlers within the
affected area who may be directly affected by such final
decision and whose names and addresses appear, on the day
next preceding the day on which such final decision is
issued, upon the lists of such persons then on file in the
department, and to all parties of record appearing at the
hearing, or their attorneys of record. If the final decision
denies the proposal in its entirety no further action shall be
taken by the director. [2002 c 313 § 10; 1985 c 261 § 3;
1961 c 256 § 12.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.130 Agreements binding only on those who
assent in writing—Agreement not effective until sufficient
signatories to effectuate chapter—When effective. With
respect to marketing agreements, the director shall after
publication of his final decision, invite all producers and
handlers affected thereby to assent or agree to the agreement
or amendment set out in such decision. Said marketing
agreements or amendments thereto shall be binding upon and
only upon persons who have agreed thereto in writing and
[Title 15 RCW—page 117]
15.65.130
Title 15 RCW: Agriculture and Marketing
whose written agreement has been filed with the director:
PROVIDED, That the filing of such written agreement by a
cooperative association shall be binding upon such cooperative and all of its members, and PROVIDED, FURTHER,
That the director shall enter into and put into force a
marketing agreement or amendment thereto when and only
when he shall find in addition to the other findings specified
in this chapter that said marketing agreement or any amendment thereto has been assented to by a sufficient number of
signatories who handle or produce a sufficient volume of the
commodity affected to tend to effectuate the declared
policies and purposes of this chapter and to accomplish the
purposes and objects of such agreement or amendment
thereto and provide sufficient moneys from assessments
levied to defray the necessary expenses of formulation, issuance, administration and enforcement. Such agreement shall
be deemed to be issued and put into force and effect when
the director shall have so notified all persons who have
assented thereto. [1961 c 256 § 13.]
15.65.140 Minimum assent requirements prerequisite to order or amendment affecting producers or
producer marketing. No marketing order or amendment
thereto directly affecting producers or producer marketing
shall be issued unless the director determines (in accordance
with any of the procedures described at RCW 15.65.160)
that the issuance of such order or amendment is assented to
or favored by producers within the affected area who during
a representative period determined by the director constituted
either (1) at least sixty-five percent by numbers and at least
fifty-one percent by volume of production of the producers
who have been engaged within the area of production
specified in such marketing order in the production for
market of the commodity specified therein, or who during
such representative period have been engaged in the production of such commodity for marketing in the marketing area
specified in such marketing order, or (2) at least fifty-one
percent by numbers and at least sixty-five percent by volume
of production of such producers: PROVIDED, That producers shall be deemed to have assented to or approved a
proposed amendment order if sixty percent or more by
number and sixty percent or more by volume of those
replying assent or approve the proposed order in a referendum. [1985 c 261 § 4; 1975 1st ex.s. c 7 § 3; 1961 c 256
§ 14.]
15.65.150 Minimum requirements prerequisite to
order or amendment assessing handlers—Assent by
producers. Any marketing order or amendment thereto
directly assessing handlers shall be issued either (1) when
the director determines that the issuance of such order or
amendment is assented to or favored by handlers who during
a representative period determined by the director constituted
at least fifty-one percent by numbers or fifty-one percent by
volume handled of the handlers who have been engaged in
the handling of the commodity specified in such marketing
order produced in such production area or marketed in such
marketing area, as the case may be, or (2) when upon the
basis of findings on a duly noticed hearing held in the
manner herein provided, the director determines:
[Title 15 RCW—page 118]
(a) That the issuance of such order or amendment will
not result in unequal cost of product or availability of
supplies, or cause competitive disadvantage of other respects
as between handlers;
(b) That the issuance of such order or amendment is the
only practical means of advancing the interest of producers
of such commodity pursuant to the declared policy of this
chapter and that failure to issue such order or amendment
would tend to prevent effectuation of the declared policies of
this chapter;
(c) That the issuance of such order is assented to or
favored by producers who during a representative period
determined by the director constituted at least seventy-five
percent by numbers or at least sixty-five percent by volume
of production of the producers who have been engaged
within the production area specified in such marketing order
in the production for market of the commodity specified
therein, or who during such representative period have been
engaged in the production of such commodity for sale in the
marketing area specified in such order. [1985 c 261 § 5;
1961 c 256 § 15.]
15.65.160 Ascertainment of required assent percentages. After publication of his final decision, the director
shall ascertain (either by written agreement in accordance
with subdivision (1) of this section or by referendum in
accordance with subdivision (2) of this section) whether the
above specified percentages of producers and/or handlers
assent to or approve any proposed order, amendment or
termination, and for such purpose:
(1) The director may ascertain whether assent or
approval by the percentages specified in RCW 15.65.140,
15.65.150 or 15.65.190 (whichever is applicable) have been
complied with by written agreement, and the requirements of
assent or approval shall, in such case, be held to be complied
with, if of the total number of affected producers or affected
handlers within the affected area and the total volume of
production of the affected commodity or product thereof, the
percentages evidencing assent or approval are equal to or in
excess of the percentages specified in said sections; or
(2) The director may conduct a referendum among
producers within the affected area and the requirements of
assent or approval shall be held to be complied with if of the
total number of such producers and the total volume of
production represented in such referendum the percentage
assenting to or favoring is equal to or in excess of the
percentage specified in RCW 15.65.140, 15.65.150 or
15.65.190 (whichever is applicable) as now or hereafter
amended: PROVIDED, That thirty percent of the affected
producers within the affected area producing thirty percent
by volume of the affected commodity have been represented
in a referendum to determine assent or approval of the
issuance of a marketing order: PROVIDED FURTHER,
That a marketing order shall not become effective when the
provisions of subdivision (3) of this section are used unless
sixty-five percent by number of the affected producers within
the affected area producing fifty-one percent by volume of
the affected commodity or fifty-one percent by number of
such affected producers producing sixty-five percent by
volume of the affected commodity approve such marketing
order;
(2002 Ed.)
Washington State Agricultural Commodity Boards
(3) The director shall consider the assent or dissent or
the approval or disapproval of any cooperative marketing
association authorized by its producer members either by a
majority vote of those voting thereon or by its articles of
incorporation or by its bylaws or by any marketing or other
agreement to market the affected commodity for such
members or to act for them in any such referendum as being
the assent or dissent or the approval or disapproval of the
producers who are members of or stockholders in or under
contract with such cooperative association of producers:
PROVIDED, That the association shall first determine that
a majority of its affected producers authorizes its action
concerning the specific marketing order. [1985 c 261 § 6;
1975 1st ex.s. c 7 § 4; 1961 c 256 § 16.]
15.65.170 Issuance or amendment of marketing
order—Assent—Rules. If the director determines that the
requisite assent has been given to issue or amend a marketing order, the issuance or amendment shall be adopted by
rule by the director within thirty days of the validation of the
vote. If the director determines that the requisite assent has
not been given no further action shall be taken by the
director upon the proposal, and the order contained in the
final decision shall be without force or effect. [2002 c 313
§ 11; 1987 c 393 § 6; 1961 c 256 § 17.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.175 Issuing, amending, or terminating a
marketing order—Limitation on public hearings or
referendums. The director shall not be required to hold a
public hearing or a referendum more than once in any
twelve-month period on petitions to issue, amend, or terminate a commodity marketing order if any of the following
circumstances are present:
(1) The petition proposes to establish a marketing order
or agreement for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order or agreement; or
(3) The petition proposes to terminate the same marketing order or agreement. [2002 c 313 § 12.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.180 Suspension of marketing agreement or
order upon advice of commodity board—Certain prerequisites waived. The director may, upon the advice of the
commodity board serving under any marketing agreement or
order and without compliance with the provisions of RCW
15.65.050 through 15.65.170, suspend any such agreement or
order or term or provision thereof for a period of not to
exceed one year, if the director finds that such suspension
will tend to effectuate the declared policy of this chapter.
Any suspension of all or substantially all of a marketing
agreement or order by the director shall not become effective
until the end of the then current marketing season. [2002 c
313 § 13; 1961 c 256 § 18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.183 Termination of marketing order or
agreement—Petition—Procedure. The director may
terminate a marketing order or agreement in accordance with
this chapter.
(2002 Ed.)
15.65.160
(1) To terminate a marketing order or agreement:
(a) The director must receive a petition by affected
producers under this chapter signed by at least ten percent of
the affected producers; or
(b) A majority of a commodity board may file a petition
with the director.
(2) The petitioners must include in the petition at the
time of filing:
(a) A statement of why the marketing order or agreement and the commodity board created under it no longer
meets [meet] the purposes of this chapter;
(b) The name of a person designated to represent the
petitioners; and
(c) The effective date of a marketing order or agreement
termination, which may not be less than one year from the
date the petition was filed with the director.
(3) Within sixty days of receipt of a petition meeting the
requirements of this section, the director shall commence
rule-making proceedings to repeal the marketing order or
agreement and, subsequently, a referendum on the issue.
(4) The director shall include a copy of a petition to
terminate a marketing order or agreement with the notice to
affected producers when rule-making proceedings are
commenced.
(5) If the petitioners fail to meet the requirements of this
chapter, the director shall deny the petition and a referendum
vote will not be conducted. The person designated to
represent the petitioners shall be notified if a petition is
denied. [2002 c 313 § 14.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.185 Referendum prior to termination of a
marketing order or agreement—Procedure—Exceptions.
Except as provided in RCW 15.65.190 or subsection (4) of
this section, the director, prior to termination of the marketing order or agreement, shall conduct a referendum as
provided in this chapter, the rules adopted by the director,
and the applicable marketing order or agreement.
(1) If a referendum on the termination of a marketing
order or agreement is assented to, the referendum proposal
shall be adopted by the director within thirty days of the
count of the ballots and shall go into effect under chapter
34.05 RCW. If those affected producers eligible to vote in
the referendum do not assent, no further action shall be
taken by the director on the proposal.
(2) The list of affected producers used for conducting a
referendum on the termination of a marketing order or
agreement shall be kept in the rule-making file by the
director. The list shall be certified as a true representation
of the referendum mailing list. Inadvertent failure to notify
an affected producer does not invalidate a referendum.
(3) The list of affected producers that is certified as the
true representation of the mailing list of a referendum shall
be used to determine assent as provided for in RCW
15.65.190.
(4) If the director determines that one hundred percent
of the affected producers have filed a written application
with the director requesting that a marketing order or
agreement be terminated, the director may terminate the
marketing order or agreement without conducting a referendum. The termination of the marketing order or agreement
[Title 15 RCW—page 119]
15.65.185
Title 15 RCW: Agriculture and Marketing
shall go into effect under chapter 34.05 RCW, but no sooner
than at the end of the marketing season then current. [2002
c 313 § 15.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.190 Termination of agreement or order on
assent of producers—Procedure. Any marketing agreement or order shall be terminated if the director finds that
fifty-one percent by numbers and fifty-one percent by
volume of production of the affected producers within the
affected area favor or assent to such termination. The
director may ascertain without compliance with the provisions of RCW 15.65.050 through 15.65.130 whether such
termination is so assented to or favored whenever twenty
percent by numbers or twenty percent by volume of production of said producers file written application with him for
such termination. No such termination shall become
effective until the expiration of the marketing season then
current. [1985 c 261 § 7; 1961 c 256 § 19.]
15.65.193 When marketing order or agreement is
terminated—Duties of affected commodity board. If after
complying with the procedures outlined in this chapter and
a referendum proposal to terminate a marketing order or
agreement is assented to, the affected commodity board
shall:
(1) Document the details of all measures undertaken to
terminate the marketing order and identify and document all
closing costs;
(2) Contact the office of the state auditor and arrange
for a final audit of the commodity board. Payment for the
audit shall be from commodity board funds and identified in
the budget for closing costs;
(3) Provide for the reimbursement to affected producers
of moneys collected by assessment. Reimbursement shall be
made to those considered affected producers over the
previous three-year time frame on a pro rata basis and at a
percent commensurate with their volume of production over
the previous three-year period unless a different time period
is specified in the marketing order or agreement. If the
commodity board finds that the amounts of moneys are so
small as to make impractical the computation and remitting
of the pro rata refund, the moneys shall be paid into the state
treasury as unclaimed trust moneys; and
(4) Transfer all remaining files to the department for
storage and archiving, as appropriate. [2002 c 313 § 16.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.200 Lists of affected parties—Information
used to establish lists—Purpose and use. (1) Whenever
application is made for the issuance of a marketing agreement or order or the director otherwise determines to hold a
hearing for the purpose of such issuance, the director or a
designee shall establish a list of affected parties along with
volume of production data covering a minimum three-year
period, or in such lesser time as the affected party has
produced the commodity in question, from information
provided by the petitioners, by obtaining information on
affected parties from applicable producer, handler, or
processor organizations or associations or other sources
identified as maintaining the information.
[Title 15 RCW—page 120]
(2) The director shall use the list of affected parties for
the purpose of notice, referendum proceedings, and electing
and selecting members of commodity boards in accordance
with this chapter.
(3) An affected party may at any time file his or her
name and mailing address with the director. A list of
affected parties may be brought up-to-date by the director up
to the day preceding a mailing of a notice or ballot under
this chapter and that list is deemed the list of affected parties
entitled to vote.
(4) The list of affected parties used for the issuance of
a marketing order or agreement shall be kept in a file
maintained by the director. The list shall be certified as a
true representation of the mailing list. Inadvertent failure to
notify an affected party does not invalidate a proceeding
conducted under this chapter.
(5) The list of affected parties that is certified as the
true representation of the mailing list of a referendum shall
be used to determine assent as provided in this chapter.
(6) The director shall provide the commodity board the
list of affected and interested parties once a marketing order
or agreement is adopted and a commodity board is established as provided in this chapter. [2002 c 313 § 17; 1985
c 261 § 8; 1961 c 256 § 20.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.203 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Pursuant to RCW 42.17.31907, certain agricultural business records, commodity board records, and
department of agriculture records relating to commodity
boards and producers of agricultural commodities are exempt
from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or a commodity board for
the purpose of administering this chapter or a marketing
order or agreement may be shared between the department
and the applicable commodity board. They may also be
used, if required, in any suit or administrative hearing
involving this chapter or a marketing order or agreement.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of a number of persons subject to any marketing
order or agreement as long as the statements do not identify
the information furnished by any person; or
(b) The publication by the director or a commodity
board of the name of any person violating any marketing
order or agreement and a statement of the manner of the
violation by that person. [2002 c 313 § 18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.205 After any vote, referendum, nomination,
or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination
and elections, the department shall tally the results of the
vote and provide the results to affected parties.
(2) If an affected party disputes the results of a vote,
that affected party, within sixty days from the announced
results, shall provide in writing a statement of why the vote
is disputed and request a recount.
(2002 Ed.)
Washington State Agricultural Commodity Boards
(3) Once the vote is tallied and distributed, all disputes
are resolved, and all matters in a vote are finalized, the
individual ballots may be destroyed. [2002 c 313 § 19.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.210 Powers and duties of director with
respect to the administration and enforcement of agreements and orders—Administrator—Personnel. The director shall administer, enforce, direct, and control every
marketing agreement and order in accordance with its
provisions. For such purposes he shall include in each order
and he may include in each agreement provisions for the employment of such administrator and such additional personnel
(including attorneys engaged in the private practice of law,
subject to the approval and supervision of the attorney
general) as he determines are necessary and proper for such
order or agreement to effectuate the declared policies of this
chapter. Such provisions may provide for the qualifications,
method of selection, term of office, grounds of dismissal and
the detailed powers and duties to be exercised by such
administrator or board and by such additional personnel,
including the authority to borrow money and incur indebtedness, and may also provide either that the said administrative
board shall be the commodity board or that the administrator
or administrative board be designated by the director or the
governor. [1977 ex.s. c 26 § 4; 1961 c 256 § 21.]
15.65.220 Commodity boards—Membership—
Marketing agreement or order to establish and control—
Director votes. (1) Every marketing agreement and order
shall provide for the establishment of a commodity board of
not less than five nor more than thirteen members and shall
specify the exact number thereof and all details as to (a)
qualification, (b) nomination, (c) election or appointment by
the director, (d) term of office, and (e) powers, duties, and
all other matters pertaining to such board.
(2) The members of the board shall be producers or
handlers or both in such proportion as the director shall
specify in the marketing agreement or order, but in any
marketing order or agreement the number of handlers on the
board shall not exceed the number of producers thereon.
The marketing order or agreement may provide that a
majority of the board be appointed by the director, but in
any event, no less than one-third of the board members shall
be elected by the affected producers.
(3) In the event that the marketing order or agreement
provides that a majority of the commodity board be appointed by the director, the marketing order or agreement shall
incorporate either the provisions of RCW 15.65.243 or
15.65.245 for board member selection.
(4) The director shall appoint to every board one
member who represents the director. The director shall be
a voting member of each commodity board. [2002 c 313 §
20; 1961 c 256 § 22.]
15.65.205
have been actually engaged in producing such a commodity
within the state of Washington for a period of five years and
have, during that period, derived a substantial portion of his
or her income therefrom and not be engaged in business,
directly or indirectly, as a handler or other dealer. A handler
member of each board must be a practical handler of the affected commodity and must be a citizen, resident of this
state, and over the age of eighteen years. Each handler
board member must be and have been, either individually or
as an officer or employee of a corporation, firm, partnership,
association, or cooperative, actually engaged in handling
such a commodity within the state of Washington for a
period of five years and have, during that period, derived a
substantial portion of his or her income therefrom. The
qualification of a member of the board as set forth in this
section must continue during the term of office. [2002 c 313
§ 21; 2001 c 315 § 5; 1961 c 256 § 23.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.235 Producer-handlers as producers for
membership purposes—Exception. Whenever any commodity board is formed under the provisions of this chapter
and it only affects producers and producer-handlers, then
such producer-handlers shall be considered to be acting only
as producers for purpose of membership on a commodity
board: PROVIDED, That this section shall not apply to a
commodity board which only affects producers and producer-handlers of essential oils. [2002 c 313 § 22; 1971 c 25 §
1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.240 Terms of members of commodity
boards—Elections or appointment. The term of office of
board members shall be three years, and one-third as nearly
as may be shall be elected or appointed every year: PROVIDED, That at the inception of any agreement or order the
entire board shall be elected or appointed one-third for a
term of one year, one-third for a term of two years and onethird for a term of three years to the end that memberships
on such board shall be on a rotating basis. In the event an
order or agreement provides that both producers and handlers
shall be members of such board the terms of each type of
member shall be so arranged that one-third of the handler
members as nearly as may be and one-third of the producer
members as nearly as may be shall be elected or appointed
each year.
Any marketing agreement or order may provide for
election or appointment of board members by districts, in
which case district lines and the number of board members
to be elected or appointed from each district shall be specified in such agreement or order and upon such basis as the
director finds to be fair and equitable and reasonably adapted
to effectuate the declared policies of this chapter. [2002 c
313 § 23; 1961 c 256 § 24.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.230 Qualifications of members of commodity
boards. A producer member of each commodity board must
be a practical producer of the affected commodity and must
be a citizen, resident of this state, and over the age of
eighteen years. Each producer board member must be and
15.65.243 When director appoints majority of the
board—Nominations—Advisory vote—Notice—Director
selects either of two candidates receiving the most votes.
(1) This section or RCW 15.65.245 applies when the director
(2002 Ed.)
[Title 15 RCW—page 121]
15.65.243
Title 15 RCW: Agriculture and Marketing
appoints a majority of the board positions as set forth under
RCW 15.65.220(3).
(2) Candidates for director-appointed board positions on
a commodity board shall be nominated under RCW
15.65.250.
(3) The director shall cause an advisory vote to be held
for the director-appointed positions. Not less than ten days
in advance of the vote, advisory ballots shall be mailed to all
producers or handlers entitled to vote, if their names appear
upon the list of affected parties or affected producers or
handlers, whichever is applicable. Notice of every advisory
vote for board membership shall be published in a newspaper of general circulation within the affected area defined in
the order or agreement not less than ten days in advance of
the date of the vote. The advisory ballot shall be conducted
in a manner so that it is a secret ballot. The names of the
two candidates receiving the most votes in the advisory vote
shall be forwarded to the director for potential appointment
to the board. In the event there are only two candidates
nominated for a board position, an advisory vote may not be
held and the candidates’ names shall be forwarded to the
director for potential appointment.
(4) The candidates whose names are forwarded to the
director for potential appointment shall submit to the director
a letter stating why he or she wishes to be appointed to the
board. The director may select either person for the position. [2002 c 313 § 24.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.245 When director appoints majority of the
board—Nominations—Advisory vote—Notice—Director
appoints candidate receiving the most votes—Exception.
(1) This section or RCW 15.65.243 applies when the director
appoints a majority of the board positions as set forth under
RCW 15.65.220(3).
(2) Candidates for director-appointed board positions on
a commodity board shall be nominated under RCW
15.65.250.
(3) The director shall cause an advisory vote to be held
for the director-appointed positions. Not less than ten days
in advance of the vote, advisory ballots shall be mailed to all
producers or handlers entitled to vote, if their names appear
upon the list of affected parties or affected producers or
handlers, whichever is applicable. Notice of every advisory
vote for board membership shall be published in a newspaper of general circulation within the affected area defined in
the order or agreement not less than ten days in advance of
the date of the vote. The advisory ballot shall be conducted
in a manner so that it is a secret ballot. The name of the
candidate receiving the most votes in the advisory vote shall
be forwarded to the director for appointment to the commodity board.
(4) The director shall appoint the candidate receiving the
most votes in an advisory ballot unless the candidate fails to
meet the qualifications of commodity board members under
this chapter and the marketing order. In the event the
director rejects the candidate receiving the most votes, the
position is vacant and shall be filled under RCW
15.65.270(2). [2002 c 313 § 25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 122]
15.65.250 Nominations for election to commodity
board—When only one nominee. For the purpose of
nominating candidates for board memberships, the director
shall call separate meetings of the affected producers and
handlers within the affected area and in case elections shall
be by districts the director shall call separate meetings for
each district. However, at the inception any marketing
agreement or order nominations may be at the issuance
hearing. Nomination meetings shall be called annually and
at least thirty days in advance of the date set for the election
of board members. Notice of every such meeting shall be
published in a newspaper of general circulation within the
affected area defined in the order or agreement not less than
ten days in advance of the date of such meeting and in
addition, written notice of every such meeting shall be given
to all on the list of affected parties or affected producers
and/or handlers, whichever is applicable. However, if the
agreement or order provides for election by districts such
written notice need be given only to the producers or
handlers residing in or whose principal place of business is
within such district. Nonreceipt of notice by any interested
person shall not invalidate proceedings at such meetings.
Any qualified person may be nominated orally for membership upon such board at the said meetings. Nominations
may also be made within five days after any such meeting
by written petition filed with the director signed by not less
than five producers or handlers, as the case may be, entitled
to have participated in said meeting.
If the board moves and the director approves that the
nomination meeting procedure be deleted, the director shall
give notice of the vacancy by mail to all affected producers
or handlers. The notice shall call for nominations in accordance with the marketing order or agreement and shall
give the final date for filing nominations which shall not be
less than twenty days after the notice was mailed.
Not more than one board member may be part of the
same "person" as defined by this chapter. When only one
nominee is nominated for any position on the board, the
director shall determine whether the nominee meets the
qualifications for the position and, if so, the director shall
declare the nominee elected or appoint the nominee to the
position. [2002 c 313 § 26; 1987 c 393 § 7; 1985 c 261 §
9; 1975 1st ex.s. c 7 § 5; 1961 c 256 § 25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.260 Election of members of commodity
board—Procedure. (1) The elected members of every
commodity board shall be elected by secret mail ballot under
the supervision of the director. Elected producer members
of the board shall be elected by a majority of the votes cast
by the affected producers within the affected area, but if the
marketing order or agreement provides for districts such
producer members of the board shall be elected by a
majority of the votes cast by the affected producers in the
respective districts. Each affected producer within the affected area shall be entitled to one vote. Elected handler
members of the board shall be elected by a majority of the
votes cast by the affected handlers within the affected area,
but if the marketing order or agreement provides for districts
such handler members of the board shall be elected by a
majority of the votes cast by the affected handlers in the
(2002 Ed.)
Washington State Agricultural Commodity Boards
respective districts. Each affected handler within the
affected area shall be entitled to one vote.
If a nominee does not receive a majority of the votes on
the first ballot a run-off election shall be held by mail in a
similar manner between the two candidates for such position
receiving the largest number of votes.
(2) Notice of every election for board membership shall
be published in a newspaper of general circulation within the
affected area defined in the order or agreement not less than
ten days in advance of the date of such election. Not less
than ten days prior to every election for board membership,
the director shall mail a ballot of the candidates to each
producer and handler entitled to vote whose name appears
upon the list of affected parties or affected producers or
handlers, whichever is applicable. Any other producer or
handler entitled to vote may obtain a ballot by application to
the director upon establishing his or her qualifications.
Nonreceipt of a ballot by any person entitled to vote shall
not invalidate the election of any board member. [2002 c
313 § 27; 1985 c 261 § 10; 1961 c 256 § 26.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.270 Vacancies, quorum, compensation, travel
expenses of commodity board members and employees.
(1) In the event of a vacancy in an elected position on the
board, the remaining board members shall select a qualified
person to fill the vacant position for the remainder of the
current term or as provided in the marketing order or
agreement.
(2) In the event of a vacancy on the board in a position
appointed by the director, the remaining board members
shall recommend to the director a qualified person for
appointment to the vacant position. The director shall
appoint the person recommended by the board unless the
person fails to meet the qualifications of board members
under this chapter and the marketing order or agreement.
(3) A majority of the voting members of the board shall
constitute a quorum for the transaction of all business and
the carrying out of all duties of the board.
(4) Each member of the board shall be compensated in
accordance with RCW 43.03.230. Members and employees
of the board may be reimbursed for actual travel expenses
incurred in carrying out the provisions of this chapter, as
defined under the commodity board’s marketing order or
agreement. Otherwise, if not defined or referenced in the
marketing order or agreement, reimbursement for travel
expenses shall be at the rates allowed state employees in
accordance with RCW 43.03.050 and 43.03.060. [2002 c
313 § 28; 2001 2nd sp.s. c 6 § 1; 1984 c 287 § 16; 1975-’76
2nd ex.s. c 34 § 19; 1961 c 256 § 27.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.65.280 Powers and duties of commodity board—
Reservation of power to director. The powers and duties
of the board shall be:
(1) To elect a chairman and such other officers as it
deems advisable;
(2002 Ed.)
15.65.260
(2) To advise and counsel the director with respect to
the administration and conduct of such marketing agreement
or order;
(3) To recommend to the director administrative rules
and orders and amendments thereto for the exercise of his or
her powers in connection with such agreement or order;
(4) To advise the director upon any and all assessments
provided pursuant to the terms of such agreement or order
and upon the collection, deposit, withdrawal, disbursement
and paying out of all moneys;
(5) To assist the director in the collection of such
necessary information and data as the director may deem
necessary in the proper administration of this chapter;
(6) To administer the order or agreement as its administrative board if the director designates it so to do in such
order or agreement;
(7) To work cooperatively with other local, state, and
federal agencies; universities; and national organizations for
the purposes provided in the board’s marketing order or
agreement;
(8) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in the board’s
marketing order or agreement. Personal service contracts
must comply with chapter 39.29 RCW;
(9) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in the
board’s marketing order or agreement;
(10) To retain in emergent situations the services of
private legal counsel to conduct legal actions on behalf of a
board. The retention of a private attorney is subject to
review by the office of the attorney general;
(11) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the board authorized
by the marketing order or agreement;
(12) To enter into contracts or agreements for research
in the production, irrigation, processing, transportation,
marketing, use, or distribution of an affected commodity;
(13) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities
including activities authorized under RCW 42.17.190,
including the reporting of those activities to the public
disclosure commission;
(14) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments under the marketing order or
agreement, and data on the value of each producer’s production for a minimum three-year period;
(15) To maintain a list of the names and addresses of
persons who handle the affected commodity within the
affected area and data on the amount and value of the
commodity handled for a minimum three-year period by
each person; and
(16) To perform such other duties as the director may
prescribe in the marketing agreement or order.
Any agreement or order under which the commodity
board administers the order or agreement shall (if so requested by the affected producers within the affected area in the
proposal or promulgation hearing) contain provisions
[Title 15 RCW—page 123]
15.65.280
Title 15 RCW: Agriculture and Marketing
whereby the director reserves the power to approve or
disapprove every order, rule or directive issued by the board,
in which event such approval or disapproval shall be based
on whether or not the director believes the board’s action has
been carried out in conformance with the purposes of this
chapter. [2002 c 313 § 29; 2001 c 315 § 6; 1985 c 261 §
11; 1961 c 256 § 28.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.283 Members may belong to association with
same objectives—Contracts with other associations
authorized. Any member of an agricultural commodity
board may also be a member or officer of an association
which has the same objectives for which the agricultural
commodity board was formed. An agricultural commodity
board may also contract with such association for services
necessary to carry out any purposes authorized under this
chapter, provided that an appropriate contract has been
entered into. [1972 ex.s. c 112 § 1.]
15.65.285 Restrictive provisions of chapter 43.78
RCW not applicable to promotional printing and literature of commodity boards. The restrictive provisions of
chapter 43.78 RCW, as now or hereafter amended, shall not
apply to promotional printing and literature for any commodity board. [1972 ex.s. c 112 § 2.]
15.65.290 Claims and liabilities, enforcement
against organization—Personal liabilities of officials,
employees, etc. Obligations incurred by any administrator
or board or employee or agent thereof pertaining to their
performance or nonperformance or misperformance of any
matters or things authorized, required or permitted them by
this chapter or any marketing agreement or order issued
pursuant to this chapter, and any other liabilities or claims
against them or any of them shall be enforced in the same
manner as if the whole organization under such marketing
agreement or order were a corporation. No liability for the
debts or actions of such administrator, board, employee or
agent incurred in their official capacity under the agreement
or order shall exist either against its administrator, board,
officers, employees and/or agents in his or their individual
capacity, nor against the state of Washington or any subdivision or instrumentality thereof nor against any other organization, administrator or board (or employee or agent
thereof) established pursuant to this chapter or the assets
thereof. The administrator of any order or agreement, the
members of any such board, and also his or their agents and
employees, shall not be held responsible individually in any
way whatsoever to any person for errors in judgment,
mistakes, or other acts, either of commission or omission, as
principal, agent, person or employee, except for their own
individual acts of dishonesty or crime. No such person or
employee shall be held responsible individually for any act
or omission of any other administrator, board, member of
any such board, or other person. The liability of the
members of any such board shall be several and not joint
and no member shall be liable for the default of any other
member. [1961 c 256 § 29.]
[Title 15 RCW—page 124]
15.65.295 Lists of all affected producers and
handlers—Affected parties responsible for accuracy—Use
of lists. (1) Each commodity board shall prepare a list of all
affected producers from any information available from the
department, producers, producer associations or organizations, or handlers of the affected commodity. This list shall
contain the names and addresses of all affected persons who
produce the affected commodity and the amount, by unit, of
the affected commodity produced during at least the past
three years.
(2) Each commodity board shall prepare a list of all
persons who handle the affected commodity and the amount
of the commodity handled by each person during at least the
past three years.
(3) It is the responsibility of all affected parties to
ensure that their correct address is filed with the commodity
board. It is also the responsibility of affected parties to
submit production data and handling data to the commodity
board as prescribed by the board’s marketing order or
agreement.
(4) Any qualified person may, at any time, have his or
her name placed upon any list for which he or she qualifies
by delivering or mailing the information to the commodity
board. The lists shall be corrected and brought up-to-date in
accordance with evidence and information provided to the
commodity board.
(5) At the director’s request, the commodity board shall
provide the director a list of affected producers or handlers
that is certified by the commodity board to be complete
according to the commodity board’s records. The list shall
contain all information required by the director to conduct a
referendum or board member election or selection under this
chapter and the marketing order or agreement.
(6) For all purposes of giving notice, holding referenda,
and electing or selecting members of a commodity board, the
applicable list corrected up to the day preceding the date the
list is certified by the commodity board and mailed to the
director is deemed to be the list of all affected producers or
affected handlers, as applicable, entitled to notice or to vote.
Inadvertent failure to notify an affected producer or handler
does not invalidate a proceeding conducted under this
chapter. [2002 c 313 § 30.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.300 Agreement or order to contain detailed
statement of powers and purposes. The purposes for
which each marketing agreement and order is issued and the
powers which shall be exercised thereunder shall be stated
in detail in the provisions of such agreement or order. Any
such agreement or order or amendment thereto may contain
provisions for the exercise of any one or more or all of the
powers and purposes set forth in RCW 15.65.310 through
15.65.340. However, any agreement, order or amendment
wherein the affected commodity is one of those listed below
shall contain provisions for the exercise of only those powers
and purposes contained in said RCW 15.65.310 through
15.65.340 set after its name below, to wit:
(1) Wheat, RCW 15.65.310, 15.65.320 and 15.65.330.
[1961 c 256 § 30.]
(2002 Ed.)
Washington State Agricultural Commodity Boards
15.65.305 Promotional hosting expenditures—Rules.
Agricultural commodity boards shall adopt rules governing
promotional hosting expenditures by commodity board
employees, agents, or board members under RCW 15.04.200.
[2002 c 313 § 31.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.310 Advertising, sale, trade barrier, claim,
etc., provisions in agreement or order. Any marketing
agreement or order may provide for advertising, sales,
promotion and/or other programs for maintaining present
markets and/or creating new or larger markets for the
affected commodity. It may also provide for the prevention,
modification or removal of trade barriers which obstruct the
free flow of the affected commodity to market. Each such
order or agreement and all programs thereunder shall be
directed toward increasing the sale of such commodity
without reference to any particular brand or trade name and
shall neither make use of false or unwarranted claims in
behalf of such commodity nor disparage the quality, value,
sale or use of any other agricultural commodity. [1961 c
256 § 31.]
15.65.320 Agreement and order provisions for
research. Any marketing agreement or order may provide
for research in the production, processing and/or distribution
of the affected commodity and for the expenditure of money
for such purposes. Insofar as practicable, such research shall
be carried out by experiment stations of Washington state
university but if in the judgment of the director or his
designee said experiment stations do not have adequate
facilities for a particular project or if some other research
agency has better facilities therefor, the project may be
carried out by other research agencies selected by the
director or his designee. [1961 c 256 § 32.]
15.65.330 Agreement and order provisions for
uniform grades and standards—Enforcement—Rules.
Any marketing agreement or order may contain provisions
which directly provide for, or which authorize the director or
his designee to provide by rules and regulations for, any one
or more, or all, of the following: (1) Establishing uniform
grades and standards of quality, condition, maturity, size,
weight, pack, packages and/or label for the affected commodity or any products thereof; (2) requiring producers,
handlers and/or other persons to conform to such grades
and/or standards in packing, packaging, processing, labeling,
selling or otherwise commercially disposing of the affected
commodity and/or in offering, advertising and/or delivering
it therefor; (3) providing for inspection and enforcement to
ascertain and effectuate compliance; (4) establishing rules
and regulations respecting the foregoing; (5) providing that
the director or his designee shall carry out inspection and
enforcement of, and may (within the general provisions of
the agreement or order) establish detailed provisions relating
to, such standards and grades and such rules and regulations:
PROVIDED, That any modification not of a substantial nature, such as the modification of standards within a certain
grade may be made without a hearing, and shall not be
considered an amendment for the purposes of this chapter.
[1961 c 256 § 33.]
(2002 Ed.)
15.65.305
15.65.340 Agreement and order provisions prohibiting or regulating certain practices. Any marketing
agreement or order may contain provisions prohibiting and/or
otherwise regulating any one or more or all of the practices
listed to the extent that such practices affect, directly or indirectly, the commodity which forms the subject matter of
such agreement or order or any product thereof, but only
with respect to persons who engage in such practices with
the intent of or with the reasonably foreseeable effect of
inducing any purchaser to become his customer or his
supplier or of otherwise dealing or trading with him or of
diverting trade from a competitor, to wit:
(1) Paying rebates, commissions or unearned discounts;
(2) Giving away or selling below the true cost (which
includes all direct and indirect costs incurred to the point of
sale plus a reasonable margin of mark-up for the seller) any
of the affected commodities or of any other commodity or
product thereof;
(3) Unfairly extending privileges or benefits (pertaining
to price, to credit, to the loan, lease or giving away of
facilities, equipment or other property or to any other matter
or thing) to any customer, supplier or other person;
(4) Discriminating between customers, or suppliers of
like class;
(5) Using the affected or any other commodity or
product thereof as a loss leader or using any other device
whereby for advertising, promotional, come-on or other purposes such commodity or product is sold below its fair
value;
(6) Making or publishing false or misleading advertising. Such regulation may authorize uniform trade practices
applicable to all similarly situated handlers and/or other
persons. Such regulation shall not prevent any person (a)
from selling below cost to liquidate excess inventory which
cannot otherwise be moved, or (b) from meeting the equally
low legal price of any competitor within any one trading
area during any one trading period and the director may
define in said marketing agreement or order said trading area
and said trading period in accordance with generally accepted industry practices; but in any event the burden of proving
that such selling was to meet the equally low legal price of
a competitor or to liquidate said excess inventory shall be
upon the person who sells below cost as above defined. Any
marketing agreement or order may authorize use of any
money received and of any persons employed thereunder for
legal proceedings, of any type and in the name of any
person, directed to enforcement of this or any other law in
force in the state of Washington relating to the prevention of
unfair trade practices. [1961 c 256 § 34.]
15.65.350 Agreement and order to define applicable
area—"Production area"—"Marketing area." Every
marketing agreement and order shall define the area to which
it applies which may be all or any contiguous portion of the
state. Such area may be defined as a "production area" in
which case such agreement or order shall regulate or apply
with respect to all of the commodity specified in such agreement or order which is produced within such production area
and sold, marketed or delivered for sale or marketing. Such
area may be defined as a "marketing area" in which case
such agreement or order shall regulate or apply with respect
[Title 15 RCW—page 125]
15.65.350
Title 15 RCW: Agriculture and Marketing
to all of the commodity specified in such agreement or order
which is stored in frozen condition or sold or marketed or
delivered for sale or marketing or distribution or processing
or consumption within such marketing area. [1985 c 261 §
12; 1961 c 256 § 35.]
15.65.360 Agreement and order provisions for
marketing information, services, verification of grades,
standards, sampling, etc. Any marketing agreement or
order may provide for marketing information and services to
producers and for the verification of grades, standards,
weights, tests and sampling of quality and quantity of the
agricultural product purchased by handlers from producers.
[1961 c 256 § 36.]
15.65.370 Agreement or order not to prohibit or
discriminatorily burden marketing. No marketing
agreement or order or amendment thereto shall prohibit or
discriminatorily burden the marketing in its area of any
agricultural commodity or product thereof produced in any
production area of the United States. [1961 c 256 § 37.]
15.65.375 Agreement and order provisions—
Participation in proceedings concerning regulation of
pesticides or agricultural chemicals. Any marketing
agreement or order may authorize the members of a commodity board, or their agents or designees, to participate in
federal or state hearings or other proceedings concerning
regulation of the manufacture, distribution, sale, or use of
any pesticide as defined by RCW 15.58.030(30) or any
agricultural chemical which is of use or potential use in
producing the affected commodity. Any marketing agreement or order may authorize the expenditure of commodity
board funds for this purpose. [2002 c 313 § 32; 1988 c 54
§ 1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.380 Additional agreement or order provisions.
Any marketing agreement or order may contain any other,
further, and different provisions which are incidental to and
not inconsistent with this chapter and which the director
finds to be needed and reasonably adapted to effectuate the
declared policies of this chapter. The provisions shall set
forth the detailed application of this chapter to the affected
agricultural commodity. [2002 c 313 § 33; 1961 c 256 §
38.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.390 Annual assessment—Limitation generally.
There is hereby levied, and the director or his designee shall
collect, upon each and every affected unit of any agricultural
commodity specified in any marketing agreement or order an
annual assessment which shall be paid by the producer
thereof upon each and every such affected unit stored in
frozen condition or sold or marketed or delivered for sale or
marketed by him, and which shall be paid by the handler
thereof upon each and every such unit purchased or received
for sale, processing or distribution, or stored in frozen
condition, by him: PROVIDED, That such assessment shall
be paid by producers only, if only producers are regulated by
[Title 15 RCW—page 126]
such agreement or order, and by handlers only, if only
handlers are so regulated, and by both producers and
handlers if both are so regulated. Such assessments shall be
expressed as a stated amount of money per unit or as a
percentage of the receipt price at the first point of sale. The
total amount of such annual assessment to be paid by all
producers of such commodity, or by all handlers of such
commodity shall not exceed four percent of the total market
value of all affected units stored in frozen condition or sold
or marketed or delivered for sale or marketing by all
producers of such units during the year to which the assessment applies. [1987 c 393 § 9; 1985 c 261 § 13; 1961 c 256
§ 39.]
15.65.400 Rate of assessment. In every marketing
agreement and order the director shall prescribe the rate of
such assessment. Such assessment shall be expressed as a
stated amount of money per unit or as a percentage of the
receipt price at the first point of sale. Such rate may be at
the full amount of, or at any lesser amount than the amount
hereinabove limited. Such rate may be altered or amended
from time to time, but only upon compliance with the
procedural requirements of this chapter. In every such
marketing agreement, order and amendment the director shall
base his determination of such rate upon the volume and
price of sales of affected units (or units which would have
been affected units had the agreement or order been in
effect) during a period which the director determines to be
a representative period. The rate of assessment prescribed
in any such agreement, order or amendment shall for all
purposes and times be deemed to be within the limits of
assessment above provided until such time as such agreement or order is amended as to such rate. [1987 c 393 § 10;
1961 c 256 § 40.]
15.65.410 Time, place, method for payment and
collection of assessments. The director shall prescribe in
each marketing order and agreement the time, place and
method for payment and collection of assessments under
such order or agreement upon any uniform basis applicable
alike to all producers subject to such assessment, and upon
the same or any other uniform basis applicable alike to all
handlers subject to such assessment. For such purpose the
director may, by the terms of the marketing order or agreement:
(1) Require stamps to be purchased from him or his
designee and attached to the containers, invoices, shipping
documents, inspection certificates, releases, or receiving
receipts or tickets (said stamps to be canceled immediately
upon being attached and the date of cancellation placed
thereon); or
(2) Require handlers to collect producer assessments
from producers whose production they handle and remit the
same to the director or his designee; or
(3) Require the person subject to the assessment to give
adequate assurance or security for its payment; or
(4) Require in the case of assessments against affected
units stored in frozen condition:
(a) Cold storage facilities storing such commodity to file
information and reports with the department or affected
commission regarding the amount of commodity in storage,
(2002 Ed.)
Washington State Agricultural Commodity Boards
the date of receipt, and the name and address of each such
owner; and
(b) That such commodity not be shipped from a cold
storage facility until the facility has been notified by the
commission that the commodity owner has paid the commission for any assessments imposed by the marketing order.
Unless the director has otherwise provided in any
marketing order or agreement, assessments payable by
producers shall be paid prior to the time when the affected
unit is shipped off the farm, and assessments payable to
handlers shall be paid prior to the time when the affected
units are received by or for the account of the first handler.
No affected units shall be transported, carried, shipped, sold,
marketed or otherwise handled or disposed of until every due
and payable assessment herein provided for has been paid by
the producer or first handler and the receipt issued. [1985
c 261 § 14; 1961 c 256 § 41.]
15.65.420 Use of moneys collected—Departmental
expenses. Moneys collected by the director or his designee
pursuant to any marketing order or agreement from any
assessment or as an advance deposit thereon, shall be used
by the director or his designee only for the purpose of
paying for expenses and costs arising in connection with the
formulation, issuance, administration and enforcement of
such order or agreement and carrying out its provisions
together with a proportionate share of the overhead expenses
of the department attributable to its performance of its duties
under this chapter with respect to such marketing order or
agreement. [1961 c 256 § 42.]
15.65.430 Refunds of moneys received or collected.
Any moneys collected or received by the director or his or
her designee pursuant to the provisions of any marketing
agreement or order during or with respect to any season or
year may be refunded on a pro rata basis at the close of such
season or year or at the close of such longer period as the
director determines to be reasonably adapted to effectuate the
declared policies of this chapter and the purposes of such
marketing agreement or order, to all persons from whom
such moneys were collected or received, or may be carried
over into and used with respect to the next succeeding
season, year or period whenever the director or a designee
finds that the same will tend to effectuate such policies and
purposes. [2002 c 313 § 34; 1961 c 256 § 43.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.440 Assessments personal debt—Additional
percentage if not paid—Civil action to collect. Any due
and payable assessment herein levied in such specified
amount as may be determined by the director or his designee
pursuant to the provisions of this chapter and such agreement
or order, shall constitute a personal debt of every person so
assessed or who otherwise owes the same, and the same
shall be due and payable to the director or his designee when
payment is called for by him. In the event any person fails
to pay the director or his designee the full amount of such
assessment or such other sum on or before the date due, the
director or his designee may, and is hereby authorized to,
add to such unpaid assessment or sum an amount not
exceeding ten percent of the same to defray the cost of
(2002 Ed.)
15.65.410
enforcing the collecting of the same. In the event of failure
of such person or persons to pay any such due and payable
assessment or other such sum, the director or his designee
may bring a civil action against such person or persons in a
court of competent jurisdiction for the collection thereof,
together with the above specified ten percent thereon, and
such action shall be tried and judgment rendered as in any
other cause of action for debt due and payable. [1985 c 261
§ 15; 1961 c 256 § 44.]
15.65.450 Deposit to defray department’s expenses—Circumstances requiring reimbursement. Prior to the
issuance of any marketing agreement or order, the director
may require the applicants therefor to deposit with him or
her such amount of money as the director may deem
necessary to defray the expenses of preparing and making
effective such agreement or order.
(1) A commodity board shall reimburse the department
for expenses incurred by the department when a commodity
board petitions the director to amend or terminate a marketing order or agreement and for other services provided by
the department under this chapter. The department shall
provide to a commodity board an estimate of expenses that
may be incurred to amend or terminate a marketing order or
agreement prior to any services taking place.
(2) Petitioners who are not a majority of a commodity
board, and who file a petition with the director to issue,
amend, or terminate a marketing order or agreement, shall
deposit funds with the director to pay for expenses incurred
by the department, under rules adopted by the director.
(3) A commodity board shall reimburse petitioners the
amount paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order or agreement, the commodity board shall reimburse the petitioners
the amount expended by the department when funds become
available after establishment of the commodity board; or
(b) If the petition is to amend or terminate a marketing
order or agreement and the proposal is assented to by the
affected parties or affected producers, the commodity board
shall reimburse the petitioners within thirty days of the
referendum.
(4) If for any reason a proceeding is discontinued, the
commodity board or petitioners, whichever is applicable,
shall only reimburse the department for expenses incurred by
the department up until the time the proceeding is discontinued. [2002 c 313 § 35; 1961 c 256 § 45.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.470 Depositaries for revolving fund—
Deposits. The director or his or her designee shall designate
financial institutions which are qualified public depositaries
under chapter 39.58 RCW as depositary or depositaries of
money received for the marketing act revolving fund. All
moneys received by the director or his or her designee or by
any administrator, board or employee, except an amount of
petty cash for each day’s needs as fixed by the regulations,
shall be deposited each day in a designated depositary.
[1987 c 393 § 8; 1961 c 256 § 47.]
[Title 15 RCW—page 127]
15.65.480
Title 15 RCW: Agriculture and Marketing
15.65.480 Separate accounts for each agreement or
order—Disbursements. The director and each of his
designees shall deposit or cause to be deposited all moneys
which are collected or otherwise received by them pursuant
to the provisions of this chapter in a separate account or
accounts separately allocated to each marketing order or
agreement under which such moneys are collected or
received, and such deposits and accounts shall be in the
name of and withdrawable by the check or draft of the
administrator or board or designated employee thereof established by such order or agreement. All expenses and
disbursements incurred and made pursuant to the provisions
of any marketing agreement or order, including a pro rata
share of the administrative expenses of the department of
agriculture incurred in the general administration of this
chapter and all orders and agreements issued pursuant
thereto, shall be paid from, and only from, moneys collected
and received pursuant to such order or agreement and all
moneys deposited for the account of any order or agreement
in the marketing act revolving fund shall be paid from said
account of such fund by check, draft or voucher in such
form and in such manner and upon the signature of such
person as may be prescribed by the director or his designee.
[1961 c 256 § 48.]
15.65.490 Records of financial transactions to be
kept by director—Audits. The director and each of his
designees shall keep or cause to be kept separately for each
agreement and order in accordance with accepted standards
of good accounting practice, accurate records of all assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys and other financial transactions
made and done pursuant to such order or agreement, and the
same shall be audited at least every five years subject to
procedures and methods lawfully prescribed by the state
auditor. The books and accounts maintained under every
such agreement and order shall be closed as of the last day
of each fiscal year of the state of Washington or of a fiscal
year determined by the director. A copy of every such audit
shall be delivered within thirty days after the completion
thereof to the governor and the commodity board of the
agreement or order concerned. [1982 c 81 § 1; 1979 c 154
§ 5; 1973 c 106 § 10; 1961 c 256 § 49.]
Severability—1979 c 154: See note following RCW 15.49.330.
15.65.500 Bonds of administrator, board, employee.
The director or his designee shall require that a bond be
given by every administrator, administrative board and/or
employee occupying a position of trust under any marketing
agreement or order, in such amount as the director or his
designee shall deem necessary, the premium for which bond
or bonds shall be paid from assessments collected pursuant
to such order or agreement: PROVIDED, That such bond
need not be given with respect to any person covered by any
blanket bond covering officials or employees of the state of
Washington. [1961 c 256 § 50.]
15.65.510 Information and inspections required—
Hearings—Confidentiality and disclosures. All parties to
a marketing agreement, all persons subject to a marketing
order, and all producers, dealers, and handlers of a commod[Title 15 RCW—page 128]
ity governed by the provisions of a marketing agreement or
order shall severally from time to time, upon the request of
the director, the director’s designee, or the commodity board
established under the marketing agreement or order, furnish
such information and permit such inspections as the director,
the director’s designee, or the commodity board finds to be
necessary to effectuate the declared policies of this chapter
and the purposes of such agreement or order. Information
and inspections may also be required by the director, the
director’s designee, or the commodity board to ascertain and
determine the extent to which such agreement or order has
been carried out or has effectuated such policies and purposes, or to determine whether or not there has been any abuse
of the privilege of exemption from laws relating to trusts,
monopolies and restraints of trade. Such information shall
be furnished in accordance with forms and reports to be
prescribed by the director, the director’s designee, or the
commodity board. The director, the director’s designee, or
a designee of the commodity board is hereby authorized to
inspect crops and examine such books, papers, records,
copies of tax reports, accounts, correspondence, contracts,
documents, or memoranda as he or she deems relevant and
which are within the control:
(1) Of any such party to such marketing agreement or,
any person subject to any marketing order from whom such
report was requested, or
(2) Of any person having, either directly or indirectly,
actual or legal control of or over such party, producer or
handler of such records, or
(3) Of any subsidiary of any such party, producer,
handler or person.
To carry out the purposes of this section the director or
the director’s designee upon giving due notice, may hold
hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of books, records,
documents or other writings of any kind. RCW *15.65.080,
15.65.090, 15.65.100 and 15.65.110, together with such other
regulations consistent therewith as the director may from
time to time prescribe, shall apply with respect to any such
hearing. All information furnished to or acquired by the
director or the director’s designee pursuant to this section
shall be kept confidential by all officers and employees of
the director or the director’s designee and only such information so furnished or acquired as the director deems relevant
shall be disclosed by the director or them, and then only in
a suit or administrative hearing brought at the direction or
upon the request of the director or to which the director or
the director’s designee or any officer of the state of Washington is a party, and involving the marketing agreement or
order with reference to which the information so to be
disclosed was furnished or acquired.
Nothing in this section shall prohibit:
(1) The issuance of general statements based upon the
reports of a number of persons subject to any marketing
agreement or order, which statements do not identify the
information furnished by any person; or
(2) The publication by the director or the director’s
designee of the name of any person violating any marketing
agreement or order, together with a statement of the particular provisions and the manner of the violation of the marketing agreement or order so violated by such person. [1989 c
354 § 29; 1961 c 256 § 51.]
(2002 Ed.)
Washington State Agricultural Commodity Boards
*Reviser’s note: RCW 15.65.080 was repealed by 2002 c 313 § 37.
Severability—1989 c 354: See note following RCW 15.36.012.
15.65.520 Criminal acts and penalties. It shall be a
misdemeanor:
(1) For any person to violate any provision of this
chapter or any provision of any marketing agreement or
order duly issued by the director pursuant to this chapter.
(2) For any person to wilfully render or furnish a false
or fraudulent report, statement or record required by the
director pursuant to the provisions of this chapter or any
provision of any marketing agreement or order duly issued
by the director pursuant to this chapter or to wilfully fail or
refuse to furnish or render any such report, statement or
record so required.
(3) For any person engaged in the wholesale or retail
trade to fail or refuse to furnish to the director or his
designee or his duly authorized agents, upon request,
information concerning the name and address of the person
from whom he has received an agricultural commodity
regulated by a marketing agreement or order in effect and
issued pursuant to the terms of this chapter and the grade,
standard, quality or quantity of and the price paid for such
commodity so received.
Every person convicted of any such misdemeanor shall
be punished by a fine of not less than fifty dollars nor more
than five hundred dollars or by imprisonment of not less
than ten days nor more than six months or by both such fine
and imprisonment. Each violation during any day shall
constitute a separate offense: PROVIDED, That if the court
finds that a petition pursuant to RCW 15.65.570 was filed
and prosecuted by the defendant in good faith and not for
delay, no penalty shall be imposed under clause (1) of this
section for such violations as occurred between the date
upon which the defendant’s petition was filed with the director and the date upon which notice of the director’s decision
thereon was given to the defendant in accordance with RCW
15.65.570 and regulations prescribed pursuant thereto. [1961
c 256 § 52.]
15.65.530 Civil liability—Use of moneys recovered.
Any person who violates any provisions of this chapter or
any marketing agreement or order duly issued and in effect
pursuant to this chapter or who violates any rule or regulation issued by the director and/or his designee pursuant to
the provisions of this chapter or of any marketing agreement
or order duly issued by the director and in effect pursuant to
this chapter, shall be liable civilly for a penalty in an amount
not to exceed the sum of five hundred dollars for each and
every violation thereof. Any moneys recovered pursuant to
this paragraph shall be allocated to and used for the purposes
of the agreement or order concerned. [1961 c 256 § 53.]
15.65.540 Jurisdiction of superior courts—Who
may bring action. The several superior courts of the state
of Washington are hereby vested with jurisdiction:
(1) Specifically to enforce this chapter and the provisions of each and every marketing agreement and order
issued pursuant to this chapter and each and every term,
condition and provision thereof;
(2002 Ed.)
15.65.510
(2) To prevent, restrain and enjoin pending litigation and
thereafter permanently any person from violating this chapter
or the provisions of any such agreement or order and each
and every term, condition and provision thereof, regardless
of the existence of any other remedy at law.
(3) To require pending litigation and thereafter permanently by mandatory injunction each and every person
subject to the provisions of any such agreement or order to
carry out and perform the provisions of this chapter an each
and every duty imposed upon him by such marketing
agreement or order.
The director or any administrator or board under any
marketing agreement or order, in the name of the state of
Washington, or any person affected or regulated by or
subject to any marketing order or agreement issued pursuant
to this chapter upon joining the director as a party may bring
or cause to be brought actions or proceedings for specific
performance, restraint, injunction or mandatory injunction
against any person who violates or refuses to perform the
obligations or duties imposed upon him by this chapter or by
any marketing agreement or order issued pursuant to this
chapter and said courts shall have jurisdiction of such cause
and shall grant such relief upon proof of such violation or
threatened violation or refusal. [1961 c 256 § 54.]
15.65.550 Duty of attorney general and prosecuting
attorneys—Investigation and hearing by director. Upon
the request of the director or his designee, it shall be the
duty of the attorney general of the state of Washington and
of the several prosecuting attorneys in their respective
counties to institute proceedings to enforce the remedies and
to collect the moneys provided for or pursuant to this
chapter. Whenever the director and/or his designee has
reason to believe that any person has violated or is violating
the provisions of any marketing agreement or order issued
pursuant to this chapter, the director and/or his designee shall
have and is hereby granted the power to institute an investigation and, after due notice to such person, to conduct a
hearing in order to determine the facts for the purpose of
referring the matter to the attorney general or to the appropriate prosecuting attorney for appropriate action. The
provisions contained in RCW *15.65.080, 15.65.090,
15.65.100 and 15.65.110 shall apply with respect to such
hearings. [1961 c 256 § 55.]
*Reviser’s note: RCW 15.65.080 was repealed by 2002 c 313 § 37.
15.65.560 Remedies additional. The remedies
provided for in this chapter shall be in addition to, and not
exclusive of, any other remedies or penalties provided for in
this chapter or now or hereafter existing at law or in equity,
and such remedies shall be concurrent and alternative and
neither singly nor combined shall the same be exclusive.
[1961 c 256 § 56.]
15.65.570 Proceedings subject to administrative
procedure act—Exemptions. (1) All proceedings conducted under this chapter shall be subject to the provisions of
chapter 34.05 RCW unless otherwise provided for in this
chapter.
(2) Rule-making proceedings conducted under this
chapter are exempt from compliance with RCW 34.05.310,
[Title 15 RCW—page 129]
15.65.570
Title 15 RCW: Agriculture and Marketing
chapter 19.85 RCW, the regulatory fairness act, and RCW
43.135.055 when the adoption of the rules is determined by
a referendum vote of the affected parties. [2002 c 313 § 36;
1961 c 256 § 57.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.580 Director may issue agreement or order
similar to license or order issued by United States—
Administrator, board. In the event the director finds that
it tends to effectuate the declared purposes of this chapter
within the standards prescribed in this chapter, the director
may issue a marketing agreement or order, applicable to the
marketing, within the state of Washington of any agricultural
commodity, containing like terms, provisions, methods and
procedures as any license or order regulating the marketing
of such commodity in interstate or foreign commerce, issued
by the secretary of agriculture of the United States pursuant
to the provisions of any law or laws of the United States. In
selecting an administrator or the members of any board or
other agency under such marketing order, the director may
utilize the same persons as those serving in a similar
capacity under such federal license or order, so as to avoid
duplicating or conflicting personnel: PROVIDED, That any
administrator, board or agency so appointed by the director
shall be responsible to the director for the performance of
such of their duties as relate to the administration of any
such marketing agreement or order issued by the director
hereunder. [1961 c 256 § 58.]
15.65.590 Cooperation, joint agreements or orders
with other states and United States to achieve uniformity.
The director and his designee are hereby authorized to confer
with and cooperate with the legally constituted authorities of
other states and of the United States, for the purpose of
obtaining uniformity in the administration of federal and
state marketing regulations, licenses, agreements or orders,
and the director is authorized to conduct joint hearings, issue
joint or concurrent marketing agreements or orders, for the
purposes and within the standards set forth in this chapter,
and may exercise any administrative authority prescribed by
this chapter to effect such uniformity of administration and
regulation. [1961 c 256 § 59.]
15.65.600 Public interest to be protected—
Establishment of prices prohibited. The director shall
protect the public interest and the interest of all consumers
and producers of every agricultural commodity regulated by
every marketing agreement and order issued pursuant to this
chapter and shall neither take nor authorize any action which
shall have for its purpose the establishment or maintenance
of prices. [1961 c 256 § 60.]
15.65.610 Orders, rules of Washington utilities and
transportation commission and interstate commerce
commission not affected. Nothing in this chapter contained
shall apply to any order, rule or regulation issued or issuable
by the Washington utilities and transportation commission or
the interstate commerce commission with respect to the
operation of common carriers. [1961 c 256 § 61.]
[Title 15 RCW—page 130]
15.65.620 Chapter not to affect other laws—
Agreements and orders under prior law may be made
subject to chapter. Nothing in this chapter shall apply to
nor alter nor change any provision of the statutes of the state
of Washington relating to the *apple advertising commission
(RCW 15.24.010-15.24.210 inclusive), to the soft tree fruits
commission (RCW 15.28.010-15.28.310 inclusive), or to
dairy products commission (RCW 15.44.010-15.44.180 inclusive), or to wheat commission (**RCW 15.63.01015.63.920 inclusive). No marketing agreement or order
containing any of the provisions specified in RCW 15.65.310
or 15.65.320 shall be issued with respect to the respective
commodities affected by said statutes unless and until any
commission established by any such statute shall cease to
perform the provisions of its respective statute. The provisions of this chapter shall have no application to any
marketing agreement or order issued pursuant to the Washington agricultural enabling act of 1955 (chapter 15.66
RCW); except that any such marketing agreement or order
issued pursuant to said 1955 act may be brought under this
chapter upon compliance with the provisions of this chapter
relating to amendments of marketing agreements and orders,
whereupon:
(1) The provisions of this chapter shall apply to and the
provisions of said 1955 act shall cease to apply to such
marketing agreement or order; and
(2) All assets and liabilities of, or pertaining to such
agreement or order, and of any commission or agency
established by it, shall continue to exist with respect to such
agreement, order, commission or agency after being so
brought under this chapter. [1961 c 256 § 62.]
Reviser’s note: *(1) The "Washington state apple advertising
commission" was renamed the "Washington apple commission" by 2002 c
313 § 115.
**(2) RCW 15.63.010 through 15.63.920 were repealed by 1998 c 11
§ 1.
15.65.630 Application of chapter to canners,
freezers, pressers, dehydrators of fruit or vegetables.
Except for the provisions of this chapter relating to levying,
collecting, and paying assessments, nothing in this chapter
shall apply to any person engaged in the canning, freezing,
pressing, or dehydrating of fresh fruit or vegetables. [1985
c 261 § 16; 1961 c 256 § 63.]
15.65.640 Chapter not to apply to green pea grower
or processor. Nothing in this chapter shall apply to any
person engaged in growing of or processing green peas.
[1961 c 256 § 64.]
15.65.650 Hop commodity board—Powers. In order
to ensure a viable and stable hop industry within the state of
Washington and to further the policies set forth in RCW
15.65.040(2) (d) and (f), the legislature specifically recognizes that the hop commodity board has the power to enter
into contracts, at its discretion, with individual producers of
hops to set aside or remove from production existing planted
hop acreage until such time as the need to contract with
individual producers of hops is eliminated based on the
adoption of a federal marketing order. This section does not
limit the director’s duty under RCW 15.65.600. [2002 c 313
§ 138.]
(2002 Ed.)
Washington State Agricultural Commodity Boards
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.900 Savings—1961 c 256. This chapter shall
not repeal, amend or modify chapter 15.66 RCW, or any
other law providing for the marketing of agricultural commodities and/or providing for marketing agreements or
orders for such agricultural commodities, which shall be in
existence on the date this act becomes effective. [1961 c
256 § 65.]
Reviser’s note: The effective date of this act was midnight June 7,
1961, see preface 1961 session laws.
15.65.910 Severability—1961 c 256. If any section,
sentence, clause or part of this act is for any reason held to
be unconstitutional, such decision shall not affect the
remaining portions of this act. The legislature hereby
declares that it would have passed this act and each section,
sentence, clause and part thereof despite the fact that one or
more sections, clauses or parts thereof be declared unconstitutional. [1961 c 256 § 66.]
Chapter 15.66
WASHINGTON STATE AGRICULTURAL
COMMODITY COMMISSIONS
(Formerly: Washington agricultural enabling act of 1955—
Commodity commissions)
Sections
15.66.010
15.66.015
15.66.017
15.66.023
15.66.025
15.66.030
15.66.040
15.66.050
15.66.053
15.66.055
15.66.060
15.66.070
15.66.080
15.66.090
15.66.093
15.66.097
15.66.100
15.66.105
15.66.110
15.66.113
15.66.115
15.66.120
15.66.123
15.66.130
15.66.140
(2002 Ed.)
Definitions.
Regulating agricultural commodities—Existing comprehensive scheme.
Regulating agricultural commodities—Laws applicable.
Commission may establish foundation.
Regulatory authority on the production of rapeseed by variety and location.
Marketing orders authorized.
Prerequisites to marketing orders—Director’s duties.
Petition for marketing order—Deposit to defray department’s
expenses—Circumstances requiring reimbursement.
Proceedings subject to administrative procedure act—
Exemptions.
Director’s duties and responsibilities—Rules.
Lists of affected parties—Notice—Use of lists.
Public hearing—Notice.
Findings and decision of the director.
Determined assent of affected parties.
Suspension of marketing order upon request of commodity
commission.
Issuing, amending, or terminating a marketing order—
Limitation on public hearings or referendums.
Contents of marketing order.
Certain records exempt from public disclosure—
Exemptions—Actions not prohibited by chapter.
Commodity commission—Composition—Terms.
When director appoints majority of the commission—
Nominations—Advisory vote—Notice—Director selects
either of two candidates receiving the most votes.
When director appoints majority of the commission—
Nominations—Advisory vote—Notice—Director appoints candidate receiving the most votes—Exception.
Commodity commission—Nominations—Elections—
Vacancies.
After any vote, referendum, nomination, or election—
Affected parties provided results—Disputes.
Commodity commission—Meetings—Quorum—
Compensation—Travel expenses for members and employees.
Commodity commission—Powers and duties.
15.65.650
15.66.143
Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.
15.66.145 Members may belong to association with same objectives—
Contracts with associations authorized.
15.66.150 Annual assessments—Rate—Collection.
15.66.153 Promotional hosting expenditures—Rules.
15.66.157 When commodity commission is terminated—Duties of
affected commodity commission.
15.66.160 Annual assessments—Disposition of revenue.
15.66.170 Annual assessments—Payments—Civil action to enforce.
15.66.180 Expenditure of funds collected.
15.66.185 Investment of agricultural commodity commission funds in
savings or time deposits of banks, trust companies, and
mutual savings banks.
15.66.190 Official bonds required.
15.66.200 Petition for modification or exemption—Hearing—Appeal
from ruling.
15.66.210 Unlawful acts—Penalties—Injunctions—Investigations.
15.66.220 Compliance with chapter a defense in any action.
15.66.230 Liability of commission, state, etc.
15.66.240 Marketing agreements.
15.66.245 Marketing agreement or order—Authority for participation
in proceedings concerning regulation of pesticides or
agricultural chemicals.
15.66.250 Price fixing and product limiting prohibited.
15.66.260 Costs of conducting nominations and elections—
Reimbursement.
15.66.270 Exemptions.
15.66.275 Applicability of chapter to state agencies or other governmental units.
15.66.280 Restrictive provisions of chapter 43.78 RCW not applicable
to promotional printing and literature of commissions.
15.66.900 Short title.
Agricultural processing and marketing associations: Chapter 24.34 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.66.010 Definitions. For the purposes of this
chapter:
(1) "Director" means the director of agriculture of the
state of Washington or any qualified person or persons
designated by the director of agriculture to act for him or her
concerning some matter under this chapter.
(2) "Department" means the department of agriculture
of the state of Washington.
(3) "Marketing order" means an order adopted by rule
by the director that establishes a commodity commission for
an agricultural commodity pursuant to this chapter.
(4) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other
animal or any distinctive type of agricultural, horticultural,
viticultural, vegetable, and/or animal product, including, but
not limited to, products qualifying as organic food products
under chapter 15.86 RCW and private sector cultured aquatic
products as defined in RCW 15.85.020 and other fish and
fish products, within its natural or processed state, including
beehives containing bees and honey and Christmas trees but
not including timber or timber products. The director is
authorized to determine what kinds, types or subtypes should
be classed together as an agricultural commodity for the
purposes of this chapter.
(5) "Producer" means any person engaged in the
business of producing or causing to be produced for market
in commercial quantities any agricultural commodity. "To
produce" means to act as a producer. For the purposes of
this chapter, "producer" shall include bailees who contract to
produce or grow any agricultural product on behalf of a
[Title 15 RCW—page 131]
15.66.010
Title 15 RCW: Agriculture and Marketing
bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further
production or increase.
(6) "Affected producer" means any producer who is
subject to a marketing order.
(7) "Affected commodity" means the agricultural
commodity that is specified in the marketing order.
(8) "Commodity commission" or "commission" means
a commission formed to carry out the purposes of this
chapter under a particular marketing order concerning an affected commodity.
(9) "Unit" means a unit of volume, quantity or other
measure in which an agricultural commodity is commonly
measured.
(10) "Unfair trade practice" means any practice which
is unlawful or prohibited under the laws of the state of
Washington including but not limited to Titles 15, 16 and 69
RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83
RCW, or any practice, whether concerning interstate or
intrastate commerce that is unlawful under the provisions of
the act of Congress of the United States, September 26,
1914, chapter 311, section 5, 38 U.S. Statutes at Large 719
as amended, known as the "Federal Trade Commission Act
of 1914", or the violation of or failure accurately to label as
to grades and standards in accordance with any lawfully
established grades or standards or labels.
(11) "Person" includes any individual, firm, corporation,
limited liability company, trust, association, partnership,
society, or any other organization of individuals or any unit
or agency of local, state, or federal government.
(12) "Cooperative association" means any incorporated
or unincorporated association of producers which conforms
to the qualifications set out in the act of Congress of the
United States, Feb. 18, 1922, chapter 57, sections 1 and 2,
42 U.S. Statutes at Large 388 as amended, known as the
"Capper-Volstead Act" and which is engaged in making
collective sales or in marketing any agricultural commodity
or product thereof or in rendering service for or advancing
the interests of the producers of such commodity on a
nonprofit cooperative basis.
(13) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who
markets his or her product through such cooperative association and who is a voting stockholder of or has a vote in the
control of or is under a marketing agreement with such
cooperative association with respect to such product.
(14) "Affected handler" means any handler of an
affected commodity.
(15) "Affected parties" means any producer, affected
producer, handler, or commodity commission member.
(16) "Assessment" means the monetary amount established in a marketing order that is to be paid by each
affected producer to a commission in accordance with the
schedule established in the marketing order.
(17) "Mail" or "send," for purposes of any notice
relating to rule making, referenda, or elections, means
regular mail or electronic distribution, as provided in RCW
34.05.260 for rule making. "Electronic distribution" or
"electronically" means distribution by electronic mail or
facsimile mail.
(18) "Handler" means any person who acts, either as
principal, agent, or otherwise, in the processing, selling,
[Title 15 RCW—page 132]
marketing, or distributing of an agricultural commodity that
is not produced by the handler. "Handler" does not include
a common carrier used to transport an agricultural commodity. "To handle" means to act as a handler.
(19) "List of affected parties" means a list containing
the names and mailing addresses of affected parties. This
list must contain the names and addresses of all affected
parties and, if requested by the director, the amount, by unit,
of the affected commodity produced during a designated
period under this chapter.
(20) "List of affected producers" means a list containing
the names and mailing addresses of affected producers. This
list must contain the names and addresses of all affected
producers and, if requested by the director, the amount, by
unit, of the affected commodity produced during a designated period under this chapter.
(21) "List of affected handlers" means a list containing
the names and addresses of affected handlers. This list must
contain the names and addresses of all affected handlers and,
if requested by the director, the amount, by unit, of the
affected commodity handled during a designated period
under this chapter.
(22) "Percent by numbers" means the percent of those
persons on the list of affected parties or affected producers.
(23) "Referendum" means a vote by the affected parties
or affected producers which is conducted by secret ballot.
(24) "Rule-making proceedings" means rule making
under chapter 34.05 RCW.
(25) "Vacancy" means that a commission member
leaves or is removed from a position on the commission
prior to the end of a term, or a nomination process for the
beginning of a term concludes with no candidates for a
position.
(26) "Volume of production" means the percent of the
average volume of production of the affected commodity of
those on the list of affected parties or affected producers for
a production period. For the purposes of this chapter, a
production period is a minimum three-year period or as
specified in the marketing order. [2002 c 313 § 39; 1993 c
80 § 3; 1986 c 203 § 16; 1985 c 457 § 14; 1983 c 288 § 6;
1982 c 35 § 180; 1975 1st ex.s. c 7 § 6; 1961 c 11 §
15.66.010. Prior: 1955 c 191 § 1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Severability—1986 c 203: See note following RCW 15.17.230.
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
15.66.015 Regulating agricultural commodities—
Existing comprehensive scheme. The history, economy,
culture, and the future of Washington state to a large degree
all involve agriculture. In order to develop and promote
Washington’s agricultural products as part of the existing
comprehensive scheme to regulate agricultural commodities,
the legislature declares:
(1) That the marketing of agricultural products within
this state is in the public interest. It is vital to the continued
economic well-being of the citizens of this state and their
general welfare that its agricultural commodities be properly
promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound,
(2002 Ed.)
Washington State Agricultural Commodity Commissions
efficient, and unhampered marketing, grading, and standardizing of the commodities they produce; and (b) working
towards stabilizing the agricultural industry by increasing
consumption of agricultural commodities within the state, the
nation, and internationally;
(2) That farmers and ranchers operate within a regulatory environment that imposes burdens on them for the benefit
of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair
the agricultural producer’s ability to compete in local,
domestic, and foreign markets;
(3) That it is now in the overriding public interest that
support for the agricultural industry be clearly expressed,
that adequate protection be given to agricultural commodities, uses, activities, and operations, and that each agricultural commodity be promoted individually, and as part of a
comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agricultural commodities;
(b) Increase the sale and use of Washington state’s
agricultural commodities in local, domestic, and foreign
markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s agricultural commodities;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of Washington state’s agricultural commodities and products; and
(e) Support and engage in programs or activities that
benefit the planting, production, harvesting, handling,
processing, marketing, and uses of agricultural commodities
produced in Washington state;
(4) That the director seek to enhance, protect, and
perpetuate the ability of the private sector to produce food
and fiber, and seek to maintain the economic well-being of
the agricultural industry in Washington state consistent with
its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement,
administer, and enforce this chapter through the adoption of
marketing orders that establish commodity commissions; and
(6) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state. [2002 c 313 § 38.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.017 Regulating agricultural commodities—
Laws applicable. This chapter and the rules adopted under
it are only one aspect of the comprehensively regulated
agricultural industry.
(1) Other laws applicable to agricultural commodities
include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
Chapter 15.13 RCW Horticultural plants and facilities—
Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of
ginseng;
(2002 Ed.)
15.66.015
Chapter 15.30 RCW Controlled atmosphere storage of
fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair
practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW Organic food products;
Chapter 15.92 RCW Center for sustaining agriculture
and natural resources;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission
merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.04 RCW Food, drugs, cosmetics, and
poisons including provisions of 21 C.F.R. relating to the
general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and
egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and
rodenticide act.
(2) In addition to the laws and regulations listed in
subsection (1) of this section that apply to the agricultural
industry as a whole, the potato industry is regulated by or
must comply with the following additional laws and the rules
or regulations adopted thereunder:
(a) 7 C.F.R., Part 51, United States standards for grades
of potatoes;
(b) 7 C.F.R., Part 946, Federal marketing order for Irish
potatoes grown in Washington;
(c) 7 C.F.R., Part 1207, Potato research and promotion
plan.
(3) In addition to the laws and regulations listed in
subsection (1) of this section that apply to the agricultural
industry as a whole, the wheat and barley industries are
regulated by or must comply with the following additional
laws and the rules adopted thereunder:
(a) 7 U.S.C., section 1621, Agricultural marketing act;
(b) Chapter 70.94 RCW, Washington clean air act,
agricultural burning.
(4) In addition to the laws and regulations listed in
subsection (1) of this section that apply to the agricultural
industry as a whole, the poultry industry is regulated by or
must comply with the following additional laws and the rules
adopted thereunder:
(a) 21 U.S.C., chapter 10, Poultry and poultry products
inspection;
(b) 21 U.S.C., chapter 9, Packers and stockyards;
(c) 7 U.S.C., section 1621, Agricultural marketing act;
(d) Washington fryer commission labeling standards.
[2002 c 313 § 41.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 133]
15.66.023
Title 15 RCW: Agriculture and Marketing
15.66.023 Commission may establish foundation. A
commodity commission may establish a foundation using
commission funds as grant money when the foundation
benefits the commodity for which the commission was
established. Commission funds may be used for the purposes authorized in the marketing order. [2001 c 315 § 8.]
15.66.025 Regulatory authority on the production
of rapeseed by variety and location. For the purpose of
rapeseed production in the state of Washington, the director
of the department of agriculture shall have the regulatory
authority on the production of rapeseed by variety and
geographical location until such time as a rapeseed commodity commission is formulated. Once formed, the rapeseed
commodity commission shall assume the regulatory authority
on the production of rapeseed by variety and geographic
location in the state of Washington. [1986 c 203 § 22.]
Severability—1986 c 203: See note following RCW 15.17.230.
15.66.030 Marketing orders authorized. Marketing
orders may be made for any one or more of the following
purposes:
(1) To establish plans and conduct programs for
advertising and sales promotion, to maintain present markets,
or to create new or larger markets for any agricultural
commodity grown in the state of Washington;
(2) To provide for carrying on research studies to find
more efficient methods of production, irrigation, processing,
transportation, handling, and marketing of any agricultural
commodity;
(3) To provide for improving standards and grades by
defining, establishing, and providing labeling requirements
with respect to the same;
(4) To investigate and take necessary action to prevent
unfair trade practices;
(5) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity
produced in Washington state to any elected official or
officer or employee of any agency;
(6) To provide marketing information and services for
producers of an agricultural commodity;
(7) To provide information and services for meeting
resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or
foreign marketing of food products of an agricultural
commodity; and
(9) To provide for commodity-related education and
training. [2002 c 313 § 40; 2001 c 315 § 1; 1961 c 11 §
15.66.030. Prior: 1955 c 191 § 3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.040 Prerequisites to marketing orders—
Director’s duties. Marketing orders and orders modifying
or terminating existing marketing orders shall be promulgated by the director only after the director has done the
following:
(1) Received a petition as provided for in RCW
15.66.050;
[Title 15 RCW—page 134]
(2) Given notice of hearing as provided for in RCW
15.66.060;
(3) Conducted a hearing as provided for in RCW
15.66.070;
(4) Made findings and decision as provided for in RCW
15.66.080;
(5) Determined assent of affected producers as provided
for in RCW 15.66.090. [1961 c 11 § 15.66.040. Prior:
1955 c 191 § 4.]
15.66.050 Petition for marketing order—Deposit to
defray department’s expenses—Circumstances requiring
reimbursement. (1) Petitions for issuance, amendment or
termination of a marketing order shall be signed by not less
than five percent or one hundred of the producers alleged to
be affected, whichever is less, and shall be filed with the
director. A petition for amendment or termination of a
marketing order may be submitted to the director by majority
vote of a commission.
(2) A commission shall reimburse the department for
expenses incurred by the department when a commodity
commission petitions the director to amend or terminate a
marketing order and for other services provided by the
department under this chapter. The department shall provide
to a commodity commission an estimate of expenses that
may be incurred to amend or terminate a marketing order
prior to any services taking place.
(3) Petitioners who are not a majority of a commission,
and who file a petition with the director to issue, amend, or
terminate a marketing order, shall deposit funds with the
director to pay for expenses incurred by the department,
under rules adopted by the director.
(4) A commission shall reimburse petitioners the amount
paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order, the commission shall reimburse the petitioners the amount expended
by the department when funds become available after
establishment of the commission; or
(b) If the petition is to amend or terminate a marketing
order, the commission shall reimburse the petitioners within
thirty days of the referendum if the proposal is assented to
by the affected producers.
(5) If for any reason a proceeding is discontinued, the
commission or petitioners, whichever is applicable, shall
reimburse the department only for expenses incurred by the
department up until the time the proceeding is discontinued.
[2002 c 313 § 42; 1961 c 11 § 15.66.050. Prior: 1955 c
191 § 5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.053 Proceedings subject to administrative
procedure act—Exemptions. (1) All rule-making proceedings conducted under this chapter shall be in accordance
with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this
chapter are exempt from compliance with RCW 34.05.310,
chapter 19.85 RCW, the regulatory fairness act, and RCW
43.135.055 when adoption of the rule is determined by a
referendum vote of the affected parties.
(2002 Ed.)
Washington State Agricultural Commodity Commissions
(3) The director may adopt amendments to marketing
orders without conducting a referendum if the amendments
are adopted under the following criteria:
(a) The proposed amendments relate only to internal
administration of a marketing order and are not subject to
violation by a person;
(b) The proposed amendments adopt or incorporate by
reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington
state agencies, if the material adopted or incorporated
regulates the same activities as are authorized under the
marketing order;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order;
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order shall not be amended without a
referendum to provide that a majority of the commodity
commission members be appointed by the director. [2002 c
313 § 43.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.055 Director’s duties and responsibilities—
Rules. The director may adopt rules necessary to carry out
the director’s duties and responsibilities under this chapter
including:
(1) The issuance, amendment, suspension, or termination
of marketing orders;
(2) Procedural, technical, or administrative rules which
may address and include, but are not limited to:
(a) The submission of a petition to issue, amend, or
terminate a marketing order under this chapter;
(b) Nominations conducted under this chapter;
(c) Elections of commission members or referenda
conducted under this chapter; and
(d) Actions of the director upon a petition to issue,
amend, or terminate a marketing order;
(3) Rules that provide for a method to fund:
(a) The costs of staff support for all commodity boards
and commissions in accordance with RCW 43.23.033 if the
position is not directly funded by the legislature; and
(b) The actual costs related to the specific activity
undertaken on behalf of an individual commodity board or
commission. [2002 c 313 § 44.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.060 Lists of affected parties—Notice—Use of
lists. (1) Upon receipt of a petition for the issuance of a
marketing order, the director shall establish a list of affected
parties of the agricultural commodity affected. In establishing a list of affected parties and their individual production, the director shall publish a notice to producers of the
commodity to be affected requiring them to file with the
director a report showing the producer’s name, mailing address, and the yearly average quantity of the affected
commodity produced by him or her in the three years
preceding the date of the notice or in such lesser time as the
producer has produced the commodity in question. Information as to production may also be accepted from other valid
(2002 Ed.)
15.66.053
sources if readily available. Notice of a proposed marketing
order issuance shall be as provided for in RCW 15.66.070.
(2) The director shall use the list of affected parties for
the purpose of notice, referendum proceedings, and electing
or selecting members of the commission in accordance with
this chapter and rules adopted under this chapter.
(3) An affected party may at any time file his or her
name and mailing address with the director. A list of
affected parties may be brought up-to-date by the director up
to the day preceding a mailing of a notice or ballot under
this chapter and that list is deemed the list of affected parties
entitled to vote.
(4) The list of affected parties shall be kept in the rulemaking file by the director. The list shall be certified as a
true representation of the referendum mailing list. Inadvertent failure to notify an affected party does not invalidate a
proceeding conducted under this chapter.
(5) The list of affected parties that is certified as the
true representation of the mailing list of a referendum shall
be used to determine assent as provided in this chapter.
(6) The director shall provide the commodity commission the list of affected and interested parties once a marketing order is adopted and a commodity commission is established as provided in this chapter. [2002 c 313 § 45;
1975 1st ex.s. c 7 § 7; 1969 c 66 § 1; 1961 c 11 §
15.66.060. Prior: 1955 c 191 § 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.070 Public hearing—Notice. (1) Notice of a
public hearing to issue, amend, or terminate a marketing
order shall be published once a week for four consecutive
weeks in a newspaper or newspapers, including a newspaper
or newspapers of general circulation within the affected
areas, as the director may prescribe, and shall be mailed to
all affected parties or affected producers. The director shall
mail notice to all affected parties or affected producers, as
applicable, who may be directly affected by the proposal and
whose names and addresses appear on the list compiled
under this chapter.
(2) At a public hearing the director shall receive
testimony offered in support of, or opposition to, the
proposed issuance of, amendment to, or termination of a
marketing order and concerning the terms, conditions, scope,
and area thereof. Such hearing shall be public and all
testimony shall be received under oath. A full and complete
record of all proceedings at such hearings shall be made and
maintained on file in the office of the director, which file
shall be open to public inspection. The director shall base
any findings upon the testimony received at the hearing,
together with any other relevant facts available from official
publications of institutions of recognized standing. The
director shall describe in the findings such official publications upon which any finding is based.
(3) The director shall have the power to subpoena
witnesses and to issue subpoenas for the production of any
books, records, or documents of any kind.
(4) The superior court of the county in which any
hearing or proceeding may be had may compel the attendance of witnesses and the production of records, papers,
books, accounts, documents and testimony as required by
such subpoena. The director, in case of the refusal of any
[Title 15 RCW—page 135]
15.66.070
Title 15 RCW: Agriculture and Marketing
witness to attest or testify or produce any papers required by
the subpoena, shall report to the superior court of the county
in which the proceeding is pending by petition setting forth
that due notice has been given of the time and place of
attendance of the witness or the production of the papers and
that the witness has been summoned in the manner prescribed in this chapter and that he or she has failed to attend
or produce the papers required by the subpoena at the
hearing, cause or proceeding specified in the subpoena, or
has refused to answer questions propounded to him or her in
the course of such hearing, cause, or proceeding, and shall
ask an order of the court to compel a witness to appear and
testify before the director. The court upon such petition
shall enter an order directing the witness to appear before the
court at a time and place to be fixed in such order and then
and there to show cause why he or she has not responded to
the subpoena. A copy of the order shall be served upon the
witness. If it appears to the court that the subpoena was
regularly issued, it shall enter an order that the witness
appear at the time and place fixed in the order and testify or
produce the required papers, and on failing to obey the order
the witness shall be dealt with as for contempt of court.
[2002 c 313 § 46; 1961 c 11 § 15.66.070. Prior: 1955 c
191 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.080 Findings and decision of the director.
The director shall make and publish findings upon every
material point controverted at the hearing and required by
this chapter and upon such other matters and things as he
may deem fitting and proper. He shall also issue a recommended decision based upon his findings and shall cause
copies of the findings and recommended decision to be
delivered or mailed to all parties of record appearing at the
hearing, or their attorneys of record. The recommended
decision shall contain the text in full of any order, or
amendment or termination of existing order, and may deny
or approve the proposal in its entirety, or it may recommend
a marketing order containing other or different terms or
conditions from those contained in the proposal: PROVIDED, That the same shall be of a kind or type substantially
within the purview of the notice of hearing and shall be
supported by evidence taken at the hearing or by documents
of which the director is authorized to take official notice.
The director shall not approve the issuance, amendment, or
termination of any marketing order unless he shall find with
respect thereto:
(1) That the proposed issuance, amendment or termination thereof is reasonably calculated to attain the objective
sought in such marketing order;
(2) That the proposed issuance, amendment, or termination is in conformity with the provisions of this chapter and
within the applicable limitations and restrictions set forth
therein will tend to effectuate the declared purposes and
policies of this chapter;
(3) That the interests of consumers of such commodity
are protected in that the powers of this chapter are being
exercised only to the extent necessary to attain such objectives.
After the issuance of a recommended decision all
interested parties shall have a period of not less than ten
[Title 15 RCW—page 136]
days to file objections with the director. The director shall
consider the objections and shall issue his final decision
which may be the same as the recommended decision or
may be revised in the light of said objections. The final
decision shall set out in full the text of the order. The
director shall deliver or mail copies of the final decision to
the same parties to whom copies of the findings and recommended decision are required to be sent. If the final
decision denies the proposal in its entirety, no further action
shall be taken by the director. [1961 c 11 § 15.66.080.
Prior: 1955 c 191 § 8.]
15.66.090 Determined assent of affected parties.
After the issuance by the director of the final decision
approving the issuance, amendment, or termination of a
marketing order, the director shall determine by a referendum whether the affected parties or producers assent to the
proposed action or not. The director shall conduct the
referendum among the affected parties or producers based on
the list as provided for in RCW 15.66.060, and the affected
parties or producers shall be deemed to have assented to the
proposed issuance or termination order if fifty-one percent or
more by number reply to the referendum within the time
specified by the director, and if, of those replying, sixty-five
percent or more by number and fifty-one percent or more by
volume assent to the proposed order. The producers shall be
deemed to have assented to the proposed amendment order
if sixty percent or more by number and sixty percent or
more by volume of those replying assent to the proposed
order. The determination by volume shall be made on the
basis of volume as determined in the list of affected producers created under provisions of RCW 15.66.060, subject to
rules and regulations of the director for such determination.
The director shall consider the approval or disapproval of
any cooperative marketing association authorized by its
producer members to act for them in any such referendum,
as being the approval or disapproval of the producers who
are members of or stockholders in or under contract with
such association of cooperative producers: PROVIDED,
That the association shall first determine that a majority of
the membership of the association authorize its action
concerning the specific marketing order. If the requisite
assent is given, the director shall promulgate the order and
shall mail notices of the same to all affected producers.
[2002 c 313 § 47; 1975 1st ex.s. c 7 § 8; 1961 c 11 §
15.66.090. Prior: 1955 c 191 § 9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.093 Suspension of marketing order upon
request of commodity commission. The director may,
upon the request of a commodity commission and without
compliance with RCW 15.66.070 through 15.66.090, suspend
the commission’s order or term or provision thereof for a
period of not to exceed one year, if the director finds that
the suspension will tend to effectuate the declared policy of
this chapter. Any suspension of all, or substantially all, of
a marketing order by the director is not effective until the
end of the then current marketing season. [2002 c 313 §
48.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
(2002 Ed.)
Washington State Agricultural Commodity Commissions
15.66.097 Issuing, amending, or terminating a
marketing order—Limitation on public hearings or
referendums. The director is not required to hold a public
hearing or a referendum more than once in any twelvemonth period on petitions to issue, amend, or terminate a
marketing order if any of the following circumstances are
present:
(1) The petition proposes to establish a marketing order
for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order; or
(3) The petition proposes to terminate the same marketing order. [2002 c 313 § 49.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.100 Contents of marketing order. A marketing order shall define the area of the state to be covered by
the order which may be all or any portion of the state; shall
contain provisions for establishment of a commodity commission and administration and operation and powers and
duties of same; shall provide for assessments as provided for
in this chapter and shall contain one or more of the provisions as set forth in RCW 15.66.030. The order may
provide that its provisions covering standards, grades, labels
and trade practices apply with respect to the affected
commodity marketed or sold within such area regardless of
where produced. A marketing order may provide that one
commodity commission may administer marketing orders for
two or more affected commodities, if approved by a majority, as provided in this chapter for the creation of a
marketing order, of the affected producers of each affected
commodity concerned. [1961 c 11 § 15.66.100. Prior:
1955 c 191 § 10.]
15.66.105 Certain records exempt from public
disclosure—Exemptions—Actions not prohibited by
chapter. (1) Pursuant to RCW 42.17.31907, certain agricultural business records, commodity commission records, and
department of agriculture records relating to commodity
commissions and producers of agricultural commodities are
exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or a commodity commission for the purpose of administering this chapter or a
marketing order may be shared between the department and
the applicable commodity commission. They may also be
used, if required, in any suit or administrative hearing
involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of a number of persons subject to any marketing
order as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity
commission of the name of any person violating any
marketing order and a statement of the manner of the
violation by that person. [2002 c 313 § 50.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.110 Commodity commission—Composition—
Terms. (1) Every marketing order shall establish a com(2002 Ed.)
15.66.097
modity commission composed of not less than five nor more
than thirteen members. In addition, the director shall be an
ex officio member of each commodity commission unless
otherwise specified in the marketing order. Commission
members shall be citizens and residents of this state if
required by the marketing order, and over the age of
eighteen. Not more than one commission member may be
part of the same "person" as defined by this chapter. The
term of office of commission members shall be three years
with the terms rotating so than one-third of the terms will
commence as nearly as practicable each year. However, the
first commission shall be selected, one-third for a term of
one year, one-third for a term of two years, and one-third for
a term of three years, as nearly as practicable. Except as
provided in subsection (2) of this section, no less than twothirds of the commission members shall be elected by the affected producers and such elected members shall all be
affected producers. The remaining members shall be
appointed by the commission and shall be either affected
producers, others active in matters relating to the affected
commodity, or persons not so related.
(2) A marketing order may provide that a majority of
the commission be appointed by the director, but in any
event, no less than one-third of the commission members
shall be elected by the affected producers.
(3) In the event that the marketing order provides that
a majority of the commission be appointed by the director,
the marketing order shall incorporate either the provisions of
RCW 15.66.113 or 15.66.115 for member selection. [2002
c 313 § 51; 2001 c 315 § 2; 1961 c 11 § 15.66.110. Prior:
1955 c 191 § 11.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.113 When director appoints majority of the
commission—Nominations—Advisory vote—Notice—
Director selects either of two candidates receiving the
most votes. (1) This section or RCW 15.66.115 applies
when the director appoints a majority of the positions of the
commission as set forth under RCW 15.66.110(3).
(2) Candidates for director-appointed positions on a
commission shall be nominated under RCW 15.66.120(1).
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member’s
term, the director shall cause an advisory vote to be held for
the director-appointed positions. Advisory ballots shall be
mailed to all affected producers and shall be returned to the
director not less than thirty days prior to the commencement
of the term. The advisory ballot shall be conducted in a
manner so that it is a secret ballot. The names of the two
candidates receiving the most votes in the advisory vote shall
be forwarded to the director for potential appointment to the
commission. In the event there are only two candidates
nominated for a position, an advisory vote may not be held
and the candidates’ names shall be forwarded to the director
for potential appointment.
(4) The candidates whose names are forwarded to the
director for potential appointment shall submit to the director
a letter stating why he or she wishes to be appointed to the
commission. The director may select either person for the
position. [2002 c 313 § 52.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 137]
15.66.115
Title 15 RCW: Agriculture and Marketing
15.66.115 When director appoints majority of the
commission—Nominations—Advisory vote—Notice—
Director appoints candidate receiving the most votes—
Exception. (1) This section or RCW 15.66.113 applies
when the director appoints a majority of the positions on a
commission as set forth under RCW 15.66.110(3).
(2) Candidates for director-appointed positions on a
commission shall be nominated under RCW 15.66.120(1).
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member’s
term, the director shall cause an advisory vote to be held for
the director-appointed positions. Advisory ballots shall be
mailed to all affected producers and shall be returned to the
director not less than thirty days prior to the commencement
of the term. The advisory ballot shall be conducted in a
manner so that it is a secret ballot. The name of the
candidate receiving the most votes in the advisory vote shall
be forwarded to the director for appointment to the commission.
(4) The director shall appoint the candidate receiving the
most votes in an advisory ballot unless the candidate fails to
meet the qualifications of commission members under this
chapter and the marketing order. In the event the director
rejects the candidate receiving the most votes, the position is
vacant and shall be filled under RCW 15.66.120(8). [2002
c 313 § 53.]
commission at a meeting of the commission within ninety
days prior to expiration of the term, or appointed by the director under this chapter and the marketing order.
(5) When only one nominee is nominated for any
position on the commission, the director shall determine
whether the nominee meets the qualifications of the position
and, if so, the director shall declare the nominee elected or
appoint the nominee to the position.
(6) In the event of a vacancy in an elected commission
member position on a commodity commission, the remaining
members shall select a qualified person to fill the vacant
position for the remainder of the current term or as provided
in the marketing order.
(7) In the event of a vacancy in an appointed member
position on a commodity commission, the appointment of
members shall be as specified in the marketing order.
(8) In the event of a vacancy in a director-appointed
member position on a commodity commission, the remaining
members shall recommend to the director a qualified person
for appointment to the vacant position. The director shall
appoint the person recommended by the commission unless
the person fails to meet the qualifications of commission
members under this chapter and the marketing order. [2002
c 313 § 54; 1975 1st ex.s. c 7 § 9; 1961 c 11 § 15.66.120.
Prior: 1955 c 191 § 12.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.120 Commodity commission—Nominations—
Elections—Vacancies. (1) Not less than ninety days nor
more than one hundred and five days prior to the beginning
of each term of each elected commission member, notice
shall be mailed to all affected producers with a call for
nominations in accordance with this section and provisions
of the marketing order. The notice shall give the final date
for filing nominations, which shall not be less than eighty
days nor more than eighty-five days before the beginning of
such term. The notice shall also advise that nominating
petitions shall be signed by five persons qualified to vote for
such candidates or, if the number of nominating signers is
provided for in the marketing order, then the number
provided in the marketing order.
(2) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member
term, the director shall mail ballots to all affected producers.
Ballots shall be required to be returned to the director not
less than thirty days prior to the commencement of the term.
The mail ballot shall be conducted in a manner so that it
shall be a secret ballot. With respect to the first commission
for a particular commodity, the director may call for nominations for commission members in the notice of the director’s
decision following the hearing and the ballot may be
submitted at the time the director’s proposed order is submitted to the affected producers for their assent.
(3) Commission members may be elected or appointed
from various districts within the area covered by the marketing order if the order so provides, with the number of
members from each district to be in accordance with the
provisions of the marketing order.
(4) The members of the commission not elected by the
affected producers shall be elected by a majority of the
[Title 15 RCW—page 138]
15.66.123 After any vote, referendum, nomination,
or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination
and elections, the department shall tally the results of the
vote and provide the results to affected parties.
(2) If an affected party disputes the results of a vote,
that affected party, within sixty days from the announced
results, shall provide in writing a statement of why the vote
is disputed and request a recount.
(3) Once the vote is tallied and distributed, all disputes
are resolved, and all matters in a vote are finalized, the
individual ballots may be destroyed. [2002 c 313 § 55.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.130 Commodity commission—Meetings—
Quorum—Compensation—Travel expenses for members
and employees. Each commodity commission shall hold
such regular meetings as the marketing order may prescribe
or that the commission by resolution may prescribe, together
with such special meetings that may be called in accordance
with provisions of its resolutions upon reasonable notice to
all members thereof. A majority of the voting members
shall constitute a quorum for the transaction of all business
of the commission.
Each member of the commission shall be compensated
in accordance with RCW 43.03.230. Members and employees of the commission may be reimbursed for actual travel
expenses incurred in carrying out the provisions of this
chapter, as defined under the commodity commission’s
marketing order. Otherwise, if not defined or referenced in
the marketing order, reimbursement for travel expenses shall
be in accordance with RCW 43.03.050 and 43.03.060. [2002
c 313 § 56; 2001 2nd sp.s. c 6 § 2; 1984 c 287 § 17; 1975(2002 Ed.)
Washington State Agricultural Commodity Commissions
’76 2nd ex.s. c 34 § 20; 1975 1st ex.s. c 7 § 10; 1972 ex.s.
c 112 § 3; 1961 c 11 § 15.66.130. Prior: 1955 c 191 § 13.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.66.140 Commodity commission—Powers and
duties. Every commodity commission shall have such
powers and duties in accordance with provisions of this
chapter as may be provided in the marketing order and shall
have the following powers and duties:
(1) To elect a chair and such other officers as determined advisable;
(2) To adopt, rescind and amend rules and regulations
reasonably necessary for the administration and operation of
the commission and the enforcement of its duties under the
marketing order;
(3) To administer, enforce, direct and control the
provisions of the marketing order and of this chapter relating
thereto;
(4) To employ and discharge at its discretion such
administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that
it may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease
office space and other necessary real property and transfer
and convey the same;
(6) To institute and maintain in its own name any and
all legal actions, including actions by injunction, mandatory
injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary
to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and
disbursements, which records shall be open to inspection and
audit by the state auditor or private auditor designated by the
state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating
expenses;
(10) To expend funds for commodity-related education,
training, and leadership programs as each commission deems
expedient;
(11) To work cooperatively with other local, state, and
federal agencies; universities; and national organizations for
the purposes provided in the commission’s marketing order;
(12) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in the commission’s
marketing order. Personal service contracts must comply
with chapter 39.29 RCW;
(13) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in the
commission’s marketing order;
(14) To enter into contracts or agreements for research
in the production, irrigation, processing, transportation,
marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of
private legal counsel to conduct legal actions on behalf of a
(2002 Ed.)
15.66.130
commission. The retention of a private attorney is subject
to review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the commission
authorized by the marketing order;
(17) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities
including activities authorized under RCW 42.17.190,
including the reporting of those activities to the public
disclosure commission;
(18) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments under the provisions of the
marketing order and data on the value of each producer’s
production for a minimum three-year period;
(19) To maintain a list of the names and addresses of
persons who handle the affected commodity within the
affected area and data on the amount and value of the
commodity handled for a minimum three-year period by
each person; and
(20) Such other powers and duties that are necessary to
carry out the purposes of this chapter. [2002 c 313 § 57;
2001 c 315 § 3; 1985 c 261 § 20; 1982 c 81 § 2; 1961 c 11
§ 15.66.140. Prior: 1955 c 191 § 14.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.143 Lists of all affected producers and
handlers—Affected parties responsible for accuracy—Use
of lists. (1) Each commodity commission shall prepare a list
of all affected producers from any information available
from the department, producers, producer associations,
organizations, or handlers of the affected commodity. This
list shall contain the names and addresses of all affected persons who produce the affected commodity and the amount,
by unit, of the affected commodity produced during at least
the past three years.
(2) Each commodity commission shall prepare a list of
all persons who handle the affected commodity and the
amount of the commodity handled by each person during at
least the past three years.
(3) It is the responsibility of all affected parties to
ensure that their correct address is filed with the commodity
commission. It is also the responsibility of affected parties
to submit production data and handling data to the commission as prescribed by the commission’s marketing order.
(4) Any qualified person may, at any time, have his or
her name placed upon any list for which he or she qualifies
by delivering or mailing the information to the commission.
The lists shall be corrected and brought up-to-date in
accordance with evidence and information provided to the
commission.
(5) At the director’s request, the commodity commission
shall provide the director a certified list of affected producers
or affected handlers from the commodity commission
records. The list shall contain all information required by
the director to conduct a referendum or commission member
elections under this chapter.
(6) For all purposes of giving notice and holding
referenda on amendment or termination proposals, and for
[Title 15 RCW—page 139]
15.66.143
Title 15 RCW: Agriculture and Marketing
giving notice and electing or selecting members of a commission, the applicable list corrected up to the day preceding
the date the list is certified by the commission and mailed to
the director is deemed to be the list of all affected producers
or affected handlers, as applicable, entitled to notice or to
vote. Inadvertent failure to notify an affected producer or
handler does not invalidate a proceeding conducted under
this chapter. [2002 c 313 § 58.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.145 Members may belong to association with
same objectives—Contracts with associations authorized.
Any member of an agricultural commission may also be a
member or officer of an association which has the same
objectives for which the agricultural commission was
formed. An agricultural commission may also contract with
such association for services necessary to carry out any
purposes authorized under this chapter, provided that an
appropriate contract has been entered into. [1972 ex.s. c 112
§ 4.]
15.66.150 Annual assessments—Rate—Collection.
There is hereby levied, and there shall be collected by each
commission, upon each and every unit of any agricultural
commodity specified in any marketing order an annual
assessment which shall be paid by the producer thereof upon
each and every such unit sold, processed, stored or delivered
for sale, processing or storage by him. Such assessments
shall be expressed as a stated amount of money per unit or
as a percentage of the net unit price at the time of sale. The
total amount of such annual assessment to be paid by all
affected producers of such commodity shall not exceed three
percent of the total market value of all affected units sold,
processed, stored or delivered for sale, processing or storage
by all affected producers of such units during the year to
which the assessment applies.
Every marketing order shall prescribe the per unit or
percentage rate of such assessment. Such rate may be at the
full amount of, or at any lesser amount than the amount
hereinabove limited and may be altered from time to time by
amendment of such order. In every such marketing order
and amendment the determination of such rate shall be based
upon the volume and price of sales of affected units during
a period which the director determines to be a representative
period. The per unit or percentage rate of assessment
prescribed in any such order or amendment shall for all
purposes and times be deemed to be within the limits of
assessment above provided until such time as such order is
amended as to such rate. However, at the end of any year,
any affected producer may obtain a refund from the commission of any assessment payments made which exceed three
percent of the total market value of all of the affected
commodity sold, processed, stored or delivered for sale,
processing or storage by such producer during the year.
Such refund shall be made only upon satisfactory proof
given by such producer in accordance with reasonable rules
and regulations prescribed by the director. Such market
value shall be based upon the average sales price received by
such producer during the year from all his bona fide sales or,
if such producer did not sell twenty-five percent or more of
all of the affected commodity produced by him during the
[Title 15 RCW—page 140]
year, such market value shall be determined by the director
upon other sales of the affected commodity determined by
the director to be representative and comparable.
To collect such assessment each order may require:
(1) Stamps to be purchased from the affected commodity commission or other authority stated in such order and
attached to the containers, invoices, shipping documents,
inspection certificates, releases, or receiving receipts or
tickets (said stamps to be canceled immediately upon being
attached and the date of cancellation placed thereon).
(2) Payment of producer assessments before the affected
units are shipped off the farm or payment of assessments at
different or later times, and in such event the order may
require any person subject to the assessment to give adequate
assurance or security for its payment.
(3) Every affected producer subject to assessment under
such order to deposit with the commission in advance an
amount based on the estimated number of affected units
upon which such person will be subject to such assessment
in any one year during which such marketing order is in
force, or upon any other basis which the director determines
to be reasonable and equitable and specifies in such order,
but in no event shall such deposit exceed twenty-five percent
of the estimated total annual assessment payable by such
person. At the close of such marketing year the sums so
deposited shall be adjusted to the total of such assessments
payable by such person.
(4) Handlers receiving the affected commodity from the
producer, including warehousemen and processors, to collect
producer assessments from producers whose production they
handle and remit the same to the affected commission. The
lending agency for a commodity credit corporation loan to
producers shall be deemed a handler for the purpose of this
subsection. No affected units shall be transported, carried,
shipped, sold, stored or otherwise handled or disposed of
until every due and payable assessment herein provided for
has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of
their business. [1981 c 297 § 40; 1979 ex.s. c 93 § 1; 1961
c 11 § 15.66.150. Prior: 1957 c 133 § 1; 1955 c 191 § 15.]
Severability—1981 c 297: See note following RCW 15.36.201.
15.66.153 Promotional hosting expenditures—Rules.
Agricultural commodity commissions shall adopt rules
governing promotional hosting expenditures by commodity
commission employees, agents, or commission members
under RCW 15.04.200. [2002 c 313 § 59.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.157 When commodity commission is terminated—Duties of affected commodity commission. If after
complying with the procedures outlined in this chapter and
a referendum proposal to terminate a commodity commission
is assented to, the affected commodity commission shall:
(1) Document the details of all measures undertaken to
terminate the commodity commission and identify and
document all closing costs;
(2) Contact the office of the state auditor and arrange
for a final audit of the commission. Payment for the audit
shall be from commission funds and identified in the budget
for closing costs;
(2002 Ed.)
Washington State Agricultural Commodity Commissions
15.66.157
(3) Provide for the reimbursement to affected producers
of moneys collected by assessment. Reimbursement shall be
made to those considered affected producers over the
previous three-year time frame on a pro rata basis and at a
percent commensurate with their volume of production over
the previous three-year period unless a different time period
is specified in the marketing order. If the commodity
commission finds that the amounts of moneys are so small
as to make impractical the computation and remitting of the
pro rata refund, the moneys shall be paid into the state
treasury as unclaimed trust moneys; and
(4) Transfer all remaining files to the department for
storage and archiving, as appropriate. [2002 c 313 § 60.]
bursements incurred and made pursuant to the provisions of
any marketing order shall be paid from moneys collected and
received pursuant to such order without the necessity of a
specific legislative appropriation and all moneys deposited
for the account of any order shall be paid from said account
by check or voucher in such form and in such manner and
upon the signature of such person as may be prescribed by
the commission. None of the provisions of RCW 43.01.050
shall be applicable to any such account or any moneys so
received, collected or expended. [2002 c 313 § 61; 1961 c
11 § 15.66.180. Prior: 1955 c 191 § 18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.185 Investment of agricultural commodity
commission funds in savings or time deposits of banks,
trust companies, and mutual savings banks. Any funds
of any agricultural commodity commission may be invested
in savings or time deposits in banks, trust companies, and
mutual savings banks that are doing business in the United
States, up to the amount of insurance afforded such accounts
by the Federal Deposit Insurance Corporation. This section
shall apply to all funds which may be lawfully so invested,
which in the judgment of any agricultural commodity commission are not required for immediate expenditure. The
authority granted by this section is not exclusive and shall be
construed to be cumulative and in addition to other authority
provided by law for the investment of such funds. [2002 c
313 § 62; 1967 ex.s. c 54 § 2. Formerly RCW 30.04.370.]
15.66.160 Annual assessments—Disposition of
revenue. Moneys collected by any commodity commission
pursuant to any marketing order from any assessment for
marketing purposes or as an advance deposit thereon shall be
used by the commission only for the purpose of paying for
the costs or expenses arising in connection with carrying out
the purposes and provisions of such agreement or order.
Upon the termination of any marketing order any and all
moneys remaining with the commodity commission operating under that marketing order and not required to defray
expenses or repay obligations incurred by that commission
shall be returned to the affected producers in proportion to
the assessments paid by each in the two year period preceding the date of the termination order. [1961 c 11 §
15.66.160. Prior: 1955 c 191 § 16.]
15.66.170 Annual assessments—Payments—Civil
action to enforce. Any due and payable assessment herein
levied, and every sum due under any marketing order in a
specified amount shall constitute a personal debt of every
person so assessed or who otherwise owes the same, and the
same shall be due and payable to the commission when
payment is called for by the commission. In the event any
person fails to pay the full amount of such assessment or
such other sum on or before the date due, the commission
may add to such unpaid assessment or sum an amount not
exceeding ten percent of the same to defray the cost of
enforcing the collecting of the same. In the event of failure
of such person or persons to pay any such due and payable
assessment or other such sum, the commission may bring a
civil action against such person or persons in a state court of
competent jurisdiction for the collection thereof, together
with the above specified ten percent thereon, and such action
shall be tried and judgment rendered as in any other cause
of action for debt due and payable. [1961 c 11 § 15.66.170.
Prior: 1955 c 191 § 17.]
15.66.180 Expenditure of funds collected. All
moneys which are collected or otherwise received pursuant
to each marketing order created under this chapter shall be
used solely by and for the commodity commission concerned
and shall not be used for any other commission, nor the
department except as otherwise provided in this chapter.
Such moneys shall be deposited in a separate account or
accounts in the name of the individual commission in any
bank which is a state depositary. All expenses and dis(2002 Ed.)
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.190 Official bonds required. Every administrator, employee or other person occupying a position of trust
under any marketing order and every member actually
handling or drawing upon funds shall give a bond in such
penal amount as may be required by the affected commission
or by the order, the premium for which bond or bonds shall
be paid by the commission. [1961 c 11 § 15.66.190. Prior:
1955 c 191 § 19.]
15.66.200 Petition for modification or exemption—
Hearing—Appeal from ruling. An affected producer
subject to a marketing order may file a written petition with
the director stating that the order, agreement or program or
any part thereof is not in accordance with the law, and
requesting a modification thereof or exemption therefrom.
He shall thereupon be given a hearing, which hearing shall
be conducted in the manner provided by RCW 15.66.070,
and thereafter the director shall make his ruling which shall
be final.
Appeal from any ruling of the director may be taken to
the superior court of the county in which the petitioner
resides or has his principal place of business, by serving
upon the director a copy of the notice of appeal and complaint within twenty days from the date of entry of the
ruling. Upon such application the court may proceed in
accordance with RCW 7.16.010 through 7.16.140. If the
court determines that the ruling is not in accordance with
law, it shall remand the proceedings to the director with
directions to make such ruling as the court determines to be
in accordance with law or to take such further proceedings
[Title 15 RCW—page 141]
15.66.200
Title 15 RCW: Agriculture and Marketing
as in its opinion are required by this chapter. [1961 c 11 §
15.66.200. Prior: 1955 c 191 § 20.]
15.66.210 Unlawful acts—Penalties—Injunctions—
Investigations. It shall be a misdemeanor for:
(1) Any person wilfully to violate any provision of this
chapter or any provision of any marketing order duly issued
by the director pursuant to this chapter.
(2) Any person wilfully to render or furnish a false or
fraudulent report, statement of record required by the
director or any commission pursuant to the provisions of this
chapter or any provision of any marketing order duly issued
by the director pursuant to this chapter or wilfully to fail or
refuse to furnish or render any such report, statement or
record so required.
In the event of violation or threatened violation of any
provision of this chapter or of any marketing order duly
issued or entered into pursuant to this chapter, the director,
the affected commission, or any affected producer on joining
the affected commission, shall be entitled to an injunction to
prevent further violation and to a decree of specific performance of such order, and to a temporary restraining order
and injunction pending litigation upon filing a verified
complaint and sufficient bond.
All persons subject to any order shall severally from
time to time, upon the request of the director, furnish him
with such information as he finds to be necessary to enable
him to effectuate the policies of this chapter and the purposes of such order or to ascertain and determine the extent to
which such order has been carried out or has effectuated
such policies and purposes, or to determine whether or not
there has been any abuse of the privilege of exemptions from
laws relating to trusts, monopolies and restraints of trade.
Such information shall be furnished in accordance with
forms and reports to be prescribed by the director. For the
purpose of ascertaining the correctness of any report made
to the director pursuant to this section or for the purpose of
obtaining the information required in any such report where
it has been requested and has not been furnished, the director
is authorized to examine such books, papers, records, copies
of tax reports, accounts, correspondence, contracts, documents or memoranda as he deems relevant and which are
within the control of any such person from whom such
report was requested, or of any person having, either directly
or indirectly, actual or legal control of or over such person
or such records, or of any subsidiary of any such person. To
carry out the purposes of this section the director, upon
giving due notice, may hold hearings, take testimony,
administer oaths, subpoena witnesses and issue subpoenas
for the production of books, records, documents or other
writings of any kind, and RCW 15.66.070 shall apply with
respect to any such hearing, together with such other
regulations consistent therewith as the director may from
time to time prescribe. [1961 c 11 § 15.66.210. Prior:
1955 c 191 § 21.]
15.66.220 Compliance with chapter a defense in any
action. In any civil or criminal action or proceeding for
violation of any rule of [or] statutory or common law against
monopolies or combinations in restraint of trade, proof that
the act complained of was done in compliance with the
[Title 15 RCW—page 142]
provisions of this chapter or a marketing order issued under
this chapter, and in furtherance of the purposes and provisions of this chapter, shall be a complete defense to such
action or proceeding. [1961 c 11 § 15.66.220. Prior: 1955
c 191 § 22.]
15.66.230 Liability of commission, state, etc.
Obligations incurred by any commission and any other
liabilities or claims against the commission shall be enforced
only against the assets of such commission in the same
manner as if it were a corporation and no liability for the
debts or actions of the commission shall exist against either
the state of Washington or any subdivision or instrumentality
thereof or against any other commission established pursuant
to this chapter or the assets thereof or against any member
officer, employee or agent of the board in his individual
capacity. The members of any such commission, including
employees of such board, shall not be held responsible individually in any way whatsoever to any person for errors in
judgment, mistakes, or other acts, either of commission or
omission, as principal, agent, person or employee, except for
their own individual acts of dishonesty or crime. No such
person or employee shall be held responsible individually for
any act or omission of any other member of any such
commission. The liability of the members of such commission shall be several and not joint and no member shall be
liable for the default of any other member. [1961 c 11 §
15.66.230. Prior: 1955 c 191 § 23.]
15.66.240 Marketing agreements. Marketing
agreements shall be created upon written application filed
with the director by not less than five commercial producers
of an agricultural commodity and upon approval of the
director. The director shall hold a public hearing upon such
application. Not less than five days prior thereto he shall
give written notice thereof to all producers whom he determines may be proper parties to such agreement and shall
publish such notice at least once in a newspaper of general
circulation in the affected area. The director shall approve
an agreement so applied for only if he shall find:
(1) That no other agreement or order is in force for the
same commodity in the same area or any part thereof;
(2) That such agreement will tend to effectuate its
purpose and the declared policies of this chapter and
conforms to law;
(3) That enough persons who produce a sufficient
amount of the affected commodity to tend to effectuate said
policies and purposes and to provide sufficient moneys to
defray the necessary expenses of formulation, issuance,
administration and enforcement have agreed in writing to
said agreement.
Such agreement may be for any of the purposes and
may contain any of the provisions that a marketing order
may contain under the provisions of this chapter but no other
purposes and provisions. A commodity commission created
by such agreement shall in all respects have all powers and
duties as a commodity commission created by a marketing
order. Such agreement shall be binding upon, and only
upon, persons who have signed the agreement: PROVIDED,
That a cooperative association may, in behalf of its members, execute any and all marketing agreements authorized
(2002 Ed.)
Washington State Agricultural Commodity Commissions
hereunder, and upon so doing, such agreement so executed
shall be binding upon said cooperative association and its
members. Such agreements shall go into force when the
director endorses his approval in writing upon the agreement
and so notifies all who have signed the agreement. Additional signatories may be added at any time with the approval of the director. Every agreement shall remain in force
and be binding upon all persons so agreeing for the period
specified in such agreement but the agreement shall provide
a time at least once in every twelve months when any or all
such persons may withdraw upon giving notice as provided
in the agreement. Such an agreement may be amended or
terminated in the same manner as herein provided for its
creation and may also be terminated whenever after the
withdrawal of any signatory the director finds on the basis
of evidence presented at such hearing that not enough
persons remain signatory to such agreement to effectuate the
purposes of the agreement or the policies of the act or to
provide sufficient moneys to defray necessary expenses.
However, in the event that a cooperative association is
signatory to the marketing agreement in behalf of its
members, the action of the cooperative association shall be
considered the action of its members for the purpose of
determining withdrawal or termination. [1961 c 11 §
15.66.240. Prior: 1955 c 191 § 24.]
15.66.245 Marketing agreement or order—
Authority for participation in proceedings concerning
regulation of pesticides or agricultural chemicals. Any
marketing agreement or order may authorize the members of
a commodity commission, or their agents or designees, to
participate in federal or state hearings or other proceedings
concerning regulation of the manufacture, distribution, sale,
or use of any pesticide as defined by RCW 15.58.030(30) or
any agricultural chemical which is of use or potential use in
producing the affected commodity. Any marketing agreement or order may authorize the expenditure of commodity
commission funds for this purpose. [2002 c 313 § 63; 1988
c 54 § 2.]
15.66.240
(1) Any order, rule, or regulation issued or issuable by
the Washington utilities and transportation commission or the
interstate commerce commission with respect to the operation of common carriers;
(2) Any provision of the statutes of the state of Washington relating to the *apple advertising commission (chapter
15.24 RCW), to the soft tree fruits commission (chapter
15.28 RCW) or to the dairy products commission (chapter
15.44 RCW). No marketing agreement or order shall be
issued with respect to apples, soft tree fruits or dairy
products for the purposes specified in RCW 15.66.030(1) or
15.66.030(2). [1961 c 11 § 15.66.270. Prior: 1955 c 191
§ 27.]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
15.66.275 Applicability of chapter to state agencies
or other governmental units. The provisions of this
chapter and any marketing order established thereunder shall
be applicable to any state agency or other governmental unit
engaged in the production for sale of any agricultural
commodity subject to such marketing order, especially those
relating to RCW 15.66.150 concerning assessments. Such
assessments shall be paid by the state agency or governmental agency made subject to the marketing order from the
proceeds derived from the sale of said agricultural commodities. [1967 ex.s. c 55 § 1.]
15.66.280 Restrictive provisions of chapter 43.78
RCW not applicable to promotional printing and literature of commissions. The restrictive provisions of chapter
43.78 RCW as now or hereafter amended shall not apply to
promotional printing and literature for any commission
formed under this chapter. [1972 ex.s. c 112 § 5.]
15.66.900 Short title. This chapter shall be known
and may be cited as the "Washington Agricultural Enabling
Act." [1961 c 11 § 15.66.900. Prior: 1955 c 191 § 29.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.250 Price fixing and product limiting prohibited. Nothing contained in this chapter shall permit fixing
of prices not otherwise permitted by law or any limitation on
production and no marketing order or agreement or any rule
or regulation thereunder shall contain any such provisions.
[1961 c 11 § 15.66.250. Prior: 1955 c 191 § 25.]
15.66.260 Costs of conducting nominations and
elections—Reimbursement. The department shall be
reimbursed for actual costs incurred in conducting nominations and elections for members of any commodity
commission established under the provisions of this chapter.
Such reimbursement shall be made from the funds of the
commission for which the nominations and elections were
conducted by the director. [2002 c 313 § 64; 1969 c 66 §
2; 1961 c 11 § 15.66.260. Prior: 1955 c 191 § 26.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.270 Exemptions. Nothing in this chapter
contained shall apply to:
(2002 Ed.)
Chapter 15.70
RURAL REHABILITATION
Sections
15.70.010
15.70.020
15.70.030
15.70.040
15.70.050
Director may receive federal funds for rural rehabilitation
corporation.
Director may delegate certain powers to secretary of agriculture.
Deposit and use of funds.
Powers of director—In general.
No liability as to United States.
15.70.010 Director may receive federal funds for
rural rehabilitation corporation. The director of the state
department of agriculture is hereby designated as the state
official of the state of Washington to make application to
and receive from the secretary of agriculture of the United
States, or any other proper federal official, pursuant and
subject to the provisions of public law 499, 81st congress,
approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the
[Title 15 RCW—page 143]
15.70.010
Title 15 RCW: Agriculture and Marketing
Washington rural rehabilitation corporation. [1961 c 11 §
15.70.010. Prior: 1951 c 169 § 1.]
him under agreements entered into pursuant to RCW
15.70.020. [1961 c 11 § 15.70.040. Prior: 1951 c 169 § 4.]
15.70.020 Director may delegate certain powers to
secretary of agriculture. The director of agriculture is
authorized, in his discretion, to enter into agreements with
the secretary of agriculture of the United States pursuant to
section 2(f) of the aforesaid act of the congress of the United
States, upon such terms and conditions and for such periods
of time as may be mutually agreeable, authorizing the
secretary of agriculture of the United States to accept,
administer, expend and use in the state of Washington all or
any part of such trust assets or any other funds of the state
of Washington which may be appropriated for such uses for
carrying out the purposes of titles I and II of the BankheadJones farm tenant act, in accordance with the applicable
provisions of title IV thereof, as now or hereafter amended,
and to do any and all things necessary to effectuate and
carry out the purposes of said agreements. [1961 c 11 §
15.70.020. Prior: 1951 c 169 § 2.]
15.70.050 No liability as to United States. The
United States and the secretary of agriculture thereof, shall
be held free from liability by virtue of the transfer of the
assets to the director of agriculture of the state of Washington pursuant to this chapter. [1961 c 11 § 15.70.050.
Prior: 1951 c 169 § 5.]
15.70.030 Deposit and use of funds. Notwithstanding
any other provisions of law, funds and the proceeds of the
trust assets which are not authorized to be administered by
the secretary of agriculture of the United States under the
provisions of RCW 15.70.020 shall be received by the
director of agriculture and by him deposited with the
treasurer of the state. Such funds are hereby appropriated
and may be expended or obligated by the director of
agriculture for the purposes of RCW 15.70.020 or for use by
the director of agriculture for such of the rural rehabilitation
purposes permissible under the charter of the now dissolved
Washington rural rehabilitation corporation as may from time
to time be agreed upon by the director of agriculture and the
secretary of agriculture of the United States, subject to the
applicable provisions of said public law 499. [1961 c 11 §
15.70.030. Prior: 1951 c 169 § 3.]
15.70.040 Powers of director—In general. The
director of agriculture is authorized and empowered to:
(1) Collect, compromise, adjust or cancel claims and
obligations arising out of or administered under this chapter
or under any mortgage, lease, contract or agreement entered
into or administered pursuant to this chapter and if, in his
judgment, necessary and advisable, pursue the same to final
collection in any court having jurisdiction.
(2) Bid for and purchase at any execution, foreclosure
or other sale, or otherwise to acquire property upon which
the director of agriculture has a lien by reason of judgment
or execution, or which is pledged, mortgaged, conveyed or
which otherwise secures any loan or other indebtedness
owing to or acquired by the director of agriculture under this
chapter, and
(3) Accept title to any property so purchased or acquired; to operate or lease such property for such period as
may be deemed necessary to protect the investment therein;
and to sell or otherwise dispose of such property in a manner
consistent with the provisions of this chapter.
The authority herein contained may be delegated to the
secretary of agriculture of the United States with respect to
funds or assets authorized to be administered and used by
[Title 15 RCW—page 144]
Chapter 15.74
HARDWOODS COMMISSION
Sections
15.74.005
15.74.010
15.74.020
15.74.030
15.74.040
15.74.050
15.74.060
15.74.070
15.74.900
Legislative purpose.
Commission created.
Commission authority.
Commission management.
Financial requirements.
Obligations, liabilities, and claims.
Assessments—Generally.
Assessments—Failure to pay.
Severability—1990 c 142.
15.74.005 Legislative purpose. The legislature
recognizes that the economic base of the state of Washington
is directly tied to the development and management of forest
industries and that efforts to enhance and promote the
recognition and expansion of the hardwoods industry should
be coordinated between state and federal agencies, the forest
products industry, commissions, institutions of higher
education, and other entities. The legislature further recognizes that the development of hardwood forests and hardwood products will require multispecie, sustained-yield management plans for industrial and nonindustrial timber tracts,
the development of products and markets for all grades of
hardwoods, a stable and predictable tax program for new and
existing firms and financial assistance for the attraction and
expansion of new and existing hardwood processing facilities. The legislature also recognizes that the welfare of the
citizens of the state of Washington require, as a public
purpose, a continuing effort toward the full utilization of
hardwood forests and the hardwood products industry. [1990
c 142 § 1.]
15.74.010 Commission created. In recognition of the
findings and purposes in RCW 15.74.005, there is created
the Washington hardwoods commission, which is created
solely for the purposes set forth in this chapter. The
commission shall be comprised of seven members. All
members shall be members of the hardwood industry. All
members shall initially be appointed by the governor and
shall be appointed to staggered terms. Three members shall
be appointed for a two-year term, two members to a threeyear term, and two members to a four-year term. The
hardwoods commission shall, by January 1, 1991, develop a
method of electing board members to replace the appointed
members. Each board member shall serve until the election
of his or her successor. Five voting members of the commission constitute a quorum for the transaction of any
business of the commission. Each member of the commis(2002 Ed.)
Hardwoods Commission
15.74.010
sion shall be a resident of the state and over the age of
twenty-one. [1990 c 142 § 2.]
accepted principles of accounting, available for audit by the
state auditor. [1990 c 142 § 5.]
15.74.020 Commission authority. The commission
shall have the power, duty, and responsibility to assist in the
retention, expansion, and attraction of hardwood-related
industries by creating a climate for development and support
of the industry. The commission shall coordinate efforts to
enhance and promote the expansion of the forest industry
among state and federal agencies, industry organizations, and
institutions of higher education. The commission shall have
the power and duty to develop products and markets for
various species and grades of hardwoods, and to study and
recommend a tax program that will attract new firms and
promote stability for existing firms. The commission shall
also have as its duty the development of an enhancement and
protection program that will reduce waste and respect
environmental sensitivity. The commission will develop
financial assistance programs from public and private
moneys for attraction and expansion of new and existing
primary, secondary, and tertiary processing facilities. It is
also appropriate that the commission utilize recognized
experts in educational institutions, public and private
foundations, and agencies of the state, to facilitate research
into economic development, hardwood silviculture, woodland
management, and the development of new products. The
commission will also work cooperatively with the department of natural resources in the development of best
management practices for hardwood resources. [1990 c 142
§ 3.]
15.74.050 Obligations, liabilities, and claims.
Obligations incurred by the commission and liabilities or
claims against the commission shall be enforced only against
the assets of the commission in the same manner as if it
were a corporation and no liability for the debts or actions
of the commission shall exist against either the state of
Washington or any subdivision or instrumentality thereof or
against any member, officer, employee, or agent of the
commission in his or her individual capacity. The members
of the commission, including employees of the commission,
shall not be held responsible in any way whatsoever to any
person for errors in judgment, mistakes, or other acts, either
of commission or omission, as principle, agent, person, or
employees, except for their own individual acts of dishonesty
or crime. No such person or employee shall be held
responsible individually for any act or omission of any other
members of the commission. [1990 c 142 § 6.]
15.74.030 Commission management. The commission shall have the power to elect a chair and such officers
as the commission deems necessary and advisable. The
commission shall elect a treasurer who shall be responsible
for all receipts and disbursements by the commission. The
treasurer’s faithful discharge of duties shall be guaranteed by
a bond at the sole expense of the commission. The commission shall adopt rules for its governance, which shall provide
for the holding of an annual meeting for the election of
officers and the transaction of other business and for such
other meetings as the commission may direct. The commission shall do all things reasonably necessary to effect the
purposes of this chapter. The commission shall have no
legislative power. The commission may employ and
discharge managers, secretaries, agents, attorneys, and other
employees or staff, and may engage the services of independent contractors, prescribe their duties, and fix their compensation. Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses at the rates allowed state employees in accordance with RCW 43.03.050 and 43.03.060. [1991 c 67 § 1;
1990 c 142 § 4.]
15.74.040 Financial requirements. The commission
shall maintain an account with one or more public depositaries, and may deposit moneys in the depositary and expend
moneys for purposes authorized by this chapter in the form
of drafts made by the commission. The commission shall
keep accurate records of all receipts, disbursements, and
other financial transactions in accordance with generally
(2002 Ed.)
15.74.060 Assessments—Generally. To provide for
permanent funding of the Washington hardwoods commission, agricultural commodity assessments shall be levied by
the commission on processors of hardwoods.
An assessment is hereby levied on hardwood processors
operating within the state of Washington. The assessment
categories shall be based on the hardwood processor’s
production per calendar quarter. The assessment shall be
levied based upon the following schedule:
CATEGORY
QUARTERLY
QUARTERLY
PRODUCTION
ASSESSMENT
(THOUSAND TONS)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
5 to 7.5
7.5 to 15
15 to 25
25 to 35
35 to 45
45 to 62.5
62.5 to 82.5
82.5 to 125
125 to 175
175 to 250
250 to 350
350 to 450
450 to 625
625 to 875
875 to 1125
Over 1125
$ 150
$ 300
$ 600
$ 900
$ 1,200
$ 1,500
$ 2,250
$ 3,000
$ 4,500
$ 6,000
$ 9,000
$12,000
$15,000
$22,500
$30,000
$35,000
The commission may develop by rule formulas for
converting other units of measure to thousands of tons of
production for determining the appropriate production
category. The assessment shall be calculated based upon
calendar quarters with the first assessment period beginning
July 1, 1991. [1991 c 67 § 3; 1990 c 142 § 7.]
15.74.070 Assessments—Failure to pay. Any due
and payable assessment levied under this chapter in such
specified amount as may be determined by the commission
shall constitute a personal debt of every person so assessed
[Title 15 RCW—page 145]
15.74.070
Title 15 RCW: Agriculture and Marketing
or who otherwise owes the same, and the same shall be due
and payable to the commission when payment is called for
by the commission. In the event any person fails to pay the
commission the full amount of such assessment or such other
sum on or before the date due, the commission may, and is
hereby authorized to, add to such unpaid assessment or sum
an amount not exceeding ten percent of the same to defray
the cost of enforcing the collecting of the same. In the event
of failure of such person or persons to pay any such due and
payable assessment or other such sum, the commission may
bring a civil action against such person or persons in a court
of competent jurisdiction for the collection thereof, together
with the above specified ten percent thereon, and such action
shall be tried and judgment rendered as in any other cause
of action for debt due and payable. [1991 c 67 § 2.]
15.74.900 Severability—1990 c 142. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 142 § 9.]
Chapter 15.76
AGRICULTURAL FAIRS, YOUTH SHOWS,
EXHIBITIONS
Sections
15.76.100
Declaration of public interest—Allocation of state funds
authorized.
15.76.110 Definitions.
15.76.115 Fair fund—Created—Treasurer’s transfer—Purpose.
15.76.120 Categories of fairs—Jurisdiction and organization.
15.76.130 Application for state allocation—Purposes—Form.
15.76.140 Eligibility requirements for state allocation.
15.76.150 Allocations from the fair fund—Considerations.
15.76.160 Purposes for which allocation made—To whom made—List
of premiums to be submitted as part of application,
form.
15.76.165 Application of counties for capital improvement and maintenance assistance—Exemption of leased property from
property taxation.
15.76.170 Fairs commission—Creation, terms, compensation, powers
and duties.
15.76.180 Rules and regulations.
County fairs: Chapter 36.37 RCW.
County property, lease for agricultural purposes: RCW 36.34.145.
15.76.100 Declaration of public interest—Allocation
of state funds authorized. It is hereby declared that it is in
the public interest to hold agricultural fairs, including the
exhibition of livestock and agricultural produce of all kinds,
as well as related arts and manufactures; including products
of the farm home and educational contest, displays and
demonstrations designed to train youth and to promote the
welfare of farm people and rural living. Fairs qualifying
hereunder shall be eligible for allocations from the state fair
fund as provided in this chapter. [1961 c 61 § 1.]
15.76.110 Definitions. "Director" shall mean the
director of agriculture. "Commission" shall mean the fairs
commission created by this chapter. "State allocations" shall
mean allocations from the state fair fund. [1961 c 61 § 2.]
[Title 15 RCW—page 146]
15.76.115 Fair fund—Created—Treasurer’s transfer—Purpose. The fair fund is created in the custody of the
state treasury. All moneys received by the department of
agriculture for the purposes of this fund and from RCW
67.16.105(4) shall be deposited into the fund. At the
beginning of fiscal year 2002 and each fiscal year thereafter,
the state treasurer shall transfer into the fair fund from the
general fund the sum of two million dollars. Expenditures
from the fund may be used only for assisting fairs in the
manner provided in this chapter. Only the director of
agriculture or the director’s designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures. [2001 2nd sp.s. c 16 § 1; 1998 c
345 § 2.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
15.76.120 Categories of fairs—Jurisdiction and
organization. For the purposes of this chapter all agricultural fairs in the state which may become eligible for state
allocations shall be divided into categories, to wit:
(1) "Area fairs"—those not under the jurisdiction of
boards of county commissioners; organized to serve an area
larger than one county, having both open and junior participation, and having an extensive diversification of classes,
displays and exhibits;
(2) "County and district fairs"—organized to serve the
interests of single counties other than those in which a
recognized area fair or a district fair as defined in RCW
36.37.050, is held and which are under the direct control and
supervision of the county commissioners of the respective
counties, which have both open and junior participation, but
whose classes, displays and exhibits may be more restricted
or limited than in the case of area or district fairs. There
may be but one county fair in a single county: PROVIDED,
HOWEVER, That the county commissioners of two or more
counties may, by resolution, jointly sponsor a county fair.
(3) "Community fairs"—organized primarily to serve a
smaller area than an area or county fair, which may have
open or junior classes, displays, or exhibits. There may be
more than one community fair in a county.
(4) "Youth shows and fairs"—approved by duly constituted agents of Washington State University or the office of
the superintendent of public instruction, serving three or
more counties, and having for their purpose the education
and training of rural youth in matters of rural living. [1993
c 163 § 1; 1991 c 238 § 74; 1961 c 61 § 3.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
15.76.130 Application for state allocation—
Purposes—Form. For the purpose of encouraging agricultural fairs and training rural youth, the board of trustees of
any fair or youth show may apply to the director of agriculture for state allocations as hereinafter set forth. Such
application shall be in such form as the director may
prescribe. [1961 c 61 § 4.]
15.76.140 Eligibility requirements for state allocation. (1) Before any agricultural fair may become eligible
(2002 Ed.)
Agricultural Fairs, Youth Shows, Exhibitions
for state allocations it must have conducted two successful
consecutive annual fairs immediately preceding application
for such allocations, and have its application therefor
approved by the director.
(2) Beginning January 1, 1994, the director may waive
this requirement for an agricultural fair that through itself or
its predecessor sponsoring organization has successfully
operated at least two years as a county fair and that reorganizes as an area fair. [2001 c 157 § 1; 1995 c 374 § 71;
1965 ex.s. c 32 § 1; 1961 c 61 § 5.]
Effective date—2001 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 157 § 2.]
15.76.150 Allocations from the fair fund—
Considerations. The director shall have the authority to
make allocations from the state fair fund, including interest
income under RCW 43.79A.040, exclusively as follows:
Eighty-five percent to participating agricultural fairs, distributed according to the merit of such fairs measured by a merit
rating to be set up by the director. This merit rating shall
take into account such factors as area and population served,
open and/or youth participation, attendance, gate receipts,
number and type of exhibits, premiums and prizes paid,
community support, evidence of successful achievement of
the aims and purposes of the fair, extent of improvements
made to grounds and facilities from year to year, and overall
condition and appearance of grounds and facilities. The
remaining fifteen percent of money in the state fair fund may
be used for special assistance to any participating fair or
fairs and for administrative expenses incurred in the administration of this chapter only, including expenses incurred by
the fair commission as may be approved by the director:
PROVIDED, That not more than five percent of the state
fair fund may be used for such expenses.
The division and payment of funds authorized in this
section shall occur at such times as the director may prescribe. [2002 c 313 § 113; 1965 ex.s. c 32 § 2; 1961 c 61
§ 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.76.160 Purposes for which allocation made—To
whom made—List of premiums to be submitted as part
of application, form. Any state allocations made under this
chapter to fairs or youth shows, other than fairs or youth
shows operated by or for and under the control of one or
more counties or other agencies, as defined in subsection (4)
of RCW 15.76.120, shall be made only as a reimbursement
in whole or in part for the payment of premiums and prizes
awarded to participants in such fairs or youth shows. State
allocations to fairs under the control of one or more counties
shall be made to the county treasurer of the county in which
the fair is held. State allocations to other publicly sponsored
fairs or youth shows shall be made to such sponsor. The
board of trustees of any private fair or youth show, as part
of its application for any allocation under this chapter, and
as a condition of such allocation, shall submit to the director
a list of premiums and prizes awarded to participants in its
last preceding fair or youth show. Such list shall contain the
names of all premium and prize winners, a description of
each prize or premium, including its amount or value, and
(2002 Ed.)
15.76.140
the total values of all such awards. The list shall be in such
form and contain such further information as the director
may require, and shall be verified as to its accuracy by the
oath of the president of the fair or youth show, together with
that of the secretary or manager, subscribed thereon. [1961
c 61 § 7.]
15.76.165 Application of counties for capital
improvement and maintenance assistance—Exemption of
leased property from property taxation. Any county
which owns or leases property from another governmental
agency and provides such property for area or county and
district agricultural fair purposes may apply to the director
for special assistance in carrying out necessary capital
improvements to such property and maintenance of the
appurtenances thereto, and in the event such property and
capital improvements are leased to any organization conducting an agricultural fair pursuant to chapter 15.76 RCW and
chapter 257 of the Laws of 1955, such leasehold and such
leased property shall be exempt from real and personal
property taxation. [1973 c 117 § 1; 1969 c 85 § 1.]
15.76.170 Fairs commission—Creation, terms,
compensation, powers and duties. There is hereby created
a fairs commission to consist of the director of agriculture
as ex officio member and chairman, and seven members appointed by the director to be persons who are interested in
fair activities; at least three of whom shall be from the east
side of the Cascades and three from the west side of the
Cascades and one member at large. The first appointment
shall be: Three for a one year term, two for a two year
term, and two for a three year term, and thereafter the
appointments shall be for three year terms.
Appointed members of the commission shall be compensated in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses, in accordance with RCW
43.03.050 and 43.03.060 payable on proper vouchers
submitted to and approved by the director, and payable from
that portion of the state fair fund set aside for administrative
costs under this chapter. The commission shall meet at the
call of the chairman, but at least annually. It shall be the
duty of the commission to act as an advisory committee to
the director, to assist in the preparation of the merit rating
used in determining allocations to be made to fairs, and to
perform such other duties as may be required by the director
from time to time. [1984 c 287 § 18; 1975-’76 2nd ex.s. c
34 § 21; 1975 1st ex.s. c 7 § 11; 1961 c 61 § 8.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
15.76.180 Rules and regulations. The director shall
have the power to adopt such rules and regulations as may
be necessary or appropriate to carry out the purposes of this
chapter. [1961 c 61 § 9.]
[Title 15 RCW—page 147]
Chapter 15.80
Title 15 RCW: Agriculture and Marketing
Chapter 15.80
WEIGHMASTERS
Sections
15.80.300
15.80.310
15.80.320
15.80.330
15.80.340
15.80.350
15.80.360
15.80.370
15.80.380
15.80.390
15.80.400
15.80.410
15.80.420
15.80.430
15.80.440
15.80.450
15.80.460
15.80.470
15.80.480
15.80.490
15.80.500
15.80.510
15.80.520
15.80.530
15.80.540
15.80.550
15.80.560
15.80.570
15.80.580
15.80.590
15.80.600
15.80.610
15.80.620
15.80.630
15.80.640
15.80.650
15.80.660
15.80.900
15.80.910
15.80.920
Definitions—Application.
"Department."
"Director."
"Person."
"Licensed public weighmaster."
"Weigher."
"Vehicle."
"Certified weight."
"Commodity."
"Thing."
"Retail merchant."
Director’s duty to enforce—Adoption of rules.
Highway transport of commodities sold by weight—
Weighing required—Exceptions.
Certificates of weight and invoices to be carried with loads.
Reweighing—Weighing—Variance from invoiced weight.
Weighmaster’s license—Applications—Fee—Bond.
Weighmaster’s license—Issuance—Expiration date.
Weighmaster’s license—Renewal date—Penalty fee.
Surety bond.
Weigher’s license—Employees or agents to issue weight
tickets—Application—Fee.
Weigher’s license—Issuance—Expiration date.
Duties of weighmaster.
Certification of weights—Impression seal—Fee—Annual
renewal.
Certified weight ticket—Form—Contents—Evidence.
Copies of weight tickets.
Weighmaster or weigher to determine weights—Automatic
devices.
Weighing devices to be suitable—Testing of weighing and
measuring devices.
Weighing devices—Rated capacity to exceed weight of load.
Weighing devices—Platform size to sufficiently accommodate vehicles.
Denial, suspension, or revocation of licenses—Hearing.
Hearings for denial, suspension or revocation of licenses—
Notice—Location.
Subpoenas—Oaths.
Assuming to act as weighmaster or weigher.
Falsifying weight tickets, weight or count—Unlawfully
delegating—Presealing before weighing.
Writing, etc., false ticket or certificate—Influence—Penalty.
Violations—Penalty.
Collected moneys—Deposit.
Chapter cumulative.
Effective date—1969 ex.s. c 100.
Severability—1969 ex.s. c 100.
15.80.300 Definitions—Application. Terms used in
this chapter shall have the meaning given to them in RCW
15.80.310 through 15.80.400 unless the context where used
shall clearly indicate to the contrary. [1969 ex.s. c 100 § 1.]
15.80.310 "Department." "Department" means the
department of agriculture of the state of Washington. [1969
ex.s. c 100 § 2.]
15.80.320 "Director." "Director" means the director
of the department or his duly appointed representative.
[1969 ex.s. c 100 § 3.]
15.80.330 "Person." "Person" means a natural
person, individual, or firm, partnership, corporation, company, society, or association. This term shall import either the
[Title 15 RCW—page 148]
singular or plural, as the case may be. [1969 ex.s. c 100 §
4.]
15.80.340 "Licensed public weighmaster." "Licensed public weighmaster" also referred to as weighmaster,
means any person, licensed under the provisions of this
chapter, who weighs, measures or counts any commodity or
thing and issues therefor a signed certified statement, ticket,
or memorandum of weight, measure or count accepted as the
accurate weight, or count upon which the purchase or sale of
any commodity or upon which the basic charge or payment
for services rendered is based. [1969 ex.s. c 100 § 5.]
15.80.350 "Weigher." "Weigher" means any person
who is licensed under the provisions of this chapter and who
is an agent or employee of a weighmaster and authorized by
the weighmaster to issue certified statements of weight,
measure or count. [1969 ex.s. c 100 § 6.]
15.80.360 "Vehicle." "Vehicle" means any device,
other than a railroad car, in, upon, or by which any commodity, is or may be transported or drawn. [1969 ex.s. c
100 § 7.]
15.80.370 "Certified weight." "Certified weight"
means any signed certified statement or memorandum of
weight, measure or count issued by a weighmaster or
weigher in accordance with the provisions of this chapter or
any regulation adopted thereunder. [1969 ex.s. c 100 § 8.]
15.80.380 "Commodity." "Commodity" means
anything that may be weighed, measured or counted in a
commercial transaction. [1969 ex.s. c 100 § 9.]
15.80.390 "Thing." "Thing" means anything used to
move, handle, transport or contain any commodity for which
a certified weight, measure or count is issued when such
thing is used to handle, transport, or contain a commodity.
[1969 ex.s. c 100 § 10.]
15.80.400 "Retail merchant." "Retail merchant"
means and includes any person operating from a bona fide
fixed or permanent location at which place all of the retail
business of said merchant is transacted, and whose business
is exclusively retail except for the occasional wholesaling of
small quantities of surplus commodities which have been
taken in exchange for merchandise from the producers
thereof at the bona fide fixed or permanent location. [1969
ex.s. c 100 § 11.]
15.80.410 Director’s duty to enforce—Adoption of
rules. The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to
carry out its purpose. The adoption of rules shall be subject
to the provisions of chapter 34.05 RCW (Administrative
Procedure Act), as enacted or hereafter amended, concerning
the adoption of rules. [1969 ex.s. c 100 § 12.]
15.80.420 Highway transport of commodities sold
by weight—Weighing required—Exceptions. It shall be
(2002 Ed.)
Weighmasters
a violation of this chapter to transport by highway any hay,
straw or grain which has been purchased by weight or will
be purchased by weight, unless it is weighed and a certified
weight ticket is issued thereon, by the first licensed public
weighmaster which would be encountered on the ordinary
route to the destination where the hay, straw or grain is to be
unloaded: PROVIDED, HOWEVER, That this section shall
not apply to the following:
(1) The transportation of, or sale of, hay, straw or grain
by the primary producer thereof;
(2) The transportation of hay, straw or grain by an
agriculturalist for use in his own growing, or animal or
poultry husbandry endeavors;
(3) The transportation of grain by a party who is either
a warehouseman or grain dealer and who is licensed under
the grain warehouse laws and who makes such shipment in
the course of the business for which he is so licensed;
(4) The transportation of hay, straw or grain by retail
merchants, except for the provisions of RCW 15.80.430 and
15.80.440;
(5) The transportation of grain from a warehouse
licensed under the grain warehouse laws when the
transported grain is consigned directly to a public terminal
warehouse. [1969 ex.s. c 100 § 13.]
15.80.430 Certificates of weight and invoices to be
carried with loads. Certificates of weight issued by
licensed public weighmasters and invoices for sales by a
retail merchant, if the commodity is being hauled by or for
such retail merchant, shall be carried with all loads of hay,
straw or grain when in transit. [1969 ex.s. c 100 § 14.]
15.80.440 Reweighing—Weighing—Variance from
invoiced weight. The driver of any vehicle previously
weighed by a licensed public weighmaster may be required
to reweigh the vehicle and load at the nearest scale.
The driver of any vehicle operated by or for a retail
merchant which vehicle contains hay, straw, or grain may be
required to weigh the vehicle and load at the nearest scale,
and if the weight is found to be less than the amount appearing on the invoice, a copy of which is required to be carried
on the vehicle, the director shall report the finding to the
consignee and may cause such retail merchant to be prosecuted in accordance with the provisions of this chapter.
[1969 ex.s. c 100 § 15.]
15.80.450 Weighmaster’s license—Applications—
Fee—Bond. Any person may apply to the director for a
weighmaster’s license. Such application shall be on a form
prescribed by the director and shall include:
(1) The full name of the person applying for such
license and if the applicant is a partnership, association or
corporation, the full name of each member of the partnership
or the names of the officers of the association or corporation;
(2) The principal business address of the applicant in
this state and elsewhere;
(3) The names of the persons authorized to receive and
accept service of summons and legal notice of all kinds for
the applicant;
(2002 Ed.)
15.80.420
(4) The location of any scale or scales subject to the
applicant’s control and from which certified weights will be
issued; and
(5) Such other information as the director feels necessary to carry out the purposes of this chapter.
Such annual application shall be accompanied by a
license fee of twenty dollars for each scale from which
certified weights will be issued and a bond as provided for
in RCW 15.80.480. [1969 ex.s. c 100 § 16.]
15.80.460 Weighmaster’s license—Issuance—
Expiration date. The director shall issue a license to an
applicant upon his satisfaction that the applicant has satisfied
the requirements of this chapter and the rules adopted
hereunder and that such applicant is of good moral character,
not less than eighteen years of age, and has the ability to
weigh accurately and make correct certified weight tickets.
Any license issued under this chapter shall expire annually
on a date set by rule by the director. License fees shall be
prorated where necessary to accommodate staggering of
expiration dates of a license or licenses. [1991 c 109 § 7;
1971 ex.s. c 292 § 14; 1969 ex.s. c 100 § 17.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
15.80.470 Weighmaster’s license—Renewal date—
Penalty fee. If an application for renewal of any license
provided for in this chapter is not filed prior to the expiration date, there shall be assessed and added to the renewal
fee as a penalty therefor fifty percent of said renewal fee
which shall be paid by the applicant before any renewal
license shall be issued. The penalty shall not apply if the
applicant furnishes an affidavit that he has not acted as a
weighmaster or weigher subsequent to the expiration of his
or her prior license. [1991 c 109 § 8; 1969 ex.s. c 100 §
18.]
15.80.480 Surety bond. Any applicant for a
weighmaster’s license shall execute and deliver to the
director a surety bond executed by the applicant as principal
and by a surety company qualified and authorized to do
business in this state as surety. Such bond shall be in the
sum of one thousand dollars. The bond shall be of standard
form and approved by the director as to terms and conditions. Said bond shall be conditioned that the principal will
not commit any fraudulent act and will comply with the
provisions of this chapter and the rules adopted hereunder.
Said bond shall be to the state for the benefit of every
person availing himself of the services and certifications
issued by a weighmaster, or weigher subject to his control.
The total and aggregate liability of the surety for all claims
upon the bond shall be limited to the face value of such
bond. Every bond filed with and approved by the director
shall, without the necessity of periodic renewal, remain in
force and effect until such time as the license of the licensee
is revoked for cause or otherwise canceled. All such sureties
on a bond, as provided herein, shall only be released and
discharged from all liability to the state accruing on such
bond upon compliance with the provisions of RCW
19.72.110, as enacted or hereafter amended, concerning
notice and proof of service, but this shall not operate to
relieve, release, or discharge the surety from any liability
[Title 15 RCW—page 149]
15.80.480
Title 15 RCW: Agriculture and Marketing
already accrued or which shall accrue (due and to become
due hereunder) before the expiration period provided for in
RCW 19.72.110, as enacted or hereafter amended, concerning notice and proof of service, and unless the principal shall
before the expiration of such period, file a new bond, the
director shall forthwith cancel the principal’s license. [1969
ex.s. c 100 § 19.]
seal needed shall be procured from the director upon
payment to the department of the cost for such replacement.
An impression seal shall be used only at the scale to which
it is assigned, and remains the property of the state and shall
be returned forthwith to the director upon the termination,
suspension, or revocation of the weighmaster’s license.
[1983 c 95 § 6; 1969 ex.s. c 100 § 23.]
15.80.490 Weigher’s license—Employees or agents
t o i s s u e w e i g h t t i c k e t s — A p p l i c a t i o n — F e e . Any
weighmaster may file an application with the director for a
license for any employee or agent to operate and issue
certified weight tickets from a scale which such weighmaster
is licensed to operate under the provisions of this chapter.
Such application shall be submitted on a form prescribed by
the director and shall contain the following:
(1) Name of the weighmaster;
(2) The full name of the employee or agent and his
resident address;
(3) The position held by such person with the weighmaster;
(4) The scale or scales from which such employee or
agent will issue certified weights; and
(5) Signature of the weigher and the weighmaster.
Such annual application shall be accompanied by a
license fee of five dollars. [1969 ex.s. c 100 § 20.]
15.80.530 Certified weight ticket—Form—
Contents—Evidence. The certified weight ticket shall be of
a form approved by the director and shall contain the
following information:
(1) The date of issuance;
(2) The kind of commodity weighed, measured, or
counted;
(3) The name of owner, agent, or consignee of the
commodity weighed;
(4) The name of seller, agent or consignor;
(5) The accurate weight, measure or count of the
commodity weighed, measured or counted; including the
entry of the gross, tare and/or net weight, where applicable;
(6) The identifying numerals or symbols, if any, of each
container separately weighed and the motor vehicle license
number of each vehicle separately weighed;
(7) The means by which the commodity was being
transported at the time it was weighed, measured or counted;
(8) The name of the city or town where such commodity was weighed;
(9) The complete signature of weighmaster or weigher
who weighed, measured or counted the commodity; and
(10) Such other available information as may be
necessary to distinguish or identify the commodity.
Such weight certificates when so made and properly
signed and sealed shall be prima facie evidence of the
accuracy of the weights, measures or count shown, as a
certified weight, measure or count. [1969 ex.s. c 100 § 24.]
15.80.500 Weigher’s license—Issuance—Expiration
date. Upon the director’s satisfaction that the applicant is of
good moral character, has the ability to weigh accurately and
make correct certified weight tickets and that he is an
employee or agent of the weighmaster, the director shall
issue a weigher’s license which will expire annually on a
date set by rule by the director. License fees shall be
prorated where necessary to accommodate staggering of
expiration dates of a license or licenses. [1991 c 109 § 9;
1969 ex.s. c 100 § 21.]
15.80.510 Duties of weighmaster. A licensed public
weighmaster shall: (1) Keep the scale or scales upon which
he weighs any commodity or thing, in conformity with the
standards of weights and measures; (2) carefully and correctly weigh and certify the gross, tare and net weights of
any load of any commodity or thing required to be weighed;
and (3) without charge, weigh any commodity or thing
brought to his scale by an inspector authorized by the
director, and issue a certificate of the weights thereof. [1969
ex.s. c 100 § 22.]
15.80.520 Certification of weights—Impression
seal—Fee—Annual renewal. Certification of weights shall
be made by means of an impression seal, the impress of
which shall be placed by the weighmaster or weigher making
the weight determination upon the weights shown on the
weight tickets. The impression seal shall be procured from
the director upon the payment of a fee of five dollars, and
such fee shall accompany the applicant’s application for a
weighmaster’s license. The seal shall be retained by the
weighmaster upon payment of an annual renewal fee of five
dollars, and the fee shall accompany the annual renewal
application for a weighmaster’s license. Any replacement
[Title 15 RCW—page 150]
15.80.540 Copies of weight tickets. Certified weight
tickets shall be made in triplicate, one copy to be delivered
to the person receiving the weighed commodity at the time
of delivery, which copy shall accompany the vehicle that
transports such commodity, one copy to be forwarded to the
seller by the carrier of the weighed commodity, and one
copy to be retained by the weighmaster that weighed the
vehicle transporting such commodity. The copy retained by
the weighmaster shall be kept at least for a period of one
year, and such copies and such other records as the director
shall determine necessary to carry out the purposes of this
chapter shall be made available at all reasonable business
hours for inspection by the director. [1969 ex.s. c 100 § 25.]
15.80.550 Weighmaster or weigher to determine
weights—Automatic devices. No weighmaster or weigher
shall enter a weight value on a certified weight ticket that he
has not determined and he shall not make a weight entry on
a weight ticket issued at any other location: PROVIDED,
HOWEVER, That if the director determines that an automatic weighing or measuring device can accurately and safely
issue weights in conformance with the purpose of this
chapter, he may adopt a regulation to provide for the use of
such a device for the issuance of certified weight tickets.
(2002 Ed.)
Weighmasters
The certified weight ticket shall be so prepared that it will
show the weight or weights actually determined by the
weighmaster. In any case in which only the gross, the tare
or the net weight is determined by the weighmaster he shall
strike through or otherwise cancel the printed entries for the
weights not determined or computed by him. [1969 ex.s. c
100 § 26.]
15.80.560 Weighing devices to be suitable—Testing
of weighing and measuring devices. A licensed public
weighmaster shall in making a weight determination as
provided for in this chapter, use a weighing device that is
suitable for the weighing of the type and amount of commodity being weighed. The director shall cause to be tested
for proper state standards of weight all weighing or measuring devices utilized by any licensed public weighmaster.
Certified weights shall not be issued over a device that has
been rejected or condemned for repair or use by the director
until such device has been repaired. [1969 ex.s. c 100 § 27.]
15.80.570 Weighing devices—Rated capacity to
exceed weight of load. A weighmaster shall not use a
weighing device to determine the weight of a load when the
weight of such load exceeds the manufacturer’s maximum
rated capacity for such weighing device. If upon inspection
the director declares that the maximum rated capacity of any
weighing device is less than the manufacturer’s maximum
rated capacity, the weighmaster shall not weigh a load that
exceeds the director’s declared maximum rated capacity for
such weighing device. [1969 ex.s. c 100 § 28.]
15.80.580 Weighing devices—Platform size to
sufficiently accommodate vehicles. No weighmaster shall
weigh a vehicle or combination of vehicles to determine the
weight of such vehicle or combination of vehicles unless the
weighing device has a platform of sufficient size to accommodate such vehicle or combination of vehicles fully and
completely as one entire unit. When a combination of vehicles must be broken up into separate units in order to be
weighed as prescribed, each separate unit shall be entirely
disconnected before weighing and a separate certified weight
ticket shall be issued for each separate unit. [1969 ex.s. c
100 § 29.]
15.80.590 Denial, suspension, or revocation of
licenses—Hearing. The director is hereby authorized to
deny, suspend, or revoke a license subsequent to a hearing,
if a hearing is requested, in any case in which he finds that
there has been a failure to comply with the requirements of
this chapter or rules adopted hereunder. Such hearings shall
be subject to chapter 34.05 RCW (Administrative Procedure
Act) concerning adjudicative proceedings. [1989 c 175 § 52;
1969 ex.s. c 100 § 30.]
Effective date—1989 c 175: See note following RCW 34.05.010.
15.80.600 Hearings for denial, suspension or
revocation of licenses—Notice—Location. For hearings for
revocations, suspension, or denial of a license, the director
shall give the licensee or applicant such notice as is required
under the provisions of chapter 34.05 RCW, as enacted or
(2002 Ed.)
15.80.550
hereafter amended. Such hearings shall be held in the
county where the licensee resides. [1969 ex.s. c 100 § 31.]
15.80.610 Subpoenas—Oaths. The director, for the
purposes of this chapter, may issue subpoenas to compel the
attendance of witnesses, and/or the production of books
and/or documents anywhere in the state. The party shall
have opportunity to make his defense, and may have such
subpoenas issued as he desires. Subpoenas shall be served
in the same manner as in civil cases in the superior court.
Witnesses shall testify under oath which may be administered by the director. [1969 ex.s. c 100 § 32.]
15.80.620 Assuming to act as weighmaster or
weigher. It shall be unlawful for any person not licensed
pursuant to the provisions of this chapter to:
(1) Hold himself out, in any manner, as a weighmaster
or weigher; or
(2) Issue any ticket as a certified weight ticket. [1969
ex.s. c 100 § 33.]
15.80.630 Falsifying weight tickets, weight or
count—Unlawfully delegating—Presealing before weighing. It shall be unlawful for a weighmaster or weigher to
falsify a certified weight ticket, or to cause an incorrect
weight, measure or count to be determined, or delegate his
authority to any person not licensed as a weigher, or to
preseal a weight ticket with his official seal before performing the act of weighing. [1969 ex.s. c 100 § 34.]
15.80.640 Writing, etc., false ticket or certificate—
Influence—Penalty. Any person who shall mark, stamp or
write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, and any person who influences,
or attempts to wrongfully influence any licensed public
weighmaster or weigher in the performance of his official
duties shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less
than one hundred dollars nor more than one thousand dollars,
or by imprisonment of not less than thirty days nor more
than one year in the county jail, or by both such fine and
imprisonment. [1969 ex.s. c 100 § 35.]
15.80.650 Violations—Penalty. Any person violating
any provision of this chapter, except as provided in RCW
15.80.640, or rules adopted hereunder, is guilty of a misdemeanor and upon a second or subsequent offense, shall be
guilty of a gross misdemeanor: PROVIDED, That any
offense committed more than five years after a previous
conviction shall be considered a first offense. [1969 ex.s. c
100 § 36.]
15.80.660 Collected moneys—Deposit. All moneys
collected under this chapter shall be placed in the weights
and measures account created in RCW 19.94.185. [1995 c
355 § 25.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
[Title 15 RCW—page 151]
15.80.900
Title 15 RCW: Agriculture and Marketing
15.80.900 Chapter cumulative. The provisions of
this chapter shall be cumulative and nonexclusive and shall
not affect any other remedy available at law. [1969 ex.s. c
100 § 37.]
15.80.910 Effective date—1969 ex.s. c 100. This act
shall take effect on July 1, 1969. [1969 ex.s. c 100 § 38.]
15.80.920 Severability—1969 ex.s. c 100. If any
section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the act as a whole, or any section, provision
or part thereof, not adjudged invalid or unconstitutional.
[1969 ex.s. c 100 § 39.]
Chapter 15.83
AGRICULTURAL MARKETING AND
FAIR PRACTICES
Sections
15.83.005
15.83.010
15.83.020
15.83.030
15.83.040
15.83.050
15.83.060
15.83.070
15.83.080
15.83.090
15.83.100
15.83.110
15.83.900
15.83.905
Intent.
Definitions.
Negotiating agents—Association of producers—
Accreditation.
Unlawful practices of handlers.
Unlawful practices of association of producers or members.
Violations of chapter—Complaint.
Director’s authority—Recordkeeping—Cooperation.
Injury due to unlawful practices—Damages.
Unlawful practices—Civil penalty.
Injunction.
Rules.
Advisory committee.
Short title.
Severability—1989 c 355.
15.83.005 Intent. Agricultural products are produced
by many individual farmers and ranchers located throughout
the state. The efficient production and marketing of agricultural products by farmers, ranchers, and handlers is of vital
concern to the welfare and general economy of the state. It
is the purpose of this chapter to establish standards of fair
practices required of handlers, producers, and associations of
producers, with respect to certain agricultural commodities,
to establish the mutual obligation of handlers and accredited
associations of producers to negotiate relative to the production or marketing of these agricultural commodities.
It is the intent of the legislature that a workable process
be developed through which a fair price and other contract
terms can be arrived at through negotiations between
processors of agricultural products and an accredited association of producers, and that in developing rules and administering this chapter the director of agriculture shall recognize
this intent. [1989 c 355 § 1.]
15.83.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Accredited association of producers" means an
association of producers which is accredited by the director
to be the exclusive negotiation agent for all producer
members of the association within a negotiating unit.
[Title 15 RCW—page 152]
(2) "Advance contract" means a contract for purchase
and sale of a crop entered into before the crop becomes a
growing crop and providing for delivery at or after the
harvest of that crop.
(3) "Agricultural products" as used in this chapter means
sweet corn and potatoes produced for sale from farms in this
state.
(4) "Association of producers" means any association of
producers of agricultural products engaged in marketing,
negotiating for its members, shipping, or processing as
defined in section 15(a) of the federal agriculture marketing
act of 1929 or in section 1 of 42 Stat. 388.
(5) "Director" means the director of the department of
agriculture.
(6) "Handler" means a processor or a person engaged in
the business or practice of:
(a) Acquiring agricultural products from producers or
associations of producers for use by a processor;
(b) Processing agricultural products received from
producers or associations of producers, provided that a
cooperative association owned by producers shall not be a
handler except when contracting for crops from producers
who are not members of the cooperative association;
(c) Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or
associations of producers with respect to the production or
marketing of any agricultural product for use by a processor;
or
(d) Acting as an agent or broker for a handler in the
performance of any function or act specified in (a), (b), or
(c) of this subsection.
(7) "Negotiate" means meeting at reasonable times and
for reasonable periods of time commencing at least sixty
days before the normal planting date and concluding within
thirty days of the normal planting date to make a serious,
fair, and reasonable attempt to reach agreement by acknowledging or refuting with reason points brought up by either
party with respect to the price, terms of sale, compensation
for products produced under contract, or other terms relating
to the production or sale of these products: PROVIDED,
That neither party shall be required to disclose proprietary
business or financial records or information.
(8) "Negotiating unit" means a negotiating unit approved
by the director under RCW 15.83.020.
(9) "Person" means an individual, partnership, corporation, association, or any other entity.
(10) "Processor" means any person that purchases
agricultural crops from a producer and cans, freezes, dries,
dehydrates, cooks, presses, powders, or otherwise processes
those crops in any manner for eventual resale. A person
who solely cleans, sorts, grades, and packages a farm
product for sale without altering the natural condition of the
product is not a processor. A person processing any portion
of a crop is a processor.
(11) "Producer" means a person engaged in the production of agricultural products as a farmer or planter, including
a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. A producer who is also a handler shall be considered
a handler under this chapter.
(2002 Ed.)
Agricultural Marketing and Fair Practices
15.83.010
(12) "Qualified commodity" means agricultural products
as defined in subsection (3) of this section. [1989 c 355 §
2.]
director to renew the application for accreditation by
providing the information required under subsection (1) of
this section. [1989 c 355 § 3.]
15.83.020 Negotiating agents—Association of
producers—Accreditation. (1) An association of producers
may file an application with the director:
(a) Requesting accreditation to serve as the exclusive
negotiating agent on behalf of its producer members who are
within a proposed negotiating unit with respect to any
qualified commodity;
(b) Describing geographical boundaries of the proposed
negotiating unit;
(c) Specifying the number of producers and the quantity
of products included within the proposed negotiating unit;
(d) Specifying the number and location of the producers
and the quantity of products represented by the association;
and
(e) Supplying any other information required by the
director.
(2) Within a reasonable time after receiving an application under subsection (1) of this section, the director shall
approve or disapprove the application in accordance with this
section.
(a) The director shall approve the initial application or
renewal if the director determines that:
(i) The association is owned and controlled by producers
under the charter documents or bylaws of the association;
(ii) The association has valid and binding contracts with
its members empowering the association to sell or negotiate
terms of sale of its members’ products or to negotiate for
compensation for products produced under contract by its
members;
(iii) The association represents a sufficient percentage of
producers or that its members produce a sufficient percentage of agricultural products to enable it to function as an
effective agent for producers in negotiating with a given
handler as defined in rules promulgated by the department.
In making this finding, the director shall exclude any
quantity of the agricultural products contracted by producers
with producer-owned and controlled processing cooperatives
with its members and any quantity of these products produced by handlers;
(iv) One of the association’s functions is to act as
principal or agent for its members in negotiations with
handlers for prices and other terms of trade with respect to
the production, sale, and marketing of the products of its
members, or for compensation for products produced by its
members under contract; and
(v) Accreditation would not be contrary to the policies
established in RCW 15.83.005.
(b) If the director does not approve the application
under (a) of this subsection, then the association of producers may file an amended application with the director. The
director, within a reasonable time, shall approve the amended
application if it meets the requirements set out in (a) of this
subsection.
(3) At the discretion of the director, or upon submission
of a timely filed petition by an affected handler or an
affected association of producers, the association of producers accredited under this section may be required by the
15.83.030 Unlawful practices of handlers. It shall be
unlawful for any handler to engage, or permit any employee
or agent to engage, in the following practices:
(1) To refuse to negotiate with an association of
producers accredited under RCW 15.83.020 with respect to
any qualified commodity: PROVIDED, That the obligation
to negotiate does not require either party to agree to a
proposal, to make a concession, or to enter into a contract;
(2) To coerce any producer in the exercise of his or her
right to contract with, join, refrain from contracting with or
joining, belong to an association of producers, or refuse to
deal with any producer because of the exercise of that
producer’s right to contract with, join, or belong to an
association or because of that producer’s promotion of
legislation on behalf of an association of producers;
(3) To discriminate against any producer with respect to
price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of
that producer’s membership in or contract with an association of producers or because of that producer’s promotion
of legislation on behalf of an association of producers;
(4) To coerce or intimidate any producer to enter into,
maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers
or a contract with a handler;
(5) To pay or loan money, give anything of value, or
offer any other inducement or reward to a producer for
refusing or ceasing to belong to an association of producers;
(6) To make knowingly false reports about the finances,
management, or activities of associations of producers or
handlers; or
(7) To conspire, agree, or arrange with any other person
to do, aid, or abet any act made unlawful by this chapter.
[1989 c 355 § 4.]
(2002 Ed.)
15.83.040 Unlawful practices of association of
producers or members. It shall be unlawful for any
accredited association of producers or members of such
association to engage, or permit any employee or agent to
engage, in the following practices:
(1) To refuse to negotiate with a handler for any
qualified commodity for which the association is accredited
under RCW 15.83.020;
(2) To coerce or intimidate a handler to breach, cancel,
or terminate a marketing contract with an individual producer, association of producers, or a member of an association;
(3) To knowingly make or circulate false reports about
the finances, management, or activities of an association of
producers or a handler;
(4) To coerce or intimidate a producer to enter into,
breach, cancel, or terminate a membership agreement or
marketing contract with an association of producers;
(5) To conspire, agree, or arrange with any other person
to do, aid, or abet any practice which is in violation of this
chapter; or
(6) To pay or loan money, give anything of value, or
offer any other inducement or reward to a producer for
[Title 15 RCW—page 153]
15.83.040
Title 15 RCW: Agriculture and Marketing
refusing to contract or negotiate with a processor. [1989 c
355 § 5.]
15.83.050 Violations of chapter—Complaint. (1) If
any person is charged with violating any provision of this
chapter, the director shall investigate the charges. If, upon
investigation, the director has reasonable cause to believe
that the person charged has violated the provision, the
director shall issue and cause to be served upon the person,
a complaint stating the charges. A hearing on the charges
shall be conducted in accordance with the provisions of
chapter 34.05 RCW concerning contested cases.
(2) No complaint may be issued based upon any act
occurring more than six months before the filing of the
charge with the director. At the discretion of the director,
any other person may be allowed to intervene in the proceeding and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the
director is of the opinion that any person named in the
complaint has engaged in or is engaging in any prohibited
practice, the director shall make and enter findings of fact
and shall issue and cause to be served on that person, an
order requiring that person to cease and desist from the
practice and to take affirmative action to further the policies
of this chapter. The order may also require the person to
make reports from time to time showing the extent of
compliance with the order. If, upon the preponderance of
the testimony and other evidence, the director determines
that the person named in the complaint has not engaged in
or is not engaging in any prohibited practice, the director
shall make and enter findings of fact and an order dismissing
the complaint. [1989 c 355 § 6.]
15.83.060 Director’s authority—Recordkeeping—
Cooperation. If required to carry out the objectives of this
chapter, including the conduct of any investigations or
hearing:
(1) The director shall require any person to:
(a) Establish and maintain records;
(b) Make reports; and
(c) Provide other information as may be reasonably
required.
(2) Any person subject to the provisions of this chapter
shall provide the information, records, and reports reasonably
required by the director, or make such material available to
the director for inspection and/or copying at reasonable times
and places, except that no person shall be required under this
section to provide to the director proprietary business or
financial records or information. [1989 c 355 § 7.]
15.83.070 Injury due to unlawful practices—
Damages. A person injured in his or her business or
property by reason of any violation of or conspiracy to
violate RCW 15.83.030 or 15.83.040 may sue in a court of
competent jurisdiction of the county in which such violation
occurred without respect to the amount in controversy, and
shall recover damages sustained, including reasonable
attorneys’ fees and costs of bringing the suit. Any action to
enforce any cause of action under this section shall be
forever barred unless commenced not later than two years
after the cause of action accrues. [1989 c 355 § 8.]
[Title 15 RCW—page 154]
15.83.080 Unlawful practices—Civil penalty. A
person who violates RCW 15.83.030 or 15.83.040 may be
assessed a civil penalty by the director of not more than five
thousand dollars for each offense. No civil penalty may be
assessed unless the person charged has been given notice and
opportunity for a hearing pursuant to chapter 34.05 RCW.
In determining the amount of the penalty, the director shall
consider the size of the business of the person charged, the
penalty’s affect [effect] on the person’s ability to continue in
business, and the gravity of the violation. If the director is
unable to collect the civil penalty, the director shall refer the
collection to the attorney general. [1989 c 355 § 9.]
15.83.090 Injunction. The director or any aggrieved
producer, accredited association, or handler may bring an
action to enjoin the violation of any provision of this chapter
or any regulation made pursuant to this chapter in a court of
competent jurisdiction of the county in which such violation
occurs or is about to occur. [1989 c 355 § 10.]
15.83.100 Rules. The director may promulgate such
rules in accordance with chapter 34.05 RCW, and orders, as
may be necessary to carry out this chapter. [1989 c 355 §
11.]
15.83.110 Advisory committee. The director shall
establish an advisory committee consisting of the following
persons: Six producers who are producers from names
submitted by an association of producers, and six handlers
subject to this chapter from names submitted by handlers.
The advisory committee shall study and report on all issues
related to this chapter. [1989 c 355 § 12.]
15.83.900 Short title. This chapter may be known
and cited as the agricultural marketing and fair practices act.
[1989 c 355 § 13.]
15.83.905 Severability—1989 c 355. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 355 § 14.]
Chapter 15.85
AQUACULTURE MARKETING
Sections
15.85.010
15.85.020
15.85.030
Legislative declaration.
Definitions.
Department principal agency for aquaculture marketing
support.
15.85.040 Rules.
15.85.050 Program to assist marketing and promotion of aquaculture
products.
15.85.060 Private sector cultured aquatic products—Identification—
Rules.
Aquaculture disease control: Chapter 77.115 RCW.
15.85.010 Legislative declaration. The legislature
declares that aquatic farming provides a consistent source of
(2002 Ed.)
Aquaculture Marketing
quality food, offers opportunities of new jobs, increased farm
income stability, and improves balance of trade.
The legislature finds that many areas of the state of
Washington are scientifically and biologically suitable for
aquaculture development, and therefore the legislature
encourages promotion of aquacultural activities, programs,
and development with the same status as other agricultural
activities, programs, and development within the state.
The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for
purposes of any laws that apply to or provide for the
advancement, benefit, or protection of the agriculture
industry within the state.
The legislature further finds that in order to ensure the
maximum yield and quality of cultured aquatic products, the
department of fish and wildlife should provide diagnostic
services that are workable and proven remedies to aquaculture disease problems.
It is therefore the policy of this state to encourage the
development and expansion of aquaculture within the state.
It is also the policy of this state to protect wildstock fisheries
by providing an effective disease inspection and control
program and prohibiting the release of salmon or steelhead
trout by the private sector into the public waters of the state
and the subsequent recapture of such species as in the
practice commonly known as ocean ranching. [1994 c 264
§ 4; 1985 c 457 § 1.]
Release and recapture of salmon or steelhead prohibited: RCW 77.12.459.
15.85.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Aquaculture" means the process of growing,
farming, or cultivating private sector cultured aquatic
products in marine or freshwaters and includes management
by an aquatic farmer.
(2) "Aquatic farmer" is a private sector person who
commercially farms and manages the cultivating of private
sector cultured aquatic products on the person’s own land or
on land in which the person has a present right of possession.
(3) "Private sector cultured aquatic products" are native,
nonnative, or hybrids of marine or freshwater plants and
animals that are propagated, farmed, or cultivated on aquatic
farms under the supervision and management of a private
sector aquatic farmer or that are naturally set on aquatic
farms which at the time of setting are under the active
supervision and management of a private sector aquatic
farmer. When produced under such supervision and management, private sector cultured aquatic products include, but
are not limited to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
Monostroma
Ulva
Laminaria
Nereocystis
Porphyra
Iridaea
Haliotis
green nori
awo-nori
sea lettuce
konbu
bull kelp
nori
(2002 Ed.)
abalone
Zhlamys
Hinnites
Tatinopecten
Protothaca
Tapes
Saxidomus
Mytilus
Crassostrea
Ostrea
Pacifasticus
Macrobrachium
Salmo and Salvelinus
Oncorhynchus
Ictalurus
Cyprinus
Acipenseridae
15.85.010
pink scallop
rock scallop
Japanese or weathervane
scallop
native littleneck clam
manila clam
butter clam
mussels
Pacific oysters
Olympia and European oysters
crayfish
freshwater prawn
trout, char, and Atlantic salmon
salmon
catfish
carp
Sturgeon
Private sector cultured aquatic products do not include
herring spawn on kelp and other products harvested under a
herring spawn on kelp permit issued in accordance with
*RCW 75.28.245.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture. [1989
c 176 § 3; 1985 c 457 § 2.]
*Reviser’s note: RCW 75.28.245 was recodified as RCW 75.30.270
pursuant to 1993 c 340 § 54, effective January 1, 1994. RCW 75.30.270
was subsequently recodified as RCW 77.70.210 pursuant to 2000 c 107 §
132.
15.85.030 Department principal agency for aquaculture marketing support. The department is the principal
state agency for providing state marketing support services
for the private sector aquaculture industry. [1985 c 457 § 3.]
15.85.040 Rules. The department shall adopt rules
under chapter 34.05 RCW to implement this chapter. [1985
c 457 § 7.]
15.85.050 Program to assist marketing and promotion of aquaculture products. The department shall
exercise its authorities, including those provided by chapters
15.64, 15.65, 15.66, and 43.23 RCW, to develop a program
for assisting the state’s aquaculture industry to market and
promote the use of its products. [1989 c 11 § 2; 1985 c 457
§ 4.]
Severability—1989 c 11: See note following RCW 9A.56.220.
15.85.060 Private sector cultured aquatic products—Identification—Rules. The director shall establish
identification requirements for private sector cultured aquatic
products to the extent that identifying the source and
quantity of the products is necessary to permit the department of fish and wildlife to administer and enforce Titles
*75 and 77 RCW effectively. The rules shall apply only to
those private sector cultured aquatic products the transportation, sale, processing, or other possession of which
would otherwise be required to be licensed under Title *75
or 77 RCW if they were not cultivated by aquatic farmers.
The rules shall apply to the transportation or possession of
such products on land other than aquatic lands and may
require that they be: (1) Placed in labeled containers or
[Title 15 RCW—page 155]
15.85.060
Title 15 RCW: Agriculture and Marketing
accompanied by bills of lading or sale or similar documents
identifying the name and address of the producer of the
products and the quantity of the products governed by the
documents; or (2) both labeled and accompanied by such
documents.
The director shall consult with the director of fish and
wildlife to ensure that such rules enable the department of
fish and wildlife to enforce the programs administered under
those titles. If rules adopted under chapter 69.30 RCW
satisfy the identification required under this section for
shellfish, the director shall not establish different shellfish
identification requirements under this section. [1994 c 264
§ 5; 1988 c 36 § 6; 1985 c 457 § 5.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
Chapter 15.86
ORGANIC FOOD PRODUCTS
Sections
15.86.010
15.86.020
15.86.030
15.86.060
15.86.065
15.86.070
15.86.090
15.86.110
Kosher food
Purpose.
Definitions.
Marketing of organic products—Standards—Restrictions.
Rules—National organic program—Violations—Penalties.
State organic program—Authority of department—Rules.
Rules—Certification program—Fees.
Mandatory certification—Exceptions.
Confidentiality of business related information.
products: Chapter 69.90 RCW.
15.86.010 Purpose. The legislature recognizes a
public benefit in:
(1) Establishing standards governing the labeling and
advertising of food products and agricultural commodities as
organically produced;
(2) Providing certification under the federal organic food
production act of 1990, 7 U.S.C. Sec. 6501 et seq., and the
rules adopted thereunder for agricultural products marketed
and labeled using the term "organic" or a derivative of the
term "organic;"
(3) Providing access for Washington producers, processors, and handlers to domestic and international markets for
organic food products; and
(4) Establishing a state organic program under the
federal organic food production act of 1990, 7 U.S.C. Sec.
6501 et seq., and the rules adopted thereunder. [2002 c 220
§ 1; 1992 c 71 § 1; 1985 c 247 § 1.]
15.86.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Director" means the director of the department of
agriculture or the director’s designee.
(2) "Organic food" means any agricultural product, in
whole or in part, including meat, dairy, and beverage, that is
marketed using the term organic or any derivative of organic
and that is produced, handled, and processed in accordance
with this chapter.
(3) "Producer" means any person or organization who
or which grows, raises, or produces an agricultural product.
[Title 15 RCW—page 156]
(4) "Handler" means any person who sells, distributes,
or packs organic or transitional products.
(5) "Transitional food" means any food product that
satisfies all of the requirements of organic food except the
time requirements as defined in rule.
(6) "Organic certifying agent" means any third-party
certification organization that is recognized by the director
as being one which imposes, for certification, standards
consistent with this chapter.
(7) "Processor" means any person engaged in the
canning, freezing, drying, dehydrating, cooking, pressing,
powdering, packaging, baking, heating, mixing, grinding,
churning, separating, extracting, cutting, fermenting, eviscerating, preserving, jarring, or otherwise processing organic
food.
(8) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation,
and any member, officer, or employee thereof or assignee
for the benefit of creditors.
(9) "Department" means the state department of agriculture.
(10) "Represent" means to hold out as or to advertise.
(11) "Sale" means selling, offering for sale, holding for
sale, preparing for sale, trading, bartering, offering a gift as
an inducement for sale of, and advertising for sale in any
media. [2002 c 220 § 2; 1992 c 71 § 2; 1989 c 354 § 32;
1985 c 247 § 2.]
Severability—1989 c 354: See note following RCW 15.36.012.
15.86.030 Marketing of organic products—
Standards—Restrictions. To be labeled, sold, or represented as an organic food, a product shall be produced under
standards established under RCW 15.86.060. A producer,
processor, or handler shall not represent, sell, or offer for
sale any food product with the representation that the
product is an organic food if the producer, processor, or
handler knows, or has reason to know, that the food has not
been produced, processed, or handled in accordance with
standards established under RCW 15.86.060. [2002 c 220 §
3; 1992 c 71 § 3; 1989 c 354 § 30; 1985 c 247 § 3.]
Effective date—1989 c 354 § 30: "Section 30 of this act shall take
effect on January 1, 1991." [1989 c 354 § 87.]
Severability—1989 c 354: See note following RCW 15.36.012.
Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020: RCW
19.86.023.
15.86.060 Rules—National organic program—
Violations—Penalties. (1) The director shall adopt rules, in
conformity with chapter 34.05 RCW, as the director believes
are appropriate for the adoption of the national organic
program under the federal organic food production act of
1990, 7 U.S.C. Sec. 6501 et seq., and the rules adopted
thereunder and for the proper administration of this chapter.
(2) The director shall issue orders to producers, processors, or handlers whom he or she finds are violating any
provision of this chapter, or rules or regulations adopted
under this chapter, to cease their violations and desist from
future violations. Whenever the director finds that a
producer, processor, or handler has committed a violation,
the director shall impose on and collect from the violator a
civil fine not exceeding the total of the following amounts:
(2002 Ed.)
Organic Food Products
(a) The state’s estimated costs of investigating and taking
appropriate administrative and enforcement actions in respect
to the violation; and (b) one thousand dollars.
(3) The director may deny, suspend, or revoke a
certification provided for in this chapter if he or she determines that an applicant or certified person has violated this
chapter or rules adopted under it. [2002 c 220 § 4; 1992 c
71 § 7; 1985 c 247 § 6.]
15.86.065 State organic program—Authority of
department—Rules. The department is authorized to take
such actions, conduct proceedings, and enter orders as
permitted or contemplated for a state organic program under
the federal organic food production act of 1990, 7 U.S.C.
Sec. 6501 et seq., and the rules adopted thereunder. The
state organic program shall not be inconsistent with the
requirements of 7 U.S.C. Sec. 6501 et seq. and the rules
adopted thereunder, including 7 C.F.R. Sec. 205.668. The
department shall adopt rules necessary to implement this
section. [2002 c 220 § 7.]
15.86.070 Rules—Certification program—Fees. (1)
The director may adopt rules establishing a program for
certifying producers, processors, and handlers as meeting
state, national, or international standards for organic or
transitional food. The rules may govern, but are not limited
to governing: The number and scheduling of on-site visits,
both announced and unannounced, by certification personnel;
recordkeeping requirements; and the submission of product
samples for chemical analysis. The rules shall include a fee
schedule that will provide for the recovery of the full cost of
the organic food program. Fees collected under this section
shall be deposited in an account within the agricultural local
fund and the revenue from such fees shall be used solely for
carrying out the provisions of this section, and no appropriation is required for disbursement from the fund. The
director may employ such personnel as are necessary to
carry out the provisions of this section.
(2) The fees established under this section may be
increased in excess of the fiscal growth factor as provided in
RCW 43.135.055 for the fiscal year ending June 30, 2003.
[2002 c 220 § 5; 1997 c 303 § 4; 1992 c 71 § 10; 1989 c
354 § 34; 1987 c 393 § 12.]
Findings—1997 c 303: See note following RCW 43.135.055.
Severability—1989 c 354: See note following RCW 15.36.012.
15.86.090 Mandatory certification—Exceptions. (1)
It is unlawful for any person to sell, offer for sale, or
process any agricultural product within this state with an
organic label unless that person is certified under this chapter
by the department or a recognized organic certifying agent.
(2) Subsection (1) of this section shall not apply to:
(a) Final retailers of organic food that do not process
organic food products; or
(b) Producers who sell no more than five thousand
dollars annually in value of agricultural products directly to
consumers. [2002 c 220 § 6; 1992 c 71 § 8.]
Captions not law—1992 c 71: "Captions as used in sections 6, 8, 9,
and 13 of this act do not constitute part of the law." [1992 c 71 § 13.]
(2002 Ed.)
15.86.060
15.86.110 Confidentiality of business related
information. (1) Except as provided in subsection (2) of
this section, the department shall keep confidential any business related information obtained under this chapter concerning an entity certified under this chapter or an applicant for
such certification and such information shall be exempt from
public inspection and copying under chapter 42.17 RCW.
(2) Applications for certification under this chapter and
laboratory analyses pertaining to that certification shall be
available for public inspection and copying. [1992 c 71 §
11.]
Chapter 15.88
WINE COMMISSION
Sections
15.88.010
15.88.020
15.88.025
15.88.030
15.88.040
15.88.050
15.88.060
15.88.070
15.88.080
15.88.090
15.88.100
15.88.110
15.88.120
15.88.130
15.88.140
15.88.150
15.88.160
15.88.170
15.88.180
15.88.900
15.88.901
15.88.902
Legislative declaration.
Definitions.
Regulating wine grapes and wine—Existing comprehensive
scheme—Applicable laws.
Wine commission created—Composition.
Designation of commission members—Terms.
Appointment of members—Travel expenses.
Enforcement of commission obligations against commission
assets—Liability of commission members and employees.
Commission powers and duties.
Research, promotional, and educational campaign.
Campaign goals.
Commission members’ votes weighted—Composition of
commission if assessment not effective July 1, 1989—
Votes.
Assessments on wine producers and growers to fund commission.
List of growers of vinifera grapes—Reporting system.
Annual assessment on harvested vinifera grapes—Approval
by referendum—Rules.
Referendum determining grower participation—Effect.
Deposit of moneys.
Assessment constitutes debt—Penalty for nonpayment—
Civil action.
Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
Funding staff support—Rules.
Construction—1987 c 452.
Effective dates—1987 c 452.
Severability—1987 c 452.
15.88.010 Legislative declaration. The legislature
declares that:
(1) Marketing is a dynamic and changing part of
Washington agriculture and a vital element in expanding the
state economy.
(2) The sale in the state and export to other states and
abroad of wine made in the state contribute substantial
benefits to the economy of the state, provide a large number
of jobs and sizeable tax revenues, and have an important
stabilizing effect on prices received by agricultural producers. Development of exports of these commodities abroad
will contribute favorably to the balance of trade of the
United States and of the state. The sale and export are
therefore affected with the public interest.
(3) The production of wine grapes in the state is a new
and important segment of Washington agriculture which has
potential for greater contribution to the economy of the state
if it undergoes healthy development.
[Title 15 RCW—page 157]
15.88.010
Title 15 RCW: Agriculture and Marketing
(4) The general welfare of the people of the state will
be served by healthy development of the activities of
growing and processing wine grapes, which development
will improve the tax bases of local communities in which
agricultural land and processing facilities are located, and
obviate the need for state and federal funding of local
services. The industries are therefore affected with the
public interest.
(5) Creation of a commission for the public purpose of
administering the revenue of the commission under RCW
66.24.210(3) for the enhancement of production of wine
grapes and wine and the marketing of Washington wine will
materially advance the industries of growing and processing
wine grapes and thereby the interests of the citizens of the
state. [1987 c 452 § 1.]
15.88.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commission" means the Washington wine commission.
(2) "Director" means the director of agriculture or the
director’s duly appointed representative.
(3) "Department" means the department of agriculture.
(4) "Person" includes any individual, firm, corporation,
trust, association, partnership, society, or any other organization of individuals.
(5) "Grower" means a person who has at least five acres
in production of vinifera grapes.
(6) "Growers’ association" means a nonprofit association
of Washington producers of vinifera grapes, whether or not
incorporated, which the director finds to comprise the
interested persons affected by appointment of members of
the commission or, if the director finds that no such association exists, a group of growers of vinifera grapes within the
state identified by the director as fairly representing growers
of vinifera grapes within the state.
(7) "Vinifera grapes" means the agricultural product
commonly known as VITIS VINIFERA and those hybrid of
VITIS VINIFERA which have predominantly the character
of VITIS VINIFERA.
(8) "Producer" means any person or other entity which
grows within the state vinifera grapes or any person or other
entity licensed under Title 66 RCW to produce within the
state wine made predominantly from vinifera grapes.
(9) "Wine producer" means any person or other entity
licensed under Title 66 RCW to produce within the state
wine from vinifera grapes.
(10) "Eastern Washington" means that portion of the
state lying east of the Cascade mountain range.
(11) "Western Washington" means that portion of the
state lying west of the Cascade mountain range.
(12) "Wine" for the purposes of this section shall be as
defined in RCW 66.04.010.
(13) "Wine institute" means a nonprofit association of
Washington wine producers, whether or not incorporated,
which the director finds to comprise interested persons
affected by appointment of members of the commission or,
if the director finds that no such association exists, a group
composed of all such producers identified as actively
engaged in the production of wine within the state.
[Title 15 RCW—page 158]
(14) "Handler" means any Washington winery, or
processor, juicer, grape broker, agent, or person buying or
receiving vinifera grapes to be passed on or exported either
as grapes, juice, or wine. [1988 c 257 § 6; 1987 c 452 § 2.]
15.88.025 Regulating wine grapes and wine—
Existing comprehensive scheme—Applicable laws. The
history, economy, culture, and future of Washington state’s
agriculture involves the wine industry. In order to develop
and promote wine grapes and wine as part of an existing
comprehensive scheme to regulate those products the legislature declares:
(1) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
wine grapes and wine be properly promoted by (a) enabling
the wine industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered marketing of wine
grapes and wines they produce; and (b) working to stabilize
the wine industry by increasing markets for wine grapes and
wine within the state, the nation, and internationally;
(2) That wine grape growers and wine producers operate
within a regulatory environment that imposes burdens on
them for the benefit of society and the citizens of the state
and includes restrictions on marketing autonomy. Those
restrictions may impair the wine grape growers’ and wine
producers’ ability to compete in local, domestic, and foreign
markets;
(3) That it is in the overriding public interest that
support for the wine industry be clearly expressed; that
adequate protection be given to agricultural commodities,
uses, activities, and operations; and that wine grapes and
wine be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of wine grapes and wine
in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of wine grapes and wine;
(d) Increase the knowledge of the qualities and value of
Washington’s wine grapes and wine; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of wine grapes and wine;
(4) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state; and
(5) That the production and marketing of wine grapes
and wine is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the wine grape and wine industry
include:
(a) Organic food products act under chapter 15.86
RCW;
(b) Horticultural pests and diseases under chapter 15.08
RCW;
(c) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(2002 Ed.)
Wine Commission
(d) Planting stock under chapter 15.14 RCW;
(e) Washington pesticide control act under chapter 15.58
RCW;
(f) Insect pests and plant diseases under chapter 17.24
RCW;
(g) Wholesale distributors and suppliers of wine and
malt beverages under chapter 19.126 RCW;
(h) Weights and measures under chapter 19.94 RCW;
(i) Title 66 RCW, alcoholic beverage control;
(j) Title 69 RCW, food, drugs, cosmetics, and poisons
including provisions of 21 C.F.R. relating to the general
manufacturing practices, food labeling, food standards, food
additives, and pesticide tolerances;
(k) Chapter 69.07 RCW, Washington food processing
act;
(l) 27 U.S.C., Secs. 201 through 211, 213 through 219a,
and 122A;
(m) 27 C.F.R., Parts 1, 6, 9, 10, 12, 16, 240, 251, 252;
and
(n) Rules under Titles 16 and 314 WAC, and rules
adopted under chapter 15.88 RCW. [2002 c 313 § 110.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.030 Wine commission created—Composition.
(1) There is created an agricultural commodity commission
to be known and designated as the Washington wine commission. Except as provided in RCW 15.88.100(2), the
commission shall be composed of eleven voting members;
five voting members shall be growers, five voting members
shall be wine producers, and one voting member shall be a
wine distributor licensed under RCW 66.24.200. Of the
grower members, at least one shall be a person who does not
have over fifty acres of vinifera grapes in production, at least
one shall be a person who has over one hundred acres of
vinifera grapes in production, and two may be persons who
produce and sell their own wine. Of the wine producer
members, at least one shall be a person producing not more
than twenty-five thousand gallons of wine annually, at least
one shall be a person producing over one million gallons of
wine annually, and at least two shall be persons who produce
wine from their own grapes. In addition, at least one
member shall be a wine producer located in western Washington and at least two members shall be wine producers
located in eastern Washington.
(2) In addition to the voting members identified in
subsection (1) of this section, the commission shall have one
nonvoting member who is a wine producer in this state
whose principal wine or wines are produced from fruit other
than vinifera grapes. The director of agriculture, or the
director’s designee, shall serve as an ex officio, nonvoting
member.
(3) Except as provided in RCW 15.88.100(2), seven
voting members of the commission constitute a quorum for
the transaction of any business of the commission.
(4) Each voting member of the commission shall be a
citizen and resident of this state and over the age of twentyone years. Each voting member, except the member holding
position eleven, must be or must have been engaged in that
phase of the grower or wine producer industry that he or she
is appointed to represent, and must during his or her term of
office derive a substantial portion of income therefrom, or
(2002 Ed.)
15.88.025
have a substantial investment in the growing of vinifera
grapes or the production of wine from vinifera grapes as an
owner, lessee, partner, or a stockholder owning at least ten
percent of the voting stock in a corporation engaged in the
growing of vinifera grapes or wine production from vinifera
grapes; or the manager or executive officer of such a
corporation. These qualifications apply throughout each
member’s term of office. [1997 c 321 § 40; 1988 c 254 §
12; 1987 c 452 § 3.]
Effective date—1997 c 321: See note following RCW 66.24.010.
15.88.040 Designation of commission members—
Terms. The appointive voting positions on the commission
shall be designated as follows: The wine producers shall be
designated positions one, two, three, four, and five; the
growers shall be designated positions six, seven, eight, nine,
and ten; and the wine wholesaler shall be position eleven.
The nonvoting industry member shall be designated position
number twelve. The member designated as filling position
one shall be a person producing over one million gallons of
wine annually. The member designated as position one shall
be the sole representative, directly or indirectly, of the
producer eligible to hold position one and in no event shall
that producer directly or indirectly control more than fifty
percent of the votes of the commission.
Except as provided in RCW 15.88.100(2), the regular
terms of office shall be three years from the date of appointment and until their successors are appointed. However, the
first terms of the members appointed upon July 1, 1987,
shall be as follows: Positions one, six, and eleven shall
terminate July 1, 1990; positions two, four, seven, and nine
shall terminate July 1, 1989; and positions three, five, eight,
and ten shall terminate July 1, 1988. The term of the initial
nonvoting industry member shall terminate July 1, 1990.
[1988 c 254 § 13; 1987 c 452 § 4.]
15.88.050 Appointment of members—Travel
expenses. The director shall appoint the members of the
commission. In making such appointments of the voting
members, the director shall take into consideration recommendations made by the growers’ association and the wine
institute as the persons recommended for appointment as
members of the commission. In appointing persons to the
commission, the director shall seek to ensure as nearly as
possible a balanced representation on the commission which
would reflect the composition of the growers and wine
producers throughout the state as to number of acres cultivated and amount of wine produced.
The appointment shall be carried out immediately
subsequent to July 1, 1987, and members so appointed as set
forth in this chapter shall serve for the periods set forth for
the original members of the commission under RCW
15.88.040.
In the event a position on the commission becomes
vacant due to resignation, disqualification, death, or for any
other reason, the unexpired term of the position shall
immediately be filled by appointment by the director.
Each member or employee of the commission shall be
reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement
[Title 15 RCW—page 159]
15.88.050
Title 15 RCW: Agriculture and Marketing
for travel expenses shall be at the rates allowed by RCW
43.03.050 and 43.03.060. [2002 c 313 § 111; 1987 c 452 §
5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.060 Enforcement of commission obligations
against commission assets—Liability of commission
members and employees. Obligations incurred by the
commission and liabilities or claims against the commission
shall be enforced only against the assets of the commission
in the same manner as if it were a corporation and no
liability for the debts or actions of the commission shall exist
against either the state of Washington or any subdivision or
instrumentality thereof or against any member, officer,
employee, or agent of the commission in his or her individual capacity. The members of the commission, including
employees of the commission, shall not be held responsible
individually or any way whatsoever to any person for errors
in judgment, mistakes, or other acts, either of commission or
omission, as principal, agent, person, or employees, except
for their own individual acts of dishonesty or crime. No
such person or employee shall be held responsible individually for any act or omission of any other members of the
commission. [1987 c 452 § 6.]
15.88.070 Commission powers and duties. The
powers and duties of the commission include:
(1) To elect a chairman and such officers as the commission deems advisable. The officers shall include a
treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of
whose duties shall be guaranteed by a bond at the sole
expense of the commission. The commission shall adopt
rules for its own governance, which shall provide for the
holding of an annual meeting for the election of officers and
transaction of other business and for such other meetings as
the commission may direct;
(2) To do all things reasonably necessary to effect the
purposes of this chapter. However, the commission shall
have no legislative power;
(3) At the pleasure of the commission, to employ and
discharge managers, secretaries, agents, attorneys, and
employees and to engage the services of independent
contractors as the commission deems necessary, to prescribe
their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for
promotional purposes;
(5) To engage directly or indirectly in the promotion of
Washington wine, including without limitation the acquisition in any lawful manner and the dissemination without
charge of wine, which dissemination shall not be deemed a
sale for any purpose and in which dissemination the commission shall not be deemed a wine producer, supplier, or
manufacturer of any kind or the clerk, servant, or agent of
a producer, supplier, or manufacturer of any kind. Such
dissemination shall be for agricultural development or trade
promotion, which may include promotional hosting and shall
in the good faith judgment of the commission be in aid of
the marketing, advertising, or sale of wine, or of research
related to such marketing, advertising, or sale;
[Title 15 RCW—page 160]
(6) To acquire and transfer personal and real property,
establish offices, incur expense, enter into contracts (including contracts for creation and printing of promotional
literature, which contracts shall not be subject to chapter
43.78 RCW, but which shall be cancelable by the commission unless performed under conditions of employment
which substantially conform to the laws of this state and the
rules of the department of labor and industries). The
commission may create such debt and other liabilities as may
be reasonable for proper discharge of its duties under this
chapter;
(7) To maintain such account or accounts with one or
more qualified public depositaries as the commission may
direct, to cause moneys to be deposited therein, and to
expend moneys for purposes authorized by this chapter by
drafts made by the commission upon such institutions or by
other means;
(8) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate
records of all receipts, disbursements, and other financial
transactions, available for audit by the state auditor;
(9) To create and maintain a list of producers and to
disseminate information among and solicit the opinions of
producers with respect to the discharge of the duties of the
commission, directly or by arrangement with trade associations or other instrumentalities;
(10) To employ, designate as agent, act in concert with,
and enter into contracts with any person, council, commission or other entity for the purpose of promoting the general
welfare of the vinifera grape industry and particularly for the
purpose of assisting in the sale and distribution of Washington wine in domestic and foreign commerce, expending
moneys as it may deem necessary or advisable for such
purpose and for the purpose of paying its proportionate share
of the cost of any program providing direct or indirect
assistance to the sale and distribution of Washington wine in
domestic or foreign commerce, employing and paying for
vendors of professional services of all kinds; and
(11) To sue and be sued as a commission, without
individual liability for acts of the commission within the
scope of the powers conferred upon it by this chapter. [1987
c 452 § 7.]
15.88.080 Research, promotional, and educational
campaign. The commission shall create, provide for, and
conduct a comprehensive and extensive research, promotional, and educational campaign as crop, sales, and market
conditions reasonably require. It shall investigate and
ascertain the needs of producers, conditions of markets, and
degree of public awareness of products, and take into
account the information adduced thereby in the discharge of
its duties under this chapter. [1987 c 452 § 8.]
15.88.090 Campaign goals. The commission shall
adopt as major objectives of its research, promotional, and
educational campaign such goals as will serve the needs of
producers, which may include, without limitation, efforts to:
(1) Establish Washington wine as a major factor in
markets everywhere;
(2) Promote Washington wineries as tourist attractions;
(2002 Ed.)
Wine Commission
(3) Encourage favorable reporting of Washington wine
and wineries in the press throughout the world;
(4) Establish the state in markets everywhere as a major
source of premium wine;
(5) Encourage favorable legislative and regulatory
treatment of Washington wine in markets everywhere;
(6) Foster economic conditions favorable to investment
in the production of vinifera grapes and Washington wine;
(7) Advance knowledge and practice of production of
wine grapes in this state;
(8) Discover and develop new and improved vines for
the reliable and economical production of wine grapes in the
state; and
(9) Advance knowledge and practice of the processing
of wine grapes in the state. [1987 c 452 § 9.]
15.88.100 Commission members’ votes weighted—
Composition of commission if assessment not effective
July 1, 1989—Votes. (1) Except as provided in subsections
(2) and (3) of this section, the vote of each of the voting
members of the commission shall be weighted as provided
by this subsection for the transaction of any of the business
of the commission. The total voting strength of the entire
voting membership of the commission shall be eleven votes.
The vote of position one shall be equal to the lesser of the
following: Five and one-half votes; or eleven votes times
the percentage of the wine produced in the state that is produced by the person filling position one. The percentage
shall be based upon the amount of wine produced in the
previous calendar year and shall be rounded to the nearest
ten percent. The remaining votes of the membership of the
commission shall be divided equally among the remaining
members of the commission.
(2) In the event the assessment described in RCW
66.24.215(1)(b) is not effective on July 1, 1989, the positions
designated for growers cease to exist. In such an event, the
commission shall be composed of six voting members and
two nonvoting members. The nonvoting industry member
shall be position seven. Four voting members of the
commission constitute a quorum for the modified commission. Of the six votes of the entire voting membership of
the modified commission, the vote of position one shall be
the lesser of the following: Three votes; or six votes times
the percentage of the wine produced in the state that is
produced by the person filling position one. The percentage
shall be based upon the amount of wine produced in the
previous calendar year and shall be rounded to the nearest
ten percent. The remaining votes of the membership of the
commission shall be divided equally among the remaining
members of the commission.
(3) In the event that the percentage of wine produced by
the producer represented by position one falls below twentyfive percent of the wine produced in this state, the weighted
voting mechanism provided for in subsections (1) and (2) of
this section shall cease to be effective. In that case, the
voting shall be based on one vote per position. [1988 c 254
§ 14; 1987 c 452 § 10.]
Effective date—1988 c 254 § 14: "Section 14 of this act shall take
effect July 1, 1989." [1988 c 254 § 15.]
(2002 Ed.)
15.88.090
15.88.110 Assessments on wine producers and
growers to fund commission. See RCW 66.24.215.
15.88.120 List of growers of vinifera grapes—
Reporting system. (1) The commission shall cause a list to
be prepared of all Washington growers from any information
available from the department, growers’ association, or wine
producers. This list shall contain the names and addresses
of all persons who grow vinifera grapes for sale or use by
wine producers within this state and the amount (by tonnage)
of vinifera grapes produced during the period designated by
the commission. A qualified person may, at any time, have
his or her name placed upon the list by delivering or mailing
the information to the commission. This list shall be
corrected and brought up to date in accordance with evidence and information available to the commission on or
before December 31st of each year. For all purposes of
giving notice and holding referendums, the list on hand,
corrected up to the day next preceding the date for issuing
notices or ballots as the case may be, is, for purposes of this
chapter, deemed to be the list of all growers entitled to
notice or to assent or dissent or to vote.
(2) The commission shall develop a reporting system to
document that the vinifera grape growers in this state are
reporting quantities of vinifera grapes grown and subject to
the assessment as provided in RCW 15.88.130. [1988 c 257
§ 1.]
15.88.130 Annual assessment on harvested vinifera
grapes—Approval by referendum—Rules. (1) Pursuant to
approval by referendum in accordance with RCW 15.88.140,
commencing on July 1, 1989, there shall be levied, and the
commission shall collect, upon all vinifera grapes grown
within this state an annual assessment of three dollars per
ton of vinifera grapes harvested to be paid by the grower of
the grapes.
(2) The commission shall recommend rules to the
director prescribing the time, place, and method for payment
and collection of this assessment. For such purpose, the
commission may recommend that the director, by rule,
require the wine producers or handlers within this state to
collect the grower assessments from growers whose vinifera
grapes they purchase or accept delivery and remit the assessments to the commission, and provide for collecting
assessments from growers who ship directly out of state.
(3) After considering any recommendations made under
subsection (2) of this section, the director shall adopt rules,
in accordance with chapter 34.05 RCW, prescribing the time,
place, and method for the payment and collection of the assessment levied under this section and approved under RCW
15.88.140. [1988 c 257 § 2.]
15.88.140 Referendum determining grower participation—Effect. (1) For purposes of determining grower
participation in the commission and assessment under RCW
15.88.130, the director shall conduct a referendum among all
vinifera grape growers within the state. The requirements of
assent or approval of the referendum will be held to be
complied with if: (a) At least fifty-one percent by numbers
of growers replying in the referendum vote affirmatively or
at least fifty-one percent by acreage of those growers
[Title 15 RCW—page 161]
15.88.140
Title 15 RCW: Agriculture and Marketing
replying in the referendum vote affirmatively; and (b) thirty
percent of all vinifera grape growers and thirty percent by
acreage have been represented in the referendum to determine assent or approval of participation and assessment.
The referendum shall be conducted on or before September
15, 1988.
(2) If the director determines that the requisite assent
has been given, the director shall direct the commission to
put into force the assessment in RCW 15.88.130.
(3) If the director determines that the requisite assent
has not been given, the director shall direct the commission
not to levy the assessment provided in RCW 15.88.130. If
the requisite assent has not been given, the commission shall
not continue to specifically foster the interests of vinifera
grape growers. [1988 c 257 § 3.]
15.88.150 Deposit of moneys. The commission shall
deposit moneys collected under RCW 15.88.130 in a
separate account in the name of the commission in any bank
that is a state depositary. All expenditures and disbursements made from this account under this chapter may be
made without the necessity of a specific legislative appropriation. None of the provisions of RCW 43.01.050 apply to
this account or to the moneys received, collected, or expended as provided in RCW 15.88.120 through 15.88.160. [1988
c 257 § 4.]
15.88.160 Assessment constitutes debt—Penalty for
nonpayment—Civil action. A due and payable assessment
levied in such specified amount as determined by the
commission under RCW 15.88.130 constitutes a personal
debt of every person so assessed or who otherwise owes the
assessment, and the assessment is due and payable to the
commission when payment is called for by the commission.
If a person fails to pay the commission the full amount of
the assessment by the date due, the commission may add to
the unpaid assessment an amount not exceeding ten percent
of the assessment to defray the cost of enforcing its collection. If the person fails to pay any such due and payable
assessment or other such sum, the commission may bring a
civil action for collection against the person or persons in a
court of competent jurisdiction. The action shall be tried and
judgment rendered as in any other cause of action for a debt
due and payable. [1988 c 257 § 5.]
15.88.170 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Under RCW 42.17.31907, certain agricultural
business records, commission records, and department of
agriculture records relating to the commission and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the
[Title 15 RCW—page 162]
statements do not identify the information furnished by any
person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement of the manner of the violation by that person. [2002
c 313 § 70.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.180 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 76.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.900 Construction—1987 c 452. This act shall
be liberally construed to effectuate its purposes. [1987 c 452
§ 19.]
15.88.901 Effective dates—1987 c 452. (1) Sections
1 through 9 and 11 through 20 of this act are necessary for
the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing
public institutions, and shall take effect July 1, 1987.
(2) Section 10 of this act shall take effect July 1, 1989.
[1987 c 452 § 21.]
15.88.902 Severability—1987 c 452. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 452 § 20.]
Chapter 15.92
CENTER FOR SUSTAINING AGRICULTURE AND
NATURAL RESOURCES
Sections
15.92.005
15.92.010
15.92.020
15.92.030
15.92.040
15.92.050
15.92.060
15.92.070
15.92.080
15.92.090
15.92.095
15.92.100
15.92.105
15.92.110
Finding.
Definitions.
Center established.
Primary activities—Cooperative with University of Washington.
Administrator.
Food and environmental quality laboratory.
Laboratory responsibilities.
Board to advise laboratory.
Annual report—Acceptable risk of human and environmental exposure.
Commission on pesticide registration—Established—
Composition—Duration of membership—Compensation.
Commission on pesticide registration—State appropriations—Restrictions on use of state money—Commission
approval required.
Commission on pesticide registration—Duties.
Commission on pesticide registration—Report on activities—Review by legislature.
Commission on pesticide registration—Receipt of gifts,
grants, and endowments.
(2002 Ed.)
Center for Sustaining Agriculture and Natural Resources
15.92.005 Finding. The legislature finds that public
concerns are increasing about the need for significant efforts
to develop sustainable systems in agriculture. The sustainable systems would address many anxieties, including the
erosion of agricultural lands, the protection and wise utilization of natural resources, and the safety of food production.
Consumers have demonstrated their apprehension in the
marketplace by refusing to purchase products whose safety
is suspect and consumer confidence is essential for a viable
agriculture in Washington. Examples of surface and ground
water contamination by pesticides and chemical fertilizers
raise concerns about deterioration of environmental quality.
Reducing soil erosion would maintain water quality and
protect the long-term viability of the soil for agricultural
productivity. Both farmers and farm labor are apprehensive
about the effects of pesticides on their health and personal
safety. Development of sustainable farming systems would
strengthen the economic viability of Washington’s agricultural production industry.
Public anxieties over the use of chemicals in agriculture
have resulted in congress amending the federal insecticide,
fungicide and rodenticide act which requires all pesticides
and their uses registered before November 1984 to be
reregistered, complying with present standards, by the end of
1997. The legislature finds that the pesticide reregistration
process and approval requirements could reduce the availability of chemical pesticides for use on minor crops in
Washington and may jeopardize the farmers’ ability to grow
these crops in Washington.
The legislature recognizes that Washington State
University supports research and extension programs that can
lead to reductions in pesticide use where viable alternatives
are both environmentally and economically sound. Yet, the
legislature finds that a focused and coordinated program is
needed to develop possible alternatives, increase public
confidence in the safety of the food system, and educate
farmers and natural resource managers on land stewardship.
The legislature further finds that growers, processors,
and agribusiness depend upon pesticide laboratories associated with manufacturers, regional universities, state departments of agriculture, and the United States department of
agriculture to provide residue data for registering essential
pesticides. The registration of uses for minor crops, which
include vegetables, fruits, nuts, berries, nursery and greenhouse crops, and reregistration of needed chemicals, are
activities of particular concern to ensure crop production.
Furthermore, public demands for improved information and
education on pesticides and risk assessment efforts justify
these efforts.
The legislature further finds that multiple alternatives
are needed for pest control, including programs for integrated pest management, genetic resistance to pests, biological
control, cultural practices, and the use of appropriate
approved chemicals. [1991 c 341 § 1.]
15.92.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural commodity" means any distinctive type
of agricultural, horticultural, viticultural, floricultural,
vegetable, or animal product, including but not limited to,
(2002 Ed.)
15.92.005
products qualifying as organic food products under chapter
15.86 RCW, private sector cultured aquatic products as
defined in RCW 15.85.020, bees and honey, and Christmas
trees but not including timber or timber products.
(2) "Center" means the center for sustaining agriculture
and natural resources established at Washington State
University.
(3) "Laboratory" means the food and environmental
quality laboratory established at Washington State University
at Tri-Cities.
(4) "Integrated pest management" is a strategy that uses
various combinations of pest control methods, biological,
cultural, and chemical, in a compatible manner to achieve
satisfactory control and ensure favorable economic and environmental consequences.
(5) "IR-4 program" means interregional research project
number four, clearances of chemicals and biologics for
minor or special uses, established in 1963 by the cooperative
state research service of the United States department of
agriculture, the coordinated national program involving landgrant universities and the United States department of
agriculture to provide data required for the registration of
pesticides needed for the production of minor crops.
(6) "Minor crop" means an agricultural crop considered
to be minor in the national context of registering pesticides.
(7) "Minor use" means a pesticide use considered to be
minor in the national context of registering pesticides
including, but not limited to, a use for a special local need.
(8) "Natural resources" means soil, water, air, forests,
wetlands, wildlands, and wildlife.
(9) "Pesticide" means chemical or biologic used to
control pests such as insect, rodent, nematode, snail, slug,
weed, virus, or any organism the director of agriculture may
declare to be a pest.
(10) "Registration" means use of a pesticide approved
by the state department of agriculture.
(11) "Sustainable agriculture" means a systems approach
to farming, ranching, and natural resource production that
builds on and supports the physical, biological, and ecological resource base upon which agriculture depends. The
goals of sustainable agriculture are to provide human food
and fiber needs in an economically viable manner for the
agriculture industry and in a manner which protects the environment and contributes to the overall safety and quality of
life. [1995 c 390 § 4; 1991 c 341 § 2.]
15.92.020 Center established. A center for sustaining
agriculture and natural resources is established at Washington State University. The center shall provide statewide
leadership in research, extension, and resident instruction
programs to sustain agriculture and natural resources. [1991
c 341 § 3.]
15.92.030 Primary activities—Cooperative with
University of Washington. The center is to work cooperatively with the University of Washington to maximize the
use of financial resources in addressing forestry issues. The
center’s primary activities include but are not limited to:
[Title 15 RCW—page 163]
15.92.030
Title 15 RCW: Agriculture and Marketing
(1) Research programs which focus on developing
possible alternative production and marketing systems
through:
(a) Integrated pest management;
(b) Biological pest control;
(c) Plant and animal breeding;
(d) Conservation strategies; and
(e) Understanding the ecological basis of nutrient
management;
(2) Extension programs which focus on:
(a) On-farm demonstrations and evaluation of alternative
production practices;
(b) Information dissemination, and education concerning
sustainable agriculture and natural resource systems; and
(c) Communication and training on sustainable agriculture strategies for consumers, producers, and farm and
conservation-related organizations;
(3) On-farm testing and research to calculate and
demonstrate costs and benefits, including economic and
environmental benefits and trade-offs, inherent in farming
systems and technologies;
(4) Crop rotation and other natural resource processes
such as pest-predator interaction to mitigate weed, disease,
and insect problems, thereby reducing soil erosion and
environmental impacts;
(5) Management systems to improve nutrient uptake,
health, and resistance to diseases and pests by incorporating
the genetic and biological potential of plants and animals
into production practices;
(6) Soil management, including conservation tillage and
other practices to minimize soil loss and maintain soil
productivity; and
(7) Animal production systems emphasizing preventive
disease practices and mitigation of environmental pollution.
[1991 c 341 § 4.]
15.92.040 Administrator. The center is managed by
an administrator. The administrator shall hold a joint
appointment as an assistant director in the Washington State
University agricultural research center and cooperative
extension.
(1) A committee shall advise the administrator. The
dean of the Washington State University college of agriculture and home economics shall make appointments to the
advisory committee so the committee is representative of
affected groups, such as the Washington department of social
and health services, the Washington department of ecology,
the Washington department of agriculture, the chemical and
fertilizer industry, food processors, marketing groups,
consumer groups, environmental groups, farm labor, and
natural resource and agricultural organizations.
(2) Each appointed member shall serve a term of three
years, and one-third are appointed every year. The entire
committee is appointed the first year: One-third for a term
of one year, one-third for a term of two years, and one-third
for a term of three years. A member shall continue to serve
until a successor is appointed. Vacancies are filled by
appointment for the unexpired term. The members of the
advisory committee shall serve without compensation but
shall be reimbursed for travel expenses incurred while
[Title 15 RCW—page 164]
engaged in the business of the committee as provided in
RCW 43.03.050 and 43.03.060.
(3) It is the responsibility of the administrator, in
consultation with the advisory committee, to:
(a) Recommend research and extension priorities for the
center;
(b) Conduct a competitive grants process to solicit,
review, and prioritize research and extension proposals; and
(c) Advise Washington State University on the progress
of the development and implementation of research, teaching, and extension programs that sustain agriculture and
natural resources of Washington. [1991 c 341 § 5.]
15.92.050 Food and environmental quality laboratory. A food and environmental quality laboratory operated by
Washington State University is established in the Tri-Cities
area to conduct pesticide residue studies concerning fresh
and processed foods, in the environment, and for human and
animal safety. The laboratory shall cooperate with public
and private laboratories in Washington, Idaho, and Oregon.
[1991 c 341 § 6.]
15.92.060 Laboratory responsibilities. The responsibilities of the laboratory shall include:
(1) Evaluating regional requirements for minor crop
registration through the federal IR-4 program;
(2) Providing a program for tracking the availability of
effective pesticides for minor crops, minor uses, and emergency uses in this state;
(3) Conducting studies on the fate of pesticides on crops
and in the environment, including soil, air, and water;
(4) Improving pesticide information and education
programs;
(5) Assisting federal and state agencies with questions
regarding registration of pesticides which are deemed critical
to crop production, consistent with priorities established in
RCW 15.92.070; and
(6) Assisting in the registration of biopesticides,
pheromones, and other alternative chemical and biological
methods. [1995 c 390 § 5; 1991 c 341 § 7.]
15.92.070 Board to advise laboratory. The laboratory is advised by a board appointed by the dean of the
Washington State University college of agriculture and home
economics. The dean shall cooperate with appropriate officials in Washington, Idaho, and Oregon in selecting board
members.
(1) The board shall consist of one representative from
each of the following interests: A human toxicologist or a
health professional knowledgeable in worker exposure to
pesticides, the Washington State University vice-provost for
research or research administrator, representatives from the
state department of agriculture, the department of ecology,
the department of health, the department of labor and
industry [industries], privately owned Washington pesticide
analytical laboratories, federal regional pesticide laboratories,
an Idaho and Oregon laboratory, whether state, university, or
private, a chemical and fertilizer industry representative,
farm organizations, food processors, marketers, farm labor,
environmental organizations, and consumers. Each board
member shall serve a three-year term. The members of the
(2002 Ed.)
Center for Sustaining Agriculture and Natural Resources
board shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the
business of the board as provided in RCW 43.03.050 and
43.03.060.
(2) The board is in liaison with the pesticide advisory
board and the pesticide incident reporting and tracking panel
and shall review the chemicals investigated by the laboratory
according to the following criteria:
(a) Chemical uses for which a data base exists on
environmental fate and acute toxicology, and that appear
safer environmentally than pesticides available on the
market;
(b) Chemical uses not currently under evaluation by
public laboratories in Idaho or Oregon for use on Washington crops;
(c) Chemicals that have lost or may lose their registration and that no reasonably viable alternatives for Washington crops are known; and
(d) Other chemicals vital to Washington agriculture.
(3) The laboratory shall conduct research activities using
approved good laboratory practices, namely procedures and
recordkeeping required of the national IR-4 minor use
pesticide registration program.
(4) The laboratory shall coordinate activities with the
national IR-4 program. [1991 c 341 § 8.]
15.92.080 Annual report—Acceptable risk of
human and environmental exposure. The center for
sustaining agriculture and natural resources at Washington
State University shall prepare and present an annual report
to the appropriate legislative committees. The report shall
include the center’s priorities to find alternatives to the use
of agricultural chemicals that pose human and environmental
risks. The first report, due no later than November 1, 1992,
shall use federal criteria of acceptable risk of human and
environmental exposure for establishing such priorities and
for conducting responsive research and education programs.
For each subsequent year, the report shall detail the center’s
progress toward meeting the goals identified in the center’s
plan. [1991 c 341 § 9.]
15.92.090 Commission on pesticide registration—
Established—Composition—Duration of membership—
Compensation. (1) A commission on pesticide registration
is established. The commission shall be composed of twelve
voting members appointed by the governor as follows:
(a) Eight members from the following segments of the
state’s agricultural industry as nominated by a statewide
private agricultural association or agricultural commodity
commission formed under Title 15 RCW: (i) The tree fruit
industry; (ii) hop growers; (iii) potato growers; (iv) wheat
growers; (v) vegetable and seed growers; (vi) berry growers;
(vii) wine grape growers; and (viii) the nursery and landscape industry. Although members are appointed from
various segments of the agriculture industry, they are
appointed to represent and advance the interests of the
industry as a whole.
(b) One member from each of the following: (i) Forest
protection industry; (ii) food processors; (iii) agricultural
chemical industry; and (iv) professional pesticide applicators.
One member shall be appointed for each such segment of the
(2002 Ed.)
15.92.070
industry and shall be nominated by a statewide, private association of that segment of the industry. The representative
of the agricultural chemical industry shall be involved in the
manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members
of the commission: The coordinator of the interregional
project number four at Washington State University; the
director of the department of ecology or the director’s
designee; the director of the department of agriculture or the
director’s designee; the director of the department of labor
and industries or the director’s designee; and the secretary of
the department of health or the secretary’s designee.
(2) Each voting member of the commission shall serve
a term of three years. However, the first appointments in the
first year shall be made by the governor for one, two, and
three-year terms so that, in subsequent years, approximately
one-third of the voting members shall be appointed each
year. The governor shall assign the initial one, two, and
three-year terms to members by lot. A vacancy shall be
filled by appointment for the unexpired term in the same
manner provided for an appointment to the full term. No
member of the commission may be removed by the governor
during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office.
Each member of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for
attending meetings of the commission and for performing
special duties, in the way of official commission business,
specifically assigned to the person by the commission. The
voting members of the commission serve without compensation from the state other than such travel expenses.
(3) Nominations for the initial appointments to the
commission under subsection (1) of this section shall be
submitted by September 1, 1995. The governor shall make
initial appointments to the commission by October 15, 1995.
(4) The commission shall elect a chair from among its
voting members each calendar year. After its original
organizational meeting, the commission shall meet at the call
of the chair. A majority of the voting members of the
commission constitutes a quorum and an official action of
the commission may be taken by a majority vote of the
quorum. [1999 c 247 § 1; 1995 c 390 § 1.]
15.92.095 Commission on pesticide registration—
State appropriations—Restrictions on use of state
money—Commission approval required. (1) This subsection applies to the use of state appropriations made to or
legislatively intended for the commission on pesticide
registration and to any other moneys appropriated by the
state and received by the commission on pesticide registration:
(a) The moneys may not be expended without the
express approval of the commission on pesticide registration;
(b) The moneys may be used for: (i) Evaluations,
studies, or investigations approved by the commission on
pesticide registration regarding the registration or
reregistration of pesticides for minor crops or minor uses or
regarding the availability of pesticides for emergency uses.
These evaluations, studies, or investigations may be conducted by the food and environmental quality laboratory or may
be secured by the commission from other qualified laborato[Title 15 RCW—page 165]
15.92.095
Title 15 RCW: Agriculture and Marketing
ries, researchers, or contractors by contract, which contracts
may include, but are not limited to, those purchasing the use
of proprietary information; (ii) evaluations, studies, or
investigations approved by the commission regarding
research, implementation, and demonstration of any aspect
of integrated pest management and pesticide resistance
management programs; (iii) the tracking system described in
RCW 15.92.060; and (iv) the support of the commission on
pesticide registration and its activities; and
(c) Not less than twenty-five percent of such moneys
shall be dedicated to studies or investigations concerning the
registration or use of pesticides for crops that are not among
the top twenty agricultural commodities in production value
produced in the state, as determined annually by the Washington agricultural statistics service.
(2) The commission on pesticide registration shall
establish priorities to guide it in approving the use of
moneys for evaluations, studies, and investigations under this
section. Each biennium, the commission shall prepare a
contingency plan for providing funding for laboratory studies
or investigations that are necessary to pesticide registrations
or related processes that will address emergency conditions
for agricultural crops that are not generally predicted at the
beginning of the biennium. [1999 c 247 § 2; 1995 c 390 §
2.]
15.92.100 Commission on pesticide registration—
Duties. The commission on pesticide registration shall:
(1) Provide guidance to the food and environmental
quality laboratory established in RCW 15.92.050 regarding
the laboratory’s studies, investigations, and evaluations
concerning the registration of pesticides for use in this state
for minor crops and minor uses and concerning the availability of pesticides for emergency uses;
(2) Encourage agricultural organizations to assist in
providing funding, in-kind services, or materials for laboratory studies and investigations concerning the registration of
pesticides and research, implementation, and demonstration
of any aspect of integrated pest management and pesticide
resistance management programs for minor crops and minor
uses that would benefit the organizations;
(3) Provide guidance to the laboratory regarding a
program for: Tracking the availability of effective pesticides
for minor crops, minor uses, and emergency uses; providing
this information to organizations of agricultural producers;
and maintaining close contact between the laboratory, the
department of agriculture, and organizations of agricultural
producers regarding the need for research to support the
registration of pesticides for minor crops and minor uses and
the availability of pesticides for emergency uses;
(4) Ensure that the activities of the commission and the
laboratory are coordinated with the activities of other
laboratories in the Pacific Northwest, the United States
department of agriculture, and the United States environmental protection agency to maximize the effectiveness of
regional efforts to assist in the registration of pesticides for
minor crops and minor uses and in providing for the availability of pesticides for emergency uses for the region and
the state; and
(5) Ensure that prior to approving any residue study that
there is written confirmation of registrant support and
[Title 15 RCW—page 166]
willingness or ability to add the given minor crop to its label
including any restrictions or guidelines the registrant intends
to impose. [1999 c 247 § 3; 1995 c 390 § 3.]
15.92.105 Commission on pesticide registration—
Report on activities—Review by legislature. By December 15, 2002, the commission shall file with the legislature
a report on the activities supported by the commission for
the period beginning on July 23, 1995, and ending on
December 1, 2002. The report shall include an identification
of: The priorities that have been set by the commission; the
state appropriations made to Washington State University
that have been within the jurisdiction of the commission; the
evaluations, studies, and investigations funded in whole or in
part by such moneys and the registrations and uses of pesticides made possible in large part by those evaluations,
studies, and investigations; the matching moneys, in-kind
services, and materials provided by agricultural organizations
for those evaluations, studies, and investigations; and the
program or programs for tracking pesticide availability
provided by the laboratory under the guidance of the
commission and the means used for providing this information to organizations of agricultural producers.
During the regular session of the legislature in the year
2003, the appropriate committees of the house of representatives and senate shall evaluate the effectiveness of the
commission in fulfilling its statutory responsibilities. [1995
c 390 § 6.]
15.92.110 Commission on pesticide registration—
Receipt of gifts, grants, and endowments. The commission on pesticide registration, and Washington State
University on behalf of the commission, may receive such
gifts, grants, and endowments from public or private sources
as may be used from time to time, in trust or otherwise, for
the use and benefit of the commission and expend the same
or any income therefrom according to the terms of the gifts,
grants, or endowments. [1995 c 390 § 7.]
Chapter 15.100
FOREST PRODUCTS COMMISSION
Sections
15.100.010 Finding.
15.100.020 Definitions.
15.100.030 Washington forest products commission—Created—
Membership—Quorum—Terms.
15.100.040 Initial meeting—Nominations for initial election of members—Subsequent efforts when approval not given.
15.100.043 Costs of proceeding to form a commission—Reimbursement.
15.100.050 After initial election of members—Rules—Annual meetings—Public notice.
15.100.060 Vacancies—Compensation.
15.100.070 Obligations of commission—Limitations on liabilities or
claims—State—Individual capacity.
15.100.080 Powers and duties of commission.
15.100.090 Research, promotional, and educational campaigns.
15.100.100 List of all Washington producers—Confidential—Reporting
system for assessment purposes.
15.100.110 Assessment for permanent funding of commission—
Adjustments—Referendum.
15.100.120 Establishment of commission and initial assessment—
Statewide referendum among producers.
15.100.130 Deposit of moneys collected—Appropriation not required.
(2002 Ed.)
Forest Products Commission
15.100.140 Assessment—Personal debt—Payable when called—Failure
to pay—Civil action.
15.100.150 Enforcement of chapter.
15.100.160 Superior courts—Jurisdiction.
15.100.900 Construction.
15.100.901 Severability—2001 c 314.
15.100.010 Finding. The legislature finds that the
creation of a forest products commission would assist in
expanding the state’s economy, because:
(1) Marketing is a dynamic and changing part of the
Washington forest products industry and a vital element in
expanding the state economy;
(2) The sale in the state and export to other states and
abroad of forest products made in the state contribute
substantial benefits to the economy of the state, provide a
large number of jobs and sizeable tax revenues, and are key
components of the health of many local communities
because many secondary businesses are largely dependent on
the health of the forest products industry; and
(3) Forest products are made from a renewable resource
and are more environmentally sound than many alternative
products. [2001 c 314 § 1.]
15.100.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commission" means the forest products commission.
(2) "Department" means the department of agriculture.
(3) "Director" means the director of the department of
agriculture or the director’s authorized representative.
(4) "Forest products" or "timber" means trees of any
species maintained for eventual harvest whether planted or
of natural growth, standing or down, on privately or publicly
owned land, and also includes wood products related thereto,
but does not include Christmas trees or other trees on which
the timber excise tax provided under chapter 84.33 RCW is
not imposed.
(5) "Person" includes any individual, corporation, firm,
partnership, trust, association, or any other organization of
individuals.
(6) "Producer" means any person who harvests timber
in Washington state and pays the timber excise tax imposed
under chapter 84.33 RCW on at least two million board feet
in a calendar year or in four consecutive calendar quarters.
(7) "Eastern Washington" means that portion of the state
lying east of the Cascade mountain range.
(8) "Western Washington" means that portion of the
state lying west of the Cascade mountain range. [2001 c
314 § 2.]
15.100.030 Washington forest products commission—Created—Membership—Quorum—Terms. (1)(a)
There is created a commodity commission to be known and
designated as the Washington forest products commission.
The commission is composed of nine voting members. The
commission may, in its sole discretion, add or remove
nonvoting ex officio members to the commission. Of the
members, six shall be from western Washington, and three
shall be from eastern Washington. After the initial election
of commission members, however, if a position cannot be
(2002 Ed.)
Chapter 15.100
filled by a member from eastern Washington within sixty
days from the date on which nominations may first be
received because of a lack of candidates, the position may be
filled by a member from western Washington. Under no
circumstances will there be less than two board members
from eastern Washington. If a position was filled by a
member from western Washington because of a lack of
candidates from eastern Washington, and districts are not
used for the nomination and election of members, then a
person from eastern Washington must fill the next available
vacancy or open position at the next election to bring the
number of representatives from eastern Washington up to
three members. All members shall be elected by the entire
group of producers unless the commission creates districts
for the members as authorized in RCW 15.100.050. If
districts are used for the nomination and election of commission members, and it does not appear that one of the
positions from eastern Washington will be filled because of
a lack of candidates, then a commission member who resides
in western Washington must be elected by the entire group
of producers as an at-large member. The position of the
western Washington member who is elected as an at-large
member shall be filled by a member from eastern Washington at the expiration of the term of the at-large member. If
districts are not used for the nomination and election of
members, the commission shall strive to achieve representation on the commission from the different geographic regions
of the state.
(b) Of the six members from western Washington, three
members must have annual harvests of more than seventyfive million board feet, and three members must have annual
harvests between two million board feet and seventy-five
million board feet.
(c) Of the two members from eastern Washington, one
member must have an annual harvest greater than forty
million board feet, and one member must have an annual
harvest between two million board feet and forty million
board feet. If there is a third member from eastern Washington, the only harvest requirement is that the member have
an annual harvest of at least two million board feet.
(2) The members must be citizens and residents of this
state, and over the age of twenty-one years. Each member
must currently, and for the five years last preceding his or
her election, be actually engaged in producing forest products within the state of Washington, either individually or as
an officer of a corporation, firm, partnership, trust, association, or business organization at the level of production
required to qualify as a producer. Each member must also
derive a substantial amount of his or her income from the
production of forest products. The qualifications set forth in
this section apply throughout each member’s term of office.
(3) No more than one member of the commission may
be employed by, or connected in a proprietary capacity with,
the same corporation, firm, partnership, trust, association, or
business organization.
(4) Five voting members of the commission constitute
a quorum for the transaction of all business and the carrying
out of the duties of the commission.
(5) The regular term of office of the members is four
years from November 1st following their election and until
their successors are elected and qualified. However, the first
terms of the members elected in the initial November 1st
[Title 15 RCW—page 167]
15.100.030
Title 15 RCW: Agriculture and Marketing
election is as follows: Positions one, four, and seven
terminate on November 1st, two years after the initial
election is held; positions two, five, and eight terminate on
November 1st, three years after the initial election is held;
and positions three, six, and nine terminate on November
1st, four years after the initial election is held. [2002 c 251
§ 2; 2001 c 314 § 3.]
commission shall reimburse the department for its costs associated with conducting a proceeding to initiate a commission
under RCW 15.100.040 and 15.100.120. If the necessary
approval is received for the creation of a commission, the
commission shall reimburse the association for the costs paid
to the department when funds become available. [2002 c
251 § 4.]
15.100.040 Initial meeting—Nominations for initial
election of members—Subsequent efforts when approval
not given. (1) The director shall call the initial meeting of
producers of forest products for the purpose of nominating
their respective members of the commission after receiving
notice from an association representing producers of forest
products that substantial interest exists in forming a forest
products commission. Public notice of the meeting shall be
given by the director in the manner the director determines
is appropriate. A producer may on his or her own motion
file his or her name with the director for the purpose of
receiving notice of the meeting. The nonreceipt of the notice
by any interested person does not invalidate the proceedings.
(2) Prior to the nomination of commission members, the
department of revenue shall provide the director with a list
of all qualified producers within the state based upon tax
records of the department.
(3) For the initial election of commission members, any
qualified producer may be nominated orally for a commissioner position at the meeting convened by the director.
Nominations may also be made within five days prior to the
meeting by a written petition filed with the department,
signed by at least five producers who reside in the state. If
the director determines that one of the positions from eastern
Washington will go unfilled because of a lack of candidates,
the director shall announce that this position shall be filled
by a member from western Washington. If the position
designated for eastern Washington is filled by a member
from western Washington because of a lack of candidates
from eastern Washington, this position shall be designated as
position number seven by the director for purposes of RCW
15.100.030(5). Under no circumstances will there be less
than two board members from eastern Washington.
(4) The initial members of the commission shall be
elected by secret mail ballot under the supervision of the
director at the same time the referendum is submitted under
RCW 15.100.120 calling for the creation of the commission
and the imposition of the initial assessment. If a nominee
does not receive a majority of the votes on the first ballot,
a run-off election shall be held by mail in a similar manner
between the two candidates for the position receiving the
largest number of votes.
(5) If the director determines under RCW 15.100.120(3)
that the requisite approval for the establishment of a commission has not been given, any subsequent efforts to create
a commission must follow the procedures established under
this chapter for the initial nomination and election of
members. [2002 c 251 § 3; 2001 c 314 § 4.]
15.100.050 After initial election of members—
Rules—Annual meetings—Public notice. (1) After the
initial election of commission members, the commission
shall establish rules for electing commission members,
including the method used for notification, nominating, and
voting. The commission may create commission districts
and boundaries, and may also establish a weighted voting
procedure for election of commission members. The
commission shall hold its annual meeting during the month
of October each year for the purpose of nominating commission members and the transaction of other business. Public
notice of the meeting shall be given by the commission in
the manner it determines is appropriate. A producer may on
his or her own motion file his or her name with the commission for the purpose of receiving notice of the meeting. The
nonreceipt of the notice by any interested person does not
invalidate the proceedings.
(2) Prior to the nomination of commission members, the
department of revenue shall provide the commission with a
list of all qualified producers within the state based upon tax
records of the department. [2001 c 314 § 5.]
15.100.043 Costs of proceeding to form a commission—Reimbursement. The association responsible for
giving the director notice under RCW 15.100.040 that
substantial interest exists in forming a forest products
[Title 15 RCW—page 168]
15.100.060 Vacancies—Compensation. (1) In the
event a position becomes vacant due to resignation, disqualification, death, or for any other reason, the position until the
next annual meeting shall be filled by vote of the remaining
members of the commission. At the annual meeting a
commissioner shall be elected to fill the balance of the
unexpired term.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be
reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter. Employees of the
commission may also be reimbursed for actual travel
expenses when on official commission business. [2001 c
314 § 6.]
15.100.070 Obligations of commission—Limitations
on liabilities or claims—State—Individual capacity.
Obligations incurred by the commission and liabilities or
claims against the commission may be enforced only against
the assets of the commission in the same manner as if it
were a corporation and no liability for the debts or actions
of the commission exists against either the state of Washington or any subdivision or instrumentality thereof or
against any member, officer, employee, or agent of the
commission in his or her individual capacity. The members
of the commission, including employees of the commission,
may not be held responsible individually or any way
whatsoever to any person for errors in judgment, mistakes,
or other acts, either of commission or omission, as principal,
agent, person, or employees, except for their own individual
acts of dishonesty or crime. A person or employee may not
(2002 Ed.)
Forest Products Commission
be held responsible individually for any act or omission of
any other members of the commission. [2001 c 314 § 7.]
15.100.080 Powers and duties of commission. The
powers and duties of the commission include:
(1) To elect a chairman and such officers as the commission deems advisable. The commission shall adopt rules
for its own governance, which provide for the holding of an
annual meeting for the election of officers and transaction of
other business and for such other meetings as the commission may direct;
(2) To adopt any rules necessary to carry out the
purposes of this chapter, in conformance with chapter 34.05
RCW;
(3) To administer and do all things reasonably necessary
to carry out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a
treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose
duties shall be guaranteed by a bond at the sole expense of
the commission;
(5) At the pleasure of the commission, to employ and
discharge managers, secretaries, agents, attorneys, and
employees and to engage the services of independent
contractors as the commission deems necessary, to prescribe
their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of
Washington forest products and managed forests, and shall
in the good faith judgment of the commission be in aid of
the marketing, advertising, or sale of forest products, or of
research related to such marketing, advertising, or sale of
forest products, or of research related to managed forests;
(7) To enforce the provisions of this chapter, including
investigating and prosecuting violations of this chapter;
(8) To acquire and transfer personal and real property,
establish offices, incur expense, and enter into contracts.
Contracts for creation and printing of promotional literature
are not subject to chapter 43.78 RCW, but such contracts
may be canceled by the commission unless performed under
conditions of employment which substantially conform to the
laws of this state and the rules of the department of labor
and industries. The commission may create such debt and
other liabilities as may be reasonable for proper discharge of
its duties under this chapter;
(9) To maintain such account or accounts with one or
more qualified public depositaries as the commission may
direct, to cause moneys to be deposited therein, and to
expend moneys for purposes authorized by this chapter by
drafts made by the commission upon such institutions or by
other means;
(10) To cause to be kept and annually closed, in
accordance with generally accepted accounting principles,
accurate records of all receipts, disbursements, and other
financial transactions, available for audit by the state auditor;
(11) To create and maintain a list of producers and to
disseminate information among and solicit the opinions of
producers with respect to the discharge of the duties of the
commission, directly or by arrangement with trade associations or other instrumentalities;
(12) To employ, designate as agent, act in concert with,
and enter into contracts with any person, council, commis(2002 Ed.)
15.100.070
sion, or other entity for the purpose of promoting the general
welfare of the forest products industry and particularly for
the purpose of assisting in the sale and distribution of
Washington forest products in domestic and foreign commerce, expending moneys as it may deem necessary or
advisable for such purpose and for the purpose of paying its
proportionate share of the cost of any program providing
direct or indirect assistance to the sale and distribution of
Washington forest products in domestic or foreign commerce, and employing and paying for vendors of professional services of all kinds;
(13) To sue and be sued as a commission, without
individual liability for acts of the commission within the
scope of the powers conferred upon it by this chapter;
(14) To propose assessment levels for producers subject
to referendum approval under RCW 15.100.110; and
(15) To participate in federal and state agency hearings,
meetings, and other proceedings relating to the regulation,
production, manufacture, distribution, sale, or use of forest
products. [2001 c 314 § 8.]
15.100.090 Research, promotional, and educational
campaigns. The commission shall create, provide for, and
conduct a research, promotional, and educational campaign
as sales and market conditions reasonably require. It shall
investigate and ascertain the needs of producers, conditions
of markets, and degree of public awareness of products, and
take into account the information obtained in the discharge
of its duties under this chapter. [2001 c 314 § 9.]
15.100.100 List of all Washington producers—
Confidential—Reporting system for assessment purposes.
(1) The commission shall cause a list to be prepared of all
Washington producers of forest products from any information available from the commission, producers’ association,
or producers, including tax records from the department of
revenue. This list shall contain the names and addresses of
all persons who produce forest products within this state, the
amount of forest products produced during the period
designated by the commission, and the assessment amount
for each member. The list is considered confidential and
may be reviewed only by the employees of the commission,
except for information that may be disclosed to the public
and commission members under subsection (4) of this
section. A qualified person may, at any time, have his or
her name placed upon the list by delivering or mailing the
information to the commission. This list shall be corrected
and brought up to date in accordance with evidence and
information available to the commission on or before
December 31st of each year, or as soon thereafter as
possible. For all purposes of giving notice and holding
referendums, the list on hand, corrected up to the day next
preceding the date for issuing notices or ballots as the case
may be, is, for purposes of this chapter, the list of all
producers entitled to notice or to assent or dissent or to vote.
(2) The commission shall develop a reporting system to
document that the producers of forest products in this state
are reporting quantities of forest products produced and
subject to the assessment as provided in RCW 15.100.110.
[Title 15 RCW—page 169]
15.100.100
Title 15 RCW: Agriculture and Marketing
(3) The department of revenue may charge the commission for the reasonable costs of providing reports of harvest
activity on a quarterly basis.
(4) Any taxpayer information received by the commission from the department of revenue may only be used for
the limited purposes of establishing lists of producers
necessary to determine eligibility for voting, eligibility for
serving as a commission member, the amount of assessments
owed, or other necessary purposes as established by law.
Any return or tax information received from the department
of revenue may be reviewed only by the employees of the
commission. Employees may disclose to the public and
commission members a list of commission members,
groupings of at least three commission members by the
amount of forest products harvested over any time period
designated by the commission of at least one quarter, and the
members who are eligible for the various positions on the
commission. [2001 c 314 § 10.]
15.100.110 Assessment for permanent funding of
commission—Adjustments—Referendum. (1) To provide
for permanent funding of the forest products commission, an
assessment shall be levied by the commission on producers
of each species of forest products. The initial rate of
assessment that shall be submitted for approval by referendum pursuant to RCW 15.100.120 is fifty-seven cents per
thousand board feet. The initial assessment is not effective
until approved by a majority of producers as required by
RCW 15.100.120.
(2) After the initial assessment rate is approved, the
commission may adjust the amount of the assessment within
a range of forty-five cents up to ninety cents per thousand
board feet. The commission shall submit any proposed
increase in the assessment to producers pursuant to the
referendum process established in this section, and shall
supply all known producers with a ballot for the referendum.
The commission shall establish the assessment for the
marketing year by January 1st of each year, or as soon
thereafter as possible. Assessments may only be used for
the purposes and objects of this chapter.
(3) The forest products commission may raise the
assessment on forest products in excess of the fiscal growth
factor under chapter 43.135 RCW. The assessment limits
established by this section are solely to provide prior
legislative authority for the purposes of RCW 43.135.055
and are not a limit on the authority of the forest products
commission to alter assessments in any manner not limited
by RCW 43.135.055. However, any alteration in assessments made under this section must be made with the
procedural requirements established by this chapter for
altering such assessments.
(4) The requirement for approval of an assessment is
met if: (a) At least fifty-one percent by numbers of producers replying in the referendum vote affirmatively, and these
producers represent at least sixty-one percent of the volume
of the producers replying in the referendum; or (b) sixty-five
percent by numbers of producers replying in the referendum
vote affirmatively, and these producers represent at least
fifty-one percent of the volume of the producers replying in
the referendum. An assessment shall only be approved if at
[Title 15 RCW—page 170]
least forty percent of the eligible producers participate in the
vote. [2001 c 314 § 11.]
15.100.120 Establishment of commission and initial
assessment—Statewide referendum among producers. (1)
For purposes of determining producer participation in the
commission, the initial election of commissioners, and for
imposition of the original assessment specified in RCW
15.100.110, the director shall conduct a referendum among
all producers of forest products within the state.
(2) The requirement for approval of the assessment and
creation of the commission is met if: (a) At least fifty-one
percent by numbers of producers replying in the referendum
vote affirmatively, and these producers represent at least
sixty-one percent of the volume of the producers replying in
the referendum; or (b) sixty-five percent by numbers of
producers replying in the referendum vote affirmatively, and
these producers represent at least fifty-one percent of the
volume of the producers replying in the referendum. The
referendum shall only be approved if at least forty percent of
the eligible producers participate in the vote.
(3) If the director determines that the requisite approval
has been given, the director shall declare the establishment
of the commission and direct it to put into force the assessment authorized in RCW 15.100.110. If the director finds
that the requisite approval has not been given, then this
chapter is not operative. [2001 c 314 § 12.]
15.100.130 Deposit of moneys collected—
Appropriation not required. The commission shall deposit
moneys collected under RCW 15.100.110 in a separate
account in the name of the commission in any bank that is
a state depositary. All expenditures and disbursements made
from this account under this chapter may be made without
the necessity of a specific legislative appropriation. RCW
43.01.050 does not apply to this account or to the moneys
received, collected, or expended under this chapter. [2001
c 314 § 13.]
15.100.140 Assessment—Personal debt—Payable
when called—Failure to pay—Civil action. A due and
payable assessment levied in the amount determined by the
commission under RCW 15.100.110 constitutes a personal
debt of every person so assessed, or who otherwise owes the
assessment, and the assessment is due and payable to the
commission when payment is called for by the commission.
If a person fails to pay the commission the full amount of
the assessment by the date due, the commission may add to
the unpaid assessment an amount not exceeding ten percent
of the assessment to defray the cost of enforcing its collection. If the person fails to pay any due and payable assessment or other such sum, the commission may bring a civil
action for collection against the person or persons in a court
of competent jurisdiction. The action shall be tried and
judgment rendered as in any other cause of action for a debt
due and payable. [2001 c 314 § 14.]
15.100.150 Enforcement of chapter. All county and
state law enforcement officers shall assist in the enforcement
of this chapter. [2001 c 314 § 15.]
(2002 Ed.)
Forest Products Commission
15.100.160
15.100.160 Superior courts—Jurisdiction. The
superior courts are hereby vested with jurisdiction to enforce
this chapter and the rules of the commission, and to prevent
and restrain violations thereof. [2001 c 314 § 16.]
15.100.900 Construction. This chapter shall be
liberally construed to effectuate its purposes. [2001 c 314 §
17.]
15.100.901 Severability—2001 c 314. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [2001 c 314 § 22.]
(2002 Ed.)
[Title 15 RCW—page 171]
Title 16
ANIMALS AND LIVESTOCK
(Formerly: Animals, estrays, brands, and fences)
Chapters
16.04
16.08
16.10
16.24
16.36
16.38
16.49
16.50
16.52
16.54
16.57
16.58
16.60
16.65
16.67
16.68
16.70
16.72
Trespass of animals—General.
Dogs.
Dogs—Licensing—Dog control zones.
Stock restricted areas.
Animal health.
Livestock diseases—Diagnostic service program.
Custom slaughtering.
Humane slaughter of livestock.
Prevention of cruelty to animals.
Abandoned animals.
Identification of livestock.
Identification of cattle through licensing of
certified feed lots.
Fences.
Public livestock markets.
Washington state beef commission.
Disposal of dead animals.
Control of pet animals infected with diseases
communicable to humans.
Fur farming.
Agister and trainer liens: Chapter 60.56 RCW.
Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200.
Control of predatory birds injurious to agriculture: RCW 15.04.110,
15.04.120.
"Coyote getters" may be used to control coyotes: RCW 9.41.185.
Director of agriculture: Chapter 43.23 RCW.
Dog guide or service animal, interfering with: RCW 9.91.170.
Dog license tax, counties: Chapter 36.49 RCW.
Grazing ranges: Chapter 79.28 RCW, RCW 79.01.244, 79.01.296.
Harming a police dog: RCW 9A.76.200.
Killing of person by vicious animal: RCW 9A.32.070.
Larcenous appropriation of livestock: Chapter 9A.56 RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Nuisances, agricultural activities: RCW 7.48.300 through 7.48.310.
Race horses: Chapter 67.16 RCW.
Stealing horses or cattle as larceny: Chapter 9A.56 RCW.
Chapter 16.04
TRESPASS OF ANIMALS—GENERAL
Sections
16.04.005
16.04.010
16.04.015
16.04.020
16.04.025
16.04.030
16.04.040
16.04.045
16.04.050
16.04.060
(2002 Ed.)
Liability for damages—Restraint—Notice.
Trespassing animals—Restraint—Damages and costs.
Damages, liability.
Notice of restraint—Owner known.
Owner of animals unknown—Procedure.
Actions for damages.
Jurisdiction—Appeal.
Continuance.
Substituted service.
Sale—When costs may be charged to plaintiff.
16.04.070 Surplus—Disposition.
16.04.080 Stock on United States military reservation.
16.04.100 Trespass via fence damaged by wildlife.
Dangerous dogs: RCW 16.08.070 through 16.08.100.
Disturbance on public highway: RCW 9A.84.030.
Fences: Chapter 16.60 RCW.
16.04.005 Liability for damages—Restraint—Notice.
See RCW 16.60.015.
16.04.010 Trespassing animals—Restraint—
Damages and costs. Any person suffering damage done by
any horses, mules, donkeys, cattle, goats, sheep, swine, or
any such animals, which shall either trespass upon any land
enclosed by lawful fence as provided in chapter 16.60 RCW
or trespass while running at large in violation of chapter
16.24 RCW may retain and keep in custody such offending
animals until the owner or person having possession of such
animals shall pay such damage and costs, or until good and
sufficient security be given for the same. [1989 c 286 § 1;
1925 ex.s. c 56 § 1; 1893 c 31 § 1; RRS § 3090.]
Severability—1989 c 286: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 286 § 26.]
Damages to stock on unfenced railroad: RCW 81.52.050 through
81.52.070.
Pleading answer in action to recover property distrained: RCW 4.36.140.
16.04.015 Damages, liability. Except as provided
under RCW 16.04.100, whenever any animals trespass as
provided in RCW 16.04.010, the owner or person having
possession of such animal shall be liable for all damages the
owner or occupant may sustain by reason of such trespass.
[1994 c 263 § 1; 1989 c 286 § 2.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.04.020 Notice of restraint—Owner known.
Whenever any animals are restrained as provided in RCW
16.04.010, the person restraining such animals shall within
twenty-four hours thereafter notify in writing the owner, or
person in whose custody the same was at the time the
trespass was committed, of the seizure of such animals, and
the probable amount of the damages sustained: PROVIDED,
He knows to whom such animals belong. [1893 c 31 § 2;
RRS § 3091. FORMER PART OF SECTION: 1925 ex.s.
c 56 § 2; 1893 c 31 § 3; RRS § 3092, now codified as RCW
16.04.025.]
16.04.025 Owner of animals unknown—Procedure.
If the owner or the person having in charge or possession
such animals is unknown to the person sustaining the dam[Title 16 RCW—page 1]
16.04.025
Title 16 RCW: Animals and Livestock
age, the person retaining such animals shall, within twentyfour hours, notify the county sheriff or the nearest state
brand inspector as to the number, description, and location
of the animals. The county sheriff or brand inspector shall
examine the animals by brand, tattoo, or other identifying
characteristics and attempt to ascertain ownership. If the
animal is marked with a brand or tattoo which is registered
with the director of agriculture, the brand inspector or county
sheriff shall furnish this information and other pertinent
information to the person holding the animals who in turn
shall send the notice required in RCW 16.04.020 to the
animals’ owner of record by certified mail.
If the county sheriff or the brand inspector determines
that there is no apparent damage to the property of the
person retaining the animals, or if the person sustaining the
damage contacts the county sheriff or brand inspector to
have the animals removed from his or her property, such
animals shall be removed in accordance with chapter 16.24
RCW. Such removal shall not prejudice the property
owner’s ability to recover damages through civil suit. [1989
c 286 § 21; 1985 c 415 § 24; 1925 ex.s. c 56 § 2; 1893 c 31
§ 3; RRS § 3092. Formerly RCW 16.04.020, part.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.04.030 Actions for damages. If the owner or
person having such animals in charge fails or refuses to pay
the damages done by such animals, and the costs, or give
satisfactory security for the same within twenty-four hours
from the time the notice was served, if served personally, or
in case of horses, mares, mules and asses, within twenty-four
hours from the time such notice was posted, if served by
posting the same, and in case of cattle, goats, sheep and
swine within ten days from the time of such posting, the
person damaged may commence a suit, before any court
having jurisdiction thereof, against the owner of such
animals, or against the persons having the same in charge, or
possession, when the trespass was committed, if known; and
if unknown the defendant shall be designated as John Doe,
and the proceedings shall be the same in all respects as in
other civil actions, except as modified in RCW 16.04.010
through 16.04.070. If such suit is commenced in superior
court the summons shall require the defendant to appear
within five days from the date of service of such summons,
if served personally. [1925 ex.s. c 56 § 3; 1893 c 31 § 4;
RRS § 3093.]
16.04.040 Jurisdiction—Appeal. District judges shall
have exclusive jurisdiction of all actions and proceedings
under RCW 16.04.010 through 16.04.070 when the damages
claimed do not exceed one hundred dollars: PROVIDED,
HOWEVER, That any party considering himself or herself
aggrieved shall have the right of appeal to the superior court
as in other cases. [1987 c 202 § 177; 1893 c 31 § 9; RRS
§ 3098.]
Intent—1987 c 202: See note following RCW 2.04.190.
16.04.045 Continuance. If upon the trial it appears
that the defendant is not the owner or person in charge of
such offending animals, the case shall be continued, and
proceedings had as in RCW 16.04.050 provided, if the
[Title 16 RCW—page 2]
proper defendant be unknown to plaintiff. [1893 c 31 § 6;
RRS § 3095. Formerly RCW 16.04.050, part.]
16.04.050 Substituted service. If the owner or keeper
of such offending animals is unknown to plaintiff at the
commencement of the action, or if on the trial it appears that
the defendant is not the proper party, defendant, and the
proper party is unknown, service of the summons or notice
shall be made by publication, by publishing a copy of the
summons or notice, with a notice attached, stating the object
of the action and giving a description of the animals seized,
in a newspaper of general circulation in the area where the
plaintiff resides less than ten days previous to the day of
trial. [1985 c 469 § 8; 1893 c 31 § 7; RRS § 3096.
FORMER PART OF SECTION: 1893 c 31 § 6; RRS §
3095, now codified as RCW 16.04.045.]
16.04.060 Sale—When costs may be charged to
plaintiff. Upon the trial of an action as herein provided
[RCW 16.04.010 through 16.04.070] the plaintiff shall prove
the amount of damages sustained and the amount of expenses incurred for keeping the offending animals, and any
judgment rendered for damages, costs, and expenses against
the defendant shall be a lien upon such animals committing
the damage, and the same may be sold and the proceeds
shall be applied in full satisfaction of the judgment as in
other cases of sale of personal property on execution:
PROVIDED, That no judgment shall be continued against
the defendant for any deficiency over the amount realized on
the sale of such animals, if it shall appear upon the trial that
no damage was sustained, or that a tender was made and
paid into court of an amount equal to the damage and costs,
then judgment shall be rendered against the plaintiff for costs
of suit and damage sustained by defendant. [1893 c 31 § 5;
RRS § 3094.]
16.04.070 Surplus—Disposition. If when such
animals are sold, there remains a surplus of money, over the
amount of the judgment and costs, it shall be deposited with
the county treasurer, by the officer making the sale, and if
the owner of such animals does not appear and call for the
same, within six months from the day of sale, it shall be
paid into the school fund, for the use of the public schools
of said county. [1893 c 31 § 8; RRS § 3097.]
16.04.080 Stock on United States military reservation. It shall be unlawful for the owner of any livestock to
allow such livestock to run at large or be upon any United
States military reservation upon which field artillery firing or
other target practice with military weapons is conducted.
Any owner who permits livestock to run at large or be upon
any such reservation shall do so at the risk of such owner
and such owner shall have no claim for damages if such
livestock is injured or destroyed while so running at large on
such reservation: PROVIDED, HOWEVER, That the
commanding officer of any such United States military reservation may issue permits for specific areas and for specific
periods of time when firing will not be conducted thereon
authorizing the owner of such livestock to permit the same
to run at large or be upon any such military reservation.
[1937 c 101 § 1; RRS § 3068-1.]
(2002 Ed.)
Trespass of Animals—General
16.04.100 Trespass via fence damaged by wildlife.
If damages are caused by a trespassing animal, neither the
state nor the owner of the animal shall be liable if the owner
of the animal can prove that the trespass is due to damage
caused by wildlife to a lawful fence and, in a stock restricted
area, the owner of the animal did not have a reasonable
opportunity to repair the fence. The state shall pay all costs
of transportation, advertising, legal proceedings, and keep of
an animal that has been restrained pursuant to RCW
16.04.010. Claims filed under this section shall be processed
according to the procedures under chapter 4.92 RCW. [1994
c 263 § 3.]
Chapter 16.08
DOGS
(Formerly: Dangerous dogs)
Sections
16.08.010
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
16.08.070
16.08.080
16.08.090
16.08.100
Liability for injury to stock by dogs.
Dogs injuring stock may be killed.
Marauding dog—Duty of owner to kill.
Dog bites—Liability.
Entrance on private property, when lawful.
Provocation as a defense.
Dangerous dogs and related definitions.
Dangerous dogs—Notice to owners—Right of appeal—
Certificate of registration required—Surety bond—
Liability insurance—Restrictions.
Dangerous dogs—Requirements for restraint—Potentially
dangerous dogs—Dogs not declared dangerous.
Dangerous dogs—Confiscation—Conditions—Duties of
animal control authority—Penalties and affirmative
defenses for owners of dogs that attack—Dog fights,
penalty.
16.08.010 Liability for injury to stock by dogs. The
owner or keeper of any dog shall be liable to the owner of
any animal killed or injured by such dog for the amount of
damages sustained and costs of collection, to be recovered
in a civil action. [1985 c 415 § 14; 1929 c 198 § 5; RRS §
3106. Prior: 1919 c 6 § 5; RCS § 3106.]
16.08.020 Dogs injuring stock may be killed. It
shall be lawful for any person who shall see any dog or dogs
chasing, biting, injuring or killing any sheep, swine or other
domestic animal, including poultry, belonging to such
person, on any real property owned or leased by, or under
the control of, such person, or on any public highway, to kill
such dog or dogs, and it shall be the duty of the owner or
keeper of any dog or dogs so found chasing, biting or
injuring any domestic animal, including poultry, upon being
notified of that fact by the owner of such domestic animals
or poultry, to thereafter keep such dog or dogs in leash or
confined upon the premises of the owner or keeper thereof,
and in case any such owner or keeper of a dog or dogs shall
fail or neglect to comply with the provisions of this section,
it shall be lawful for the owner of such domestic animals or
poultry to kill such dog or dogs found running at large.
[1929 c 198 § 6; RRS § 3107. Prior: 1919 c 6 § 6; 1917
c 161 § 6; RCS § 3107.]
16.08.030 Marauding dog—Duty of owner to kill.
It shall be the duty of any person owning or keeping any
(2002 Ed.)
16.04.100
dog or dogs which shall be found killing any domestic
animal to kill such dog or dogs within forty-eight hours after
being notified of that fact, and any person failing or neglecting to comply with the provisions of this section shall be
deemed guilty of a misdemeanor, and it shall be the duty of
the sheriff or any deputy sheriff to kill any dog found
running at large (after the first day of August of any year
and before the first day of March in the following year)
without a metal identification tag. [1929 c 198 § 7; RRS §
3108. Prior: 1919 c 6 § 7; 1917 c 161 § 7; RCS § 3108.]
16.08.040 Dog bites—Liability. The owner of any
dog which shall bite any person while such person is in or
on a public place or lawfully in or on a private place
including the property of the owner of such dog, shall be
liable for such damages as may be suffered by the person
bitten, regardless of the former viciousness of such dog or
the owner’s knowledge of such viciousness. [1941 c 77 § 1;
Rem. Supp. 1941 § 3109-1.]
16.08.050 Entrance on private property, when
lawful. A person is lawfully upon the private property of
such owner within the meaning of RCW 16.08.040 when
such person is upon the property of the owner with the
express or implied consent of the owner: PROVIDED, That
said consent shall not be presumed when the property of the
owner is fenced or reasonably posted. [1979 c 148 § 1;
1941 c 77 § 2; Rem. Supp. 1941 § 3109-2.]
16.08.060 Provocation as a defense. Proof of
provocation of the attack by the injured person shall be a
complete defense to an action for damages. [1941 c 77 § 3;
Rem. Supp. 1941 § 3109-3.]
16.08.070 Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 16.08.070 through
16.08.100.
(1) "Potentially dangerous dog" means any dog that
when unprovoked: (a) Inflicts bites on a human or a
domestic animal either on public or private property, or (b)
chases or approaches a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent
attitude of attack, or any dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause
injury, or to cause injury or otherwise to threaten the safety
of humans or domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts
severe injury on a human being without provocation on
public or private property, (b) kills a domestic animal
without provocation while the dog is off the owner’s
property, or (c) has been previously found to be potentially
dangerous because of injury inflicted on a human, the owner
having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations requiring
multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while
on the owner’s property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or
[Title 16 RCW—page 3]
16.08.070
Title 16 RCW: Animals and Livestock
structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or
structure shall have secure sides and a secure top, and shall
also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting
alone or in concert with other local governmental units for
enforcement of the animal control laws of the city, county,
and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual
employed, contracted with, or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating
to the licensure of animals, control of animals, or seizure and
impoundment of animals, and includes any state or local law
enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and
impoundment of any animal.
(7) "Owner" means any person, firm, corporation,
organization, or department possessing, harboring, keeping,
having an interest in, or having control or custody of an
animal. [2002 c 244 § 1; 1987 c 94 § 1.]
Severability—1987 c 94: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 94 § 6.]
16.08.080 Dangerous dogs—Notice to owners—
Right of appeal—Certificate of registration required—
Surety bond—Liability insurance—Restrictions. (1) Any
city or county that has a notification and appeal procedure
with regard to determining a dog within its jurisdiction to be
dangerous may continue to utilize or amend its procedure.
A city or county animal control authority that does not have
a notification and appeal procedure in place as of June 13,
2002, and seeks to declare a dog within its jurisdiction, as
defined in subsection (7) of this section, to be dangerous
must serve notice upon the dog owner in person or by
regular and certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the
proposed action; the reasons the authority considers the
animal dangerous; a statement that the dog is subject to
registration and controls required by this chapter, including
a recitation of the controls in subsection (6) of this section;
and an explanation of the owner’s rights and of the proper
procedure for appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination,
the authority shall notify the owner in writing that he or she
is entitled to an opportunity to meet with the authority, at
which meeting the owner may give, orally or in writing, any
reasons or information as to why the dog should not be
declared dangerous. The notice shall state the date, time,
and location of the meeting, which must occur prior to
expiration of fifteen calendar days following delivery of the
notice. The owner may propose an alternative meeting date
and time, but such meeting must occur within the fifteen-day
time period set forth in this section. After such meeting, the
authority must issue its final determination, in the form of a
written order, within fifteen calendar days. In the event the
authority declares a dog to be dangerous, the order shall
include a recital of the authority for the action, a brief
concise statement of the facts that support the determination,
[Title 16 RCW—page 4]
and the signature of the person who made the determination.
The order shall be sent by regular and certified mail, return
receipt requested, or delivered in person to the owner at the
owner’s last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must
follow the appeal procedure set forth by that jurisdiction. If
the local jurisdiction has not provided for an administrative
appeal, the owner may appeal a municipal authority’s final
determination that the dog is dangerous to the municipal
court, and may appeal a county animal control authority’s or
county sheriff’s final determination that the dog is dangerous
to the district court. The owner must make such appeal
within twenty days of receiving the final determination.
While the appeal is pending, the authority may order that the
dog be confined or controlled in compliance with RCW
16.08.090. If the dog is determined to be dangerous, the
owner must pay all costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog
in the state without a certificate of registration issued under
this section. This section and RCW 16.08.090 and 16.08.100
shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code
requirement, the animal control authority of the city or
county in which an owner has a dangerous dog shall issue a
certificate of registration to the owner of such animal if the
owner presents to the animal control unit sufficient evidence
of:
(a) A proper enclosure to confine a dangerous dog and
the posting of the premises with a clearly visible warning
sign that there is a dangerous dog on the property. In
addition, the owner shall conspicuously display a sign with
a warning symbol that informs children of the presence of a
dangerous dog;
(b) A surety bond issued by a surety insurer qualified
under chapter 48.28 RCW in a form acceptable to the animal
control authority in the sum of at least two hundred fifty
thousand dollars, payable to any person injured by the
dangerous dog; or
(c) A policy of liability insurance, such as homeowner’s
insurance, issued by an insurer qualified under Title 48
RCW in the amount of at least two hundred fifty thousand
dollars, insuring the owner for any personal injuries inflicted
by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an
incorporated area that is serviced by both a city and a county
animal control authority, the owner shall obtain a certificate
of registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal
control authority, the owner shall obtain a certificate of
registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal
control authority, the owner shall obtain a certificate of
registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county
does not allow dangerous dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in
addition to regular dog licensing fees, to register dangerous
dogs.
(2002 Ed.)
Dogs
(9) Nothing in this section limits a local authority in
placing additional restrictions upon owners of dangerous
dogs. This section does not require a local authority to
allow a dangerous dog within its jurisdiction. [2002 c 244
§ 2; 1989 c 26 § 3; 1987 c 94 § 2.]
Severability—1987 c 94: See note following RCW 16.08.070.
16.08.090 Dangerous dogs—Requirements for
restraint—Potentially dangerous dogs—Dogs not declared
dangerous. (1) It is unlawful for an owner of a dangerous
dog to permit the dog to be outside the proper enclosure
unless the dog is muzzled and restrained by a substantial
chain or leash and under physical restraint of a responsible
person. The muzzle shall be made in a manner that will not
cause injury to the dog or interfere with its vision or
respiration but shall prevent it from biting any person or
animal.
(2) Potentially dangerous dogs shall be regulated only
by local, municipal, and county ordinances. Nothing in this
section limits restrictions local jurisdictions may place on
owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat,
injury, or damage was sustained by a person who, at the
time, was committing a wilful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been
observed or reported to have tormented, abused, or assaulted
the dog or was committing or attempting to commit a crime.
[1987 c 94 § 3.]
Severability—1987 c 94: See note following RCW 16.08.070.
16.08.100 Dangerous dogs—Confiscation—
Conditions—Duties of animal control authority—
Penalties and affirmative defenses for owners of dogs
that attack—Dog fights, penalty. (1) Any dangerous dog
shall be immediately confiscated by an animal control
authority if the: (a) Dog is not validly registered under
RCW 16.08.080; (b) owner does not secure the liability
insurance coverage required under RCW 16.08.080; (c) dog
is not maintained in the proper enclosure; or (d) dog is
outside of the dwelling of the owner, or outside of the
proper enclosure and not under physical restraint of the
responsible person. The owner must pay the costs of
confinement and control. The animal control authority must
serve notice upon the dog owner in person or by regular and
certified mail, return receipt requested, specifying the reason
for the confiscation of the dangerous dog, that the owner is
responsible for payment of the costs of confinement and
control, and that the dog will be destroyed in an expeditious
and humane manner if the deficiencies for which the dog
was confiscated are not corrected within twenty days. The
animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any
deficiencies required by this subsection are not corrected
within twenty days of notification. In addition, the owner
shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another
domestic animal, the dog’s owner is guilty of a class C
felony, punishable in accordance with RCW 9A.20.021. It
(2002 Ed.)
16.08.080
is an affirmative defense that the defendant must prove by a
preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog
pursuant to this chapter and the person or domestic animal
attacked or bitten by the defendant’s dog trespassed on the
defendant’s real or personal property or provoked the
defendant’s dog without justification or excuse. In addition,
the dangerous dog shall be immediately confiscated by an
animal control authority, placed in quarantine for the proper
length of time, and thereafter destroyed in an expeditious and
humane manner.
(3) The owner of any dog that aggressively attacks and
causes severe injury or death of any human, whether or not
the dog has previously been declared potentially dangerous
or dangerous, shall, upon conviction, be guilty of a class C
felony punishable in accordance with RCW 9A.20.021. It is
an affirmative defense that the defendant must prove by a
preponderance of the evidence that the human severely
injured or killed by the defendant’s dog: (a) Trespassed on
the defendant’s real or personal property which was enclosed
by fencing suitable to prevent the entry of young children
and designed to prevent the dog from escaping and marked
with clearly visible signs warning people, including children,
not to trespass and to beware of dog; or (b) provoked the
defendant’s dog without justification or excuse on the
defendant’s real or personal property which was enclosed by
fencing suitable to prevent the entry of young children and
designed to prevent the dog from escaping and marked with
clearly visible signs warning people, including children, not
to trespass and to beware of dog. In such a prosecution, the
state has the burden of showing that the owner of the dog
either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may
not meet its burden of proof that the owner should have
known the dog was potentially dangerous solely by showing
the dog to be a particular breed or breeds. In addition, the
dog shall be immediately confiscated by an animal control
authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner.
(4) Any person entering a dog in a dog fight is guilty of
a class C felony punishable in accordance with RCW
9A.20.021. [2002 c 244 § 3; 1987 c 94 § 4.]
Severability—1987 c 94: See note following RCW 16.08.070.
Chapter 16.10
DOGS—LICENSING—DOG CONTROL ZONES
Sections
16.10.010
16.10.020
Purpose.
Dog control zones—Determination of need by county commissioners.
16.10.030 Dog control zones—Public hearing, publication of notice.
16.10.040 Dog control zones—Regulations—License fees, collection,
disposition.
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty: RCW
9.08.070.
16.10.010 Purpose. The purpose of this chapter is to
provide for the licensing of dogs within specific areas of
particular counties. [1969 c 72 § 1.]
[Title 16 RCW—page 5]
16.10.020
Title 16 RCW: Animals and Livestock
16.10.020 Dog control zones—Determination of
need by county commissioners. County commissioners
may, if the situation so requires, establish dog control zones
within high density population districts, or other specified areas, of a county outside the corporate limits of any city, and
outside the corporate limits of any organized township. For
such zones, licensing regulations may be established which
shall not necessarily be operative in sparsely settled rural
districts, or in other portions of the county where they may
not be needed. In determining the need for such zones, and
in drawing their boundaries, county commissioners shall take
into consideration the following factors:
(1) The density of population in the area proposed to be
zoned;
(2) Zoning regulations, if any, in force in the area
proposed to be zoned;
(3) The public health, safety and welfare within the area
proposed to be zoned.
If the commissioners shall find that the area proposed to
be zoned is heavily populated, or that the purposes for which
the land is being used therein require that dogs be controlled,
or that the health, safety, and welfare of the people in the
area require such control, they may propose the establishment of a dog control zone. [1969 c 72 § 2.]
16.10.030 Dog control zones—Public hearing,
publication of notice. In determining whether a dog control
zone should be established, the county commissioners shall
call a public hearing, notice of which shall be published once
a week for each of four consecutive weeks prior thereto in
a newspaper of general circulation within the proposed zone.
At such a hearing, proponents and opponents of the proposed
dog control zone may appear and present their views. The
final decision of the commissioners with respect to the
establishment of such a zone shall not be made until the
conclusion of the hearing. [1969 c 72 § 3.]
16.10.040 Dog control zones—Regulations—License
fees, collection, disposition. The county commissioners
shall by ordinance promulgate the regulations to be enforced
within a dog control zone. These shall include provisions
for the control of unlicensed dogs and the establishment of
license fees. The county sheriff and/or other agencies
designated by the county commissioners shall be responsible
for the enforcement of the act, including the collection of
license fees. Fees collected shall be transferred to the
current expense fund of each county. [1969 c 72 § 4.]
Chapter 16.24
STOCK RESTRICTED AREAS
Sections
16.24.010
16.24.020
16.24.030
16.24.040
16.24.050
16.24.060
16.24.065
16.24.070
16.24.090
Restricted areas—Range areas.
Hearing—Notice.
Order establishing area—Publication.
Penalty.
Change of boundaries.
Road signs in range areas.
Stock at large in restricted areas—Running at large on state
or federal land.
Stock on highway right-of-way—Limitations.
Animals at large—Limitations—Defense.
[Title 16 RCW—page 6]
16.24.100
16.24.110
16.24.120
16.24.130
16.24.140
16.24.150
16.24.160
16.24.170
16.24.180
16.24.190
16.24.200
16.24.210
16.24.220
16.24.230
Prosecution—Proof of ownership.
Public nuisance—Impounding.
Impounding—Procedure.
Impounding—Notice—Copy to owner.
Impounding—Owner to pay costs.
Sale of impounded animal—Retroactive effect.
Conduct of sale—Disposition of proceeds.
Purchase of animal, restrictions.
Castration or gelding of stock at large.
Bull breed restrictions.
Bull ratio restrictions.
Bull breed and ratio restrictions not applicable to counties
west of Cascades.
Separating estrays from herd.
Moving another’s livestock from range.
16.24.010 Restricted areas—Range areas. The
county legislative authority of any county of this state shall
have the power to designate by an order made and published,
as provided in RCW 16.24.030, certain territory as stock
restricted area within such county in which it shall be unlawful to permit livestock of any kind to run at large. No
territory so designated shall be less than two square miles in
area. RCW 16.24.010 through 16.24.065 shall not affect
counties having adopted township organization. All territory
not so designated shall be range area, in which it shall be
lawful to permit cattle, horses, mules, or donkeys to run at
large: PROVIDED, That the county legislative authority
may designate areas where it shall be unlawful to permit any
livestock other than cattle to run at large. [1989 c 286 § 4;
1937 c 40 § 1; 1911 c 25 § 1; RRS § 3068. Prior: 1907 c
230 § 1; 1905 c 91 § 1; R & B § 3166.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.020 Hearing—Notice. *Within sixty days after
the taking effect of RCW 16.24.010 through 16.24.065, the
county legislative authority of each of the several counties of
the state may make an order fixing a time and place when a
hearing will be had, notice of which shall be published at
least once each week for two successive weeks in some
newspaper having a general circulation within the county.
It shall be the duty of the county legislative authority at the
time fixed for such hearing, or at the time to which such
hearing may be adjourned, to hear all persons interested in
the establishment of range areas or stock restricted areas as
defined in RCW 16.24.010 through 16.24.065. [1989 c 286
§ 5; 1937 c 40 § 2; 1923 c 33 § 1; 1911 c 25 § 2; RRS §
3069.]
*Reviser’s note: RCW 16.24.010 through 16.24.065 took effect
March 1, 1937.
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.030 Order establishing area—Publication.
Within thirty days after the conclusion of any such hearing
the county legislative authority shall make an order describing the stock restricted areas within the county where
livestock may not run at large, which order shall be entered
upon the records of the county and published in a newspaper
having general circulation in such county at least once each
week for four successive weeks. [1989 c 286 § 6; 1937 c 40
§ 3; 1923 c 33 § 2; 1911 c 25 § 3; RRS § 3070.]
Severability—1989 c 286: See note following RCW 16.04.010.
(2002 Ed.)
Stock Restricted Areas
16.24.040 Penalty. Any person, or any agent,
employee or representative of a corporation, violating any of
the provisions of such order after the same shall have been
published or posted as provided in RCW 16.24.030 or, violating any provision of this chapter, shall be guilty of a
misdemeanor. [1975 c 38 § 1; 1911 c 25 § 4; RRS § 3071.]
16.24.050 Change of boundaries. When the county
legislative authority of any county deem[s] it advisable to
change the boundary or boundaries of any stock restricted
area, a hearing shall be held in the same manner as provided
in RCW 16.24.020. If the county legislative authority
decides to change the boundary or boundaries of any stock
restricted area or areas, it shall within thirty days after the
conclusion of such hearing make an order describing said
change or changes. Such order shall be entered upon the
records of the county and published in a newspaper having
general circulation in such county once each week for four
successive weeks. [1989 c 286 § 7; 1937 c 40 § 4; 1923 c
93 § 1; RRS § 3070-1.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.060 Road signs in range areas. At the point
where a public road enters a range area, and at such other
points thereon within such area as the county legislative
authority shall designate, there shall be erected a road sign
bearing the words: "RANGE AREA. WATCH OUT FOR
LIVESTOCK." [1989 c 286 § 8; 1937 c 40 § 5; RRS §
3070-2.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.065 Stock at large in restricted areas—
Running at large on state or federal land. (1) No person
owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock
restricted area or to wander or stray upon the right-of-way of
any public highway lying within a stock restricted area when
not in the charge of some person.
(2) Livestock may run at large upon lands belonging to
the state of Washington or the United States only when the
owner of the livestock has been granted grazing privileges in
writing. [1989 c 286 § 9; 1985 c 415 § 20; 1937 c 40 § 6;
RRS § 3070-3. Formerly RCW 16.24.070, part.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.070 Stock on highway right-of-way—
Limitations. It shall be unlawful for any person to herd or
move any livestock over, along or across the right-of-way of
any public highway, or portion thereof, within any stock
restricted area, without having in attendance a sufficient
number of persons to control the movement of such livestock
and to warn or otherwise protect vehicles traveling upon
such public highway from any danger by reason of such
livestock being herded or moved thereon. [1989 c 286 § 10;
1937 c 189 § 127; RRS § 6360-127, part. Prior: 1927 c
309 § 41, part; RRS § 6362-41, part. FORMER PART OF
SECTION: 1937 c 40 § 6; RRS § 3070-3, now codified as
RCW 16.24.065. Formerly RCW 16.24.070 and 16.24.080.]
16.24.040
16.24.090 Animals at large—Limitations—Defense.
Except as provided in chapter 16.24 RCW, a person who
owns or has possession, charge, or control of horses, mules,
donkeys, cattle, goats, sheep or swine shall not negligently
allow them to run at large at any time or within any territory. It shall not be necessary for any person to fence against
such animals, and it shall be no defense to any action or
proceedings brought pursuant to this chapter or chapter 16.04
RCW that the party injured by or restraining such animals
did not have his or her lands enclosed by a lawful fence:
PROVIDED, That such animals may be driven upon the
highways while in charge of sufficient attendants. [1989 c
286 § 14; 1911 c 25 § 5; RRS § 3072. Formerly RCW
16.12.010, part.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.100 Prosecution—Proof of ownership. In any
prosecution under chapter 16.24 RCW proof that the animal
running at large is branded with the registered or known
brand of the defendant shall be prima facie evidence that the
defendant is the owner of said animal. [1989 c 286 § 3;
1895 c 124 § 2; RRS § 3086. Formerly RCW 16.16.020.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.110 Public nuisance—Impounding. Any
horses, mules, donkeys, or cattle of any age running at large
or trespassing in violation of chapter 16.24 RCW as now or
hereafter amended, which are not restrained as provided by
RCW 16.04.010, are declared to be a public nuisance. The
sheriff of the county where found and the nearest brand
inspector shall have authority to impound such animals
which are not restrained as provided by RCW 16.04.010.
[1989 c 286 § 11; 1985 c 415 § 16; 1979 c 154 § 6; 1975
1st ex.s. c 7 § 14; 1951 c 31 § 2. Formerly RCW
16.13.020.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.
16.24.120 Impounding—Procedure. Upon taking
possession of any livestock at large contrary to the provisions of *RCW 16.13.020, or any unclaimed livestock
submitted or impounded, by any person, at any public
livestock market or any other facility approved by the
director, the sheriff or brand inspector shall cause it to be
transported to and impounded at the nearest public livestock
market licensed under chapter 16.65 RCW or at such place
as approved by the director. If the sheriff has impounded an
animal in accordance with this section, he shall forthwith
notify the nearest brand inspector of the department of agriculture, who shall examine the animal and, by brand, tattoo,
or other identifying characteristic, shall attempt to ascertain
the ownership thereof. [1989 c 286 § 12; 1979 c 154 § 7;
1975 1st ex.s. c 7 § 15; 1951 c 31 § 3. Formerly RCW
16.13.030.]
*Reviser’s note: RCW 16.13.020 was recodified as RCW 16.24.110
pursuant to 1989 c 286 § 18.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.130 Impounding—Notice—Copy to owner.
The brand inspector shall cause to be published once in a
(2002 Ed.)
[Title 16 RCW—page 7]
16.24.130
Title 16 RCW: Animals and Livestock
newspaper published in the county where the animal was
found, a notice of the impounding.
The notice shall state:
(1) A description of the animal, including brand, tattoo
or other identifying characteristics;
(2) When and where found;
(3) Where impounded; and
(4) That if unclaimed, the animal will be sold at a
public livestock market sale or other public sale, and the date
of such sale: PROVIDED, That if no newspaper shall be
published in such county, copies of the notice shall be posted
at four commonly frequented places therein.
If the animal is marked with a brand or tattoo which is
registered with the director of agriculture, the brand inspector, on or before the date of publication or posting, shall
send a copy of the notice to the owner of record by registered mail. [1995 c 374 § 69; 1975 1st ex.s. c 7 § 16; 1951
c 31 § 4. Formerly RCW 16.13.040.]
Effective date—1995 c 374 §§ 69, 70, and 72-79: "Sections 69, 70,
and 72 through 79 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [May 16,
1995]." [1995 c 374 § 82.]
16.24.140 Impounding—Owner to pay costs. Upon
claiming any animal impounded under this chapter, the
owner shall pay all costs of transportation, advertising, legal
proceedings, and keep of the animal, except as provided
under RCW 16.04.100. [1994 c 263 § 2; 1989 c 286 § 13;
1951 c 31 § 5. Formerly RCW 16.13.050.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.150 Sale of impounded animal—Retroactive
effect. If no person shall claim the animal within ten days
after the date of publication or posting of the notice, it shall
be sold at the next succeeding public livestock market sale
to be held at the sales yard where impounded, provided that
in the director’s discretion the department of agriculture may
otherwise cause the animal to be sold at public sale.
The legislature intends this to be a clarification of
existing law; therefore, this section shall have retroactive
effect as of December 1, 1994. [1995 c 374 § 70; 1975 1st
ex.s. c 7 § 17; 1951 c 31 § 6. Formerly RCW 16.13.060.]
Effective date—1995 c 374 §§ 69, 70, and 72-79: See note
following RCW 16.24.130.
16.24.160 Conduct of sale—Disposition of proceeds.
The proceeds of the sale of animals impounded under this
chapter, after deducting the costs of sale, shall be impounded
in the estray fund of the department of agriculture, and if no
valid claim is made within one year from the date of sale,
the director of the department of agriculture shall transfer the
proceeds of sale to the brand fund of the department to be
used for the enforcement of this chapter. [1985 c 415 § 17;
1951 c 31 § 7. Formerly RCW 16.13.070.]
16.24.170 Purchase of animal, restrictions. No law
enforcement officer shall, directly or indirectly, purchase any
animal sold under the provisions of this chapter, or any
interest therein. [1951 c 31 § 8. Formerly RCW 16.13.080.]
[Title 16 RCW—page 8]
16.24.180 Castration or gelding of stock at large.
It shall be lawful for any person having cows or heifers
running at large in this state to take up or capture and
castrate, at the risk of the owner, at any time between the
first day of March and the fifteenth day of May, any bull
above the age of ten months found running at large out of
the enclosed grounds of the owner or keeper. It shall be
lawful for any person to take up or capture and geld, at the
risk of the owner, between April 1 and September 30 of any
year, any stud horse or jackass or any male mule above the
age of eighteen months found running at large out of the
enclosed grounds of the owner or keeper. If the said animal
shall die, as a result of such castration, the owner shall have
no recourse against the person who shall have taken up or
captured and castrated, or caused to be castrated, the said
animal: PROVIDED, Such act of castration shall have been
skillfully done by a person accustomed to doing the same:
AND PROVIDED FURTHER, That if the person so taking
up or capturing such animal, or causing it to be so taken up
or captured, shall know the owner or keeper of such animal,
and shall know that said animal is being kept for breeding
purposes, it shall be his duty forthwith to notify such owner
or keeper of the taking up of said animal, and if such owner
or keeper shall not within two days after being so notified
pay for the reasonable costs of keeping of said animal, and
take and safely keep said animal thereafter within his own
enclosures, then it shall be lawful for the taker-up of said
animal to castrate the same, and the owner thereof shall pay
a reasonable sum for such act of castration, if done skillfully,
as hereinbefore required, and shall also pay for the keeping
of said animal as above provided, and the amount for which
he may be liable therefor may be recovered in an action at
law in any court having jurisdiction thereof: AND PROVIDED FURTHER, That if said animal should be found
running at large a third time within the same year, and
within the prohibited dates hereinbefore mentioned, it shall
be lawful for any person to capture and castrate the animal
without giving any notice to the owner or keeper whatever.
For purposes of this section, geld and castrate shall have the
same meaning. [1989 c 286 § 15; 1965 c 66 § 4; 1890 p
453 § 1; RRS § 3081. Formerly RCW 16.20.010.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.190 Bull breed restrictions. It shall be
unlawful for any person, firm, association or corporation to
turn upon or allow to run at large on any range area in this
state any bull other than a registered bull of a recognized
beef breed. All persons running cattle in common on any
range area may, however, agree to run any purebred or
crossbred bull of any breed, registered or unregistered, as
they may deem appropriate for their area. [1986 c 177 § 1;
1985 c 415 § 18; 1917 c 111 § 1; RRS § 3082. Formerly
RCW 16.20.020.]
16.24.200 Bull ratio restrictions. Before any person,
firm, association or corporation turns upon a range area in
this state any female cattle of breeding age of more than
fifteen in number, they shall procure and turn with said
female breeding cattle one registered bull of recognized beef
breed for every forty females or fraction thereof of twentyfive or over. All persons running cattle in common on any
(2002 Ed.)
Stock Restricted Areas
range area may, however, agree to any other proportion of
bulls to female cattle of breeding age as they may deem appropriate for their area. [1986 c 177 § 2; 1917 c 111 § 2;
RRS § 3083. Formerly RCW 16.20.030.]
16.24.210 Bull breed and ratio restrictions not
applicable to counties west of Cascades. RCW 16.24.190
and 16.24.200 shall not apply to counties lying west of the
summit of the Cascade mountains. [1989 c 286 § 17; 1985
c 415 § 19. Formerly RCW 16.20.035.]
Severability—1989 c 286: See note following RCW 16.04.010.
16.24.220 Separating estrays from herd. It shall be
the duty of any and all persons searching or hunting for stray
horses, mules or cattle, to drive the band or herd in which
they may find their stray horses, mules or cattle, into the
nearest corral before separating their said stray animals from
the balance of the herd or band; that in order to separate
their said stray animals from the herd or band, the person or
persons owning said stray shall drive them out of and away
from the corral in which they may be driven before setting
the herd at large. [1989 c 286 § 16; 1987 c 202 § 181; 1969
ex.s. c 199 § 14; Code 1881 § 2537; RRS § 3050. Prior:
1869 pp 408, 409 §§ 1, 2. Formerly RCW 16.28.160.]
Severability—1989 c 286: See note following RCW 16.04.010.
Intent—1987 c 202: See note following RCW 2.04.190.
16.24.230 Moving another’s livestock from range.
No person shall remove any livestock belonging to another
from the range on which they are permitted to run at large,
without the prior consent of the owner thereof. The owner
of any livestock may move his or her own livestock,
together with such other livestock as cannot be separated
from his or her own, to the nearest corral, or other facility
in order to separate his or her own livestock, if the other
livestock are returned to the same location from which they
were moved within twenty-four hours. [1985 c 415 § 21;
1891 c 12 § 1; RRS § 3048. Formerly RCW 16.28.170,
part. Formerly RCW 16.28.165.]
Chapter 16.36
ANIMAL HEALTH
(Formerly: Diseases—Quarantine—Garbage feeding)
Sections
16.36.005
16.36.010
16.36.020
16.36.025
16.36.040
16.36.050
16.36.060
16.36.070
16.36.080
16.36.082
16.36.084
16.36.086
16.36.090
(2002 Ed.)
Definitions.
Quarantine—Hold order.
Powers of director.
Recovery of costs.
Rules—Prevention—Inspections and tests—Reportable disease—Federal regulations.
Unlawful actions—Importation—Required certificates—
Intentional or willful misconduct.
Tests or examinations—Entry onto premises—Unlawful
conduct.
Danger of infection—Emergencies.
Veterinarians and others to report diseases—Director’s duties—Unlawful importation.
Infected or exposed animals—Unlawful to transfer or expose
other animals.
Duty to report infection or exposure to disease—Unlawful
conduct.
Negligence of owner of infected livestock—Liability.
Destruction of diseased or quarantined animals.
16.24.200
16.36.096
16.36.098
Destruction of animals—Payment of indemnity.
Quarantine, hold, or destruct order—Written request for
hearing.
16.36.100 Cooperation with other governmental agencies.
16.36.105 Swine, garbage feeding, license—Application—Fee—
Inspection.
16.36.110 Violations, gross misdemeanor—Injunction—Denial, revocation, or suspension of license.
16.36.128 Application of Title 77 RCW.
Implied warranty not applying to livestock as free from disease: RCW
62A.2-316.
16.36.005 Definitions. As used in this chapter:
"Animal" means all members of the animal kingdom
except humans, fish, and insects. However, "animal" does
not mean noncaptive wildlife as defined in RCW
77.08.010(16), except as used in RCW 16.36.050(1) and
16.36.080 (1), (2), (3), and (5).
"Animal reproductive product" means sperm, ova,
fertilized ova, and embryos from animals.
"Farm-raised fish" means fish raised by aquaculture as
defined in RCW 15.85.020. Farm-raised fish are considered
to be a part of animal agriculture; however, disease inspection, prevention, and control programs and related activities
for farm-raised fish are administered by the department of
fish and wildlife under *chapter 75.58 RCW.
"Communicable disease" means a disease due to a
specific infectious agent or its toxic products transmitted
from an infected person, animal, or inanimate reservoir to a
susceptible host, either directly or indirectly through an
intermediate plant or animal host, vector, or the environment.
"Contagious disease" means a communicable disease
that is capable of being easily transmitted from one animal
to another animal or a human.
"Director" means the director of agriculture of the state
of Washington or his authorized representative.
"Department" means the department of agriculture of the
state of Washington.
"Deputized state veterinarian" means a Washington state
licensed and accredited veterinarian appointed and compensated by the director according to state law and department
policies.
"Garbage" means the solid animal and vegetable waste
and offal together with the natural moisture content resulting
from the handling, preparation, or consumption of foods in
houses, restaurants, hotels, kitchens, markets, meat shops,
packing houses and similar establishments or any other food
waste containing meat or meat products.
"Herd or flock plan" means a written management
agreement between the owner of a herd or flock and the
state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the area
veterinarian-in-charge of the United States department of
agriculture, animal and plant health inspection service,
veterinary services in which each participant agrees to undertake actions specified in the herd or flock plan to control the
spread of infectious, contagious, or communicable disease
within and from an infected herd or flock and to work
toward eradicating the disease in the infected herd or flock.
"Hold order" means an order by the director to the
owner or agent of the owner of animals or animal reproductive products which restricts the animals or products to a
designated holding location pending an investigation by the
[Title 16 RCW—page 9]
16.36.005
Title 16 RCW: Animals and Livestock
director of the disease, disease exposure, well-being, movement, or import status of the animals or animal reproductive
products.
"Infectious agent" means an organism including viruses,
rickettsia, bacteria, fungi, protozoa, helminthes, or prions that
is capable of producing infection or infectious disease.
"Infectious disease" means a clinical disease of man or
animals resulting from an infection with an infectious agent
that may or may not be communicable or contagious.
"Livestock" means horses, mules, donkeys, cattle, bison,
sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry,
waterfowl, game birds, and other species so designated by
statute. "Livestock" does not mean free ranging wildlife as
defined in Title 77 RCW.
"Person" means a person, persons, firm, or corporation.
"Quarantine" means the placing and restraining of any
animal or its reproductive products by the owner or agent of
the owner within a certain described and designated enclosure or area within this state, or the restraining of any animal
or its reproductive products from entering this state, as may
be directed in an order by the director.
"Reportable disease" means a disease designated by rule
by the director as reportable to the department by veterinarians and others made responsible to report by statute.
"Veterinary biologic" means any virus, serum, toxin, and
analogous product of natural or synthetic origin, or product
prepared from any type of genetic engineering, such as
diagnostics, antitoxins, vaccines, live microorganisms, killed
microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals. [1998 c 8 § 1; 1987 c 163 § 1;
1953 c 17 § 1.]
*Reviser’s note: Chapter 75.58 RCW was recodified as chapter
77.115 RCW by 2000 c 107. See Comparative Table for that chapter in the
Table of Disposition of Former RCW Sections, Volume 0.
16.36.010 Quarantine—Hold order. (1) The director
shall supervise the prevention of the spread and the suppression of infectious, contagious, communicable, and dangerous
diseases affecting animals within, in transit through, and
imported into the state.
(2) The director may issue a quarantine order and
enforce the quarantine of any animal or its reproductive
products that is affected with or has been exposed to disease,
either within or outside the state. The quarantine shall
remain in effect as long as the director deems necessary.
(3) The director may issue a hold order when:
(a) Overt disease or exposure to disease in an animal is
not immediately obvious but there is reasonable cause to
investigate whether an animal is diseased or has been
exposed to disease;
(b) Import health papers, permits, or other transportation
documents required by law or rule are not complete or are
suspected to be fraudulent; or
(c) Further transport of an animal would jeopardize the
well-being of the animal or other animals in Washington
state.
A hold order is in effect for seven days and expires at
midnight on the seventh day from the date of the hold order.
A hold order may be replaced with a quarantine order for the
purpose of animal disease control.
[Title 16 RCW—page 10]
(4) Any animal or animal reproductive product placed
under a quarantine or hold order shall be kept separate and
apart from other animals designated in the instructions of the
quarantine or hold order, and shall not be allowed to have
anything in common with other animals.
(5) The expenses of handling and caring for any animal
or animal reproductive product placed under a quarantine or
hold order are the responsibility of the owner.
(6) The director has authority over the quarantine or
hold area until the quarantine or hold order is released or the
hold order expires.
(7) Any animal or animal reproductive product placed
under a quarantine or hold order may not be moved, transported, or sold without written approval from the director or
until the quarantine or hold order is released, or the hold
order expires.
(8) The director may administer oaths and examine
witnesses and records in the performance of his or her duties
to control diseases affecting animals. [1998 c 8 § 2; 1927
c 165 § 2; RRS § 3111. Prior: 1915 c 100 § 6, part; 1903
c 26 § 2, part.]
16.36.020 Powers of director. (1) The director shall
enforce and administer the provisions of this chapter pertaining to garbage feeding.
(2) The director has the authority to regulate the sale,
distribution, and use of veterinary biologics in the state and
may adopt rules to restrict the sale, distribution, or use of
any veterinary biologic in any manner necessary to protect
the health and safety of the public and the state’s animal
population.
(3) The director has the authority to license and regulate
the activities of veterinary laboratories that do not have a
veterinarian licensed under chapter 18.92 RCW present
within the management or staff of the veterinary laboratory.
The director may adopt rules to regulate these laboratories in
any manner necessary to protect the health and safety of the
public and the public’s animals. [1998 c 8 § 3; 1987 c 163
§ 2; 1979 c 154 § 8; 1953 c 17 § 2; 1947 c 172 § 1; 1933
c 177 § 1; 1927 c 165 § 1; formerly Rem. Supp. 1947 §
3110. Prior: 1915 c 100 § 5; 1901 c 112 § 2; 1895 c 167
§ 2.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.36.025 Recovery of costs. The director may
collect moneys to recover the reasonable costs of printing
and distributing certificates and other supplies to veterinarians. [1998 c 8 § 19.]
16.36.040 Rules—Prevention—Inspections and
tests—Reportable disease—Federal regulations. (1) The
director may adopt and enforce rules necessary to carry out
the purpose and provisions of this chapter, and including:
(a) Preventing the introduction or spreading of infectious, contagious, communicable, or dangerous diseases
affecting animals in this state;
(b) Governing the inspection and testing of all animals
within or about to be imported into this state; and
(c) Designating any disease as a reportable disease.
(2) Rules to prevent the introduction or spread of
infectious, contagious, communicable, or dangerous diseases
(2002 Ed.)
Animal Health
affecting animals in this state may differ from federal
regulations by being more restrictive. [1998 c 8 § 4; 1979
c 154 § 10; 1947 c 172 § 3; 1927 c 165 § 4; Rem. Supp.
1947 § 3113. Prior: 1915 c 100 § 4; 1901 c 112 § 2; 1895
c 167 § 2.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.36.050 Unlawful actions—Importation—
Required certificates—Intentional or willful misconduct.
It is unlawful for any person to:
(1) Bring into this state for any purpose any animals
without first having secured an official health certificate or
certificate of veterinary inspection, reviewed by the state
veterinarian of the state of origin that the animals meet the
health requirements of the state of Washington. This subsection does not apply to livestock imported into this state for
immediate slaughter, or other animals exempted by rule;
(2) Divert en route to other than an approved, inspected
feedlot for subsequent slaughter or to sell for other than
immediate slaughter or to fail to slaughter within seven
calendar days after arrival, any animal imported into this
state for immediate slaughter;
(3) Intentionally falsely make, complete, alter, use, or
sign an animal health certificate, certificate of veterinary
inspection, or official written animal health document of the
department;
(4) Willfully hinder, obstruct, or resist the director, or
any peace officer or deputized state veterinarian acting under
him or her, when engaged in the performance of their duties;
or
(5) Willfully fail to comply with or to violate any rule
or order adopted by the director under this chapter. [1998
c 8 § 5; 1979 c 154 § 11; 1947 c 172 § 4; 1927 c 165 § 5;
Rem. Supp. 1947 § 3114. Prior: 1915 c 100 § 7; 1905 c
169 § 1; 1903 c 125 § 1.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.36.060 Tests or examinations—Entry onto
premises—Unlawful conduct. The director has the authority to enter the animal premises of any animal owner at any
reasonable time to make tests on or examinations of any
animals for disease conditions when there is reasonable
evidence that animals on the premises are infected with or
have been exposed to a reportable disease. It is unlawful for
any person to interfere with the tests or examinations, or to
alter any segregation or identification systems made in
connection with the tests or examinations. [1998 c 8 § 6;
1985 c 415 § 2; 1979 c 154 § 12; 1947 c 172 § 5; 1927 c
165 § 6; Rem. Supp. 1947 § 3115. Prior: 1895 c 167 § 3.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.36.070 Danger of infection—Emergencies. When
any local governing body notifies the director of the presence or probable danger of infection from any animal
diseases, the director, state veterinarian, or a deputized state
veterinarian shall respond immediately and take appropriate
action. In case of an emergency, the director may appoint
deputies or assistants with equal power to act. [1998 c 8 §
7; 1947 c 172 § 6; 1927 c 165 § 7; Rem. Supp. 1947 §
3116. Prior: 1895 c 167 § 4.]
(2002 Ed.)
16.36.040
16.36.080 Veterinarians and others to report
diseases—Director’s duties—Unlawful importation. (1)
Any person licensed to practice veterinary medicine, surgery,
and dentistry in this state, veterinary laboratories, and others
designated by this chapter shall immediately report in writing
or by telephone, facsimile, or electronic mail to the director
the existence or suspected existence of any reportable disease
among animals within the state.
(2) Persons using their own diagnostic services must
report any reportable disease among animals within the state
to the director.
(3) The director shall investigate and/or maintain records
of all cases of reportable diseases among animals within this
state.
(4) The director may require appropriate treatment of
any animal affected with, suspected of being affected with,
or that has been exposed to any reportable disease. The
owner may dispose of the animal rather than treating the
animal as required by the director.
(5) It is unlawful for any person to import any animal
infected with or exposed to a reportable disease without a
permit from the director. [1998 c 8 § 8; 1947 c 172 § 7;
1927 c 165 § 8; Rem. Supp. 1947 § 3117.]
16.36.082 Infected or exposed animals—Unlawful to
transfer or expose other animals. (1) It is unlawful for
any person to sell, exchange, or give away any animal that
he or she knows:
(a) Is infected with any contagious, infectious, or
communicable disease;
(b) Has been exposed to any contagious, communicable,
or infectious disease within the previous thirty days; or
(c) Has been treated for any condition within the
previous thirty days;
without notifying the purchaser or person taking possession
of the animal of the infection, exposure, or treatment unless
the legal withdrawal period for any treatment has been met
or exceeded.
(2) It is unlawful for any owner or person in possession
of any animal having any contagious, communicable, or
infectious disease to knowingly:
(a) Turn out the animal onto enclosed lands adjoining
the enclosed lands of another that are kept for pasture or
otherwise used for raising animals without notifying the
owner of the enclosed lands; or
(b) Stable the animal or allow the animal to be stabled
in any barn with other animals without notifying the other
owners. [1998 c 8 § 14; 1927 c 165 § 26; RRS § 3135.
Prior: See Reviser’s note to RCW 16.44.020. Formerly
RCW 16.44.130.]
16.36.084 Duty to report infection or exposure to
disease—Unlawful conduct. Any person owning or having
in his or her control any livestock which become infected
with scrapie or another transmissible spongiform encephalopathy (TSE) or which have been exposed to such disease,
shall immediately report the disease or exposure to the
director. It is unlawful for any person to fail to report or to
attempt to conceal the existence of any such disease. [1998
c 8 § 15; 1927 c 165 § 28; RRS § 3137. Prior: See
[Title 16 RCW—page 11]
16.36.084
Title 16 RCW: Animals and Livestock
Reviser’s note to RCW 16.44.020. Formerly RCW
16.44.140.]
16.36.086 Negligence of owner of infected livestock—Liability. When any livestock affected with any
contagious, infectious, or communicable disease mingle with
any healthy livestock belonging to another person, through
the fault or negligence of the owner of the diseased livestock
or his or her agent, the owner is liable for all damages
sustained by the owner of the healthy livestock. [1998 c 8
§ 16; 1927 c 165 § 32; RRS § 3141. Prior: See Reviser’s
note to RCW 16.44.020. Formerly RCW 16.44.160.]
16.36.090 Destruction of diseased or quarantined
animals. When public welfare demands, the director may
order the slaughter or destruction of any animal affected with
or exposed to any contagious, infectious, or communicable
disease that is affecting or may affect the health of the
state’s animal population. The director may order destruction of any animal held under quarantine when the owner of
the animal fails or refuses to follow a herd or flock plan.
The director shall give a written order directing an animal be
destroyed by or under the direction of the state veterinarian.
[1998 c 8 § 9; 1985 c 415 § 3; 1979 c 154 § 13; 1947 c 172
§ 8; 1927 c 165 § 9; Rem. Supp. 1947 § 3118. Prior: 1901
c 112 § 3, part; 1895 c 167 § 5, part.]
Severability—1979 c 154: See note following RCW 15.49.330.
16.36.096 Destruction of animals—Payment of
indemnity. In ordering the slaughter or destruction of any
animal, the director may pay an indemnity in an amount not
to exceed seventy-five percent of the appraised or salvage
value of the animal ordered slaughtered or destroyed. The
actual indemnity amount shall be established by the director
by rule. Payment of indemnity does not apply to an animal:
(1) Belonging to the federal government or any of its
agencies, this state or any of its agencies, or any municipal
corporation; or (2) that has been brought into this state in
violation of this chapter or rules adopted under this chapter.
[1998 c 8 § 10; 1985 c 415 § 4; 1963 ex.s. c 8 § 1.]
16.36.098 Quarantine, hold, or destruct order—
Written request for hearing. Any person whose animal or
animal reproductive products are placed under a quarantine,
hold, or destruct order may request a hearing. The request
for a hearing must be in writing and filed with the director.
Any hearing will be held in conformance with RCW
34.05.422 and 34.05.479. [1998 c 8 § 17.]
16.36.100 Cooperation with other governmental
agencies. The director is authorized to cooperate with and
enter into agreements with governmental agencies of this
state, other states, and agencies of federal government in
order to carry out the purpose and provisions of this chapter
and to promote consistency of regulation. [1998 c 8 § 11;
1927 c 165 § 10; RRS § 3119. Prior: 1901 c 112 § 3, part;
1895 c 167 § 5, part.]
16.36.105 Swine, garbage feeding, license—
Application—Fee—Inspection. No person shall feed
[Title 16 RCW—page 12]
garbage to swine without first obtaining a license from the
director. The license expires on June 30th of each year.
Application for a license shall be accompanied by a fee of
ten dollars which shall be credited to the general fund. The
license is nontransferable and a separate license is required
for each place of business if an operator has more than one
feeding station.
Upon receipt of an application for a license to feed
garbage, the director shall inspect the premises and determine whether the applicant meets the requirements of 9 CFR
Chapter 1 Part 166 as adopted by rule and any other rules
adopted under this chapter. Upon approval of the application
by the director and compliance with the provisions of this
section, the applicant shall be issued a license. This section
does not apply to any person feeding garbage from his or her
own domestic household. [1998 c 8 § 12; 1953 c 17 § 4.]
Feeding of carcasses to swine: RCW 16.68.150.
16.36.110 Violations, gross misdemeanor—
Injunction—Denial, revocation, or suspension of license.
(1) Any person who violates any provision of this chapter or
the rules adopted under this chapter shall be guilty of a gross
misdemeanor. Each day upon which a violation occurs
constitutes a separate violation.
(2) The director may bring an action to enjoin the
violation of any provision of this chapter or any rule adopted
under this chapter in the superior court of Thurston county
or of the county in which such violation occurs notwithstanding the existence of other remedies at law.
(3) The director may deny, revoke, or suspend any
license issued under this chapter for any failure or refusal to
comply with this chapter or rules adopted under this chapter.
Upon notice by the director to deny, revoke, or suspend a
license, a person may request a hearing under chapter 34.05
RCW. [1998 c 8 § 13; 1989 c 354 § 35; 1981 c 296 § 14;
1957 c 22 § 5. Prior: 1953 c 17 § 8; 1927 c 165 § 33;
RRS § 3142.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
16.36.128 Application of Title 77 RCW. Certain
animals defined in this chapter as livestock or animal may
also meet the definition of wildlife contained in Title 77
RCW. This chapter does not allow importation, possession,
or uses of animals that are in violation of Title 77 RCW or
the rules adopted under that title, nor does it relieve the
owners or possessors of wildlife from full compliance with
the requirements of Title 77 RCW or the rules adopted under
that title. Rules adopted by the director shall not allow
importation, possession, or uses of animals that are in
violation of Title 77 RCW or the rules adopted under that
title. [1998 c 8 § 18.]
Chapter 16.38
LIVESTOCK DISEASES—DIAGNOSTIC
SERVICE PROGRAM
Sections
16.38.010
16.38.020
16.38.030
Declaration of purpose.
Director authorized to carry on diagnostic program.
Employment of personnel.
(2002 Ed.)
Livestock Diseases—Diagnostic Service Program
16.38.040 Agreements and/or contracts with other entities.
16.38.050 Acceptance of gifts, funds, equipment, etc.
16.38.060 Schedule of fees may be established—Use.
Implied warranty not applying to livestock as free from disease: RCW
62A.2-316.
16.38.010 Declaration of purpose. The production of
livestock is one of the largest industries in this state; and
whereas livestock disease constitutes a constant threat to the
public health and the production of livestock in this state;
and whereas the prevention and control of such livestock
diseases by the state may be best carried on by the establishment of a diagnostic service program for livestock
diseases; therefore it is in the public interest and for the
purpose of protecting health and general welfare that a
livestock diagnostic service program be established. [1969
c 100 § 1.]
16.38.020 Director authorized to carry on diagnostic program. The director of agriculture is hereby authorized to carry on a diagnostic service program for the
purpose of diagnosing any livestock disease which affects or
may affect any livestock which is or may be produced in this
state or otherwise handled in any manner for public distribution or consumption. [1969 c 100 § 2.]
16.38.030 Employment of personnel. In carrying out
such diagnostic service program the director of agriculture
may employ, subject to the state civil service act, chapter
41.06 RCW, the necessary personnel to properly effectuate
such diagnostic service program. [1969 c 100 § 3.]
16.38.040 Agreements and/or contracts with other
entities. In carrying out such diagnostic service program the
director of agriculture may enter into agreements and/or
contracts with any other governmental agencies whether state
or federal or public institution such as Washington State
University or private institutions and/or research organizations. [1969 c 100 § 4.]
16.38.050 Acceptance of gifts, funds, equipment,
etc. In carrying out such diagnostic service program, the
director of agriculture may accept public or private funds,
gifts or equipment or any other necessary properties. [1969
c 100 § 5.]
16.38.060 Schedule of fees may be established—Use.
The director may, following a public hearing, establish a
schedule of fees for services performed in carrying out such
diagnostic service program. All fees collected under this
provision shall be retained by the director of agriculture to
be spent only for carrying out the purposes of this chapter.
[1986 c 203 § 6; 1969 c 100 § 6.]
Severability—1986 c 203: See note following RCW 15.17.230.
(2002 Ed.)
Chapter 16.38
Chapter 16.49
CUSTOM SLAUGHTERING
Sections
16.49.005
16.49.015
16.49.025
16.49.035
16.49.045
16.49.055
16.49.065
16.49.075
16.49.085
16.49.095
16.49.105
16.49.115
16.49.125
Intent.
Definitions.
Rules.
Custom slaughtering and custom meat licenses—Generally.
Inspections.
Custom meat facilities—Conditions for preparation of inspected and uninspected meat.
Licensed custom farm slaughterer—Transport of offal.
Unlawful acts—Selling, trading, or giving away uninspected
meat or meat products—Interfering with director’s duties.
Violations of chapter or rules—Investigation by director—
Subpoenas.
Denial, suspension, revocation of license—Grounds—
Request for hearing.
Noncompliance with chapter or rules—Civil penalty.
Application of administrative procedure act.
Custom meat facilities—Sale of inspected meat—Ordinances
may be more restrictive.
16.49.005 Intent. This chapter is intended to safeguard the household user of uninspected and inspected meat
products from possible harm due to adulterated, misbranded,
or unfit meat or meat products or meat or meat products that
have been prepared under insanitary conditions. [2000 c 99
§ 1.]
16.49.015 Definitions. For the purposes of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
the director’s designee.
(3) "Custom farm slaughterer" means a person licensed
to slaughter meat food animals for the owner of the animal
through the use of a mobile unit.
(4) "Custom slaughtering establishment" means the
facility operated by a person licensed to slaughter meat food
animals for the owner of the animal at a fixed location.
(5) "Custom meat facility" means the facility operated
by a person licensed to prepare uninspected meat for the
owner of the uninspected meat. Operators of custom meat
facilities may also sell prepackaged inspected meat to any
person. This chapter does not prohibit the operator of a
custom meat facility from being licensed to prepare at the
facility and sell inspected meat to any person.
(6) "Inspected meat" means the carcasses or carcass
parts of meat food animals which have been slaughtered and
inspected at establishments subject to inspection under a
federal meat inspection act.
(7) "Uninspected meat" means the carcasses or carcass
parts of meat food animals that have been slaughtered by the
owner of the animals, a custom farm slaughterer, or at a
custom slaughtering establishment.
(8) "Household user" means the ultimate consumer,
members of the consumer’s household, and his or her
nonpaying guests and employees.
(9) "Person" means any individual, partnership, association, and corporation.
(10) "Meat food animal" means cattle, swine, sheep, or
goats.
[Title 16 RCW—page 13]
16.49.015
Title 16 RCW: Animals and Livestock
(11) "Meat food bird" means a ratite, such as an ostrich,
emu, or rhea.
(12) "Official establishment" means an establishment
operated for the purpose of slaughtering meat food animals
for sale or use as human food in compliance with the federal
meat inspection act.
(13) "Prepared" means smoked, salted, rendered, boned,
cut up, or otherwise processed. [2000 c 99 § 2; 1999 c 291
§ 28; 1987 c 77 § 4. Formerly RCW 16.49.435.]
compliance with this chapter and rules adopted under this
chapter.
(5) Licenses issued under this chapter expire June 30th
of each year.
(6) Licenses issued under this chapter are not transferrable. [2000 c 99 § 4; 1991 c 109 § 4; 1987 c 77 § 1; 1985
c 415 § 5; 1959 c 204 § 44. Formerly RCW 16.49.440.]
Savings—1987 c 77: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule, regulation, or order adopted under
those sections, and does not affect any proceeding instituted under those
sections." [1987 c 77 § 12.]
16.49.045 Inspections. To determine compliance with
this chapter and the rules adopted under this chapter, the
director may inspect the mobile unit of any custom farm
slaughterer and the premises of any custom slaughtering
establishment or custom meat facility at any reasonable time.
[2000 c 99 § 5; 1987 c 77 § 8. Formerly RCW 16.49.690.]
16.49.025 Rules. The director shall enforce and carry
out the provisions of this chapter and adopt rules necessary
to carry out its purpose. The rules may include, but are not
limited to:
(1) Requirements for construction, equipment, cleaning,
sanitation, and sanitary practices to ensure sanitary operations;
(2) Requirements for identification or tagging of meat
food animals slaughtered by licensees to maintain identification of the owner of the animal;
(3) Requirements for handling and storing inspected and
uninspected meats and meat products;
(4) Requirements for labeling meat and meat products;
and
(5) Requirements for slaughtering and processing of
meat food birds by licensees. [2000 c 99 § 3; 1987 c 77 §
5. Formerly RCW 16.49.680.]
Savings—1987 c 77: See note following RCW 16.49.015.
16.49.035 Custom slaughtering and custom meat
licenses—Generally. (1) It is unlawful for any person to
operate as a custom farm slaughterer or to operate a custom
slaughtering establishment or custom meat facility in the
state without first obtaining a license from the director.
Custom farm slaughterers must obtain a separate license for
each mobile unit. Separate licenses are required for each
custom slaughtering establishment and custom meat facility.
(2) Application for a license must be made on a form
prescribed by the director and accompanied by a twenty-five
dollar license fee. The application must include:
(a) The full name and address of the applicant. If the
applicant is a partnership or corporation, the application must
include the full name and address of each partner or officer;
(b) The physical location address of each establishment
or facility to be licensed;
(c) The name and address of a resident of this state
authorized to accept legal notices for the applicant; and
(d) Any other information prescribed by the director.
(3) If an application for renewal of a license and the license fee are not received by June 30th, the applicant must
pay an additional fee of twenty-five dollars before the
renewal license is issued.
(4) Initial issuance of a license requires a prelicense inspection by the director for compliance with this chapter and
rules adopted under this chapter. A license shall only be
issued after an applicant is found to be in substantial
[Title 16 RCW—page 14]
Savings—1987 c 77: See note following RCW 16.49.015.
Savings—1987 c 77: See note following RCW 16.49.015.
16.49.055 Custom meat facilities—Conditions for
preparation of inspected and uninspected meat. Inspected
and uninspected meat may only be prepared by a custom
meat facility under the following conditions:
(1) Inspected meat and meat products prepared from
inspected meat must be kept separated from uninspected
meat and meat products prepared from uninspected meat to
prevent inspected meat from coming into contact with
uninspected meat.
(2) Preparation of inspected meat and uninspected meat
must be done at different times.
(3) Equipment used in preparing uninspected meat or
products prepared from uninspected meat must be cleaned
and sanitized before being used to prepare inspected meat.
(4) Uninspected meat may be prepared only for the use
of the owner, who must be a household user.
(5) Uninspected meat and meat products prepared from
uninspected meat must be clearly marked and labeled "not
for sale".
(6) Packages of uninspected meat may not be stored in
a retail counter. [2000 c 99 § 6; 1987 c 77 § 3; 1985 c 415
§ 7; 1971 ex.s. c 98 § 3. Formerly RCW 16.49.610.]
Savings—1987 c 77: See note following RCW 16.49.015.
16.49.065 Licensed custom farm slaughterer—
Transport of offal. A licensed custom farm slaughterer
may transport the offal of a meat food animal he or she has
slaughtered for the owner, when it is transported as part of
a slaughtering transaction and the offal is handled in a
sanitary manner. [2000 c 99 § 7; 1967 ex.s. c 120 § 4.
Formerly RCW 16.49.451.]
16.49.075 Unlawful acts—Selling, trading, or giving
away uninspected meat or meat products—Interfering
with director’s duties. It is unlawful for any person to:
(1) Sell, trade, or give away uninspected meat or meat
products; or
(2) Interfere with the director in the performance of his
or her duties under this chapter or the rules adopted under
this chapter. [2000 c 99 § 8; 1987 c 77 § 9. Formerly
RCW 16.49.700.]
Savings—1987 c 77: See note following RCW 16.49.015.
(2002 Ed.)
Custom Slaughtering
16.49.085 Violations of chapter or rules—
Investigation by director—Subpoenas. The director may
investigate any violation or possible violation of this chapter
or any rule adopted under this chapter. To assist in such
investigation, the director may issue subpoenas to compel the
attendance of witnesses or to compel production of records
or documents anywhere in the state. [2000 c 99 § 9; 1987
c 77 § 10. Formerly RCW 16.49.710.]
Savings—1987 c 77: See note following RCW 16.49.015.
16.49.095 Denial, suspension, revocation of license—
Grounds—Request for hearing. The director may deny,
suspend, or revoke any license required under this chapter if
the director determines that an applicant or licensee has
committed any of the following acts:
(1) Refused, neglected, or failed to comply with the
provisions of this chapter, the rules adopted under this
chapter, or any lawful order of the director;
(2) Refused, neglected, or failed to keep and maintain
records required under this chapter or rules adopted under
this chapter to make the records available to the director on
request;
(3) Refused the director access to any facilities or parts
of the facilities for the purpose of carrying out the provisions
of this chapter or rules adopted under this chapter; or
(4) Refused, neglected, or failed to comply with any
provisions of chapter 69.04 RCW, intrastate commerce in
food, drugs, and cosmetics, or rules adopted under that
chapter.
Upon receipt of notice by the director to deny, suspend,
or revoke a license, a person may request a hearing under
chapter 34.05 RCW. [2000 c 99 § 10; 1994 c 128 § 1; 1985
c 415 § 12. Formerly RCW 16.49.444.]
16.49.105 Noncompliance with chapter or rules—
Civil penalty. Any person who fails to comply with this
chapter or the rules adopted under this chapter may be
subject to a civil penalty in an amount of not more than one
thousand dollars per violation per day. Each violation is a
separate and distinct offense.
All moneys collected for civil penalties under this
chapter shall be deposited in the state general fund. [2000
c 99 § 11; 1994 c 128 § 2; 1985 c 415 § 6; 1959 c 204 §
51. Formerly RCW 16.49.510.]
16.49.115 Application of administrative procedure
act. Chapter 34.05 RCW governs the rights, remedies, and
procedures respecting the administration of this chapter,
including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[2000 c 99 § 12.]
16.49.125 Custom meat facilities—Sale of inspected
meat—Ordinances may be more restrictive. The provisions of this chapter relating to the sale of inspected meat in
custom meat facilities do not supersede or restrict the authority of any county or any city to adopt ordinances that are
more restrictive for the handling and sale of inspected meat
than those provided in this chapter. [2000 c 99 § 13; 1999
c 291 § 29; 1987 c 77 § 11; 1971 ex.s. c 98 § 9. Formerly
RCW 16.49.670.]
(2002 Ed.)
16.49.085
Savings—1987 c 77: See note following RCW 16.49.015.
Chapter 16.50
HUMANE SLAUGHTER OF LIVESTOCK
Sections
16.50.100
16.50.110
16.50.120
16.50.130
16.50.140
16.50.150
16.50.160
16.50.170
16.50.900
Declaration of policy.
Definitions.
Humane methods for bleeding or slaughtering livestock
required.
Administration of chapter—Rules.
Manually operated hammer, sledge or poleaxe—Declared
inhumane.
Religious freedom—Ritual slaughter defined as humane.
Injunctions against violations.
Penalty for violations.
Severability—1967 c 31.
16.50.100 Declaration of policy. The legislature of
the state of Washington finds that the use of humane
methods in the slaughter of livestock prevents needless
suffering; results in safer and better working conditions for
persons engaged in the slaughtering industry; brings about
improvement of products and economy in slaughtering
operations; and produces other benefits for producers,
processors and consumers which tend to expedite the orderly
flow of livestock and their products. It is therefore declared
to be the policy of the state of Washington to require that
the slaughter of all livestock, and the handling of livestock
in connection with slaughter, shall be carried out only by
humane methods and to provide that methods of slaughter
shall conform generally to those authorized by the Federal
Humane Slaughter Act of 1958, and regulations thereunder.
[1967 c 31 § 1.]
16.50.110 Definitions. For the purpose of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
his duly appointed representative.
(3) "Humane method" means either: (a) A method
whereby the animal is rendered insensible to pain by
mechanical, electrical, chemical or other means that is rapid
and effective, before being shackled, hoisted, thrown, cast or
cut; or (b) a method in accordance with the ritual requirements of any religious faith whereby the animal suffers loss
of consciousness by anemia of the brain caused by the
simultaneous and instantaneous severance of the carotid
arteries with a sharp instrument.
(4) "Livestock" means cattle, calves, sheep, swine,
horses, mules and goats.
(5) "Packer" means any person engaged in the business
of slaughtering livestock.
(6) "Person" means a natural person, individual, firm,
partnership, corporation, company, society and association
and every officer, agent or employee, thereof. This term
shall import either the singular or plural, as the case may be.
(7) "Slaughterer" means any person engaged in the
commercial or custom slaughtering of livestock, including
custom farm slaughterers. [1967 c 31 § 2.]
[Title 16 RCW—page 15]
16.50.120
Title 16 RCW: Animals and Livestock
16.50.120 Humane methods for bleeding or slaughtering livestock required. No slaughterer or packer shall
bleed or slaughter any livestock except by a humane method:
PROVIDED, That the director may, by administrative order,
exempt a person from compliance with this chapter for a
period of not to exceed six months if he finds that an earlier
compliance would cause such person undue hardship. [1967
c 31 § 3.]
16.50.130 Administration of chapter—Rules. The
director shall administer the provisions of this chapter. He
shall adopt and may from time to time revise rules which
shall conform substantially to the rules and regulations promulgated by the secretary of agriculture of the United States
pursuant to the Federal Humane Slaughter Act of 1958,
Public Law 85-765, 72 Stat. 862 and any amendments thereto. Such rules shall be adopted pursuant to the provisions of
chapter 34.05 RCW as enacted or hereafter amended
concerning the adoption of rules. [1967 c 31 § 4.]
16.50.140 Manually operated hammer, sledge or
poleaxe—Declared inhumane. The use of a manually
operated hammer, sledge or poleaxe is declared to be an
inhumane method of slaughter within the meaning of this
chapter. [1967 c 31 § 5.]
16.50.150 Religious freedom—Ritual slaughter
defined as humane. Nothing in this chapter shall be
construed to prohibit, abridge, or in any way hinder the
religious freedom of any person or group. Notwithstanding
any other provisions of this chapter, ritual slaughter and the
handling or other preparation of livestock for ritual slaughter
is defined as humane. [1967 c 31 § 10.]
16.50.160 Injunctions against violations. The
director may bring an action to enjoin the violation or
threatened violation of any provision of this chapter or any
rule adopted pursuant to this chapter in the superior court in
the county in which such violation occurs or is about to
occur, notwithstanding the existence of the other remedies at
law. [1967 c 31 § 6.]
16.50.170 Penalty for violations. Any person
violating any provision of this chapter or of any rule adopted
hereunder is guilty of a misdemeanor and subject to a fine
of not more than two hundred fifty dollars or confinement in
the county jail for not more than ninety days. [1967 c 31 §
7.]
16.50.900 Severability—1967 c 31. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1967 c 31 § 9.]
[Title 16 RCW—page 16]
Chapter 16.52
PREVENTION OF CRUELTY TO ANIMALS
Sections
16.52.011
16.52.015
Definitions—Principles of liability.
Enforcement—Law enforcement agencies and animal care
and control agencies.
16.52.020 Humane societies—Enforcement authority.
16.52.025 Humane societies—Animal control officers.
16.52.080 Transporting or confining in unsafe manner—Penalty.
16.52.085 Removal of animals for feeding—Examination—Notice—
Euthanasia.
16.52.090 Docking horses—Misdemeanor.
16.52.095 Cutting ears—Misdemeanor.
16.52.100 Confinement without food and water—Intervention by others.
16.52.110 Old or diseased animals at large.
16.52.117 Animal fighting—Owners, trainers, spectators—Exceptions.
16.52.165 Punishment—Conviction of misdemeanor.
16.52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16.52.190 Poisoning animals.
16.52.193 Poisoning animals—Strychnine sales—Records—Report on
suspected purchases.
16.52.195 Poisoning animals—Penalty.
16.52.200 Sentences—Forfeiture of animals—Liability for costs—Civil
penalty—Education, counseling.
16.52.205 Animal cruelty in the first degree.
16.52.207 Animal cruelty in the second degree.
16.52.210 Destruction of animal by law enforcement officer—
Immunity from liability.
16.52.220 Transfers of mammals for research—Certification requirements—Pet animals.
16.52.230 Remedies not impaired.
16.52.300 Dogs or cats used as bait—Seizure—Limitation.
Cruelty to stock in transit: RCW 81.56.120.
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty: RCW
9.08.070.
16.52.011 Definitions—Principles of liability. (1)
Principles of liability as defined in chapter 9A.08 RCW
apply to this chapter.
(2) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Animal" means any nonhuman mammal, bird,
reptile, or amphibian.
(b) "Animal care and control agency" means any city or
county animal control agency or authority authorized to
enforce city or county municipal ordinances regulating the
care, control, licensing, or treatment of animals within the
city or county, and any corporation organized under RCW
16.52.020 that contracts with a city or county to enforce the
city or county ordinances governing animal care and control.
(c) "Animal control officer" means any individual
employed, contracted, or appointed pursuant to RCW
16.52.025 by an animal care and control agency or humane
society to aid in the enforcement of ordinances or laws
regulating the care and control of animals. For purposes of
this chapter, the term "animal control officer" shall be
interpreted to include "humane officer" as defined in (e) of
this subsection and RCW 16.52.025.
(d) "Euthanasia" means the humane destruction of an
animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during
the loss of consciousness.
(2002 Ed.)
Prevention of Cruelty to Animals
(e) "Humane officer" means any individual employed,
contracted, or appointed by an animal care and control
agency or humane society as authorized under RCW
16.52.025.
(f) "Law enforcement agency" means a general authority
Washington law enforcement agency as defined in RCW
10.93.020.
(g) "Necessary food" means the provision at suitable
intervals of wholesome foodstuff suitable for the animal’s
age and species and sufficient to provide a reasonable level
of nutrition for the animal.
(h) "Owner" means a person who has a right, claim,
title, legal share, or right of possession to an animal or a
person having lawful control, custody, or possession of an
animal.
(i) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of
those entities.
(j) "Substantial bodily harm" means substantial bodily
harm as defined in RCW 9A.04.110. [1994 c 261 § 2.]
Finding—Intent—1994 c 261: "The legislature finds there is a need
to modernize the law on animal cruelty to more appropriately address the
nature of the offense. It is not the intent of this act to remove or decrease
any of the exemptions from the statutes on animal cruelty that now apply
to customary animal husbandry practices, state game or fish laws, rodeos,
fairs under chapter 15.76 RCW, or medical research otherwise authorized
under federal or state law. It is the intent of this act to require the
enforcement of chapter 16.52 RCW by persons who are accountable to
elected officials at the local and state level." [1994 c 261 § 1.]
16.52.015 Enforcement—Law enforcement agencies
and animal care and control agencies. (1) Law enforcement agencies and animal care and control agencies may enforce the provisions of this chapter. Animal care and control
agencies may enforce the provisions of this chapter in a
county or city only if the county or city legislative authority
has entered into a contract with the agency to enforce the
provisions of this chapter.
(2) Animal control officers enforcing this chapter shall
comply with the same constitutional and statutory restrictions
concerning the execution of police powers imposed on law
enforcement officers who enforce this chapter and other
criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue citations based on probable cause
to offenders for misdemeanor and gross misdemeanor
violations of this chapter or RCW 9.08.070 or 81.56.120;
(b) The power to cause a law enforcement officer to
arrest and take into custody any person the animal control
officer has probable cause to believe has committed or is
committing a violation of this chapter or RCW 9.08.070 or
81.56.120. Animal control officers may make an oral
complaint to a prosecuting attorney or a law enforcement
officer to initiate arrest. The animal control officer causing
the arrest shall file with the arresting agency a written
complaint within twenty-four hours of the arrest, excluding
Sundays and legal holidays, stating the alleged act or acts
constituting a violation;
(c) The power to carry nonfirearm protective devices for
personal protection;
(d) The power to prepare affidavits in support of search
warrants and to execute search warrants when accompanied
(2002 Ed.)
16.52.011
by law enforcement officers to investigate violations of this
chapter or RCW 9.08.070 or 81.56.120, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has
probable cause to believe that a person has violated this
chapter or RCW 9.08.070 or 81.56.120, a law enforcement
agency officer may arrest the alleged offender. [1994 c 261
§ 3.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.020 Humane societies—Enforcement authority. Any citizens of the state of Washington incorporated
under the laws of this state as a humane society or as a
society for the prevention of cruelty to animals may enforce
the provisions of this chapter through its animal control
officers subject to the limitations in RCW 16.52.015 and
16.52.025. The legislative authority in each county may
grant exclusive authority to exercise the privileges and
authority granted by this section to one or more qualified
corporations for a period of up to three years based upon
ability to fulfill the purposes of this chapter. [1994 c 261 §
4; 1973 1st ex.s. c 125 § 1; 1901 c 146 § 1; RRS § 3184.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.025 Humane societies—Animal control
officers. Trustees of humane societies incorporated pursuant
to RCW 16.52.020 may appoint society members to act as
animal control officers. The trustee appointments shall be in
writing. The appointment shall be effective in a particular
county only if an appointee obtains written authorization
from the superior court of the county in which the appointee
seeks to enforce this chapter. To obtain judicial authorization, an appointee seeking judicial authorization on or
after June 9, 1994, shall provide evidence satisfactory to the
judge that the appointee has successfully completed training
which has prepared the appointee to assume the powers
granted to animal control officers pursuant to RCW
16.52.015. The trustees shall review appointments every
three years and may revoke an appointment at any time by
filing a certified revocation with the superior court that approved the appointment. Authorizations shall not exceed
three years or trustee termination, whichever occurs first. To
qualify for reappointment when a term expires on or after
June 9, 1994, the officer shall obtain training or satisfy the
court that the officer has sufficient experience to exercise the
powers granted to animal control officers pursuant to RCW
16.52.015. [1994 c 261 § 5.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.080 Transporting or confining in unsafe
manner—Penalty. Any person who wilfully transports or
confines or causes to be transported or confined any domestic animal or animals in a manner, posture or confinement
that will jeopardize the safety of the animal or the public
shall be guilty of a misdemeanor. And whenever any such
person shall be taken into custody or be subject to arrest
pursuant to a valid warrant therefor by any officer or
authorized person, such officer or person may take charge of
the animal or animals; and any necessary expense thereof
shall be a lien thereon to be paid before the animal or
animals may be recovered; and if the expense is not paid, it
[Title 16 RCW—page 17]
16.52.080
Title 16 RCW: Animals and Livestock
may be recovered from the owner of the animal or the
person guilty. [1982 c 114 § 5; 1974 ex.s. c 12 § 1; 1901
c 146 § 5; RRS § 3188. Prior: 1893 c 27 § 2, part; Code
1881 § 930, part.]
Cruelty to stock in transit: RCW 81.56.120.
16.52.085 Removal of animals for feeding—
Examination—Notice—Euthanasia. (1) If a law enforcement officer or animal control officer has probable cause to
believe that an owner of a domestic animal has violated this
chapter and no responsible person can be found to assume
the animal’s care, the officer may authorize, with a warrant,
the removal of the animal to a suitable place for feeding and
care, or may place the animal under the custody of an
animal care and control agency. In determining what is a
suitable place, the officer shall consider the animal’s needs,
including its size and behavioral characteristics. An officer
may remove an animal under this subsection without a
warrant only if the animal is in an immediate life-threatening
condition.
(2) If a law enforcement officer or an animal control
officer has probable cause to believe a violation of this
chapter has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in
violation of this chapter by a veterinarian to determine
whether the level of neglect or abuse in violation of this
chapter is sufficient to require removal of the animal. This
section does not condone illegal entry onto private property.
(3) Any owner whose domestic animal is removed
pursuant to this chapter shall be given written notice of the
circumstances of the removal and notice of legal remedies
available to the owner. The notice shall be given by posting
at the place of seizure, by delivery to a person residing at
the place of seizure, or by registered mail if the owner is
known. In making the decision to remove an animal
pursuant to this chapter, the officer shall make a good faith
effort to contact the animal’s owner before removal.
(4) The agency having custody of the animal may
euthanize the animal or may find a responsible person to
adopt the animal not less than fifteen business days after the
animal is taken into custody. A custodial agency may
euthanize severely injured, diseased, or suffering animals at
any time. An owner may prevent the animal’s destruction
or adoption by: (a) Petitioning the district court of the
county where the animal was seized for the animal’s
immediate return subject to court-imposed conditions, or (b)
posting a bond or security in an amount sufficient to provide
for the animal’s care for a minimum of thirty days from the
seizure date. If the custodial agency still has custody of the
animal when the bond or security expires, the animal shall
become the agency’s property unless the court orders an
alternative disposition. If a court order prevents the agency
from assuming ownership and the agency continues to care
for the animal, the court shall order the owner to renew a
bond or security for the agency’s continuing costs for the
animal’s care.
(5) If no criminal case is filed within fourteen business
days of the animal’s removal, the owner may petition the
district court of the county where the animal was removed
for the animal’s return. The petition shall be filed with the
court, with copies served to the law enforcement or animal
[Title 16 RCW—page 18]
care and control agency responsible for removing the animal
and to the prosecuting attorney. If the court grants the
petition, the agency which seized the animal must deliver the
animal to the owner at no cost to the owner. If a criminal
action is filed after the petition is filed but before the animal
is returned, the petition shall be joined with the criminal
matter.
(6) In a motion or petition for the animal’s return before
a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future
neglect or abuse and is not in need of being restored to
health.
(7) Any authorized person treating or attempting to
restore an animal to health under this chapter shall not be
civilly or criminally liable for such action. [1994 c 261 § 6;
1987 c 335 § 1; 1974 ex.s. c 12 § 2.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Construction—1987 c 335: "Nothing in this act shall be construed
as expanding or diminishing, in any manner whatsoever, any authority
granted officers under RCW 16.52.020 or 16.52.030." [1987 c 335 § 6.]
Severability—1987 c 335: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 335 § 7.]
16.52.090 Docking horses—Misdemeanor. Every
person who shall cut or cause to be cut, or assist in cutting
the solid part of the tail of any horse in the operation known
as "docking," or in any other operation for the purpose of
shortening the tail or changing the carriage thereof, shall be
guilty of a misdemeanor. [1901 c 146 § 6; RRS § 3189.
FORMER PART OF SECTION: Code 1881 § 840; 1871 p
103 § 1; RRS § 3206, now codified as RCW 16.52.095.]
16.52.095 Cutting ears—Misdemeanor. It shall not
be lawful for any person to cut off more than one-half of the
ear or ears of any domestic animal such as an ox, cow, bull,
calf, sheep, goat or hog, or dog, and any person cutting off
more than one-half of the ear or ears of any such animals,
shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars. This
section does not apply if cutting off more than one-half of
the ear of the animal is a customary husbandry practice.
[1994 c 261 § 7; Code 1881 § 840; 1871 p 103 § 1; RRS §
3206. Formerly RCW 16.52.090, part.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.100 Confinement without food and water—
Intervention by others. If any domestic animal is impounded or confined without necessary food and water for
more than thirty-six consecutive hours, any person may,
from time to time, as is necessary, enter into and open any
pound or place of confinement in which any domestic animal
is confined, and supply it with necessary food and water so
long as it is confined. The person shall not be liable to
action for the entry, and may collect from the animal’s
owner the reasonable cost of the food and water. The
animal shall be subject to attachment for the costs and shall
not be exempt from levy and sale upon execution issued
upon a judgment. If an investigating officer finds it extremely difficult to supply confined animals with food and
water, the officer may remove the animals to protective
(2002 Ed.)
Prevention of Cruelty to Animals
custody for that purpose. [1994 c 261 § 10; 1982 c 114 §
6; 1901 c 146 § 12; RRS § 3195.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.110 Old or diseased animals at large. Every
owner, driver, or possessor of any old, maimed or diseased
horse, cow, mule, or other domestic animal, who shall permit
the same to go loose in any lane, street, square, or lot or
place of any city or township, without proper care and
attention, for more than three hours after knowledge thereof,
shall be guilty of a misdemeanor: PROVIDED, That this
shall not apply to any such owner keeping any old or
diseased animal belonging to him on his own premises with
proper care. Every sick, disabled, infirm or crippled horse,
ox, mule, cow or other domestic animal, which shall be
abandoned on the public highway, or in any open or enclosed space in any city or township, may, if, after search by
a peace officer or officer of such society no owner can be
found therefor, be killed by such officer; and it shall be the
duty of all peace and public officers to cause the same to be
killed on information of such abandonment. [1901 c 146 §
13; RRS § 3196.]
16.52.117 Animal fighting—Owners, trainers,
spectators—Exceptions. (1) Any person who does any of
the following is guilty of a gross misdemeanor punishable by
imprisonment not to exceed one year, or by a fine not to
exceed five thousand dollars, or by both fine and imprisonment:
(a) Owns, possesses, keeps, or trains any animal with
the intent that the animal shall be engaged in an exhibition
of fighting with another animal;
(b) For amusement or gain causes any animal to fight
with another animal, or causes any animals to injure each
other; or
(c) Permits any act in violation of (a) or (b) of this
subsection to be done on any premises under his or her
charge or control, or promotes or aids or abets any such act.
(2) Any person who is knowingly present, as a spectator, at any place or building where preparations are being
made for an exhibition of the fighting of animals, with the
intent to be present at such preparations, or is knowingly
present at such exhibition or at any other fighting or injuring
as described in subsection (1)(b) of this section, with the
intent to be present at such exhibition, fighting, or injuring,
is guilty of a misdemeanor.
(3) Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as
defined by chapter 16.57 RCW, by the owner of the livestock or the owner’s employees or agents or other persons in
lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in
the training of animals for any purpose not prohibited by
law. [1994 c 261 § 11; 1982 c 114 § 9.]
16.52.100
in the county jail not exceeding sixty days, or both such fine
and imprisonment, and shall pay the costs of the prosecution.
[1982 c 114 § 7; 1901 c 146 § 16; RRS § 3199. Formerly
RCW 16.52.160, part.]
16.52.180 Limitations on application of chapter. No
part of this chapter shall be deemed to interfere with any of
the laws of this state known as the "game laws," nor be
deemed to interfere with the right to destroy any venomous
reptile or any known as dangerous to life, limb or property,
or to interfere with the right to kill animals to be used for
food or with any properly conducted scientific experiments
or investigations, which experiments or investigations shall
be performed only under the authority of the faculty of some
regularly incorporated college or university of the state of
Washington or a research facility registered with the United
States department of agriculture and regulated by 7 U.S.C.
Sec. 2131 et seq. [1994 c 261 § 12; 1901 c 146 § 18; RRS
§ 3201.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.185 Exclusions from chapter. Nothing in this
chapter applies to accepted husbandry practices used in the
commercial raising or slaughtering of livestock or poultry, or
products thereof or to the use of animals in the normal and
usual course of rodeo events or to the customary use or
exhibiting of animals in normal and usual events at fairs as
defined in RCW 15.76.120. [1994 c 261 § 22; 1982 c 114
§ 10.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.190 Poisoning animals. (1) Except as provided
in subsections (2) and (3) of this section, a person is guilty
of the crime of poisoning animals if the person intentionally
or knowingly poisons an animal under circumstances which
do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to
euthanizing by poison an animal in a lawful and humane
manner by the animal’s owner, or by a duly authorized
servant or agent of the owner, or by a person acting pursuant
to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the
reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in
this section, the term "rodent" includes but is not limited to
Columbia ground squirrels, other ground squirrels, rats, mice,
gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in
*chapter 17.16 RCW. The term "pest" as used in this
section includes any pest as defined in RCW 17.21.020.
[1994 c 261 § 13; 1941 c 105 § 1; RRS § 3207-1. Formerly
RCW 16.52.150, part.]
*Reviser’s note: Chapter 17.16 RCW was repealed by 1994 c 11 §
1.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.165 Punishment—Conviction of misdemeanor.
Every person convicted of any misdemeanor under RCW
16.52.080 or 16.52.090 shall be punished by a fine of not
exceeding one hundred and fifty dollars, or by imprisonment
(2002 Ed.)
16.52.193 Poisoning animals—Strychnine sales—
Records—Report on suspected purchases. It shall be
unlawful for any person other than a registered pharmacist
to sell at retail or furnish to any person any strychnine:
PROVIDED, That nothing herein shall prohibit county, state
[Title 16 RCW—page 19]
16.52.193
Title 16 RCW: Animals and Livestock
or federal agents, in the course of their duties, from furnishing strychnine to any person. Every such registered pharmacist selling or furnishing such strychnine shall, before
delivering the same, record the transaction as provided in
RCW 69.38.030. If any such registered pharmacist shall
suspect that any person desiring to purchase strychnine
intends to use the same for the purpose of poisoning unlawfully any domestic animal or domestic bird, he may refuse
to sell to such person, but whether or not he makes such
sale, he shall if he so suspects an intention to use the
strychnine unlawfully, immediately notify the nearest peace
officer, giving such officer a complete description of the
person purchasing, or attempting to purchase, such strychnine. [1987 c 34 § 7; 1941 c 105 § 2; Rem. Supp. 1941 §
3207-2. Formerly RCW 18.67.110.]
16.52.195 Poisoning animals—Penalty. Any person
violating any of the provisions of RCW 16.52.190 or
16.52.193 shall be guilty of a gross misdemeanor. [1941 c
105 § 3; RRS § 3207-3. Formerly RCW 16.52.150, part.]
16.52.200 Sentences—Forfeiture of animals—
Liability for costs—Civil penalty—Education, counseling.
(1) The sentence imposed for a misdemeanor or gross
misdemeanor violation of this chapter may be deferred or
suspended in accordance with RCW 3.66.067 and 3.66.068,
however the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive,
however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the
court shall order the forfeiture of all animals held by law
enforcement or animal care and control authorities under the
provisions of this chapter if any one of the animals involved
dies as a result of a violation of this chapter or if the
defendant has a prior conviction under this chapter. In other
cases the court may enter an order requiring the owner to
forfeit the animal if the court deems the animal’s treatment
to have been severe and likely to reoccur. If forfeiture is
ordered, the owner shall be prohibited from owning or caring
for any similar animals for a period of two years. The court
may delay its decision on forfeiture under this subsection
until the end of the probationary period.
(4) In addition to fines and court costs, the defendant,
only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of
the animals. Reasonable costs include expenses of the
investigation, and the animal’s care, euthanization, or
adoption.
(5) If convicted, the defendant shall also pay a civil
penalty of one thousand dollars to the county to prevent
cruelty to animals. These funds shall be used to prosecute
offenses under this chapter and to care for forfeited animals
pending trial.
(6) As a condition of the sentence imposed under this
chapter or RCW 9.08.070, the court may also order the
defendant to participate in an available animal cruelty
prevention or education program or obtain available psychological counseling to treat mental health problems contribut[Title 16 RCW—page 20]
ing to the violation’s commission. The defendant shall bear
the costs of the program or treatment. [1994 c 261 § 14;
1987 c 335 § 2.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Construction—Severability—1987 c 335: See notes following RCW
16.52.085.
16.52.205 Animal cruelty in the first degree. (1) A
person is guilty of animal cruelty in the first degree when,
except as authorized in law, he or she intentionally (a)
inflicts substantial pain on, (b) causes physical injury to, or
(c) kills an animal by a means causing undue suffering, or
forces a minor to inflict unnecessary pain, injury, or death on
an animal.
(2) Animal cruelty in the first degree is a class C
felony. [1994 c 261 § 8.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.207 Animal cruelty in the second degree. (1)
A person is guilty of animal cruelty in the second degree if,
under circumstances not amounting to first degree animal
cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an
animal.
(2) An owner of an animal is guilty of animal cruelty in
the second degree if, under circumstances not amounting to
first degree animal cruelty, the owner knowingly, recklessly,
or with criminal negligence:
(a) Fails to provide the animal with necessary food,
water, shelter, rest, sanitation, ventilation, space, or medical
attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second
degree, it shall be an affirmative defense, if established by
the defendant by a preponderance of the evidence, that the
defendant’s failure was due to economic distress beyond the
defendant’s control. [1994 c 261 § 9.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.210 Destruction of animal by law enforcement
officer—Immunity from liability. This chapter shall not
limit the right of a law enforcement officer to destroy an
animal that has been seriously injured and would otherwise
continue to suffer. Such action shall be undertaken with
reasonable prudence and, whenever possible, in consultation
with a licensed veterinarian and the owner of the animal.
Law enforcement officers and licensed veterinarians
shall be immune from civil and criminal liability for actions
taken under this chapter if reasonable prudence is exercised
in carrying out the provisions of this chapter. [1987 c 335
§ 3.]
Construction—Severability—1987 c 335: See notes following RCW
16.52.085.
16.52.220 Transfers of mammals for research—
Certification requirements—Pet animals. (1) All transfers
of mammals, other than rats and mice bred for use in research and livestock, to research institutions in this state,
(2002 Ed.)
Prevention of Cruelty to Animals
whether by sale or otherwise, shall conform with federal
laws and, except as to those animals obtained from a source
outside the United States, shall be accompanied by one of
the following written certifications, dated and signed under
penalty of perjury:
(a) Breeder certification: A written statement certifying
that the person signing the certification is a United States
department of agriculture-licensed class A dealer whose
business license in the state of Washington includes only
those animals that the dealer breeds and raises as a closed or
stable colony and those animals that the dealer acquires for
the sole purpose of maintaining or enhancing the dealer’s
breeding colony, that the animal being sold is one of those
animals, and that the person signing the certification is
authorized to do so. The certification shall also include an
identifying number for the dealer, such as a business license
number.
(b) True owner certification: A written statement
certifying that the animal being transferred is owned by the
person signing the certification, and that the person signing
the certification either (i) has no personal knowledge or
reason to believe that the animal is a pet animal, or (ii)
consents to having the animal used for research at a research
institution. The certification shall also state the date that the
owner obtained the animal, and the person or other source
from whom it was obtained. The certification shall also include an identifying number for the person signing the
certification, such as a drivers’ license number or business
license number. The certifications signed by or on behalf of
a humane society, animal control agency, or animal shelter
need not contain a statement that the society, agency, or
shelter owns the animal, but shall state that the animal has
been in the possession of the society, agency, or shelter for
the minimum period required by law that entitles it to legally
dispose of the animal.
(2) In addition to the foregoing certification, all research
institutions in this state shall open at the time a dog or cat is
transferred to it a file that contains the following information
for each dog or cat transferred to the institution:
(a) All information required by federal law;
(b) The certification required by this section; and
(c) A brief description of the dog or cat (e.g. breed,
color, sex, any identifying characteristics), and a photograph
of the dog or cat.
The brief description may be contained in the written
certification.
These files shall be maintained and open for public
inspection for a period of at least two years from the date of
acquisition of the animal.
(3) All research institutions in this state shall, within one
hundred eighty days of May 12, 1989, adopt and operate
under written policies governing the acquisition of animals
to be used in biomedical or product research at that institution. The written policies shall be binding on all employees,
agents, or contractors of the institution. These policies must
contain, at a minimum, the following provisions:
(a) Animals shall be acquired in accordance with the
federal animal welfare act, public health service policy, and
other applicable statutes and regulations;
(b) No research may be conducted on a pet animal
without the written permission of the pet animal’s owner;
(2002 Ed.)
16.52.220
(c) Any animal acquired by the institution that is
determined to be a pet animal shall be returned to its legal
owner, unless the institution has the owner’s written permission to retain the animal; and
(d) A person at the institution shall be designated to
have the responsibility for investigating any facts supporting
the possibility that an animal in the institution’s possession
may be a pet animal, including any inquiries from citizens
regarding their pets. This person shall devise and insure
implementation of procedures to inform inquiring citizens of
their right to prompt review of the relevant files required to
be kept by the institution for animals obtained under subsection (2) of this section, and shall be responsible for facilitating the rapid return of any animal determined to be a pet
animal to the legal owner who has not given the institution
permission to have the animal or transferred ownership of it
to the institution.
(4) For the purposes of this section, "research institution" means any facility licensed by the United States
department of agriculture to use animals in biomedical or
product research. [1989 c 359 § 3.]
Application of consumer protection act: RCW 19.86.145.
16.52.230 Remedies not impaired. No provision of
RCW 9.08.070 or 16.52.220 shall in any way interfere with
or impair the operation of any other provision of this chapter
or Title 28B RCW, relating to higher education or biomedical research. The provisions of RCW 9.08.070 and
16.52.220 are cumulative and nonexclusive and shall not
affect any other remedy. [1989 c 359 § 5.]
16.52.300 Dogs or cats used as bait—Seizure—
Limitation. (1) If any person commits the crime of animal
cruelty in the first or second degree by using or trapping to
use domestic dogs or cats as bait, prey, or targets for the
purpose of training dogs or other animals to track, fight, or
hunt, law enforcement officers or animal control officers
shall seize and hold the animals being trained. The seized
animals shall be disposed of by the court pursuant to the
provisions of RCW 16.52.200(3).
(2) This section shall not in any way interfere with or
impair the operation of any provision of Title 28B RCW,
relating to higher education or biomedical research. [1994
c 261 § 15; 1990 c 226 § 1.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Chapter 16.54
ABANDONED ANIMALS
Sections
16.54.010
16.54.020
16.54.030
When deemed abandoned.
Disposition of abandoned animal by person having custody.
Duty of sheriff—Sale—Disposition of proceeds.
16.54.010 When deemed abandoned. An animal is
deemed to be abandoned under the provisions of this chapter
when it is placed in the custody of a veterinarian, boarding
kennel owner, or any person for treatment, board, or care
and:
(1) Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen
[Title 16 RCW—page 21]
16.54.010
Title 16 RCW: Animals and Livestock
days after notice to remove the animal has been given to the
person who placed the animal in such custody or having
been so notified the person depositing the animal refuses or
fails to pay agreed upon or reasonable charges for the
treatment, board, or care of such animal, or;
(2) Having been placed in such custody for a specified
period of time the animal is not removed at the end of such
specified period or the person depositing the animal refuses
to pay agreed upon or reasonable charges for the treatment,
board, or care of such animal. [1977 ex.s. c 67 § 1; 1955 c
190 § 1.]
16.57.165
16.57.170
16.57.180
16.57.200
16.57.210
16.57.220
16.54.020 Disposition of abandoned animal by
person having custody. Any person having in his care,
custody, or control any abandoned animal as defined in
RCW 16.54.010, may deliver such animal to any humane
society having facilities for the care of such animals or to
any pound maintained by or under contract or agreement
with any city or county within which such animal was
abandoned. If no such humane society or pound exists
within the county the person with whom the animal was
abandoned may notify the sheriff of the county wherein the
abandonment occurred. [1955 c 190 § 2.]
16.57.277
16.57.280
16.54.030 Duty of sheriff—Sale—Disposition of
proceeds. It shall be the duty of the sheriff of such county
upon being so notified, to dispose of such animal as provided by law in reference to estrays if such law is applicable
to the animal abandoned, or if not so applicable then such
animal shall be sold by the sheriff at public auction. Notice
of any such sale shall be given by posting a notice in three
public places in the county at least ten days prior to such
public sale. Proceeds of such sale shall be paid to the
county treasurer for deposit in the county general fund.
[1955 c 190 § 3.]
Chapter 16.57
IDENTIFICATION OF LIVESTOCK
Sections
16.57.010
16.57.015
16.57.020
16.57.023
16.57.025
16.57.030
16.57.040
16.57.050
16.57.060
16.57.070
16.57.080
16.57.090
16.57.100
16.57.105
16.57.110
16.57.120
16.57.130
16.57.140
16.57.150
16.57.160
Definitions.
Livestock identification advisory board—Rule review—Fee
setting.
Livestock brands—Director is the recorder—Registration
fee.
Permanent renewal of brands—Heritage brands—Fees.
Livestock inspection—Licensed and accredited veterinarians—Fees.
Tattoo brands and marks not recordable—Validation of prior
recordings.
Production record brands.
Use of unrecorded brand prohibited.
Brands similar to governmental brands not to be recorded.
Conflicting claims to brand.
Brand renewal—Schedule—Fee.
Brand is personal property—Instruments affecting title, recording, effect—Nonliability of director for agents.
Right to use brand—Brand as evidence of title.
Preemptory right to use brand.
Size and characteristics of brand.
Removal or alteration of brand—Penalty.
Similar brands not to be recorded.
Certified copy of record of brand—Fee.
Brand book.
Cattle—Mandatory brand inspection points.
[Title 16 RCW—page 22]
16.57.230
16.57.240
16.57.260
16.57.270
16.57.275
16.57.290
16.57.300
16.57.310
16.57.320
16.57.330
16.57.340
16.57.350
16.57.360
16.57.370
16.57.380
16.57.400
16.57.405
16.57.407
16.57.410
16.57.420
16.57.900
16.57.901
Agreements with others to perform brand inspection.
Examination of livestock, hides, records.
Search warrants.
Duty of owner or agent on brand inspection.
Arrest without warrant.
Cattle and horses—Brand inspection charge—Lien—Fee
schedule.
Charges for brand inspection—Actual inspection required.
Record of cattle—Requirements—Exception.
Removal of cattle or horses from state—Inspection certificate required.
Unlawful to refuse assistance in establishing identity of
livestock.
Transporting cattle carcass or primal part—Certificate of
permit required.
Custom slaughter beef tags—Fee—Rules.
Possession of livestock marked with another’s brand—
Penalty.
Unbranded and undocumented cattle and horses—
Disposition.
Unbranded and undocumented cattle and horses—
Disposition of sale proceeds.
Notice of sale—Claim on proceeds.
Disposition of proceeds of sale when no proof of ownership—Penalty for accepting proceeds after sale, trade,
etc.
Disposition of proceeds of sale when no claim made.
Reciprocal agreements—When livestock from another state
an estray, sale.
Rules—Enforcement of chapter.
Civil infractions.
Disposition of fees.
Horses—Mandatory brand inspection points—Powers of
director.
Horse and cattle identification—Exemption from brand inspection—Fees.
Microchip in a horse—Removal with intent to defraud—
Gross misdemeanor.
Microchip in a horse—Authority to investigate removal.
Horses—Registering agencies—Records—Identification
symbol inspections—Rules.
Ratite identification.
Severability—1959 c 54.
Severability—1967 c 240.
16.57.010 Definitions. For the purpose of this
chapter:
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
a duly appointed representative.
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term
shall import either the singular or the plural as the case may
be.
(4) "Livestock" includes, but is not limited to, horses,
mules, cattle, sheep, swine, goats, poultry and rabbits.
(5) "Brand" means a permanent fire brand or any
artificial mark, other than an individual identification
symbol, approved by the director to be used in conjunction
with a brand or by itself.
(6) "Production record brand" means a number brand
which shall be used for production identification purposes
only.
(7) "Brand inspection" means the examination of
livestock or livestock hides for brands or any means of
identifying livestock or livestock hides and/or the application
of any artificial identification such as back tags or ear clips
(2002 Ed.)
Identification of Livestock
necessary to preserve the identity of the livestock or livestock hides examined.
(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually
identifying and registering the horse and which has been
approved for use as such by the director.
(9) "Registering agency" means any person issuing an
individual identification symbol for the purpose of individually identifying and registering a horse.
(10) "Poultry" means chickens, turkeys, ratites, and
other domesticated fowl.
(11) "Ratite" means, but is not limited to, ostrich, emu,
rhea, or other flightless bird used for human consumption,
whether live or slaughtered.
(12) "Ratite farming" means breeding, raising, and
rearing of an ostrich, emu, or rhea in captivity or an enclosure.
(13) "Microchipping" means the implantation of an
identification microchip or similar electronic identification
device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the
implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise
specified by rule of the director; and
(c) In locations of other livestock species as specified by
rule of the director when requested by an association of
producers of that species of livestock. [1996 c 105 § 1;
1993 c 105 § 2; 1989 c 286 § 22; 1981 c 296 § 15; 1979 c
154 § 17; 1967 c 240 § 34; 1959 c 54 § 1.]
Legislative finding and purpose—1993 c 105: "The legislature finds
that ratites have been raised for commercial purposes on farms in the United
States for over sixty years and have been raised elsewhere for over one
hundred twenty years.
In recognition that ratite farming is an agricultural pursuit, the purpose
of this act is to assure that the regulatory mechanisms regarding animal
health and ownership identification are in place." [1993 c 105 § 1.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Severability—1979 c 154: See note following RCW 15.49.330.
16.57.015 Livestock identification advisory board—
Rule review—Fee setting. (1) The director shall establish
a livestock identification advisory board. The board shall be
composed of six members appointed by the director. One
member shall represent each of the following groups: Beef
producers, public livestock market operators, horse owners,
dairy farmers, cattle feeders, and meat processors. In
making appointments, the director shall solicit nominations
from organizations representing these groups statewide.
(2) The purpose of the board is to provide advice to the
director regarding livestock identification programs administered under this chapter and regarding brand inspection fees
and related licensing fees. The director shall consult the
board before adopting, amending, or repealing a rule under
this chapter or altering a fee under RCW 16.58.050,
16.58.130, 16.65.030, or 16.65.090. If the director publishes
in the state register a proposed rule to be adopted under the
authority of this chapter or a proposed rule setting a fee
under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090
and the rule has not received the approval of the advisory
board, the director shall file with the board a written
(2002 Ed.)
16.57.010
statement setting forth the director’s reasons for proposing
the rule without the board’s approval.
(3) The members of the advisory board serve three-year
terms. However, the director shall by rule provide shorter
initial terms for some of the members of the board to stagger
the expiration of the initial terms. The members serve
without compensation. The director may authorize the
expenses of a member to be reimbursed if the member is
selected to attend a regional or national conference or
meeting regarding livestock identification. Any such
reimbursement shall be in accordance with RCW 43.03.050
and 43.03.060. [1993 c 354 § 10.]
16.57.020 Livestock brands—Director is the recorder—Registration fee. The director shall be the recorder of
livestock brands and such brands shall not be recorded
elsewhere in this state. Any person desiring to register a
livestock brand shall apply on a form prescribed by the
director. Such application shall be accompanied by a
facsimile of the brand applied for and a thirty-five dollar
recording fee. The director shall, upon his or her satisfaction
that the application and brand facsimile meet the requirements of this chapter and/or rules adopted hereunder, record
such brand. [1994 c 46 § 7; 1971 ex.s. c 135 § 1; 1965 c 66
§ 1; 1959 c 54 § 2.]
Effective date—1994 c 46: See note following RCW 15.58.070.
16.57.023 Permanent renewal of brands—Heritage
brands—Fees. (1) The *board may adopt rules establishing
criteria and fees for the permanent renewal of brands
registered with the department or with the *board but
renewed as livestock heritage brands. Such heritage brands
are not intended for use on livestock.
(2) If the Washington state *livestock identification
board with authority and responsibility for administering the
livestock identification program is not established by July 31,
1998, the department of agriculture is granted the authorities
provided to the *board by subsection (1) of this section.
[1998 c 263 § 5.]
*Reviser’s note: The section creating the livestock identification
board, 1998 c 263 § 2, was vetoed by the governor.
16.57.025 Livestock inspection—Licensed and
accredited veterinarians—Fees. (1) The *board may enter
into agreements with Washington state licensed and accredited veterinarians, who have been certified by the *board, to
perform livestock inspection. Fees for livestock inspection
performed by a certified veterinarian shall be collected by
the veterinarian and remitted to the *board. Veterinarians
providing livestock inspection may charge a fee for livestock
inspection that is in addition to and separate from fees
collected under RCW 16.57.220. The *board may adopt
rules necessary to implement livestock inspection performed
by veterinarians and may adopt fees to cover the cost
associated with certification of veterinarians.
(2) If the Washington state *livestock identification
board with authority and responsibility for administering the
livestock identification program is not established by July 31,
1998, the department of agriculture is granted all of the
authorities provided to the *board by subsection (1) of this
section. [1998 c 263 § 6.]
[Title 16 RCW—page 23]
16.57.025
Title 16 RCW: Animals and Livestock
*Reviser’s note: The section creating the livestock identification
board, 1998 c 263 § 2, was vetoed by the governor.
16.57.030 Tattoo brands and marks not recordable—Validation of prior recordings. The director shall
not record tattoo brands or marks for any purpose subsequent
to the enactment of this chapter. However, all tattoo brands
and marks of record on the date of the enactment of this
chapter shall be recognized as legal ownership brands or
marks. [1959 c 54 § 3.]
16.57.040 Production record brands. The director
may provide for the use of production record brands.
Numbers for such brands shall be issued at the discretion of
the director and shall be placed on livestock immediately
below the registered ownership brand or any other location
prescribed by the director. [1974 ex.s. c 64 § 1; 1959 c 54
§ 4.]
16.57.050 Use of unrecorded brand prohibited. No
person shall place a brand on livestock for any purpose
unless such brand is recorded in his name. [1959 c 54 § 5.]
16.57.060 Brands similar to governmental brands
not to be recorded. No brand shall be recorded for
ownership purposes which will be applied in the same
location and is similar or identical to a brand used or
reserved for ownership or health purposes by a governmental
agency or the agent of such an agency. [1959 c 54 § 6.]
16.57.070 Conflicting claims to brand. The director
shall determine conflicting claims between applicants to a
brand, and in so doing shall consider the priority of applicants. [1959 c 54 § 7.]
16.57.080 Brand renewal—Schedule—Fee. The
director shall establish by rule a schedule for the renewal of
registered brands. The fee for renewal of the brands shall be
no less than twenty-five dollars for each two-year period of
brand ownership, except that the director may, in adopting
a renewal schedule, provide for the collection of renewal
fees on a prorated basis and may by rule increase the
registration and renewal fee for brands by no more than fifty
percent subsequent to a hearing under chapter 34.05 RCW
and in conformance with RCW 16.57.015. At least sixty
days before the expiration of a registered brand, the director
shall notify by letter the owner of record of the brand that on
the payment of the requisite application fee and application
of renewal the director shall issue the proof of payment
allowing the brand owner exclusive ownership and use of the
brand for the subsequent registration period. The failure of
the registered owner to pay the renewal fee by the date
required by rule shall cause such owner’s brand to revert to
the department. The director may for a period of one year
following such reversion, reissue such brand only to the
prior registered owner upon payment of the registration fee
and a late filing fee to be prescribed by the director by rule
subsequent to a hearing under chapter 34.05 RCW and in
conformance with RCW 16.57.015, for renewal subsequent
to the regular renewal period. The director may at the
director’s discretion, if such brand is not reissued within one
[Title 16 RCW—page 24]
year to the prior registered owner, issue such brand to any
other applicant. [1994 c 46 § 16; 1993 c 354 § 5; 1991 c
110 § 1; 1974 ex.s. c 64 § 2; 1971 ex.s. c 135 § 2; 1965 c
66 § 3; 1961 c 148 § 1; 1959 c 54 § 8.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.090 Brand is personal property—Instruments
affecting title, recording, effect—Nonliability of director
for agents. A brand is the personal property of the owner
of record. Any instrument affecting the title of such brand
shall be acknowledged in the presence of the recorded owner
and a notary public. The director shall record such instrument upon presentation and payment of a recording fee not
to exceed fifteen dollars to be prescribed by the director by
rule subsequent to a hearing under chapter 34.05 RCW and
in conformance with RCW 16.57.015. Such recording shall
be constructive notice to all the world of the existence and
conditions affecting the title to such brand. A copy of all
records concerning the brand, certified by the director, shall
be received in evidence to all intent and purposes as the
original instrument. The director shall not be personally
liable for failure of the director’s agents to properly record
such instrument. [1994 c 46 § 17; 1993 c 354 § 6; 1974
ex.s. c 64 § 3; 1965 c 66 § 2; 1959 c 54 § 9.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.100 Right to use brand—Brand as evidence
of title. The right to use a brand shall be evidenced by the
original certificate issued by the director showing that the
brand is of present record or a certified copy of the record
of such brand showing that it is of present record. A healed
brand of record on livestock shall be prima facie evidence
that the recorded owner of such brand has legal title to such
livestock and is entitled to its possession: PROVIDED, That
the director may require additional proof of ownership of
any animal showing more than one healed brand. [1971
ex.s. c 135 § 3; 1959 c 54 § 10.]
16.57.105 Preemptory right to use brand. Any
person having a brand recorded with the department shall
have a preemptory right to use such brand and its design
under any newly approved method of branding adopted by
the director. [1967 c 240 § 38.]
16.57.110 Size and characteristics of brand. No
brand shall be placed on livestock that is not permanent in
nature and of a size that is not readily visible. The director,
in order to assure that brands are readily visible, may
prescribe the size of branding irons to be used for ownership
brands. [1959 c 54 § 11.]
16.57.120 Removal or alteration of brand—Penalty.
No person shall remove or alter a brand of record on
livestock without first having secured the written permission
of the director. Violation of this section shall be a gross
misdemeanor punishable to the same extent as a gross
(2002 Ed.)
Identification of Livestock
misdemeanor that is punishable under RCW 9A.20.021.
[1991 c 110 § 2; 1959 c 54 § 12.]
16.57.130 Similar brands not to be recorded. The
director shall not record a brand that is identical to a brand
of present record; nor a brand so similar to a brand of
present record that it will be difficult to distinguish between
such brands when applied to livestock. [1959 c 54 § 13.]
16.57.140 Certified copy of record of brand—Fee.
The owner of a brand of record may procure from the
director a certified copy of the record of the owner’s brand
upon payment of a fee not to exceed seven dollars and fifty
cents to be prescribed by the director by rule subsequent to
a hearing under chapter 34.05 RCW and in conformance
with RCW 16.57.015. [1994 c 46 § 18; 1993 c 354 § 7;
1974 ex.s. c 64 § 4; 1959 c 54 § 14.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.57.150 Brand book. The director shall publish a
book to be known as the "Washington State Brand Book",
showing all the brands of record. Such book shall contain
the name and address of the owners of brands of record and
a copy of the brand laws and regulations. Supplements to
such brand book showing newly recorded brands, amendments or newly adopted regulations, shall be published
biennially, or prior thereto at the discretion of the director:
PROVIDED, That whenever he deems it necessary, the
director may issue a new brand book. [1974 ex.s. c 64 § 5;
1959 c 54 § 15.]
16.57.160 Cattle—Mandatory brand inspection
points. The director may by rule adopted subsequent to a
public hearing designate any point for mandatory brand inspection of cattle or the furnishing of proof that cattle
passing or being transported through such points have been
brand inspected and are lawfully being moved. Further, the
director may stop vehicles carrying cattle to determine if
such cattle are identified, branded, or accompanied by the
form prescribed by the director under RCW 16.57.240 or a
brand certificate issued by the department. [1991 c 110 § 3;
1981 c 296 § 16; 1971 ex.s. c 135 § 4; 1959 c 54 § 16.]
Effective date—1981 c 296 § 16: "Section 16 of this amendatory act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 19, 1981]." [1981 c 296 §
34.]
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.165 Agreements with others to perform brand
inspection. The director may, in order to reduce the cost of
brand inspection to livestock owners, enter into agreements
with any qualified county, municipal, or other local law
enforcement agency, or qualified individuals for the purpose
of performing brand inspection in areas where department
brand inspection may not readily be available. [1971 ex.s.
c 135 § 6.]
(2002 Ed.)
16.57.120
16.57.170 Examination of livestock, hides, records.
The director may enter at any reasonable time any slaughterhouse or public livestock market to make an examination of
the brands on livestock or hides, and may enter at any
reasonable time an establishment where hides are held to
examine them for brands. The director may enter any of
these premises at any reasonable time to examine all books
and records required by law in matters relating to brand inspection or other methods of livestock identification. [1959
c 54 § 17.]
16.57.180 Search warrants. Should the director be
denied access to any premises or establishment where such
access was sought for the purposes set forth in RCW
16.57.170, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises
or establishment for said purposes. The court may upon
such application, issue the search warrant for the purposes
requested. [1959 c 54 § 18.]
16.57.200 Duty of owner or agent on brand inspection. Any owner or his agent shall make the brand or
brands on livestock being brand inspected readily visible and
shall cooperate with the director to carry out such brand
inspection in a safe and expeditious manner. [1959 c 54 §
20.]
16.57.210 Arrest without warrant. The director shall
have authority to arrest any person without warrant anywhere
in the state found in the act of, or whom he has reason to
believe is guilty of, driving, holding, selling or slaughtering
stolen livestock. Any such person arrested by the director
shall be turned over to the sheriff of the county where the
arrest was made, as quickly as possible. [1959 c 54 § 21.]
16.57.220 Cattle and horses—Brand inspection
charge—Lien—Fee schedule. The director shall cause a
charge to be made for all brand inspection of cattle and
horses required under this chapter and rules adopted hereunder. Such charges shall be paid to the department by the
owner or person in possession unless requested by the
purchaser and then such brand inspection shall be paid by
the purchaser requesting such brand inspection. Except as
provided by rule, such inspection charges shall be due and
payable at the time brand inspection is performed and shall
be paid upon billing by the department and if not shall
constitute a prior lien on the cattle or cattle hides or horses
or horse hides brand inspected until such charge is paid.
The director in order to best utilize the services of the
department in performing brand inspection may establish
schedules by days and hours when a brand inspector will be
on duty to perform brand inspection at established inspection
points. The fees for brand inspection performed at inspection points according to schedules established by the director
shall be sixty cents per head for cattle and not more than
two dollars and forty cents per head for horses as prescribed
by the director subsequent to a hearing under chapter 34.05
RCW and in conformance with RCW 16.57.015. Fees for
brand inspection of cattle and horses at points other than
those designated by the director or not in accord with the
schedules established by the director shall be based on a fee
[Title 16 RCW—page 25]
16.57.220
Title 16 RCW: Animals and Livestock
schedule not to exceed actual net cost to the department of
performing the brand inspection service. For the purpose of
this section, actual costs shall mean fifteen dollars per hour
and the current mileage rate set by the office of financial
management. [1997 c 356 § 3; 1997 c 356 § 2; 1995 c 374
§ 49; (1995 c 374 § 48 expired July 1, 1997). Prior: 1994
c 46 § 25; 1994 c 46 § 19; 1993 c 354 § 8; 1981 c 296 §
17; 1971 ex.s. c 135 § 5; 1967 c 240 § 35; 1959 c 54 § 22.]
any person to remove or cause to be removed or accept for
removal from this state, any cattle or horses which are not
accompanied at all times by an official brand inspection
certificate issued by the director on such cattle or horses,
except as provided in RCW 16.57.160. [1981 c 296 § 19;
1959 c 54 § 26.]
Effective dates—1997 c 356: "(1) Sections 2, 4, 6, 8, and 10 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 1997.
(2) Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998."
[1997 c 356 § 12.]
Effective date—Expiration date—1995 c 374 §§ 48, 49, 56, and 57:
"(1) Sections 49 and 57 of this act shall take effect July 1, 1997.
(2) Sections 48 and 56 of this act shall expire July 1, 1997." [1995
c 374 § 58.]
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.270 Unlawful to refuse assistance in establishing identity of livestock. It shall be unlawful for any
person moving or transporting livestock in this state to refuse
to assist the director or any peace officer in establishing the
identity of such livestock being moved or transported. [1959
c 54 § 27.]
16.57.230 Charges for brand inspection—Actual
inspection required. No person shall collect or make a
charge for brand inspection of livestock unless there has
been an actual brand inspection of such livestock. [1995 c
374 § 50; 1959 c 54 § 23.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
16.57.240 Record of cattle—Requirements—
Exception. Any person purchasing, selling, holding for sale,
trading, bartering, transferring title, slaughtering, handling,
or transporting cattle shall keep a record on forms prescribed
by the director. Such forms shall show the number, specie,
brand or other method of identification of such cattle and
any other necessary information required by the director.
The original shall be kept for a period of three years or shall
be furnished to the director upon demand or as prescribed by
rule, one copy shall accompany the cattle to their destination
and shall be subject to inspection at any time by the director
or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be
moved or transported within this state without being accompanied by an official certificate of permit, brand inspection
certificate, bill of sale, or self-inspection slip:
(1) When such cattle are moved or transported upon
lands under the exclusive control of the person moving or
transporting such cattle;
(2) When such cattle are being moved or transported for
temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.
[1995 c 374 § 51; 1991 c 110 § 4; 1985 c 415 § 8; 1981 c
296 § 18; 1959 c 54 § 24.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.260 Removal of cattle or horses from state—
Inspection certificate required. It shall be unlawful for
[Title 16 RCW—page 26]
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.275 Transporting cattle carcass or primal
part—Certificate of permit required. Any cattle carcass,
or primal part thereof, of any breed or age being transported
in this state from other than a state or federal licensed and
inspected slaughterhouse or common carrier hauling for such
slaughterhouse, shall be accompanied by a certificate of
permit signed by the owner of such carcass or primal part
thereof and, if such carcass or primal part is delivered to a
facility custom handling such carcasses or primal part
thereof, such certificate of permit shall be deposited with the
owner or manager of such custom handling facility and such
certificate of permit shall be retained for a period of one
year and be made available to the department for inspection
during reasonable business hours. The owner of such
carcass or primal part thereof shall mail a copy of the said
certificate of permit to the department within ten days of
said transportation. [1967 c 240 § 37.]
16.57.277 Custom slaughter beef tags—Fee—Rules.
Any person licensed as a custom farm slaughterer under
RCW 16.49.035 shall complete and attach a custom
slaughter beef tag to each of the four quarters of all slaughtered cattle handled by the slaughterer. The tags must
remain on the quarters until the quarters are cut and
wrapped. Only the director may provide custom slaughter
beef tags to custom farm slaughterers. The fee for each set
of four custom slaughter beef tags is as prescribed in WAC
16-607-100 as it existed on January 1, 2000. The director
may, by rule, establish criteria for the use of custom slaughter beef tags. [2000 c 99 § 14.]
16.57.280 Possession of livestock marked with
another’s brand—Penalty. No person shall knowingly
have unlawful possession of any livestock marked with a
recorded brand or tattoo of another person unless:
(1) Such livestock lawfully bears the person’s own
healed recorded brand; or
(2) Such livestock is accompanied by a certificate of
permit from the owner of the recorded brand or tattoo; or
(3) Such livestock is accompanied by a brand inspection
certificate; or
(4) Such cattle is accompanied by a self-inspection slip;
or
(5) Such livestock is accompanied by a bill of sale from
the previous owner or other satisfactory proof of ownership.
(2002 Ed.)
Identification of Livestock
A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1995 c 374 §
52; 1991 c 110 § 5; 1959 c 54 § 28.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
16.57.290 Unbranded and undocumented cattle and
horses—Disposition. All unbranded cattle and horses and
those bearing brands not recorded, in the current edition of
this state’s brand book, which are not accompanied by a
certificate of permit, and those bearing brands recorded, in
the current edition of this state’s brand book, which are not
accompanied by a certificate of permit signed by the owner
of the brand when presented for inspection by the director,
shall be sold by the director or the director’s representative,
unless other satisfactory proof of ownership is presented
showing the person presenting them to be lawfully in
possession. Upon the sale of such cattle or horses, the
director or the director’s representative shall give the purchasers a bill of sale therefor, or, if theft is suspected, the
cattle or horses may be impounded by the director or the
director’s representative. [1995 c 374 § 53; 1989 c 286 §
23; 1981 c 296 § 20; 1979 c 154 § 18; 1967 ex.s. c 120 § 6;
1959 c 54 § 29.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note
following RCW 15.36.012.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Severability—1979 c 154: See note following RCW 15.49.330.
16.57.300 Unbranded and undocumented cattle and
horses—Disposition of sale proceeds. The proceeds from
the sale of cattle and horses as provided for under RCW
16.57.290, after paying the cost thereof, shall be paid to the
director, who shall make a record showing the brand or
marks or other method of identification of the animals and
the amount realized from the sale thereof. However, the
proceeds from a sale of such cattle or horses at a licensed
public livestock market shall be held by the licensee for a
reasonable period not to exceed thirty days to permit the
consignor to establish ownership or the right to sell such
cattle or horses. If such consignor fails to establish legal
ownership or the right to sell such cattle or horses, such
proceeds shall be paid to the director to be disposed of as
any other estray proceeds. [1989 c 286 § 24; 1981 c 296 §
21; 1959 c 54 § 30.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.310 Notice of sale—Claim on proceeds. When
a person has been notified by registered mail that animals
bearing his recorded brand have been sold by the director, he
shall present to the director a claim on the proceeds within
ten days from the receipt of the notice or the director may
decide that no claim exists. [1959 c 54 § 31.]
16.57.320 Disposition of proceeds of sale when no
proof of ownership—Penalty for accepting proceeds after
sale, trade, etc. If, after the expiration of one year from the
date of sale, the person presenting the animals for inspection
(2002 Ed.)
16.57.280
has not provided the director with satisfactory proof of
ownership, the proceeds from the sale shall be paid on the
claim of the owner of the recorded brand. However, it shall
be a gross misdemeanor for the owner of the recorded brand
to knowingly accept such funds after he or she has sold,
bartered or traded such animals to the claimant or any other
person. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021. [1991 c 110 § 6; 1959
c 54 § 32.]
16.57.330 Disposition of proceeds of sale when no
claim made. If, after the expiration of one year from the
date of sale, no claim is made, the money shall be credited
to the department of agriculture to be expended in carrying
out the provisions of this chapter. [1959 c 54 § 33.]
16.57.340 Reciprocal agreements—When livestock
from another state an estray, sale. The director shall have
the authority to enter into reciprocal agreements with any or
all states to prevent the theft, misappropriation or loss of
identification of livestock. The director may declare any
livestock which is shipped or moved into this state from
such states estrays if such livestock is not accompanied by
the proper official brand certificate or other such certificates
required by the law of the state of origin of such livestock.
The director may hold such livestock subject to all costs of
holding or sell such livestock and send the funds, after the
deduction of the cost of such sale, to the proper authority in
the state of origin of such livestock. [1959 c 54 § 34.]
16.57.350 Rules—Enforcement of chapter. The
director may adopt such rules as are necessary to carry out
the purposes of this chapter. It shall be the duty of the
director to enforce and carry out the provisions of this
chapter and/or rules adopted hereunder. No person shall
interfere with the director when he or she is performing or
carrying out duties imposed on him or her by this chapter
and/or rules adopted hereunder. [1994 c 46 § 8; 1959 c 54
§ 35.]
Effective date—1994 c 46: See note following RCW 15.58.070.
16.57.360 Civil infractions. The department is
authorized to issue notices of and enforce civil infractions in
the manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or
rules and regulations adopted hereunder shall constitute a
class I civil infraction as provided under chapter 7.80 RCW
unless otherwise specified herein. [1991 c 110 § 7; 1959 c
54 § 36.]
16.57.370 Disposition of fees. All fees collected
under the provisions of this chapter shall be retained and
deposited by the director to be used only for the enforcement
of this chapter. [1959 c 54 § 37.]
Fees provided in chapter 16.58 RCW to be used to carry out provisions of
chapters 16.57 and 16.58 RCW: RCW 16.58.130.
16.57.380 Horses—Mandatory brand inspection
points—Powers of director. The director may by rule
[Title 16 RCW—page 27]
16.57.380
Title 16 RCW: Animals and Livestock
adopted subsequent to a public hearing designate any point
for mandatory brand inspection of horses or the furnishing
of proof that horses passing or being transported through
such points have been brand inspected and are lawfully
being moved. Further, the director may stop vehicles
carrying horses to determine if such horses are identified or
branded. [1991 c 110 § 8; 1981 c 296 § 22; 1974 ex.s. c 38
§ 1.]
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.400 Horse and cattle identification—
Exemption from brand inspection—Fees. The director
may provide by rules and regulations adopted pursuant to
chapter 34.05 RCW for the issuance of individual horse and
cattle identification certificates or other means of horse and
cattle identification deemed appropriate. Such certificates or
other means of identification shall be valid only for the use
of the horse and cattle owner in whose name it is issued.
Horses and cattle identified pursuant to the provisions
of this section and the rules and regulations adopted hereunder shall not be subject to brand inspection except when sold
at points provided for in RCW 16.57.380. The director shall
charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification
shall be issued until the director has received the fee. The
schedule of fees shall be established in accordance with the
provisions of chapter 34.05 RCW. [1994 c 46 § 20; 1993 c
354 § 9; 1981 c 296 § 23; 1974 ex.s. c 38 § 3.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.405 Microchip in a horse—Removal with
intent to defraud—Gross misdemeanor. A person who
removes or causes to be removed a microchip implanted in
a horse, or who removes or causes to be removed a
microchip from one horse and implants or causes it to be
implanted in another horse, with the intent to defraud a
subsequent purchaser, is guilty of a gross misdemeanor.
[1996 c 105 § 2.]
16.57.407 Microchip in a horse—Authority to
investigate removal. The department has the authority to
conduct an investigation of an incident where scars or other
marks indicate that a microchip has been removed from a
horse. [1996 c 105 § 3.]
16.57.410 Horses—Registering agencies—Records—
Identification symbol inspections—Rules. (1) No person
may act as a registering agency without a permit issued by
the department. The director may issue a permit to any
person or organization to act as a registering agency for the
purpose of issuing permanent identification symbols for
horses in a manner prescribed by the director. Application
for such permit, or the renewal thereof by January 1 of each
year, shall be on a form prescribed by the director, and
accompanied by the proof of registration to be issued, any
other documents required by the director, and a fee of one
hundred dollars.
[Title 16 RCW—page 28]
(2) Each registering agency shall maintain a permanent
record for each individual identification symbol. The record
shall include, but need not be limited to, the name, address,
and phone number of the horse owner and a general description of the horse. A copy of each permanent record
shall be forwarded to the director, if requested by the
director.
(3) Individual identification symbols shall be inspected
as required for brands under RCW 16.57.220 and 16.57.380.
Any horse presented for inspection and bearing such a
symbol, but not accompanied by proof of registration and
certificate of permit, shall be sold as provided under RCW
16.57.290 through 16.57.330.
(4) The director shall adopt such rules as are necessary
for the effective administration of this section pursuant to
chapter 34.05 RCW. [1993 c 354 § 11; 1989 c 286 § 25;
1981 c 296 § 35.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
16.57.420 Ratite identification. The department may,
in consultation with representatives of the ratite industry,
develop by rule a system that provides for the identification
of individual ratites through the use of microchipping. The
department may establish fees for the issuance or reissuance
of microchipping numbers sufficient to cover the expenses
of the department. [1993 c 105 § 3.]
Legislative finding and purpose—1993 c 105: See note following
RCW 16.57.010.
16.57.900 Severability—1959 c 54. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole, or any section, provision
or part thereof, not adjudged invalid or unconstitutional.
[1959 c 54 § 38.]
16.57.901 Severability—1967 c 240. See note
following RCW 43.23.010.
Chapter 16.58
IDENTIFICATION OF CATTLE THROUGH
LICENSING OF CERTIFIED FEED LOTS
Sections
16.58.010
16.58.020
16.58.030
16.58.040
16.58.050
16.58.060
16.58.070
16.58.080
16.58.095
16.58.100
16.58.110
16.58.120
16.58.130
16.58.140
16.58.150
16.58.160
Purpose.
Definitions.
Rules and regulations—Interference with director proscribed.
Certified feed lot license—Required—Application, contents.
Certified feed lot license—Fee—Issuance or renewal.
Certified feed lot license—Expiration—Late renewal.
Certified feed lot license—Denial, suspension, or revocation
of—Procedure.
Brand inspection, facilities and help to be furnished for.
Brand inspection required for cattle not having brand inspection certificate.
Audits—Purpose.
Records—Examination.
Records required at each certified feed lot.
Feed lots—Fee for each head of cattle handled—Failure to
pay.
Disposition of fees.
Situations when no brand inspection required.
Suspension of license awaiting investigation.
(2002 Ed.)
Identification of Cattle Through Licensing of Certified Feed Lots
16.58.170
16.58.900
16.58.910
General penalties—Subsequent offenses.
Chapter as cumulative and nonexclusive.
Severability—1971 ex.s. c 181.
16.58.010 Purpose. The purpose of this chapter is to
expedite the movement of cattle from producers to the point
of slaughter without losing the ownership identity of such
cattle, and further to provide for fair and economical
methods of identification of cattle in such commercial feed
lots. [1979 c 81 § 1; 1971 ex.s. c 181 § 1.]
16.58.020 Definitions. For the purpose of this
chapter:
(1) "Certified feed lot" means any place, establishment,
or facility commonly known as a commercial feed lot, cattle
feed lot, or the like, which complies with all of the requirements of this chapter, and any regulations adopted pursuant
to the provisions of this chapter and which holds a valid
license from the director as hereinafter provided.
(2) "Department" means the department of agriculture
of the state of Washington.
(3) "Director" means the director of the department or
his duly authorized representative.
(4) "Licensee" means any persons licensed under the
provisions of this chapter.
(5) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term
shall import either the singular or the plural as the case may
be. [1971 ex.s. c 181 § 2.]
16.58.030 Rules and regulations—Interference with
director proscribed. The director may adopt such rules and
regulations as are necessary to carry out the purpose of this
chapter. The adoption of such rules shall be subject to the
provisions of this chapter and rules and regulations adopted
hereunder. No person shall interfere with the director when
he is performing or carrying out any duties imposed upon
him by this chapter or rules and regulations adopted hereunder. [1971 ex.s. c 181 § 3.]
16.58.040 Certified feed lot license—Required—
Application, contents. On or after August 9, 1971, any
person desiring to engage in the business of operating one or
more certified feed lots shall obtain an annual license from
the director for such purpose. The application for a license
shall be on a form prescribed by the director and shall
include the following:
(1) The number of certified feed lots the applicant
intends to operate and their exact location and mailing
address;
(2) The legal description of the land on which the
certified feed lot will be situated;
(3) A complete description of the facilities used for
feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be
handled for feeding purposes at each such certified feed lot;
and
(5) Any other information necessary to carry out the
purpose and provisions of this chapter and rules or regulations adopted hereunder. [1971 ex.s. c 181 § 4.]
(2002 Ed.)
Chapter 16.58
16.58.050 Certified feed lot license—Fee—Issuance
or renewal. The application for an annual license to engage
in the business of operating one or more certified feed lots
shall be accompanied by a license fee of six hundred dollars.
Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted
hereunder, the applicant shall be issued a license or a
renewal thereof. [1997 c 356 § 5; 1997 c 356 § 4; 1994 c
46 § 23; 1994 c 46 § 14; 1993 c 354 § 3; 1979 c 81 § 2;
1971 ex.s. c 181 § 5.]
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.58.060 Certified feed lot license—Expiration—
Late renewal. The director shall establish by rule an
expiration date or dates for all certified feed lot licenses.
License fees shall be prorated where necessary to accommodate staggering of expiration dates of a license or licenses.
If an application for renewal of a certified feed lot license is
not received by the department per the date required by rule
or should a person fail, refuse, or neglect to apply for
renewal of a preexisting license on or before the date of
expiration, that person shall be assessed an additional
twenty-five dollars which shall be added to the regular
license fee and shall be paid before the director may issue a
license to the applicant. [1991 c 109 § 10; 1971 ex.s. c 181
§ 6.]
16.58.070 Certified feed lot license—Denial, suspension, or revocation of—Procedure. The director is
authorized to deny, suspend, or revoke a license in accord
with the provisions of chapter 34.05 RCW if he finds that
there has been a failure to comply with any requirement of
this chapter or rules and regulations adopted hereunder.
Hearings for the revocation, suspension, or denial of a
license shall be subject to the provisions of chapter 34.05
RCW concerning adjudicative proceedings. [1989 c 175 §
54; 1971 ex.s. c 181 § 7.]
Effective date—1989 c 175: See note following RCW 34.05.010.
16.58.080 Brand inspection, facilities and help to be
furnished for. Every certified feed lot shall be equipped
with a facility or a livestock pen, approved by the director
as to location and construction within the said feed lot so
that necessary brand inspection can be carried on in a
proper, expeditious and safe manner. Each licensee shall
furnish the director with sufficient help necessary to carry
out brand inspection in the manner set forth above. [1971
ex.s. c 181 § 8.]
16.58.095 Brand inspection required for cattle not
having brand inspection certificate. All cattle entering or
reentering a certified feed lot must be inspected for brands
upon entry, unless they are accompanied by a brand inspection certificate issued by the director, or any other agency
authorized in any state or Canadian province by law to issue
such a certificate. Licensees shall report a discrepancy
[Title 16 RCW—page 29]
16.58.095
Title 16 RCW: Animals and Livestock
between cattle entering or reentering a certified feed lot and
the brand inspection certificate accompanying the cattle to
the nearest brand inspector immediately. A discrepancy may
require an inspection of all the cattle entering or reentering
the lot, except as may otherwise be provided by rule. [1991
c 109 § 11; 1979 c 81 § 6.]
16.58.100 Audits—Purpose. The director shall each
year conduct audits of the cattle received, fed, handled, and
shipped by the licensee at each certified feed lot. Such
audits shall be for the purpose of determining if such cattle
correlate with the brand inspection certificates issued in their
behalf and that the certificate of assurance furnished the
director by the licensee correlates with his assurance that
brand inspected cattle were not commingled with uninspected cattle. [1979 c 81 § 3; 1971 ex.s. c 181 § 10.]
16.58.110 Records—Examination. All certified feed
lots shall furnish the director with records as requested by
him from time to time on all cattle entering or on feed in
said certified feed lots and dispersed therefrom. All such
records shall be subject to examination by the director for
the purpose of maintaining the integrity of the identity of all
such cattle. The director may make the examinations only
during regular business hours except in an emergency to
protect the interest of the owners of such cattle. [1991 c 109
§ 12; 1971 ex.s. c 181 § 11.]
16.58.120 Records required at each certified feed
lot. The licensee shall maintain sufficient records as
required by the director at each certified feed lot, if said
licensee operates more than one certified feed lot. [1991 c
109 § 13; 1971 ex.s. c 181 § 12.]
16.58.130 Feed lots—Fee for each head of cattle
handled—Failure to pay. Each licensee shall pay to the
director a fee of twelve cents for each head of cattle handled
through the licensee’s feed lot. Payment of such fee shall be
made by the licensee on a monthly basis. Failure to pay as
required shall be grounds for suspension or revocation of a
certified feed lot license. Further, the director shall not
renew a certified feed lot license if a licensee has failed to
make prompt and timely payments. [1997 c 356 § 7; 1997
c 356 § 6; 1994 c 46 § 24; 1994 c 46 § 15; 1993 c 354 § 4;
1991 c 109 § 14; 1979 c 81 § 4; 1971 ex.s. c 181 § 13.]
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 §§ 21-25: See note following RCW
16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.58.140 Disposition of fees. All fees provided for
in this chapter shall be retained by the director for the
purpose of enforcing and carrying out the purpose and
provisions of this chapter or chapter 16.57 RCW. [1979 c
81 § 5; 1971 ex.s. c 181 § 14.]
16.58.150 Situations when no brand inspection
required. No brand inspection shall be required when cattle
[Title 16 RCW—page 30]
are moved or transferred from one certified feed lot to
another or the transfer of cattle from a certified feed lot to
a point within this state, or out of state where this state
maintains brand inspection, for the purpose of immediate
slaughter. [1971 ex.s. c 181 § 15.]
16.58.160 Suspension of license awaiting investigation. The director may, when a certified feed lot’s conditions become such that the integrity of reports or records of
the cattle therein becomes doubtful, suspend such certified
feed lot’s license until such time as the director can conduct
an investigation to carry out the purpose of this chapter.
[1991 c 109 § 15; 1971 ex.s. c 181 § 16.]
16.58.170 General penalties—Subsequent offenses.
Any person who violates the provisions of this chapter or
any rule or regulation adopted hereunder shall be guilty of
a misdemeanor and shall be guilty of a gross misdemeanor
for any second or subsequent violation: PROVIDED, That
any offense committed more than five years after a previous
conviction shall be considered a first offense. [1971 ex.s. c
181 § 17.]
16.58.900 Chapter as cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1971
ex.s. c 181 § 18.]
16.58.910 Severability—1971 ex.s. c 181. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances shall not be affected. [1971 ex.s. c 181 § 19.]
Chapter 16.60
FENCES
Sections
16.60.010
16.60.011
16.60.015
16.60.020
16.60.030
16.60.040
16.60.050
16.60.055
16.60.060
16.60.062
16.60.064
16.60.075
16.60.076
16.60.080
16.60.085
16.60.090
16.60.095
Lawful fence defined.
Other lawful fences.
Liability for damages—Restraint—Notice.
Partition fence—Reimbursement.
Partition fence—Erection—Notice.
Partition fence—Failure to build—Recovery of half of cost.
Partition fence—Hog fencing.
Fence on the land of another by mistake—Removal.
Partition fence—Discontinuance.
Assessing value of partition fence.
Impeachment of assessment—Damages.
Damages by breachy animals.
Proof.
Temporary gate across highway.
Temporary gate across highway—Auditor may grant permit.
Failure to remove gate—Penalty.
Fees.
16.60.010 Lawful fence defined. A lawful fence shall
be of at least four barbed, horizontal, well-stretched wires,
spaced so that the top wire is forty-eight inches, plus or
minus four inches, above the ground and the other wires at
intervals below the top wire of twelve, twenty-two, and
thirty-two inches. These wires shall be securely fastened to
substantial posts set firmly in the ground as nearly equidis(2002 Ed.)
Fences
tant as possible, but not more than twenty-four feet apart. If
the posts are set more than sixteen feet apart, the wires shall
be supported by stays placed no more than eight feet from
each other or from the posts. [1985 c 415 § 22; Code 1881
§ 2488; 1873 p 447 § 1; 1871 p 63 § 1; 1869 p 323 § 1;
RRS § 5441. FORMER PART OF SECTION: Code 1881
§ 2489; 1873 p 447 § 2; 1871 p 64 § 2; 1869 p 324 § 2;
RRS § 5442, now codified as RCW 16.60.011.]
16.60.011 Other lawful fences. All other fences as
strong and as well calculated as the fence described in RCW
16.60.010 shall be lawful fences. [1985 c 415 § 23; Code
1881 § 2489; 1873 p 447 § 2; 1871 p 64 § 2; 1869 p 324 §
2; RRS § 5442. Formerly RCW 16.60.010, part.]
16.60.010
Hog fencing: RCW 16.60.050.
16.60.030 Partition fence—Erection—Notice. When
two or more persons own land adjoining which is inclosed
by one fence, and it becomes necessary for the protection of
the interest of one party said partition fence should be made
between them, the other or others, when notified thereof,
shall erect or cause to be erected one-half of such partition
fence, said fence to be erected on, or as near as practicable,
the line of said land. [Code 1881 § 2492; 1873 p 448 § 5;
1871 p 65 § 5; 1869 p 325 § 5; RRS § 5445.]
16.60.040 Partition fence—Failure to build—
Recovery of half of cost. If, after notice has been given by
either party and a reasonable length of time has elapsed, the
other party neglect or refuse to erect or cause to be erected,
the one-half of such fence, the party giving notice may
proceed to erect or cause to be erected the entire partition
fence, and collect by law one-half of the cost thereof from
the other party. [Code 1881 § 2493; 1873 p 448 § 6; 1871
p 65 § 6; 1869 p 325 § 6; RRS § 5446.]
16.60.015 Liability for damages—Restraint—Notice.
Any person making and maintaining in good repair around
his or her enclosure or enclosures, any fence such as is
described in RCW 16.60.010 and 16.60.011, may recover in
a suit for trespass before the nearest court having competent
jurisdiction, from the owner or owners of any animal or
animals which shall break through such fence, in full for all
damages sustained on account of such trespass, together with
the costs of suits; and the animal or animals, so trespassing,
may be taken and held as security for the payment of such
damages and costs: PROVIDED, That such person shall
provide notice as required under RCW 16.04.020 and
16.04.025: PROVIDED FURTHER, That such person shall
have such fences examined and the damages assessed by
three reliable, disinterested parties and practical farmers,
within five days next after the trespass has been committed:
AND, PROVIDED FURTHER, That if, before trial, the
owner of such trespassing animal or animals, shall have
tendered the person injured any costs which may have
accrued, and also the amount in lieu of damages which shall
equal or exceed the amount of damages afterwards awarded
by the court or jury, and the person injured shall refuse the
same and cause the trial to proceed, such person shall pay all
costs and receive only the damages awarded. [1985 c 415
§ 26; Code 1881 § 2490; 1873 p 447 § 3; 1871 p 64 § 3;
1869 p 324 § 3; RRS § 5443.]
16.60.050 Partition fence—Hog fencing. The
respective owners of adjoining inclosures shall keep up and
maintain in good repair all partition fences between such
inclosures in equal shares, so long as they shall continue to
occupy or improve the same; and in case either of the parties
shall desire to make such fence capable of turning hogs and
the other party does not desire to use it for such purpose,
then the party desiring to use it shall have the right to attach
hog-fencing material to the posts of such fence, which hog
fencing shall remain the property of the party who put it up,
and he may remove it at any time he desires: PROVIDED,
That he leaves the fence in as good condition as it was when
the hog fencing was by him attached, the natural decay of
the posts excepted. The attaching of such hog fencing shall
not relieve the other party from the duty of keeping in repair
his part of such fence, as to all materials used in said fence
additional to said hog fencing. [1907 c 13 § 2; Code 1881
§ 2494; 1873 p 449 § 7; 1871 p 65 § 7; 1869 p 325 § 7;
RRS § 5447.]
Trespassing animals—Restraint—Damages and costs: RCW 16.04.010.
Reimbursement—Hog fencing: RCW 16.60.020.
16.60.020 Partition fence—Reimbursement. When
any fence has been, or shall hereafter be, erected by any
person on the boundary line of his land and the person
owning land adjoining thereto shall make, or cause to be
made, an inclosure, so that such fence may also answer the
purpose of inclosing his ground, he shall pay the owner of
such fence already erected one-half of the value of so much
thereof as serves for a partition fence between them:
PROVIDED, That in case such fence has woven wire or
other material known as hog fencing, then the adjoining
owner shall not be required to pay the extra cost of such hog
fencing over and above the cost of erecting a lawful fence,
as by law defined, unless such adjoining owner has his land
fenced with hog fencing and uses the partition fence to make
a hog enclosure of his land, then he shall pay to the one who
owns said hog fence one-half of the value thereof. [1907 c
13 § 1; Code 1881 § 2491; 1873 p 448 § 4; 1871 p 65 § 4;
1869 p 324 § 4; RRS § 5444.]
16.60.055 Fence on the land of another by mistake—Removal. When any person shall unwittingly or by
mistake, erect any fence on the land of another, and when by
a line legally determined that fact shall be ascertained, such
person may enter upon the premises and remove such fence
at any time within three months after such line has been run
as aforesaid: PROVIDED, That when the fence to be
removed forms any part of a fence enclosing a field of the
other party having a crop thereon, such first person shall not
remove such fence until such crop might, with reasonable
diligence, have been gathered and secured, although more
than three months may have elapsed since such division line
was run. [Code 1881 § 2495; 1873 p 449 § 8; 1871 p 65 §
8; 1869 p 325 § 8; RRS § 5448. Formerly RCW 16.60.070.]
(2002 Ed.)
16.60.060 Partition fence—Discontinuance. When
any party shall wish to lay open his inclosure, he shall notify
any person owning adjoining inclosures, and if such person
[Title 16 RCW—page 31]
16.60.060
Title 16 RCW: Animals and Livestock
shall not pay to the party giving notice one-half the value of
any partition fence between such enclosures, within three
months after receiving such notice, the party giving notice
may proceed to remove one-half of such fence, as provided
in RCW 16.60.055. [Code 1881 § 2496; 1873 p 449 § 9;
1871 p 65 § 9; 1869 p 325 § 9; RRS § 5449.]
16.60.062 Assessing value of partition fence. In
assessing the value of any partition fence, the parties shall
proceed as provided for the assessment of damages in RCW
16.60.020. [Code 1881 § 2497; 1873 p 449 § 10; 1871 p 66
§ 10; 1869 p 326 § 10; RRS § 5450.]
16.60.064 Impeachment of assessment—Damages.
Upon the trial of any cause occurring under the provisions
of RCW 16.60.010 through 16.60.076, the defendant may
impeach any such assessment, and in that case the court or
the jury shall determine the damages. [Code 1881 § 2498;
1873 p 449 § 11; 1871 p 66 § 11; 1869 p 326 § 11; RRS §
5451.]
16.60.075 Damages by breachy animals. The owner
of any animal that is unruly, and in the habit of breaking
through or throwing down fences, if after being notified that
such animal is unruly and in the habit of breaking through
or throwing down fences as aforesaid, he shall allow such
animal to run at large, shall be liable for all damages caused
by such animal, and any and all other animals, that may be
in company with such animal. [Code 1881 § 2499; 1873 p
449 § 12; 1871 p 66 § 12; 1869 p 326 § 12; RRS § 5452.
Formerly RCW 16.04.090, part. FORMER PART OF
SECTION: Code 1881 § 2500; 1873 p 450 § 13; 1871 p 66
§ 13; RRS § 5453, now codified as RCW 16.60.076.]
16.60.076 Proof. In case of actions for damages
under RCW 16.60.010 through 16.60.076, it shall be sufficient to prove that the fence was lawful when the break was
made. [Code 1881 § 2500; 1873 p 450 § 13; 1871 p 66 §
13; RRS § 5453. Formerly RCW 16.04.090, part.]
16.60.080 Temporary gate across highway. Whenever any inhabitant of this state shall have his fences
removed by floods or destroyed by fire, the county commissioners of the county in which he resides shall have
power to grant a license or permit for him or her to put a
convenient gate or gates across any highway for a limited
period of time, to be named in their order, in order to secure
him from depredations upon his crops until he can repair his
fences, and they shall grant such license or permit for no
longer period than they may think absolutely necessary.
[Code 1881, Bagley’s Supp., p 25 § 1; 1871 p 103 § 1; RRS
§ 5459. FORMER PART OF SECTION: Code 1881,
Bagley’s Supp., p 25 § 2; 1871 p 104 § 2; RRS § 5460, now
codified as RCW 16.60.085.]
16.60.085 Temporary gate across highway—Auditor
may grant permit. It shall be lawful for the auditor of any
county to grant such permit in vacation, but his license shall
not extend past the next meeting of the commissioner’s
[Title 16 RCW—page 32]
court. [Code 1881, Bagley’s Supp., p 25 § 2; 1871 p 104 §
2; RRS § 5460. Formerly RCW 16.60.080, part.]
16.60.090 Failure to remove gate—Penalty. Any
person retaining a gate across the highway after his license
shall expire, shall be subject to a fine of one dollar for the
first day and fifty cents for each subsequent day he shall
retain the same, and it may be removed by the road supervisor, as an obstruction, at the cost of the person placing or
keeping it upon the highway. [Code 1881, Bagley’s Supp.,
p 25 § 3; 1871 p 104 § 3; RRS § 5461.]
16.60.095 Fees. The fees of the auditor under RCW
16.60.080 through 16.60.095 shall be paid by the applicant.
[Code 1881, Bagley’s Supp., p 25 § 4; 1871 p 104 § 4.]
Chapter 16.65
PUBLIC LIVESTOCK MARKETS
Sections
16.65.010
16.65.015
16.65.020
16.65.030
16.65.037
16.65.040
16.65.042
16.65.044
16.65.050
16.65.060
16.65.080
16.65.090
16.65.100
16.65.110
16.65.120
16.65.130
16.65.140
16.65.150
16.65.160
16.65.170
16.65.180
16.65.190
16.65.200
16.65.210
16.65.220
16.65.230
16.65.232
16.65.235
16.65.240
16.65.250
16.65.260
16.65.270
16.65.280
Definitions.
Exemptions from chapter.
Supervision of markets and special open consignment horse
sales—Rules and regulations—Interference with
director’s duties.
Public livestock market license—Application—Fee.
Approval of application—License—Fee—Rules.
Public livestock market license—Expiration—Penalty.
Special open consignment horse sale license required—
Application—Fee—Where and when valid.
Public livestock market—Open consignment horse sale—
Consignor’s name.
Disposition of fees.
License to be posted.
Denial, suspension, revocation of license—Procedure.
Brand inspection—Consignor’s fee—Inspection fee.
Brand inspection—Purchaser’s fee.
Charge for examining, testing, inoculating, etc.—Minimum
fee.
Disposition of proceeds of sale—Limitations on licensee.
Unlawful use of consignor’s net proceeds.
"Custodial account for consignor’s proceeds"—Composition,
use—Accounts and records.
Penalty for failure to disclose unsatisfied lien, mortgage.
Delivery of proceeds and invoice to consignor or shipper.
Records of licensee—Contents.
Unjust, unreasonable, discriminatory rates or charges prohibited.
Schedule of rates and charges.
Licensee’s bond to operate market or special open consignment horse sale.
Licensee’s bond to operate market—Amount determined by
prior business operations—Minimum amount.
Licensee’s bond to operate market—Amount when no prior
business operations—Minimum and maximum amount.
Licensee’s bond to operate market—One bond for each
market.
Licensee’s bond to operate special open consignment horse
sale—Amount determined by estimate of business—
Minimum amount.
Cash or other security in lieu of surety bond.
Action on bond—Fraud of licensee.
Action on bond—Failure to comply with chapter.
Licensee’s failure to pay vendor, consignor—Complaint—
Director’s powers and duties.
Licensee’s failure to pay vendor, consignor—Failure of
vendor, consignor to file claim.
Licensee’s failure to pay vendor, consignor—Duties of
director when names of creditors not available.
(2002 Ed.)
Public Livestock Markets
16.65.290
16.65.300
16.65.310
16.65.320
16.65.330
16.65.340
16.65.350
16.65.360
16.65.370
16.65.380
16.65.390
16.65.400
16.65.410
16.65.420
16.65.422
16.65.423
16.65.424
16.65.430
16.65.440
16.65.445
16.65.450
16.65.900
16.65.910
Exemptions
Licensee’s failure to pay vendor, consignor—Settlement,
compromise of claims—Demand on bond—Discharge.
Licensee’s failure to pay vendor, consignor—Refusal by
surety company to pay demand—Action on bond—New
bond, suspension or revocation of license on failure to
file.
Licensee’s failure to pay vendor, consignor—Settlement,
compromise—Creditors share—Priority of state’s claim.
Investigations by director—Complaints.
Investigations—Powers of director.
Testing, examination, etc., of livestock for disease.
Examinations, inspections, sanitary and health practices—
Suspension, revocation of license.
Facilities—Sanitation—Requirements.
Watering, feeding facilities—Unlawful acts.
Adequate facilities and space required for veterinarians to
function.
Adequate space and facilities required for brand inspectors
to function.
Weighing of livestock at public livestock market.
Packer’s interest in market limited.
Application for sales day for new salesyard, change of or
additional sales days, special sales—Considerations for
allocation.
Special sales of purebred livestock.
Limited public livestock market license, sale of horses
and/or mules—Sales days.
Additional sales days limited to sales of horses and/or
mules.
Information and records available to director and news services.
Penalty.
Hearings.
Orders—Appeal.
Severability—1959 c 107.
Severability—1963 c 232.
from commission merchants’ act: RCW 20.01.030.
16.65.010 Definitions. For the purposes of this
chapter:
(1) The term "public livestock market" means any place,
establishment or facility commonly known as a "public
livestock market", "livestock auction market", "livestock
sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public
livestock market, consisting of pens or other enclosures, and
their appurtenances in which livestock is received, held, sold,
kept for sale or shipment. The term does not include the
operation of a person licensed under this chapter to operate
a special open consignment horse sale.
(2) "Department" means the department of agriculture
of the state of Washington.
(3) "Director" means the director of the department or
his duly authorized representative.
(4) "Licensee" means any person licensed under the
provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle,
sheep, swine, and goats.
(6) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term
shall import either the singular or the plural as the case may
be.
(7) "Stockyard" means any place, establishment, or
facility commonly known as a stockyard consisting of pens
or other enclosures and their appurtenances in which
livestock services such as feeding, watering, weighing,
sorting, receiving and shipping are offered to the public:
(2002 Ed.)
Chapter 16.65
PROVIDED, That stockyard shall not include any facilities
where livestock is offered for sale at public auction, feed
lots, or quarantined registered feed lots.
(8) "Packer" means any person engaged in the business
of slaughtering, manufacturing, preparing meat or meat
products for sale, marketing meat, meat food products or
livestock products.
(9) "Deputy state veterinarian" means a graduate
veterinarian authorized to practice in the state of Washington
and appointed or deputized by the director as his duly
authorized representative.
(10) "Special open consignment horse sale" means a
sale conducted by a person other than the operator of a
public livestock market which is limited to the consignment
of horses and donkeys only for sale on an occasional and
seasonal basis. [1983 c 298 § 1; 1961 c 182 § 1; 1959 c
107 § 1.]
16.65.015 Exemptions from chapter. This chapter
does not apply to:
(1) A farmer selling his own livestock on the farmer’s
own premises by auction or any other method.
(2) A farmers’ cooperative association or an association
of livestock breeders when any class of their own livestock
is assembled and offered for sale at a special sale on an
occasional and seasonal basis under the association’s management and responsibility, and the special sale has been
approved by the director in writing. However, the special
sale shall be subject to brand and health inspection requirements as provided in this chapter for sales at public livestock
markets. [1983 c 298 § 2.]
16.65.020 Supervision of markets and special open
consignment horse sales—Rules and regulations—
Interference with director’s duties. Public livestock
markets and special open consignment horse sales shall be
under the direction and supervision of the director, and the
director, but not his duly authorized representative, may
adopt such rules and regulations as are necessary to carry out
the purpose of this chapter. It shall be the duty of the
director to enforce and carry out the provisions of this
chapter and rules and regulations adopted hereunder. No
person shall interfere with the director when he is performing or carrying out any duties imposed upon him by this
chapter or rules and regulations adopted hereunder. [1983
c 298 § 5; 1959 c 107 § 2.]
16.65.030 Public livestock market license—
Application—Fee. (1) On and after June 10, 1959, no
person shall operate a public livestock market without first
having obtained a license from the director. Application for
such license shall be in writing on forms prescribed by the
director, and shall include the following:
(a) A nonrefundable original license application fee of
fifteen hundred dollars.
(b) A legal description of the property upon which the
public livestock market shall be located.
(c) A complete description and blueprints or plans of the
public livestock market physical plant, yards, pens, and all
facilities the applicant proposes to use in the operation of
such public livestock market.
[Title 16 RCW—page 33]
16.65.030
Title 16 RCW: Animals and Livestock
(d) A detailed statement showing all the assets and
liabilities of the applicant which must reflect a sufficient net
worth to construct or operate a public livestock market.
(e) The schedule of rates and charges the applicant
proposes to impose on the owners of livestock for services
rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which
the applicant proposes to operate his or her public livestock
market sales.
(g) Projected source and quantity of livestock, by
county, anticipated to be handled.
(h) Projected income and expense statements for the
first year’s operation.
(i) Facts upon which are based the conclusion that the
trade area and the livestock industry will benefit because of
the proposed market.
(j) Such other information as the director may reasonably require.
(2) The director shall, after public hearing as provided
by chapter 34.05 RCW, grant or deny an application for
original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at
the same hearing to:
(a) Benefits to the livestock industry to be derived from
the establishment and operation of the public livestock
market proposed in the application; and
(b) The present market services elsewhere available to
the trade area proposed to be served.
(3) Applications for renewal under RCW 16.65.040 shall
include all information under subsection (1) of this section,
except subsection (1)(a) of this section. [1995 c 374 § 54;
(1994 c 46 § 21 repealed by 1995 c 374 § 55); 1994 c 46 §
12; 1993 c 354 § 1; 1991 c 17 § 1; 1979 ex.s. c 91 § 1;
1971 ex.s. c 192 § 1; 1967 ex.s. c 120 § 5; 1961 c 182 § 2;
1959 c 107 § 3.]
Prior legislative approval—1994 c 46: "The reenactment of sections
12 through 20 of this act constitutes approval of fee increases for which
prior legislative approval is required by RCW 43.135.055 (section 8, chapter
2, Laws of 1994, Initiative Measure No. 601)." [1994 c 46 § 26.]
Effective date—1994 c 46: See note following RCW 15.58.070.
16.65.037 Approval of application—License—Fee—
Rules. (1) Upon the approval of the application by the
director and compliance with the provisions of this chapter,
the applicant shall be issued a license or renewal thereof.
Any license issued under the provisions of this chapter shall
only be valid at location and for the sales day or days for
which the license was issued.
(2) The license fee shall be based on the average gross
sales volume per official sales day of that market:
(a) Markets with an average gross sales volume up to
and including ten thousand dollars, a one hundred twenty
dollar fee;
(b) Markets with an average gross sales volume over ten
thousand dollars and up to and including fifty thousand
dollars, a two hundred forty dollar fee; and
(c) Markets with an average gross sales volume over
fifty thousand dollars, a three hundred sixty dollar fee.
The fees for public market licenses shall be set by the
director by rule subsequent to a hearing under chapter 34.05
RCW and in conformance with RCW 16.57.015.
[Title 16 RCW—page 34]
(3) Any applicant operating more than one public
livestock market shall make a separate application for a
license to operate each such public livestock market, and
each such application shall be accompanied by the appropriate application fee. [1997 c 356 § 9; 1997 c 356 § 8; 1995
c 374 § 57.]
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—Expiration date—1995 c 374 §§ 48, 49, 56, and 57:
See note following RCW 16.57.220.
16.65.040 Public livestock market license—
Expiration—Penalty. All public livestock market licenses
provided for in this chapter shall expire on March 1st subsequent to the date of issue. Any person who fails, refuses, or
neglects to apply for a renewal of a preexisting license on or
before the date of expiration, shall pay a penalty of twentyfive dollars, which shall be added to the regular license fee,
before such license may be renewed by the director. [1983
c 298 § 6; 1979 ex.s. c 91 § 2; 1959 c 107 § 4.]
16.65.042 Special open consignment horse sale
license required—Application—Fee—Where and when
valid. (1) A person shall not operate a special open consignment horse sale without first obtaining a license from the
director. The application for the license shall include:
(a) A detailed statement showing all of the assets and
liabilities of the applicant;
(b) The schedule of rates and charges the applicant
proposes to impose on the owners of horses for services
rendered in the operation of the horse sale;
(c) The specific date and exact location of the proposed
sale;
(d) Projected quantity and approximate value of horses
to be handled; and
(e) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license
fee of one hundred dollars. Upon the approval of the
application by the director and compliance with this chapter,
the applicant shall be issued a license. A special open
consignment horse sale license is valid only for the specific
date or dates and exact location for which the license was
issued. [1983 c 298 § 3.]
16.65.044 Public livestock market—Open consignment horse sale—Consignor’s name. It is lawful for the
operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow
the announcement of the correct and accurate name of the
consignor of any cattle or horses being presented for sale to
potential buyers. [1991 c 17 § 5.]
16.65.050 Disposition of fees. All fees provided for
under this chapter shall be retained by the director for the
purpose of enforcing this chapter. [1959 c 107 § 5.]
16.65.060 License to be posted. The licensee’s
license shall be posted conspicuously in the main office of
such licensee’s public livestock market or special open
consignment horse sale. [1983 c 298 § 7; 1959 c 107 § 6.]
(2002 Ed.)
Public Livestock Markets
16.65.080 Denial, suspension, revocation of license—
Procedure. (1) The director is authorized to deny, suspend,
or revoke a license in the manner prescribed herein, when
there are findings by the director that any licensee (a) has
been guilty of fraud or misrepresentation as to titles, charges,
numbers, brands, weights, proceeds of sale, or ownership of
livestock; (b) has attempted payment to a consignor by a
check the licensee knows not to be backed by sufficient
funds to cover such check; (c) has violated any of the
provisions of this chapter or rules and regulations adopted
hereunder; (d) has violated any laws of the state that require
health or brand inspection of livestock; (e) has violated any
condition of the bond, as provided in this chapter. However,
the director may deny a license if the applicant refuses to
accept the sales day or days allocated to him under the
provisions of this chapter.
(2) In all proceedings for revocation, suspension, or
denial of a license the licensee or applicant shall be given an
opportunity to be heard in regard to such revocation,
suspension or denial of a license. The director shall give the
licensee or applicant twenty days’ notice in writing and such
notice shall specify the charges or reasons for such revocation, suspension or denial. The notice shall also state the
date, time and place where such hearing is to be held. Such
hearings shall be held in the city where the licensee has his
principal place of business, or where the applicant resides,
unless some other place be agreed upon by the parties, and
the defendant may be represented by counsel.
(3) The director may issue subpoenas to compel the
attendance of witnesses, and/or the production of books or
documents anywhere in the state. The applicant or licensee
shall have opportunity to be heard, and may have such
subpoenas issued as he desires. Subpoenas shall be served
in the same manner as in civil cases in the superior court.
Witnesses shall testify under oath which may be administered by the director. Testimony shall be recorded, and may
be taken by deposition under such rules as the director may
prescribe.
(4) The director shall hear and determine the charges,
make findings and conclusions upon the evidence produced,
and file them in his office, together with a record of all of
the evidence, and serve upon the accused a copy of such
findings and conclusions. [1985 c 415 § 9; 1971 ex.s. c 192
§ 2; 1961 c 182 § 3; 1959 c 107 § 8.]
Orders—Appeal: RCW 16.65.450.
16.65.090 Brand inspection—Consignor’s fee—
Inspection fee. The director shall provide for brand
inspection. When such brand inspection is required the
licensee shall collect from the consignor and pay to the
department, as provided by law, a fee for brand inspection
for each animal consigned to the public livestock market or
special open consignment horse sale. However, if in any
one sale day the total fees collected for brand inspection do
not exceed seventy-two dollars, then such licensee shall pay
seventy-two dollars for such brand inspection or as much
thereof as the director may prescribe. [1997 c 356 § 11;
1997 c 356 § 10; 1994 c 46 § 22; 1994 c 46 § 13; 1993 c
354 § 2; 1983 c 298 § 8; 1971 ex.s. c 192 § 3; 1959 c 107
§ 9.]
Effective dates—1997 c 356: See note following RCW 16.57.220.
(2002 Ed.)
16.65.080
Effective date—1994 c 46 §§ 21-25: "Sections 21 through 25 of this
act shall take effect July 1, 1997." [1994 c 46 § 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW
16.65.030.
16.65.100 Brand inspection—Purchaser’s fee. The
licensee of each public livestock market or special open
consignment horse sale shall collect from any purchaser of
livestock requesting brand inspection a fee as provided by
law for each animal inspected. Such fee shall be in addition
to the fee charged to the consignor for brand inspection and
shall not apply to the minimum fee chargeable to the
licensee. [1983 c 298 § 9; 1959 c 107 § 10.]
16.65.110 Charge for examining, testing, inoculating, etc.—Minimum fee. The director shall cause a charge
to be made for any examining, testing, treating, or inoculation required by this chapter and rules and regulations
adopted hereunder. Such charge shall be paid by the
licensee to the department and such charge shall include the
cost of the required drugs and a fee no larger than two
dollars nor less than fifty cents for administration of such
drugs to each animal and such fee shall be set at the discretion of the director. However, if the total fees payable to the
department for such examining, testing, treating or inoculation do not exceed the actual cost to the department for such
examining, testing, treating, or inoculation, or ten dollars
(whichever is greater), the director shall require the licensee
to pay the actual cost of such examining, testing, treating, or
inoculation, or ten dollars (whichever is greater), to the
department. [1959 c 107 § 11.]
16.65.120 Disposition of proceeds of sale—
Limitations on licensee. A licensee shall not, except as
provided in this chapter, pay the net proceeds or any part
thereof arising from the sale of livestock consigned to the
said licensee for sale, to any person other than the consignor
of such livestock except upon an order from a court of
competent jurisdiction, unless (1) such licensee has reason to
believe that such person is the owner of the livestock; (2)
such person holds a valid unsatisfied mortgage or lien upon
the particular livestock, or (3) such person holds a written
order authorizing such payment executed by the owner at the
time of or immediately following the consignment of such
livestock. [1959 c 107 § 12.]
16.65.130 Unlawful use of consignor’s net proceeds.
It shall be unlawful for the licensee to use for his own
purposes consignor’s net proceeds, or funds received by such
licensee to purchase livestock on order, through recourse to
the so-called "float" in the bank account, or in any other
manner. [1959 c 107 § 13.]
16.65.140 "Custodial account for consignor’s
proceeds"—Composition, use—Accounts and records.
Each licensee shall establish a custodial account for
consignor’s proceeds. All funds derived from the sale of
livestock handled on a commission or agency basis shall be
deposited in that account. Such account shall be drawn on
only for the payment of net proceeds to the consignor, or
[Title 16 RCW—page 35]
16.65.140
Title 16 RCW: Animals and Livestock
such other person or persons of whom such licensee has
knowledge is entitled to such proceeds, and to obtain from
such proceeds only the sums due the licensee as compensation for his services as are set out in his tariffs, and for such
sums as are necessary to pay all legal charges against the
consignment of livestock which the licensee in his capacity
as agent is required to pay for on behalf of the consignor or
shipper. The licensee in each case shall keep such accounts
and records that will at all times disclose the names of the
consignors and the amount due and payable to each from the
funds in the custodial account for consignor’s proceeds. The
licensee shall maintain the custodial account for consignor’s
proceeds in a manner that will expedite examination by the
director and reflect compliance with the requirements of this
section. [1971 ex.s. c 192 § 4; 1959 c 107 § 14.]
16.65.150 Penalty for failure to disclose unsatisfied
lien, mortgage. The delivery of livestock, for the purpose
of sale, by any consignor or vendor to a public livestock
market or special open consignment horse sale without
making a full disclosure to the agent or licensee of such
public livestock market or special open consignment horse
sale of any unsatisfied lien or mortgage upon such livestock
shall constitute a gross misdemeanor. [1983 c 298 § 10;
1959 c 107 § 15.]
16.65.160 Delivery of proceeds and invoice to
consignor or shipper. The licensee shall deliver the net
proceeds together with an invoice to the consignor or shipper
within twenty-four hours after the sale or by the end of the
next business day if the licensee is not on notice that any
other person or persons have a valid interest in the livestock.
[1959 c 107 § 16.]
16.65.170 Records of licensee—Contents. The
licensee shall keep accurate records which shall be available
for inspection to all parties directly interested therein, and
such records shall contain the following information:
(1) The date on which each consignment of livestock
was received and sold.
(2) The name and address of the buyer and seller of
such livestock.
(3) The number and species of livestock received and
sold.
(4) The marks and brands on such livestock as supplied
by a brand inspector.
(5) All statements of warranty or representations of title
material to, or upon which, any such sale is consummated.
(6) The gross selling price of such livestock with a
detailed list of all charges deducted therefrom.
Such records shall be kept by the licensee for one year
subsequent to the receipt of such livestock. [1967 c 192 §
1; 1959 c 107 § 17.]
16.65.180 Unjust, unreasonable, discriminatory
rates or charges prohibited. All rates or charges made for
any stockyard services furnished at a public livestock market
or special open consignment horse sale shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable,
or discriminatory rate or charge is prohibited and declared to
be unlawful. [1983 c 298 § 11; 1959 c 107 § 18.]
[Title 16 RCW—page 36]
16.65.190 Schedule of rates and charges. No person
shall hereafter operate a public livestock market or special
open consignment horse sale unless such person has filed a
schedule with the application for license to operate such
public livestock market or special open consignment horse
sale. Such schedule shall show all rates and charges for
stockyard services to be furnished by such person at such
public livestock market or special open consignment horse
sale.
(1) Schedules shall be posted conspicuously at the
public livestock market or special open consignment horse
sale, and shall plainly state all such rates and charges in such
detail as the director may require, and shall state any rules
and regulations which in any manner change, affect, or determine any part of the aggregate of such rates or charges,
or the value of the stockyard services furnished. The
director may determine and prescribe the form and manner
in which such schedule shall be prepared, arranged and
posted.
(2) No changes shall be made in rates or charges so
filed and published except after thirty days’ notice to the
director and to the public filed and posted as aforesaid,
which shall plainly state the changes proposed to be made
and the time such changes will go into effect.
(3) No licensee shall charge, demand or collect a greater
or a lesser or a different compensation for such service than
the rates and charges specified in the schedule filed with the
director and in effect at the time; nor shall a licensee refund
or remit in any manner any portion of the rates or charges
so specified (but this shall not prohibit a cooperative
association of producers from properly returning to its
members, on a patronage basis, its excess earnings on their
livestock); nor shall a licensee extend to any person at such
public livestock market or special open consignment horse
sale any stockyard services except such as are specified in
such schedule. [1983 c 298 § 12; 1959 c 107 § 19.]
16.65.200 Licensee’s bond to operate market or
special open consignment horse sale. Before the license is
issued to operate a public livestock market or special open
consignment horse sale, the applicant shall execute and
deliver to the director a surety bond in a sum as herein
provided for, executed by the applicant as principal and by
a surety company qualified and authorized to do business in
this state as surety. Said bond shall be a standard form and
approved by the director as to terms and conditions. Said
bond shall be conditioned that the principal will not commit
any fraudulent act and will comply with the provisions of
this chapter and the rules and/or regulations adopted hereunder. Said bond shall be to the state in favor of every
consignor and/or vendor creditor whose livestock was
handled or sold through or at the licensee’s public livestock
market or special open consignment horse sale: PROVIDED, That if such applicant is bonded as a market agency
under the provisions of the packers and stockyards act, (7
U.S.C. 181) as amended, on March 20, 1961, in a sum equal
to or greater than the sum required under the provisions of
this chapter, and such applicant furnishes the director with
a bond approved by the United States secretary of agriculture
naming the department as trustee, the director may accept
such bond and its method of termination in lieu of the bond
(2002 Ed.)
Public Livestock Markets
provided for herein and issue a license if such applicant
meets all the other requirements of this chapter.
The total and aggregate liability of the surety for all
claims upon the bond shall be limited to the face of such
bond. Every bond filed with and approved by the director
shall, without the necessity of periodic renewal, remain in
force and effect until such time as the license of the licensee
is revoked for cause or otherwise canceled. The surety on
a bond, as provided herein, shall be released and discharged
from all liability to the state accruing on such bond upon
compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, as enacted or hereafter
amended, but this shall not operate to relieve, release or
discharge the surety from any liability already accrued or
which shall accrue (due and to become due hereunder)
before the expiration period provided for in RCW 19.72.110
concerning notice and proof of service as enacted or hereafter amended, and unless the principal shall before the expiration of such period, file a new bond, the director shall
forthwith cancel the principal’s license. [1983 c 298 § 13;
1971 ex.s. c 192 § 5; 1961 c 182 § 4. Prior: 1959 c 107 §
20.]
16.65.210 Licensee’s bond to operate market—
Amount determined by prior business operations—
Minimum amount. The sum of the bond to be executed by
an applicant for a public livestock market license shall be
determined in the following manner:
(1) Determine the dollar volume of business carried on,
at, or through, such applicant’s public livestock market in the
twelve-month period prior to such applicant’s application for
a license.
(2) Divide such dollar volume of business by the
number of official sale days granted such applicant’s public
livestock market, as herein provided, in the same twelvemonth period provided for in subsection (1).
(3) Bond amount shall be that amount obtained by the
formula in subsection (2) except that it shall not be an
amount less than ten thousand dollars and if that amount
shall exceed fifty thousand then that portion above fifty
thousand shall be at the rate of ten percent of that value,
except that the amount of the bond shall be to the nearest
five thousand figure above that arrived at in the formula.
[1971 ex.s. c 192 § 6; 1959 c 107 § 21.]
16.65.220 Licensee’s bond to operate market—
Amount when no prior business operations—Minimum
and maximum amount. If the application for a license to
operate a public livestock market is from a new public
livestock market which has not operated in the past twelvemonth period, the director shall determine a bond, in a
reasonable sum, that the applicant shall execute in favor of
the state, which shall not be less than ten thousand dollars
nor greater than twenty-five thousand dollars: PROVIDED,
That the director may at any time, upon written notice,
review the licensee’s operations and determine whether,
because of increased or decreased sales, the amount of the
bond should be altered. [1971 ex.s. c 192 § 7; 1959 c 107
§ 22.]
(2002 Ed.)
16.65.200
16.65.230 Licensee’s bond to operate market—One
bond for each market. Any licensee operating more than
one public livestock market shall execute a bond, as herein
provided, for each such licensed public livestock market.
[1959 c 107 § 23.]
16.65.232 Licensee’s bond to operate special open
consignment horse sale—Amount determined by estimate
of business—Minimum amount. The sum of the bond to
be executed by an applicant for a special open consignment
horse sale license shall be determined by estimating the
dollar volume of business to be carried on, at, or through the
applicant’s proposed special open consignment horse sale.
The bond amount shall be that amount estimated as the
applicant’s dollar volume of business. However, the bond
shall not be in an amount less than ten thousand dollars. If
the amount exceeds fifty thousand dollars, then that portion
above fifty thousand dollars shall be at the rate of ten
percent of that value, except that the amount of the bond
shall be to the nearest greater five thousand dollar figure.
[1983 c 298 § 4.]
16.65.235 Cash or other security in lieu of surety
bond. In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with
the director a deposit consisting of cash or other security
acceptable to the director. The director may adopt rules and
regulations necessary for the administration of such security.
[1973 c 142 § 3.]
16.65.240 Action on bond—Fraud of licensee. Any
vendor or consignor creditor claiming to be injured by the
fraud of any licensee may bring action upon said bond
against both principal and surety in any court of competent
jurisdiction to recover the damages caused by such fraud.
[1959 c 107 § 24.]
16.65.250 Action on bond—Failure to comply with
chapter. The director or any vendor or consignor creditor
may also bring action upon said bond against both principal
and surety in any court of competent jurisdiction to recover
the damages caused by any failure to comply with the
provisions of this chapter and the rules and/or regulations
adopted hereunder. [1959 c 107 § 25.]
16.65.260 Licensee’s failure to pay vendor, consignor—Complaint—Director’s powers and duties. In case of
failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through
or at the licensee’s public livestock market or special open
consignment horse sale, as evidenced by a verified complaint
filed with the director, the director may proceed forthwith to
ascertain the names and addresses of all vendor or consignor
creditors of such licensee, together with the amounts due and
owing to them and each of them by such licensee, and shall
request all such vendor and consignor creditors to file a
verified statement of their respective claims with the director. Such request shall be addressed to each known vendor
or consignor creditor at his last known address. [1983 c 298
§ 14; 1959 c 107 § 26.]
[Title 16 RCW—page 37]
16.65.270
Title 16 RCW: Animals and Livestock
16.65.270 Licensee’s failure to pay vendor, consignor—Failure of vendor, consignor to file claim. If a
vendor or consignor creditor so addressed fails, refuses or
neglects to file in the office of the director his verified claim
as requested by the director within sixty days from the date
of such request, the director shall thereupon be relieved of
further duty or action hereunder on behalf of said producer
or consignor creditor. [1959 c 107 § 27.]
16.65.320 Investigations by director—Complaints.
For the purpose of enforcing the provisions of this chapter,
the director on the director’s own motion or upon the
verified complaint of any vendor or consignor against any
licensee, or agent, or any person assuming or attempting to
act as such, shall have full authority to make any and all
necessary investigations. The director is empowered to
administer oaths of verification of such complaints. [1985
c 415 § 10; 1959 c 107 § 32.]
16.65.280 Licensee’s failure to pay vendor, consignor—Duties of director when names of creditors not
available. Where by reason of the absence of records, or
other circumstances making it impossible or unreasonable for
the director to ascertain the names and addresses of all said
vendor and consignor creditors, the director, after exerting
due diligence and making reasonable inquiry to secure said
information from all reasonable and available sources, may
make demand on said bond on the basis of information then
in his possession, and thereafter shall not be liable or
responsible for claims or the handling of claims which may
subsequently appear or be discovered. [1959 c 107 § 28.]
16.65.330 Investigations—Powers of director. For
the purpose of making investigations as provided for in
RCW 16.65.320, the director may enter a public livestock
market and examine any records required under the provisions of this chapter. The director shall have full authority
to issue subpoenas requiring the attendance of witnesses
before him, together with all books, memorandums, papers,
and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.
[1959 c 107 § 33.]
16.65.290 Licensee’s failure to pay vendor, consignor—Settlement, compromise of claims—Demand on
bond—Discharge. Upon ascertaining all claims and statements in the manner herein set forth, the director may then
make demand upon the bond on behalf of those claimants
whose statements have been filed, and shall have the power
to settle or compromise said claims with the surety company
on the bond, and is empowered in such cases to execute and
deliver a release and discharge of the bond involved. [1959
c 107 § 29.]
16.65.300 Licensee’s failure to pay vendor, consignor—Refusal by surety company to pay demand—Action
on bond—New bond, suspension or revocation of license
on failure to file. Upon the refusal of the surety company
to pay the demand, the director may thereupon bring an
action on the bond in behalf of said vendor and consignor
creditors. Upon any action being commenced on said bond,
the director may require the filing of a new bond. Immediately upon the recovery in any action on such bond such
licensee shall file a new bond. Upon failure to file the same
within ten days, in either case, such failure shall constitute
grounds for the suspension or revocation of his license.
[1959 c 107 § 30.]
16.65.310 Licensee’s failure to pay vendor, consignor—Settlement, compromise—Creditors share—Priority
of state’s claim. In any settlement or compromise by the
director with a surety company as provided in RCW
16.65.290, where there are two or more consignor and/or
vendor creditors that have filed claims, either fixed or contingent, against a licensee’s bond, such creditors shall share
pro rata in the proceeds of the bond to the extent of their
actual damage: PROVIDED, That the claims of the state
and the department which may accrue from the conduct of
the licensee’s public livestock market shall have priority over
all other claims. [1959 c 107 § 31.]
[Title 16 RCW—page 38]
16.65.340 Testing, examination, etc., of livestock for
disease. The director shall, when livestock is sold, traded,
exchanged or handled at or through a public livestock
market, require such testing, treating, identifying, examining
and record keeping of such livestock by a deputy state
veterinarian as in the director’s judgment may be necessary
to prevent the spread of brucellosis, tuberculosis, paratuberculosis, hog cholera or any other infectious, contagious or
communicable disease among the livestock of this state.
[1967 c 192 § 2; 1959 c 107 § 34.]
16.65.350 Examinations, inspections, sanitary and
health practices—Suspension, revocation of license. (1)
The director shall perform all tests and make all examinations required under the provisions of this chapter and rules
and regulations adopted hereunder: PROVIDED, That
veterinary inspectors of the United States department of
agriculture may be appointed by the director to make such
examinations and tests as are provided for in this chapter
without bond or compensation, and shall have the same
authority and power in this state as a deputy state veterinarian.
(2) The director shall have the responsibility for the
direction and control of sanitary practices and health practices and standards and for the examination of animals at
public livestock markets. The deputy state veterinarian at
any such public livestock market shall notify the licensee or
his managing agent, in writing, of insanitary practices or
conditions. Such deputy state veterinarian shall notify the
director if the improper sanitary practices or conditions are
not corrected within the time specified. The director shall
investigate and upon finding such report correct shall take
appropriate action to hold a hearing on the suspension or
revocation of the licensee’s license. [1959 c 107 § 35.]
16.65.360 Facilities—Sanitation—Requirements.
Licensees shall provide facilities and sanitation for the
prevention of livestock diseases at their public livestock
markets, as follows:
(2002 Ed.)
Public Livestock Markets
(1) The floors of all pens and alleys that are part of a
public livestock market shall be constructed of concrete or
similar impervious material and kept in good repair, with a
slope of not less than one-fourth inch per foot to adequate
drains leading to an approved sewage system: PROVIDED,
That the director may designate certain pens within such
public livestock markets as feeding and holding pens and the
floors and alleys of such pens shall not be subject to the
aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area
adjacent to a public livestock market shall be constructed
and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread
of communicable diseases to the livestock sold or held for
sale in such public livestock market.
(3) All yards, chutes and pens used in handling livestock
shall be constructed of such materials which will render
them easily cleaned and disinfected, and such yards, pens
and chutes shall be kept clean, sanitary and in good repair at
all times, as required by the director.
(4) Sufficient calf pens of adequate size to prevent
overcrowding shall be provided, and such pens, when used,
shall be cleaned and disinfected no later than the day
subsequent to each sale.
(5) All swine pens, when used, shall be cleaned and
disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds
and supplying sufficient water to thoroughly wash all pens,
floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall
be provided. Such pens shall be used to hold only cattle
reacting to brucellosis and tuberculosis or to quarantine
livestock with other contagious or communicable diseases
and shall be:
(a) hard surfaced with concrete or similar impervious
material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in
red letters not less than four inches high on such quarantine
pen’s gate;
(d) provided with a tight board fence not less than five
and one-half feet high;
(e) cleaned and disinfected not later than one day
subsequent to the date of sale.
To prevent the spread of communicable diseases among
livestock, the director shall have the authority to cause the
cleaning and disinfecting of any area or all areas of a public
livestock market and equipment or vehicles with a complete
coverage of disinfectants approved by the director. [1959 c
107 § 36.]
16.65.370 Watering, feeding facilities—Unlawful
acts. Pens used to hold livestock for a period of twenty-four
hours or more in a public livestock market shall have
watering and feeding facilities for livestock held in such
pens. It shall be unlawful for a public livestock market to
hold livestock for a period longer than twenty-four hours
without feeding and watering such livestock. An operator of
a public livestock market may also refuse to accept the consignment of any livestock that the licensee may believe to
have been inadequately fed or otherwise inadequately cared
(2002 Ed.)
16.65.360
for prior to the delivery of the livestock in question to the
public livestock market. [1991 c 17 § 2; 1959 c 107 § 37.]
16.65.380 Adequate facilities and space required for
veterinarians to function. Public livestock market facilities
shall include adequate space and facilities necessary for
deputy state veterinarians to properly carry out their functions as prescribed by law and rules and regulations adopted
hereunder. [1959 c 107 § 38.]
16.65.390 Adequate space and facilities required for
brand inspectors to function. Public livestock market
facilities shall include space and facilities necessary for
brand inspectors to properly carry out their duties, as
provided by law and rules and regulations adopted hereunder, in a safe and expeditious manner. [1959 c 107 § 39.]
16.65.400 Weighing of livestock at public livestock
market. (1) Each public livestock market licensee shall
maintain and operate approved weighing facilities for the
weighing of livestock at such licensee’s public livestock
market.
(2) All dial scales used by the licensee shall be of
adequate size to be readily visible to all interested parties
and shall be equipped with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be
equipped with a balance indicator, a weigh beam and a
mechanical weight recorder, all readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for
balance at short intervals during the process of selling and
immediately prior to the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically
imprinted upon such tickets when the weigh beam is in
balance during the process of weighing, and shall be issued
in triplicate, for all livestock weighed at a public livestock
market. A copy of such weight tickets shall be issued to the
buyer and seller of the livestock weighed. [1983 c 298 § 15;
1961 c 182 § 5; 1959 c 107 § 40.]
16.65.410 Packer’s interest in market limited. It
shall be unlawful for a packer to own or control more than
a twenty percent interest in any public livestock market,
directly or indirectly through stock ownership or control, or
otherwise by himself or through his agents or employees.
[1959 c 107 § 41.]
16.65.420 Application for sales day for new
salesyard, change of or additional sales days, special
sales—Considerations for allocation. (1) Any application
for sales days or days for a new salesyard, and any application for a change of sales day or days or additional sales day
or days for an existing yard shall be subject to approval by
the director, subsequent to a hearing as provided for in this
chapter and the director is hereby authorized to allocate these
dates and type and class of livestock which may be sold on
these dates. In considering the allocation of such sales days,
the director shall give appropriate consideration, among other
relevant factors, to the following:
(a) The geographical area which will be affected;
[Title 16 RCW—page 39]
16.65.420
Title 16 RCW: Animals and Livestock
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for
marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing
of livestock.
(2) No special sales shall be conducted by the licensee
unless the licensee has applied to the director in writing
fifteen days prior to such proposed sale and such sale date
shall be approved at the discretion of the director.
(3) In any case that a licensee fails to conduct sales on
the sales days allocated to the licensee, the director shall,
subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an
allocation shall be established by rule. [1991 c 17 § 3; 1963
c 232 § 16; 1961 c 182 § 6. Prior: 1959 c 107 § 42.]
16.65.422 Special sales of purebred livestock. A
producer of purebred livestock may, upon obtaining a permit
from the director, conduct a public sale of the purebred
livestock on an occasional or seasonal basis on premises
other than his own farm. Application for such special sale
shall be in writing to the director for his approval at least
fifteen days before the proposed public sale is scheduled to
be held by such producer. [1963 c 232 § 17.]
16.65.423 Limited public livestock market license,
sale of horses and/or mules—Sales days. The director
shall have the authority to issue a public livestock market
license pursuant to the provisions of this chapter limited to
the sale of horses and/or mules and to allocate a sales day or
days to such licensee. The director is hereby authorized and
directed to adopt regulations for facilities and sanitation
applicable to such a license. The facility requirements of
RCW 16.65.360 shall not be applicable to such licensee’s
operation as provided for in this section. [1983 c 298 § 16;
1963 c 232 § 18.]
16.65.424 Additional sales days limited to sales of
horses and/or mules. The director shall have the authority
to grant a licensee an additional sales day or days limited to
the sale of horses and/or mules and may if requested grant
the licensee, by permit, the authority to have the sale at premises other than at his public livestock market if the
facilities are approved by the director as being adequate for
the protection of the health and safety of such horses and/or
mules. For the purpose of such limited sale the facility
requirements of RCW 16.65.360 shall not be applicable.
[1963 c 232 § 19.]
16.65.430 Information and records available to
director and news services. Information and records of the
licensee that are necessary for the compilation of adequate
reports on the marketing of livestock shall be made available
to the director or any news service, publishing or broadcasting such market reports. [1959 c 107 § 43.]
16.65.440 Penalty. Any person who shall violate any
provisions or requirements of this chapter or rules and
regulations adopted by the director pursuant to this chapter
[Title 16 RCW—page 40]
shall be deemed guilty of a misdemeanor; and any subsequent violation thereafter shall be deemed a gross misdemeanor. [1959 c 107 § 44.]
16.65.445 Hearings. The director shall hold public
hearings upon a proposal to promulgate any new or amended
regulations and all hearings for the denial, revocation, or
suspension of a license issued under this chapter or in any
other adjudicative proceeding, and shall comply in all
respects with chapter 34.05 RCW, the Administrative
Procedure Act. [1989 c 175 § 55; 1961 c 182 § 7.]
Effective date—1989 c 175: See note following RCW 34.05.010.
16.65.450 Orders—Appeal. Any licensee or applicant who feels aggrieved by an order of the director may
appeal to the superior court of the county in the state of
Washington of the residence of the licensee or applicant
where the trial on such appeal shall be held de novo. [1991
c 17 § 4; 1959 c 107 § 46.]
16.65.900 Severability—1959 c 107. If any section
or provision of this chapter shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole, or any section, provision
or part thereof, not adjudged invalid or unconstitutional.
[1959 c 107 § 45.]
16.65.910
15.61.900.
Severability—1963 c 232. See RCW
Chapter 16.67
WASHINGTON STATE BEEF COMMISSION
Sections
16.67.010
16.67.030
16.67.035
16.67.040
16.67.051
16.67.060
16.67.070
16.67.080
16.67.090
16.67.093
16.67.097
16.67.100
16.67.110
16.67.120
16.67.122
16.67.123
16.67.130
16.67.140
16.67.160
16.67.170
16.67.180
16.67.190
16.67.900
16.67.910
16.67.920
Short title.
Definitions.
Regulating beef and beef products—Existing comprehensive
scheme—Laws applicable.
Beef commission created—Generally.
Designation of positions—Terms.
Director to appoint members—Recommendations by industry.
Vacancies—Compensation and travel expenses.
Commission records as evidence.
Powers and duties—Rule making.
Subpoenas.
Reimbursement for costs.
Meetings—Notice.
Promotional programs, research, rate studies, labeling.
Levy of assessment—Collections—Federal orders.
Additional assessment—National beef promotion and research program—Contingency.
Transfer of cattle by meat packer as sale.
Assessments personal debt—Delinquent charge—Civil action to collect.
Livestock purchasers to provide list of sellers to commission.
Liability of commission’s assets—Immunity of state, commission employees, etc.
Promotional printing not restricted by public printer laws.
Certain records exempt from public disclosure—
Exceptions—Actions not prohibited by chapter.
Funding staff support—Rules.
Liberal construction—1969 c 133.
Severability—1969 c 133.
Effective date—1969 c 133.
(2002 Ed.)
Washington State Beef Commission
16.67.010 Short title. This chapter shall be known
and may be cited as the Washington state beef commission
act. [1969 c 133 § 1.]
16.67.030 Definitions. For the purpose of this
chapter:
(1) "Commission" means the Washington state beef
commission.
(2) "Director" means the director of agriculture of the
state of Washington or an appointed representative.
(3) "Ex officio members" means those advisory members of the commission who do not have a vote.
(4) "Department" means the department of agriculture
of the state of Washington.
(5) "Person" includes any individual, firm, corporation,
trust, association, partnership, society, or any other organization of individuals.
(6) "Beef producer" means any person who raises,
breeds, grows, or purchases cattle or calves for beef production.
(7) "Dairy (beef) producer" means any person who
raises, breeds, grows, or purchases cattle for dairy production
and who is actively engaged in the production of fluid milk.
(8) "Feeder" means any person actively engaged in the
business of feeding cattle and usually operating a feed lot.
(9) "Producer" means any person actively engaged in
the cattle industry including beef producers and dairy (beef)
producers.
(10) "Washington cattle" shall mean all cattle owned or
controlled by affected producers and located or sold in the
state of Washington.
(11) "Meat packer" means any person operating a
slaughtering establishment subject to inspection under a
federal meat inspection act.
(12) "Livestock salesyard operator" means any person
licensed to operate a cattle auction market or salesyard under
the provisions of chapter 16.65 RCW as enacted or hereafter
amended.
(13) "Mail" or "send" for purposes of any notice relating
to rule making means regular mail or electronic distribution,
as provided in RCW 34.05.260 for rule making. "Electronic
distribution" or "electronically" means distribution by
electronic mail or facsimile mail. [2002 c 313 § 80; 1999 c
291 § 30; 1969 c 133 § 2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.035 Regulating beef and beef products—
Existing comprehensive scheme—Laws applicable. The
history, economy, culture, and the future of Washington
state’s agriculture involves the beef industry. In order to
develop and promote beef and beef products as part of an
existing comprehensive scheme to regulate those products
the legislature declares:
(1) That the Washington state beef commission is
created;
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
beef and beef products be properly promoted by (a) enabling
the beef industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered marketing, grading,
and standardizing of beef and beef products they produce;
(2002 Ed.)
16.67.010
and (b) working to stabilize the beef industry by increasing
consumption of beef and beef products within the state, the
nation, and internationally;
(3) That beef producers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
beef producer’s ability to compete in local, domestic, and
foreign markets;
(4) That it is in the overriding public interest that
support for the beef industry be clearly expressed, that
adequate protection be given to agricultural commodities,
uses, activities, and operations, and that beef and beef products be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of beef products in local,
domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of beef and beef products, and in reference to the various
cuts and grades of beef and the uses to which each should be
put;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of beef products; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of beef and beef products;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of
this state; and
(6) That the beef industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the beef industry include the:
(a) Beef promotion and research act of 1985, U.S.C.
Title 7, chapter 62;
(b) Beef promotion and research, 7 C.F.R., Part 1260;
(c) Agricultural marketing act, 7 U.S.C., section 1621;
(d) USDA meat grading, certification, and standards, 7
C.F.R., Part 54;
(e) Mandatory price reporting, 7 C.F.R., Part 57;
(f) Grazing permits, 43 C.F.R., Part 2920;
(g) Capper-Volstead act, U.S.C. Title 7, chapters 291
and 292;
(h) Livestock identification under chapter 16.57 RCW
and rules;
(i) Organic food products act under chapter 15.86 RCW
and rules;
(j) Intrastate commerce in food, drugs, and cosmetics act
under chapter 69.04 RCW and rules, including provisions of
21 C.F.R. relating to the general manufacturing practices,
food labeling, food standards, food additives, and pesticide
tolerances;
(k) Washington food processing act under chapter 69.07
RCW and rules;
(l) Washington food storage warehouses act under
chapter 69.10 RCW and rules;
(m) Animal health under chapter 16.36 RCW and rules;
and
[Title 16 RCW—page 41]
16.67.035
Title 16 RCW: Animals and Livestock
(n) Weights and measures under chapter 19.94 RCW
and rules. [2002 c 313 § 79.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.040 Beef commission created—Generally.
There is hereby created a Washington state beef commission
to be thus known and designated. The commission shall be
composed of two beef producers, two dairy (beef) producers,
two feeders, one livestock salesyard operator, and one meat
packer. If an otherwise voting member is elected as the
chair of the commission, the member may, during the
member’s term as chair of the commission, cast a vote as a
member of the commission only to break a tie vote. In
addition there may be one ex officio member without the
right to vote from the department of agriculture to be
designated by the director thereof and, if the commission so
chooses, one additional nonvoting member in an advisory
capacity appointed by the voting members of the commission
for such a term as the voting members may set.
A majority of voting members shall constitute a quorum
for the transaction of any business.
All appointed members as stated in RCW 16.67.060
shall be citizens and residents of this state, over the age of
twenty-five years, each of whom is and has been actually
engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period
derived a substantial portion of his or her income therefrom,
or have a substantial investment in cattle as an owner, lessee,
partner, or a stockholder owning at least ten percent of the
voting stock in a corporation engaged in the production of
cattle or dressed beef, or a manager or executive officer of
such corporation. Producer members of the commission
shall not be directly engaged in the business of being a meat
packer, or as a feeder, feeding cattle other than their own.
Said qualifications must continue throughout each member’s
term of office. [2000 c 146 § 1; 1997 c 363 § 1; 1993 c 40
§ 1; 1991 c 9 § 1; 1969 c 133 § 3.]
Effective date—1993 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1993." [1993 c 40 § 5.]
16.67.051 Designation of positions—Terms. Commencing on July 1, 1993, the appointive positions on the
commission shall be designated as follows: The beef
producers shall be designated position one and position six;
the dairy (beef) producers shall be designated position two
and position seven; the feeders shall be designated position
three and position eight; the livestock salesyard operator
shall be designated position four; and the meat packer shall
be designated position five.
The initial terms of positions one and four shall terminate July 1, 1994; positions two and five shall terminate July
1, 1995; and position three shall terminate July 1, 1996. The
initial terms of position six shall terminate July 1, 1998;
position seven shall terminate July 1, 1999; and position
eight shall terminate July 1, 2000. The regular term of
office of subsequent appointees shall be three years from the
date of appointment and until their successors are appointed.
[1997 c 363 § 2; 1993 c 40 § 3.]
Effective date—1993 c 40: See note following RCW 16.67.040.
[Title 16 RCW—page 42]
16.67.060 Director to appoint members—
Recommendations by industry. The director shall appoint
the members of the commission. In making such appointments, the director shall take into consideration recommendations made to him or her by organizations who represent
or who are engaged in the same type of production or
business as the person recommended for appointment as a
member of the commission.
Commencing on June 1, 1993, and by June 1 of each
subsequent year, organizations under this section shall make
a recommendation as required, to the director of a person to
serve on the commission. [1993 c 40 § 4; 1991 c 9 § 3;
1969 c 133 § 5.]
Effective date—1993 c 40: See note following RCW 16.67.040.
16.67.070 Vacancies—Compensation and travel
expenses. (1) In the event a position on the commission
becomes vacant due to resignation, disqualification, death, or
for any other reason, the unexpired term of such position
shall be filled by the director forthwith.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230.
(3) Each member or employee shall be reimbursed for
actual travel expenses incurred in carrying out the provisions
of this chapter as defined by the commission in rule.
Otherwise if not defined in rule, reimbursement for travel
expenses shall be at the rates allowed by RCW 43.03.050
and 43.03.060. [2002 c 313 § 81; 1991 c 9 § 4; 1984 c 287
§ 19; 1975-’76 2nd ex.s. c 34 § 22; 1969 c 133 § 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
16.67.080 Commission records as evidence. Copies
of the proceedings, records, and acts of the commission,
when certified by the secretary of the commission and
authenticated by the commission seal, shall be admissible in
any court as prima facie evidence of the truth of the statements contained therein. [1969 c 133 § 7.]
16.67.090 Powers and duties—Rule making. The
powers and duties of the commission shall include the
following:
(1) To administer and enforce the provisions of this
chapter, and do all things reasonably necessary to effectuate
the purposes of this chapter;
(2) To elect a chairman and such other officers as it
deems advisable;
(3) To employ and discharge at its discretion a manager,
secretary, and such other personnel, including attorneys
engaged in the private practice of law subject to the review
of the attorney general, as the commission determines are
necessary and proper to carry out the purposes of this
chapter, and to prescribe their duties and powers and fix
their compensation;
(4) To adopt, rescind, and amend rules, regulations, and
orders for the exercise of its powers hereunder subject to the
provisions of chapter 34.05 RCW, except that rule-making
proceedings conducted under this chapter are exempt from
(2002 Ed.)
Washington State Beef Commission
compliance with RCW 34.05.310, the provisions of chapter
19.85 RCW, the regulatory fairness act, and the provisions
of RCW 43.135.055 when adoption of the rule is determined
by a referendum vote of the affected parties;
(5) To establish by resolution, a headquarters which
shall continue as such unless and until so changed by the
commission. All records, books and minutes of the commission shall be kept at such headquarters;
(6) To require a bond of all commission members and
employees of the commission in a position of trust in the
amount the commission shall deem necessary. The premium
for such bond or bonds shall be paid by the commission
from assessments collected. Such bond shall not be necessary if any such commission member or employee is covered
by any blanket bond covering officials or employees of the
state of Washington;
(7) To establish a beef commission revolving fund, such
fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds,
in which all money received by the commission, except an
amount of petty cash for each day’s needs not to exceed one
hundred dollars, shall be deposited each day or as often
during the day as advisable; none of the provisions of RCW
43.01.050 as now or hereafter amended shall apply to money
collected under this chapter;
(8) To prepare a budget or budgets covering anticipated
income and expenses to be incurred in carrying out the
provisions of this chapter during each fiscal year;
(9) To incur expense and enter into contracts and to
create such liabilities as may be reasonable for the proper
administration and enforcement of this chapter;
(10) To borrow money, not in excess of its estimate of
its revenue from the current year’s contributions;
(11) To keep or cause to be kept in accordance with
accepted standards of good accounting practice, accurate
records of all assessments, expenditures, moneys and other
financial transactions made and done pursuant to this
chapter. Such records, books and accounts shall be audited
at least every five years subject to procedures and methods
lawfully prescribed by the state auditor. Such books and
accounts shall be closed as of the last day of each fiscal
year. A copy of such audit shall be delivered within thirty
days after completion thereof to the director, the state auditor
and the commission. On such years and in such event the
state auditor is unable to audit the records, books and
accounts within six months following the close of the audit
period it shall be mandatory that the commission employ a
private auditor to make such audit;
(12) To sue and be sued as a commission, without
individual liability for acts of the commission within the
scope of the powers conferred upon it by this chapter;
(13) To cooperate with any other local, state, or national
commission, organization or agency, whether voluntary or
established by state or federal law, including recognized
livestock groups, engaged in work or activities similar to the
work and activities of the commission created by this chapter
and make contracts and agreements with such organizations
or agencies for carrying on joint programs beneficial to the
beef industry;
(14) To accept grants, donations, contributions or gifts
from any governmental agency or private source for expendi(2002 Ed.)
16.67.090
tures for any purpose consistent with the provisions of this
chapter; and
(15) To operate jointly with beef commissions or similar
agencies established by state laws in adjoining states. [2002
c 313 § 82; 2000 c 146 § 2; 1982 c 81 § 3; 1969 c 133 § 8.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.093 Subpoenas. The commission has the power
to subpoena witnesses and to issue subpoenas for the
production of any books, records, or documents of any kind
for the purpose of enforcing this chapter. [2002 c 313 § 85.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.097 Reimbursement for costs. (1) The
commission shall reimburse the director for necessary costs
for services conducted on behalf of the commission under
this chapter.
(2) The commission may enter into an agreement with
the director to administer this chapter or chapter 34.05 RCW.
[2002 c 313 § 86.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.100 Meetings—Notice. The commission shall
hold regular meetings, at least quarterly, with the time and
date thereof to be fixed by resolution of the commission.
The commission shall hold an annual meeting. The
proposed budget shall be presented for discussion at the
meeting. Notice of the annual meeting shall be given by the
commission at least ten days prior to the meeting by public
notice of such meeting published in newspapers of general
circulation in the state of Washington, by radio and press
releases and through trade publications.
The commission shall establish by resolution, the time,
place and manner of calling special meetings of the commission with reasonable notice to the members: PROVIDED,
That, the notice of any special meeting may be waived by a
waiver thereof by each member of the commission. [2000
c 146 § 3; 1969 c 133 § 9.]
16.67.110 Promotional programs, research, rate
studies, labeling. The commission shall provide for
programs designed to increase the consumption of beef;
develop more efficient methods for the production, processing, handling and marketing of beef; eliminate transportation
rate inequalities on feed grains and supplements and other
production supplies adversely affecting Washington producers; properly identify beef and beef products for consumers as to quality and origin. For these purposes the commission may:
(1) Provide for programs for advertising, sales promotion and education, locally, nationally or internationally, for
maintaining present markets and/or creating new or larger
markets for beef. Such programs shall be directed toward
increasing the sale of beef and shall neither make use of
false or unwarranted claims in behalf of beef nor disparage
the quality, value, sale or use of any other agricultural
commodity;
(2) Provide for research to develop and discover the
health, food, therapeutic and dietetic value of beef and beef
products thereof;
[Title 16 RCW—page 43]
16.67.110
Title 16 RCW: Animals and Livestock
(3) Make grants to research agencies for financing
studies, including funds for the purchase or acquisition of
equipments and facilities, in problems of beef production,
processing, handling and marketing;
(4) Disseminate reliable information founded upon the
research undertaken under this chapter or otherwise available;
(5) Provide for rate studies and participate in rate
hearings connected with problems of beef production,
processing, handling or marketing; and
(6) Provide for proper labeling of beef and beef products so that the purchaser and the consuming public of the
state will be readily apprised of the quality of the product
and how and where it was processed. [2000 c 146 § 4; 1969
c 133 § 10.]
16.67.120 Levy of assessment—Collections—Federal
orders. (1) There is hereby levied an assessment of one
dollar per head on all Washington cattle sold in this state or
elsewhere to be paid by the seller at the time of sale:
PROVIDED, That if such sale is accompanied by a brand
inspection by the department such assessment may be
collected at the same time, place and in the same manner as
brand inspection fees. Such fees may be collected by the
livestock services division of the department and transmitted
to the commission: PROVIDED FURTHER, That, if such
sale is made without a brand inspection by the department
the assessment shall be paid by the seller and transmitted
directly to the commission by the fifteenth day of the month
following the month the transaction occurred.
(2) The procedures for collecting all state and federal
assessments under this chapter shall be as required by the
federal order and as described by rules adopted by the
commission. [2002 c 313 § 83; 2000 c 146 § 5; 1987 c 393
§ 11; 1986 c 190 § 2; 1982 c 47 § 1; 1975 1st ex.s. c 93 §
1; 1969 c 133 § 11.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.122 Additional assessment—National beef
promotion and research program—Contingency. In
addition to the assessment authorized pursuant to RCW
16.67.120, the commission has the authority to collect an
additional assessment of fifty cents per head for cattle
subject to assessment by federal order for the purpose of
providing funds for a national beef promotion and research
program. The manner in which this assessment will be
levied and collected shall be established by rule. The
authority to collect this assessment shall be contingent upon
the implementation of federal legislation providing for a
national beef promotion and research program and the
establishment of the assessment requirement to fund its
activities. [2002 c 313 § 84; 2000 c 146 § 6; 1986 c 190 §
1.]
assessment as required of all other cattle owners selling
cattle. [1971 c 64 § 1.]
16.67.130 Assessments personal debt—Delinquent
charge—Civil action to collect. Any due and payable
assessment levied under the provisions of this chapter shall
constitute a personal debt of every person so assessed or
who otherwise owes the same and shall be due and payable
on the fifteenth day of the month following the month the
transaction occurred. In the event any such person fails to
pay the full amount within such time, the commission shall
add to such unpaid assessment an amount of ten percent of
the unpaid assessment to defray the cost of collecting the
same. In the event of failure of such person to pay such due
and payable assessment, the commission may bring civil
action against such person in a state court of competent
jurisdiction for the collection thereof, together with the above
specified ten percent thereon and any other additional
necessary reasonable costs including attorneys’ fees. Such
action shall be tried and judgment rendered as in any other
cause of action for debt due and payable. [2000 c 146 § 7;
1969 c 133 § 12.]
16.67.140 Livestock purchasers to provide list of
sellers to commission. The commission may adopt regulations requiring the purchasers of livestock subject to the
assessments under this chapter, to furnish the commission
with the names of persons from whom such livestock was
purchased. Refusal or failure to furnish the commission with
such a list shall constitute a misdemeanor. [1969 c 133 §
13.]
16.67.160 Liability of commission’s assets—
Immunity of state, commission employees, etc. Obligations incurred by the commission and liabilities or claims
against the commission shall be enforced only against the
assets of the commission in the same manner as if it were a
corporation and no liability for the debts or actions of the
commission shall exist against either the state of Washington
or any subdivision or instrumentality thereof or against any
member officer, employee or agent of the commission in his
individual capacity. The members of the commission
including employees of the commission shall not be held
responsible individually or any way whatsoever to any
person for errors in judgment, mistakes, or other acts, either
of commission or omission, as principal, agent, person or
employees, except for their own individual acts of dishonesty
or crime. No such person or employee shall be held
responsible individually for any act or omission of any other
member of the commission. The liability of the members of
the commission shall be several and not joint and no
member shall be liable for the default of any other member.
[1969 c 133 § 15.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.123 Transfer of cattle by meat packer as sale.
The transfer of cattle owned by a meat packer from a feed
lot to a slaughterhouse for slaughter shall be deemed a sale
of such cattle for the purpose of chapter 16.67 RCW. Such
packer shall pay directly to the beef commission the same
[Title 16 RCW—page 44]
16.67.170 Promotional printing not restricted by
public printer laws. The restrictive provisions of chapter
43.78 RCW, as now or hereafter amended, shall not apply to
promotional printing and literature for the commission.
[1969 c 133 § 16.]
(2002 Ed.)
Washington State Beef Commission
16.67.180 Certain records exempt from public
disclosure—Exceptions—Actions not prohibited by
chapter. (1) Under RCW 42.17.31907, certain agricultural
business records, commission records, and department of
agriculture records relating to the commission and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the
statements do not identify the information furnished by any
person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement of the manner of the violation by that person. [2002
c 313 § 71.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.190 Funding staff support—Rules. The
director may provide by rule for a method to fund staff
support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly
funded by the legislature and costs related to the specific
activity undertaken on behalf of an individual commodity
board or commission. The commission shall provide funds
to the department according to the rules adopted by the
director. [2002 c 313 § 77.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.900 Liberal construction—1969 c 133. This
chapter shall be liberally construed. [1969 c 133 § 20.]
16.67.910 Severability—1969 c 133. If any provisions hereof are declared invalid, the validity of the remainder hereof of the applicability thereof to any other person,
circumstances or thing shall not be affected thereby. [1969
c 133 § 17.]
16.67.920 Effective date—1969 c 133. This chapter
is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
and its existing public institutions, and shall take effect June
1, 1969. [1969 c 133 § 21.]
Chapter 16.68
DISPOSAL OF DEAD ANIMALS
Sections
16.68.010
16.68.020
16.68.030
16.68.040
16.68.050
(2002 Ed.)
Definitions.
Duty to bury carcass of diseased animal—Dead animal presumed diseased.
Sale, gift, or conveyance prohibited—Exceptions.
License required of rendering plants and independent collectors.
Rendering plant license fee.
16.68.060
16.68.070
16.68.080
16.68.090
16.68.100
16.68.110
16.68.120
16.68.130
16.68.140
16.68.150
16.68.160
16.68.170
16.68.180
16.68.190
16.67.180
Independent collector license fee.
Substation or places of transfer license fee.
Expiration of license—Revocation.
Applications for license.
Procedure upon application—Inspection of premises.
Duty of licensees as to premises.
Duty of licensees—Standards.
Right of access to premises and records.
Unlawful possession of horse meat—Exceptions.
Feeding of carcasses to swine unlawful—Exception.
Disposition of fees.
Rules and regulations.
Penalty for violations.
Bait for trapping purposes—Exception.
16.68.010 Definitions. For the purposes of this
chapter, unless clearly indicated otherwise by the context:
(1) "Director" means the director of agriculture;
(2) "Meat food animal" means cattle, horses, mules,
asses, swine, sheep and goats;
(3) "Dead animal" means the body of a meat food
animal, or any part or portion thereof: PROVIDED, That
the following dead animals are exempt from the provisions
of this chapter:
(a) Edible products from a licensed slaughtering
establishment;
(b) Edible products where the meat food animal was
slaughtered under farm slaughter permit;
(c) Edible products where the meat food animal was
slaughtered by a bona fide farmer on his own ranch for his
own consumption;
(d) Hides from meat food animals that are properly
identified as to ownership and brands;
(4) "Carcass" means all parts, including viscera, of a
dead meat food animal;
(5) "Person" means any individual, firm, corporation,
partnership, or association;
(6) "Rendering plant" means any place of business or
location where dead animals or any part or portion thereof,
or packing house refuse, are processed for the purpose of
obtaining the hide, skin, grease residue, or any other byproduct whatsoever;
(7) "Substation" means a properly equipped and authorized concentration site for the temporary storage of dead
animals or packing house refuse pending final delivery to a
licensed rendering plant;
(8) "Place of transfer" means an authorized reloading
site for the direct transfer of dead animals or packing house
refuse from the vehicle making original pickup to the line
vehicle that will transport the dead animals or packing house
refuse to a specified licensed rendering plant;
(9) "Independent collector" means any person who does
not own a licensed rendering plant within the state of
Washington but is properly equipped and licensed to
transport dead animals or packing house refuse to a specified
rendering plant. [1949 c 100 § 1; Rem. Supp. 1949 § 31421.]
Severability—1949 c 100: "If any section or provision of this act
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the act as a whole, nor any section, sentence,
phrase, or word thereof not adjudged invalid or unconstitutional." [1949 c
100 § 20.]
[Title 16 RCW—page 45]
16.68.020
Title 16 RCW: Animals and Livestock
16.68.020 Duty to bury carcass of diseased animal—Dead animal presumed diseased. Every person
owning or having in charge any animal that has died or been
killed on account of disease shall immediately bury the
carcass thereof to such a depth that no part of the carcass
shall be nearer than three feet from the surface of the
ground. Any animal found dead shall be presumed to have
died from and on account of disease. [1949 c 100 § 2; Rem.
Supp. 1949 § 3142-2.]
16.68.030 Sale, gift, or conveyance prohibited—
Exceptions. It is unlawful for any person to sell, offer for
sale or give away a dead animal or convey the same along
any public road or land not his own: PROVIDED, That
dead animals may be sold or given away to and legally
transported on highways by a person having an unrevoked,
annual license to operate a rendering plant or by a person
having an unrevoked, annual license to operate as an
independent collector. [1949 c 100 § 3; Rem. Supp. 1949 §
3142-3.]
16.68.040 License required of rendering plants and
independent collectors. It is unlawful for any person to
operate a rendering plant or act as an independent collector
without first obtaining a license from the director. [1949 c
100 § 4; Rem. Supp. 1949 § 3142-4.]
16.68.050 Rendering plant license fee. Any person
engaged in operating a rendering plant shall secure from the
director an annual rendering plant license and pay an annual
fee of one hundred dollars: PROVIDED, That no license
shall be required to operate a rendering plant on the premises
of a licensed slaughtering establishment maintaining state or
federal meat inspection unless said rendering plant receives
dead animals that have been transported on public highways.
[1949 c 100 § 5; Rem. Supp. 1949 § 3142-5.]
16.68.060 Independent collector license fee. Any
person engaged in the business of independent collector shall
secure from the director an annual independent collector
license and pay an annual fee of fifty dollars. [1949 c 100
§ 6; Rem. Supp. 1949 § 3142-6.]
16.68.070 Substation or places of transfer license
fee. Any rendering plant operator or independent collector
that operates substations or places of transfer shall secure
from the director an annual substation license or place of
transfer license and pay an annual fee of twenty-five dollars
for each substation or place of transfer. [1949 c 100 § 7;
Rem. Supp. 1949 § 3142-7.]
16.68.080 Expiration of license—Revocation. Any
license or permit issued under this chapter shall expire on
the thirtieth day of June next subsequent to the date of issue,
and may be sooner revoked by the director or his authorized
representative for violations of this chapter. Any licensee or
permittee under this chapter shall have the right to demand
a hearing before the director before a revocation is made
permanent. [1949 c 100 § 8; Rem. Supp. 1949 § 3142-8.]
[Title 16 RCW—page 46]
16.68.090 Applications for license. Any person
applying for a license to operate a rendering plant and/or
substation and/or place of transfer, or to act as an independent collector shall make application on forms furnished by
the director. Said application shall give all information
required by the director and shall be accompanied by the
required license fee. [1949 c 100 § 9; Rem. Supp. 1949 §
3142-9.]
16.68.100 Procedure upon application—Inspection
of premises. If the director finds that the locations, buildings, substations equipment, vehicles, places of transfer, or
proposed method of operation do not fully comply with the
requirements of this chapter, he shall notify the applicant by
registered letter wherein the same fails to comply. If the
applicant whose plant or operation failed to comply notifies
the director within ten days from the receipt of the registered
letter that he will discontinue operations, the fee accompanying the application will be returned to him; otherwise no part
of the fee will be refunded. If the applicant whose plant
failed to comply within a reasonable time, to be fixed by the
director or his authorized representative, notifies the director
that such defects are remedied, a second inspection shall be
made. Not more than two inspections may be made on one
application. [1949 c 100 § 10; Rem. Supp. 1949 § 3142-10.]
16.68.110 Duty of licensees as to premises. Every
licensee under this chapter must comply with the following:
(1) All floors shall be constructed of concrete or other
impervious material, shall be kept reasonably clean and in
good repair. Floors shall slope at least one-fourth inch to
the foot toward drains, and slope at least three-eighths inch
to the foot as the drains are approached.
(2) Adequate sanitary drainage must be provided leading
to approved grease traps and approved sewage disposal
system. No point on the floor shall be over sixteen feet
from a drain.
(3) Suitable disposal of paunch contents must be
provided in accordance with sanitary regulations.
(4) Walls shall be of impervious material to a height not
less than six feet from the floor with a tight union with the
floor.
(5) Potable water supply shall be provided for human
consumption, washing and cleaning.
(6) Ample steam shall be provided for cleaning purposes.
(7) Approved toilet and dressing room facilities must be
provided for employees.
(8) The building must be kept free from flies, rats, mice,
and cockroaches.
(9) Premises must be kept neat and orderly and all
buildings must be attractive in appearance.
(10) All rendering plants, substations, and places of
transfer shall be so located, arranged, constructed and
maintained, and the operation so conducted at all times as to
be consistent with public health and safety.
(11) Suitable facilities for the dipping, washing and
disinfecting of hides obtained from animals that died or were
killed on account of an infectious or contagious disease, shall
be provided.
(2002 Ed.)
Disposal of Dead Animals
(12) Two copies of building or remodeling plans shall
be forwarded to the director for his approval before such
building or remodeling is begun. [1949 c 100 § 12; Rem.
Supp. 1949 § 3142-12.]
16.68.120 Duty of licensees—Standards. Every
licensee under this chapter shall comply with the following:
(1) Dead animals shall be placed in containers or
vehicles which are constructed of or lined with impervious
material, and which do not permit the escape of any liquid,
and which are covered in such a way that the contents shall
not be openly exposed to insects.
(2) All vehicles and containers used for transporting
dead animals shall be properly cleaned and disinfected
before leaving the premises of a rendering plant, substation
or place of transfer.
(3) After original loading, dead animals shall not be
moved from the transporting container or vehicle upon a
public highway or in any other place, except at a licensed
rendering plant, licensed substation, or licensed place of
transfer.
(4) No containers and vehicles used for transporting
dead animals shall be used for the transporting of live
animals except to a licensed rendering plant.
(5) All vehicles used to haul dead animals that have
died of an infectious or contagious disease, shall proceed
directly to the unloading point and shall not enter other
premises until the vehicle has been properly cleaned and disinfected.
(6) The name of the rendering plant or independent
collector shall be painted in letters at least four inches high
on each side of every truck used for transporting dead
animals.
(7) The skinning and dismembering of dead animals
shall be done in the building where they are processed.
(8) Cooking vats or tanks shall be airtight except for
proper escape for steam or vapor.
(9) Steam or vapor from cooking vats or tanks shall be
so disposed of as not to be detrimental to public health or
safety.
(10) Dead animals shall be processed within forty-eight
hours after delivery to the rendering plant.
(11) No carcasses, parts thereof, or packing house refuse
under process for marketing shall be permitted to come in
contact with any part of the building or the equipment used
in connection with the unloading, skinning, dismembering
and grinding of carcasses or refuse as originally received at
disposal plant. [1949 c 100 § 13; Rem. Supp. 1949 § 314213.]
16.68.130 Right of access to premises and records.
The director or his authorized agent, shall have free and
uninterrupted access to all parts of premises that come under
the provisions of this chapter, for the purpose of making
inspections and the examination of records. [1949 c 100 §
14; Rem. Supp. 1949 § 3142-14.]
16.68.140 Unlawful possession of horse meat—
Exceptions. It shall be unlawful for any person to transport,
to sell, offer to sell, or have on his premises horse meat for
other than human consumption unless said horse meat is
(2002 Ed.)
16.68.110
decharacterized in a manner prescribed by the director:
PROVIDED, That this provision shall not apply to carcasses
slaughtered by a farmer for consumption on his own ranch
or to carcasses in the possession of a person licensed under
this chapter, or to canned horse meat meeting United States
bureau of animal industry regulations. [1949 c 100 § 15;
Rem. Supp. 1949 § 3142-18.]
16.68.150 Feeding of carcasses to swine unlawful—
Exception. It shall be unlawful to feed carcasses of animals, or any part or portion thereof, to swine, unless said
carcasses or portions thereof are cooked in a manner
prescribed by the director. [1949 c 100 § 16; Rem. Supp.
1949 § 3142-20.]
Swine, garbage feeding: RCW 16.36.105 and 16.36.110.
16.68.160 Disposition of fees. Funds collected for
license fees and inspection fees shall be retained by the
director to be used for the enforcement of this chapter.
[1949 c 100 § 11; Rem. Supp. 1949 § 3142-11.]
16.68.170 Rules and regulations. The director is
authorized and shall make and enforce such regulations as
may be necessary to effectuate the provisions of this chapter.
Such regulations shall be consistent with the provisions of
this chapter. [1949 c 100 § 17; Rem. Supp. 1949 § 314221.]
16.68.180 Penalty for violations. The violation of
any provision of this chapter shall be a misdemeanor. [1949
c 100 § 18; Rem. Supp. 1949 § 3142-22.]
16.68.190 Bait for trapping purposes—Exception.
Nothing in this chapter shall prohibit the department of fish
and wildlife from using the carcasses of dead animals for
trap bait in their regular trapping operations. [1994 c 264 §
6; 1988 c 36 § 7; 1949 c 100 § 18A; Rem. Supp. 1949 §
3142-23.]
Chapter 16.70
CONTROL OF PET ANIMALS INFECTED WITH
DISEASES COMMUNICABLE TO HUMANS
Sections
16.70.010
16.70.020
16.70.030
16.70.040
16.70.050
16.70.060
Purpose.
Definitions.
Emergency action authorized—Scope—Animals as public
nuisance.
Rules—Scope.
Violations—Penalty.
Concurrent powers—Cooperation between officials.
16.70.010 Purpose. The incidence of disease communicated to human beings by contact with pet animals has
shown an increase in the past few years. The danger to
human beings from such pets infected with disease communicable to humans has demonstrated the necessity for
legislation to authorize the secretary of the department of
health and the state board of health to take such action as is
necessary to control the sale, importation, movement,
transfer, or possession of such animals where it becomes
[Title 16 RCW—page 47]
16.70.010
Title 16 RCW: Animals and Livestock
necessary in order to protect the public health and welfare.
[1991 c 3 § 2; 1971 c 72 § 1.]
gated by the board hereunder shall be guilty of a misdemeanor. [1971 c 72 § 5.]
16.70.020 Definitions. The following words or
phrases as used in this chapter shall have the following
meanings unless the context indicates otherwise:
(1) "Pet animals" means dogs (Canidae), cats (Felidae),
monkeys and other similar primates, turtles, psittacine birds,
skunks, or any other species of wild or domestic animals
sold or retained for the purpose of being kept as a household
pet.
(2) "Secretary" means the secretary of the department of
health or his or her designee.
(3) "Department" means the department of health.
(4) "Board" means the Washington state board of health.
(5) "Person" means an individual, group of individuals,
partnership, corporation, firm, or association.
(6) "Quarantine" means the placing and restraining of
any pet animal or animals by direction of the secretary,
either within a certain described and designated enclosure or
area within this state, or the restraining of any such pet
animal or animals from entering this state. [1991 c 3 § 3;
1971 c 72 § 2.]
16.70.060 Concurrent powers—Cooperation between officials. The powers conferred on the secretary by
this chapter shall be concurrent with the powers conferred on
the director of the department of agriculture by chapter 16.36
RCW, and chapter 43.23 RCW, and the secretary and
director shall cooperate in exercising their responsibilities in
these areas. [1971 c 72 § 6.]
16.70.030 Emergency action authorized—Scope—
Animals as public nuisance. In the event of an emergency
arising out of an outbreak of communicable disease caused
by exposure to or contact with pet animals, the secretary is
hereby authorized to take any reasonable action deemed
necessary by him to protect the public health, including but
not limited to the use of quarantine or the institution of any
legal action authorized pursuant to Title 7 RCW and RCW
43.20A.640 through 43.20A.650.
The secretary shall have authority to destroy any pet
animal or animals which may reasonably be suspected of
having a communicable disease dangerous to humans and
such animal or animals are hereby declared to be a public
nuisance. [1971 c 72 § 3.]
Reviser’s note: "RCW 43.20.150 through 43.20.170" were translated
to "RCW 43.20A.640 through 43.20A.650" due to their recodification from
chapter 43.20 RCW to chapter 43.20A RCW by 1979 c 141 § 384.
Subsequently, RCW 43.20A.640 through 43.20A.650 were recodified as
RCW 43.70.170 through 43.70.190, pursuant to 1989 1st ex.s. c 9 § 267,
effective July 1, 1989.
16.70.040 Rules—Scope. (1) The secretary, with the
advice and concurrence of the director of the department of
agriculture, shall be authorized to develop rules for proposed
adoption by the board relating to the importation, movement,
sale, transfer, or possession of pet animals as defined in
RCW 16.70.020 which are reasonably necessary for the
protection and welfare of the people of this state.
(2) The director of the department of agriculture shall
also be authorized to adopt rules to allow administration of
permits for those pet animals under subsection (1) of this
section by the state veterinarian. [1996 c 188 § 5; 1971 c 72
§ 4.]
16.70.050 Violations—Penalty. Any person violating
or refusing or neglecting to obey the order or directive
issued by the secretary pursuant to the authority granted
under this action [act] or the rules and regulations promul[Title 16 RCW—page 48]
Chapter 16.72
FUR FARMING
Sections
16.72.010
16.72.020
16.72.030
16.72.040
Definitions.
Quarantine controls.
Fox, mink, marten declared personalty.
Branding—Recording.
16.72.010 Definitions. As used in this chapter:
"Director" means director of agriculture.
"Department" means department of agriculture.
"Person" includes any individual, firm corporation, trust,
association, copartnership, society, or other organization of
individuals and any other business unit, device or arrangement.
"Fur farming" means breeding, raising and rearing of
mink, marten, fox and chinchilla in captivity or enclosures.
[1955 c 321 § 2.]
16.72.020 Quarantine controls. Fur farming shall be
deemed an agricultural pursuit and the director is hereby
authorized to exercise quarantine controls over such farms in
accordance with the provisions of this title. Facilities
available to the department may be used by the director in
carrying out the provisions of this chapter. [1955 c 321 §
3.]
16.72.030 Fox, mink, marten declared personalty.
All fox, mink and marten that have been lawfully imported
or acquired, or bred or reared in captivity or enclosures, are
declared to be personal property. Any person hereafter
acquiring any such fur bearing animals in the wild state,
shall within ten days furnish satisfactory proof to the director
that such animals were lawfully obtained. Such wild animals
shall not become personal property under the provisions of
this section until such proof is furnished. [1955 c 321 § 4.]
16.72.040 Branding—Recording. The owners of any
fox, mink, or marten may mark them by branding with tattoo
or other marks for the purpose of identification, but no
person shall be entitled to ownership in or rights under any
particular branding marks unless and until the branding
marks are recorded with the department in the same manner
and with like effect as brands of other animals are recorded
as provided in *chapter 16.56 RCW. [1955 c 321 § 5.]
*Reviser’s note: Chapter 16.56 RCW was repealed by 1959 c 54 §
39. For later enactment, see chapter 16.57 RCW.
(2002 Ed.)
Title 17
WEEDS, RODENTS, AND PESTS
Chapters
17.04
17.06
17.10
17.12
17.15
17.21
17.24
17.26
17.28
17.34
Weed districts.
Intercounty weed districts.
Noxious weeds—Control boards.
Agricultural pest districts.
Integrated pest management.
Washington pesticide application act.
Insect pests and plant diseases.
Control of spartina and purple loosestrife.
Mosquito control districts.
Pest control compact.
Control of predatory birds injurious to agriculture: RCW 15.04.110
through 15.04.120.
Crop liens: Chapter 60.11 RCW.
Director of agriculture: Chapter 43.23 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Mosquito control: Chapter 70.22 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Washington pesticide control act: Chapter 15.58 RCW.
Chapter 17.04
WEED DISTRICTS
Sections
17.04.010
17.04.030
17.04.050
17.04.070
Districts authorized—Area and boundaries.
Petition—Time, place and notice of hearing.
Board to determine petition—Resolution to create district.
Meetings—Qualifications of electors and directors—
Elections—Officers—Bonds—Terms of office—
Vacancies—Rules and regulations.
17.04.150 Powers—Weed inspector.
17.04.160 Contiguous lands.
17.04.170 Indian reservation lands—United States lands.
17.04.180 County and state lands.
17.04.190 Duties of weed inspector.
17.04.200 Violation of rules and regulations—Notice to destroy
weeds—Destruction.
17.04.210 Statement of expense—Hearing.
17.04.220 Examination at hearing of expenses—Amount is tax on
land—Effect of failure to serve notices.
17.04.230 Appellate review—Notice—Cost bond.
17.04.240 Assessments—Classification of property—Tax levy.
17.04.245 Assessment—Tax roll—Collection.
17.04.250 District treasurer—Duties—Fund.
17.04.260 Limit of indebtedness.
17.04.270 Districts organized under prior law—Reorganization.
17.04.280 Officials of district may enter lands—Penalty for prevention.
17.04.900 Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
17.04.910 Continuation or dissolution of district—Noxious weed control boards.
Agricultural and vegetable seeds: Chapter 15.49 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
(2002 Ed.)
17.04.010 Districts authorized—Area and boundaries. The boards of county commissioners of the respective
counties may create a weed district or districts within their
counties and enlarge any district, or reduce any district or
create or combine or consolidate the districts, or divide or
create new districts, from time to time, in the manner
hereinafter provided, for the purpose of destroying, preventing and exterminating, or to prevent the introduction,
propagation, cultivation or increase of, any particular weed,
weeds or plants, or all weeds or plants, including Scotch
broom, which are now or may hereafter be classed by the
agricultural experiment station of Washington State University as noxious weeds, or plants detrimental to or destructive
of crops, fruit, trees, shrubs, valuable plants, forage, or other
agricultural plants or produce. Any such district shall
include not less than one section of land, and the boundaries
thereof shall be along an established road, railroad, scab,
uncleared or grazing land, or property line, or established
lines, or some natural boundary, and shall include only
cultivated or farming lands and shall not include any scab,
uncleared or grazing land, except such as shall lie wholly
within cultivated or farming lands within the districts, or
which lie adjacent to such cultivated or farming lands and
which are infested, or which may reasonably be expected to
become infested, with the particular weed or weeds to be
destroyed, prevented and exterminated by such district:
PROVIDED, That any quarter section of land, or lesser legal
subdivision in single ownership, fifty percent of which is
cultivated or farming land, shall be considered cultivated and
farming land within the meaning of this chapter. [1961 c
250 § 1; 1937 c 193 § 1; 1929 c 125 § 1; RRS § 2771.
Prior: 1921 c 150 § 1. Formerly RCW 17.04.010 and
17.04.020.]
17.04.030 Petition—Time, place and notice of
hearing. Any one or more freeholders owning more than
fifty percent of the acreage desired to be included within the
proposed weed district may file a petition with the board of
county commissioners praying that their land be included,
either separately or with other lands included in the petition,
in a weed district to be formed for the purpose of destroying,
preventing or exterminating any one or all such weeds, or
that such lands be included within a district already formed,
or a new district or districts to be formed out of any district
or districts then existing. Such petition shall state the
boundaries of the proposed district, the approximate number
of acres in the proposed district, the particular weed or
weeds to be destroyed, prevented or exterminated, the
general method or means to be used in such work, and shall
contain a list of all known land owners within the proposed
district, together with the addresses of such land owners.
Upon the filing of such petition the board of county commissioners shall fix a time for a hearing thereon, and shall give
[Title 17 RCW—page 1]
17.04.030
Title 17 RCW: Weeds, Rodents, and Pests
at least thirty days’ notice of the time and place of such
hearing by posting copies of such notice in three conspicuous places within the proposed district, one copy of which
shall be at the main entrance to the court house, and by
mailing a copy of such notice to each of the land owners
named in the petition at the address therein named, and if
any of the land described in the petition be owned by the
state, a copy thereof shall be mailed to the department of
natural resources at Olympia. [1988 c 128 § 4; 1929 c 125
§ 2; RRS § 2772. Prior: 1921 c 150 § 2. Formerly RCW
17.04.030 and 17.04.040.]
17.04.050 Board to determine petition—Resolution
to create district. At the time and place fixed for such
hearing the board of county commissioners shall determine
whether such weed district shall be created and if such board
determines that such district shall be created, it shall fix the
boundaries thereof, but shall not modify the purposes of the
petition with respect to the weed or weeds to be destroyed,
prevented and exterminated as set forth in this petition, and
shall not enlarge the boundaries of the proposed district, or
enlarge or change the boundary or boundaries of any district
or districts already formed without first giving notice to all
land owners interested as provided in RCW 17.04.030. If
the board shall determine that the weed district petitioned for
shall be created it shall pass a resolution to that effect and
shall assign a number to such weed district which shall be
the lowest number not already taken or adopted by a weed
district in such county, and thereafter such district shall be
known as "Weed District No. . . . . of . . . . . . County,"
inserting in the first blank the number of the district and in
the second the name of the county in which the district is
organized. [1929 c 125 § 3; RRS §§ 2773, 2774. Prior:
1921 c 150 §§ 3, 4. Formerly RCW 17.04.050 and
17.04.060.]
17.04.070 Meetings—Qualifications of electors and
directors—Elections—Officers—Bonds—Terms of
office—Vacancies—Rules and regulations. If the board of
county commissioners establish such district it shall call a
special meeting to be held within such district for the
purpose of electing three directors for such district. No
person shall be eligible to hold the office of director who is
not a qualified elector of the state of Washington and a
resident and landowner within such district. Such meeting
shall be held not less than thirty nor more than ninety days
from the date when such district is established by such
board.
Notice of such meeting shall be given by the county
auditor by publication once a week for three successive
weeks in a newspaper of general circulation in such district,
and by posting such notice for not less than ten days before
the date fixed for such meeting in three public places within
the boundaries of such district. The notices shall state the
object of the meeting and the time and place when the same
shall be held.
At the time and place fixed for the meeting the county
commissioner in whose commissioner district such district is
located shall act as chairman and call the meeting to order.
The chairman shall appoint two persons to assist him in
conducting the election, one of whom shall act as clerk. If
[Title 17 RCW—page 2]
such county commissioner be not present the electors of such
district then present shall elect a chairman of the meeting.
Every person who is a landowner within such district
and a qualified elector of the state of Washington shall be
entitled to vote at such meeting. Any person offering to vote
may be challenged by any legally qualified elector of such
district, and the chairman of such meeting shall thereupon
administer to the person challenged an oath in substance as
follows: "You do swear (or affirm) that you are a citizen of
the United States and a qualified elector of the state of
Washington and an owner of land within the boundaries of
weed district No. . . . . of . . . . . . county (giving number of
district and name of county)." If the challenged person shall
take such oath or make such affirmation, he shall be entitled
to vote; otherwise his vote shall not be received. Any
person making a false oath, or affirmation, or any person
illegally voting at such meeting, shall be punished as
provided in the general election laws of the state for illegal
voting.
The vote shall be by secret ballot, on white paper of
uniform size and quality, of such arrangement that when
names are written thereon, the same may be folded so as not
to disclose the names. The elector shall write the names of
three persons that he desires as the first directors of such
district and shall fold his ballot and hand the same to the
chairman of the meeting who shall deposit it in a ballot box
provided for that purpose. The clerk shall thereupon write
the name of such person on a list as having voted at such
election. After all persons present and entitled to vote have
voted, the chairman shall declare the election closed, and
shall, with the assistance of the clerk and the other person
appointed as assistant, proceed to count the ballots. The
person receiving the greatest number of votes shall be
elected as director for a term ending three years from the
first Monday in March following his election; the person
receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in
March following his election, and the person receiving the
third greatest number of votes shall be elected for a term
ending one year from the first Monday of March following
his election.
Annually thereafter, there shall be held a meeting of the
electors of such district on the last Monday in February,
except that the directors may, by giving the same notice as
is required for the initial meeting, fix an earlier time for the
annual meeting on any nonholiday during the months of
December, January or February. At such meeting one
director shall be elected to succeed the director whose term
will expire on the first Monday in March following. The
directors shall call the annual meeting, and shall fix the time
and place where the same shall be held and shall give the
same notice thereof as provided for the initial meeting. The
annual meeting shall be conducted in the same manner as is
provided for the initial meeting, and the qualifications of
electors at such annual meeting shall be the same as is
required for the initial meeting. In conducting directors’
elections, the chairman may accept nominations from the
floor but voting shall not be limited to those nominated.
All directors shall hold office for the term for which
they are elected, and until their successors are elected and
qualified. In case of a vacancy occurring in the office of
any director, the county commissioners of the county in
(2002 Ed.)
Weed Districts
which such district is located shall appoint a qualified person
to fill the vacancy for the unexpired term. The board of
directors shall elect one of its members chairman and may
appoint a secretary who need not be a member of the board,
and who shall be paid such compensation as the board may
determine. Each director shall furnish a bond in the sum of
one thousand dollars, which may be a surety company bond
or property bond approved by the board of county commissioners, which bond shall be filed with the county commissioners and shall be conditioned for the faithful discharge of
his duties. The cost of such bond shall be paid by the
district the same as other expenses of the district. At any
annual meeting the method for destroying, preventing and
exterminating weeds of such district as set forth in the
petition, and the rules and regulations adopted by such district, may be changed by a majority vote of the qualified
electors present at such meeting, or a special meeting may
be called for that purpose, notice of which meeting and of
such proposed changes to be voted on, shall be given to all
landowners residing within the district by mailing a copy of
such notice and of such proposed changes to the address of
such landowner at least one week before the date fixed for
such special meeting. The qualified electors of any weed
district, at any annual meeting, may make other weeds that
are not on the petition subject to control by the weed district
by a two-thirds vote of the electors present: PROVIDED,
That said weeds have been classified by the agricultural
experiment station of Washington State University as
noxious and: PROVIDED FURTHER, That the directors of
the weed district give public notice in the manner required
for initial meetings of the proposed new control of said
weeds by the weed district. [1971 ex.s. c 292 § 15; 1961 c
250 § 2; 1929 c 125 § 4; RRS § 2774-1. Formerly RCW
17.04.070 through 17.04.140.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Elections: Chapter 29.85 RCW.
17.04.150 Powers—Weed inspector. The board of
directors of such weed district shall have power:
(1) To adopt rules and regulations, plans, methods and
means for the purpose of destroying, preventing and exterminating the weed or weeds specified in the petition, and to
supervise, carry out and enforce such rules, regulations,
plans, methods and means.
(2) To appoint a weed inspector and to require from him
a bond in such sum as the directors may determine for the
faithful discharge of his duties, and to pay the cost of such
bond from the funds of such district; and to direct such weed
inspector in the discharge of his duties; and to pay such
weed inspector from the funds of such district such per diem
or salary for the time employed in the discharge of his duties
as the directors shall determine. [1961 c 250 § 3; 1929 c
125 § 9; RRS § 2778-1. Prior: 1921 c 150 § 6.]
17.04.160 Contiguous lands. Any city or town
contiguous to or surrounded by a weed district formed under
this chapter shall provide for the destruction, prevention and
extermination of all weeds specified in the petition which are
within the boundaries of such city or town, in the same
manner and to the same extent as is provided for in such
surrounding or contiguous weed district; and it shall be the
(2002 Ed.)
17.04.070
duty of those in charge of school grounds, playgrounds,
cemeteries, parks, or any lands of a public or quasi public
nature when such lands shall be contiguous to, or within any
weed district, to see that all weeds specified in the petition
for the creation of such district are destroyed, prevented and
exterminated in accordance with the rules and requirements
of such district. [1929 c 125 § 6; RRS § 2775-1.]
Destruction of weeds, etc., city ordinance: RCW 35.21.310.
17.04.170 Indian reservation lands—United States
lands. Any lands owned by any individual wholly or partly
within the United States government Indian reservation may
be included within a weed district formed under this chapter,
and shall be subject to the same rules, regulations and taxes
as other lands within the district; and the board of directors
of any weed district are authorized to arrange with the
officer or agent in charge of any United States lands, within
or contiguous to any such district, for the destruction,
prevention and extermination of weeds on such government
lands. [1929 c 125 § 7; RRS § 2775-2.]
17.04.180 County and state lands. Whenever any
lands belonging to the county are included within a weed
district, the county legislative authority shall determine the
amount of the taxes for which the lands would be liable if
they were in private ownership, and the county legislative
authority shall appropriate from the current expense fund of
the county sufficient money to pay such amounts. Whenever
any state lands are within any weed district, the county treasurer shall certify annually and forward to the appropriate
state agency for payment a statement showing the amount of
the tax to which the lands would be liable if they were in
private ownership, separately describing each lot or parcel
and, if delinquent, with interest and penalties consistent with
RCW 84.56.020. [1991 c 245 § 1; 1984 c 7 § 18; 1971
ex.s. c 119 § 1; 1961 c 250 § 4; 1929 c 125 § 8; RRS §
2777. Prior: 1921 c 150 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
17.04.190 Duties of weed inspector. It shall be the
duty of the weed inspector to carry out the directions of the
board of directors and to see that the rules and regulations
adopted by the board are carried out. He shall personally
deliver or mail to each resident landowner within such
district and to any lessee or person in charge of any land
within such district and residing in such district, a copy of
the rules and regulations of such district; and he shall
personally deliver a copy thereof to nonresident landowners
or shall deposit a copy of the same in the United States post
office in an envelope with postage prepaid thereon addressed
to the last known address of such person as shown by the
records of the county auditor; and in event no such address
is available for mailing he shall post a copy of such rules
and regulations in a conspicuous place upon such land. A
record shall be kept by the weed inspector of such dates of
mailing, posting or delivering such rules and regulations. In
case of any railroad such rules and regulations shall be
delivered to the section foreman, or to any official of the
railroad having offices within the state. Such rules and
regulations must be delivered, posted or mailed by the weed
inspector as herein provided at least ten days before the time
[Title 17 RCW—page 3]
17.04.190
Title 17 RCW: Weeds, Rodents, and Pests
to start any annual operations necessary to comply with such
rules and regulations: PROVIDED, That after such district
shall have been in operation two years such rules and
regulations shall be delivered to resident landowners only
once every three years, unless such rules and regulations are
changed. [1961 c 250 § 5; 1929 c 125 § 10; RRS § 27782.]
17.04.200 Violation of rules and regulations—Notice
to destroy weeds—Destruction. (1) If the weed inspector,
or the board of directors, shall find that the rules and
regulations of the weed district are not being carried out on
any one or more parcels of land within such district, the
weed inspector shall give forthwith a notice in writing, on a
form to be prescribed by the directors, to the owners,
tenants, mortgagees, and occupants, or to the accredited
resident agent of any nonresident owner of such lands within
the district whereon noxious weeds are standing, being or
growing and in danger of going to seed, requiring him to
cause the same to be cut down, otherwise destroyed or
eradicated on such lands in the manner and within the time
specified in the notice, such time, however, not to exceed
seven days. It shall be the duty of the county auditor and
county treasurer to make available to the weed inspector lists
of owners, tenants, and mortgagees of lands within such
district;
(2) If a resident agent of any nonresident owner of lands
where noxious weeds are found standing, being or growing
cannot be found, the local weed inspector shall post said
notice in the form provided by the directors in three conspicuous places on said land, and in addition to posting said
notice the local weed inspector shall, at the same time mail
a copy thereof by registered or certified mail with return
receipt requested to the owner of such nonresident lands, if
his post office address is known or can be ascertained by
said inspector from the last tax list in the county treasurer’s
office, and it shall be the duty of the treasurer to furnish
such lists upon request by the weed inspector. Proof of such
serving, posting and mailing of notice by the weed inspector
shall be made by affidavit forthwith filed in the office of the
county auditor and it shall be the duty of the county auditor
to accept and file such affidavits;
(3) If the weeds are not cut down, otherwise destroyed
or eradicated within the time specified in said notice, the
local weed inspector shall personally, or with such help as
he may require, cause the same to be cut down or otherwise
destroyed in the manner specified in said notice. [1961 c
250 § 6; 1937 c 193 § 2; 1929 c 125 § 11; RRS § 2778-3.
Prior: 1921 c 150 § 9, part.]
17.04.210 Statement of expense—Hearing. The
weed inspector shall keep an accurate account of expenses
incurred by him in carrying out the provisions of this chapter
with respect to each parcel of land entered upon, and the
prosecuting attorney of the county or the attorney for the
weed district shall cause to be served, mailed or posted in
the same manner as provided in this chapter for giving
notice to destroy noxious weeds, a statement of such
expenses, including description of the land, verified by oath
of the weed inspector to the owner, lessee, mortgagee,
occupant or agent, or person having charge of said land, and
[Title 17 RCW—page 4]
coupled with such statement shall be a notice subscribed by
said prosecuting attorney or attorney for the weed district
and naming a time and place when and where such matter
will be brought before the board of directors of such district
for hearing and determination, said statement or notice to be
served, mailed or posted, as the case may be, at least ten
days before the time for such hearing. [1961 c 250 § 7;
1929 c 125 § 12; RRS § 2778-4.]
17.04.220 Examination at hearing of expenses—
Amount is tax on land—Effect of failure to serve notices.
At the time of such hearing as provided in RCW 17.04.210,
or at such time to which the same may be continued or
adjourned, the board of directors shall proceed to examine
expenses incurred by the weed inspector in controlling weeds
on the parcel of land in question, and shall hear such
testimony of such other persons who may have legal interest
in the proceedings, and shall enter an order upon its minutes
as to what amount, if any, is properly chargeable against the
lands for weed control. Cost of serving, mailing and posting
shall be added to any amount so found to be due and shall
be considered part of the cost of weed control on the land in
question. The amount so charged by the directors shall be
a tax on the land on which said work was done after the
expiration of ten days from the date of entry of said order,
unless an appeal be taken as in this chapter provided, in
which event the same shall become a tax at the time the
amount to be paid shall be determined by the court; and the
county treasurer shall enter the same on the tax rolls against
the land for the current year and collect it, together with
penalty and interest, as other taxes are collected, and when
so collected the same shall be paid into the fund for such
weed district: PROVIDED, That a failure to serve, mail or
post any of the notices or statements provided for in this
chapter, shall not invalidate said tax, but in case of such
failure the lien of such tax shall be subordinate and inferior
to the interests of any mortgagee to whom notice has not
been given in accordance with the provisions of this chapter.
[1961 c 250 § 8; 1929 c 125 § 13; RRS § 2778-5. Prior:
1921 c 150 § 5. FORMER PART OF SECTION: 1925 c
125 § 14 now codified in RCW 17.04.230.]
17.04.230 Appellate review—Notice—Cost bond.
Any interested party may appeal from the decision and order
of the board of directors of such district to the superior court
of the county in which such district is located, by serving
written notice of appeal on the chairman of the board of
directors and by filing in the office of the clerk of the
superior court a copy of said notice of appeal with proof of
service attached, together with a good and sufficient cost
bond in the sum of two hundred dollars, said cost bond to
run to such district and in all respects to comply with the
laws relating to cost bonds required of nonresident plaintiffs
in the superior court. Said notice must be served and filed
within ten days from the date of the decision and order of
such board of directors, and said bond must be filed within
five days after the filing of such notice of appeal. Whenever
notice of appeal and the cost bond as herein provided shall
have been filed with the clerk of the superior court, the clerk
shall notify the board of directors of such district thereof,
and such board shall forthwith certify to said court all
(2002 Ed.)
Weed Districts
17.04.230
notices and records in said matters, together with proof of
service, and a true copy of the order and decision pertaining
thereto made by such board. If no appeal be perfected
within ten days from the decision and order of such board,
the same shall be deemed confirmed and the board shall
certify the amount of such charges to the county treasurer
who shall enter the same on the tax rolls against the land.
When an appeal is perfected the matter shall be heard in the
superior court de novo and the court’s decision shall be
conclusive on all persons served under this chapter: PROVIDED, That appellate review of the order or decision of the
superior court in the manner provided by existing laws, and
upon the conclusion of such review, the amount of charges
and costs adjudged to be paid shall be certified by the clerk
of the superior court to the county treasurer and said
treasurer shall proceed to enter the same on his rolls against
the lands affected. [1988 c 202 § 21; 1971 c 81 § 56; 1929
c 125 § 14; RRS § 2778-6. Formerly RCW 17.04.220, part,
and 17.04.230.]
lected from such tax shall be paid into a fund to be known
as "fund of weed district . . . . . . of . . . . . . county" (giving
the number of district and name of county). All expenses in
connection with the operation of such district, including the
expenses of initial and annual meetings, shall be paid from
such fund, upon vouchers approved by the board of directors
of such district. [1957 c 13 § 3. Prior: 1929 c 125 § 5,
part; 1921 c 150 § 5; RRS § 2775.]
Appeals to supreme court: Rules of court: See Rules of Appellate
Procedure.
Severability—1988 c 202: See note following RCW 2.24.050.
Cost bonds, civil procedure: RCW 4.84.210 through 4.84.240.
17.04.270 Districts organized under prior law—
Reorganization. Any weed district heretofore organized
under any law of the state of Washington may become a
weed district under the provisions of this chapter and entitled
to exercise all the powers and subject to the limitations of a
weed district organized under this chapter by the election of
three directors for such weed district which shall be done in
the same manner as is provided in this chapter for the
election of the first directors of a district organized under
this chapter. [1929 c 125 § 15; RRS § 2778-7.]
17.04.240 Assessments—Classification of property—
Tax levy. The directors shall annually determine the amount
of money necessary to carry on the operations of the district
and shall classify the property therein in proportion to the
benefits to be derived from the operations of the district and
in accordance with such classification shall prorate the cost
so determined and shall levy assessments to be collected
with the general taxes of the county. In the event that any
bonded or warrant indebtedness pledging tax revenue of the
district shall be outstanding on April 1, 1951, the directors
may, for the sole purpose of retiring such indebtedness,
continue to levy a tax upon all taxable property in the
district until such bonded or warrant indebtedness shall have
been retired. [1957 c 13 § 2. Prior: 1951 c 107 § 1; 1929
c 125 § 5, part; RRS § 2774-2.]
Validating—1957 c 13: "The provisions of this act are retroactive
and any actions or proceedings had or taken under the provisions of RCW
17.04.240, 17.04.250, 17.04.260, 17.08.050, 17.08.060, 17.08.070,
17.08.080, 17.08.090, 17.08.100 or 17.08.110 are hereby ratified, validated
and confirmed." [1957 c 13 § 14.]
17.04.245 Assessment—Tax roll—Collection. Such
assessments as are made under the provisions of RCW
17.04.240, by the weed district commissioners, shall be
spread by the county assessor on the general tax roll in a
separate item. Such assessments shall be collected and
accounted for with the general taxes, with the terms and
penalties thereto attached. [1951 1st ex.s. c 6 § 1.]
17.04.250 District treasurer—Duties—Fund. The
county treasurer shall be ex officio treasurer of such district
and the county assessor and other county officers shall take
notice of the formation of such district and of the tax levy
and shall extend the tax on the tax roll against the property
liable therefor the same as other taxes are extended, and
such tax shall become a general tax against such property,
and shall be collected and accounted for as other taxes, with
the terms and penalties thereto attached. The moneys col(2002 Ed.)
17.04.260 Limit of indebtedness. No weed district
shall contract any obligation in any year in excess of the
total of the funds which will be available during the current
year from the tax levy made in the preceding year and funds
received in the current year from services rendered and from
any other lawful source, and funds accumulated from
previous years. [1963 c 52 § 1; 1961 c 250 § 9; 1957 c 13
§ 4. Prior: 1929 c 125 § 5, part; 1921 c 150 § 8; RRS §
2778.]
17.04.280 Officials of district may enter lands—
Penalty for prevention. All weed district directors, all
weed inspectors, and all official agents of all weed districts,
in the performance of their official duties, have the right to
enter and go upon any of the lands within their weed district
at any reasonable time for any reason necessary to effectuate
the purposes of the weed district. Any person who prevents
or threatens to prevent any lawful agent of the weed district,
after said agent identifies himself and the purpose for which
he is going upon the land, from entering or going upon the
land within said weed district at a reasonable time and for a
lawful purpose of the weed district, is guilty of a misdemeanor. [1961 c 250 § 10.]
17.04.900 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
17.04.910 Continuation or dissolution of district—
Noxious weed control boards. See RCW 17.10.900.
Chapter 17.06
INTERCOUNTY WEED DISTRICTS
Sections
17.06.010
17.06.020
17.06.030
17.06.040
17.06.050
Definitions.
Intercounty weed districts authorized.
Petition for formation—Notice of hearing.
Hearing—Boundaries—Order of establishment.
Meetings—Qualifications of electors and directors—
Elections—Officers—Bonds—Terms—Rules.
[Title 17 RCW—page 5]
Chapter 17.06
Title 17 RCW: Weeds, Rodents, and Pests
17.06.060
17.06.070
17.06.900
Directors powers and duties—Taxation—Treasurer—Costs.
Actions of county officers—Costs.
Continuation or dissolution of district—Noxious weed control boards.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
17.06.010 Definitions. As used in this chapter, unless
the context indicates otherwise, "principal board of county
commissioners", "principal county treasurer", and "principal
county auditor" mean respectively those in the county of that
part of the proposed intercounty weed district in which the
greatest amount of acreage is located. [1959 c 205 § 1.]
17.06.020 Intercounty weed districts authorized.
An intercounty weed district, including all or any part of two
counties or more, may be created for the purposes set forth
in RCW 17.04.010 by the joint action of the boards of
county commissioners of the counties in which any portion
of the proposed district is located. [1959 c 205 § 2.]
17.06.030 Petition for formation—Notice of hearing.
Any one or more freeholders owning more than fifty percent
of the acreage desired to be included within the proposed
intercounty weed district may file a petition with the principal board of county commissioners praying that their land
be included, either separately or with other lands included in
the petition, in a weed district to be formed for the purpose
of destroying, preventing or exterminating any one or all
such weeds, or that such lands be included within a district
already formed, or a new district or districts to be formed
out of any district or districts then existing. Such petition
shall state the boundaries of the proposed district, the
approximate number of acres in the proposed district, the
particular weed or weeds to be destroyed, prevented or
exterminated, the general method or means to be used in
such work, and shall contain a list of all known landowners
within the proposed district, together with the addresses of
such landowners. Upon the filing of such petition the
principal board of county commissioners shall notify the
other boards of commissioners, shall arrange a time for a
joint hearing on the petition, and shall give at least thirty
days’ notice of the time and place of such hearing by posting
copies of such notice in three conspicuous places within the
proposed district, and at the main entrance to the court house
of each county, and by mailing a copy of such notice to each
of the landowners named in the petition at the address
named therein. If any of the land described in the petition
be owned by the state a copy thereof shall be mailed to the
department of natural resources at Olympia. [1988 c 128 §
5; 1959 c 205 § 3.]
17.06.040 Hearing—Boundaries—Order of establishment. At the time and place fixed for such hearing, with
the chairman of the principal board acting as chairman, the
respective boards shall determine by a majority vote of each
of the boards of county commissioners of the counties
whether such intercounty weed district shall be created, and
if they determine that such district shall be created, the
respective boards shall fix the boundaries of the portion of
the proposed district within their respective counties, but
they shall not modify the purposes of the petition with
[Title 17 RCW—page 6]
respect to the weed or weeds to be destroyed, prevented and
exterminated as set forth in the petition, and they shall not
enlarge the boundary of the proposed district, or enlarge or
change the boundary or boundaries of any district or districts
already formed without first giving notice, as provided in
RCW 17.06.030, to all landowners interested. If the respective bodies shall determine that the weed district petitioned
for shall be created each such board shall thereupon enter an
order establishing and defining the boundary lines of the
proposed district within its respective county. A number
shall be assigned to such weed district which shall be the
lowest number not already taken or adopted by an intercounty weed district in the state, and thereafter such district shall
be known as "weed district No. . . . .", inserting in the blank
the number of the district.
If any county represented does not by a majority vote of
its board of commissioners support the petition for an
intercounty district, the petition shall be dismissed. [1959 c
205 § 4.]
17.06.050 Meetings—Qualifications of electors and
directors—Elections—Officers—Bonds—Terms—Rules.
If the respective boards of county commissioners establish
such district the chairman of the principal board shall call a
special meeting of landowners to be held within such district
for the purpose of electing three directors for such district.
No person shall be eligible to hold the office of director who
is not a qualified elector of the state of Washington and a
resident and landowner within such district. Such meeting
shall be held not less than thirty nor more than ninety days
from the date when such district is established.
Notice of such meeting shall be given by the principal
county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such
district, and by posting such notice for not less than ten days
before the date fixed for such meeting in three public places
within the boundaries of such district. The notices shall state
the object of the meeting and the time and place when the
same shall be held.
At the time and place fixed for the meeting the chairman shall appoint two persons to assist him in conducting
the election, one of whom shall act as clerk. If such
chairman be not present the electors of such district then
present shall elect a chairman of the meeting.
Every person who is a landowner within such district
and a qualified elector of the state of Washington shall be
entitled to vote at such meeting. Any person offering to vote
may be challenged by any legally qualified elector of such
district, and the chairman of such meeting shall thereupon
administer to the person challenged an oath in substance as
follows: "You do swear (or affirm) that you are a citizen of
the United States and a qualified elector of the state of
Washington and an owner of land within the boundaries of
weed district No. . . . . (giving number of district)." If the
challenged person shall take such oath or make such affirmation, he shall be entitled to vote; otherwise his vote shall not
be received. Any person making a false oath, or affirmation,
or any person illegally voting at such meeting, shall be punished as provided in the general election laws of the state for
illegal voting.
(2002 Ed.)
Intercounty Weed Districts
The vote shall be by secret ballot, on white paper of
uniform size and quality, of such arrangement that when
names are written thereon, the same may be folded so as not
to disclose the names. The elector shall write the names of
three persons that he desires as the first directors of such
district and shall fold his ballot and hand the same to the
chairman of the meeting who shall deposit it in a ballot box
provided for that purpose. The clerk shall thereupon write
the name of such person on a list as having voted at such
election. After all persons present and entitled to vote have
voted, the chairman shall declare the election closed, and
shall, with the assistance of the clerk and the other person
appointed as assistant, proceed to count the ballots. The
person receiving the greatest number of votes shall be
elected as director for a term ending three years from the
first Monday in March following his election; the person
receiving the second greatest number of votes shall be elected for a term ending two years from the first Monday in
March following his election, and the person receiving the
third greatest number of votes shall be elected for a term
ending one year from the first day of March following his
election.
Annually thereafter, there shall be held a meeting of the
electors of such district on the first Monday in February. At
such meeting one director shall be elected to succeed the
director whose term will expire on the first Monday in
March following. The directors shall call the annual
meeting, and shall fix the time when and place where the
same shall be held and shall give the same notice thereof as
provided for the initial meeting. The annual meeting shall
be conducted in the same manner as is provided for the initial meeting, and the qualifications of electors at such annual
meeting shall be the same as is required for the initial
meeting.
All directors shall hold office for the term for which
they are elected, and until their successors are elected and
qualified. In case of a vacancy occurring in the office of
any director, the remaining members of the board of directors shall appoint a qualified person to fill the vacancy for
the unexpired term. The board of directors shall elect one
of its members chairman and may appoint a secretary who
need not be a member of the board, and who shall be paid
such compensation as the board may determine. Each
director shall furnish a bond in the sum of one thousand
dollars, which may be a surety company bond or property
bond approved by the principal board of county commissioners, which bond shall be filed with the same board and shall
be conditioned for the faithful discharge of his duties. The
cost of such bond shall be paid by the district the same as
other expenses of the district.
At any annual meeting the method for destroying,
preventing and exterminating weeds of such district as set
forth in the petition, and the rules and regulations adopted by
such district, may be changed by a majority vote of the
qualified electors present at such meeting, or a special
meeting may be called for that purpose, notice of which
meeting and of such proposed changes to be voted on, shall
be given to all landowners residing within the district by
mailing a copy of such notice and of such proposed changes
to the address of such landowner at least one week before
the date fixed for such special meeting. [1971 ex.s. c 292 §
16; 1959 c 205 § 5.]
(2002 Ed.)
17.06.050
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
17.06.060 Directors powers and duties—Taxation—
Treasurer—Costs. The board of directors of an intercounty
weed district shall have the same powers and duties as the
board of directors of a weed district located entirely within
one county, and all the provisions of chapter 17.04 RCW are
hereby made applicable to intercounty weed districts:
PROVIDED, That in the case of evaluation, assessment,
collection, apportionment, and any other allied power or duty
relating to taxes in connection with the district, the action
shall be performed by the officer or board of the county for
that area of the district which is located within his respective
county, and all materials, information, and other data and all
moneys collected shall be submitted to the proper officer of
the county of that part of the district in which the greatest
amount of acreage is located. Any power which may be or
duty which shall be performed in connection therewith shall
be performed by the officer or board receiving such as
though only a district in a single county were concerned.
All moneys collected from such area constituting a part of
such district that should be paid to such district shall be
delivered to the principal county treasurer who shall be ex
officio treasurer of such district. All other materials,
information, or data relating to the district shall be submitted
to the district board of directors.
Any costs or expenses incurred under this section shall
be borne proportionately by each county involved. [1959 c
205 § 6.]
17.06.070 Actions of county officers—Costs.
Whenever any action is required or may be performed by
any county officer or board for all purposes essential to the
maintenance, operation, and administration of the district,
such action shall be performed by the respective officer or
board of the county of that part of the district in which the
greatest amount of acreage of the district is located.
All costs incurred shall be borne proportionately by each
county in that ratio which the amount of acreage of the
district located in that part of each county forming a part of
the district bears to the total amount of acreage located in
the whole district. [1959 c 205 § 7.]
17.06.900 Continuation or dissolution of district—
Noxious weed control boards. See RCW 17.10.900.
Chapter 17.10
NOXIOUS WEEDS—CONTROL BOARDS
Sections
17.10.007
17.10.010
17.10.020
17.10.030
17.10.040
17.10.050
17.10.060
Purpose—Construction—1975 1st ex.s. c 13.
Definitions.
County noxious weed control boards—Created—
Jurisdiction—Inactive status.
State noxious weed control board—Members—Terms—
Elections—Meetings—Reimbursement for travel expenses.
Activation of inactive county noxious weed control board.
Activated county noxious weed control board—Members—
Election—Terms—Meetings—Quorum—Expenses—
Officers—Vacancy.
Activated county noxious weed control board—Weed coordinator—Authority—Rules and regulations.
[Title 17 RCW—page 7]
Chapter 17.10
17.10.070
17.10.074
17.10.080
17.10.090
17.10.100
17.10.110
17.10.120
17.10.130
17.10.134
17.10.140
17.10.145
17.10.154
17.10.160
17.10.170
17.10.180
17.10.190
17.10.201
17.10.205
17.10.210
17.10.230
17.10.235
17.10.240
17.10.250
17.10.260
17.10.270
17.10.280
17.10.290
17.10.300
17.10.310
17.10.350
17.10.890
17.10.900
17.10.910
Title 17 RCW: Weeds, Rodents, and Pests
State noxious weed control board—Powers—Report.
Director—Powers.
State noxious weed list—Hearing—Adoption—
Dissemination.
State noxious weed list—Selection of weeds for control by
county board.
Order to county board to include weed from state board’s
list in county’s noxious weed list.
Regional noxious weed control board—Creation.
Regional noxious weed control board—Members—
Meetings—Quorum—Officers—Effect on county boards.
Regional noxious weed control board—Powers and duties.
Liability of county and regional noxious weed control
boards.
Owner’s duty to control spread of noxious weeds.
State agencies’ duty to control spread of noxious weeds.
Owners’ agreements with county noxious weed control
boards—Terms—Enforcement.
Right of entry—Warrant for noxious weed search—Civil
liability—Penalty for preventing entry.
Finding presence of noxious weeds—Notice for failure of
owner to control—Control by county board—Liability
of owner—Lien—Alternative.
Hearing on liability for expense of control—Notice—
Review.
Notice and information as to noxious weed control.
Noxious weed control on federal and tribal lands—State and
county cooperation.
Control of noxious weeds in open areas.
Quarantine of land—Order—Expense.
Violations—Penalty.
Selling product, article, or feed containing noxious weed
seeds or toxic weeds—Penalty—Rules—Inspections—
Fees.
Special assessments, appropriations for noxious weed control—Assessment rates.
Applications for noxious weed control funds.
Administrative powers to be exercised in conformity with
administrative procedure act—Use of weed control
substances subject to other acts.
Noxious weed control boards—Authority to obtain insurance
or surety bonds.
Lien for labor, material, equipment used in controlling noxious weeds.
Lien for labor, material, equipment used in controlling noxious weeds—Notice of lien.
Lien for labor, material, equipment used in controlling noxious weeds—Claim—Filing—Contents.
Notice of infraction—Issuance.
Infraction—Penalty.
Deactivation of county noxious weed control board—
Hearing.
Weed districts—Continuation—Dissolution—Transfer of
assessment funds.
Severability—1969 ex.s. c 113.
17.10.007 Purpose—Construction—1975 1st ex.s. c
13. The purpose of this chapter is to limit economic loss
and adverse effects to Washington’s agricultural, natural, and
human resources due to the presence and spread of noxious
weeds on all terrestrial and aquatic areas in the state.
The intent of the legislature is that this chapter be
liberally construed, and that the jurisdiction, powers, and
duties granted to the county noxious weed control boards by
this chapter are limited only by specific provisions of this
chapter or other state and federal law. [1997 c 353 § 1;
1975 1st ex.s. c 13 § 17. Formerly RCW 17.10.905.]
17.10.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
[Title 17 RCW—page 8]
(1) "Noxious weed" means a plant that when established
is highly destructive, competitive, or difficult to control by
cultural or chemical practices.
(2) "State noxious weed list" means a list of noxious
weeds adopted by the state noxious weed control board. The
list is divided into three classes:
(a) Class A consists of those noxious weeds not native
to the state that are of limited distribution or are unrecorded
in the state and that pose a serious threat to the state;
(b) Class B consists of those noxious weeds not native
to the state that are of limited distribution or are unrecorded
in a region of the state and that pose a serious threat to that
region;
(c) Class C consists of any other noxious weeds.
(3) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.
(4) "Owner" means the person in actual control of
property, or his or her agent, whether the control is based on
legal or equitable title or on any other interest entitling the
holder to possession and, for purposes of liability, pursuant
to RCW 17.10.170 or 17.10.210, means the possessor of
legal or equitable title or the possessor of an easement:
PROVIDED, That when the possessor of an easement has
the right to control or limit the growth of vegetation within
the boundaries of an easement, only the possessor of the
easement is deemed, for the purpose of this chapter, an
"owner" of the property within the boundaries of the
easement.
(5) As pertains to the duty of an owner, the words
"control", "contain", "eradicate", and the term "prevent the
spread of noxious weeds" means conforming to the standards
of noxious weed control or prevention in this chapter or as
adopted by rule in chapter 16-750 WAC by the state noxious
weed control board and an activated county noxious weed
control board.
(6) "Agent" means any occupant or any other person
acting for the owner and working or in charge of the land.
(7) "Agricultural purposes" are those that are intended
to provide for the growth and harvest of food and fiber.
(8) "Director" means the director of the department of
agriculture or the director’s appointed representative.
(9) "Weed district" means a weed district as defined in
chapters 17.04 and 17.06 RCW.
(10) "Aquatic noxious weed" means an aquatic plant
species that is listed on the state weed list under RCW
17.10.080.
(11) "Screenings" means a mixture of mill or elevator
run mixture or a combination of varying amounts of materials obtained in the process of cleaning either grain or seeds,
or both, such as light or broken grain or seed, weed seeds,
hulls, chaff, joints, straw, elevator dust, floor sweepings,
sand, and dirt. [1997 c 353 § 2; 1995 c 255 § 6; 1987 c 438
§ 1; 1975 1st ex.s. c 13 § 1; 1969 ex.s. c 113 § 1.]
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
17.10.020 County noxious weed control boards—
Created—Jurisdiction—Inactive status. (1) In each
county of the state there is created a noxious weed control
board, bearing the name of the county within which it is
(2002 Ed.)
Noxious Weeds—Control Boards
located. The jurisdictional boundaries of each board are the
boundaries of the county within which it is located.
(2) Each noxious weed control board is inactive until
activated pursuant to the provisions of RCW 17.10.040.
[1997 c 353 § 3; 1969 ex.s. c 113 § 2.]
17.10.030 State noxious weed control board—
Members—Terms—Elections—Meetings—
Reimbursement for travel expenses. There is created a
state noxious weed control board comprised of nine voting
members and three nonvoting members. Four of the voting
members shall be elected by the members of the various
activated county noxious weed control boards, and shall be
residents of a county in which a county noxious weed
control board has been activated and a member of said
board, and those qualifications shall continue through their
term of office. Two of these members shall be elected from
the west side of the state, the crest of the Cascades being the
dividing line, and two from the east side of the state. The
director of agriculture is a voting member of the board. One
voting member shall be elected by the directors of the
various active weed districts formed under chapter 17.04 or
17.06 RCW. The Washington state association of counties
appoints one voting member who shall be a member of a
county legislative authority. The director shall appoint two
voting members to represent the public interest, one from the
west side and one from the east side of the state. The
director shall also appoint three nonvoting members representing scientific disciplines relating to weed control. The
term of office for all members of the board is three years
from the date of election or appointment.
The board, by rule, shall establish a position number for
each elected position of the board and shall designate which
county noxious weed control board members are eligible to
vote for each elected position. The elected members serve
staggered terms. Elections for the elected members of the
board shall be held thirty days prior to the expiration date of
their respective terms. Nominations and elections shall be
by mail and conducted by the board.
The board shall conduct its first meeting within thirty
days after all its members have been elected. The board
shall elect from its members a chair and other officers as
may be necessary. A majority of the voting members of the
board constitutes a quorum for the transaction of business
and is necessary for any action taken by the board. The
members of the board serve without salary, but shall be
reimbursed for travel expenses incurred in the performance
of their duties under this chapter in accordance with RCW
43.03.050 and 43.03.060. [1997 c 353 § 4; 1987 c 438 § 2;
1975-’76 2nd ex.s. c 34 § 23; 1969 ex.s. c 113 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
17.10.040 Activation of inactive county noxious
weed control board. An inactive county noxious weed
control board may be activated by any one of the following
methods:
(1) Either within sixty days after a petition is filed by
one hundred registered voters within the county or, on its
own motion, the county legislative authority shall hold a
hearing to determine whether there is a need, due to a
(2002 Ed.)
17.10.020
damaging infestation of noxious weeds, to activate the
county noxious weed control board. If such a need is found
to exist, then the county legislative authority shall, in the
manner provided by RCW 17.10.050, appoint five persons
to the county’s noxious weed control board.
(2) If the county’s noxious weed control board is not
activated within one year following a hearing by the county
legislative authority to determine the need for activation,
then upon the filing with the state noxious weed control
board of a petition comprised either of the signatures of at
least two hundred registered voters within the county, or of
the signatures of a majority of an adjacent county’s noxious
weed control board, the state board shall, within six months
of the date of the filing, hold a hearing in the county to
determine the need for activation. If a need for activation is
found to exist, then the state board shall order the county
legislative authority to activate the county’s noxious weed
control board and to appoint members to the board in the
manner provided by RCW 17.10.050.
(3) The director, upon request of the state noxious weed
control board, shall order a county legislative authority to
activate the noxious weed control board immediately if an
infestation of a class A noxious weed or class B noxious
weed designated for control on the state noxious weed list is
confirmed in that county. The county legislative authority
may, as an alternative to activating the noxious weed board,
combat the class A noxious weed or class B noxious weed
with county resources and personnel operating with the authorities and responsibilities imposed by this chapter on a
county noxious weed control board. No county may
continue without a noxious weed control board for a second
consecutive year if the class A noxious weed or class B
noxious weed has not been eradicated. [1997 c 353 § 5;
1987 c 438 § 3; 1975 1st ex.s. c 13 § 2; 1969 ex.s. c 113 §
4.]
17.10.050 Activated county noxious weed control
board—Members—Election—Terms—Meetings—
Quorum—Expenses—Officers—Vacancy. (1) Each
activated county noxious weed control board consists of five
voting members appointed by the county legislative authority. In appointing the voting members, the county legislative
authority shall divide the county into five geographical areas
that best represent the county’s interests, and appoint a
voting member from each geographical area. At least four
of the voting members shall be engaged in the primary
production of agricultural products. There is one nonvoting
member on the board who is the chair of the county extension office or an extension agent appointed by the chair of
the county extension office. Each voting member of the
board serves a term of four years, except that the county
legislative authority shall, when a board is first activated
under this chapter, designate two voting members to serve
terms of two years. The board members shall not receive a
salary but shall be compensated for actual and necessary
expenses incurred in the performance of their official duties.
(2) The voting members of the board serve until their
replacements are appointed. New members of the board
shall be appointed at least thirty days prior to the expiration
of any board member’s term of office.
[Title 17 RCW—page 9]
17.10.050
Title 17 RCW: Weeds, Rodents, and Pests
Notice of expiration of a term of office shall be published at least twice in a weekly or daily newspaper of
general circulation in the section [geographical area] with
last publication occurring at least ten days prior to the
nomination. All persons interested in appointment to the
board and residing in the geographical area with a pending
nomination shall make a written application that includes the
signatures of at least ten registered voters residing in the
geographical area supporting the nomination to the county
noxious weed control board. After nominations close, the
county noxious weed control board shall, after a hearing,
send the applications to the county legislative authority
recommending the names of the most qualified candidates,
and post the names of those nominees in the county courthouse and publish in at least one newspaper of general
circulation in the county. The county legislative authority,
within ten days of receiving the list of nominees, shall
appoint one of those nominees to the county noxious weed
control board to represent that geographical area during that
term of office.
(3) Within thirty days after all the members have been
appointed, the board shall conduct its first meeting. A
majority of the voting members of the board constitutes a
quorum for the transaction of business and is necessary for
any action taken by the board. The board shall elect from
its members a chair and other officers as may be necessary.
(4) In case of a vacancy occurring in any voting
position on a county noxious weed control board, the county
legislative authority of the county in which the board is
located shall appoint a qualified person to fill the vacancy
for the unexpired term. [1997 c 353 § 6; 1987 c 438 § 4;
1980 c 95 § 1; 1977 ex.s. c 26 § 6; 1975 1st ex.s. c 13 § 3;
1974 ex.s. c 143 § 1; 1969 ex.s. c 113 § 5.]
17.10.060 Activated county noxious weed control
board—Weed coordinator—Authority—Rules and
regulations. (1) Each activated county noxious weed control
board shall employ or otherwise provide a weed coordinator
whose duties are fixed by the board but which shall include
inspecting land to determine the presence of noxious weeds,
offering technical assistance and education, and developing
a program to achieve compliance with the weed law. The
weed coordinator may be employed full time, part time, or
seasonally by the county noxious weed control board.
County weed board employment practices shall comply with
county personnel policies. Within sixty days from initial
employment the weed coordinator shall obtain a pest control
consultant license, a pesticide operator license, and the
necessary endorsements on the licenses as required by law.
Each board may purchase, rent, or lease equipment, facilities,
or products and may hire additional persons as it deems
necessary for the administration of the county’s noxious
weed control program.
(2) Each activated county noxious weed control board
has the power to adopt rules and regulations, subject to
notice and hearing as provided in chapters 42.30 and 42.32
RCW, as are necessary for an effective county weed control
or eradication program.
(3) Each activated county noxious weed control board
shall meet with a quorum at least quarterly. [1997 c 353 §
7; 1987 c 438 § 5; 1969 ex.s. c 113 § 6.]
[Title 17 RCW—page 10]
17.10.070 State noxious weed control board—
Powers—Report. (1) In addition to the powers conferred
on the state noxious weed control board under other provisions of this chapter, it has the power to:
(a) Employ a state noxious weed control board executive secretary, and additional persons as it deems necessary,
to disseminate information relating to noxious weeds to
county noxious weed control boards and weed districts, to
coordinate the educational and weed control efforts of the
various county and regional noxious weed control boards and
weed districts, and to assist the board in carrying out its
responsibilities;
(b) Adopt, amend, or repeal rules, pursuant to the
administrative procedure act, chapter 34.05 RCW, as may be
necessary to carry out the duties and authorities assigned to
the board by this chapter.
(2) The state noxious weed control board shall provide
a written report before January 1st of each odd-numbered
year to the county noxious weed control boards and the
weed districts showing the expenditure of state funds on
noxious weed control; specifically how the funds were spent;
the status of the state, county, and district programs; and
recommendations for the continued best use of state funds
for noxious weed control. The report shall include recommendations as to the long-term needs regarding weed
control. [1998 c 245 § 3; 1997 c 353 § 8; 1987 c 438 § 6;
1975 1st ex.s. c 13 § 4; 1969 ex.s. c 113 § 7.]
17.10.074 Director—Powers. (1) In addition to the
powers conferred on the director under other provisions of
this chapter, the director, with the advice of the state noxious
weed control board, has power to:
(a) Require the county legislative authority or the
noxious weed control board of any county or any weed
district to report to it concerning the presence, absence, or
estimated amount of noxious weeds and measures, if any,
taken or planned for the control thereof;
(b) Employ staff as may be necessary in the administration of this chapter;
(c) Adopt, amend, or repeal rules, pursuant to the
administrative procedure act, chapter 34.05 RCW, as may be
necessary to carry out this chapter;
(d) Do such things as may be necessary and incidental
to the administration of its functions pursuant to this chapter
including but not limited to surveying for and detecting
noxious weed infestations;
(e) Upon receipt of a complaint signed by a majority of
the members of an adjacent county noxious weed control
board or weed district, or by one hundred registered voters
that are land owners within the county, require the county
legislative authority or noxious weed control board of the
county or weed district that is the subject of the complaint
to respond to the complaint within forty-five days with a
plan for the control of the noxious weeds cited in the
complaint;
(f) If the complaint in (e) of this subsection involves a
class A or class B noxious weed, order the county legislative
authority, noxious weed control board, or weed district to
take immediate action to eradicate or control the noxious
weed infestation. If the county or the weed district does not
take action to control the noxious weed infestation in
(2002 Ed.)
Noxious Weeds—Control Boards
accordance with the order, the director may control it or
cause it to be controlled. The county or weed district is
liable for payment of the expense of the control work
including necessary costs and expenses for attorneys’ fees
incurred by the director in securing payment from the county
or weed district. The director may bring a civil action in a
court of competent jurisdiction to collect the expenses of the
control work, costs, and attorneys’ fees;
(g) In counties without an activated noxious weed
control board, enter upon any property as provided for in
RCW 17.10.160, issue or cause to be issued notices and
citations and take the necessary action to control noxious
weeds as provided in RCW 17.10.170, hold hearings on any
charge or cost of control action taken as provided for in
RCW 17.10.180, issue a notice of civil infraction as provided
for in RCW 17.10.230 and 17.10.310 through [and]
17.10.350, and place a lien on any property pursuant to
RCW 17.10.280, 17.10.290, and 17.10.300 with the same
authorities and responsibilities imposed by these sections on
county noxious weed control boards;
(h) Adopt a list of noxious weed seeds and toxic weeds
which shall be controlled in designated articles, products, or
feed stuffs as provided for in RCW 17.10.235.
(2) The moneys appropriated for noxious weed control
to the department shall be used for administration of the
state noxious weed control board, the administration of the
director’s powers under this chapter, the purchase of materials for controlling, containing, or eradicating noxious weeds,
the purchase or collection of biological control agents for
controlling noxious weeds, and the contracting for services
to carry out the purposes of this chapter. In a county with
an activated noxious weed control board, the director shall
make every effort to contract with that board for the needed
services.
(3) If the director determines the need to reallocate
funds previously designated for county use, the director shall
convene a meeting of the state noxious weed control board
to seek its advice concerning any reallocation. [1997 c 353
§ 9; 1987 c 438 § 7.]
17.10.080 State noxious weed list—Hearing—
Adoption—Dissemination. (1) The state noxious weed
control board shall each year or more often, following a
hearing, adopt a state noxious weed list.
(2) Any person may request during a comment period
established by the state weed board the inclusion, deletion,
or designation change of any plant to the state noxious weed
list.
(3) The state noxious weed control board shall send a
copy of the list to each activated county noxious weed
control board, to each weed district, and to the county
legislative authority of each county with an inactive noxious
weed control board.
(4) The record of rule making must include the written
findings of the board for the inclusion of each plant on the
list. The findings shall be made available upon request to
any interested person. [1997 c 353 § 10; 1989 c 175 § 57;
1987 c 438 § 8; 1975 1st ex.s. c 13 § 5; 1969 ex.s. c 113 §
8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2002 Ed.)
17.10.074
17.10.090 State noxious weed list—Selection of
weeds for control by county board. Each county noxious
weed control board shall, within ninety days of the adoption
of the state noxious weed list from the state noxious weed
control board and following a hearing, select those weeds
from the class C list and those weeds from the class B list
not designated for control in the noxious weed control region
in which the county lies that it finds necessary to be controlled in the county. The weeds thus selected and all class
A weeds and those class B weeds that have been designated
for control in the noxious weed control region in which the
county lies shall be classified within that county as noxious
weeds, and those weeds comprise the county noxious weed
list. [1997 c 353 § 11; 1987 c 438 § 9; 1969 ex.s. c 113 §
9.]
17.10.100 Order to county board to include weed
from state board’s list in county’s noxious weed list.
Where any of the following occur, the state noxious weed
control board may, following a hearing, order any county
noxious weed control board or weed district to include a
noxious weed from the state board’s list in the county’s
noxious weed list:
(1) Where the state noxious weed control board receives
a petition from at least one hundred registered voters within
the county requesting that the weed be listed.
(2) Where the state noxious weed control board receives
a request for inclusion from an adjacent county’s noxious
weed control board or weed district, which the adjacent
board or district has included that weed in its county list, and
the adjacent board or weed district alleges that its noxious
weed control program is being hampered by the failure to
include the weed on the county’s noxious weed list. [1997
c 353 § 12; 1987 c 438 § 10; 1969 ex.s. c 113 § 10.]
17.10.110 Regional noxious weed control board—
Creation. A regional noxious weed control board comprising the area of two or more counties may be created as
follows:
Either the county legislative authority, or the noxious
weed control board, or both, of two or more counties may,
upon a determination that the purpose of this chapter will be
served by the creation of a regional noxious weed control
board, adopt a resolution providing for a limited merger of
the functions of their respective counties noxious weed
control boards. The resolution becomes effective only when
a similar resolution is adopted by the other county or
counties comprising the proposed regional board. [1997 c
353 § 13; 1987 c 438 § 11; 1975 1st ex.s. c 13 § 6; 1969
ex.s. c 113 § 11.]
17.10.120 Regional noxious weed control board—
Members—Meetings—Quorum—Officers—Effect on
county boards. In any case where a regional noxious weed
control board is created, the county noxious weed control
boards comprising the regional board shall still remain in
existence and shall retain all powers and duties provided for
the boards under this chapter.
The regional noxious weed control board is comprised
of the voting members and the nonvoting members of the
component counties noxious weed control boards or county
[Title 17 RCW—page 11]
17.10.120
Title 17 RCW: Weeds, Rodents, and Pests
legislative authorities who shall, respectively, be the voting
and nonvoting members of the regional board: PROVIDED,
That each county shall have an equal number of voting
members. The board may appoint other nonvoting members
as deemed necessary. A majority of the voting members of
the board constitutes a quorum for the transaction of business and is necessary for any action taken by the board. The
board shall elect a chair from its members and other officers
as may be necessary. Members of the regional board serve
without salary but shall be compensated for actual and
necessary expenses incurred in the performance of their
official duties. [1997 c 353 § 14; 1987 c 438 § 12; 1969
ex.s. c 113 § 12.]
17.10.130 Regional noxious weed control board—
Powers and duties. The powers and duties of a regional
noxious weed control board are as follows:
(1) The regional board shall, within ninety days of the
adoption of the state noxious weed list from the state
noxious weed control board and following a hearing, select
those weeds from the state list that it finds necessary to be
controlled on a regional basis. The weeds thus selected shall
also be contained in the county noxious weed list of each
county in the region.
(2) The regional board shall take action as may be
necessary to coordinate the noxious weed control programs
of the region and adopt a regional plan for the control of
noxious weeds. [1997 c 353 § 15; 1987 c 438 § 13; 1969
ex.s. c 113 § 13.]
following the harvesting of trees for lumber. [1997 c 353 §
17; 1969 ex.s. c 113 § 14.]
17.10.145 State agencies’ duty to control spread of
noxious weeds. All state agencies shall control noxious
weeds on lands they own, lease, or otherwise control through
integrated pest management practices. Agencies shall
develop plans in cooperation with county noxious weed
control boards to control noxious weeds in accordance with
standards in this chapter. All state agencies’ lands must
comply with this chapter, regardless of noxious weed control
efforts on adjacent lands. [1997 c 353 § 18; 1995 c 374 §
75.]
Effective date—1995 c 374 §§ 69, 70, and 72-79: See note
following RCW 16.24.130.
17.10.134 Liability of county and regional noxious
weed control boards. Obligations or liabilities incurred by
any county or regional noxious weed control board or any
claims against a county or regional noxious weed control
board are governed by chapter 4.96 RCW or RCW 4.08.120:
PROVIDED, That individual members or employees of a
county noxious weed control board are personally immune
from civil liability for damages arising from actions performed within the scope of their official duties or employment. [1997 c 353 § 16; 1987 c 438 § 14.]
17.10.154 Owners’ agreements with county noxious
weed control boards—Terms—Enforcement. It is
recognized that the prevention, control, and eradication of
noxious weeds presents a problem for immediate as well as
for future action. It is further recognized that immediate
prevention, control, and eradication is practicable on some
lands and that prevention, control, and eradication on other
lands should be extended over a period of time. Therefore,
it is the intent of this chapter that county noxious weed
control boards may use their discretion and, by agreement
with the owners of land, may propose and accept plans for
prevention, control, and eradication that may be extended
over a period of years. The county noxious weed control
board may make an agreement with the owner of any parcel
of land by contract between the landowner and the respective
county noxious weed control board, and the board shall
enforce the terms of any agreement. The county noxious
weed control board may make any terms that will best serve
the interests of the owners of the parcel of land and the
common welfare that comply with this chapter. Agreements
made under this section must include at least a one thousand
foot buffer for all adjacent agricultural land uses. Noxious
weed control in this buffer must comply with RCW
17.10.140(1). [1997 c 353 § 19; 1987 c 438 § 16.]
17.10.140 Owner’s duty to control spread of
noxious weeds. (1) Except as is provided under subsection
(2) of this section, every owner shall perform or cause to be
performed those acts as may be necessary to:
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B
noxious weeds designated for control in that region within
and from the owner’s property; and
(c) Control and prevent the spread of all class B and
class C noxious weeds listed on the county weed list as
locally mandated control priorities within and from the
owner’s property.
(2) Forest lands classified under RCW 17.10.240(2), or
meeting the definition of forest lands contained in RCW
17.10.240, are subject to the requirements of subsection
(1)(a) and (b) of this section at all times. Forest lands are
subject to the requirements of subsection (1)(c) of this
section only within a one thousand foot buffer strip of
adjacent land uses. In addition, forest lands are subject to
subsection (1)(c) of this section for a single five-year period
17.10.160 Right of entry—Warrant for noxious
weed search—Civil liability—Penalty for preventing
entry. Any authorized agent or employee of the county
noxious weed control board or of the state noxious weed
control board or of the department of agriculture where not
otherwise proscribed by law may enter upon any property for
the purpose of administering this chapter and any power
exercisable pursuant thereto, including the taking of specimens of weeds, general inspection, and the performance of
eradication or control work. Prior to carrying out the
purpose for which the entry is made, the official making
such entry or someone in his or her behalf, shall make a
reasonable attempt to notify the owner of the property as to
the purpose and need for the entry.
(1) When there is probable cause to believe that there is
property within this state not otherwise exempt from process
or execution upon which noxious weeds are standing or
growing and the owner refuses permission to inspect the
property, a judge of the superior court or district court in the
county in which the property is located may, upon the
[Title 17 RCW—page 12]
(2002 Ed.)
Noxious Weeds—Control Boards
request of the county noxious weed control board or its
agent, issue a warrant directed to the board or agent authorizing the taking of specimens of weeds or other materials,
general inspection, and the performance of eradication or
control work.
(2) Application for issuance and execution and return of
the warrant authorized by this section shall be in accordance
with the applicable rules of the superior court or the district
courts.
(3) Nothing in this section requires the application for
and issuance of any warrant not otherwise required by law:
PROVIDED, That civil liability for negligence shall lie in
any case in which entry and any of the activities connected
therewith are not undertaken with reasonable care.
(4) Any person who improperly prevents or threatens to
prevent entry upon land as authorized in this section or any
person who interferes with the carrying out of this chapter
shall be upon conviction guilty of a misdemeanor. [1997 c
353 § 20; 1987 c 438 § 17; 1969 ex.s. c 113 § 16.]
17.10.170 Finding presence of noxious weeds—
Notice for failure of owner to control—Control by county
board—Liability of owner—Lien—Alternative. (1)
Whenever the county noxious weed control board finds that
noxious weeds are present on any parcel of land, and that
the owner is not taking prompt and sufficient action to
control the noxious weeds, pursuant to the provisions of
RCW 17.10.140, it shall notify the owner that a violation of
this chapter exists. The notice shall be in writing and sent
by certified mail, and shall identify the noxious weeds found
to be present, order prompt control action, and specify the
time, of at least ten days from issuance of the notice, within
which the prescribed action must be taken. Upon deposit of
the certified letter of notice, the noxious weed control
authority shall make an affidavit of mailing that is prima
facie evidence that proper notice was given. If seed or other
propagule dispersion is imminent, immediate control action
may be taken forty-eight hours following the time that
notification is reasonably expected to have been received by
the owner or agent by certified mail or personal service,
instead of ten days. If a landowner received a notice of
violation from the county noxious weed control board in a
prior growing season, removal or destruction of all above
ground plant parts may be required at the most effective
point in the growing season, as determined by the county
weed board, which may be before or after propagule
dispersion.
(2) The county noxious weed control board or its
authorized agents may issue a notice of civil infraction as
provided for in RCW 17.10.230, 17.10.310, and 17.10.350
to owners who do not take action to control noxious weeds
in accordance with the notice.
(3) If the owner does not take action to control the
noxious weeds in accordance with the notice, the county
board may control them, or cause their being controlled, at
the expense of the owner. The amount of the expense
constitutes a lien against the property and may be enforced
by proceedings on the lien except as provided for by RCW
79.44.060. The owner is liable for payment of the expense,
and nothing in this chapter shall be construed to prevent
collection of any judgment on account thereof by any means
(2002 Ed.)
17.10.160
available pursuant to law, in substitution for enforcement of
the lien. Necessary costs and expenses including reasonable
attorneys’ fees incurred by the county noxious weed control
board in carrying out this section may be recovered at the
same time as a part of the action filed under this section.
Funds received in payment for the expense of controlling
noxious weeds shall be transferred to the county noxious
weed control board to be expended as required to carry out
the purposes of this chapter.
(4) The county auditor shall record in his or her office
any lien created under this chapter, and any lien shall bear
interest at the rate of twelve percent per annum from the
date on which the county noxious weed control board
approves the amount expended in controlling the weeds.
(5) As an alternative to the enforcement of any lien
created under subsection (3) of this section, the county
legislative authority may by resolution or ordinance require
that each lien created be collected by the treasurer in the
same manner as a delinquent real property tax, if within
thirty days from the date the owner is sent notice of the lien,
including the amount thereof, the lien remains unpaid and an
appeal has not been made pursuant to RCW 17.10.180.
Liens treated as delinquent taxes bear interest at the rate of
twelve percent per annum and the interest accrues as of the
date notice of the lien is sent to the owner: PROVIDED,
That any collections for the lien shall not be considered as
tax. [1997 c 353 § 21; 1987 c 438 § 18; 1979 c 118 § 1;
1975 1st ex.s. c 13 § 8; 1974 ex.s. c 143 § 3; 1969 ex.s. c
113 § 17.]
17.10.180 Hearing on liability for expense of
control—Notice—Review. Any owner, upon request
pursuant to the rules and regulation of the county noxious
weed control board, is entitled to a hearing before the board
on any charge or cost for which the owner is alleged to be
liable pursuant to RCW 17.10.170 or 17.10.210. The board
shall send notice by certified mail within thirty days, to each
owner at the owner’s last known address, as to any charge
or cost and as to his or her right of a hearing. The hearing
shall be scheduled within forty-five days of notification.
Any determination or final action by the board is subject to
judicial review by a proceeding in the superior court in the
county in which the property is located, and the court has
original jurisdiction to determine any suit brought by the
owner to recover damages allegedly suffered on account of
control work negligently performed: PROVIDED, That no
stay or injunction shall lie to delay any control work
subsequent to notice given pursuant to RCW 17.10.160 or
pursuant to an order under RCW 17.10.210. [1997 c 353 §
22; 1987 c 438 § 19; 1969 ex.s. c 113 § 18.]
17.10.190 Notice and information as to noxious
weed control. Each activated county noxious weed control
board must publish annually, and at other times as may be
appropriate, in at least one newspaper of general circulation
within its area, a general notice. The notice shall direct
attention to the need for noxious weed control and give other
information concerning noxious weed control requirements
as may be appropriate, or indicate where such information
may be secured. In addition to the general notice required,
the county noxious weed control board may use any appro[Title 17 RCW—page 13]
17.10.190
Title 17 RCW: Weeds, Rodents, and Pests
priate media for the dissemination of information to the
public as may be calculated to bring the need for noxious
weed control to the attention of owners. The board may
consult with individual owners concerning their problems of
noxious weed control and may provide them with information and advice, including giving specific instructions and
methods when and how certain named weeds are to be
controlled. The methods may include some combination of
physical, mechanical, cultural, chemical, and/or biological
methods, including livestock. Publication of a notice as
required by this section is not a condition precedent to the
enforcement of this chapter. [1997 c 353 § 23; 1987 c 438
§ 20; 1975 1st ex.s. c 13 § 9; 1969 ex.s. c 113 § 19.]
17.10.201 Noxious weed control on federal and
tribal lands—State and county cooperation. (1) The state
noxious weed control board shall:
(a) Work with the various federal and tribal land
management agencies to coordinate state and federal noxious
weed control;
(b) Encourage the various federal and tribal land
management agencies to devote more time and resources to
noxious weed control; and
(c) Assist the various federal and tribal land management agencies by seeking adequate funding for noxious weed
control.
(2) County noxious weed control boards and weed
districts shall work with the various federal and tribal land
management agencies in each county in order to:
(a) Identify new noxious weed infestations;
(b) Outline and plan necessary noxious weed control
actions;
(c) Develop coordinated noxious weed control programs;
and
(d) Notify local federal and tribal agency land managers
of noxious weed infestations.
(3) The department of agriculture, county noxious weed
control boards, and weed districts are authorized to enter
federal lands, with the approval of the appropriate federal
agency, to survey for and control noxious weeds where
control measures of a type and extent required under this
chapter have not been taken.
(4) The department of agriculture, county noxious weed
control boards, and weed districts may bill the federal land
management agency that manages the land for all costs of
the noxious weed control performed on federal land. If not
paid by the federal agency that manages the land, the cost of
the noxious weed control on federal land may be paid from
any funds available to the county noxious weed control
board or weed district that performed the noxious weed
control. Alternatively, the costs of noxious weed control on
federal land may be paid from any funds specifically
appropriated to the department of agriculture for that
purpose.
(5) The department of agriculture, county noxious weed
control boards, and weed districts are authorized to enter into
any reasonable agreement with the appropriate authorities for
the control of noxious weeds on federal or tribal lands.
(6) The department of agriculture, county noxious weed
control boards, and weed districts shall consult with state
[Title 17 RCW—page 14]
agencies managing federal land concerning noxious weed
infestation and control programs. [1997 c 353 § 34.]
17.10.205 Control of noxious weeds in open areas.
Open areas subject to the spread of noxious weeds, including
but not limited to subdivisions, school grounds, playgrounds,
parks, and rights of way shall be subject to regulation by
activated county noxious weed control boards in the same
manner and to the same extent as is provided for all terrestrial and aquatic lands of the state. [1997 c 353 § 24; 1975 1st
ex.s. c 13 § 16.]
17.10.210 Quarantine of land—Order—Expense.
(1) Whenever the director, the county noxious weed control
board, or a weed district finds that a parcel of land is so
seriously infested with class A or class B noxious weeds that
control measures cannot be undertaken thereon without
quarantining the land and restricting or denying access
thereto or use thereof, the director, the county noxious weed
control board, or weed district, with the approval of the
director of the department of agriculture, may issue an order
for the quarantine and restriction or denial of access or use.
Upon issuance of the order, the director, the county noxious
weed control board, or the weed district shall commence
necessary control measures and may institute legal action for
the collection of costs for control work, which may include
attorneys’ fees and the costs of other appropriate actions.
(2) An order of quarantine shall be served, by any
method sufficient for the service of civil process, on all
persons known to qualify as owners of the land within the
meaning of this chapter.
(3) The director shall, with the advice of the state
noxious weed control board, determine how the expense of
control work undertaken pursuant to this section, and the
cost of any quarantine in connection therewith, is apportioned. [1997 c 353 § 25; 1987 c 438 § 22; 1969 ex.s. c 113
§ 21.]
17.10.230 Violations—Penalty. Any owner knowing
of the existence of any noxious weeds on the owner’s land
who fails to control such weeds in accordance with this
chapter and rules and regulations in force pursuant thereto;
or any person who enters upon any land in violation of an
order in force pursuant to RCW 17.10.210; or any person
who interferes with the carrying out of the provisions of this
chapter has committed a civil infraction. [1987 c 438 § 23;
1979 c 118 § 2; 1969 ex.s. c 113 § 23.]
17.10.235 Selling product, article, or feed containing
noxious weed seeds or toxic weeds—Penalty—Rules—
Inspections—Fees. (1) The director of agriculture shall
adopt, with the advice of the state noxious weed control
board, rules designating noxious weed seeds which shall be
controlled in products, screenings, or articles to prevent the
spread of noxious weeds. The rules shall identify the
products, screenings, and articles in which the seeds must be
controlled and the maximum amount of the seed to be
permitted in the product, screenings, or article to avoid a
hazard of spreading the noxious weed by seed from the
product, screenings, or article. The director shall also adopt,
with the advice of the state board, rules designating toxic
(2002 Ed.)
Noxious Weeds—Control Boards
weeds which shall be controlled in feed stuffs and screenings
to prevent injury to the animal that consumes the feed. The
rules shall identify the feed stuffs and screenings in which
the toxic weeds must be controlled and the maximum
amount of the toxic weed to be permitted in the feed. Rules
developed under this section shall identify ways that products, screenings, articles, or feed stuffs containing noxious
weed seeds or toxic weeds can be made available for
beneficial uses.
(2) Any person who knowingly or negligently sells or
otherwise distributes a product, article, screenings, or feed
stuff designated by rule containing noxious weed seeds or
toxic weeds designated for control by rule and in an amount
greater than the amount established by the director for the
seed or weed by rule is guilty of a misdemeanor.
(3) The department of agriculture shall, upon request of
the buyer, inspect products, screenings, articles, or feed
stuffs designated by rule and charge fees, in accordance with
chapter 22.09 RCW, to determine the presence of designated
noxious weed seeds or toxic weeds. [1997 c 353 § 26; 1987
c 438 § 30; 1979 c 118 § 4.]
17.10.240 Special assessments, appropriations for
noxious weed control—Assessment rates. (1) The activated county noxious weed control board of each county shall
annually submit a budget to the county legislative authority
for the operating cost of the county’s weed program for the
ensuing fiscal year: PROVIDED, That if the board finds the
budget approved by the legislative authority is insufficient
for an effective county noxious weed control program it shall
petition the county legislative authority to hold a hearing as
provided in RCW 17.10.890. Control of weeds is a benefit
to the lands within any such section. Funding for the budget
is derived from any or all of the following:
(a) The county legislative authority may, in lieu of a
tax, levy an assessment against the land for this purpose.
Prior to the levying of an assessment the county noxious
weed control board shall hold a public hearing at which it
will gather information to serve as a basis for classification
and then classify the lands into suitable classifications,
including but not limited to dry lands, range lands, irrigated
lands, nonuse lands, forest lands, or federal lands. The
board shall develop and forward to the county legislative
authority, as a proposed level of assessment for each class,
an amount as seems just. The assessment rate shall be either
uniform per acre in its respective class or a flat rate per
parcel rate plus a uniform rate per acre: PROVIDED, That
if no benefits are found to accrue to a class of land, a zero
assessment may be levied. The county legislative authority,
upon receipt of the proposed levels of assessment from the
board, after a hearing, shall accept or modify by resolution,
or refer back to the board for its reconsideration all or any
portion of the proposed levels of assessment. The amount
of the assessment constitutes a lien against the property.
The county legislative authority may by resolution or
ordinance require that notice of the lien be sent to each
owner of property for which the assessment has not been
paid by the date it was due and that each lien created be
collected by the treasurer in the same manner as delinquent
real property tax, if within thirty days from the date the
owner is sent notice of the lien, including the amount
(2002 Ed.)
17.10.235
thereof, the lien remains unpaid and an appeal has not been
made pursuant to RCW 17.10.180. Liens treated as delinquent taxes bear interest at the rate of twelve percent per
annum and the interest accrues as of the date notice of the
lien is sent to the owner: PROVIDED FURTHER, That any
collections for the lien shall not be considered as tax; or
(b) The county legislative authority may appropriate
money from the county general fund necessary for the
administration of the county noxious weed control program.
In addition the county legislative authority may make emergency appropriations as it deems necessary for the implementation of this chapter.
(2) Forest lands used solely for the planting, growing,
or harvesting of trees and which are typified, except during
a single period of five years following clear-cut logging, by
canopies so dense as to prohibit growth of an understory
may be subject to an annual noxious weed assessment levied
by a county legislative authority that does not exceed onetenth of the weighted average per acre noxious weed
assessment levied on all other lands in unincorporated areas
within the county that are subject to the weed assessment.
This assessment shall be computed in accordance with the
formula in subsection (3) of this section.
(3) The calculation of the "weighted average per acre
noxious weed assessment" is a ratio expressed as follows:
(a) The numerator is the total amount of funds estimated
to be collected from the per acre assessment on all lands
except (i) forest lands as identified in subsection (2) of this
section, (ii) lands exempt from the noxious weed assessment,
and (iii) lands located in an incorporated area.
(b) The denominator is the total acreage from which
funds in (a) of this subsection are collected. For lands of
less than one acre in size, the denominator calculation may
be based on the following assumptions: (i) Unimproved
lands are calculated as being one-half acre in size on the
average, and (ii) improved lands are calculated as being onethird acre in size on the average. The county legislative
authority may choose to calculate the denominator for lands
of less than one acre in size using other assumptions about
average parcel size based on local information.
(4) For those counties that levy a per parcel assessment
to help fund noxious weed control programs, the per parcel
assessment on forest lands as defined in subsection (2) of
this section shall not exceed one-tenth of the per parcel
assessment on nonforest lands. [1997 c 353 § 27; 1995 c
374 § 77; 1987 c 438 § 31; 1975 1st ex.s. c 13 § 10; 1969
ex.s. c 113 § 24.]
Effective date—1995 c 374 §§ 69, 70, and 72-79: See note
following RCW 16.24.130.
17.10.250 Applications for noxious weed control
funds. The legislative authority of any county with an
activated noxious weed control board or the board of any
weed district may apply to the director for noxious weed
control funds when informed by the director that funds are
available. Any applicant must employ adequate administrative personnel to supervise an effective weed control
program as determined by the director with advice from the
state noxious weed control board. The director with advice
from the state noxious weed control board shall adopt rules
on the distribution and use of noxious weed control account
[Title 17 RCW—page 15]
17.10.250
Title 17 RCW: Weeds, Rodents, and Pests
funds. [1997 c 353 § 28; 1987 c 438 § 32; 1975 1st ex.s. c
13 § 11; 1969 ex.s. c 113 § 25.]
17.10.260 Administrative powers to be exercised in
conformity with administrative procedure act—Use of
weed control substances subject to other acts. The
administrative powers granted under this chapter to the
director of the department of agriculture and to the state
noxious weed control board shall be exercised in conformity
with the provisions of the administrative procedure act, chapter 34.05 RCW, as now or hereafter amended. The use of
any substance to control noxious weeds shall be subject to
the provisions of the water pollution control act, chapter
90.48 RCW, as now or hereafter amended, the Washington
pesticide control act, chapter 15.58 RCW, and the Washington pesticide application act, chapter 17.21 RCW. [1987 c
438 § 33; 1969 ex.s. c 113 § 28.]
17.10.270 Noxious weed control boards—Authority
to obtain insurance or surety bonds. Each noxious weed
control board may obtain such insurance or surety bonds, or
both with such limits as they may deem reasonable for the
purpose of protecting their officials and employees against
liability for personal or bodily injuries and property damage
arising from their acts or omissions while performing or in
good faith purporting to perform their official duties. [1987
c 438 § 34; 1974 ex.s. c 143 § 5.]
17.10.280 Lien for labor, material, equipment used
in controlling noxious weeds. Every activated county
noxious weed control board performing labor, furnishing
material, or renting, leasing or otherwise supplying equipment, to be used in the control of noxious weeds, or in
causing control of noxious weeds, upon any property
pursuant to the provisions of chapter 17.10 RCW has a lien
upon such property for the labor performed, material
furnished, or equipment supplied whether performed,
furnished, or supplied with the consent of the owner, or his
agent, of such property, or without the consent of said owner
or agent. [1987 c 438 § 35; 1975 1st ex.s. c 13 § 13.]
17.10.290 Lien for labor, material, equipment used
in controlling noxious weeds—Notice of lien. Every
county noxious weed control board furnishing labor, materials, or supplies or renting, leasing, or otherwise supplying
equipment to be used in the control of noxious weeds upon
any property pursuant to RCW 17.10.160 and 17.10.170 or
pursuant to an order under RCW 17.10.210 as now or hereafter amended, shall give to the owner or reputed owner or
his agent a notice in writing, within ninety days from the
date of the cessation of the performance of such labor, the
furnishing of such materials, or the supplying of such
equipment, which notice shall cover the labor, material,
supplies, or equipment furnished or leased, as well as all
subsequent labor, materials, supplies, or equipment furnished
or leased, stating in substance and effect that such county
noxious weed control board is furnishing or has furnished
labor, materials and supplies or equipment for use thereon,
with the name of the county noxious weed control board ordering the same, and that a lien may be claimed for all
materials and supplies or equipment furnished by such
[Title 17 RCW—page 16]
county noxious weed control board for use thereon, which
notice shall be given by mailing the same by registered or
certified mail in an envelope addressed to the owner at his
place of residence or reputed residence. [1987 c 438 § 36;
1975 1st ex.s. c 13 § 14.]
17.10.300 Lien for labor, material, equipment used
in controlling noxious weeds—Claim—Filing—Contents.
No lien created by RCW 17.10.280 exists, and no action to
enforce the same shall be maintained, unless within ninety
days from the date of cessation of the performance of the
labor, furnishing of materials, or the supplying of equipment,
a claim for the lien is filed for record as provided in this
section, in the office of the county auditor of the county in
which the property, or some part of the property to be
affected by the claim for a lien, is situated. The claim shall
state, as nearly as may be, the time of the commencement
and cessation of performing the labor, furnishing the
material, or supplying the equipment, the name of the county
noxious weed control board that performed the labor or
caused the labor to be performed, furnished the material, or
supplied the equipment, a description of the property to be
charged with the lien sufficient for identification, the name
of the owner, or reputed owner if known, or his or her agent,
and if the owner is not known, that fact shall be mentioned,
the amount for which the lien is claimed, and shall be signed
by the county noxious weed control board, and be verified
by the oath of the county noxious weed control board, to the
effect that the affiant believes that claim to be just; and the
claim of lien may be amended in case of action brought to
foreclose the same, by order of the court, as pleadings may
be, insofar as the interest of third parties shall not be
affected by such an amendment. [1997 c 353 § 29; 1975 1st
ex.s. c 13 § 15.]
17.10.310 Notice of infraction—Issuance. The
county noxious weed control board may issue a notice of
civil infraction if after investigation it has reasonable cause
to believe an infraction has been committed. A civil
infraction may be issued pursuant to RCW 7.80.005,
7.80.070 through 7.80.110, 7.80.120 (3) and (4), and
7.80.130 through 7.80.900. [1997 c 353 § 30; 1987 c 438 §
24.]
17.10.350 Infraction—Penalty. Any person found to
have committed a civil infraction under this chapter shall be
assessed a monetary penalty not to exceed one thousand
dollars. The state noxious weed control board shall adopt a
schedule of monetary penalties for each violation of this
chapter classified as a civil infraction and submit the
schedule to the appropriate court. If a monetary penalty is
imposed by the court, the penalty is immediately due and
payable. The court may, at its discretion, grant an extension
of time, not to exceed thirty days, in which the penalty must
be paid. Failure to pay any monetary penalties imposed
under this chapter is punishable as a misdemeanor. [1997 c
353 § 31; 1987 c 438 § 28.]
17.10.890 Deactivation of county noxious weed
control board—Hearing. The following procedures shall
(2002 Ed.)
Noxious Weeds—Control Boards
be followed to deactivate a county noxious weed control
board:
(1) The county legislative authority holds a hearing to
determine whether there continues to be a need for an
activated county noxious weed control board if:
(a) A petition is filed by one hundred registered voters
within the county;
(b) A petition is filed by a county noxious weed control
board as provided in RCW 17.10.240; or
(c) The county legislative authority passes a motion to
hold such a hearing.
(2) Except as provided in subsection (4) of this section,
the hearing shall be held within sixty days of final action
taken under subsection (1) of this section.
(3) If, after a hearing, the county legislative authority
determines that no need exists for a county noxious weed
control board, due to the absence of class A or class B
noxious weeds designated for control in the region, the
county legislative authority shall deactivate the board.
(4) The county legislative authority shall not convene a
hearing as provided for in subsection (1) of this section more
frequently than once a year. [1997 c 353 § 32; 1987 c 438
§ 37.]
17.10.900 Weed districts—Continuation—
Dissolution—Transfer of assessment funds. Any weed
district formed under chapter 17.04 or 17.06 RCW prior to
the enactment of this chapter, continues to operate under the
provisions of the chapter under which it was formed:
PROVIDED, That if ten percent of the landowners subject
to any such weed district, and the county noxious weed
control board upon its own motion, petition the county
legislative authority for a dissolution of the weed district, the
county legislative authority shall provide for an election to
be conducted in the same manner as required for the election
of directors under the provisions of chapter 17.04 RCW, to
determine by majority vote of those casting votes, if the
weed district will continue to operate under the chapter it
was formed. The land area of any dissolved weed district
becomes subject to the provisions of this chapter. Any
district assessment funds may be transferred after the
dissolution election under contract to the county noxious
weed control board to fund the noxious weed control
program. [1997 c 353 § 33; 1987 c 438 § 38; 1975 1st ex.s.
c 13 § 12; 1969 ex.s. c 113 § 26.]
17.10.910 Severability—1969 ex.s. c 113. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of this act, or the
application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 113 § 27.]
Chapter 17.12
AGRICULTURAL PEST DISTRICTS
Sections
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
(2002 Ed.)
Pest districts authorized.
Petition—Notice—Hearing.
Determination—Boundaries of district.
Designation of district.
Treasurer—Tax levies.
17.12.060
17.12.080
17.12.100
17.10.890
Supervision of the district.
Levies on state and county lands—Levies on state lands to
be added to rental or purchase price.
Limit of indebtedness.
17.12.010 Pest districts authorized. For the purpose
of destroying or exterminating squirrels, prairie dogs,
gophers, moles or other rodents, or of rabbits or any predatory animals that destroy or interfere with the crops, fruit trees,
shrubs, valuable plants, fodder, seeds or other agricultural
plants or products, thing or pest injurious to any agricultural
plant or product, or to prevent the introduction, propagation,
growth or increase in number of any of the above described
animals, or rodents, the board of county commissioners of
any county may create a pest district or pest districts within
such county and may enlarge any district containing a lesser
territory than the whole county, or reduce any district already
created, or combine or consolidate districts or divide, or
create new districts from time to time in the manner hereinafter set forth. [1919 c 152 § 1; RRS § 2801.]
17.12.020 Petition—Notice—Hearing. Whenever ten
or more resident freeholders in any county petition the board
of county commissioners, asking that their lands be included,
either separately or with other lands designated in the
petition in a district to be formed for the purpose of preventing, destroying, or exterminating any of the animals, rodents
or other such things described in RCW 17.12.010, or that
such lands be included within a district already formed by
the enlargement of such district, or a new district or districts
be formed out of a district or districts then in existence or
out of territory partly in districts already formed and not
included in any district, and such petition indicating the
boundaries of such proposed district, whether all or any part
of such county, and stating the purpose of such district, the
board shall fix a time for the hearing of such petition and
shall give at least thirty days notice of the time and place of
such hearing by posting copies of such notice of the time
and place of such hearing in three conspicuous places within
the proposed district and posting one copy of such notice at
the court house or place of business of the board, and also
by mailing to each freeholder within the proposed district a
copy of such notice, to his last known residence, if known,
and if not known to the clerk of such board, then and in that
event the posting shall be deemed sufficient: PROVIDED,
HOWEVER, If the board shall deem it impractical to mail
notices to each freeholder, within the proposed district, or if
the post office address of all the freeholders are not known,
then in that event when recited in a resolution adopted by
the board, the notice in addition to posting, shall be published once a week for three successive weeks in the county
official paper if there is such, and if there be no official
paper, then in some paper published in said county, and if
there be no paper published in said county, then in some
paper of general circulation within the proposed district. The
persons in whose name the property is assessed shall be
deemed the owners thereof for the purpose of notice as
herein required: PROVIDED, HOWEVER, That for lands
belonging to the state, the commissioner of public lands shall
be notified, and for lands belonging to the county, the county
auditor shall be notified, and if such lands are under lease or
conditional sale the lessee or purchaser shall also be notified
[Title 17 RCW—page 17]
17.12.020
Title 17 RCW: Weeds, Rodents, and Pests
in the manner above provided. Any person interested may
appear at the time of such hearing and may under such rules
and regulations as the board may prescribe give his or her
reasons for or objections to the creation of such a district.
[1919 c 152 § 2; RRS § 2802.]
17.12.030 Determination—Boundaries of district.
Upon the hearing of such petition the board shall determine
whether such a district shall be created and shall fix the
boundaries thereof, but shall not enlarge the boundaries of
proposed districts or enlarge or change the boundary or
boundaries of any district or districts already formed without
first giving the notice to all parties interested as provided in
RCW 17.12.020. [1919 c 152 § 3; RRS § 2803.]
17.12.040 Designation of district. If the board shall
deem the interests of the county or of any particular section
thereof will be benefited by the creation of such a district or
districts, or the changing thereof, it shall make a record
thereof upon the minutes of the board and shall designate
such territory in each such district as "Pest District . . . . . .
for . . . . . . County". [1919 c 152 § 4; RRS § 2804.]
17.12.050 Treasurer—Tax levies. The county
treasurer shall be ex officio treasurer for each of such
districts so formed and the county assessor and other county
officers shall take notice of the formation of such district or
districts and shall be governed thereby according to the
provisions of this chapter. The assessment or the tax levies
as hereinafter provided for shall be extended on the tax rolls
against the property liable therefor the same as other
assessments or taxes are extended, and shall become a part
of the general tax against such property and be collected and
accounted for the same as other taxes are, with the terms and
penalties attached thereto. The moneys so collected shall be
held and disbursed as a special fund for such district and
shall be paid out only on warrant issued by the county
auditor upon voucher approved by the board of county
commissioners. [1919 c 152 § 5; RRS § 2805.]
17.12.060 Supervision of the district. The agricultural expert in counties having an agricultural expert, shall
under the direction of Washington State University have
general supervision of the methods and means of preventing,
destroying or exterminating any animals or rodents as herein
mentioned within his county, and of how the funds of any
pest district shall be expended to best accomplish the
purposes for which such funds were raised; in counties
having no such agricultural expert each county commissioner
shall be within his respective commissioner district, ex
officio supervisor, or the board may designate some such
person to so act, and shall fix his compensation therefor.
Whenever any member of the board shall act as supervisor
he shall be entitled to his actual expenses and his per diem
as county commissioner the same as if he were doing other
county business. [1977 ex.s. c 169 § 4; 1919 c 152 § 6;
RRS § 2806.]
Reviser’s note: The law authorizing the employment of agricultural
experts was 1913 c 18 as amended by 1919 c 193 but since repealed by
1949 c 181 which authorizes cooperative extension work in agriculture and
home economics. See RCW 36.50.010.
[Title 17 RCW—page 18]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
17.12.080 Levies on state and county lands—Levies
on state lands to be added to rental or purchase price.
Whenever there shall be included within any pest district
lands belonging to the state or to the county the board of
county commissioners shall determine the amount of the tax
or assessment for which such land would be liable if the
same were in private ownership for each subdivision of forty
acres or fraction thereof. The assessor shall transmit to the
county commissioners a statement of the amounts so due
from county lands and the county commissioners shall
appropriate from the current expense fund of the county
sufficient money to pay such amounts. A statement of the
amounts due from state lands within each county shall be
annually forwarded to the commissioner of public lands who
shall examine the same and if he finds the same correct and
that the determination was made according to law, he shall
certify the same and issue a warrant for the payment of same
against any funds in the state treasury appropriated for such
purposes.
The commissioner of public lands shall keep a record of
the amounts so paid on account of any state lands which are
under lease or contract of sale and such amounts shall be
added to and become a part of the annual rental or purchase
price of the land, and shall be paid annually at the time of
payment of rent or payment of interest or purchase price of
such land. When such amounts shall be collected by the
commissioner of public lands it shall be paid into the general
fund in the state treasury. [1973 c 106 § 11; 1919 c 152 §
8; RRS § 2808. Formerly RCW 17.12.080 and 17.12.090.]
17.12.100 Limit of indebtedness. No district shall be
permitted to contract obligations in excess of the estimated
revenues for the two years next succeeding the incoming
[incurring] of such indebtedness and it shall be unlawful for
the county commissioners to approve of any bills which will
exceed the revenue to any district which shall be estimated
to be received by such district during the next two years.
[1919 c 152 § 9; RRS § 2809.]
County budget as limitation on incurring liability: RCW 36.40.100.
Chapter 17.15
INTEGRATED PEST MANAGEMENT
Sections
17.15.005
17.15.010
17.15.020
17.15.030
17.15.040
Legislative declaration.
Definitions.
Implementation of integrated pest management practices.
Integrated pest management training—Designated coordinator—Representation on interagency coordinating committee.
Interagency integrated pest management coordinating committee—Creation—Composition—Duties—Public notice—Progress reports.
17.15.005 Legislative declaration. The legislature
declares that it is the policy of the state of Washington to
require all state agencies that have pest control responsibilities to follow the principles of integrated pest management.
[1997 c 357 § 1.]
(2002 Ed.)
Integrated Pest Management
17.15.010
17.15.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Integrated pest management" means a coordinated
decision-making and action process that uses the most
appropriate pest control methods and strategy in an environmentally and economically sound manner to meet agency
programmatic pest management objectives. The elements of
integrated pest management include:
(a) Preventing pest problems;
(b) Monitoring for the presence of pests and pest
damage;
(c) Establishing the density of the pest population, that
may be set at zero, that can be tolerated or correlated with
a damage level sufficient to warrant treatment of the problem
based on health, public safety, economic, or aesthetic
thresholds;
(d) Treating pest problems to reduce populations below
those levels established by damage thresholds using strategies that may include biological, cultural, mechanical, and
chemical control methods and that must consider human
health, ecological impact, feasibility, and cost-effectiveness;
and
(e) Evaluating the effects and efficacy of pest treatments.
(2) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed, and any form of plant
or animal life or virus, except virus, bacteria, or other
microorganisms on or in a living person or other animal or
in or on processed food or beverages or pharmaceuticals,
which is normally considered to be a pest, or which the
director of the department of agriculture may declare to be
a pest. [1997 c 357 § 2.]
(2) A state agency or institution listed in RCW
17.15.020 shall designate an integrated pest management
coordinator and the department of labor and industries and
the office of the superintendent of public instruction shall
each designate one representative to serve on the committee
established in RCW 17.15.040. [1997 c 357 § 4.]
17.15.020 Implementation of integrated pest
management practices. Each of the following state
agencies or institutions shall implement integrated pest
management practices when carrying out the agency’s or
institution’s duties related to pest control:
(1) The department of agriculture;
(2) The state noxious weed control board;
(3) The department of ecology;
(4) The department of fish and wildlife;
(5) The department of transportation;
(6) The parks and recreation commission;
(7) The department of natural resources;
(8) The department of corrections;
(9) The department of general administration; and
(10) Each state institution of higher education, for the
institution’s own building and grounds maintenance. [1997
c 357 § 3.]
Chapter 17.21
WASHINGTON PESTICIDE APPLICATION ACT
17.15.030 Integrated pest management training—
Designated coordinator—Representation on interagency
coordinating committee. (1) A state agency or institution
listed in RCW 17.15.020 shall provide integrated pest
management training for employees responsible for pest
management. The training programs shall be developed in
cooperation with the interagency integrated pest management
coordinating committee created under RCW 17.15.040.
(2002 Ed.)
17.15.040 Interagency integrated pest management
coordinating committee—Creation—Composition—
Duties—Public notice—Progress reports. (1) The interagency integrated pest management coordinating committee
is created. The committee is composed of the integrated
pest management coordinator from each agency or institution
listed under RCW 17.15.020 and the representatives designated under RCW 17.15.030. The coordinator from the
department of agriculture shall serve as chair of the committee.
(2) The interagency integrated pest management
coordinating committee shall share information among the
state agencies and institutions and facilitate interagency
coordination.
(3) The interagency integrated pest management
coordinating committee shall meet at least two times a year.
All meetings of the committee must be open to the public.
The committee shall give public notice of each meeting.
(4) By November 30th of each odd-numbered year up
to and including November 30th, 2001, the department of
agriculture, with the advice of the interagency integrated pest
management coordinating committee, shall prepare a report
on the progress of integrated pest management programs.
The report is to be made available through the state library
and placed on the legislative alert list. [1997 c 357 § 5.]
Sections
17.21.010
17.21.020
17.21.030
17.21.040
17.21.050
17.21.060
17.21.065
17.21.070
17.21.080
17.21.091
17.21.100
17.21.110
17.21.122
17.21.126
17.21.128
17.21.129
17.21.130
17.21.132
17.21.134
17.21.140
17.21.150
17.21.160
17.21.170
Declaration of police power and purpose.
Definitions.
Director’s authority—Rules.
Rules subject to administrative procedure act.
Hearings—Administrative procedure act.
Subpoenas—Witness fees.
Classification of licenses.
Commercial pesticide applicator license—Requirements.
Commercial pesticide applicator license—Application—
Form.
Commercial pesticide applicator license—Persons who may
apply under license authority.
Recordkeeping by licensees and agricultural users.
Commercial pesticide operator license—Requirements.
Private-commercial pesticide applicator license—
Requirements.
Private pesticide applicators—Requirements.
Renewal of certificate or license—Recertification standards.
Demonstration and research license—Requirements.
Revocation, suspension, or denial.
License, certification—Applications.
Licenses—Examination requirements.
Renewal—Delinquency.
Violation of chapter—Unlawful acts.
Commercial pesticide applicator license—Financial responsibility.
Commercial pesticide applicator license—Amount of bond
or insurance required—Notice of reduction or
cancellation by surety or insurer.
[Title 17 RCW—page 19]
Chapter 17.21
17.21.180
17.21.187
17.21.190
17.21.200
17.21.203
17.21.220
17.21.230
17.21.240
17.21.250
17.21.260
17.21.270
17.21.280
17.21.290
17.21.300
17.21.305
17.21.310
17.21.315
17.21.320
17.21.340
17.21.350
17.21.400
17.21.410
17.21.415
17.21.420
17.21.430
17.21.440
17.21.900
17.21.920
17.21.930
17.21.931
17.21.932
17.21.933
Title 17 RCW: Weeds, Rodents, and Pests
Commercial pesticide applicator license—Suspension of
license for failure to meet financial responsibility criteria.
Limited private applicator and rancher private applicator—
Purpose—Pilot project—Definitions—Application for
license.
Damages due to use or application of pesticide—Report of
loss required.
Commercial pesticide applicator license—Exemptions.
Government research personnel—Requirements.
Application of chapter to governmental entities—Public
operator license required—Exemption—Liability.
Pesticide advisory board.
Pesticide advisory board—Vacancies.
Pesticide advisory board—Duties.
Pesticide advisory board—Officers, meetings.
Pesticide advisory board—Travel expenses.
Disposition of revenue, enforcement of chapter—District
court fees, fines, penalties and forfeitures.
Pesticide application apparatuses—License plate as identification.
Agreements with other governmental entities.
Licensing by cities of first class and counties.
General penalty.
Civil penalty for failure to comply with chapter.
Access to public or private premises—Search warrants—
Prosecuting attorney’s duties—Injunctions.
Violation of chapter—Remedies.
Report to legislature.
Landscape or right of way applications—Notice.
Landscape applications—Marking of property, posting requirements.
Schools—Policies and methods—Notification—Records—
Liability.
Pesticide-sensitive individuals—List procedure.
Pesticide-sensitive individuals—Notification.
Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with
department of labor and industries.
Preexisting liabilities not affected.
Short title.
Severability—1961 c 249.
Severability—1967 c 177.
Severability—1979 c 92.
Severability—1989 c 380.
17.21.010 Declaration of police power and purpose.
The application and the control of the use of various
pesticides is important and vital to the maintenance of a high
level of public health and welfare both immediate and future,
and is hereby declared to be affected with the public interest.
The provisions of this chapter are enacted in the exercise of
the police power of the state for the purpose of protecting
the immediate and future health and welfare of the people of
the state. [1967 c 177 § 1; 1961 c 249 § 1.]
Washington pesticide control act: Chapter 15.58 RCW.
17.21.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural commodity" means any plant or part
of a plant, or animal, or animal product, produced by a
person (including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other
use by people or animals.
(2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government[Title 17 RCW—page 20]
recognized conservation reserve program. This definition
does not apply to private gardens where agricultural commodities are produced for personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is
used for the control of microbial pests, including but not
limited to viruses, bacteria, algae, and protozoa, and is
intended for use as a disinfectant or sanitizer.
(4) "Apparatus" means any type of ground, water, or
aerial equipment, device, or contrivance using motorized,
mechanical, or pressurized power and used to apply any
pesticide on land and anything that may be growing,
habitating, or stored on or in such land, but shall not include
any pressurized handsized household device used to apply
any pesticide, or any equipment, device, or contrivance of
which the person who is applying the pesticide is the source
of power or energy in making such pesticide application, or
any other small equipment, device, or contrivance that is
transported in a piece of equipment licensed under this
chapter as an apparatus.
(5) "Arthropod" means any invertebrate animal that
belongs to the phylum arthropoda, which in addition to
insects, includes allied classes whose members are wingless
and usually have more than six legs; for example, spiders,
mites, ticks, centipedes, and isopod crustaceans.
(6) "Certified applicator" means any individual who is
licensed as a commercial pesticide applicator, commercial
pesticide operator, public operator, private-commercial
applicator, demonstration and research applicator, or certified
private applicator, or any other individual who is certified by
the director to use or supervise the use of any pesticide
which is classified by the EPA or the director as a restricted
use pesticide.
(7) "Commercial pesticide applicator" means any person
who engages in the business of applying pesticides to the
land of another.
(8) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be
licensed under provisions of this chapter.
(9) "Defoliant" means any substance or mixture of
substances intended to cause the leaves or foliage to drop
from a plant with or without causing abscission.
(10) "Department" means the Washington state department of agriculture.
(11) "Desiccant" means any substance or mixture of
substances intended to artificially accelerate the drying of
plant tissues.
(12) "Device" means any instrument or contrivance
intended to trap, destroy, control, repel, or mitigate pests, but
not including equipment used for the application of pesticides when sold separately from the pesticides.
(13) "Direct supervision" by certified private applicators
shall mean that the designated restricted use pesticide shall
be applied for purposes of producing any agricultural
commodity on land owned or rented by the applicator or the
applicator’s employer, by a competent person acting under
the instructions and control of a certified private applicator
who is available if and when needed, even though such
certified private applicator is not physically present at the
time and place the pesticide is applied. The certified private
applicator shall have direct management responsibility and
familiarity of the pesticide, manner of application, pest, and
(2002 Ed.)
Washington Pesticide Application Act
land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job
supervision and shall require that the certified applicator be
physically present at the application site and that the person
making the application be in voice and visual contact with
the certified applicator at all times during the application.
However, direct supervision for forest application does not
require constant voice and visual contact when general use
pesticides are applied using nonapparatus type equipment,
the certified applicator is physically present and readily
available in the immediate application area, and the certified
applicator directly observes pesticide mixing and batching.
Direct supervision of an aerial apparatus means the pilot of
the aircraft must be appropriately certified.
(14) "Director" means the director of the department or
a duly authorized representative.
(15) "Engage in business" means any application of
pesticides by any person upon lands or crops of another.
(16) "EPA" means the United States environmental
protection agency.
(17) "EPA restricted use pesticide" means any pesticide
classified for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide
and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec.
136 et seq.).
(19) "Forest application" means the application of
pesticides to agricultural land used to grow trees for the
commercial production of wood or wood fiber for products
such as dimensional lumber, shakes, plywood, poles, posts,
pilings, particle board, hardboard, oriented strand board,
pulp, paper, cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or
combination of products that is a vapor or gas or forms a
vapor or gas on application and whose method of pesticidal
action is through the gaseous state.
(21) "Fungi" means all nonchlorophyll-bearing
thallophytes (all nonchlorophyll-bearing plants of lower order
than mosses and liverworts); for example, rusts, smuts,
mildews, molds, and yeasts, except those on or in a living
person or other animals.
(22) "Fungicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any fungi.
(23) "Herbicide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any weed or other higher plant.
(24) "Immediate service call" means a landscape
application to satisfy an emergency customer request for
service, or a treatment to control a pest to landscape plants.
(25) "Insect" means any small invertebrate animal, in
any life stage, whose adult form is segmented and which
generally belongs to the class insecta, comprised of sixlegged, usually winged forms, as, for example, beetles, bugs,
bees, and flies. The term insect shall also apply to other
allied classes of arthropods whose members are wingless and
usually have more than six legs, for example, spiders, mites,
ticks, centipedes, and isopod crustaceans.
(26) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
any insect.
(27) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings,
(2002 Ed.)
17.21.020
devices, and contrivances, appurtenant to or situated on,
fixed or mobile, including any used for transportation.
(28) "Landscape application" means an application of
any EPA registered pesticide to any exterior landscape area
around residential property, commercial properties such as
apartments or shopping centers, parks, golf courses, schools
including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a)
Applications made by certified private applicators; (b)
mosquito abatement, gypsy moth eradication, or similar
wide-area pest control programs sponsored by governmental
entities; and (c) commercial pesticide applicators making
structural applications.
(29) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(30) "Nematode" means any invertebrate animal of the
phylum nemathelminthes and class nematoda, that is,
unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water,
plants or plant parts. Nematodes may also be called nemas
or eelworms.
(31) "Person" means any individual, partnership,
association, corporation, or organized group of persons
whether or not incorporated.
(32) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed, and any form of plant
or animal life or virus, except virus, bacteria, or other
microorganisms on or in a living person or other animal or
in or on processed food or beverages or pharmaceuticals,
which is normally considered to be a pest, or which the
director may declare to be a pest.
(33) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any pest;
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant, such as a wetting agent,
spreading agent, deposit builder, adhesive, emulsifying agent,
deflocculating agent, water modifier, or similar agent with or
without toxic properties of its own intended to be used with
any pesticide as an aid to the application or effect thereof,
and sold in a package or container separate from that of the
pesticide with which it is to be used.
(34) "Pesticide advisory board" means the pesticide
advisory board as provided for in this chapter.
(35) "Plant regulator" means any substance or mixture
of substances intended through physiological action, to
accelerate or retard the rate of growth or maturation, or to
otherwise alter the behavior of ornamental or crop plants or
their produce, but shall not include substances insofar as they
are intended to be used as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, or soil amendments.
(36) "Private applicator" means a certified applicator
who uses or is in direct supervision of the use of any
pesticide classified by the EPA or the director as a restricted
use pesticide, for the purposes of producing any agricultural
commodity and for any associated noncrop application on
land owned or rented by the applicator or the applicator’s
employer or if applied without compensation other than
trading of personal services between producers of agricultural commodities on the land of another person.
[Title 17 RCW—page 21]
17.21.020
Title 17 RCW: Weeds, Rodents, and Pests
(37) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide
classified by the EPA or the director as a restricted use
pesticide for purposes other than the production of any
agricultural commodity on lands owned or rented by the
applicator or the applicator’s employer.
(38) "Residential property" includes property less than
one acre in size zoned as residential by a city, town, or
county, but does not include property zoned as agricultural
or agricultural homesites.
(39) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with
a widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse
effects on the environment including people, lands, beneficial
insects, animals, crops, and wildlife, other than pests.
(40) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director
may declare by rule to be a pest.
(41) "School facility" means any facility used for
licensed day care center purposes or for the purposes of a
public kindergarten or public elementary or secondary
school. School facility includes the buildings or structures,
playgrounds, landscape areas, athletic fields, school vehicles,
or any other area of school property.
(42) "Snails or slugs" include all harmful mollusks.
(43) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment
taking into account the economic, social, and environmental
costs and benefits of the use of any pesticide, or as otherwise determined by the director.
(44) "Weed" means any plant which grows where it is
not wanted. [2002 c 122 § 2; (2002 c 122 § 1 expired July
1, 2002); 2001 c 333 § 1; 1994 c 283 § 1; 1992 c 176 § 1;
1989 c 380 § 33; 1979 c 92 § 1; 1971 ex.s. c 191 § 1; 1967
c 177 § 2; 1961 c 249 § 2.]
Effective dates—2002 c 122: "(1) Section 1 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [March 26, 2002].
(2) Section 2 of this act takes effect July 1, 2002." [2002 c 122 § 3.]
Expiration date—2002 c 122 § 1: "Section 1 of this act expires July
1, 2002." [2002 c 122 § 4.]
Effective date—2001 c 333: "Except for *section 7 of this act, this
act takes effect July 1, 2002." [2001 c 333 § 6.]
*Reviser’s note: Section 7 of this act was vetoed.
17.21.030 Director’s authority—Rules. The director
shall administer and enforce the provisions of this chapter
and rules adopted under this chapter.
(1) The director may adopt rules:
(a) Governing the loading, mixing, application and use,
or prohibiting the loading, mixing, application, or use of any
pesticide;
(b) Governing the time when, and the conditions under
which restricted use pesticides shall or shall not be used in
different areas as prescribed by the director in the state;
(c) Providing that any or all restricted use pesticides
shall be purchased, possessed or used only under permit of
the director and under the director’s direct supervision in
[Title 17 RCW—page 22]
certain areas and/or under certain conditions or in certain
quantities of concentrations; however, any person licensed to
sell such pesticides may purchase and possess such pesticides without a permit;
(d) Establishing recordkeeping requirements for licensees, permittees, and certified applicators;
(e) Fixing and collecting examination fees and fees for
recertification course sponsorship;
(f) Establishing testing procedures, licensing classifications, and requirements for licenses and permits, and criteria
for assigning recertification credit to and procedures for
department approval of courses as provided by this chapter;
(g) Concerning training by employers for employees
who mix and load pesticides;
(h) Concerning minimum performance standards for
spray boom and nozzles used in pesticide applications to
minimize spray drift and establishing a list of approved spray
nozzles that meet these standards; and
(i) Fixing and collecting permit fees.
(2) The director may adopt any other rules necessary to
carry out the purpose and provisions of this chapter. [1994
c 283 § 2; 1989 c 380 § 34; 1987 c 45 § 26; 1979 c 92 § 2;
1961 c 249 § 3.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
17.21.040 Rules subject to administrative procedure
act. All rules adopted under the provisions of this chapter
shall be subject to the provisions of chapter 34.05 RCW as
enacted or hereafter amended, concerning the adoption of
rules. [1989 c 380 § 35; 1961 c 249 § 4.]
17.21.050 Hearings—Administrative procedure act.
All hearings for the imposition of a civil penalty and/or the
suspension, denial, or revocation of a license, certification,
or permit issued under the provisions of this chapter shall be
subject to the provisions of chapter 34.05 RCW concerning
adjudicative proceedings. [1994 c 283 § 3. Prior: 1989 c
380 § 36; 1989 c 175 § 58; 1985 c 158 § 4; 1961 c 249 §
5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
17.21.060 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/or production of books, documents, and records anywhere in the state in any hearing affecting the authority or
privilege granted by a license, certification, or permit issued
under the provisions of this chapter. Witnesses shall be
entitled to fees for attendance and travel as provided for in
chapter 2.40 RCW as enacted or hereafter amended. [1994
c 283 § 4; 1961 c 249 § 6.]
17.21.065 Classification of licenses. The director
may classify licenses to be issued under the provisions of
this chapter. These classifications may include but are not
limited to pest control operators, ornamental sprayers,
agricultural crop sprayers or right of way sprayers; separate
classifications may be specified as to ground, aerial, or
manual methods used by any licensee to apply pesticides.
Each such classification shall be subject to separate
testing procedures and requirements. No person shall be
(2002 Ed.)
Washington Pesticide Application Act
required to pay an additional license fee if such person
desires to be licensed in one or all of the license classifications provided for by the director under the authority of
this section, except as provided for in RCW 17.21.110.
[1994 c 283 § 5; 1967 c 177 § 17.]
17.21.070 Commercial pesticide applicator license—
Requirements. It shall be unlawful for any person to
engage in the business of applying pesticides to the land of
another without a commercial pesticide applicator license.
Application for a commercial applicator license shall be
accompanied by a fee of one hundred seventy dollars and in
addition a fee of twenty dollars for each apparatus, exclusive
of one, used by the applicant in the application of pesticides:
PROVIDED, That the provisions of this section shall not
apply to any person employed only to operate any apparatus
used for the application of any pesticide, and in which such
person has no financial interest or other control over such
apparatus other than its day to day mechanical operation for
the purpose of applying any pesticide. [1997 c 242 § 11;
1994 c 283 § 6; 1993 sp.s. c 19 § 4; 1991 c 109 § 30; 1989
c 380 § 37; 1981 c 297 § 21; 1967 c 177 § 3; 1961 c 249 §
7.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
17.21.080 Commercial pesticide applicator license—
Application—Form. Application for a commercial pesticide
applicator license provided for in RCW 17.21.070 shall be
on a form prescribed by the director.
(1) The application shall include the following information:
(a) The full name of the individual applying for such
license.
(b) The full name of the business the individual represents with the license.
(c) If the applicant is an individual, receiver, trustee,
firm, partnership, association, corporation, or any other
organized group of persons whether incorporated or not, the
full name of each member of the firm or partnership, or the
names of the officers of the association, corporation or
group.
(d) The principal business address of the applicant in the
state or elsewhere.
(e) The name of a person whose domicile is in the state,
and who is authorized to receive and accept services of
summons and legal notice of all kinds for the applicant.
(f) The model, make, horsepower, and size of any
apparatus used by the applicant to apply pesticides.
(g) License classification or classifications for which the
applicant is applying.
(h) A list of the names of individuals allowed to apply
pesticides under the authority of the commercial applicator’s
license.
(i) Any other necessary information prescribed by the
director.
(2) Any changes to the information provided on the
prescribed commercial applicator form shall be reported by
the business to the department within thirty days of the
change. [1994 c 283 § 7; 1989 c 380 § 38; 1967 c 177 § 4;
1961 c 249 § 8.]
(2002 Ed.)
17.21.065
17.21.091 Commercial pesticide applicator license—
Persons who may apply under license authority. (1) No
commercial pesticide applicator shall allow a person to apply
pesticides under the authority of the commercial pesticide
applicator’s license unless the commercial pesticide applicator has, by mail or facsimile transmissions, submitted the
name to the department on a form prescribed by the department as provided in RCW 17.21.080(2). The department
shall maintain a list for each commercial pesticide applicator
of persons authorized to apply pesticides under the authority
of the commercial pesticide applicator’s license.
(2) Violations of this chapter by a person acting as an
employee, agent, or otherwise acting on behalf of or under
the license authority of a commercial pesticide applicator,
may, in the discretion of the department, be treated as a
violation by the commercial pesticide applicator. [1994 c
283 § 8.]
17.21.100 Recordkeeping by licensees and agricultural users. (1) Certified applicators licensed under the
provisions of this chapter, persons required to be licensed
under this chapter, all persons applying pesticides to more
than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides,
and all other persons making landscape applications of
pesticides to types of property listed in RCW 17.21.410(1)
(b), (c), (d), and (e), shall keep records for each application
which shall include the following information:
(a) The location of the land where the pesticide was
applied;
(b) The year, month, day and beginning and ending time
of the application of the pesticide each day the pesticide was
applied;
(c) The product name used on the registered label and
the United States environmental protection agency registration number, if applicable, of the pesticide which was
applied;
(d) The crop or site to which the pesticide was applied;
(e) The amount of pesticide applied per acre or other
appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure,
to which the pesticide was applied;
(h) The licensed applicator’s name, address, and
telephone number and the name of the individual or individuals making the application and their license number, if
applicable;
(i) The direction and estimated velocity of the wind
during the time the pesticide was applied. This subsection
(i) shall not apply to applications of baits in bait stations and
pesticide applications within structures; and
(j) Any other reasonable information required by the
director in rule.
(2)(a) The required information shall be recorded on the
same day that a pesticide is applied.
(b) A commercial pesticide applicator who applies a
pesticide to an agricultural crop or agricultural lands shall
provide a copy of the records required under subsection (1)
of this section for the application to the owner, or to the
lessee if applied on behalf of the lessee, of the lands to
which the pesticide is applied. Records provided by a
[Title 17 RCW—page 23]
17.21.100
Title 17 RCW: Weeds, Rodents, and Pests
commercial pesticide applicator to the owner or lessee of
agricultural lands under this subsection need not be provided
on a form adopted by the department.
(3) The records required under this section shall be
maintained and preserved by the licensed pesticide applicator
or such other person or entity applying the pesticides for no
less than seven years from the date of the application of the
pesticide to which such records refer. If the pesticide was
applied by a commercial pesticide applicator to the agricultural crop or agricultural lands of a person who employs one
or more employees, as "employee" is defined in RCW
49.70.020, the records shall also be kept by the employer for
a period of seven years from the date of the application of
the pesticide to which the records refer.
(4)(a) The pesticide records shall be readily accessible
to the department for inspection. Copies of the records shall
be provided on request to: The department; the department
of labor and industries; treating health care personnel
initiating diagnostic testing or therapy for a patient with a
suspected case of pesticide poisoning; the department of
health; the pesticide incident reporting and tracking review
panel; and, in the case of an industrial insurance claim filed
under Title 51 RCW with the department of labor and industries, the employee or the employee’s designated representative. In addition, the director may require the submission of
the records on a routine basis within thirty days of the
application of any restricted use pesticide in prescribed areas
controlling the use of the restricted use pesticide. When a
request for records is made under this subsection by treating
health care personnel and the record is required for determining treatment, copies of the record shall be provided
immediately. For all other requests, copies of the record
shall be provided within seventy-two hours.
(b) Copies of records provided to a person or entity
under this subsection (4) shall, if so requested, be provided
on a form adopted under subsection (7) of this section.
Information for treating health care personnel shall be made
immediately available by telephone, if requested, with a copy
of the records provided within twenty-four hours.
(5) If a request for a copy of the record is made under
this section from an applicator referred to in subsection (1)
of this section and the applicator refuses to provide a copy,
the requester may notify the department of the request and
the applicator’s refusal. Within seven working days, the
department shall request that the applicator provide the
department with all pertinent copies of the records, except
that in a medical emergency the request shall be made within
two working days. The applicator shall provide copies of
the records to the department within twenty-four hours after
the department’s request.
(6) The department shall include inspection of the
records required under this section as part of any on-site
inspection conducted under this chapter on agricultural lands.
The inspection shall determine whether the records are readily transferable to a form adopted by the department and are
readily accessible to employees. However, no person subject
to a department inspection may be inspected under this
subsection (6) more than once in any calendar year, unless
a previous inspection has found recordkeeping violations. If
recordkeeping violations are found, the department may
conduct reasonable multiple inspections, pursuant to rules
adopted by the department. Nothing in this subsection (6)
[Title 17 RCW—page 24]
limits the department’s inspection of records pertaining to
pesticide-related injuries, illnesses, fatalities, accidents, or
complaints.
(7) The department of agriculture and the department of
labor and industries shall jointly adopt, by rule, forms that
satisfy the information requirements of this section. [1994
c 283 § 9; 1992 c 173 § 1; 1989 c 380 § 39; 1987 c 45 §
28; 1971 ex.s. c 191 § 3; 1961 c 249 § 10.]
Effective dates—1992 c 173: "(1) Sections 1 through 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [April 1, 1992].
(2) Section 4 of this act shall take effect January 1, 1993." [1992 c
173 § 5.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
17.21.110 Commercial pesticide operator license—
Requirements. It shall be unlawful for any person to act as
an employee of a commercial pesticide applicator and apply
pesticides manually or as the operator directly in charge of
any apparatus which is licensed or should be licensed under
the provisions of this chapter for the application of any
pesticide, without having obtained a commercial pesticide
operator license from the director. The commercial pesticide
operator license shall be in addition to any other license or
permit required by law for the operation or use of any such
apparatus. Application for a commercial operator license
shall be accompanied by a fee of fifty dollars. The provisions of this section shall not apply to any individual who is
a licensed commercial pesticide applicator. [1997 c 242 §
12; 1994 c 283 § 10; 1993 sp.s. c 19 § 5; 1992 c 170 § 5;
1991 c 109 § 31; 1989 c 380 § 40; 1981 c 297 § 22; 1967
c 177 § 6; 1961 c 249 § 11.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
17.21.122 Private-commercial pesticide applicator
license—Requirements. It shall be unlawful for any person
to act as a private-commercial pesticide applicator without
having obtained a private-commercial pesticide applicator
license from the director. Application for a private-commercial pesticide applicator license shall be accompanied by a
fee of twenty-five dollars. [1997 c 242 § 13; 1994 c 283 §
11; 1993 sp.s. c 19 § 6; 1992 c 170 § 6; 1991 c 109 § 32;
1989 c 380 § 41; 1979 c 92 § 6.]
Effective date—1997 c 242: See note following RCW 15.58.070.
17.21.126 Private pesticide applicators—
Requirements. It shall be unlawful for any person to act as
a private pesticide applicator without first complying with requirements determined by the director as necessary to
prevent unreasonable adverse effects on the environment,
including injury to the pesticide applicator or other persons,
for each specific pesticide use.
(1) Certification standards to determine the individual’s
competency with respect to the use and handling of the
pesticide or class of pesticides for which the private pesticide
applicator is certified shall be relative to hazards of the
particular type of application, class of pesticides, or handling
procedure. In determining these standards the director shall
(2002 Ed.)
Washington Pesticide Application Act
take into consideration standards of the EPA and is authorized to adopt these standards by rule.
(2) Application for a private pesticide applicator license
shall be accompanied by a fee of twenty-five dollars.
Individuals with a valid certified applicator license, pest
control consultant license, or dealer manager license who
qualify in the appropriate statewide or agricultural license
categories are exempt from the private applicator fee
requirement. However, licensed public pesticide operators,
otherwise exempted from the public pesticide operator
license fee requirement, are not also exempted from the
private pesticide applicator fee requirement. [1997 c 242 §
14; 1994 c 283 § 12; 1993 sp.s. c 19 § 7; 1992 c 170 § 7;
1991 c 109 § 33; 1989 c 380 § 42; 1979 c 92 § 8.]
Effective date—1997 c 242: See note following RCW 15.58.070.
17.21.128 Renewal of certificate or license—
Recertification standards. (1) The director may renew any
certification or license issued under authority of this chapter
subject to the recertification standards identified in subsection (2) of this section or an examination requiring new
knowledge that may be required to apply pesticides.
(2) Except as provided in subsection (3) of this section,
all individuals licensed under this chapter shall meet the
recertification standards identified in (a) or (b) of this
subsection, every five years, in order to qualify for continuing licensure.
(a) Licensed pesticide applicators may qualify for
continued licensure through accumulation of recertification
credits.
(i) Private pesticide applicators shall accumulate a
minimum of twenty department-approved credits every five
years with no more than eight credits allowed per year;
(ii) All other license types established under this chapter
shall accumulate a minimum of forty department-approved
credits every five years with no more than fifteen credits
allowed per year.
(b) Certified pesticide applicators may qualify for
continued licensure through meeting the examination
requirements necessary to become licensed in those areas in
which the licensee operates.
(3) At the termination of a licensee’s five-year recertification period, the director may waive the requirements
identified in subsection (2) of this section if the licensee can
demonstrate that he or she is meeting comparable recertification standards through another state or jurisdiction or through
a federal environmental protection agency approved government agency plan. [1994 c 283 § 13; 1986 c 203 § 9; 1979
c 92 § 9.]
Severability—1986 c 203: See note following RCW 15.17.230.
17.21.129 Demonstration and research license—
Requirements. Except as provided in RCW 17.21.203, it is
unlawful for a person to use or supervise the use of any
experimental use pesticide or any restricted use pesticide on
small experimental plots for research purposes when no
charge is made for the pesticide and its application without
a demonstration and research applicator’s license.
(1) Application for a demonstration and research license
shall be accompanied by a fee of twenty-five dollars.
(2002 Ed.)
17.21.126
(2) Persons licensed in accordance with this section are
exempt from the requirements of RCW 17.21.160, 17.21.170,
and 17.21.180. [1997 c 242 § 15; 1994 c 283 § 14; 1993
sp.s. c 19 § 8; 1992 c 170 § 8; 1991 c 109 § 34; 1989 c 380
§ 43; 1987 c 45 § 30; 1981 c 297 § 26.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
Severability—1981 c 297: See note following RCW 15.36.201.
17.21.130 Revocation, suspension, or denial. Any
license, permit, or certification provided for in this chapter
may be revoked or suspended, and any license, permit, or
certification application may be denied by the director for
cause. If the director suspends a license under this chapter
with respect to activity of a continuing nature under chapter
34.05 RCW, the director may elect to suspend the license for
a subsequent license year during a period that coincides with
the period commencing thirty days before and ending thirty
days after the date of the incident or incidents giving rise to
the violation.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 877; 1994 c 283 § 15; 1989 c 380 § 46; 1986 c 203 § 10;
1961 c 249 § 13.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—1986 c 203: See note following RCW 15.17.230.
17.21.132 License, certification—Applications. Any
person applying for a license or certification authorized
under the provisions of this chapter shall file an application
on a form prescribed by the director.
(1) The application shall state the license or certification
and the classification(s) for which the applicant is applying
and the method in which the pesticides are to be applied.
(2) For all classes of licenses except private applicator,
all applicants shall be at least eighteen years of age on the
date that the application is made. Applicants for a private
pesticide applicator license shall be at least sixteen years of
age on the date that the application is made.
(3) Application for a license to apply pesticides shall be
accompanied by the required fee. No license may be issued
until the required fee has been received by the department.
[Title 17 RCW—page 25]
17.21.132
Title 17 RCW: Weeds, Rodents, and Pests
(4) Each classification of license issued under this
chapter shall expire annually on a date set by rule by the
director. Renewal applications shall be filed on or before
the applicable expiration date. [1997 c 242 § 16; 1994 c 283
§ 16; 1991 c 109 § 35; 1989 c 380 § 44.]
17.21.134 Licenses—Examination requirements. (1)
The director shall not issue a commercial pesticide applicator
license until the applicant, if he or she is the sole owner and
manager of the business has passed examinations in all
classifications that the business operates. If there is more
than one owner or the owner does not participate in the
pesticide application activities, the person managing the
pesticide application activities of the business shall be
licensed in all classifications that the business operates. The
director shall not issue a commercial pesticide operator,
public operator, private commercial applicator, or demonstration and research applicator license until the applicant has
passed an examination demonstrating knowledge of:
(a) How to apply pesticides under the classification for
which he or she has applied, manually or with the various
apparatuses that he or she may operate;
(b) The nature and effect of pesticides he or she may
apply under such classifications; and
(c) Any other matter the director determines to be a
necessary subject for examination.
(2) The director shall charge an examination fee
established by rule when an examination is necessary before
a license may be issued or when application for such license
and examination is made at other than a regularly scheduled
examination date.
(3) The director may prescribe separate testing procedures and requirements for each license. [1994 c 283 § 17;
1989 c 380 § 45.]
17.21.140 Renewal—Delinquency. (1) If the application for renewal of any license provided for in this chapter
is not filed on or prior to the expiration date of the license
as set by rule by the director, a penalty of twenty-five
dollars for the commercial pesticide applicator’s license, and
a penalty equivalent to the license fee for any other license,
shall be assessed and added to the original fee and shall be
paid by the applicant before the renewal license shall be
issued: PROVIDED, That such penalty shall not apply if the
applicant furnishes an affidavit certifying that he or she has
not acted as a licensee subsequent to the expiration of the
license.
(2) Any license for which a timely renewal application
has been made, all other requirements have been met, and
the proper fee paid, continues in full force and effect until
the director notifies the applicant that the license has been
renewed or the application has been denied. [1991 c 109 §
36; 1989 c 380 § 47; 1961 c 249 § 14.]
17.21.150 Violation of chapter—Unlawful acts. A
person who has committed any of the following acts is
declared to be in violation of this chapter:
(1) Made false or fraudulent claims through any media,
misrepresenting the effect of materials or methods to be
utilized;
(2) Applied worthless or improper pesticides;
[Title 17 RCW—page 26]
(3) Operated a faulty or unsafe apparatus;
(4) Operated in a faulty, careless, or negligent manner;
(5) Refused or neglected to comply with the provisions
of this chapter, the rules adopted hereunder, or of any lawful
order of the director including a final order of the director
directing payment of a civil penalty. In an adjudicative
proceeding arising from the department’s denial of a license
for failure to pay a civil penalty the subject shall be limited
to whether the payment was made and the proceeding may
not be used to collaterally attack the final order;
(6) Refused or neglected to keep and maintain the
pesticide application records required by rule, or to make
reports when and as required;
(7) Made false or fraudulent records, invoices, or
reports;
(8) Acted as a certified applicator without having
provided direct supervision to an unlicensed person as
defined in *RCW 17.21.020(12);
(9) Operated an unlicensed apparatus or an apparatus
without a license plate issued for that particular apparatus;
(10) Used fraud or misrepresentation in making an
application for a license or renewal of a license;
(11) Is not qualified to perform the type of pest control
under the conditions and in the locality in which he or she
operates or has operated, regardless of whether or not he or
she has previously passed a pesticide license examination;
(12) Aided or abetted a licensed or an unlicensed person
to evade the provisions of this chapter, combined or conspired with such a licensed or an unlicensed person to evade
the provisions of this chapter, or allowed one’s license to be
used by an unlicensed person;
(13) Knowingly made false, misleading or erroneous
statements or reports during or after an inspection concerning
any infestation or infection of pests found on land or in
connection with any pesticide complaint or investigation;
(14) Impersonated any state, county or city inspector or
official;
(15) Applied a restricted use pesticide without having a
certified applicator in direct supervision;
(16) Operated a commercial pesticide application
business: (a) Without an individual licensed as a commercial pesticide applicator or (b) with a licensed commercial
pesticide applicator not licensed in the classification or
classifications in which the business operates; or
(17) Operated as a commercial pesticide applicator
without meeting the financial responsibility requirements
including not having a properly executed financial responsibility insurance certificate or surety bond form on file with
the department. [1994 c 283 § 18; 1989 c 380 § 48; 1971
ex.s. c 191 § 4; 1967 c 177 § 8; 1961 c 249 § 15.]
*Reviser’s note: RCW 17.21.020 was amended by 2001 c 333 § 1,
changing subsection (12) to subsection (13), effective July 1, 2002.
17.21.160 Commercial pesticide applicator license—
Financial responsibility. The director shall not issue a
commercial pesticide applicator license until the applicant
has furnished evidence of financial responsibility.
(1) Evidence of financial responsibility shall consist of
either a surety bond; or a liability insurance policy or
certification thereof, protecting persons who may suffer legal
damages as a result of the operations of the applicant. The
surety bond or liability insurance policy need not apply to
(2002 Ed.)
Washington Pesticide Application Act
damages or injury to agricultural crops, plants or land being
worked upon by the applicant. The director shall not accept
a surety bond or liability insurance policy except from
authorized insurers in this state or if placed as a surplus line
as provided for in chapter 48.15 RCW.
(2) Evidence of financial responsibility shall be supplied
to the department on a financial responsibility insurance
certificate or surety bond form (blank forms supplied by the
department to the applicant). [1994 c 283 § 19; 1989 c 380
§ 49; 1967 c 177 § 9; 1961 c 249 § 16.]
17.21.170 Commercial pesticide applicator license—
Amount of bond or insurance required—Notice of
reduction or cancellation by surety or insurer. The
following requirements apply to the amount of bond or
insurance required for commercial applicators:
(1) The amount of the surety bond or liability insurance,
as provided for in RCW 17.21.160, shall be not less than
fifty thousand dollars for property damage and public
liability insurance, each separately, and including loss or
damage arising out of the actual use of any pesticide. The
surety bond or liability insurance shall be maintained at not
less than that sum at all times during the licensed period.
(2) The property damage portion of this requirement
may be waived by the director if it can be demonstrated by
the applicant that all applications performed under this
license occur under confined circumstances and on property
owned or leased by the applicant.
(3) The director shall be notified ten days before any
reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or liability insurance
by the surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for
all claims is limited to the face of the bond or liability
insurance policy. The director may accept a liability
insurance policy or surety bond in the proper sum which has
a deductible clause in an amount not exceeding five thousand dollars for all applicators for the total amount of
liability insurance or surety bond required by this section,
but if the applicant has not satisfied the requirement of the
deductible amount in any prior legal claim the deductible
clause shall not be accepted by the director unless the
applicant furnishes the director with a surety bond or liability
insurance which shall satisfy the amount of the deductible as
to all claims that may arise in his application of pesticides.
[1994 c 283 § 20; 1983 c 95 § 7; 1967 c 177 § 10; 1963 c
107 § 1; 1961 c 249 § 17.]
17.21.180 Commercial pesticide applicator license—
Suspension of license for failure to meet financial responsibility criteria. The commercial pesticide applicator license
shall, whenever the licensee’s surety bond or insurance
policy is reduced below the requirements of RCW 17.21.170
or whenever the commercial applicator has not supplied
evidence of financial responsibility, as required by RCW
17.21.160 and 17.21.170, by the expiration date of the
previous policy or surety bond, be automatically suspended
until such licensee’s surety bond or insurance policy again
meets the requirements of RCW 17.21.170. In addition, the
director may pick up such licensee’s license plates during
such period of automatic suspension and return them only at
(2002 Ed.)
17.21.160
such time as the licensee has furnished written proof that he
or she is in compliance with the provisions of RCW
17.21.170. [1994 c 283 § 21; 1989 c 380 § 50; 1987 c 45
§ 31; 1967 c 177 § 11; 1961 c 249 § 18.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
17.21.187 Limited private applicator and rancher
private applicator—Purpose—Pilot project—
Definitions—Application for license. (Expires December
31, 2004.) (1) The purpose of this section is to establish a
pilot project to evaluate the feasibility of establishing a
limited private applicator license and a rancher private
applicator license to facilitate the control of weeds, especially those defined as noxious weeds, in Washington state.
(2) "Limited private applicator" means a certified
applicator who uses or is in direct supervision, as defined for
private applicators in *RCW 17.21.020(12), of the use of
any herbicide classified by the EPA or the director as a
restricted use pesticide, for the sole purpose of controlling
weeds on nonproduction agricultural land owned or rented
by the applicator or the applicator’s employer. Nonproduction agricultural land includes pastures, range land,
fencerows, and areas around farm buildings but not aquatic
sites. A limited private applicator also may apply restricted
use herbicides to nonproduction agricultural land of another
person if applied without compensation other than trading of
personal services between the applicator and the other
person.
(3) "Rancher private applicator" means a certified
applicator who uses or is in direct supervision, as defined for
private applicators in *RCW 17.21.020(12), of the use of
any herbicide and/or any rodenticide classified by the environmental protection agency or the director as a restricted
use pesticide for the purpose of controlling weeds and pest
animals on the agricultural land owned or rented by the
applicator or the applicator’s employer. For the purpose of
this subsection, "agricultural land" means nonproduction
agricultural land and production agricultural land used to
grow hay and grain crops that are consumed by the livestock
on the farm where produced: PROVIDED, That up to ten
percent of the crops grown on the agricultural land in a
calendar year may be sold within the county of production.
Nonproduction agricultural land includes pastures, rangeland,
fencerows, and areas around farm buildings. For the
purposes of this subsection, agricultural land does not
include aquatic sites. A rancher private applicator also may
apply restricted use herbicides and rodenticides to the
agricultural land of another person if applied without
compensation other than trading of personal services between
the applicator and the other person.
(4) Limited private applicator and rancher private
applicator licenses may be issued only in counties where the
county cooperative extension service and/or the county weed
board complete a memorandum of understanding with the
department agreeing to conduct a minimum of two hours of
department-approved weed control-related recertification
coursework every year and to maintain the recertification
credit records for the limited private applicators in their
county.
(5) A person may participate in the pilot project by
applying to be licensed as a limited private applicator or
[Title 17 RCW—page 27]
17.21.187
Title 17 RCW: Weeds, Rodents, and Pests
rancher private applicator in 2000, 2001, or 2002. The
application and examination requirements for a limited
private applicator and a rancher private applicator are the
same as for a private applicator.
(a) Applications for a limited private applicator license
shall be accompanied by a fee of twenty-five dollars.
(b) Applications for a rancher private applicator shall be
accompanied by a fee of seventy-five dollars.
(6) All limited private applicator and rancher private
applicator licenses expire on December 31, 2004.
(7)(a) Limited private applicators and rancher private
applicators are exempt from the credit accumulation requirements of RCW 17.21.128(2)(a), and, upon application,
begins a recertification period which ends on December 31,
2004.
(i) Limited private applicators first applying for a
license in 2000 shall accumulate a minimum of eight
department-approved credits by the end of the recertification
period.
(ii) Limited private applicators first applying for a
license in 2001 or 2002 shall accumulate a minimum of six
department-approved credits by the end of the recertification
period.
(iii) Rancher private applicators first applying for a
license in 2000 shall accumulate a minimum of twelve
department-approved credits by the end of the recertification
period.
(iv) Rancher private applicators first applying for a
license in 2001 or 2002 shall accumulate a minimum of ten
department-approved credits by the end of the recertification
period.
(b) All credits for the limited private applicator license
must be applicable to the control of weeds with at least half
of the credits directly related to weed control and the
remaining credits in topic areas indirectly related to weed
control, such as the safe and legal use of pesticides.
(8) Limited private applicators and rancher private
applicators who successfully complete the recertification
requirements of this section are deemed to have met the
credit accumulation requirements of RCW 17.21.128(2)(a)
for private applicators and may reapply as a private applicator in 2005. A limited private applicator or rancher private
applicator who applies for a private applicator license during
the pilot project must meet the fee, annual renewal, and
credit accumulation requirements for private applicators.
(9) By September 1, 2003, the department shall report
to the legislature on the results of the pilot project.
(10) This section applies only to certified applicators in
Ferry, Stevens, Pend Orielle, and Okanogan counties,
Washington and expires December 31, 2004. [1999 c 145
§ 1; 1997 c 242 § 20.]
*Reviser’s note: RCW 17.21.020 was amended by 2001 c 333 § 1,
changing subsection (12) to subsection (13), effective July 1, 2002.
17.21.190 Damages due to use or application of
pesticide—Report of loss required. Any person suffering
property loss or damage resulting from the use or application
by others of any pesticide shall file with the director a
verified report of loss.
(1) The report shall set forth, so far as known to the
claimant, the following:
(a) The name and address of the claimant;
[Title 17 RCW—page 28]
(b) The type, kind, property alleged to be injured or
damaged;
(c) The name of the person applying the pesticide and
allegedly responsible; and
(d) The name of the owner or occupant of the property
for whom such application of the pesticide was made.
(2) The report shall be filed within thirty days from the
time that the property loss or damage becomes known to the
claimant. If a growing crop is alleged to have been damaged, the report shall be filed prior to harvest of fifty percent
of that crop, unless the loss or damage was not then known.
The department shall establish time periods by rule to
determine investigation response time. Time periods shall
range from immediate to forty-eight hours to initiate an
investigation, depending on the severity of the damage.
(3) Any person filing a report of loss under this section
shall cooperate with the department in conducting an
investigation of such a report and shall provide the department or authorized representatives of the department access
to any affected property and any other necessary information
relevant to the report. If a claimant refuses to cooperate
with the department, the report shall not be acted on by the
department.
(4) The filing of a report or the failure to file a report
need not be alleged in any complaint which might be filed
in a court of law, and the failure to file the report shall not
be considered any bar to the maintenance of any criminal or
civil action.
(5) The failure to file a report shall not be a violation of
this chapter. However, if the person failing to file such
report is the only one suffering loss from such use or
application of a pesticide by a pesticide applicator or
operator, the director may refuse to act upon the complaint.
[1994 c 283 § 22; 1991 c 263 § 1; 1989 c 380 § 51; 1961 c
249 § 19.]
17.21.200 Commercial pesticide applicator license—
Exemptions. The provisions of this chapter relating to
commercial pesticide applicator licenses and requirements for
their issuance shall not apply to:
(1) Any forest landowner, or his or her employees,
applying pesticides with ground apparatus or manually, on
his or her own lands or any lands or rights of way under his
or her control; or
(2) Any farmer owner of ground apparatus applying
pesticides for himself or herself or if applied on an occasional basis not amounting to a principal or regular occupation
without compensation other than trading of personal services
between producers of agricultural commodities on the land
of another person; or
(3) Any grounds maintenance person conducting
grounds maintenance on an occasional basis not amounting
to a regular occupation; or
(4) Persons who apply pesticides as an incidental part of
their business, such as dog grooming services or such other
businesses as shall be identified by the director.
However, persons exempt under this section shall not
use restricted use pesticides and shall not advertise or
publicly hold themselves out as pesticide applicators. [1994
c 283 § 23; 1992 c 170 § 9; 1989 c 380 § 52; 1979 c 92 §
3; 1971 ex.s. c 191 § 5; 1967 c 177 § 12; 1961 c 249 § 20.]
(2002 Ed.)
Washington Pesticide Application Act
17.21.203 Government research personnel—
Requirements. The licensing provisions of this chapter
shall not apply to research personnel of federal, state, county, or municipal agencies when performing pesticide research
in their official capacities, however when such persons are
applying restricted use pesticides, they shall be licensed as
public operators. [1994 c 283 § 24; 1981 c 297 § 23; 1979
c 92 § 4; 1971 ex.s. c 191 § 9.]
Severability—1981 c 297: See note following RCW 15.36.201.
17.21.220 Application of chapter to governmental
entities—Public operator license required—Exemption—
Liability. (1) All state agencies, municipal corporations, and
public utilities or any other governmental agency shall be
subject to the provisions of this chapter and rules adopted
thereunder concerning the application of pesticides.
(2) It shall be unlawful for any employee of a state
agency, municipal corporation, public utility, or any other
government agency to use or to supervise the use of any
restricted use pesticide, or any pesticide by means of an
apparatus, without having obtained a public operator license
from the director. Application for a public operator license
shall be accompanied by a fee of twenty-five dollars. The
fee shall not apply to public operators licensed and working
in the health vector field. The public operator license shall
be valid only when the operator is acting as an employee of
a government agency.
(3) The jurisdictional health officer or his or her duly
authorized representative is exempt from this licensing
provision when applying pesticides that are not restricted use
pesticides to control pests other than weeds.
(4) Such agencies, municipal corporations and public
utilities shall be subject to legal recourse by any person
damaged by such application of any pesticide, and such
action may be brought in the county where the damage or
some part thereof occurred. [1997 c 242 § 17; 1994 c 283
§ 25; 1993 sp.s. c 19 § 9; 1991 c 109 § 37; 1989 c 380 §
53; 1986 c 203 § 11; 1981 c 297 § 24; 1971 ex.s. c 191 § 7;
1967 c 177 § 13; 1961 c 249 § 22.]
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1986 c 203: See note following RCW 15.17.230.
Severability—1981 c 297: See note following RCW 15.36.201.
17.21.230 Pesticide advisory board. (1) There is
hereby created a pesticide advisory board consisting of four
licensed pesticide applicators residing in the state (one shall
be licensed to operate agricultural ground apparatus, one
shall be an urban landscape applicator, one shall be licensed
to operate aerial apparatus, and one shall be licensed for
structural pest control), one licensed pest control consultant,
one licensed pesticide dealer manager, one entomologist in
public service, one toxicologist in public service, one
pesticide coordinator from Washington State University, one
member from the agricultural chemical industry, one member
from the food processing industry, one member representing
agricultural labor, one health care practitioner in private
practice, two members from the environmental community,
one producer of aquacultural products, and two producers of
agricultural crops or products on which pesticides are
applied.
(2002 Ed.)
17.21.203
(2) Such members shall be appointed by the director for
terms of four years and may be appointed for successive
four-year terms at the discretion of the director. The terms
shall be staggered so that approximately one-fourth of the
terms expire on June 30 of each calendar year. In making
appointments, the director shall seek nominations from
affected agricultural and environmental groups. The director
may remove any member of the pesticide advisory board
prior to the expiration of his or her term of appointment for
cause. The pesticide advisory board shall also include the
following nonvoting members: The director of the department of labor and industries or a duly authorized representative, the environmental health specialist from the department
of health, the assistant director of the pesticide management
division of the department, and the directors, or their
appointed representatives, of the department[s] of fish and
wildlife, natural resources, and ecology. [1994 c 283 § 26;
1989 c 380 § 54; 1988 c 36 § 8; 1974 ex.s. c 20 § 1; 1971
ex.s. c 191 § 8; 1967 c 177 § 14; 1961 c 249 § 23.]
17.21.240 Pesticide advisory board—Vacancies.
Upon the death, resignation or removal for cause of any
member of the pesticide advisory board, the director shall attempt to fill such vacancy, within thirty days of its creation,
for the remainder of its term in the manner herein prescribed
for appointment to the board. [1994 c 283 § 27; 1989 c 380
§ 55; 1961 c 249 § 24.]
17.21.250 Pesticide advisory board—Duties. The
pesticide advisory board shall advise the director on any or
all problems relating to the use and application of pesticides
in the state. [1989 c 380 § 56; 1961 c 249 § 25.]
17.21.260 Pesticide advisory board—Officers,
meetings. The pesticide advisory board shall elect one of its
members as chair. The members of the board shall meet at
such time and at such place as shall be specified by the call
of the director, chair, or a majority of the board. [1994 c
283 § 28; 1989 c 380 § 57; 1961 c 249 § 26.]
17.21.270 Pesticide advisory board—Travel expenses. No person appointed to the pesticide advisory board
shall receive a salary or other compensation as a member of
the board: PROVIDED, That each member of the board
shall receive travel expenses in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended for each day spent in actual attendance at or
traveling to and from meetings of the board or special assignments for the board. [1989 c 380 § 58; 1975-’76 2nd
ex.s. c 34 § 24; 1961 c 249 § 27.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
17.21.280 Disposition of revenue, enforcement of
chapter—District court fees, fines, penalties and forfeitures. (1) Except as provided in subsection (2) of this
section, all moneys collected under the provisions of this
chapter shall be paid to the director and deposited in the
agricultural local fund, RCW 43.23.230, for use exclusively
in the enforcement of this chapter.
[Title 17 RCW—page 29]
17.21.280
Title 17 RCW: Weeds, Rodents, and Pests
(2) All moneys collected for civil penalties levied under
RCW 17.21.315 shall be deposited in the state general fund.
All fees, fines, forfeitures and penalties collected or assessed
by a district court because of the violation of a state law
shall be remitted as provided in chapter 3.62 RCW. [1997
c 242 § 18; 1994 c 283 § 29; 1989 c 380 § 59; 1987 c 202
§ 183; 1969 ex.s. c 199 § 15; 1961 c 249 § 28.]
Intent—1987 c 202: See note following RCW 2.04.190.
17.21.290 Pesticide application apparatuses—
License plate as identification. All licensed apparatuses
shall be identified by a license plate furnished by the
director, at no cost to the licensee, which plate shall be
affixed in a location and manner upon such apparatus as
prescribed in rule. [1994 c 283 § 30; 1989 c 380 § 60; 1967
c 177 § 15; 1961 c 249 § 29.]
17.21.300 Agreements with other governmental
entities. The director is authorized to cooperate with and
enter into agreements with any other agency of the state, the
United States, and any other state or agency thereof for the
purpose of carrying out the provisions of this chapter and
securing uniformity of regulation. [1961 c 249 § 30.]
17.21.305 Licensing by cities of first class and
counties. The provisions of this chapter requiring all
structural pest control operators, exterminators and fumigators to license with the department shall not preclude a city
of the first class with a population of one hundred thousand
people or more, or the county in which it is situated, from
also licensing structural pest control operators, exterminators
and fumigators operating within the territorial confines of
said city or county: PROVIDED, That when structural pest
control operators, exterminators and fumigators are licensed
by both the city of the first class and the county in which the
city is situated, and there exists a joint county-city health
department, then the joint county-city health department may
enforce the provisions of the city and county as to the
license requirements for the structural pest control operators,
exterminators and fumigators. [1986 c 203 § 12; 1967 c 177
§ 19.]
Severability—1986 c 203: See note following RCW 15.17.230.
17.21.310 General penalty. Any person who shall
violate any provisions or requirements of this chapter or
rules adopted hereunder shall be deemed guilty of a misdemeanor and guilty of a gross misdemeanor for any second
and subsequent offense: PROVIDED, That any offense
committed more than five years after a previous conviction
shall be considered a first offense. [1967 c 177 § 16; 1961
c 249 § 34.]
17.21.315 Civil penalty for failure to comply with
chapter. Every person who fails to comply with this
chapter or the rules adopted under it may be subjected to a
civil penalty, as determined by the director, in an amount of
not more than seven thousand five hundred dollars for every
such violation. Each and every such violation shall be a
separate and distinct offense. Every person who, through an
act of commission or omission, procures, aids, or abets in
[Title 17 RCW—page 30]
the violation shall be considered to have violated this section
and may be subject to the civil penalty herein provided.
[1989 c 380 § 61; 1985 c 158 § 3.]
17.21.320 Access to public or private premises—
Search warrants—Prosecuting attorney’s duties—
Injunctions. (1) For purpose of carrying out the provisions
of this chapter the director may enter upon any public or
private premises at reasonable times, in order:
(a) To have access for the purpose of inspecting any
equipment subject to this chapter and such premises on
which such equipment is kept or stored;
(b) To inspect lands actually or reported to be exposed
to pesticides;
(c) To inspect storage or disposal areas;
(d) To inspect or investigate complaints of injury to
humans or land; or
(e) To sample pesticides being applied or to be applied.
(2) Should the director be denied access to any land
where such access was sought for the purposes set forth in
this chapter, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to
such land for said purposes. The court may upon such
application, issue the search warrant for the purposes
requested.
(3) It shall be the duty of each prosecuting attorney to
whom any violation of this chapter is reported, to cause
appropriate proceedings to be instituted and prosecuted in a
court of competent jurisdiction without delay.
(4) The director may bring an action to enjoin the
violation or threatened violation of any provision of this
chapter or any rule made pursuant to this chapter in the
superior court of the county in which such violation occurs
or is about to occur. [1989 c 380 § 62; 1971 ex.s. c 191 §
10.]
17.21.340 Violation of chapter—Remedies. (1) A
person aggrieved by a violation of this chapter or the rules
adopted under this chapter:
(a) May request an inspection of the area in which the
violation is believed to have occurred. If there are reasonable grounds to believe that a violation has occurred, the
department shall conduct an inspection as soon as practicable. However, the director may refuse to act on a request
for inspection concerning only property loss or damage if the
person suffering property damage fails to file a timely report
of loss under RCW 17.21.190. If an inspection is conducted,
the person requesting the inspection shall:
(i) Be promptly notified in writing of the department’s
decision concerning the assessment of any penalty pursuant
to the inspection; and
(ii) Be entitled, on request, to have his or her name
protected from disclosure in any communication with
persons outside the department and in any record published,
released, or made available pursuant to this chapter:
PROVIDED, That in any appeal proceeding the identity of
the aggrieved person who requests the inspection shall be
disclosed to the alleged violator of the act upon request of
the alleged violator;
(b) Shall be notified promptly, on written application to
the director, of any penalty or other action taken by the
(2002 Ed.)
Washington Pesticide Application Act
department pursuant to an investigation of the violation
under this chapter; and
(c) May request, within ten days from the service of a
final order fixing a penalty for the violation, that the director
reconsider the entire matter if it is alleged that the penalty is
inappropriate. If the person is aggrieved by a decision of the
director on reconsideration, the person may request an
adjudicative proceeding under chapter 34.05 RCW. However, the procedures for a brief adjudicative proceeding may
not be used unless agreed to by the person requesting the
adjudicative proceeding. During the adjudicative proceeding
under (c) of this subsection, the presiding officer shall
consider the interests of the person requesting the adjudicative proceeding.
(2) Nothing in this chapter shall preclude any person
aggrieved by a violation of this chapter from bringing suit in
a court of competent jurisdiction for damages arising from
the violation. [1989 c 380 § 63.]
17.21.350 Report to legislature. By February 1st of
each year the department shall report to the appropriate
committees of the house of representatives and the senate on
the activities of the department under this chapter. The
report shall include, at a minimum: (1) A review of the
department’s pesticide incident investigation and enforcement
activities, with the number of cases investigated and the
number and amount of civil penalties assessed; and (2) a
summary of the pesticide residue food monitoring program
with information on the food samples tested and results of
the tests, a listing of the pesticides for which testing is done,
and other pertinent information. [1997 c 242 § 19; 1989 c
380 § 64.]
17.21.400 Landscape or right of way applications—
Notice. (1)(a) A certified applicator making a landscape
application shall display the name and telephone number of
the applicator or the applicator’s employer on any power
application apparatus. The applicator shall also carry the
material safety data sheet for each pesticide being applied.
(b) A certified applicator making a right of way application shall display the name and telephone number of the
applicator or the applicator’s employer and the words
"VEGETATION MANAGEMENT APPLICATION" on any
power application apparatus. The applicator shall also carry
the material safety data sheet for each pesticide being
applied.
(2) If a certified applicator receives a written request for
information on a landscape or right of way spray application,
the applicator shall provide the requestor with the name or
names of each pesticide applied and (a) a copy of the
material safety data sheet for each pesticide; or (b) a
pesticide fact sheet for each pesticide as developed or
approved by the department.
(3) The director shall adopt rules establishing the size
and lettering requirements of the apparatus display signs
required under this section. [1994 c 283 § 32; 1992 c 176
§ 2.]
17.21.410 Landscape applications—Marking of
property, posting requirements. (1) A certified applicator
making a landscape application to:
(2002 Ed.)
17.21.340
(a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not
a substantial portion of the property, the applicator shall only
be required to place a marker at the application site. If the
application is in a fenced or otherwise isolated backyard, no
marker is required.
(b) Commercial properties such as apartments or
shopping centers shall at the time of application place a
marker in a conspicuous location at or near each site being
treated.
(c) A golf course shall at the time of the application
place a marker at the first tee and tenth tee or post the
information in a conspicuous location such as on a central
message board.
(d) A school, nursery school, or licensed day care shall
at the time of the application place a marker at each primary
point of entry to the school grounds. A school employee
making an application to a school facility shall comply with
the posting requirements in RCW 17.21.415.
(e) A park, cemetery, rest stop, or similar property as
may be defined in rule shall at the time of the application
place a marker at each primary point of entry.
(2) An individual making a landscape application to a
school grounds, nursery school, or licensed day care, and not
otherwise covered by subsection (1) of this section, shall at
the time of the application place a marker at each primary
point of entry to the school grounds.
(3) The marker shall be a minimum of four inches by
five inches. It shall have the words: "THIS LANDSCAPE
HAS BEEN TREATED BY" as the headline and "FOR
MORE INFORMATION PLEASE CALL" as the footer.
Larger size requirements for markers may be established in
rule for specific applications. The company name and
service mark shall be included between the headline and the
footer on a marker placed by a commercial applicator. The
applicator’s telephone number where information can be
obtained about the application shall be included in the footer
of the marker. Markers shall be printed in colors contrasting
to the background.
(4) The property owner or tenant shall remove the
marker according to the schedule established in rule. A
certified applicator or individual who complies with this
section is not liable for the removal of markers by unauthorized persons or removal outside the designated removal
time.
(5) A certified applicator or individual who complies
with this section cannot be held liable for personal property
damage or bodily injury resulting from markers that are
placed as required. [2001 c 333 § 2; 1994 c 283 § 33; 1992
c 176 § 5.]
Effective date—2001 c 333: See note following RCW 17.21.020.
17.21.415 Schools—Policies and methods—
Notification—Records—Liability. (1) As used in this
section, "school" means a licensed day care center or a
public kindergarten or a public elementary or secondary
school.
(2) A school shall provide written notification annually
or upon enrollment to parents or guardians of students and
employees describing the school’s pest control policies and
[Title 17 RCW—page 31]
17.21.415
Title 17 RCW: Weeds, Rodents, and Pests
methods, including the posting and notification requirements
of this section.
(3) A school shall establish a notification system that, as
a minimum, notifies interested parents or guardians of
students and employees at least forty-eight hours before a
pesticide application to a school facility. The notification
system shall include posting of the notification in a prominent place in the main office of the school.
(4) All notifications to parents, guardians, and employees shall include the heading "Notice: Pesticide Application"
and, at a minimum, shall state:
(a) The product name of the pesticide to be applied;
(b) The intended date and time of application;
(c) The location to which the pesticide is to be applied;
(d) The pest to be controlled; and
(e) The name and phone number of a contact person at
the school.
(5) A school facility application must be made within
forty-eight hours following the intended date and time stated
in the notification or the notification process shall be
repeated.
(6) A school shall, at the time of application, post
notification signs for all pesticide applications made to
school facilities unless the application is otherwise required
to be posted by a certified applicator under the provisions of
RCW 17.21.410(1)(d).
(a) Notification signs for applications made to school
grounds by school employees shall be placed at the location
of the application and at each primary point of entry to the
school grounds. The signs shall be a minimum of four
inches by five inches and shall include the words: "THIS
LANDSCAPE HAS BEEN RECENTLY SPRAYED OR
TREATED WITH PESTICIDES BY YOUR SCHOOL" as
the headline and "FOR MORE INFORMATION PLEASE
CALL" as the footer. The footer shall provide the name and
telephone number of a contact person at the school.
(b) Notification signs for applications made to school
facilities other than school grounds shall be posted at the
location of the application. The signs shall be a minimum
of eight and one-half by eleven inches and shall include the
heading "Notice: Pesticide Application" and, at a minimum,
shall state:
(i) The product name of the pesticide applied;
(ii) The date and time of application;
(iii) The location to which the pesticide was applied;
(iv) The pest to be controlled; and
(v) The name and phone number of a contact person at
the school.
(c) Notification signs shall be printed in colors contrasting to the background.
(d) Notification signs shall remain in place for at least
twenty-four hours from the time the application is completed. In the event the pesticide label requires a restricted entry
interval greater than twenty-four hours, the notification sign
shall remain in place consistent with the restricted entry
interval time as required by the label.
(7) A school facility application does not include the
application of antimicrobial pesticides or the placement of
insect or rodent baits that are not accessible to children.
(8) The prenotification requirements of this section do
not apply if the school facility application is made when the
[Title 17 RCW—page 32]
school is not occupied by students for at least two consecutive days after the application.
(9) The prenotification requirements of this section do
not apply to any emergency school facility application for
control of any pest that poses an immediate human health or
safety threat, such as an application to control stinging
insects. When an emergency school facility application is
made, notification consistent with the school’s notification
system shall occur as soon as possible after the application.
The notification shall include information consistent with
subsection (6)(b) of this section.
(10) A school shall make the records of all pesticide
applications to school facilities required under this chapter,
including an annual summary of the records, readily accessible to interested persons.
(11) A school is not liable for the removal of signs by
unauthorized persons. A school that complies with this
section may not be held liable for personal property damage
or bodily injury resulting from signs that are placed as
required. [2001 c 333 § 3.]
Effective date—2001 c 333: See note following RCW 17.21.020.
17.21.420 Pesticide-sensitive individuals—List
procedure. (1) The department shall develop a list of
pesticide-sensitive individuals. The list shall include any
person with a documented pesticide sensitivity who submits
information to the department on an application form
developed by the department indicating the person’s pesticide sensitivity.
(2) An applicant for inclusion on the pesticide-sensitive
list may apply to the department at any time and shall
provide the department, on the department’s form, the name,
street address, and telephone number of the applicant and of
each property owner with property abutting the applicant’s
principal place of residence. The pesticide sensitivity of an
individual shall be certified by a physician who holds a valid
license to practice medicine in this state. The lands listed on
an application for inclusion on the pesticide-sensitive list
shall constitute the pesticide notification area for that applicant. For highway or road rights of way, a property abutting
shall mean that portion of the property within one-half mile
of the principal place of residence.
(3) A person whose name has been included on the
pesticide-sensitive list shall notify the department of a need
to update the list as soon as possible after: (a) A change of
address or telephone number; (b) a change in ownership of
property abutting a pesticide-sensitive individual; (c) a
change in the applicant’s condition; or (d) the sensitivity is
deemed to no longer exist.
(4) The pesticide-sensitive list shall expire on December
31 of each year. The department shall distribute application
forms for the new list at a reasonable time prior to the
expiration of the current list, including mailing an application
form to each person on the current list at the address given
by the person in his or her most recent application. Persons
desiring to be placed on or remain on the list shall submit a
new application each year.
(5) The department shall distribute the list by January 1
and June 15 of each year to all certified applicators likely to
make landscape applications. The list shall provide multiple
methods of accessing the information so that certified
(2002 Ed.)
Washington Pesticide Application Act
17.21.420
applicators making landscape applications or right of way
applications are able to easily determine what properties and
individuals require notification for a specific application. An
updated list shall be distributed whenever deemed necessary
by the department. Certified applicators may request a list
of newly registered individuals that have been added to the
list since the last distribution. Registered individuals shall
receive verification that their name has been placed on the
list. [1994 c 283 § 34; 1992 c 176 § 3.]
duplicate citations to an individual or business for the same
violation of the federal standard or state rules regulating
activities governed by the federal standard. By December 1,
1996, the department and the department of labor and
industries shall jointly establish a formal agreement that:
Identifies the roles of each of the two agencies in conducting
investigations of activities governed by the federal standard;
and provides for protection of workers and enforcement of
standards that is at least [as] effective as provided for other
enforcement under this chapter. [1996 c 260 § 3.]
17.21.430 Pesticide-sensitive individuals—
Notification. (1) A certified applicator making a landscape
application or a right of way application to the pesticide
notification area, as defined in RCW 17.21.420(2), of a
person on the pesticide-sensitive list shall notify the listed
pesticide-sensitive individual of the application. Notification
shall be made at least two hours prior to the scheduled
application, or in the case of an immediate service call, the
applicator shall provide notification at the time of the
application.
(2) Notification under this section shall be made in
writing, in person, or by telephone, and shall disclose the
date and approximate time of the application. In the event
a certified applicator is unable to provide prior notification
because of the absence or inaccessibility of the individual,
the applicator shall leave a written notice at the residence of
the individual listed on the pesticide-sensitive list at the time
of the application. If a person on the pesticide-sensitive list
lives in a multifamily dwelling such as an apartment or
condominium, the applicator shall notify the person on the
list or shall advise the manager or other property owner’s
representative to notify the person on the list of the application. [1992 c 176 § 4.]
Finding—Intent—Severability—1996 c 260: See notes following
RCW 49.17.280.
Department of labor and industries authority: RCW 49.17.280.
17.21.440 Agricultural workers and handlers of
agricultural pesticides—Coordination of regulation and
enforcement with department of labor and industries.
(1) As used in this section, "federal worker protection
standard" or "federal standard" means the worker protection
standard for agricultural workers and handlers of agricultural
pesticides adopted by the United States environmental
protection agency in 40 C.F.R., part 170 as it exists on June
6, 1996.
(2)(a) No rule adopted under this chapter may impose
requirements that make compliance with the federal worker
protection standard impossible.
(b) The department shall adopt by rule safety and health
standards that are at least as effective as the federal standard.
Standards adopted by the department under this section shall
be adopted in coordination with the department of labor and
industries.
(3) If a violation of the federal worker protection
standard, or of state rules regulating activities governed by
the federal standard, is investigated by the department and by
the department of labor and industries, the agencies shall
conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by
the department of labor and industries under Title 51 RCW
solely with regard to industrial insurance shall not be
considered to be an investigation by the department of labor
and industries for this purpose. The agencies shall not issue
(2002 Ed.)
17.21.900 Preexisting liabilities not affected. The
enactment of this act shall not have the effect of terminating,
or in any way modifying, any liability, civil or criminal,
which shall already be in existence on the date this act
becomes effective. [1961 c 249 § 31.]
17.21.920 Short title. This chapter may be cited as
the Washington pesticide application act. [1961 c 249 § 33.]
17.21.930 Severability—1961 c 249. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1961 c 249 § 35.]
17.21.931 Severability—1967 c 177. If any provision
of this amendatory act or its application to any person or
circumstance is held invalid, the remainder of this act, or the
application of the provision to other persons or circumstances is not affected. [1967 c 177 § 20.]
17.21.932 Severability—1979 c 92. If any provision
of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 c 92 § 10.]
17.21.933
15.58.942.
Severability—1989 c 380. See RCW
Chapter 17.24
INSECT PESTS AND PLANT DISEASES
Sections
17.24.003
17.24.007
17.24.011
17.24.021
17.24.031
17.24.041
17.24.051
17.24.061
17.24.071
17.24.081
17.24.091
Purpose.
Definitions.
Regulation of plant, plant product, bee movement, and genetically engineered organisms.
Inspection and investigation.
Determination of origin.
Power to adopt quarantine measures—Rules.
Introduction of plant pests, noxious weeds, or organisms
affecting plant life.
Protection of privileged or confidential information—
Procedure—Notice—Declaratory judgment.
Compliance agreements.
Prohibited acts.
Impound and disposition.
[Title 17 RCW—page 33]
Chapter 17.24
Title 17 RCW: Weeds, Rodents, and Pests
17.24.100
17.24.101
17.24.111
17.24.121
Penalties—Second and subsequent offenses.
Statewide survey and control activity.
Director’s cooperation with other agencies.
Acquisition of lands, water supply, or other properties for
quarantine locations.
17.24.131 Requested inspections—Fee for service—Disbursements in
lieu of fee.
17.24.141 Penalties—Criminal and civil penalty.
17.24.151 Violations—Costs of control.
17.24.161 Funds for technical and scientific services.
17.24.171 Determination of imminent danger of infestation of plant
pests or plant diseases—Emergency measures—
Conditions—Procedures.
17.24.210 Indemnity contracts for damages resulting from prevention,
control, or eradication measures—Authorized—
Conditions.
17.24.900 Captions not law—1991 c 257.
Horticultural pests and diseases: Chapter 15.08 RCW.
17.24.003 Purpose. The purpose of this chapter is to
provide a strong system for the exclusion of plant and bee
pests and diseases through regulation of movement and
quarantines of infested areas to protect the forest, agricultural, horticultural, floricultural, and apiary industries of the
state; plants and shrubs within the state; and the environment
of the state from the impact of insect pests, plant pathogens,
noxious weeds, and bee pests and the public and private
costs that result when these infestations become established.
[1991 c 257 § 3.]
17.24.007 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the state department of agriculture.
(2) "Director" means the director of the state department
of agriculture or the director’s designee.
(3) "Quarantine" means a rule issued by the department
that prohibits or regulates the movement of articles, bees,
plants, or plant products from designated quarantine areas
within or outside the state to prevent the spread of disease,
plant pathogens, or pests to nonquarantine areas.
(4) "Plant pest" means a living stage of an insect, mite,
nematode, slug, snail, or protozoa, or other invertebrate
animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with
any of the foregoing plant pests, including a genetically
engineered organism, or an infectious substance that can
directly or indirectly injure or cause disease or damage in
plants or parts of plants or in processed, manufactured, or
other products of plants.
(5) "Plants and plant products" means trees, shrubs,
vines, forage, and cereal plants, and all other plants and
plant parts, including cuttings, grafts, scions, buds, fruit,
vegetables, roots, bulbs, seeds, wood, lumber, and all
products made from the plants and plant products.
(6) "Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels,
rubber stamp imprints, tags, permits, written statements, or
a form of inspection and certification document that accompanies the movement of inspected and certified plant material and plant products, or bees, bee hives, or beekeeping
equipment.
(7) "Compliance agreement" means a written agreement
between the department and a person engaged in growing,
handling, or moving articles, plants, plant products, or bees,
bee hives, or beekeeping equipment regulated under this
chapter, in which the person agrees to comply with stipulated
requirements.
(8) "Distribution" means the movement of a regulated
article from the property where it is grown or kept, to
property that is not contiguous to the property, regardless of
the ownership of the properties.
(9) "Genetically engineered organism" means an
organism altered or produced through genetic modification
from a donor, vector, or recipient organism using recombinant DNA techniques, excluding those organisms covered by
the food, drug and cosmetic act (21 U.S.C. Secs. 301-392).
(10) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, or association,
and every officer, agent, or employee of any of these
entities.
(11) "Sell" means to sell, to hold for sale, offer for sale,
handle, or to use as inducement for the sale of another
article or product.
(12) "Noxious weed" means a living stage, including,
but not limited to, seeds and reproductive parts, of a parasitic
or other plant of a kind that presents a threat to Washington
agriculture or environment.
(13) "Regulated article" means a plant or plant product,
bees or beekeeping equipment, noxious weed or other
articles or equipment capable of harboring or transporting
plant or bee pests or noxious weeds that is specifically addressed in rules or quarantines adopted under this chapter.
(14) "Owner" means the person having legal ownership,
possession, or control over a regulated article covered by this
chapter including, but not limited to, the owner, shipper,
consignee, or their agent.
(15) "Nuisance" means a plant, or plant part, apiary, or
property found in a commercial area on which is found a
pest, pathogen, or disease that is a source of infestation to
other properties.
(16) "Bees" means adult insects, eggs, larvae, pupae, or
other immature stages of the species Apis mellifera.
(17) "Bee pests" means a mite, other parasite, or disease
that causes injury to bees and those honey bees generally
recognized to have undesirable behavioral characteristics
such as or as found in Africanized honey bees.
(18) "Biological control" means the use by humans of
living organisms to control or suppress undesirable animals
and plants; the action of parasites, predators, or pathogens on
a host or prey population to produce a lower general
equilibrium than would prevail in the absence of these
agents.
(19) "Biological control agent" means a parasite,
predator, or pathogen intentionally released, by humans, into
a target host or prey population with the intent of causing
population reduction of that host or prey.
(20) "Emergency" means a situation where there is an
imminent danger of an infestation of plant pests or disease
that seriously threatens the state’s agricultural or horticultural
industries or environment and that cannot be adequately
addressed with normal procedures or existing resources.
[2000 c 100 § 6; 1991 c 257 § 4.]
Effective date—2000 c 100: See RCW 15.60.901.
[Title 17 RCW—page 34]
(2002 Ed.)
Insect Pests and Plant Diseases
17.24.011 Regulation of plant, plant product, bee
movement, and genetically engineered organisms.
Notwithstanding the provisions of RCW 17.24.041, the director may:
(1) Make rules under which plants, plant products, bees,
hives and beekeeping equipment, and noxious weeds may be
brought into this state from other states, territories, or foreign
countries; and
(2) Make rules with reference to plants, plant products,
bees, bee hives and equipment, and genetically engineered
organisms while in transit through this state as may be
deemed necessary to prevent the introduction into and
dissemination within this state of plant and bee pests and
noxious weeds. [1991 c 257 § 5.]
17.24.021 Inspection and investigation. (1) The
director may intercept and hold or order held for inspection,
or cause to be inspected while in transit or after arrival at
their destination, all plants, plant products, bees, or other
articles likely to carry plant pests, bee pests, or noxious
weeds being moved into this state from another state,
territory, or a foreign country or within or through this state
for plant and bee pests and disease.
(2) The director may enter upon public and private
premises at reasonable times for the purpose of carrying out
this chapter. If the director be denied access, the director
may apply to any court of competent jurisdiction for a search
warrant authorizing access to such premises. The court may
upon such application issue the search warrant for the
purposes requested.
(3) The director may adopt rules in accordance with
chapter 34.05 RCW as may be necessary to carry out the
purposes and provisions of this chapter. [1991 c 257 § 6.]
17.24.031 Determination of origin. The director may
demand of a person who has in his or her possession or
under his or her control, plants, bees, plant products, or other
articles that may carry plant pests, bee pests, or noxious
weeds, full information as to the origin and source of these
items. Failure to provide that information, if known, may
subject the person to a civil penalty. [1991 c 257 § 7.]
17.24.041 Power to adopt quarantine measures—
Rules. If determined to be necessary to protect the forest,
agricultural, horticultural, floricultural, beekeeping, or
environmental interests of this state, the director may declare
a quarantine against an area, place, nursery, orchard, vineyard, apiary, or other agricultural establishment, county or
counties within the state, or against other states, territories,
or foreign countries, or a portion of these areas, in reference
to plant pests, or bee pests, or noxious weeds, or genetically
engineered plant or plant pest organisms. The director may
prohibit the movement of all regulated articles from such
quarantined places or areas that are likely to contain such
plant pests or noxious weeds or genetically engineered plant,
plant pest, or bee pest organisms. The quarantine may be
made absolute or rules may be adopted prescribing the
conditions under which the regulated articles may be moved
into, or sold, or otherwise disposed of in the state. [1991 c
257 § 8.]
(2002 Ed.)
17.24.011
17.24.051 Introduction of plant pests, noxious
weeds, or organisms affecting plant life. The introduction
into or release within the state of a plant pest, noxious
weeds, bee pest, or any other organism that may directly or
indirectly affect the plant life of the state as an injurious
pest, parasite, predator, or other organism is prohibited,
except under special permit issued by the department under
rules adopted by the director. A special permit is not
required for the introduction or release within the state of a
genetically engineered plant or plant pest organism if the
introduction or release has been approved under provisions
of federal law and the department has been notified of the
planned introduction or release. The department shall be the
sole issuing agency for the permits. Except for research
projects approved by the department, no permit for a
biological control agent shall be issued unless the department
has determined that the parasite, predator, or plant pathogen
is target organism or plant specific and not likely to become
a pest of nontarget plants or other beneficial organisms. The
director may also exclude biological control agents that are
infested with parasites determined to be detrimental to the
biological control efforts of the state. The department may
rely upon findings of the United States department of
agriculture or any experts that the director may deem
appropriate in making a determination about the threat posed
by such organisms. In addition, the director may request
confidential business information subject to the conditions in
RCW 17.24.061.
Plant pests, noxious weeds, or other organisms introduced into or released within this state in violation of this
section shall be subject to detention and disposition as
otherwise provided in this chapter. [1991 c 257 § 9.]
17.24.061 Protection of privileged or confidential
information—Procedure—Notice—Declaratory judgment.
(1) In submitting data required by this chapter, the applicant
may: (a) Mark clearly portions of data which in his or her
opinion are trade secrets or commercial or financial information; and (b) submit the marked material separately from
other material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter
or other law, the director shall not make information
submitted by an applicant or registrant under this chapter
available to the public if, in the judgment of the director, the
information is privileged or confidential because it contains
or relates to trade secrets or commercial or financial information. Where necessary to carry out the provisions of this
chapter, information relating to unpublished formulas of
products acquired by authorization of this chapter may be
revealed to any state or federal agency consulted and may be
revealed at a public hearing or in findings of fact issued by
the director.
(3) If the director proposes to release for inspection or
to reveal at a public hearing or in findings of fact issued by
the director, information that the applicant or registrant
believes to be protected from disclosure under subsection (2)
of this section, he or she shall notify the applicant or
registrant in writing, by certified mail. The director may not
make this data available for inspection nor reveal the
information at a public hearing or in findings of fact issued
by the director until thirty days after receipt of the notice by
[Title 17 RCW—page 35]
17.24.061
Title 17 RCW: Weeds, Rodents, and Pests
the applicant or registrant. During this period, the applicant
or registrant may withdraw the application or may institute
an action in the superior court of Thurston county for a
declaratory judgment as to whether the information is subject
to protection under subsection (2) of this section. [1991 c
257 § 10.]
17.24.071 Compliance agreements. The director may
enter into compliance agreements with a person engaged in
growing, handling, or moving articles, bees, plants, or plant
products regulated under this chapter. [1991 c 257 § 11.]
17.24.081 Prohibited acts. It shall be unlawful for a
person to:
(1) Sell, offer for sale, or distribute a noxious weed or
a plant or plant product or regulated article infested or
infected with a plant pest declared by rule to be a threat to
the state’s forest, agricultural, horticultural, floricultural, or
beekeeping industries or environment;
(2) Knowingly receive a noxious weed, or a plant, plant
product, bees, bee hive or appliances, or regulated article
sold, given away, carried, shipped, or delivered for carriage
or shipment within this state, in violation of the provisions
of this chapter or the rules adopted under this chapter;
(3) Fail to immediately notify the department and isolate
and hold the noxious weed, bees, bee hives or appliances,
plants or plant products, or other thing unopened or unused
subject to inspection or other disposition as may be provided
by the department, where the item has been received without
knowledge of the violation and the receiver has become
subsequently aware of the potential problem;
(4) Knowingly conceal or willfully withhold available
information regarding an infected or infested plant, plant
product, regulated article, or noxious weed;
(5) Introduce or move into this state, or to move or
dispose of in this state, a plant, plant product, or other item
included in a quarantine, except under rules as may be
prescribed by the department, after a quarantine order has
been adopted under this chapter against a place, nursery,
orchard, vineyard, apiary, other agricultural establishment,
county of this state, another state, territory, or a foreign
country as to a plant pest, bee pest, or noxious weed or
genetically engineered plant or plant pest organism, until
such quarantine is removed. [1991 c 257 § 12.]
17.24.091 Impound and disposition. (1) If upon
inspection, the director finds that an inspected plant or plant
product or bees are infected or infested or that a regulated
article is being held or transported in violation of a rule or
quarantine of the department, the director shall notify the
owner that a violation of this chapter exists. The director
may impound or order the impounding of the infected or
infested or regulated article in such a manner as may be
necessary to prevent the threat of infestation. The notice
shall be in writing and sent by certified mail or personal
service identifying the impounded article and giving notice
that the articles will be treated, returned to the shipper or to
a quarantined area, or destroyed in a manner as to prevent
infestation. The impounded article shall not be destroyed
unless the director determines that (a) no effective treatment
can be carried out; and (b) the impounded article cannot be
[Title 17 RCW—page 36]
returned to the shipper or shipped back to a quarantine area
without threat of infestation to this state; and (c) mere
possession by the owner constitutes an emergency.
(2) Before taking action to treat, return, or destroy the
impounded article, the director shall notify the owner of the
owner’s right to a hearing before the director under chapter
34.05 RCW. Within ten days after the notice has been given
the owner may request a hearing. The request must be in
writing.
(3) The cost to impound articles along with the cost, if
any, to treat, return, or destroy the articles shall be at the
owner’s expense. The owner is not entitled to compensation
for infested or infected articles destroyed by the department
under this section. [1991 c 257 § 13.]
17.24.100 Penalties—Second and subsequent
offenses. Every person who shall violate or fail to comply
with any rule or regulation adopted and promulgated by the
director of agriculture in accordance with and under the
provision of chapter 17.24 RCW, as now or hereafter
amended, shall be guilty of a misdemeanor, and for a second
and each subsequent violation or failure to comply with the
provisions of this chapter or rule or regulation adopted
hereunder, shall be guilty of a gross misdemeanor. [1981 c
296 § 26; 1927 c 292 § 7; RRS § 2786. Prior: 1921 c 105
§ 7.]
Severability—1981 c 296: See note following RCW 15.08.010.
17.24.101 Statewide survey and control activity. If
there is reason to believe that a plant or bee pest may
adversely impact the forestry, agricultural, horticultural,
floricultural, or related industries of the state; or may cause
harm to the environment of the state; or such information is
needed to facilitate or allow the movement of forestry,
agricultural, horticultural, or related products to out-of-state,
foreign and domestic markets, the director may conduct, or
cause to be conducted, surveys to determine the presence,
absence, or distribution of a pest.
The director may take such measures as may be
required to control or eradicate such pests where such
measures are determined to be in the public interest, are
technically feasible, and for which funds are appropriated or
provided through cooperative agreements. [1991 c 257 §
14.]
17.24.111 Director’s cooperation with other agencies. The director may enter into cooperative arrangements
with a person, municipality, county, Washington State
University or any of its experiment stations, or other
agencies of this state, and with boards, officers, and authorities of other states and the United States, including the
United States department of agriculture, for the inspection of
bees, plants and plant parts and products and the control or
eradication of plant pests, bee pests, or noxious weeds and
to carry out other provisions of this chapter. [1991 c 257 §
15.]
17.24.121 Acquisition of lands, water supply, or
other properties for quarantine locations. The director
may acquire, in fee or in trust, by gift, or whenever funds
are appropriated for such purposes, by purchase, easement,
(2002 Ed.)
Insect Pests and Plant Diseases
lease, or condemnation, lands or other property, water
supplies, as may be deemed necessary for use by the
department for establishing quarantine stations for the
purpose of the isolation, prevention, eradication, elimination,
and control of insect pests or plant pathogens that affect the
agricultural or horticultural products of the state; for the
propagation of biological control agents; or the isolation of
genetically engineered plants or plant pests; or the isolation
of bee pests. [1991 c 257 § 16.]
17.24.131 Requested inspections—Fee for service—
Disbursements in lieu of fee. To facilitate the movement
or sale of forest, agricultural, floricultural, horticultural and
related products, or bees and related products, the director
may provide, if requested by farmers, growers, or other
interested persons, special inspections, pest identifications,
plant identifications, plant diagnostic services, pest control
activities, other special certifications and activities not
otherwise authorized by statute and prescribe a fee for that
service. The fee shall, as closely as practical, cover the cost
of the service rendered, including the salaries and expenses
of the personnel involved. Moneys collected shall be
deposited in the plant pest account, which is hereby created
within the agricultural local fund. No appropriation is
required for disbursement from the plant pest account to
provide the services authorized by this section. In lieu of a
fee, assessments and other funds deposited in the plant pest
account may be disbursed to provide the services authorized
by this section. [1997 c 227 § 2; 1991 c 257 § 17.]
Effective date—1997 c 227: See note following RCW 15.17.243.
17.24.141 Penalties—Criminal and civil penalty.
Whenever the director finds that a person has committed a
violation of any of the provisions of this chapter, and that
violation has not been punished pursuant to RCW 17.24.100,
the director may impose upon and collect from the violator
a civil penalty not exceeding five thousand dollars per
violation. Each violation shall be a separate and distinct
offense. A person who knowingly, through an act of
commission or omission, procures or aids or abets in the
violation shall be considered to have violated this section
and may be subject to the civil penalty. [1991 c 257 § 18.]
17.24.151 Violations—Costs of control. A person
who, through a knowing and willful violation of a quarantine
established under this chapter, causes an infestation to
become established, may be required to pay the costs of
public control or eradication measures caused as a result of
that violation. [1991 c 257 § 19.]
17.24.161 Funds for technical and scientific services. The director may, at the director’s discretion, provide
funds for technical or scientific services, labor, materials and
supplies, and biological control agents for the control of
plant pests, bee pests, and noxious weeds. [1991 c 257 §
20.]
17.24.171 Determination of imminent danger of
infestation of plant pests or plant diseases—Emergency
measures—Conditions—Procedures. (1) If the director
(2002 Ed.)
17.24.121
determines that there exists an imminent danger of an
infestation of plant pests or plant diseases that seriously
endangers the agricultural or horticultural industries of the
state, or that seriously threatens life, health, or economic
well-being, the director shall request the governor to order
emergency measures to control the pests or plant diseases
under *RCW 43.06.010(14). The director’s findings shall
contain an evaluation of the affect of the emergency measures on public health.
(2) If an emergency is declared pursuant to *RCW
43.06.010(14), the director may appoint a committee to
advise the governor through the director and to review
emergency measures necessary under the authority of *RCW
43.06.010(14) and this section and make subsequent recommendations to the governor. The committee shall include
representatives of the agricultural industries, state and local
government, public health interests, technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of
emergency measures, the director is authorized to implement
the emergency measures to prevent, control, or eradicate
plant pests or plant diseases that are the subject of the
emergency order. Such measures, after thorough evaluation
of all other alternatives, may include the aerial application of
pesticides.
(4) Upon the order of the governor of the use of
emergency measures, the director is authorized to enter into
agreements with individuals or companies, or both, to
accomplish the prevention, control, or eradication of plant
pests or plant diseases, notwithstanding the provisions of
chapter 15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of
not less than ten days. The director shall immediately advise
the governor if he or she finds that the emergency no longer
exists or if certain emergency measures should be discontinued. [1991 c 257 § 21.]
*Reviser’s note: RCW 43.06.010 was amended by 1993 c 142 § 5,
changing subsection (14) to subsection (13).
17.24.210 Indemnity contracts for damages resulting from prevention, control, or eradication measures—
Authorized—Conditions. The director of agriculture may,
on the behalf of the state of Washington, enter into indemnity contracts wherein the state of Washington agrees to repay
any person, firm, corporation, or other entity acting under
the direction or control of the proper authority to provide
plant pest or plant disease prevention, control, or eradication
measures as provided in this chapter or any rule adopted
pursuant to the provisions of this chapter, for losses and
damages incurred as a result of such prevention, control, or
eradication measures if all of the following conditions occur:
(1) At the time of the incident the worker is performing
services as an emergency measures worker and is acting
within the course of his duties as an emergency measures
worker;
(2) At the time of the injury, loss, or damage, the
organization providing emergency measures by which the
worker is employed is an approved organization for providing emergency measures;
[Title 17 RCW—page 37]
17.24.210
Title 17 RCW: Weeds, Rodents, and Pests
(3) The injury, loss, or damage is proximately caused by
his service either with or without negligence as an emergency measures worker;
(4) The injury, loss, or damage is not caused by the
intoxication of the worker; and
(5) The injury, loss, or damage is not due to wilful
misconduct or gross negligence on the part of a worker.
Where an act or omission by an emergency services
provider in the course of providing emergency services
injures a person or property, the provider and the state may
be jointly and severally liable for the injury, if state liability
is proved under existing or hereafter enacted law.
Each person, firm, corporation, or other entity authorized to provide the prevention, control, or eradication
measures implementing a program approved under *RCW
17.24.200 shall be identified on a list approved by the
director. For the purposes of this section, each person on the
list shall be known, for the duration of the person’s services
under the program, as "an emergency measures worker."
[1982 c 153 § 3.]
*Reviser’s note: RCW 17.24.200 was repealed by 1991 c 257 § 23.
Severability—1982 c 153: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 153 § 5.]
Effective date—1982 c 153: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1982." [1982 c 153 § 7.]
17.24.900 Captions not law—1991 c 257. Captions
as used in RCW 17.24.005 through 17.24.171 constitute no
part of the law. [1991 c 257 § 24.]
Chapter 17.26
CONTROL OF SPARTINA AND
PURPLE LOOSESTRIFE
Sections
17.26.005
17.26.006
17.26.007
17.26.010
17.26.011
17.26.015
17.26.020
17.26.900
17.26.901
Findings.
Findings—Purpose.
Findings—Application to appropriations.
Restriction on state agencies and local governments.
Spartina removal includes restoration—Study.
Lead agency—Responsibilities.
High priority for all state agencies—Definitions.
Severability—1995 c 255.
Effective date—1995 c 255.
17.26.005 Findings. The legislature finds that:
(1) Spartina alterniflora, Spartina anglica, Spartina x
townsendii, and Spartina patens which are collectively called
spartina are not native to the state of Washington nor to the
west coast of North America. This noxious weed was
inadvertently introduced into the wetlands of the state and is
now aggressively invading new areas to the detriment of
native ecosystems and aquatic habitat. The spread of
spartina threatens to permanently convert and displace native
freshwater and saltwater wetlands and intertidal zones,
including critical habitat for migratory birds, many fish
species, bivalves, invertebrates, marine mammals, and other
animals. The continued spread of spartina will permanently
[Title 17 RCW—page 38]
reduce the diversity and the quantity of these species and
will have a significant negative environmental impact.
Spartina poses a significant hydrological threat. Clumps
and meadows of spartina are dense environments that bind
sediments and lift the intertidal gradient up out of the
intertidal zone through time. This process reduces flows
during flood conditions, raises flood levels, and significantly
alters the hydrological regime of estuarine areas.
Spartina spreads by rhizomes and seed production.
Through lateral growth by rhizomes, spartina establishes a
dense monotypic meadow. Through seed production and the
spread of seed through the air and by water, spartina is
currently being spread to other states and to Canadian
provinces.
(2) Purple loosestrife was first documented in the state
in 1929 along freshwater shorelands. It is now present
throughout the state and is particularly abundant in Grant
county and its neighboring counties. The plant appears to be
colonizing more rapidly on the eastern side of the state than
on the western side. It was first introduced to the
Winchester wasteway area in the 1960’s and has invaded the
area rapidly. Purple loosestrife is displacing native plants
and as a result is threatening an extremely important part of
this state’s wildlife habitat. Lythrum salicaria and L.
virgatum are closely related loosestrife species that are
morphologically similar and not easily distinguished from
each other in the field. Both species have been referred to
as purple loosestrife.
(3) Current laws and rules designed to protect the
environment and preserve the wetland habitats, fish, and
wildlife of the state are not designed to respond to an ecosystem-wide threat of this kind. State and federal agencies,
local governments, weed boards, concerned individuals, and
property owners attempting to deal with the ecological
emergency posed by spartina and purple loosestrife infestations have been frustrated by interagency disagreements,
demands for an undue amount of procedural and scientific
process and information, dilatory appeals, and the improper
application of laws and regulations by agencies that have in
fact undermined the legislative purposes of those same laws
while ignoring the long-term implications of delay and
inaction. There is a compelling need for strong leadership,
coordination, and reporting by a single state agency to
respond appropriately to this urgent environmental challenge.
Any further delay of control efforts will significantly
increase the cost of spartina and purple loosestrife control
and reduce the likelihood of long-term success. Control
efforts must be coordinated across political and ownership
boundaries in order to be effective.
(4) The presence of noxious weeds on public lands
constitutes a public nuisance and negatively impacts public
and private lands. The legislature finds that control and
eradication of noxious weeds on private lands is in the
public interest. [1995 c 255 § 1.]
17.26.006 Findings—Purpose. This state is facing an
environmental disaster that will affect other states as well as
other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the
spartina and purple loosestrife problems that are occurring in
state waters. One of the purposes of chapter 255, Laws of
(2002 Ed.)
Control of Spartina and Purple Loosestrife
1995 is to focus agency action on control and future eradication of spartina and purple loosestrife. It is the mandate of
the legislature that one state agency, the department of
agriculture, be responsible for a unified effort to eliminate
spartina and control purple loosestrife, with the advice of the
state noxious weed control board, and that state agency shall
be directly accountable to the legislature on the progress of
the spartina eradication and purple loosestrife control
program. [1995 c 255 § 2.]
17.26.007 Findings—Application to appropriations.
This section applies to appropriations made to the department of agriculture specifically for the removal or control of
spartina or purple loosestrife or both plants. The legislature
finds that: The presence of spartina or purple loosestrife on
private lands threatens wildlife habitat and provides a source
of renewed infestation for public lands; and effective
eradication or control of spartina or purple loosestrife
requires concerted efforts on both public and private lands to
protect public resources. The department of agriculture may
grant funds to other state agencies, local governments, and
nonprofit corporations for eradication or control purposes
and may use those moneys itself. The department of
agriculture may match private funds for eradication or
control programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at
the local level shall be conducted by the department of
agriculture. [1995 c 255 § 11.]
17.26.010 Restriction on state agencies and local
governments. State agencies and local governments may
not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override
the legislative intent and statutory mandates of chapter 255,
Laws of 1995. [1995 c 255 § 8.]
17.26.011 Spartina removal includes restoration—
Study. Spartina removal shall include restoration to return
intertidal land and other infested lands to the condition found
on adjacent unaffected lands in the same tidal elevation. The
department of fish and wildlife, the department of ecology,
the department of agriculture, and the department of natural
resources shall develop a restoration plan in cooperation with
owners of spartina infested lands and shall submit the plan
to the appropriate standing committees of the house of
representatives and the senate by December 31, 1995. [1995
c 255 § 9.]
17.26.015 Lead agency—Responsibilities. (1) The
state department of agriculture is the lead agency for the
control of spartina and purple loosestrife with the advice of
the state noxious weed control board.
(2) Responsibilities of the lead agency include:
(a) Coordination of the control program including
memorandums of understanding, contracts, and agreements
with local, state, federal, and tribal governmental entities and
private parties;
(b) Preparation of a statewide spartina management plan
utilizing integrated vegetation management strategies that
encompass all of Washington’s tidelands. The plan shall be
developed in cooperation with local, state, federal, and tribal
(2002 Ed.)
17.26.006
governments, private landowners, and concerned citizens.
The plan shall prioritize areas for control. Nothing in this
subsection prohibits the department from taking action to
control spartina in a particular area of the state in accordance
with a plan previously prepared by the state while preparing
the statewide plan;
(c) Directing on the ground control efforts that include,
but are not limited to: (i) Control work and contracts; (ii)
spartina survey; (iii) collection and maintenance of spartina
location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and (vi)
site-specific environmental information and documents; and
(d) Evaluating the effectiveness of the control efforts.
The lead agency shall report to the appropriate standing
committees of the house of representatives and the senate no
later than December 15th of each year through the year 1999
on the progress of the program, the number of acres treated
by various methods of control, and on the funds spent.
[1998 c 245 § 4; 1995 c 255 § 10.]
17.26.020 High priority for all state agencies—
Definitions. (1) Facilitating the control of spartina and
purple loosestrife is a high priority for all state agencies.
(2) The department of natural resources is responsible
for spartina and purple loosestrife control on state-owned
aquatic lands managed by the department of natural resources.
(3) The department of fish and wildlife is responsible
for spartina and purple loosestrife control on state-owned
aquatic lands managed by the department of fish and
wildlife.
(4) The state parks and recreation commission is
responsible for spartina and purple loosestrife control on
state-owned aquatic lands managed by the state parks and
recreation commission.
(5) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this chapter,
RCW 90.48.020, 90.58.030, and *75.20.108:
(a) "Spartina" means Spartina alterniflora, Spartina
anglica, Spartina x townsendii, and Spartina patens.
(b) "Purple loosestrife" means Lythrum salicaria and
Lythrum virgatum.
(c) "Aquatic noxious weed" means an aquatic weed on
the state noxious weed list adopted under RCW 17.10.080.
[1995 c 255 § 12.]
*Reviser’s note: RCW 75.20.108 was recodified as RCW 77.55.150
pursuant to 2000 c 107 § 129.
17.26.900 Severability—1995 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 255 § 14.]
17.26.901 Effective date—1995 c 255. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 5, 1995]. [1995 c 255 § 15.]
[Title 17 RCW—page 39]
Chapter 17.28
Title 17 RCW: Weeds, Rodents, and Pests
Chapter 17.28
MOSQUITO CONTROL DISTRICTS
Sections
17.28.010
17.28.020
Definitions.
Districts may be organized in counties—Petition, presentment, signatures.
17.28.030 Petition method—Description of boundaries—Verification of
signatures—Resolution to include city.
17.28.040 Petition method—Publication of petition and notice of meeting.
17.28.050 Resolution method.
17.28.060 Hearing—Defective petition—Establishment of boundaries.
17.28.070 Procedure to include other territory.
17.28.080 Determination of public necessity and compliance with
chapter.
17.28.090 Declaration establishing and naming district—Election to
form district—Establishment of district.
17.28.100 Election on proposition to levy tax.
17.28.110 Board of trustees—Composition.
17.28.120 Board of trustees—Name of board—Qualification of members.
17.28.130 Board of trustees—Terms—Vacancies.
17.28.140 Board of trustees—Organization—Officers—
Compensation—Expenses.
17.28.150 Board of trustees—Meetings—Rules—Quorum.
17.28.160 Powers of district.
17.28.170 Mosquito breeding places declared public nuisance—
Abatement.
17.28.175 Control of mosquitos—Declaration that owner is responsible.
17.28.185 Control of mosquitos—Noncompliance by landowner with
regulations.
17.28.250 Interference with entry or work of district—Penalty.
17.28.251 Borrowing money or issuing warrants in anticipation of
revenue.
17.28.252 Excess levy authorized.
17.28.253 District boundaries for tax purposes.
17.28.254 Abatement, extermination declared necessity and benefit to
land.
17.28.255 Classification of property—Assessments.
17.28.256 Assessments—Roll, hearings, notices, objections, appeal,
etc.
17.28.257 Assessments—Payment, lien, delinquencies, foreclosure, etc.
17.28.258 County treasurer—Duties.
17.28.260 General obligation bonds—Excess property tax levies.
17.28.270 Collection, disposition, of revenue—Depository.
17.28.280 Withdrawal of funds.
17.28.290 Matching funds.
17.28.300 Expenses of special elections.
17.28.310 Annual certification of assessed valuation.
17.28.320 Annexation of territory authorized—Consent by city.
17.28.330 Annexation of territory authorized—Petition—Hearing—
Boundaries.
17.28.340 Annexation of territory authorized—Order of annexation—
Election.
17.28.350 Annexation of territory authorized—Filing of order—
Composition of board.
17.28.360 Consolidation of districts—Initial proceedings.
17.28.370 Consolidation of districts—Concurrent resolution.
17.28.380 Consolidation of districts—Election.
17.28.390 Consolidation of districts—Order of consolidation.
17.28.400 Consolidation of districts—Composition of board.
17.28.410 Consolidation of districts—Powers of consolidated district—
Indebtedness of former districts.
17.28.420 Dissolution—Election.
17.28.430 Dissolution—Result of election to be certified—Certificate
of dissolution.
17.28.440 Dissolution—Disposition of property.
17.28.450 Dissolution—Collection of taxes to discharge indebtedness.
17.28.900 Severability—1957 c 153.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
[Title 17 RCW—page 40]
17.28.010 Definitions. When used in this chapter, the
following terms, words or phrases shall have the following
meaning:
(1) "District" means any mosquito control district
formed pursuant to this chapter.
(2) "Board" or "district board" means the board of
trustees governing the district.
(3) "County commissioners" means the governing body
of the county.
(4) "Unit" means all unincorporated territory in a
proposed district in one county, regarded as an entity, or
each city in a proposed district, likewise regarded as an
entity.
(5) "Territory" means any city or county or portion of
either or both city or county having a population of not less
than one hundred persons.
(6) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof. [1957 c 153 § 1.]
17.28.020 Districts may be organized in counties—
Petition, presentment, signatures. Any number of units of
a territory within the state of Washington in Adams, Benton,
Franklin, Grant, Kittitas, Walla Walla and Yakima counties
or any other county may be organized as a mosquito control
district under the provisions of this chapter.
A petition to form a district may consist of any number
of separate instruments which shall be presented at a regular
meeting of the county commissioners of the county in which
the greater area of the proposed district is located. Petitions
shall be signed by registered voters of each unit of the
proposed district, equal in number to not less than ten
percent of the votes cast in each unit respectively for the
office of governor at the last gubernatorial election prior to
the time of presenting the petition. [1969 c 96 § 1; 1957 c
153 § 2.]
17.28.030 Petition method—Description of boundaries—Verification of signatures—Resolution to include
city. Before a city can be included as a part of the proposed
district its governing body shall have requested that the city
be included by resolution, duly authenticated.
The petition shall set forth and describe the boundaries
of the proposed district and it shall request that it be organized as a mosquito control district. Upon receipt of such a
petition, the auditor of the county in which the greater area
of the proposed district is located shall be charged with the
responsibility of examining the same and certifying to the
sufficiency of the signatures thereon. For the purpose of
examining the signatures on such petitions, the auditor shall
be permitted access to the voters’ registration books of each
city and county located in the proposed district and may
appoint the respective county auditors and city clerks thereof
as his deputies. No person may withdraw his name from a
petition after it has been filed with the auditor. Within thirty
days following the receipt of such petition, the auditor shall
transmit the same to the board of commissioners of the
county in which the greater area of the proposed district is
located, together with his certificate as to the sufficiency
thereof. [1957 c 153 § 3.]
(2002 Ed.)
Mosquito Control Districts
17.28.040 Petition method—Publication of petition
and notice of meeting. Upon receipt of a duly certified
petition, the board of commissioners shall cause the text of
the petition to be published once a week for at least three
consecutive weeks in one or more newspapers of general
circulation within the county where the petition is presented
and at each city a portion of which is included in the
proposed district. If any portion of the proposed district lies
in another county, the petition and notice shall be likewise
published in that county.
Only one copy of the petition need be published even
though the district embraces more than one unit. No more
than five of the names attached to the petition need appear
in the publication of the petition and notice, but the number
of signers shall be stated.
With the publication of the petition there shall be
published a notice of the time of the meeting of the county
commissioners when the petition will be considered, stating
that all persons interested may appear and be heard. [1957
c 153 § 4.]
17.28.050 Resolution method. Such districts may
also be organized upon the adoption by the county commissioners of a resolution of intention so to do, in lieu of the
procedure hereinbefore provided for the presentation of petitions. In the event the county commissioners adopt a
resolution of intention, such resolution shall describe the
boundaries of the proposed district and shall set a time and
place at which they will consider the organization of the
district, and shall state that all persons interested may appear
and be heard. Such resolution of intention shall be published
in the same manner and for the same length of time as a
petition. [1957 c 153 § 5.]
17.28.060 Hearing—Defective petition—
Establishment of boundaries. At the time stated in the
notice of the filing of the petition or the time mentioned in
the resolution of intention, the county commissioners shall
consider the organization of the district and hear those
appearing and all protests and objections to it. The commissioners may adjourn the hearing from time to time, not
exceeding two months in all.
No defect in the contents of the petition or in the title
to or form of the notice or signatures, or lack of signatures
thereto, shall vitiate any proceedings if the petition has a
sufficient number of qualified signatures.
On the final hearing the county commissioners shall
make such changes in the proposed boundaries as are
advisable, and shall define and establish the boundaries.
[1957 c 153 § 6.]
17.28.070 Procedure to include other territory. If
the county commissioners deem it proper to include any
territory not proposed for inclusion within the proposed
boundaries, they shall first cause notice of intention to do so
to be mailed to each owner of land in the territory whose
name appears as owner on the last completed assessment roll
of the county in which the territory lies, addressed to the
owner at his address given on the assessment roll, or if no
address is given, to his last known address; or if it is not
known, at the county seat of the county in which his land
(2002 Ed.)
17.28.040
lies. The notice shall describe the territory and shall fix a
time, not less than two weeks from the date of mailing,
when all persons interested may appear before the county
commissioners and be heard.
The boundaries of a district lying in a city shall not be
altered unless the governing board of the city, by resolution,
consents to the alteration. [1957 c 153 § 7.]
17.28.080 Determination of public necessity and
compliance with chapter. Upon the hearing of the petition
the county commissioners shall determine whether the public
necessity or welfare of the proposed territory and of its inhabitants requires the formation of the district, and shall also
determine whether the petition complies with the provisions
of this chapter, and for that purpose shall hear all competent
and relevant testimony offered. [1957 c 153 § 8.]
17.28.090 Declaration establishing and naming
district—Election to form district—Establishment of
district. If, from the testimony given before the county
commissioners, it appears to that board that the public
necessity or welfare requires the formation of the district, it
shall, by an order entered on its minutes, declare that to be
its finding, and shall further declare and order that the
territory within the boundaries so fixed and determined be
organized as a district, under an appropriate name to be
selected by the county commissioners, subject to approval of
the voters of the district as hereinafter provided. The name
shall contain the words "mosquito control district."
At the time of the declaration establishing and naming
the district, the county commissioners shall by resolution call
a special election to be held not less than thirty days and not
more than sixty days from the date thereof, and shall cause
to be published a notice of such election at least once a
week for three consecutive weeks in a newspaper of general
circulation in the county, setting forth the hours during
which the polls will be open, the boundaries of the proposed
district as finally adopted, and the object of the election. If
any portion of the proposed district lies in another county, a
notice of such election shall likewise be published in that
county.
The election on the formation of the mosquito control
district shall be conducted by the auditor of the county in
which the greater area of the proposed district is located in
accordance with the general election laws of the state and
the results thereof shall be canvassed by that county’s
canvassing board. For the purpose of conducting an election
under this section, the auditor of the county in which the
greater area of the proposed district is located may appoint
the auditor of any county or the city clerk of any city lying
wholly or partially within the proposed district as his
deputies. No person shall be entitled to vote at such election
unless he is a qualified voter under the laws of the state in
effect at the time of such election and has resided within the
mosquito control district for at least thirty days preceding the
date of the election. The ballot proposition shall be in
substantially the following form:
"Shall a mosquito control district be established for the
area described in a resolution of the board of commissioners
of . . . . . . county adopted on the . . . . day of . . . . . .,
19. . .?
[Title 17 RCW—page 41]
17.28.090
Title 17 RCW: Weeds, Rodents, and Pests
YES
.............................
NO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
If a majority of the persons voting on the proposition
shall vote in favor thereof, the mosquito control district shall
thereupon be established and the county commissioners of
the county in which the greater area of the district is situated
shall immediately file for record in the office of the county
auditor of each county in which any portion of the land
embraced in the district is situated, and shall also forward to
the county commissioners of each of the other counties, if
any, in which any portion of the district is situated, and also
shall file with the secretary of state, a certified copy of the
order of the county commissioners. From and after the date
of the filing of the certified copy with the secretary of state,
the district named therein is organized as a district, with all
the rights, privileges, and powers set forth in this chapter, or
necessarily incident thereto.
If a majority of the persons voting on the proposition
shall vote in favor thereof, all expenses of the election shall
be paid by the mosquito control district when organized. If
the proposition fails to receive a majority of votes in favor,
the expenses of the election shall be borne by the respective
counties in which the district is located in proportion to the
number of votes cast in said counties. [1957 c 153 § 9.]
17.28.100 Election on proposition to levy tax. At
the same election there shall be submitted to the voters
residing within the district, for their approval or rejection, a
proposition authorizing the mosquito control district, if
formed, to levy at the earliest time permitted by law on all
taxable property located within the mosquito control district
a general tax, for one year, of up to twenty-five cents per
thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the
mosquito control district. The proposition shall be expressed
on the ballots in substantially the following form:
"ONE YEAR . . . . . . CENTS PER
THOUSAND DOLLARS OF ASSESSED VALUE LEVY
Shall the mosquito control district, if formed, levy a
general tax of . . . . . . cents per thousand dollars of assessed
value for one year upon all the taxable property within said
district in excess of the constitutional and/or statutory tax
limits for authorized purposes of the district?
YES
.............................
NO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
Such proposition to be effective must be approved by a
majority of at least three-fifths of the persons voting on the
proposition to levy such tax in the manner set forth in
Article VII, section 2(a) of the Constitution of this state, as
amended by Amendment 59 and as thereafter amended.
[1982 c 217 § 1; 1973 1st ex.s. c 195 § 2; 1957 c 153 § 10.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
17.28.110 Board of trustees—Composition. Within
thirty days after the filing with the secretary of state of the
certified copy of the order of formation, a governing board
of trustees for the district shall be appointed. The district
board shall be appointed as follows:
[Title 17 RCW—page 42]
(1) If the district is situated in one county only and
consists wholly of unincorporated territory, five members
shall be appointed by the county commissioners of the
county.
(2) If the district is situated entirely in one county and
includes both incorporated and unincorporated territory one
member shall be appointed from each commissioner district
lying wholly or partly within the district by the county
commissioners of the county, and one member from each
city, the whole or part of which is situated in the district, by
the governing body of the city; but if the district board
created consists of less than five members, the county
commissioners shall appoint from the district at large enough
additional members to make a board of five members.
(3) If the district is situated in two or more counties and
is comprised wholly of incorporated territory, one member
shall be appointed from each commissioner district of each
county or portion of a county situated in the district by the
county commissioners; but if the district board created
consists of less than five members, the county commissioners of the county in which the greater area of the district is
situated shall appoint from the district at large enough
additional members to make a board of five members.
(4) If the district is situated in two or more counties and
consists of both incorporated and unincorporated territory,
one member shall be appointed by the county commissioners
of each of the counties from that portion of the district lying
within each commissioner district within its jurisdiction; and
one member from each city, a portion of which is situated in
the district by the governing body of the city; but if the
board created consists of less than five members, the county
commissioners in which the greater area of the district is
situated shall appoint from the district at large enough
additional members to make a board of five members.
[1959 c 64 § 1; 1957 c 153 § 11.]
17.28.120 Board of trustees—Name of board—
Qualification of members. The district board shall be
called "The board of trustees of . . . . . . mosquito control
district."
Each member of the board appointed by the governing
body of a city shall be an elector of the city from which he
is appointed and a resident of that portion of the city which
is in the district.
Each member appointed from a county or portion of a
county shall be an elector of the county and a resident of
that portion of the county which is in the district.
Each member appointed at large shall be an elector of
the district. [1957 c 153 § 12.]
17.28.130 Board of trustees—Terms—Vacancies.
The members of the first board in any district shall classify
themselves by lot at their first meeting so that:
(1) If the total membership is an even number, the terms
of one-half the members will expire at the end of one year,
and the terms of the remainder at the end of two years, from
the second day of the calendar year next succeeding their
appointment.
(2) If the total membership is an odd number, the terms
of a bare majority of the members will expire at the end of
one year, and the terms of the remainder at the end of two
(2002 Ed.)
Mosquito Control Districts
years, from the second day of the calendar year next
succeeding their appointment.
The term of each subsequent member is two years from
and after the expiration of the term of his predecessor.
In event of the resignation, death, or disability of any
member, his successor shall be appointed by the governing
body which appointed him. [1957 c 153 § 13.]
17.28.140 Board of trustees—Organization—
Officers—Compensation—Expenses. The members of the
first district board shall meet on the first Monday subsequent
to thirty days after the filing with the secretary of state of
the certificate of incorporation of the district. They shall
organize by the election of one of their members as president
and one as secretary.
The members of the district board shall serve without
compensation; but the necessary expenses of each member
for actual traveling in connection with meetings or business
of the board may be allowed and paid.
The secretary shall receive such compensation as shall
be fixed by the district board. [1957 c 153 § 14.]
17.28.150 Board of trustees—Meetings—Rules—
Quorum. The district board shall provide for the time and
place of holding its regular meetings, and the manner of
calling them, and shall establish rules for its proceedings.
Special meetings may be called by three members,
notice of which shall be given to each member at least
twenty-four hours before the meeting.
All of its sessions, whether regular or special, shall be
open to the public.
A majority of the members shall constitute a quorum for
the transaction of business. [1957 c 153 § 15.]
17.28.160 Powers of district. A mosquito control
district organized under this chapter may:
(1) Take all necessary or proper steps for the extermination of mosquitoes.
(2) Subject to the paramount control of the county or
city in which they exist, abate as nuisances all stagnant pools
of water and other breeding places for mosquitoes.
(3) If necessary or proper, in the furtherance of the
objects of this chapter, build, construct, repair, and maintain
necessary dikes, levees, cuts, canals, or ditches upon any
land, and acquire by purchase, condemnation, or by other
lawful means, in the name of the district, any lands, rights
of way, easements, property, or material necessary for any
of those purposes.
(4) Make contracts to indemnify or compensate any
owner of land or other property for any injury or damage
necessarily caused by the use or taking of property for dikes,
levees, cuts, canals, or ditches.
(5) Enter upon without hindrance any lands within the
district for the purpose of inspection to ascertain whether
breeding places of mosquitoes exist upon such lands; or to
abate public nuisances in accordance with this chapter; or to
ascertain if notices to abate the breeding of mosquitoes upon
such lands have been complied with; or to treat with oil or
other larvicidal material any breeding places of mosquitoes
upon such lands.
(2002 Ed.)
17.28.130
(6) Sell or lease any land, rights of way, easements,
property or material acquired by the district.
(7) Issue warrants payable at the time stated therein to
evidence the obligation to repay money borrowed or any
other obligation incurred by the district, warrants so issued
to draw interest at a rate fixed by the board payable annually
or semiannually as the board may prescribe.
(8) Make contracts with the United States, or any state,
municipality, or any department of those entities for carrying
out the general purpose for which the district is formed.
(9) Acquire by gift, devise, bequest, lease, or purchase,
real and personal property necessary or convenient for its
purposes.
(10) Make contracts, employ engineers, health officers,
sanitarians, physicians, laboratory personnel, attorneys, and
other technical or professional assistants; and publish
information or literature and do any and all other things
necessary or incident to the powers granted by, and to carry
out the projects specified in this chapter. [1981 c 156 § 1;
1957 c 153 § 16.]
17.28.170 Mosquito breeding places declared public
nuisance—Abatement. Any breeding place for mosquitoes
which exists by reason of any use made of the land on
which it is found or of any artificial change in its natural
condition is a public nuisance: PROVIDED, That conditions
or usage of land which are beyond the control of the
landowner or are not contrary to normal, accepted practices
of water usage in the district, shall not be considered a
public nuisance.
The nuisance may be abated in any action or proceeding, or by any remedy provided by law. [1959 c 64 § 2;
1957 c 153 § 17.]
17.28.175 Control of mosquitos—Declaration that
owner is responsible. A board established pursuant to
RCW 17.28.110 may adopt, by resolution, a policy declaring
that the control of mosquitos within the district is the
responsibility of the owner of the land from which the
mosquitos originate. To protect the public health or welfare,
the board may, in accordance with policies and standards
established by the board following a public hearing, adopt a
regulation requiring owners of land within the district to
perform such acts as may be necessary to control mosquitos.
[1990 c 300 § 2.]
17.28.185 Control of mosquitos—Noncompliance by
landowner with regulations. (1) Whenever the board finds
that the owner has not taken prompt and sufficient action to
comply with regulations adopted pursuant to RCW 17.28.175
to control mosquitos originating from the owner’s land, the
board shall notify the owner that a violation of this chapter
exists. The notice shall be in writing and sent by certified
mail, or served by personal service. The notice shall provide
a reasonable time period for action to be taken to control
mosquitos. If the board deems that a public nuisance or
threat to public health or welfare caused by the mosquito
infestation is sufficiently severe, it may require immediate
control action to be taken within forty-eight hours following
the time that notification is reasonably expected to have been
[Title 17 RCW—page 43]
17.28.185
Title 17 RCW: Weeds, Rodents, and Pests
received by the owner or agent by certified mail or personal
service.
(2) If the owner does not take sufficient action to
control mosquitos in accordance with the notice, the board
may control them, or cause their being controlled, at the
expense of the owner. The amount of such expense shall
constitute a lien against the property and may be enforced by
proceedings on such lien. The owner shall be liable for
payment of the expenses, and nothing in this chapter shall be
construed to prevent collection of any judgment on account
thereof by any means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and
expenses, including reasonable attorneys’ fees, incurred by
the board in carrying out this section, may be recovered at
the same time, as a part of the action filed under this section.
The venue in proceedings for reimbursement of expenses
brought pursuant to this section, including those involving
governmental entities, shall be the county in which the real
property that is the subject of the action is situated. [1990
c 300 § 3.]
17.28.250 Interference with entry or work of
district—Penalty. Any person who obstructs, hinders, or
interferes with the entry upon any land within the district of
any officer or employee of the district in the performance of
his duty, and any person who obstructs, interferes with,
molests, or damages any work performed by the district, is
guilty of a misdemeanor. [1957 c 153 § 25.]
17.28.251 Borrowing money or issuing warrants in
anticipation of revenue. A mosquito control district may,
prior to the receipt of taxes raised by levy, borrow money or
issue warrants of the district in anticipation of revenue, and
such warrants shall be redeemed from the first money
available from such taxes. [1959 c 64 § 3.]
17.28.252 Excess levy authorized. A mosquito
control district shall have the power to levy additional taxes
in excess of the constitutional and/or statutory limitations for
any of the authorized purposes of such district, not in excess
of fifty cents per thousand dollars of assessed value per year
when authorized so to do by the electors of such district by
a three-fifths majority of those voting on the proposition in
the manner set forth in Article VII, section 2(a) of the
Constitution of this state, as amended by Amendment 59 and
as thereafter amended at such time as may be fixed by the
board of trustees for the district, which special election may
be called by the board of trustees of the district, at which
special election the proposition of authorizing such excess
levy shall be submitted in such form as to enable the voters
favoring the proposition to vote "Yes" and those opposing
thereto to vote "No". Nothing herein shall be construed to
prevent holding the foregoing special election at the same
time as that fixed for a general election. [1973 1st ex.s. c
195 § 3; 1959 c 64 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
17.28.253 District boundaries for tax purposes. For
the purpose of property taxation and the levying of property
taxes the boundaries of the mosquito control district shall be
[Title 17 RCW—page 44]
the established official boundary of such district existing on
the first day of September of the year in which the levy is
made, and no such levy shall be made for any mosquito
control district whose boundaries are not duly established on
the first day of September of such year. [1959 c 64 § 5.]
17.28.254 Abatement, extermination declared
necessity and benefit to land. It is hereby declared that
whenever the public necessity or welfare has required the
formation of a mosquito control district, the abatement or
extermination of mosquitoes within the district is of direct,
economic benefit to the land located within such district and
is necessary for the protection of the public health, safety
and welfare of those residing therein. [1959 c 64 § 6.]
17.28.255 Classification of property—Assessments.
The board of trustees shall annually determine the amount of
money necessary to carry on the operations of the district
and shall classify the property therein in proportion to the
benefits to be derived from the operations of the district and
in accordance with such classification shall apportion and
assess the several lots, blocks, tracts, and parcels of land or
other property within the district, which assessment shall be
collected with the general taxes of the county or counties.
[1959 c 64 § 7.]
17.28.256 Assessments—Roll, hearings, notices,
objections, appeal, etc. The board of trustees in assessing
the property within the district and the rights, duties and
liabilities of property owners therein shall be governed,
insofar as is consistent with this chapter, by the provisions
for county road improvement districts as set forth in RCW
36.88.090 through 36.88.110. [1959 c 64 § 8.]
17.28.257 Assessments—Payment, lien, delinquencies, foreclosure, etc. The provisions of RCW 36.88.120,
36.88.140, 36.88.150, 36.88.170 and 36.88.180 governing the
liens, collection, payment of assessments, delinquent assessments, interest and penalties, lien foreclosure and foreclosed
property of county road improvement districts shall govern
such matters as applied to mosquito control districts. [1959
c 64 § 9.]
17.28.258 County treasurer—Duties. The county
treasurer shall collect all mosquito control district assessments, and the duties and responsibilities herein imposed
upon him shall be among the duties and responsibilities of
his office for which his bond is given as county treasurer.
The collection and disposition of revenue from such assessments and the depositary thereof shall be the same as for tax
revenues of such districts as provided in RCW 17.28.270.
[1959 c 64 § 10.]
17.28.260 General obligation bonds—Excess
property tax levies. A mosquito control district shall have
the power to issue general obligation bonds and to pledge
the full faith and credit of the district to the payment thereof,
for authorized capital purposes of the mosquito control
district, and to provide for the retirement thereof by excess
property tax levies whenever a proposition authorizing both
(2002 Ed.)
Mosquito Control Districts
the issuance of such bonds and the imposition of such excess
levies has been approved by the voters of the district, at an
election held pursuant to RCW 39.36.050, by three-fifths of
the persons voting on said proposition at said election at
which such election the total number of persons voting on
such bond proposition shall constitute not less than forty
percent of the total number of votes cast within the area of
said mosquito control district at the last preceding county or
state general election. Mosquito control districts may
become indebted for capital purposes up to an amount equal
to one and one-fourth percent of the value of the taxable
property in the district, as the term "value of the taxable
property" is defined in RCW 39.36.015.
Such bonds shall never be issued to run for a longer
period than ten years from the date of issue and shall be
issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 5; 1983 c 167 § 18; 1973 1st ex.s. c 195 § 4;
1970 ex.s. c 56 § 5; 1969 ex.s. c 232 § 65; 1957 c 153 §
26.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
17.28.270 Collection, disposition, of revenue—
Depository. All taxes levied under this chapter shall be
computed and entered on the county assessment roll and
collected at the same time and in the same manner as other
county taxes. When collected, the taxes shall be paid into
the county treasury for the use of the district.
If the district is in more than one county the treasury of
the county in which the district is organized is the depository
of all funds of the district.
The treasurers of the other counties shall, at any time,
not oftener than twice each year, upon the order of the
district board settle with the district board and pay over to
the treasurer of the county where the district is organized all
money in their possession belonging to the district. The last
named treasurer shall give a receipt for the money and place
it to the credit of the district. [1957 c 153 § 27.]
17.28.280 Withdrawal of funds. The funds shall
only be withdrawn from the county treasury depository upon
the warrant of the district board signed by its president or
acting president, and countersigned by its secretary. [1957
c 153 § 28.]
17.28.290 Matching funds. Any part or all of the
taxes collected for use of the district may be used for
matching funds made available to the district by county,
state, or federal governmental agencies. [1957 c 153 § 29.]
17.28.300 Expenses of special elections. All expenses of any special election conducted pursuant to the provisions of this chapter shall be paid by the mosquito control
district. [1957 c 153 § 30.]
(2002 Ed.)
17.28.260
17.28.310 Annual certification of assessed valuation.
It shall be the duty of the assessor of each county lying
wholly or partially within the district to certify annually to
the board the aggregate assessed valuation of all taxable
property in his county situated in any mosquito control
district as the same appears from the last assessment roll of
his county. [1957 c 153 § 31.]
17.28.320 Annexation of territory authorized—
Consent by city. Any territory contiguous to a district may
be annexed to the district.
If the territory to be annexed is in a city, consent to the
annexation shall first be obtained from the governing body
of the city. An authenticated copy of the resolution or order
of that body consenting to the annexation shall be attached
to the annexation petition. [1957 c 153 § 32.]
17.28.330 Annexation of territory authorized—
Petition—Hearing—Boundaries. The district board, upon
receiving a written petition for annexation containing a
description of the territory sought to be annexed, signed by
registered voters in said territory equal in number to at least
ten percent of the number of votes cast in the territory for
the office of governor at the last gubernatorial election prior
to the time the petition is presented, shall set the petition for
hearing. It shall publish notice of the hearing along with a
copy of the petition, stating the time and place set for the
hearing, in each county in which any part of the district or
of the territory is situated, and in each city situated wholly
or in part in the territory. Not more than five of the names
attached to the petition need appear in the publication, but
the number of signers shall be stated.
At the time set for the hearing the district board shall
hear persons appearing in behalf of the petition and all
protests and objections to it. The district board may adjourn
the hearing from time to time, but not exceeding two months
in all.
On the final hearing the district board shall make such
changes as it believes advisable in the boundaries of the
territory, and shall define and establish the boundaries. It
shall also determine whether the petition meets the requirements of this chapter. [1957 c 153 § 33.]
17.28.340 Annexation of territory authorized—
Order of annexation—Election. If upon the hearing the
district board finds that the petition and the proceedings
thereon meet the requirements of this chapter and that it is
desirable and to the interests of the district and of the
territory proposed to be annexed that the territory, with
boundaries as fixed and determined by the district board, or
any portion of it, should be annexed to the district, the board
shall order the boundaries of the district changed to include
the territory, or portion of the territory, subject to approval
of the electors of the territory proposed to be annexed. The
election to be conducted and the returns canvassed and
declared insofar as is practicable in accordance with the requirements of this chapter for the formation of a district.
The expenses of such election shall be borne by the mosquito control district regardless of the outcome of the election.
The order of annexation shall describe the boundaries of
the annexed territory and that portion of the boundary of the
[Title 17 RCW—page 45]
17.28.340
Title 17 RCW: Weeds, Rodents, and Pests
district which coincides with any boundary of the territory.
If necessary in making this order, the board may have any
portion of the boundaries surveyed.
If more than one petition for the annexation of the
territory has been presented, the district board may in one
order include in the district any number of separate territories. [1957 c 153 § 34.]
17.28.350 Annexation of territory authorized—
Filing of order—Composition of board. The order of
annexation shall be entered in the minutes of the board and
certified copies shall be filed with the secretary of state and
with the county clerk and county auditor of each county in
which the district or any part of it is situated.
From and after the date of the filing and recording of
the certified copies of the order, the territory described in the
order is a part of the district, with all the rights, privileges,
and powers set forth in this act and those necessarily
incident thereto.
After the annexation of territory to a district, the district
board shall consist of the number of members and shall be
appointed in the manner prescribed by this chapter for a
district formed originally with boundaries embracing the
annexed territory. However, the members of the district
board in office at the time of the annexation shall continue
to serve as members during the remainder of the terms for
which they were appointed. [1957 c 153 § 35.]
17.28.360 Consolidation of districts—Initial proceedings. Whenever in the judgment of the district board it
is for the best interests of the district that it be consolidated
with one or more other districts, it may, by a two-thirds vote
of its members, adopt a resolution reciting that fact and
declaring the advisability of such consolidation and the
willingness of the board to consolidate. The resolution shall
be sent to the board of each district with which consolidation
is proposed.
The board of each district to which a proposal of
consolidation is sent shall consider said proposal and give
notice of its decision to the proposing board. [1957 c 153
§ 36.]
17.28.370 Consolidation of districts—Concurrent
resolution. Should it appear that two-thirds of the members
of each of the boards of districts proposed to be consolidated
favor consolidation each of said boards shall then, by a vote
of not less than two-thirds of its members adopt a concurrent
resolution in favor of consolidation, declaring its willingness
to consolidate, specifying a name for the consolidated
district. Immediately upon the adoption of said concurrent
resolution a copy of same signed by not less than two-thirds
of the members of each board shall be forwarded to the
county commissioners of the county in which all of or a
major portion of the land of all, the districts consolidated are
situated. [1957 c 153 § 37.]
17.28.380 Consolidation of districts—Election.
When the concurrent resolution for consolidation has been
adopted, each board of the districts proposed for consolidation shall forthwith call a special election in its district in
[Title 17 RCW—page 46]
which shall be presented to the electors of the districts the
question whether the consolidation shall be effected.
The election shall be conducted and the returns canvassed and declared insofar as is practicable in accordance
with the requirements of this chapter for the formation of a
district.
The board of each district shall declare the returns of
the election in its district, and shall certify the results to the
county commissioners of the county in which all the districts, or the major portion of the land of all the districts, are
situated. [1957 c 153 § 38.]
17.28.390 Consolidation of districts—Order of
consolidation. Should not less than two-thirds of the votes
of each of the respective districts proposed to be consolidated favor consolidation the county commissioners shall
immediately:
(1) Enter an order on its minutes consolidating all of the
districts proposed for consolidation into one district with
name as specified in the concurrent resolution.
(2) Transmit a certified copy of the order to the county
commissioners of any other county in which any portion of
the consolidated district is situated.
(3) Record a copy in the office of the county auditor of
each of the counties in which any portion of the consolidated
district is situated.
(4) File a copy in the office of the secretary of state.
After the transmission, recording and filing of the order,
the territory in the districts entering into the consolidation
proposal forms a single consolidated district. [1957 c 153 §
39.]
17.28.400 Consolidation of districts—Composition
of board. After the consolidation, the board of the consolidated district shall consist of the number and shall be
appointed in the manner prescribed by this chapter for a
district originally formed.
The terms of the members of the district boards of the
several districts consolidated who are in office at the time of
consolidation shall terminate at the time the consolidation
becomes effective. [1957 c 153 § 40.]
17.28.410 Consolidation of districts—Powers of
consolidated district—Indebtedness of former districts.
The consolidated district has all the rights, powers, duties,
privileges and obligations of a district formed originally
under the provisions of this chapter.
If at the time of consolidation there is outstanding an indebtedness of any of the former districts included in the
consolidated district, that indebtedness shall be paid in the
manner provided for the payment of indebtedness upon
dissolution of a district.
A consolidated district shall not be liable for any
indebtedness of any of the former districts included in it
which was outstanding at the time of consolidation.
No property in any of the former districts shall be taxed
to pay any indebtedness of any other former district existing
at the date of the consolidation. [1957 c 153 § 41.]
17.28.420 Dissolution—Election. The district may at
any time be dissolved upon the vote of two-thirds of the
(2002 Ed.)
Mosquito Control Districts
qualified electors in the district at a special election called by
the district board upon the question. The question shall be
submitted as, "Shall the district be dissolved?", or words to
that effect.
Notice of the election shall be published at least once a
week for at least four weeks prior to the date of the election
in a newspaper of general circulation in each county of the
district. [1957 c 153 § 42.]
17.28.430 Dissolution—Result of election to be
certified—Certificate of dissolution. Should two-thirds or
more of the votes at the election favor dissolution the district
board shall certify that fact to the secretary of state. Upon
receipt of such certification the secretary of state shall issue
his certificate reciting that the district (naming it) has been
dissolved, and shall transmit to and file a copy with the
county clerk of each county in which any portion of the
district is situated.
After the date of the certificate of the secretary of state,
the district is dissolved. [1957 c 153 § 43.]
17.28.440 Dissolution—Disposition of property. If
the district at the time of dissolution was wholly within
unincorporated territory in one county, its property vests in
that county.
If the district at the time of dissolution was situated
wholly within the boundaries of a single city, its property
vests in that city.
If the district at the time of dissolution comprised only
unincorporated territory in two or more counties, its property
vests in those counties in proportion to the assessed value of
each county’s property within the boundaries of the district
as shown on the last equalized county assessment roll.
If the district at the time of dissolution comprised both
incorporated and unincorporated territory, its property vests
in each unit in proportion as its assessed property value lies
within the boundaries of the district: PROVIDED, HOWEVER, That any real property, easements, or rights of way vest
in the city in which they are situated or in the county in
which they are situated. [1957 c 153 § 44.]
17.28.450 Dissolution—Collection of taxes to
discharge indebtedness. If, at the time of election to
dissolve, a district has outstanding any indebtedness, the vote
to dissolve the district dissolves it for all purposes except the
levy and collection of taxes for the payment of the indebtedness, and expenses of assessing, levying, and collecting such taxes.
Until the indebtedness is paid, the county commissioners
of the county in which the greater portion of the district was
situated shall act as the ex officio district board and shall
levy taxes and perform such functions as may be necessary
in order to pay the indebtedness. [1957 c 153 § 45.]
17.28.900 Severability—1957 c 153. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included therein, if any such remaining part can then be
administered in furtherance of the purposes of this chapter.
[1957 c 153 § 46.]
(2002 Ed.)
17.28.420
Chapter 17.34
PEST CONTROL COMPACT
Sections
17.34.010
17.34.020
17.34.030
17.34.040
17.34.050
17.34.060
17.34.070
Compact provisions.
Cooperation with insurance fund authorized.
Filing of bylaws and amendments.
Compact administrator.
Requests or applications for assistance from insurance fund.
Agency incurring expenses to be credited with payments to
this state.
"Executive head" defined.
17.34.010 Compact provisions. The pest control
compact is hereby enacted into law and entered into with all
other jurisdiction legally joining therein in the form substantially as follows:
ARTICLE I
FINDINGS
The party states find that:
1. In the absence of the higher degree of cooperation
among them possible under this compact, the annual loss of
approximately seven billion dollars from the depredations of
pests is virtually certain to continue, if not to increase.
2. Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to
protect themselves fully against those pests which present
serious dangers to them.
3. The migratory character of pest infestations makes it
necessary for states both adjacent to and distant from one
another, to complement each other’s activities when faced
with conditions of infestation and reinfestation.
4. While every state is seriously affected by a substantial number of pests, and every state is susceptible of
infestation by many species of pests not now causing
damage to its crop and plant life and products, the fact that
relatively few species of pests present equal danger to or are
of interest to all states makes the establishment and operation
of an Insurance Fund, from which individual states may
obtain financial support for pest control programs of benefit
to them in other states and to which they may contribute in
accordance with their relative interests, the most equitable
means of financing cooperative pest eradication and control
programs.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
1. "State" means a state, territory or possession of the
United States, the District of Columbia, and the Commonwealth of Puerto Rico.
2. "Requesting state" means a state which invokes the
procedures of the compact to secure the undertaking or
intensification of measures to control or eradicate one or
more pests within one or more other states.
3. "Responding state" means a state request to undertake
or intensify the measures referred to in subdivision (2) of
this Article.
[Title 17 RCW—page 47]
17.34.010
Title 17 RCW: Weeds, Rodents, and Pests
4. "Pest" means any invertebrate animal, pathogen,
parasitic plant or similar or allied organism which can cause
disease or damage in any crops, trees, shrubs, grasses or
other plants of substantial value.
5. "Insurance Fund" means the Pest Control Insurance
Fund established pursuant to this compact.
6. "Governing Board" means the administrators of this
compact representing all of the party states when such
administrators are acting as a body in pursuance of authority
vested in them by this compact.
7. "Executive Committee" means the committee established pursuant to Article V(E) of this compact.
ARTICLE III
THE INSURANCE FUND
There is hereby established the Pest Control Insurance Fund
for the purpose of financing other than normal pest control
operations which states may be called upon to engage in
pursuant to this compact. The Insurance Fund shall contain
moneys appropriated to it by the party states and any
donations and grants accepted by it. All appropriations,
except as conditioned by the rights and obligations of party
states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to
use in the control of any specified pest or pests. Donations
and grants may be conditional or unconditional, provided
that the Insurance Fund shall not accept any donation or
grant whose terms are inconsistent with any provision of this
compact.
ARTICLE IV
THE INSURANCE FUND,
INTERNAL OPERATIONS AND MANAGEMENT
A. The Insurance Fund shall be administered by a
Governing Board and Executive Committee as
hereinafter provided. The actions of the Governing
Board and Executive Committee pursuant to this
compact shall be deemed the actions of the Insurance Fund.
B. The members of the Governing Board shall be
entitled to one vote each on such Board. No action
of the Governing Board shall be binding unless
taken at a meeting at which a majority of the total
number of votes on the Governing Board are cast
in favor thereof. Action of the Governing Board
shall be only at a meeting at which a majority of
the members are present.
C. The Insurance Fund shall have a seal which may be
employed as an official symbol and which may be
affixed to documents and otherwise used as the
Governing Board may provide.
D. The Governing Board shall elect annually, from
among its members, a chairman, a vice chairman,
a secretary and a treasurer. The chairman may not
succeed himself. The Governing Board may
appoint an executive director and fix his duties and
his compensation, if any. Such executive director
shall serve at the pleasure of the Governing Board.
The Governing Board shall make provisions for the
bonding of such of the officers and employees of
the Insurance Fund as may be appropriate.
[Title 17 RCW—page 48]
E.
Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the
executive director, or if there be no executive
director, the chairman, in accordance with such
procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may
be necessary for the performance of the functions
of the Insurance Fund and shall fix the duties and
compensation of such personnel. The Governing
Board in its bylaws shall provide for the personnel
policies and programs of the Insurance Fund.
F. The Insurance Fund may borrow, accept or contract
for the services of personnel from any state, the
United States, or any other governmental agency,
or from any person, firm, association or corporation.
G. The Insurance Fund may accept for any of its
purposes and functions under this compact any and
all donations, and grants of money, equipment,
supplies, materials and services, conditional or
otherwise, from any state, the United States, or any
other governmental agency, or from any person,
firm, association or corporation, and may receive,
utilize and dispose of the same. Any donation, gift
or grant accepted by the Governing Board pursuant
to this paragraph or services borrowed pursuant to
paragraph (F) of this Article shall be reported in
the annual report of the Insurance Fund. Such
report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services
borrowed and the identity of the donor or lender.
H. The Governing Board shall adopt bylaws for the
conduct of the business of the Insurance Fund and
shall have the power to amend and rescind these
bylaws. The Insurance Fund shall publish its
bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with
the appropriate agency or officer in each of the
party states.
I. The Insurance Fund annually shall make to the
Governor and legislature of each party state a
report covering its activities for the preceding year.
The Insurance Fund may make such additional
reports as it may deem desirable.
J. In addition to the powers and duties specifically
authorized and imposed, the Insurance Fund may
do such other things as are necessary and incidental
to the conduct of its affairs pursuant to this compact.
ARTICLE V
COMPACT AND INSURANCE FUND
ADMINISTRATION
A. In each party state there shall be a compact administrator, who shall be selected and serve in such
manner as the laws of his state may provide, and
who shall:
1. Assist in the coordination of activities
pursuant to the compact in his state; and
2. Represent his state on the Governing Board
of the Insurance Fund.
(2002 Ed.)
Pest Control Compact
B. If the laws of the United States specifically so
provide, or if administrative provision is made
therefor within the Federal Government, the United
States may be represented on the Governing Board
of the Insurance Fund by not to exceed three
representatives. Any such representative or representatives of the United States shall be appointed
and serve in such manner as may be provided by or
pursuant to federal law, but no such representative
shall have a vote on the Governing Board or on the
Executive Committee thereof.
C. The Governing Board shall meet at least once each
year for the purpose of determining policies and
procedures in the administration of the Insurance
Fund and, consistent with the provisions of the
compact, supervising and giving direction to the
expenditure of moneys from the Insurance Fund.
Additional meetings of the Governing Board shall
be held on call of the chairman, the Executive
Committee, or a majority of the membership of the
Governing Board.
D. At such times as it may be meeting, the Governing
Board shall pass upon applications for assistance
from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is
not in session, the Executive Committee thereof
shall act as agent of the Governing Board, with full
authority to act for it in passing upon such applications.
E. The Executive Committee shall be composed of the
chairman of the Governing Board and four additional members of the Governing Board chosen by
it so that there shall be one member representing
each of four geographic groupings of party states.
The Governing Board shall make such geographic
groupings. If there is representation of the United
States on the Governing Board one such representative may meet with the Executive Committee. The
chairman of the Governing Board shall be chairman
of the Executive Committee. No action of the
Executive Committee shall be binding unless taken
at a meeting at which at least four members of
such Committee are present and vote in favor
thereof. Necessary expenses of each of the five
members of the Executive Committee incurred in
attending meetings of such Committee, when not
held at the same time and place as a meeting of the
Governing Board, shall be charges against the Insurance Fund.
ARTICLE VI
ASSISTANCE AND REIMBURSEMENT
A. Each party state pledges to each other party state
that it will employ its best efforts to eradicate, or
control within the strictest practicable limits, any
and all pests. It is recognized that performance of
this responsibility involves:
1. The maintenance of pest control and
eradication activities of interstate significance by a
party state at a level that would be reasonable for
its own protection in the absence of this compact.
(2002 Ed.)
17.34.010
2. The meeting of emergency outbreaks or
infestations of interstate significance to no less an
extent than would have been done in the absence of
this compact.
B. Whenever a party state is threatened by a pest not
present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or
eradication of a pest or pests, and finds that such
activities are or would be impracticable or substantially more difficult of success by reason of failure
of another party state to cope with infestation or
threatened infestation, that state may request the
Governing Board to authorize expenditures from
the Insurance Fund for eradication or control
measures to be taken by one or more of such other
party states at a level sufficient to prevent, or to
reduce to the greatest practicable extent, infestation
or reinfestation of the requesting state. Upon such
authorization the responding state or states shall
take or increase such eradication or control measures as may be warranted. A responding state
shall use moneys made available from the Insurance Fund expeditiously and efficiently to assist in
affording the protection requested.
C. In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the
following in writing:
1. A detailed statement of the circumstances
which occasion the request for the invoking of the
compact.
2. Evidence that the pest on account of whose
eradication or control assistance is requested
constitutes a danger to an agricultural or forest
crop, product, tree, shrub, grass or other plant
having a substantial value to the requesting state.
3. A statement of the extent of the present and
projected program of the requesting state and its
subdivision, including full information as to the
legal authority for the conduct of such program or
programs and the expenditures being made or
budgeted therefor, in connection with the
eradication, control, or prevention of introduction
of the pest concerned.
4. Proof that the expenditures being made or
budgeted as detailed in item 3 do not constitute a
reduction of the effort for the control or eradication
of the pest concerned or, if there is a reduction, the
reasons why the level of program detailed in item
3 constitutes a normal level of pest control activity.
5. A declaration as to whether, to the best of
its knowledge and belief, the conditions which in
its view occasion the invoking of the compact in
the particular instance can be abated by a program
undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the
request is for an installment in a program which is
likely to continue for a longer period of time.
6. Such other information as the Governing
Board may require consistent with the provisions of
this compact.
[Title 17 RCW—page 49]
17.34.010
Title 17 RCW: Weeds, Rodents, and Pests
D. The Governing Board or Executive Committee
shall give due notice of any meeting at which an
application for assistance from the Insurance Fund
is to be considered. Such notice shall be given to
the compact administrator of each party state and
to such other officers and agencies as may be
designated by the laws of the party states. The requesting state and any other party state shall be
entitled to be represented and present evidence and
argument at such meeting.
E. Upon the submission as required by paragraph (C)
of this Article and such other information as it may
have or acquire, and upon determining that an
expenditure of funds is within the purposes of this
compact and justified thereby, the Governing Board
or Executive Committee shall authorize support of
the program. The Governing Board or the Executive Committee may meet at any time or place for
the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to
an application, together with the reasons therefor
shall be recorded and subscribed in such manner as
to show and preserve the votes of the individual
members thereof.
F. A requesting state which is dissatisfied with a
determination of the Executive Committee shall
upon notice in writing given within twenty days of
the determination with which it is dissatisfied, be
entitled to receive a review thereof at the next
meeting of the Governing Board. Determinations
of the Executive Committee shall be reviewable
only by the Governing Board at one of its regular
meetings, or at a special meeting held in such
manner as the Governing Board may authorize.
G. Responding states required to undertake or increase
measures pursuant to this compact may receive
moneys from the Insurance Fund, either at the time
or times when such state incurs expenditures on
account of such measures, or as reimbursement for
expenses incurred and chargeable to the Insurance
Fund. The Governing Board shall adopt and, from
time to time, may amend or revise procedures for
submission of claims upon it and for payment
thereof.
H. Before authorizing the expenditure of moneys from
the Insurance Fund pursuant to an application of a
requesting state, the Insurance Fund shall ascertain
the extent and nature of any timely assistance or
participation which may be available from the
Federal Government and shall request the appropriate agency or agencies of the Federal Government for such assistance and participation.
I. The Insurance Fund may negotiate and execute a
memorandum of understanding or other appropriate
instrument defining the extent and degree of assistance or participation between and among the
Insurance Fund, cooperating federal agencies, states
and any other entities concerned.
ARTICLE VII
ADVISORY AND TECHNICAL COMMITTEES
The Governing Board may establish advisory and technical
committees composed of state, local, and federal officials,
and private persons to advise it with respect to any one or
more of its functions. Any such advisory or technical
committee, or any member or members thereof may meet
with and participate in its deliberations. Upon request of the
Governing Board or Executive Committee an advisory or
technical committee may furnish information and recommendations with respect to any application for assistance from
the Insurance Fund being considered by such Board or
Committee and the Board or Committee may receive and
consider the same: provided that any participant in a
meeting of the Governing Board or Executive Committee
held pursuant to Article VI(D) of the compact shall be
entitled to know the substance of any such information and
recommendations, at the time of the meeting if made prior
thereto or as a part thereof or, if made thereafter, no later
than the time at which the Governing Board or Executive
Committee makes its disposition of the application.
ARTICLE VIII
RELATIONS WITH NONPARTY JURISDICTIONS
A. A party state may make application for assistance
from the Insurance Fund in respect of a pest in a
nonparty state. Such application shall be considered and disposed of by the Governing Board or
Executive Committee in the same manner as an
application with respect to a pest within a party
state, except as provided in this Article.
B. At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI(D) of this compact a nonparty
state shall be entitled to appear, participate, and
receive information only to such extent as the
Governing Board or Executive Committee may
provide. A nonparty state shall not be entitled to
review of any determination made by the Executive
Committee.
C. The Governing Board or Executive Committee
shall authorize expenditures from the Insurance
Fund to be made in a nonparty state only after
determining that the conditions in such state and
the value of such expenditures to the party states as
a whole justify them. The Governing Board or
Executive Committee may set any conditions which
it deems appropriate with respect to the expenditure
of moneys from the Insurance Fund in a nonparty
state and may enter into such agreement or agreements with nonparty states and other jurisdictions
or entities as it may deem necessary or appropriate
to protect the interests of the Insurance Fund with
respect to expenditures and activities outside of
party states.
ARTICLE IX
FINANCE
A. The Insurance Fund shall submit to the executive
head or designated officer or officers of each party
[Title 17 RCW—page 50]
(2002 Ed.)
Pest Control Compact
state a budget for the Insurance Fund for such
period as may be required by the laws of that party
state for presentation to the legislature thereof.
B. Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests
for appropriations shall be apportioned among the
party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion
to the value of agricultural and forest crops and
products, excluding animals and animal products,
produced in each party state. In determining the
value of such crops and products the Insurance
Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party
states. Each of the budgets and requests for appropriations shall indicate the source or sources used
in obtaining information concerning value of
products.
C. The financial assets of the Insurance Fund shall be
maintained in two accounts to be designated respectively as the "Operating Account" and the
"Claims Account". The Operating Account shall
consist only of those assets necessary for the
administration of the Insurance Fund during the
next ensuing two-year period. The Claims Account
shall contain all moneys not included in the Operating Account and shall not exceed the amount
reasonably estimated to be sufficient to pay all
legitimate claims on the Insurance Fund for a
period of three years. At any time when the
Claims Account has reached its maximum limit or
would reach its maximum limit by the addition of
moneys requested for appropriation by the party
states, the Governing Board shall reduce its budget
requests on a pro rata basis in such manner as to
keep the Claims Account within such maximum
limit. Any moneys in the Claims Account by
virtue of conditional donations, grants or gifts shall
be included in calculations made pursuant to this
paragraph only to the extent that such moneys are
available to meet demands arising out of claims.
D. The Insurance Fund shall not pledge the credit of
any party state. The Insurance Fund may meet any
of its obligations in whole or in part with moneys
available to it under Article IV(G) of this compact,
provided that the Governing Board takes specific
action setting aside such moneys prior to incurring
any obligation to be met in whole or in part in such
manner. Except where the Insurance Fund makes
use of moneys available to it under Article IV(G)
hereof, the Insurance Fund shall not incur any
obligation prior to the allotment of moneys by the
party states adequate to meet the same.
E. The Insurance Fund shall keep accurate accounts of
all receipts and disbursements. The receipts and
disbursements of the Insurance Fund shall be
subject to the audit and accounting procedures
established under its bylaws. However, all receipts
and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or
(2002 Ed.)
F.
17.34.010
licensed public accountant and a report of the audit
shall be included in and become part of the annual
report of the Insurance Fund.
The accounts of the Insurance Fund shall be open
at any reasonable time for inspection by duly
authorized officers of the party states and by any
persons authorized by the Insurance Fund.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
A. This compact shall enter into force when enacted
into law by any five or more states: provided, that
one such state is contiguous to this state and the
legislature has appropriated the necessary funds.
Thereafter, this compact shall become effective as
to any other state upon its enactment thereof.
B. Any party state may withdraw from this compact
by enacting a statute repealing the same, but no
such withdrawal shall take effect until two years
after the executive head of the withdrawing state
has given notice in writing of the withdrawal to the
executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the
time of such withdrawal.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall
be severable and if any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitution
of any state or of the United States or the applicability
thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact
and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any
state participating herein, the compact shall remain in full
force and effect as to the remaining party states and in full
force and effect as to the state affected as to all severable
matters. [1969 ex.s. c 130 § 1.]
17.34.020 Cooperation with insurance fund authorized. Consistent with law and within available appropriations, the departments, agencies and officers of this state
may cooperate with the insurance fund established by the
Pest Control Compact. [1969 ex.s. c 130 § 2.]
17.34.030 Filing of bylaws and amendments.
Pursuant to Article IV(H) of the compact, copies of bylaws
and amendments thereto shall be filed with the code reviser’s
office. [1969 ex.s. c 130 § 3.]
17.34.040 Compact administrator. The compact
administrator for this state shall be the director of agriculture. The duties of the compact administrator shall be
deemed a regular part of his office. [1969 ex.s. c 130 § 4.]
[Title 17 RCW—page 51]
17.34.050
Title 17 RCW: Weeds, Rodents, and Pests
17.34.050 Requests or applications for assistance
from insurance fund. Within the meaning of Article VI(B)
or VIII(A), a request or application for assistance from the
insurance fund may be made by the director of agriculture
whenever in his judgment the conditions qualifying this state
for such assistance exist and it would be in the best interest
of this state to make such request. [1969 ex.s. c 130 § 5.]
17.34.060 Agency incurring expenses to be credited
with payments to this state. The department, agency, or
officer expending or becoming liable for an expenditure on
account of a control or eradication program undertaken or
intensified pursuant to the compact shall have credited to his
account in the state treasury the amount or amounts of any
payments made to this state to defray the cost of such
program, or any part thereof, or as reimbursement thereof.
[1969 ex.s. c 130 § 6.]
17.34.070 "Executive head" defined. As used in the
compact, with reference to this state, the term "executive
head" shall mean the director of agriculture. [1969 ex.s. c
130 § 7.]
[Title 17 RCW—page 52]
(2002 Ed.)
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